Minutes of Ordinary Meeting

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

Councillor Attendance Register
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
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
2018	22 November		LOA	LOA		A			LOA
2018	13 December		LOA	LOA		A
2019	28 February			LOA	R	LOA
2019	28 March				R			LOA
2019	18 April				R		A			A
2019	30 May (Held 4 June)				R	LOA	LOA

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

The Chairman advised at the Ordinary Meeting of Council, 28 February 2019, that Cr Fryer had tendered his resignation. His vacancy was considered at the Ordinary Meeting of Council 28 March 2019 where Council resolved;

“In accordance with section 4.17(3) of the Local Government Act 1995, request the Chief Executive Officer seek the approval of the Electoral Commissioner, to allow the office of one elected member in the Broome ward to remain vacant until the October 2019 ordinary elections”.

2.25. Disqualification for failure to attend meetings

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

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

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

(a) a meeting that has concluded; or

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

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

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

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

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

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

(b) if the non‑attendance occurs —

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

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

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

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

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

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

Minutes – Ordinary Meeting of Council 27 June 2019 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 27 June 2019, COMMENCING AT 5:00pm.

1. Official Opening and Attendance

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5:05pm.

Attendance: Cr H Tracey Shire President

Cr D Male

Cr B Rudeforth

Cr C Marriott

Cr P Matsumoto

Cr C Mitchell

Cr M Fairborn

Apologies: Cr Foy (Leave of Absence to be decided on at Item 4.)

Leave of Absence:

Officers: Mr S Mastrolembo Chief Executive Officer

Mr J Watt Director Corporate Services

Ms A Stuyt Director Development and Community

Mr A Graffen Director Infrastructure

Mr D Kennedy Manager of Governance

Ms L Levi Senior Administration and Governance Officer (Minute Taker)

Mr S Penn Media and Promotions Officer

Public Gallery: Allison L Tullipan (Sally) Member of Public

Katrina Keeley Goolarabooloo Millibinyarri Indigenous Corporation

Dennis Ryan BFA

Jakeb Waddell Seven West Media

Jeremy Macmath Shire of Broome

Michelle Teoh Dinosaur Coast Management Group

2. Declarations Of Financial Interest / Impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest
Cr H Tracey	9.3.1	Update on Regional Recovery Park Project	Financial - I am a Joint Venture Partner with Yawuru

PROXIMITY INTEREST
Councillor	Item No	Item	Nature of Interest
Cr P Matsumoto	9.2.1	Mixed Use Development and Office – Lot 21 Robinson Street	Owner of property Robinson Street.

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr P Matsumoto	9.2.3	Proposed Scheme Amendment to Local Planning Scheme No.6 – Lot 3 Hopton Street, Lots 4 and 5 Robinson Street	Owner of Property on Robinson Street.
Cr P Matsumoto	9.3.1	Update on Regional Resource Recovery Park Project	Director of Prescribed Bodies Corporate.

3. Public Question Time

There were no public questions.

4. Applications for Leave of Absence

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr D Male

That Cr E Foy be granted a Leave of Absence from Council duties, for 27 June 2019 and 28 June 2019 inclusive of the June Ordinary Meeting of Council, held 27 June 2019.

CARRIED UNANIMOUSLY 7/0

5. Confirmation Of Minutes

Council Resolution:

Moved: Cr C Marriott Seconded: Cr D Male

That the Minutes of the Ordinary Meeting of Council held on 4 June 2019, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

6. Announcements By President Without Discussion

The Shire President paid tribute to the late Dave Dureau naming him as one of Broome’s great citizens and advocates.

The Shire President said “In his more than 80 years, Dave was characterised by his love of Broome, its people and its environment.

‘As a young man he travelled thoughout Australia and New Zealand, before his father Keith Dureau summoned him to Broome to work as a pearl diver.

‘Keith Dureau is recognised as one of the founding fathers of Broome’s cultured pearling industry, and his bronze likeness stands proudly in Chinatown to this day.

‘Since those days Dave created a legacy of his own, as he roamed the most remote corners of the Kimberley, studying its environment and collecting plant specimens, and wearing his trademark red socks.

‘Dave was quoted in the publication ‘Uniquely Broome’ explaining why he wore red socks. And I quote:

“The ‘establishment’ in Broome always wore white socks. To me white socks were associated with pearls, sitting on verandahs and having cups of tea. I was a worker and white socks were not my cup of tea. I wanted to make a statement. These socks are red to go with the red pindan and the fact that I am an outside worker. A bit overt I know, and not very subtle."

‘Dave served a term as a Broome Shire Councillor from 1977 to 1980, before in more recent years proving to be a thorn in the side of many of the Broome Shire Councillors who followed him – and I say that with the utmost respect, and we thank him for keeping us accountable on many occasions.

‘To put politics aside, many will remember those unforgettable images of Dave standing, and falling, in protest at James Price Point as police and bulldozers moved in. And while poor health took away his mobility in his final years, it wasn’t able to dim his spirit.

‘Dave is survived by his wife, Elsta Foy, who is a long-time Broome Shire Councillor whose passion for Broome and its people is a match for Dave’s, and by their children and grandchildren. And on behalf of the Shire of Broome and Councillors, I extend our condolences to them”.

Dave Dureau funeral will be held Friday, 5 July 2019.

7. Petitions / DEPUTATIONS

There were no petitions or deputations.

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 C Mitchell Seconded: Cr B Rudeforth

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:

9.3.1 UPDATE ON REGIONAL RESOURCE RECOVERY PARK PROJECT

Item 9.3.1 and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

9.4.6 RFQ19-35 Supply and Delivery of Three Light Crew Cab Trucks

Item 9.4.6 and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

CARRIED UNANIMOUSLY 7/0

Council Resolution:

Moved: Cr C Marriott Seconded: Cr D Male

That Item 9.3.1 be moved in order of business to proceed item 9.4.6.

CARRIED UNANIMOUSLY 7/0

Reason: Shire President has declared an Financial Interest in Item 9.3.1.

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

With regard to Item 9.2.1 Cr P Matsumoto declared a proximity interest – “Owner of property on Robinson Street” pursuant to section 5.60B of the Local Government Act 1995 and left the meeting at 5:11pm.

9.2.1 MIXED USE DEVELOPMENT, DWELLING AND OFFICE - LOT 21 ROBINSON STREET, BROOME

LOCATION/ADDRESS: Lot 21 Robinson Street (future Lot 41 Robinson Street)

APPLICANT: Broome Builders

FILE: ROB-2/51

AUTHOR: Planning Officer

CONTRIBUTOR/S: Manager Planning and Building Services

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 July 2019

SUMMARY: The Shire has received an application for Development Approval for the construction of a Mixed Use development of a dwelling and office on Lot 21 (No. 51) Robinson Street, Broome.

The application has been assessed against the Shire’s Local Planning Scheme No 6 and the Old Broome Development Strategy. The application is being referred to Council for determination as it proposes variations to the Old Broome Development Strategy.

This report recommends that the application be approved, subject to conditions.

BACKGROUND

Previous Considerations

Nil.

Site and Surrounds

Lot 21 Robinson Street is a 610m² property, which is zoned ‘Mixed Use’ under Local Planning Scheme No 6 (LPS6) and bound by Robinson Street to the west and Hamersley Street to the east. This site is currently vacant and has some existing established trees on the west and eastern property boundaries. There is an existing single dwelling on the adjoining block at 53 Robinson Street and the property to the south, 49A Robinson Street, is vacant (see Attachment 1).

The site has an approved subdivision application which will result in the adjacent property, 49B Robinson Street being spilt in half and amalgamated with Lot 21 Robinson Street with the other half being amalgamated with 49A Robinson Street. The Shire of Broome has issued clearance for this subdivision and it is awaiting the issue of a new Certificate of Title from Landgate. The new site, which will become Lot 41 Robinson Street (herein referred to as the subject site), will have a total site area of 915m² and is zoned Mixed Use. A copy of the subdivision plan that shows the new lot configuration is included in Attachment 2. The development has been designed over the entirety of the future Lot 41 Robinson Street.

Proposed Development

As shown in the attached site plan and elevations (Attachment 3), the applicant is proposing to construct a Mixed Use development comprising of a commercial component (Office), fronting Robinson Street, a residential component (two-storey dwelling) and a potential future short stay accommodation development in the form of a Bed and Breakfast, both addressing Hamersley Street.

COMMENT

Local Planning Scheme No 6

As detailed above the subject site is zoned Mixed Use under LPS6. The land use proposed as part of this development is ‘Single Dwelling’ and ‘Office’, both of which are ‘D’ land uses, which means that the use is not permitted unless the local government has exercised its discretion through issuing development approval. The applicant has also outlined that in the future, the building has been designed so that it could operate as a Bed and Breakfast, although approval is not sought for this land use at this point. A Bed and Breakfast land use activity is also a ‘D’ land use, under LPS6.

Clause 3.34.3 (b) of LPS 6 details that new residential development on land zoned Mixed Use is not permitted unless it is located above or behind an existing or new commercial development. Given the development proposes an office fronting Robinson Street, this clause of LPS6 has been met.

The application has been assessed against Schedule 8 of LPS6 (which establishes the development standards) and against the general site requirements for the R40 density contained within State Planning Policy 7.3 – Residential Design Codes, and as per Clause 3.34 of LPS6. The proposed development satisfies the prescribed site requirements applicable to land coded R40 and the Mixed Use zone.

Old Broome Development Strategy

Under the Local Planning Strategy, the subject site is identified as being within Precinct 2 (Old Broome) and recommends that a development strategy is prepared to guide development in the precinct. The Old Broome Development Strategy (OBDS) was prepared to provide this guidance and is to be considered in the assessment of an application within the area.

Under the OBDS, the site falls within ‘Area D’, being for ‘Mixed-Use - Tourism/Residential’ development. Further to this, the Hamersley Street frontage is identified as a Priority Active Frontage (PAF) and allows for a nil setback. The OBDS establishes preferred land uses in the different areas and the development proposes a variation to the Strategy on two fronts:

· A single dwelling is not identified as a preferred land use activity on a priority active frontage and given that the single dwelling is proposed to front Hamersley Street (the PAF), it is inconsistent with this section of the Strategy;

· Office is identified as a ‘not preferred’ activity in Area D – Mixed Use Tourist/Residential.

Noting the above inconsistencies, it is considered in this case that the application can be supported for the following reasons:

· The intent of the OBDS to identify the Hamersley Street frontage as a PAF is to create a vibrant and active frontage that connects Town Beach through to the commercial precinct in Chinatown. Activation at street level is typically achieved through commercial land uses, as opposed to residential land uses. In this case, the development has been designed to engage with and activate Hamersley Street. This is achieved through the buildings design which includes provision of outdoor living areas on the Hamersley Street frontage at ground level and also inclusion of a balcony on the first floor. The front fencing along Hamersley Street is low (1.2m in height), which will act to encourage activation and the dwelling has been designed to have a clearly identifiable front entrance and pedestrian access from the Hamersley Street frontage. While the land use activity is not a commercial activity, the design of the building will result in activation of Hamersley Street and will contribute to a positive streetscape.

· The intent of the OBDS discouraging an office land use in the Area D – Mixed Use Tourist/Residential would be to create a precinct where the predominant commercial activities are tourist related commercial uses such as restaurants and shops. In this case it is considered that the office component of the development is appropriate as it will not be a dominant feature on the streetscape (it is a single storey structure with a floor area of approximately 58.8m²) and the predominant activity on the property will be residential with future capacity for a Bed and Breakfast/Holiday Home type land use activities.

Given the above, it is considered that the objectives of the OBDS are being achieved through this development and that the application should be supported with the variations proposed.

Car Parking Provision

With regard to parking provision, consideration of the following is required:

· Number of parking bays for residential and commercial components; and

· Location of parking bays.

As per State Planning Policy 7.3 – Residential Design Codes (R-Codes), a single dwelling requires a minimum of two parking bays. The application proposes two car bays, to be provided in tandem, satisfying this requirement.

As per LPS6, the minimum number of car parking bays to be provided for an Office use is 1 bay per 30m² of gross leasable area. As the gross floor area of the proposed Office is 58.8m², two bays are required to be provided. The application has proposed two bays as required, with one bay proposed to be an ACROD bay with a shared zoned as per AS 2890.0, to be located within the Robinson Street verge. This is considered acceptable and is consistent with Local Planning Policy 5.6 – Parking (LPP 5.6). A condition of approval is recommended to be incorporated relating to the maintenance of the parking area in accordance with LPP 5.6.

Summary

The proposed development meets with the provisions of LPS6, is deemed compatible with the developments setting and the objectives of the Mixed Use zone. While the development is proposing some variations to the provisions of the OBDS, it is considered that the development satisfies the objectives of the Strategy and will result in a positive contribution to the streetscape and area generally. It is therefore recommended that the application is approved.

CONSULTATION

In accordance with Local Planning Policy 5.14 – Public Consultation, as the land uses proposed are both ‘D’ land uses, the policy sets out that Level A – No Consultation is required.

STATUTORY ENVIRONMENT

Planning and Development (Local Planning Schemes) Regulations 2015

68. (2) The local government may determine an application for development approval by —

(a) granting development approval without conditions; or

(b) granting development approval with conditions; or

(c) refusing to grant development approval.

Local Planning Scheme No.6

Old Broome Development Strategy (2015)

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC IMPLICATIONS

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

A built environment that reflects tropical climate design principles and

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(REVISED Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council approves the application for development approval 2019/45 for a Single Dwelling and Office at Lot 21 (Future Lot 41) Robinson Street, Broome subject to the following conditions:

1. The development plans, as date marked and stamped ‘Approved’, together with any requirements and annotations detailed thereon by the Shire of Broome, are the plans approved as part of this application and shall form part of the development approval issued, except where amended by other condition of this approval.

2. Prior to the occupation of the development, all vehicle crossovers must be designed and constructed (sealed, brick paving, bitumen, concrete) to the Shire's standard cross-over specification.

3. Lot 21 Robinson Street and portion of Lot 2 Robinson Street must be amalgamated into a single lot on a Certificate of Title. Amalgamation must occur prior to the commencement of site works for the development.

4. A stormwater drainage system is to be provided that drains stormwater to an existing system or Shire roadway/drain. The stormwater drainage system is to be installed prior to the occupation of the development, to the satisfaction of the Shire and therein maintained by the owner. No stormwater is to be discharged onto other private property.

5. Prior to the occupation of the development, areas set aside for parked vehicles and access lanes, as shown on the approved plans, must be:

a) Finished to a sealed standard (either asphalt, two-coat bitumen seal or concrete), drained and kerbed in accordance with the approved plan.

b) Fully drained in accordance with the Shire of Broome's guidelines and specifications.

c) Line marked and signed in accordance with AS 2890 (off street parking) and disabled bays to be in accordance with AS/NZS2890.6:2009.

d) Maintained by the owner and kept available for these purposes.

6. A deed of agreement is to be prepared and executed at the owners cost between the owner and the Shire prior to the commencement of site works, under which the owner agrees and acknowledge the following:

a. The owner agrees to maintain the car parking, landscaping and any construction within the road verge; and

b. The owner agrees to indemnify the Shire over any claim arising from the improvements in the road verge and agrees to take out and maintain public liability insurance for a minimum amount of $10 million for any one claim;

The deed of agreement is to permit the Shire to lodge a caveat against the Certificate of Title to the land to secure the performance of the obligations of the Deed.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Location Plan
2.	Subdivision Plan
3.	Site Plan and Elevations

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

Cr P Matsumoto returned to the meeting at 5:13pm.

9.2.2 APPLICATION FOR TRADING LICENCE - USE OF CARPARK ANCILLARY TO BROOME VISITOR CENTRE KIOSK - KIMBERLEY COFFEE COMPANY

LOCATION/ADDRESS: Broome Visitor Centre - 1 Hamersley Street, Broome, WA, 6725

APPLICANT: Kimberley Coffee Company

FILE: HEA001

AUTHOR: Environmental Health Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 November 2019

SUMMARY: The Shire has received an application from Kimberley Coffee Company to trade in a public place in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2016. The applicant has entered into a service agreement to operate the kiosk located at Broome Visitors Centre and has proposed an in-car delivery service ancillary to the kiosk functions within the Shire owned carpark. As the activity is occurring on public land a trading licence is required as per the local law.

BACKGROUND

Kimberley Coffee Company (KCC) has applied to the Shire of Broome to trade in a public place, within the Shire owned carpark of the Broome Visitors Centre located at 1 Hamersley Street, Broome. The application was received on 20 May 2019.

KCC has entered into a service agreement with Broome Visitors Centre, to operate the existing kiosk on the premises. The applicant is requesting to use the adjacent public carpark, which is on Reserve 38458 managed by the Shire of Broome, for a delivery service of coffee and beverages to vehicles.

The applicant is seeking to provide the kiosk-to- vehicle service 7 days a week between the hours of 5:30AM to 9:30AM.

A copy of the business operation plan has been provided by KCC as part of the application which incorporates the identification of risks and mitigation as to the business’s risk management plan as well as traffic management plan which has also been submitted identifying operational management of traffic flow and hazards (see Attachment 1).

A certificate of currency has also been provided demonstrating public liability insurance to the amount of $20 million to be renewed prior to 30 June 2020.

COMMENT

Initial assessment of the trading application offering ‘In-car delivery service’ has been determined to be similar enough (where customer is not required to leave the vehicle) to create direct competition with existing businesses located within 300 metres of the proposed location – ‘Good Cartel’ and ‘McDonalds Family Restaurant’ (see Attachment 2).

Clause 3 of the Trading in Public Places Policy states that a trading licence will be issued pending criteria has been met including that the proposed activity does not occur within 300 metres of a permanent business that it would be directly competing with unless:

(a) the trading activity does not occur during the ordinary opening hours of the permanent business; or

(b) the owners of the permanent business have provided their support in writing for the proposed trading activity; or

(c) Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business;

The Applicant was requested, but declined to obtain written support from the owners of the permanent businesses within the prescribed distance as required by the policy but declined. KCC provided comment for Council consideration in regards to the nearby competitors (See Attachment 3).

The Applicant has stated that the two nearby businesses who provide a food and beverage with a in-vehicle delivery service offer a wide selection of food made to order, where coffee is a minor part of their menu and sold as an adjunct to their main products being food items. It is countered that ‘Good Cartel’ and ‘McDonalds Family Restaurant’ are both heavily focused on counter and table service with ample seating for diners, rather than being primarily takeaway outlets.

KCC states it is focused on selling only coffee to customers and claims to make a minimal impact on the existing businesses, where coffee is only a minor additional menu.

Detail has been provided by the applicant within Attachment 3 stating that the location of the nearby competitors far exceeds the 300-metre proximity radius and therefore written support should not be required for approval. Diagrams provided by the applicant provide route information from Google Maps identifying that path of travel by road indicate a distance of 550-650 metres from Good Cartel to the Broome Visitors and 500-600 metres from McDonalds to the Broome Visitors Centre.

When determining the distance between proposed trading activities and permanent businesses, it is Shire procedure to apply a 300 metres radius using ‘Intramaps’ a geographic information system (GIS) used by the organisation. Distances are measured between the closest points of both lots. Attachment 2 confirms the location to be within proximity, however to provide further confirmation a path of travel indication using the GIS software identifies that both businesses are within 300 metres where path of travel is applied (See Attachment 4).

As the applicant has not supplied letters of support from permanent businesses they would be directly competing with, the Shire has sought comment as part of the assessment, details of which are outlined under the heading ’consultation’ below. The Shire received objections from the two directly competing businesses with the prescribed 300 metre radius. Clause 3 of the Trading Policy outlines the criteria for the issue of a trading licence which includes that owners of the permanent businesses must provide their support, which has not been satisfied in this case. However, the Policy also does give direction allowing for Council to decide that the proposed trading activity should be approved notwithstanding its proximity to the permanent business’ if it considers there is sufficient merit in the proposed trading activity to justify its approval.

In this case, consideration has been given to the objectives of the Policy which include:

· To maintain amenity, usability and public safety in public places.

· Promote fairness and certainty to traders, permanent businesses and the community in relation to trading in public places.

· Promote vibrancy of public places and economic development in the Shire of Broome.

The proposed trading activity will be in direct competition during the same trading hours as permanent businesses in proximity to the site. The taking of money and supply of beverages will occur in a public car park on a Shire reserve. Furthermore, given that the activity is unlikely to deliver public activation outcome (i.e. customers will be remaining in their cars while waiting for service, as opposed to other trading activities that can activate unutilised spaces) it is recommended in this case the trading permit is refused.

CONSULTATION

Although written support from the existing permanent businesses had not been provided upon application, as per Clause 8 of the Trading in Public Places Policy, the Shire of Broome sought comment by email to the proprietors on 10 June 2019.

The application was forwarded to existing businesses within 300m of the site that the trading activity was directly competing with. The Shire of Broome sought comment from the proprietors requesting advice of either the support, or objection to the application providing reason for Council consideration.

Business owners were given until Monday 17 June 2019 to provide response.

Both proprietors of ‘Good Cartel’ and ‘McDonalds Family Restaurant’ have made an objection to the proposed trading activity (See Attachment 5).

In summary, the reasons for objection included:

· The proposed trading activity would be in direct competition with their existing established businesses.

· Their businesses are on commercial freehold land, as opposed to a public car park.

· While the trading activity is the sale of coffee only, this is a large percentage of the taking of the permanent businesses during the operating hours proposed.

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.

Trading in Public Places Policy 3.3.6

3. A trading licence will be issued for a trading activity where the following criteria

are met:

3.1 the proposed trading activity does not occur within 300 metres of a

permanent business that it would be directly competing with, unless:

(a) the trading activity does not occur during the ordinary opening hours of the permanent business; or

(b) the owners of the permanent business have provided their support in writing for the proposed trading activity; or

(c) the activity occurs in a node identified in Schedule 5 of this Policy; or

(d) Council decides that the proposed trading activity should be approved notwithstanding its proximity to the permanent business;

3.2 the location of the proposed trading area is suitable for the trading activity

that is the subject of the application;

3.3 the trading will not have an unreasonable impact on other traders, permanent businesses, traffic flow, pedestrians or the public’s use of a public place;

3.4 the trading activity will not generate noise or disturbance that is likely to cause a nuisance to any person in the vicinity of the trader;

3.5 the trading activity is consistent with the zoning of the land in the Shire’s Local Planning Scheme, any existing use of the land and any management order for the land comprising the public place;

3.6 a Risk Management Plan has been completed for the proposed trading activity to the Shire’s satisfaction;

3.7 an Occupational Safety & Health Plan has been prepared for the proposed trading activity to the Shire’s satisfaction;

3.8 a business/operational plan has been prepared for the proposed trading activity to the Shire’s satisfaction, outlining how the proposed trading activity will be undertaken; and

3.9 the trader has other statutory approvals and accreditations applicable to the operation of the commercial activity, if required.

8. Council may seek to engage with the community and seek public comment in relation to an application for a Trading Licence if Council considers that it is desirable to do so in the circumstances. Any submissions received by Council during the public comment period may be taken into account by Council in deciding whether to grant the trading licence applied for.

POLICY IMPLICATIONS

The 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 KCC.

Clause 3 of the Shire’s Trading Policy contains additional criteria which must be met for a trading licence to be issued. Through the applicant’s business operation plan, risk management and traffic management plan, the applicant is considered to have met these criteria.

As detailed above, the proposal does not satisfy to criteria established under clause 3 for officer to be in a position to approve. The application is therefore referred to Council for determination.

FINANCIAL IMPLICATIONS

Nil.

RISK

Risks associated with the business would be managed by the applicant. The applicant has developed a Risk Management Plan and has identified the risks within the business operation plan with actions to mitigate associated risks.

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

The Applicant has provided a certificate of currency demonstrating public liability insurance to the amount of $20 million to be renewed prior to 30 June 2020.

There is a risk that if the Shire refuses 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 does not comply with the Clause 3 Trading, Outdoor Dining and Street Entertainment Local Law 2016 and is consistent with the Trading Policy, is considered Moderate.

STRATEGIC IMPLICATIONS

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

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

A preserved, historical and cultural heritage of Broome

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

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That Council refuses the application in accordance with 2.3.1(a) of the Trading, Outdoor Dining and Street Entertainment Local Law 2016, for the following reasons:

1. The trading application is inconsistent with the objective of the Shire’s Policy 3.3.6 – Trading in Public Places as the proposed trading activity will occur within 300 metres of permanent businesses that it would be directly competing with.

2. The existing permanent businesses have provided reasonable merit as to why a trading licence should not be issued in this case.

3. The trading permit is inconsistent with the objective of the Shire’s Policy 3.3.6 – Trading in Public Places as the trading activity does not promote fairness to permanent businesses.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Business Operation Plan and Risk Management
2.	300 metre radius of proposed trading activity
3.	Comment on competing business
4.	Business within 300 metre path of travel
5.	Response from Existing Permanent Business'

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

With Regards 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 – “Owner of property on Robinson Street”.

9.2.3 PROPOSED SCHEME AMENDMENT TO LOCAL PLANNING SCHEME NO. 6 - LOT 3 HOPTON STREET, LOTS 4 AND 5 ROBINSON STREET

LOCATION/ADDRESS: Lot 3 Hopton Street and Lots 4 and 5 Robinson Street

APPLICANT: West Coast Plan

FILE: LPS6/10

AUTHOR: Planning Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 June 2019

SUMMARY: An application has been received to amend Local Planning Scheme No.6 (LPS6) to change the zoning of Lot 3 (No. 3) Hopton Street and Lot 4 (No. 84) and Lot 5 (No.86) Robinson Street, Broome from Residential zone with a residential density coding of R10 to Mixed Use zone. The proposed amendment to zoning is to allow for the facilitation of a mixed use residential and commercial development on the subject properties.

The amendment proposal is consistent with the Strategic Planning Framework, notably the Local Planning Strategy and the Old Broome Development Strategy.

This report recommends that Council resolve to initiate the scheme amendment for the purpose of public advertising. It further recommends that the amendment be classified as a ‘standard amendment’ under the Planning and Development (Local Planning Scheme) Regulations 2015 for the reasons set out in this report.

BACKGROUND

Previous Considerations

Nil.

Site and Surrounds

The proposed amendment seeks to rezone three lots (Lot 3 Hopton St and Lots 4 & 5 Robinson Street) from Residential R10, to Mixed Use. Lot 3 (No.3) Hopton Street and Lots 4 & 5 Robinson Street, are situated in the Old Broome precinct and are currently zoned ‘Residential R10’. A full copy of the Scheme Amendment Report is included in Attachment 1.

Each of the three lots currently have single storey dwellings on block sizes 844sqm, 764sqm and 803sqm respectively. The subject lots are bound by Hopton and Robinson Streets, with the Robinson Street lots fronting onto the Town Beach reserve. All three lots are defined under the Old Broome Development Strategy (OBDS) as Area D, outlining the lots are envisioned to be for ‘Mixed Use Tourist Residential’ purposes. A location plan is included in Attachment 2.

Description of the Proposal

The amendment seeks to rezone three Residential R10 lots to Mixed Use zone. It is also proposed to amend the existing Scheme Maps through the removal of the R10 designation, therefore the application residential density coding for the totality of the scheme amendment will be R40.

COMMENT

An assessment has been undertaken to determine the suitability of the rezoning, in the context of the broader local planning framework. This is set out under the headings below.

Shire of Broome Local Planning Strategy

The Local Planning Strategy was endorsed in August 2014 and provides for the long-term use, development and conservation of land within the Shire of Broome through zones, reserves and other designations depicted on the Local Planning Strategy Maps.

Some of the zones, reservations and other designations in the Local Planning Strategy are already reflected in current LPS6. However, where there is an inconsistency between the Local Planning Strategy and the Local Planning Scheme, a scheme amendment is required.

In this instance, the lots that are the subject of this proposed amendment are identified as Mixed Use within the Local Planning Strategy, and as such, a scheme amendment is required to rezone Lot 3 Hopton Street and Lots 4 and 5 Robinson Street from Residential R10 to Mixed Use.

The Local Planning Strategy outlines that the predominant land uses associated with the Mixed Use zoning are to include offices, medium density residential (R40) and tourist accommodation. However, it also notes that in certain locations a lower density of R10 is considered appropriate to preserve the historic character of the area. This provision is not considered to be applicable to the subject land as while the land is zoned Residential R10, it is not located within the Special Character Area under the OBDS.

The Local Planning Strategy outlines that any future rezoning from ‘Residential’ to ‘Mixed Use’ is to be consistent with the Shire’s Local Commercial Strategy, noting that additional information is required to support rezoning, including a commercial needs analysis.

In October 2017 Council adopted the Local Commercial Strategy. This is an informing document for the future Local Planning Strategy and outlines that the current planning framework provides adequate zoned land to accommodate the growth in retail and commercial floorspace demand, excluding supermarket floorspace. Given that the current planning framework makes provision for the proposed rezoning of the lots from Residential to Mixed Use, it is considered that the rezoning satisfies the requirements for the rezoning to be consistent with the Local Commercial Strategy.

A commercial floor space analysis was undertaken to inform the OBDS adopted by Council in 2014. This sets out the planning direction for Old Broome and identifies that Scheme Amendments within Area D to up-code existing ‘Residential’ zoned land to a maximum density of R40 if it can be demonstrated that such a rezoning will not adversely affect the existing character of the area. The impact upon the surrounding character is explored in more detail under the provisions of LPS6.

Local Planning Scheme No.6

The subject lots are currently zoned Residential R10. The proposed scheme amendment would rezone the lots to Mixed Use, removing the current residential density coding as part of the process. The rezoning of such would require any future development to comply with Clause 3.34 – Development within the Mixed Use zone of LPS6. The rezoning of such sites would seek to increase the development potential of the lots, which may have adverse impacts upon the adjoining properties, though given the long-term intent of the area, and the desired Mixed Use zoning, and as outlined in the Strategy and OBDS, it is considered that any such impacts would likely be minimal.

Scheme Amendment No.7 (Omnibus Amendment) increased discretion over land use permissibility within the Mixed Use zone. The intention was to provide increased flexibility to applicants in terms of permissible land uses and provide the Shire with discretion over the uses that may be acceptable, having regard to the OBDS.

Old Broome Development Strategy

The OBDS, adopted by Council in October 2014, outlines the medium – long term planning directions for Old Broome over the next 10 – 15 years, a similar timeframe to that contemplated in the Local Planning Strategy.

The OBDS sets out the following vision statement for Old Broome:

Old Broome will be a vibrant, accessible and equitable mixed use precinct meeting the needs of residents and visitors through development that is respectful of the rich cultural heritage and natural environment.

The subject lots are located within Area D - Mixed Use Tourist / Residential in the OBDS, which sets out a number of actions, including to “support Scheme Amendments within Area D to up-code existing ‘Residential’ zoned land to a maximum density of R40 if it can be demonstrated that such a rezoning will not adversely affect the existing character of the area.

As identified in the assessment of the LPS6, the land itself is not included within the Old Broome Special Character Area, and rezoning residential zoned lots is a logical evolution of the existing Mixed Use zone, identified under the Local Planning Strategy. Future land uses and design responses within the subject land can be adequately addressed through a planning application, having regard to the provisions of LPS6 and the OBDS.

Classification of Scheme Amendment under the Planning and Development (Local Planning Scheme) Regulations 2015

In August 2015 the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) came into force. The Regulations changed the process to amend local planning schemes by introducing 3 ‘tracks’ of amendments. Amendments must now be classified by the local government as one of the tracks – ‘basic’, ‘standard’, or ‘complex’. The assessment process and timeframe varies according to what classification is selected.

A ‘basic’ amendment is generally intended to correct an administrative error in the scheme or to amend the scheme in a way that is consistent with another piece of legislation, which is not applicable to this proposal. In accordance with Regulation 34, the key difference between a ‘standard’ and a ‘complex’ amendment is based on the criteria outlined below. An amendment that is consistent with the criteria is a standard amendment.

· Is the proposal consistent with a Local Planning Strategy?

The Local Planning Strategy identifies the land subject to this amendment as Mixed Use zone. The site is not located within the Old Broome Special Character Area and the proposed rezoning of Residential R10 to Mixed Use is considered timely and will help to support the realisation of the long-term objectives for the area.

· Does the proposal have minimal impact on land in the scheme area that is not the subject of the amendment?

The rezoning of the Lot 3 Hopton Street and Lots 4 & 5 Robinson Street from Residential R10 to Mixed Use zone would require future development to comply with clause 3.34 of LPS6, which sets out the design requirements for the Mixed Use zone. The rezoning would increase the development potential of the site and potential impacts would be considered when a future development application is submitted for the site.

· Whether the amendment does not result in any significant environmental, social, economic or governance impacts on land in the scheme area?

The rezoning is consistent with the long-term vision of the Local Planning Strategy and OBDS. The provisions of the Local Planning Strategy would ensure that control would be exercised in terms of the nature of future mixed use development, ensuring that layout and design minimises the potential conflict with nearby uses within the locality. The opportunity to promote mixed use development within Old Broome will reduce the pressures associated with urban sprawl and create the desired diversity as outlined in the OBDS.

Conclusion

The amendment is consistent with the strategic planning framework. Therefore, it is recommended that Council adopt the amendment. If Council resolves to adopt the amendment it will then be forwarded to the Environmental Protection Authority and advertised for public comment as per the Regulations. The amendment and any submissions received will be tabled for consideration at a future Ordinary Meeting of Council.

CONSULTATION

As required under the Regulations, should Council adopt the proposed standard amendment for advertising purposes, public advertising will be undertaken for a period of 42 days. Public advertising will consist of:

· Publication of a public notice in a newspaper circulating in the scheme area;

· Display of a copy of the notice in the Shire administration office and on the Shire website;

· Display of a copy of the Scheme Amendment documentation for public inspection;

· Providing written notice in the form of a letter to all land owners within a radius of at least 100m of the application site; and

· Providing the notice to any public authority the Shire considers will be affected by the amendment.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

75. Amending scheme

A local government may amend a local planning scheme with reference to any land

within its district, or with reference to land within its district and other land within any adjacent district, by an amendment —

(a) prepared by the local government, approved by the Minister and published in

the Gazette; or

(b) proposed by all or any of the owners of any land in the scheme area, adopted,

with or without modifications, by the local government, approved by the

Minister and published in the Gazette.

81. Proposed scheme or amendment to be referred to EPA

When a local government resolves to prepare or adopt a local planning scheme, or an

amendment to a local planning scheme, the local government is to forthwith refer the

proposed local planning scheme or amendment to the EPA by giving to the EPA —

(a) written notice of that resolution; and

(b) such written information about the local planning scheme or amendment as is

sufficient to enable the EPA to comply with section 48A of the EP Act in relation

to the local planning scheme or amendment.

Planning and Development (Local Planning Schemes) Regulations 2015

34. Terms used

standard amendment means any of the following amendments to a local planning scheme —

(a) an amendment relating to a zone or reserve that is consistent with the objectives identified in the scheme for that zone or reserve;

(b) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(c) an amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a basic amendment;

(d) an amendment to the scheme map that is consistent with a structure plan, activity centre plan or local development plan that has been approved under the scheme for the land to which the amendment relates if the scheme does not currently include zones of all the types that are outlined in the plan;

(e) an amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment;

(f) an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area;

(g) any other amendment that is not a complex or basic amendment.

35. Resolution to prepare or adopt amendment to local planning scheme

(1) A resolution of a local government to prepare or adopt an amendment to a local

planning scheme must be in a form approved by the Commission.

Note: Section 75 of the Act provides for a local government to amend a local

planning scheme or adopt an amendment to a local planning scheme proposed by

all or any of the owners of land in the scheme area.

(2) A resolution must —

(a) specify whether, in the opinion of the local government, the amendment is a

complex amendment, a standard amendment or a basic amendment; and

(b) include an explanation of the reason for the local government forming that

opinion.

(3) An amendment to a local planning scheme must be accompanied by all

documents necessary to convey the intent and reasons for the amendment

47. Advertisement of standard amendment

(1) Subject to sections 81 and 82 of the Act, if a local government resolves under regulation 35(1) to prepare a standard amendment to a local planning scheme or to adopt a standard amendment to a local planning scheme proposed by the owner of land in the scheme area, the local government must, as soon as is reasonably practicable, prepare a notice in a form approved by the Commission giving details of —

(a) the purpose of the amendment; and

(b) where the amendment may be inspected; and

(c) to whom and during what period submissions in respect of the amendment may be made.

(2) On completion of the preparation of the notice, the local government must advertise the standard amendment to a local planning scheme as follows —

(a) publish the notice in a newspaper circulating in the scheme area;

(b) display a copy of the notice in the offices of the local government for the period for making submissions set out in the notice;

(c) give a copy of the notice to each public authority that the local government considers is likely to be affected by the amendment;

(d) publish a copy of the notice and the amendment on the website of the local government;

(e) advertise the scheme as directed by the Commission and in any other way the local government considers appropriate.

(3) The local government must ensure that the standard amendment to the local planning scheme is made available for inspection by the public during office hours at the office of the local government.

(4) The period for submissions set out in a notice must be not less than a period of 42 days commencing on the day on which the notice is published in a newspaper circulating in the scheme area.

48. Land owner may be required to pay costs of publication

The local government may require a person to pay the cost of the publication of a notice under regulation 47(2) if —

(a) the notice relates to an amendment to a local planning scheme in respect of land owned by the person; and

(b) the person proposed the amendment to the local planning scheme.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

All costs associated with undertaking the Scheme Amendment, including advertising costs and staff time, will be met by the applicant.

RISK

The amendment proposal will allow for an increased number of uses on the subject site and provide for greater design flexibility, which is considered to present minimal risk to Council.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

A healthy and safe environment

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

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

A built environment that reflects tropical climate design principles and

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

A preserved, historical and cultural heritage of Broome

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Pursuant to section 75 of the Planning and Development Act 2005, amends the Shire of Broome Local Planning Scheme No. 6 for the purposes of public advertising by:

a) Amending the Scheme Maps by rezoning Lot 3 Hopton Street and Lots 4 and 5 Robinson Street from Residential (R10) to Mixed Use.

2. Determines that the amendment is a standard amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

a) It is consistent with the Shire’s Local Planning Strategy;

b) It will have minimal impact on land in the scheme area; and

c) It will not result in any significant environmental, social, economic or governance impacts on the land in the scheme area.

3. Requests that the Chief Executive Officer forward this resolution and the amendment documentation to the Environmental Protection Authority pursuant to section 81 of the Planning and Development Act 2005; and

4. Subject to the advice of the Environmental Protection Authority under section 48A of the Environmental Protection Act 1986 that the amendment is not subject to formal environmental assessment, requests that the Chief Executive Officer advertise the amendment for 42 days as per the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Scheme Amendment Report
2.	Location Plan

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

9.2.4 UPDATE ON WANDRRA AGRN793 RESTORATION WORKS

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ENR05

AUTHOR: Asset Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Infrastructure

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 6 December 2019

SUMMARY: This report seeks to provide Council with an update on the progress made to date regarding the Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) Event AGRN 793 restoration works.

BACKGROUND

Previous Considerations

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

OMC 25 October 2018 Item 12.2

Following approval from the Office of Emergency Management (OEM) at the Ordinary Meeting of Council (OMC) 31 May 2018 Council awarded a contract to Talis Consultants for the project management of the Western Australia Natural Disaster Relief and Recovery Arrangements (WANDRRA) Event Australian Government Reference Number (AGRN) 793 restoration works under RFQ 18/44. Talis Consultants 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 National Disaster Relief and Recovery Arrangements (NDRRA) cost estimate and Essential Public Assets approval form prepared by Talis Consultants for Event AGRN 793 was approved by Main Roads Western Australia (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. At the OMC 25 October 2018 Council approved a budget amendment to allocate an additional $640,595 to income and expense accounts 120306 and 102204 respectively, to accommodate for the revised gravel quantity estimates.

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)

· 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); and

· OMC 26 July 2019: Council resolved to carry out restoration works in-house for priority works to the value of $160,066

COMMENT

This report seeks to inform Council on the progress of the WANDRRA restoration works associated with Event AGRN 793.

Restorations works

The four Phases of WANDRRA Event AGRN 793 reinstatement works have now been completed, with the damaged roads effectively restored to their original condition as per the approved methodology.

The works consisted of the supply of the equipment, plant, operators and labour to undertake the repair works. The Shire has also carried out a package of works using their own labour and plant – Emergency Works Package (EWP). The works were completed under the direction of the Talis Project Manager who managed the execution of the works as specified, generally comprising the following:

· Reform and re-sheeting of unsealed roads;

· Repair of pavement damage on sealed roads;

· Repair, cleaning and restoration of surface drains;

· Repair, cleaning and restoration of drainage structures;

· Reinstatement and restoration of flood ways;

· Repair and reinstatement of washed out verges / shoulders;

· Stabilisation of failed pavements; and

· Traffic management.

The inhouse works along with Phases 1,2 and 3 came in under the approved MRWA budget. However, Phase 4 exceed the approved budget. This was largely due to the Short Street R/B portion stabilisation works experiencing some project delays and site access being limited as a result of being programmed to occur concurrently with the Chinatown revitalisation works on Carnarvon Street.

The works conducted inhouse included grading Port Smith Road, 80 Mile Beach, Crab Creek Road and minor reinstatements to verges within the town site. These works were negotiated to expediate restoration and reimbursement agreed upon through WANDRRA.

A detailed list of the completed works for Council’s review and information is contained in attachment 1.

WANDRRA Claims

As part of the Project Management Contract, Talis Consultants are preparing the Shires WANDRRA reimbursement claims for submission to MRWA for approval and payment. The claims have been separated into similar project phasing to reflect the restoration works. The reimbursement claims compile all relevant invoices, machine/labour dockets, material dockets, proof of remittances, reinstatement methodologies and photos. The claims are reviewed by the MRWA Regional Manager and once approved they are sent to the Perth office for final approval prior to an invoice being issued by the Shire. In the past the claim approval process has taken up to 7 weeks depending on additional information which may be required.

Demco Foreshore and Simpson’s Beach

Following the initial WANDRRA cost estimate prepared by Talis Consultants in July 2018 for Event AGRN 793 the Shire requested Talis Consultants investigate damage at both Demco Foreshore and Simpson’s Beach for eligibility for Event AGRN 793.

Talis have completed a design for the Simpsons Beach restoration works after discussions with the Office of Emergency Management (DFES). The design has been priced, approved by the Shire and is approved for funding by DFES. The design is currently being finalised following feedback received from Nyamba Buru Yawuru (NBY) and the works being re-estimated to inform DFES.

The scope of works for remediation of the Demco Beach drainage outfall has been agreed with DFES. Talis is currently awaiting feedback from the Shire regarding the contamination issues associated with this site before the site survey and ground investigation works can commence. Talis can then prepare a design of the proposed WANDRRA reinstatement works which will be included in an evaluation report to DFES for funding approval.

The reinstatement works are estimated to be completed in quarter 2 of the 2019/20 financial year, allowing adequate time for the preparation and submission of acquittal claims prior to OEM deadline of June 30, 2020.

CONSULTATION

McCorry Brown

Roadline Civil Contractors

Talis Consultants

Office of Emergency Management

Main Roads WA

Nyamba Buru Yawuru

WA Local Government Association

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Purchasing 2.1.2

FINANCIAL IMPLICATIONS

Claims relating to the reconstruction of essential public assets must be lodged within 24 months after the end of the financial year in which the relevant eligible disaster occurred. AGRN 793 related to TC Kelvin and associated heavy rainfall in Broome and West Kimberley between 17 to 19 February 2018 and as such all claims are to be submitted before June 2020.

As WANDRRA funding can only be accessed in arrears, the Shire has met the costs of works prior to reimbursement. The cost incurred to date are detailed in the table below. The anticipated income from AGRN 793 reimbursement claims will be realised in the 2019/20 financial year.

The WANDRRA Small Disaster Criterion (SDC) is applicable to the Shire of Broome for AGRN 793. As such the Shires contribution to these works is capped at $240,000 which is deducted from the total of the reimbursement claims.

WANDRRA Packages	Status	Estimated Contract value (Ex GST)	Invoiced Amount to date (Ex GST)	Estimated Reimbursement/ Income 2019/20
Damage Assessment	Completed	$ -	$ 104,713	$104,713
Project Management & Claim Submissions	Ongoing	$ 450,000	$ 404,545	$404,545
Phase 1	Completed	$ 690,167	$ 399,845	$399,845
Phase 2	Completed	$ 670,897	$ 534,618	$534,618
Phase 3	Completed	$ 1,905,719	$ 1,509,712	$1,509,712
Phase 4	Completed	$ 665,632	$ 803,376	$803,376
Inhouse work	Completed	$ 160,584	$ 139,922	$139,922
Small Disaster Criterion				($240,000)
Total		$ 4,542,999	$ 3,895,731	$3,656,731

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

Effective community engagement

VOTING REQUIREMENTS

Absolute Majority*

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council:

1) Notes that restoration works for Event AGRN 793 Phases 1 – 4 have been completed as detailed in this report and the final Contract values for the following Phases:

a) Phase 1- $399,845 Ex GST;

b) Phase 2 - $534,618 Ex GST;

c) Phase 3 - $1,509,712 Ex GST;

d) Phase 4 - $803,376 Ex GST;

e) Inhouse Work - $139,922 Ex GST.

2) Request’s the Chief Executive Officer to progress works to secure funding approval for the Simpson’s Beach and Demco Foreshore restoration works.

3) Approves a budget amendment to allocate $139,922 from income account 120306 – Natural Disaster Grant be transferred to Reserve account 100009830 Drainage Reserve Bank Mun.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

*Voting requirement was revised prior to the meeting.

Attachments

1.	WANDRRA AGRN 793 - Completed Works

Attachment 4 was revised and circulated to Councillors prior to the meeting. Revised text is highlighted within the attachment.

9.2.5 REVIEW OF THE SHIRE OF BROOME MUNICIPAL INVENTORY AND HERITAGE LIST

LOCATION/ADDRESS: Shire of Broome

APPLICANT: Nil

FILE: PLA10

AUTHOR: Manager Planning and Building Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 June 2019

SUMMARY: The Shire is required under the Heritage of Western Australia Act 1990 to maintain a Municipal Inventory of Heritage Places (Municipal Inventory) and to review the Municipal Inventory every 4 years. The Shire’s Municipal Inventory was last reviewed in 2014 and provision has been made in the 2018-19 budget to undertake a further review. Coinciding with the review the Municipal Inventory is a review of the Heritage List which is adopted under the provisions of Local Planning Scheme No 6 (LPS 6).

A Community Engagement Plan was adopted by Council at the July 2018 Council meeting to guide the engagement that would be undertaken to perform the review. The Shire has also engaged a heritage consultant to perform the technical review of the nominations received.

The review of the nominations received has concluded and the two rounds of public submission periods have now closed. The submissions received and proposed amendments to the Municipal Inventory and Heritage List are now being presented to Council for adoption.

BACKGROUND

Previous Considerations

OMC 15 October 2002 Item 9.2.1

OMC 12 August 2003 Item 9.2.2

OMC 18 December 2012 Item 9.2.1

OMC 14 August 2014 Item 10.4

OMC 27 August 2015 Item 9.2.4

OMC 25 August 2016 Item 9.2.7

OMC 26 July 2018 Item 9.2.4

COMMENT

A Municipal Inventory is a survey of heritage places in a local government area which identifies local heritage assets and provides the base information needed for local heritage. Municipal Inventories are also an informing document for the preparation of a Heritage List adopted under a Local Planning Scheme. In the Shire of Broome’s case, under Clause 8(5) of Schedule A of LPS 6, the Municipal Inventory forms the Heritage List.

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

The clear distinction between the inclusion of a place on the Municipal Inventory and Heritage List are:

· The Municipal Inventory which is adopted under the Act is a survey of heritage places only and does not trigger any statutory processes or the need for obtaining development approval; and

· The Heritage List is adopted under the Local Planning Scheme and any proposal to undertake modifications or building works to a place on this list must have development approval from the Shire.

The Municipal Inventory assigns each place a level of significance which is detailed below:

Grading	Description	Implication
A – Exceptional Significance	Essential to the heritage of the locality. Rare or outstanding example.	Include on the heritage list under the Local Planning Scheme and development approval is required prior to modification. May be worthy of inclusion on the State Register of Heritage Places.
B – Considerable Significance	Very important to the heritage of the locality. High degree of integrity/authenticity.	Include on the heritage list under the Local Planning Scheme and development approval is required prior to modification.
C – Some/Moderate Significance	Contributed to the heritage of the locality. Has some altered or modified element, not necessarily detracting from the overall significance of the item.	No constraints.

Additional Nominated Places – 2014

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

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

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

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

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

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

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

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

2018/19 Review Process

The Community Engagement Plan that was adopted by Council in July 2018 established the process for how the review would be undertaken and how the community would be engaged. The Community Engagement Plan proposed two phases of community engagement:

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

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

The Phase 1 consultation occurred between the 30 August 2018 and concluded on the 28 September 2018. This phase of the consultation requested the community to nominate places for inclusion on the Municipal Inventory or Heritage List or whether amendments were requested to existing listings. Submissions were called through the inclusion of an advertisement notice in the Broome Advertiser, information on the “Have my Say’ section of the Shire’s website and a letter to the Primary Stakeholders identified in the adopted Community Engagement Plan (Broome Historical Society and Native Title Bodies). At the end of this phase of consultation one nomination was received for the inclusion of the Dampier Coast - Broome Sandstone (Dinosaur Footprints).

Following the closure of Phase 1 of community engagement, the nomination received, in addition to the 15 nominations received as part of the 2014 review, were sent through to a heritage specialist (Hocking Heritage and Architecture) who reviewed the nominations and prepared updated place listings and recommendations. Council was briefed on the updated recommendations at the workshop in February 2019 (Councillors Tracey, Male, Marriott and Mitchell were present) and following this Phase 2 of the community engagement commenced.

Phase 2 of the community engagement commenced on 8 April 2019 and concluded on 21 May 2019 and included direct notification to all landowners that were impacted by a proposed listing or modification to an existing listing, direct notification to people/organisations that nominated the places for inclusion and a public notice on the Shire’s ‘Have my Say’ section of the website. The consultation included a document summarising the proposed amendments, which can be viewed in Attachment 1.

At the conclusion of Phase 2 of the community engagement, 64 submissions were received. A summary of the submissions received is included in the Schedule of Submission (Attachment 2) and an analysis of the submissions and recommendations is detailed under the ‘Review of Submissions’ heading below. Full copies of all submissions received is also included in Attachment 3.

Overview of Amendments to the Municipal Inventory

The document titled ‘Municipal Inventory of Heritage Places and Heritage List 2019 – Summary of Proposed Amendments’, as shown in Attachment 1 shows the amendments proposed to both the Municipal Inventory and Heritage List. In summary the amendments proposed would result in:

· 14 new places in the Municipal Inventory;

· Updated details for 4 existing place listings;

· Amendments to the executive summary to update the actions undertaken as part of this review; and

· Administrative adjustments to reflect updated terminology in planning documents (change reference to “Town Planning Scheme” to “the Local Planning Scheme”).

Through the review it was found that two places nominated during the 2014 review did not have enough information worthy of inclusion into the Municipal Inventory. Those places were Bilingurr and Streeter Station, the details of which are included in Attachment 5.

The table below provides an overall summary of the amendments to the Municipal Inventory:

Section	Proposed Grading	Proposed Modification
Executive Summary	N/A	Updated to provide a summary of changes that have been made to the Municipal Inventory in the 2014 Review and the 2018/19 Review.
Place Listings	N/A	Update the place listings to reflect the inclusion of the nominated places.
Gradings	N/A	Update reference from ‘Town Planning Scheme’ to ‘Local Planning Scheme’ in all listings. Under Grading C listing delete ‘if planning application is submitted…’. As these place listings are not on the heritage list, it will not trigger a planning application, therefore recommended to remove to avoid any confusion.
Place 11 – Pearl Workers Dwelling	Existing Listing – Grading B, no change proposed.	Update street address as incorrectly referenced the wrong street number.
Place 22 – Malay Camp	Existing Listing – Grading C, no change proposed.	Current place listing is lacking in detail. Heritage consultant has reviewed, and additional information is proposed to be included in the place listing including: · A plan showing the location; · Updated statement of significance; · More detail in the historical notes.
Place 23 – Japanese Hospital	Existing Listing – Grading C, no change proposed.	Current place listing is lacking in detail. Heritage consultant has reviewed, and additional information is proposed to be included in the place listing including: · Updated statement of significance; · More detail in the historical notes.
Place 57 – Wallal Downs Station	Existing Listing – Grading A, no change proposed.	It is proposed that the following sections of the place listing is updated: · Statement of significance · Address details · Condition The updates are based on information supplied to the Shire from the State Heritage Office.
New Place Listing 60 – Common Gate	B	Insert new place listing.
New Place Listing 61 – Tramline	C	Insert new place listing.
New Place Listing 62 – McDaniels Foreshore Camp and Trees	C	Insert new place listing.
New Place Listing 63 – Commemorative Statue	C	Insert new place listing.
New Place Listing 64 – Broome Tree Nursery	C	Insert new place listing.
New Place Listing 65 – Wavesong Garden	C	Insert new place listing.
New Place Listing 66 – SITE: Pearl Coast Zoo	C	Insert new place listing.
New Place Listing 67 – Cable Beach Crocodile Park	C	Insert new place listing.
New Place Listing 68 – Sisters of St John of God Retreat	C	Insert new place listing.
New Place Listing 69 – Lurujarri Heritage Trail	B	Insert new place listing.
New Place Listing 70 – Kimberley De Grey Stock Route and Wells	B	Insert new place listing.
New Place Listing 71 – Talgarno Military Base (FMR)	C	Insert new place listing.
New Place Listing 72 – WW2 Crash Memorial	B	Insert new place listing.
New Place Listing 73 – Dampier Coast – Broome Sandstone (Dinosaur Footprints)	A	Insert new place listing.

Overview of Amendments to the Heritage List

The places that are graded as level A or B in the Municipal Inventory are the places proposed to be included in the Heritage List. It is therefore proposed that five new places be included on the Heritage List, being:

- Common Gate;

- Ruari Heritage Trail;

- Kimberley De Gray Stock Route;

- World War Two Crash Site; and

- Dampier Coast – Broome Sandstone (Dinosaur Footprints).

Review of Submissions

Attachment 2 provides a summary of the submissions that were received and provides an overview of the officer’s comments and recommendations in relation to each submission. In total there were 64 submissions that were received and as a general summary:

· 4 submissions supported the listing of the Dampier Coast – Broome Dinosaur Footprint with one submitter requesting updates to the place listing;

· 58 submissions supported the listing of the Lurujarri Heritage Trail with one submitter requesting updates to the place listing;

· A submission from the Department of Planning, Lands and Heritage (Lands) as the ‘owner’ of land parcels impacted by the new listings;

· A submission from the Anna Plains pastoralist regarding the proposed listing of the Talgarno Military Base (former);

· A submission on behalf of the Bishop of Broome requesting clarifications to proposed listing of Sisters of St John of God Retreat; and

· A submission from the owner of existing place 11, regarding correction of street address.

No objections were received on any of the proposed additional places or amendments to existing place listings. Following a review of the submissions and the points raised amendments to the place listings for the Dampier Coast – Broome Dinosaur Footprints, Lurujarri Heritage Trail, the Sisters of St John of God Retreat and Place 11 are proposed.

Dampier Coast – Broome Dinosaur Footprints

The submission received from the Dinosaur Coast Management Group requested modification to some of the content of the place listing. The material included in the original place listing was principally sourced from the West Kimberley National Heritage List database, largely sourced in 2011. Given the more recent investigations and findings, updates to the statement of significance, historical notes, photos and reference material were requested. The modifications requested have been reviewed by the heritage specialist and were recommended for inclusion.

It is therefore recommended that Council adopt the amendments requested, as detailed in Attachment 4.

Lurujarri Heritage Trail

The submission received from Goolarabooloo Milinbinyarri Indigenous Corporation (GMIC), the nominators of the Lurujarri Heritage Trail, have requested modifications to correct some spelling, clarify the trail commencement point and clarify the birth place of Paddy Roe. The requested changes have been reviewed by the heritage specialist and were recommended for inclusion.

A request was also made to upgrade the proposed place grading from a Level B (considerable significance) to a Level A (exceptional significance). In 2014, when the site was originally nominated it was recommended that it be adopted as a Level A. Through the current review process, the grading of the place was reviewed, and it was adjusted to be a Level B. GMIC have requested that it be included as a Level A grading given its significance in the historical context of Broome.

It is noted that the Lurujarri Heritage Trail, which first commenced in 1987, is significant in the recent historical context of Broome, this is evident from the submissions received. The trail is a significant teaching tool, has contributed to reconciliation and the trails associations with Paddy Roe are clear and his role in the Broome community is important which is nationally recognised. It is noted that the pre-1987 significance of the trail is connected to Aboriginal tradition or culture. The Heritage Council Draft Guidelines for Local Heritage Surveys (LHS), (LHS will be the new name for Municipal Inventories when the State Heritage Act is proclaimed), details that places of significance to Aboriginal communities may be included in the LHS where their cultural heritage significance is not solely connected with Aboriginal tradition or culture. It is recognised that the Trail does have cultural heritage significance which is not solely connected to Aboriginal tradition. However, the reasons to support it being listed as a level A graded place are largely related to Aboriginal tradition, which is not the role of Municipal Inventory to perform and instead should be considered under the Aboriginal Heritage Act.

Sisters of St John of God Retreat

This site is on Kavite Road and is owned by the Bishop of Broome. The following changes were requested to the place listing:

· Update of the photos to be representative of the site;

· Delete the reference under the Historical Notes section that the retreat continues to be used by the Sisters as a place for relaxation and retreat; and

· Remove reference under ‘associations’ section that Sisters are owner occupiers.

The above changes are recommended for inclusion.

Place 11 – Pearl Workers Dwelling (Former)

Place 11 had the incorrect street address of 22 Frederick Street in the 2014 Municipal Inventory listing. This was identified as an error when the place listings were reviewed. This was updated and sent to the landowner. As part of this consultation, it was identified that the street address for this place listing is 26 Frederick Street. It is therefore recommended that the street address is updated to reflect the correct property address.

Summary

The review of the Municipal Inventory and Heritage List has been completed and the engagement undertaken is consistent with the adopted Community Engagement Plan. It is recommended that Council adopt the Municipal Inventory with the changes recommended following the engagement.

CONSULTATION

The consultation undertaken is consistent with the adopted Community Engagement Plan. The summary of the consultation is detailed under the heading ‘review of submissions’ above.

STATUTORY ENVIRONMENT

Heritage of WA Act 1990

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

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

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

(a) updated annually; and

(b) reviewed every 4 years after compilation.

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

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

Local Planning Scheme No. 6 – Deemed Provisions

8. Heritage list

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

(2) The heritage list —

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

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

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

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

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

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

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

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The 2018-19 budget allocates $14,400 to the Municipal Inventory and Heritage List review. This funding was used to engage a professional heritage consultant to review the proposed new places and any amendments to existing places. There will be no further financial implications.

RISK

Every local government is required under the Act to undertake a review of the Municipal Inventory every four years, and ‘proper public consultation’ is a legislative requirement of this review. Completion of the review will ensure that the Shire’s statutory responsibilities have been satisfied.

STRATEGIC IMPLICATIONS

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

Effective communication

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

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

A preserved, historical and cultural heritage of Broome

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:

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council:

1. Pursuant to section 45 of the Heritage of WA Act 1990 adopt the amendments to the Shire of Broome Municipal Inventory as detailed in Attachment 1 with the updates to the following place listings as detailed in Attachment 4:

(a) Dampier Coast – Broome Sandstone Dinosaur Footprints;

(b) Lurujarri Heritage Trail;

(c) Sisters of St John of God Retreat; and

(d) Pearl Workers Dwelling (Former), Place 11.

2. Pursuant to section 8 of the Deemed Provisions of Local Planning Scheme No 6 adopt the places graded as level A and B on the Shire’s Municipal Inventory as the Heritage List.

3. Provide a copy of the updated Municipal Inventory and Heritage List to the Heritage Council of WA.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Amendments to the Municipal Inventory and Heritage List
2.	Schedule of Submissions
3.	Copy of Submissions Received
4.	Places not recommended for inclusion in Municipal Inventory
5.	Amendments to Place Listings following consultation (Revised 26 June 2019)

Item 9.2.5 - REVIEW OF THE SHIRE OF BROOME MUNICIPAL INVENTORY AND HERITAGE LIST

PDF Creator

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

Attachment 1 was revised and circulated to Councillors prior to the meeting. Revised text is highlighted within the attachment.

9.4.1 ADOPTION OF FEES AND CHARGES AND COUNCILLOR SITTING FEES 2019/2020

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ACC01

AUTHOR: Manager Financial Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 22 May 2019

SUMMARY: Council is requested to consider the adoption of Fees and Charges and Councillor Sitting Fees and Allowances for the 2019/20 financial year.

BACKGROUND

Previous Considerations

OMC 18 April 2019 Item 9.4.2

In accordance with sections 6.16 to 6.19 of the Local Government Act 1995 (the Act), a Local Government may impose a fee or charge for any goods or service it provides. Fees and Charges must be imposed when adopting the annual budget however may also be imposed or amended during the course of the year if necessary.

Councillor Sitting Fees and Allowances are also reviewed annually. The Local Government (Administration) Regulations 1996 prescribe minimum and maximum amounts for Councillor Fees and Allowances.

An extensive review to optimise fees and charges revenue was again conducted in 2018/19. Officers reviewed the rationale for each fee and charge and adopted a focus on improving revenue raised through fees and charges based on full cost recovery through a user pays principle. This was conducted through considerable consultation and engagement with responsible officers accountable for individual fees and charges levied.

In reviewing the fees and charges schedule for 2019/20, officers considered the following:

· the head of power for the fee or charge;

· whether the fee or charge is regulated;

· the estimated costs associated with providing the goods or service and whether the fee should be restricted to cost recovery;

· the importance of the fee or charge to the community;

· the cost of competitive services; and

· whether the fees or charge attracts GST.

There was an increased focus from officers on cost recovery and market pricing and a conscious regard for the current economic climate. Process optimisation of Fee and Charge revenue has occurred in a number of areas, particularly the Broome Recreation and Aquatic Centre (BRAC), Broome Civic Centre, Events and Venue Hire and Waste Management. This optimisation ensures that fees and charges are competitive within the market and are set at a level that will attract rather than deter business.

It should be noted that Venue Hire fees for structured sporting programs for junior sporting activities will continue to be waived at venues managed by the Shire. The intent is to make junior sport more financially accessible for junior participants and community sporting clubs facilitating junior sports.

A workshop was held with Council on 21 March 2019 to review the draft Schedule of Fees and Charges. The workshop was attended by Councillors Tracey, Male, Mitchell, Fairborn, Marriott, and Matsumoto.

Council endorsed the 2019/20 Fees and Charges Schedule at the Ordinary Meeting of Council (OMC) held 18 April 2019 (see resolution below). This allowed officers to communicate proposed changes to impacted community members and commercial operators prior to Council considering the adoption of the Fees and Charges Schedule in June 2019.

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Pursuant to section 6.16 of the Local Government Act 1995, endorse the Schedule of Fees and Charges as attached for 2019/20 effective from 1 July 2019 excluding statutory fees;

2. Pursuant to section 53 of the Cemeteries Act 1986, endorse the Fees & Charges for the Broome Cemetery as included in the Schedule of Fees and Charges under the section ‘Other Community Amenities’;

3. Pursuant to Regulation 53(2) of the Building Regulations 2012, endorse a non-GST Swimming Pool Inspection Fee of $58.45; and

4. Pursuant to section 67 of the Waste Avoidance and Resources Recovery Act 2007, endorse the following charges for the removal and deposit of domestic and commercial waste:

*Description*	*GST*	*Amount*
*a) Standard Refuse Kerbside Collection Service*
*Waste/Recycle Service (240L Waste bin weekly and 240L recycle bin fortnightly)*	*Nil*	*$469.20*
*Waste/Recycle Service (240L Waste bin weekly and 360L recycle bin fortnightly)*	*Nil*	*$469.20*
*b) Refuse Additional Kerbside Collection Services*
Additional 240L Waste Service (one additional service per week) - Includes additional bin	*Nil*	*$250.00*
Additional 240L Recycle Service (one additional service per fortnight) - Includes additional bin	*Nil*	*$165.00*
Additional 360L Recycle Service (one additional service per fortnight) - Includes additional bin	*Nil*	*$180.00*

CARRIED UNANIMOUSLY 6/0

COMMENT

While new fees have been introduced and some existing fees have either been reduced, discontinued or replaced, for most fees, there has either been no change or an increase of less than 2% in line with average inflation. Further recommendations were made to the proposed Fees and Charges Schedule at the 21 March 2019 Council workshop resulting in the waiving of event application and venue hire fees for non-profit organisations.

Several changes have been made to BRAC facility charges with the aim of achieving a balance between affordability and flexible membership options. The intent is to encourage increased venue utilisation and community participation by appealing to different circumstances amongst community members. The following changes have been made:

· Customer charges have been categorised into Adult, Child, Concession and Family visit.

· Customer charges have also been categorised by activity whether swimming pool only, shoot arounds, racquet sports or full facility access.

· Ticket pre-sales have been distinguished either by period (1 month, 3 months, 6 months and 1 year) or by visit (10 visit pass, 20 visit pass and 30 visit pass) with respective expiry periods.

There have been a number of significant changes to refuse charges at the Waste Management Facilities which are summarised below.

· All charges have been changed from volume-based to weight-based charges;

· Introduction of several new charges:

o vehicle bodies with gas tank ($200),

o conveyor belt ($468),

o mattresses ($10),

o gas bottle ($10),

o 200L drum ($5),

o buoys ($5), and

o metal cable ($34);

· Charges for car tyres and light truck tyres have been decreased by 38% and 11% respectively.

· Charges for truck tyres and tractor/ large machinery tyres have been increased by 30% and 40%, respectively;

· Charges for 100L, 2.0 cubic meter and 6.0 cubic meter service charges have been removed; and

· Additional collection charge for 240L and 360L bins have been decreased, regardless of whether commercial or residential.

The basis for imposing fees and charges for Council services can be classified as either statutory fees and charges, or charges for the provision of goods and/or services. There are many statutory fees and charges determined under legislation other than the Act, which dictate the fees and charges that may be imposed by Council. Each statutory fee has been referenced to its relevant legislative head of power and noted in Attachment 1 Fees and Charges Schedule. Should subsequent updates and changes to these statutory fees be received after adoption of the 2019/20 Fees and Charges Schedule, the new amount will apply and take effect from 1 July 2019.

Fees prescribed in Schedule 2 of the Building Regulations 2012 have been updated after the April OMC to reflect the increase in minimum fees. No other changes are anticipated to statutory fees charged under the Building Act 2011, which remain the same as the fees published in the Government Gazette in June 2016.

The 2019/20 Fees and Charges Schedule is proposed to take effect from 1 July 2019 except for fees and charges set in accordance with section 53 of the Cemeteries Act 1986 which will not come into effect until not less than 14 days notice has been given in the Government Gazette.

The Fees and Charges Schedule also details the prior year comparison with the 2019/20 fees and charges.

Forecast 2019/20 budget revenue generated through Council charges, licences and statutory fees (excluding rent income and fines) is $8.4M which is $500K lower than $8.9M budgeted in 2018/19. The decrease is mainly attributable to the overall reduction of waste volume at the waste management facility, particularly from construction activities. There has also been a reduction in kerbside commercial waste collection following a number of businesses opting to engage a contractor in place of the Shire service.

Council is requested to adopt the 2019/20 Fees and Charges Schedule as part of the annual budget that will take effect on 1 July 2019.

Councillor Sitting Fees & Allowances

On 9 April 2019, the Salaries and Allowances Tribunal (the Tribunal) issued a determination in relation to Local Government Elected Members and Chief Executive Officers (CEOs). The Tribunal determined a 1% increase in the remuneration, fees, expenses or allowances provided to CEOs and Elected Members. The increase to the remuneration ranges does not constitute an automatic increase to the remuneration provided to CEOs or Elected Members. Each local government must conduct its own remuneration review to determine whether any increase, within the applicable bands, is justified.

The Tribunal has also made additional minor changes as follows:

· increasing the childcare reimbursement rate from $25 to $30 per hour;

· clarifying the motor vehicle private benefit exemption for rural and remote local governments under Part 5; and

· including the term 'reasonable' under Part 8 to allow individual local governments to assess whether reimbursable travel costs have been reasonably incurred.

The Tribunal reinforces its preference for the reimbursement of actual expenses wherever possible and, accordingly, has maintained the annual allowances for information and communication technology (ICT) and travel and accommodation. Although these annual allowances are to be paid in lieu of reimbursement of such expenses, the Tribunal maintains the fundamental principle that elected council members should not be out of pocket for expenses properly incurred in the fulfilment of their duties and that any expense incurred beyond the annual allowance amount received should continue to be reimbursed.

It is recommended that the proposed Councillor sitting fees and the President and Deputy President allowances are based on 75% of the maximum allowable limit in line with the percentage set by Council as part of the 2014/2015 budget. The option does exist, however, for Council to set the allowances at a level up to 100% of the fee set by the SAT. Allowances for ICT and Travel are proposed to remain at 100% of the maximum allowable limit.

The following table provides a comparative summary of the proposed Councillor Sitting Fees and Allowances for 2018/19 and 2019/20. GST does not apply to councillor sitting fees and allowances:

Fee/Allowance	2018/19	2019/20 Proposed	% of Maximum
Sitting Fee – President	$23,130	$23,361	75%
Sitting Fee – (x 8 Councillors)	$17,250	$17,423	75%
Allowance – President	$47,045	$47,515	75%
Allowance – Deputy President	$11,761	$11,879	75%
ICT Allowance - (x9 Councillors)	$3,500	$3,500	100%
Travel Allowance – (x9 Councillors)	$50	$50	100%

The total of all proposed Councillor Sitting Fees and Allowances paid for 2019/20 will be $249,730, with the sitting fee for one of the Councillors only anticipated for 9 months in 2019/20.

Council is requested to adopt the 2019/20 proposed Councillor sitting fees and allowances as part of the annual budget adoption.

CONSULTATION

The Waste Management Facility (WMF) conducted a workshop on 22 March 2019 inviting top 5 businesses likely to be impacted by the change in fee structure from volume-based to weight-based. This workshop was attended by representatives of Tox Free and Shire Depot, both of which are major customers of the WMF.

Furthermore, after Council endorsement of the proposed 2019/20 Fees and Charges at the April OMC, WMF wrote to its customers on 22 May 2019 to inform about the proposed 2019-20 WMF Fees and Charges (Attachment 2).

STATUTORY ENVIRONMENT

Local Government Act 1995

6.16. Imposition of fees and charges

(1) A local government may impose* and recover a fee or charge for any goods or service it provides or proposes to provide, other than a service for which a service charge is imposed.

* Absolute majority required.

(2) A fee or charge may be imposed for the following —

(a) providing the use of, or allowing admission to, any property or facility wholly or partly owned, controlled, managed or maintained by the local government;

(b) supplying a service or carrying out work at the request of a person;

(c) subject to section 5.94, providing information from local government records;

(d) receiving an application for approval, granting an approval, making an inspection and issuing a licence, permit, authorisation or certificate;

(e) supplying goods;

(f) such other service as may be prescribed.

(3) Fees and charges are to be imposed when adopting the annual budget but may be —

(a) imposed* during a financial year; and

(b) amended* from time to time during a financial year.

* Absolute majority required.

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;

(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;

(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.

6.19 . Local government to give notice of fees and charges

If a local government wishes to impose any fees or charges under this Subdivision after the annual budget has been adopted it must, before introducing the fees or charges give local public notice of –

(a) its intention to do so; and

(b) the date from which it is proposed the fees or charges will be imposed.

5.98. Fees etc. for council members

(1A) In this section — determined means determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B.

(1) A council member who attends a council or committee meeting is entitled to be paid.

(a) the fee determined for attending a council or committee meeting; or

(b) where the local government has set a fee within the range determined for council or committee meeting attendance fees, that fee.

(2A) A council member who attends a meeting of a prescribed type at the request of the council is entitled to be paid —

(a) the fee determined for attending a meeting of that type; or

(b) where the local government has set a fee within the range determined for meetings of that type, that fee.

(2) A council member who incurs an expense of a kind prescribed as being an expense —

(a) to be reimbursed by all local governments; or

(b) which may be approved by any local government for reimbursement by the local government and which has been approved by the local government for reimbursement,

is entitled to be reimbursed for the expense in accordance with subsection (3).

(3) A council member to whom subsection (2) applies is to be reimbursed for the expense —

(a) where the extent of reimbursement for the expense has been determined, to that extent; or

(b) where the local government has set the extent to which the expense can be reimbursed and that extent is within the range determined for reimbursement, to that extent.

(4) If an expense is of a kind that may be approved by a local government for reimbursement, then the local government may approve reimbursement of the expense either generally or in a particular case but nothing in this subsection limits the application of subsection (3) where the local government has approved reimbursement of the expense in a particular case.

(5) The mayor or president of a local government is entitled, in addition to any entitlement that he or she has under subsection (1) or (2), to be paid —

(a) the annual local government allowance determined for mayors or presidents; or

(b) where the local government has set an annual local government allowance within the range determined for annual local government allowances for mayors or presidents, that allowance.

(6) A local government cannot —

(a) make any payment to; or

(b) reimburse an expense of,

a person who is a council member or a mayor or president in that person’s capacity as council member, mayor or president unless the payment or reimbursement is in accordance with this Division.

(7) A reference in this section to a committee meeting is a reference to a meeting of a committee comprising —

(a) council members only; or

(b) council members and employees.

5.98A. Allowance for deputy mayor or deputy president

(1) A local government may decide* to pay the deputy mayor or deputy president of the local government an allowance of up to the percentage that is determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B of the annual local government allowance to which the mayor or president is entitled under section 5.98(5).

* Absolute majority required.

(2) An allowance under subsection (1) is to be paid in addition to any amount to which the deputy mayor or deputy president is entitled under section 5.98.

5.99. Annual fee for council members in lieu of fees for attending meetings

(a) the annual fee determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B; or

(b) where the local government has set a fee within the range for annual fees determined by that Tribunal under that section, that fee.

* Absolute majority required.

5.99A. Allowances for council members in lieu of reimbursement of expenses

(a) the annual allowance determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B for that type of expense; or

(b) where the local government has set an allowance within the range determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B for annual allowances for that type of expense, an allowance of that amount, and only reimburse the member for expenses of that type in excess of the amount of the allowance.

* Absolute majority required.

Local Government (Administration) Regulations 1996:

5.98. Fees etc. for council members

Classification of a prescribed meeting for a councillor member who attends a meeting entitled for payment. Each of the following meetings is a meeting of a prescribed type for the purposes of section 5.98(1)and 5.98(2A).

(2A) A council member who attends a meeting of a prescribed type at the request of the council is entitled to be paid

(a) meeting of a WALGA Zone, where the council member is representing a local government as a delegate elected or appointed by the local government;

(b) meeting of a Regional Road Group established by Main Roads Western Australia, where the council member is representing a local government as a delegate elected or appointed by the local government;

(c) council meeting of a regional local government where the council member is the deputy of a member of the regional local government and is attending in the place of the member of the regional local government;

(d) meeting other than a council or committee meeting where the council member is attending at the request of a Minister of the Crown who is attending the meeting;

(e) meeting other than a council meeting or committee meeting where the council member is representing a local government as a delegate elected or appointed by the local government.

(3C) A council member is not entitled to be paid a fee for attending a meeting of a type referred to in subregulation (3A) if —

(a) the person who organises the meeting pays the council member a fee for attending the meeting; or

(b) the council member is paid an annual fee in accordance with section 5.99; or

(c) if the meeting is a meeting referred to in subregulation (3A)(c), the member of the regional local government is paid an annual fee in accordance with section 5.99.

Waste Avoidance and Resource Recovery Act 2007

67. Local government may impose receptacle charge

(1) A local government may, in lieu of, or in addition to a rate under section 66, provide for the proper disposal of waste, whether within its district or not, by making an annual charge per waste receptacle, payable in one sum or by equal monthly or other instalments in advance, in respect of premises provided with a waste service by the local government.

(2) The charge is to be imposed on the owner (as defined in section 64(1)) or occupier, as the local government may decide, of any premises provided with a waste service by the local government.

(3) The provisions of the Local Government Act 1995 relating to the recovery of general rates apply with respect to a charge referred to in subsection (1).

(4) In the case of premises being erected and becoming occupied during the year for which payment is to be made, the charge for the service provided is to be the sum that proportionately represents the period between the occupation of the premises and the end of the year for which payment is made.

(5) Notice of any charge made under this section may be included in any notice of rates imposed under section 66 or the Local Government Act 1995, but the omission to give notice of a charge does not affect the validity of the charge or the power of the local government to recover the charge.

(6) A charge may be limited to premises in a particular portion of the area under the control of the local government.

(7) Charges under this section may be imposed in respect of and are to be payable for all premises in respect of which a waste service is provided, whether such premises are rateable or not.

(8) A local government may make different charges for waste services rendered in different portions of its district.

68. Fees and charges fixed by local government

Nothing in this Part prevents or restricts a local government from imposing or recovering a fee or charge in respect of waste services under the Local Government Act 1995 section 6.16.

Building Regulations 2012

53. Inspection of barrier to private swimming pool

(1) The local government for the district in which a private swimming pool containing water that is more than 300 mm deep is located must arrange for an authorised person to inspect the barrier to the private swimming pool at intervals of no more than 4 years for the purpose of monitoring whether the provisions in regulations 50 and 52 are being complied with.

(2) A local government may, for a financial year, fix the charge to be imposed on each owner or occupier of land on which there is a private swimming pool containing water that is more than 300 mm deep, to meet the estimated cost in that financial year of carrying out the inspections mentioned in subregulation (1), but the charge fixed —

(a) must not exceed the estimated average cost to the local government of carrying out inspections in that year; and

(b) must not exceed $58.45.

POLICY IMPLICATIONS

1.1.1 Elected Members Entitlements

FINANCIAL IMPLICATIONS

The Draft Operating Budget for 2019/20 has been prepared with consideration of the Draft Fees and Charges Schedule as attached, with the estimated income of $8.4M for the 2019/20 financial year.

The cost to Council for the President and Councillor Sitting Fees and Allowances is $249,730, with the sitting fee for one of the Councillors only anticipated for 9 months in 19/20. The operating budget preparation includes the proposed Councillor Sitting Fees and Allowances in accordance with the Salaries and Allowances Tribunal.

RISK

The possible risk associated with not adopting the proposed 2019/20 Fees and Charges Schedule is that it may result in an inability to realise budgeted operating income for 2019/20. The length of the delay of implementation of the Fees and Charges Schedule could alter the possible level of impact from ‘High’ ($50,000-$150,000) to ‘Catastrophic’ (more than $150,000) given than the fees and charges account for $8.4M of estimated income for the 2019/20 financial year.

If fees and charges are not increased, the likelihood of this outcome is considered to be ‘Almost Certain’.

The Risk Rating is therefore determined as ‘Extreme’.

To mitigate the ‘Extreme’ risk, it is recommended that Council adopts the 2019/20 Schedule of Fees and Charges.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

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

Affordable and equitable services and infrastructure

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

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Pursuant to section 6.16 of the Local Government Act 1995, adopts the Schedule of Fees and Charges as attached for 2019/20 effective from 1 July 2019 excluding statutory fees;

2. Pursuant to section 53 of the Cemeteries Act 1986, adopts the Fees and Charges for the Broome Cemetery as included in the Schedule of Fees and Charges under the section ‘Other Community Amenities’;

3. Pursuant to Regulation 53(2) of the Building Regulations 2012, adopts a non-GST Swimming Pool Inspection Fee of $58.45;

4. Pursuant to section 67 of the Waste Avoidance and Resources Recovery Act 2007, adopts the following charges for the removal and deposit of domestic and commercial waste:

*Description*	*GST*	*Amount*
*a) Standard Refuse Kerbside Collection Service*
*Waste/Recycle Service (240L Waste bin weekly and 240L recycle bin fortnightly)*	*Nil*	*$469.20*
*Waste/Recycle Service (240L Waste bin weekly and 360L recycle bin fortnightly)*	*Nil*	*$469.20*
*b) Refuse Additional Kerbside Collection Services*
Additional 240L Waste Service (one additional service per week) - Includes additional bin	*Nil*	*$250.00*
Additional 240L Recycle Service (one additional service per fortnight) - Includes additional bin	*Nil*	*$165.00*
Additional 360L Recycle Service (one additional service per fortnight) - Includes additional bin	*Nil*	*$180.00*

5. Pursuant to section 5.98 and 5.99 of the Local Government Act 1995 and Regulation 33 and 34 of the Local Government (Administration) Regulations 1996, adopts the following annual amounts for elected member sitting fees and allowances for 2019/20 effective from 1 July 2019;

*Fee Allowance*	*GST*	*Amount*
*Sitting Fee – President*	*Nil*	*$23,361*
*Sitting Fee – (x 8 Councillors)*	*Nil*	*$17,423*
*Allowance – President*	*Nil*	*$47,515*
*Allowance – Deputy President*	*Nil*	*$11,879*
*ICT Allowance – (x 9 Councillors)*	*Nil*	*$3,500*
*Travel Allowance – (x 9 Councillors)*	*Nil*	*$50*

6. Endorses that all member sitting fees be paid monthly in advance.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	2019/2020 Schedule of Fees and Charges
2.	Letters to Waste Management Facility May 2019

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

9.4.2 ADOPTION OF 2019/2020 ANNUAL BUDGET

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ACC01

AUTHOR: Manager Financial Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 20 June 2019

SUMMARY: Council is requested to consider adopting the 2019/20 Annual Budget.

BACKGROUND

Previous Considerations of the 2019/20 Annual Budget

OMC 13 December 2018 Item 9.4.5

OMC 18 April 2019 Item 12.1

OMC 4 June 2019 Item 12.1

Long – Term Financial Plan

All Local Governments in Western Australia are required to develop a Plan for the Future as prescribed under section 5.56(1) of the Local Government Act 1995 (LGA). In 2011, amendments were made to the Local Government (Administration) Regulations 1996 (Admin Regs), specifically the inclusion of regulation 19BA, which in summary, states that a Plan for the Future is to incorporate a Strategic Community Plan (SCP) and a Corporate Business Plan (CBP).

The CBP is responsible for translating the strategic direction of the Shire, articulated within the SCP, into specific priorities and actions at an operational level. The CBP also draws together actions contained within the Long-Term Financial Plan (LTFP), Capital Works Programs, Asset Management Plans and various informing strategies. It provides a 4-year snapshot of operational actions and priorities to inform the annual planning and budgeting process.

The CBP is required to be reviewed annually in line with the budget process to ensure priorities are achievable and effectively timed. The LTFP is the monetary translation of the CBP encapsulating operating, capital, investing and financing activities. The annual budget is then guided by the high-level projections embodied in the LTFP.

Annual Budget Process

The budget process is undertaken to adopt the annual budget in accordance with the LGA and Local Government (Financial Management) Regulations 1996 (FMR). Under section 6.2(1) of the LGA, Council is required to prepare and adopt an annual budget for each financial year. The legislation prescribes the form and content of the annual budget which is required to include statements of income, cash flow and rates setting.

The 2019/20 draft budget was developed with regard for Council’s 2019-2029 SCP and 2019-2023 CBP which contains the first four years of the draft 2019-2034 LTFP, the Infrastructure Asset Management Plan, the Information Communication and Technology (ICT) Plan and the Plant Replacement Program. The CBP and SCP were endorsed by Council at the 13 December 2018 Ordinary Meeting of Council. All actions highlighted in the 2019/20 financial year of the CBP, and any proposed new initiatives and projects over $8,000, were subject to a project brief submission process which was scrutinised by Executive staff prior to inclusion for presentation to Council.

The draft consolidated budget and its underlying components were prepared and presented to Council at various briefings and workshops held during March and April 2019. The process commenced with the presentation of the Draft Fees and Charges Schedule held on 21 March 2019, followed by further workshops on the Draft Operating Budget, Engineering Works and Plant Replacement, Draft Capital Budget, Project Briefs and Rates Modelling. A bus trip also occurred on 4 April 2019 to allow Councillors to undertake site inspections of key capital projects proposed for inclusion.

During these workshops full Capital Works Program’s for all asset classes were presented with regard for the Shire’s Asset Management Plan. All Reserve accounts were reviewed to determine capacity to fund proposed projects, with consideration of future, longer term commitments to renewal expenditure.

Executive staff have endeavoured to prioritise objectives within the context of a balanced budget. The principles and assumptions applied in developing the budget include:

· Operating costs set using zero based costing principles or in line with CPI.

· Salaries and Wages increases set in accordance with Enterprise Bargaining Agreements or contract market rates.

· A general increase in rates yield of 1.75% for all Differential Rating Categories. This compares to the previous year’s general increase of 1.78%. The Minimum Payments for UV Mining has been set at $500 with all other categories proposed to remain at $1,220. The LTFP provided for a 1% rate increase which incorporates a minor percentage for growth rate.

The budget document itself is in statutory form and includes statutory statements and notes, supporting program schedules and appendices, including the organisational structure and is presented for Council consideration and adoption.

COMMENT

Long – Term Financial Plan

In the review of the CBP in the 2018/19 financial year, a workshop was held with Councillors on 29 and 30 October 2018 which was attended by Councillors Tracey, Foy, Fryer, Marriott and Mitchell. At the workshop, attending Councillors were provided an overview of the updated LTFP focusing on capital projects to be undertaken over the next four-year period, 2019-2023.

Council adoption of the CBP at the 13 December 2018 OMC confirmed the capital projects contained in the first 4 years of the LTFP. Following the adoption of the CBP, and as part of the budget process, officers have extended LTFP forecasts beyond 2023 to cover the next 15 years ending in 2034 and will be considered in the next desktop review of SCP and CBP in 2019/20.

The following key assumptions have been applied in developing the 2019-2034 LTFP:

· The 2018/19 adopted budget was adjusted by removing the effects of carryover projects and one-off activities specific to 2018/19 not expected to recur in future years (e.g. WANDRRA income and expenses, Valuer General valuation costs, etc.). This provides for baselined operating figures used in the LTFP model.

· Capital projects identified in the LTFP adopted by Council on 14 December 2017 were included for the financial years 2023-2034.

· 1% rates increase across all years.

· 1% increase in all other recurring operating income and expenses.

· 2.5 % annual interest rates.

· Surplus / deficit funds relating to the Waste Management Facility redirected to the Regional Resource Recovery Park reserve account.

· Any remaining surplus is transferred to reserves with significant drawdowns forecast in future years. Resulting surpluses have been transferred to the Public Open Space Reserve but the actual reserve transfers are subject to annual review of the CBP.

· Any deficits are funded through borrowings.

The 15-year LTFP presented for endorsement is balanced and ensures required funds are quarantined for asset renewal as per Councils endorsed Asset Management Plan. The LTFP includes all capital projects contained in the most recent adopted CBP along with new and upgrade projects for years 2023-2034.

As part of the adoption of the annual budget, this report recommends the adoption of the 2019-2034 LTFP.

2018/19 Budgets Carried Over to 2019/20

The 2019/20 proposed Annual Budget has a predicted net carried forward balance of $4,006,759. The majority of this carried forward balance comprised of $1,507,238 of Financial Assistance Grants Scheme (FAGS) received in advance before the end June 2019 and estimated to be approximately 50% of the annual allocation for 2019/20. Identified carry over also included a number of operational and capital works projects that have already started but are not expected to be completed by 30 June 2019 and have now been included in the 2019/20 budget as ‘recounted projects’ requiring $2,499,521 of municipal funds, net of grants, borrowings or reserve funding. Some of the significant carry-over projects are identified below:

· $4,090,925 Town Beach Greenspace and Waterpark project with $2,620,398 grant funding;

· $1,198,424 Volunteer Bushfire Brigade with $1.2M grant funding;

· $667,849 Hunter Street Stage 2 with $199,108 grant funding;

· $621,049 Short Street and Paspaley Drainage Upgrade with $590,135 Reserves;

· $714,000 Kimberley Regional Offices building renewal 100% funded from reserves; and

· $317K Short Street Male Oval Carpark with $267K reserve funding

The total gross expenditure for all projects as detailed in the 2018/19 Carryover Summary Schedule (attachment 3) is $10,703,143. This is funded by $8,203,622 from revenue sources such as the respective reserve funds for each asset/program class, grants and developer contributions. The balance after these funding sources is a $2,499,521 municipal fund impact.

2019/20 Balanced Budget

The draft budget has been prepared using the advertised general rate increase of 1.75%. This is less than the 2018/19 rate increase of 1.78% and lower than local government CPI growth. This relatively minimal rate increase is the result of a focus on improving operational efficiencies, refining operating revenue targets and wherever possible leveraging own-source municipal funds to access grant funds.

There have been several influences on the final budget with the following of note:

· Fees and Charges, including rental income and fines, have been sustained at the same level as 2018/19 ($11M);

· Interest income is higher (29%) due to increasing balances across various reserves;

· Other revenue is slightly lower than 2018/19 (16%) due to WANDRRA and insurance reimbursement claims budgeted in 2018/19 that are not anticipated in 2019/20;

· Materials and contracts are 4% more than 2018/19 mainly due to the following projects:

§ Town Beach Jetty Project of $11.3M

§ Chinatown Stage 2 of $800K

§ Herbert-Saville Roundabout of $692K

· Power and water costs are 2.8% lower than 2018/19 ($56K) mainly due to use of LED lights and closely controlled switching of lighting and reticulation;

· Reduced requirement for relieving staff ($15K);

· Interest expense is higher by 59% due to anticipated loans for Town Beach Project, Broome Golf Club Self-Supporting Loan and Chinatown Revitalisation Project; and

· Other expenditure is 4% lower than 2018/19 ($130K) mainly due to completion of grants granted to businesses as part of the Chinatown Enhanced Laneway Grants.

Changes to the organisational staffing structure have contributed to containing salaries and wages which decreased by $6,000 compared to 2018/19. All vacancies arising during the year have been objectively assessed as to whether the position descriptions could be revised, reclassified at a lower level or removed entirely. For example, vacancies in the Senior Planning Officer, Business Improvement Coordinator, Senior Project Engineer – Chinatown and Apprentice Mechanic resulted in their removal from the organisational structure in 2019/20. 7 new positions have been introduced in the 2019/20 financial year including a part-time Creditors Officer, Mechanic, Reticulation Officer, Gardener Operator, Place Making Officer, Waste Management Facility Worker and Swimming Instructor.

Council should also note that in 2018/19, the Shire received a $20K grant through the Department of Sport and Recreation (the Department) for the Club Development Officer position. Officers have applied for funding in 2019/20 to continue to fund the position. The Shire has budgeted for this role despite the lack of funding commitment. In the event that the funding does not eventuate, the position will be reassessed.

The 2019/20 Statutory Budget (Attachment 2) includes the budget of the Kimberley Zone and Kimberley Regional Group (Zone KRG) with operating income of $353K, operating expenditure of $419K and $66K of net Transfer from the Kimberley Zone Reserve to balance the budget. The Zone KRG budget is funded through contributions from member local governments and has a nil impact on the Shire budget.

Projects of interest proposed in 2019/20 include initiatives such as;

· Town Beach Jetty - $11.3M

· BRAC Outdoor Multi Sport Court Upgrade - $2.5M

· Plant Replacement - $1.8M (key items include replacement of heavy machinery and fleet vehicles)

· McDaniel Road Upgrade Stage 1 and 2 - $1M

· Chinatown Revitalisation Program Stage 2 - $800K

· Herbert and Saville Roundabout - $692K

· Urban roads reseal program - $611K

· Renewal and upgrades of various parks, ovals and pubic open spaces - $503K

· Furniture, equipment, capital ICT hardware and software projects- $460K

· Frederick Street and other drainages - $315K

· Various street lighting - $309K

· Other road upgrades- $274K

· Waste Management Facility Posi-Shell waste cover - $235K

· Broome Volunteer Bushfire Brigade Shed - $224K (in addition to $1.2M carryover from 2018/19 budget)

· Various footpath constructions, renewals and upgrades - $224K

· Waste Management Facility capping and other rehabilitation - $200K

· Chinatown Entry Statement - $200K

· Renewal of various buildings - $165K

· Waste Management Facility Tyre Processing - $158K

· Australia Day, Reconciliation Week, Chinatown Christmas decorations and various community events - $102K

· Implementation of economic development, youth framework and community safety plan - $100K

· Review of Local Planning Scheme and Local Planning Strategy - $80K

· Road Visual Condition Survey - $80k

· Town Beach Erosion Study and various shoreline monitoring program - $79K

· Streeters Jetty Renewal - $68K

· Cemetery Ground Penetrating Radar - $65K

· Cable Beach Foreshore Redevelopment Business Case - $60K

· Skate Park Design - $58K

· Installation of large fans at BRAC - $51K

· BRAC Tennis Fencing renewal - $44K

· Various bus facilities renewal and upgrade - $30K

· Carparks and bus bays - $30K

· BRAC adjustable backboards - $28K

· Cricket facilities upgrade - $17K

· Surf Life Saving Club access bridge renewal - $15K

A full list of projects is included in Schedule 1 of the attached Statutory Budget (attachment 2).

In macro dollar terms, Council will invest in capital asset acquisition, construction, upgrades and renewal activities including;

· $3.2M for buildings works

· $5.6M for roads, drainage, footpaths, parks and other infrastructure works

· $1.8M of fixed and mobile plant and equipment acquisitions

· $460K for ICT, other furniture and equipment acquisition

· $11.3M for the Town Beach Jetty Project

· $1.4M of other additional operating activities

Funding for the above capital activities is derived from $9.8M in grants, developer contributions of $2.5M, $5.5M of municipal funds, $4M reliance on reserve funds and $2M of borrowings.

In terms of operational expenditure (excluding financing expenditure), the key statutory programs and activities of the Shire include:

Recreation & Culture	$9.9M	Community facilities, Public Library, swimming areas and beaches, cultural events, Civic Centre and BRAC
Community Amenities	$8.7M	Rubbish and recycling collection, waste management, storm water drainage, town planning, environmental protection and litter control
Economic Services	$2.3M	Economic initiatives, provision of tourism and visitor services, building control and swimming pool inspections and caravan parks facilities
Transport	$4.6M	Roads, kerbing, footpaths, car parks, verges, parking control, street lighting, bus shelters and facilities and flood damage
Other Properties & Services	$1.08M	KRO, community facilities, cafe/restaurants, Records and ICT management, corporate services, private works and other infrastructure operations
Governance	$2.4M	Civic and citizenship activities, community sponsorship programs, promotion and engagement, Sister City relations, and youth development
Law, Order & Public Safety	$1.3M	Legislative compliance and local laws enforcement, ranger operations, fire prevention, emergency planning and services and animal control
Education & Welfare	$505K	Community development programs, community safety, crime prevention, not for profit organisation support and community engagement and events
Health	$683K	Public health regulation and inspections, food premise licensing, mosquito and pest control and commercial pool inspections
General Purpose Funding	$290K	Management of the Shire’s grants, rates review initiatives and debt/revenue management and control

In total, the Shire is investing $56M in Broome and the wider community in 2019/20.

Significant Accounting Policies

FMR 5A prescribes that the annual budget and financial report and other reports of a local government must comply with the Australian Accounting Standards (AAS). The purpose of the Significant Accounting Policy is to disclose the accounting policies that apply in the notes of the Financial Statements. Significant accounting policies are reviewed annually, after consultation and opinion from external auditors. The accounting policies are disclosed in the relevant notes of the draft annual budget and annual financial report. Policy 2.2.7 Significant Accounting Policies was reviewed and adopted by Council at the OMC held 14 December 2017 with changes made to reflect the updated AAS and to provide consistency with terminology used in the annual financial report. This policy will apply in the 2019/20 financial year.

Policy 2.2.2 Materiality in Financial Reporting

FMR 34(5) requires that “Each financial year, a local government is to adopt a percentage value, calculated in accordance with AAS5, to be used in statements of financial activity for reporting material variances.” The objective of this policy is to ensure compliance with AAS 1031 Materiality and FMR 34(5). The policy represents a key mechanism of internal control procedures and processes to prevent financial or reputational loss caused by an omission, misstatement or non-disclosure of financial information. To prevent administrative inefficiency, materiality thresholds are set by the local government in accordance with risk management thresholds to ensure only those variances that represent a medium and higher level of risk be reported and explained to management and Council.

The policy formalises a position where materiality thresholds are set to provide guidance in the reporting of material variations on;

a) Budget line item level (general ledger account or job codes);

b) Statutory program, core service, or nature and type reporting level; and

c) Total organisational forecast level.

As per FMR 34(5), materiality thresholds can be set as a percentage, or dollar value, against an appropriate base amount. The policy provides both; the advantage being is that a minimum value threshold can be set as well as a proportional value threshold, relevant to major items or subtotals. Threshold levels should not be so high as to allow material variances to go unnoticed, and by the same token, should not be so low as to cause administrative burden.

For the purposes of monthly financial reporting, 10% of the summarised revenue and expenditure by Program, Business Unit, Nature and Type or Asset Class Reporting would be considered a reasonable guide for highlighting variances. Council may also wish to adopt a value rather than a percentage, or incorporate a minimum value threshold into the materiality consideration. The policy provides $20,000 as a minimum value for reporting in the monthly statement of financial activity. This threshold sits within the medium range on the risk matrix.

As a guide, an overall level based upon total revenue of Council could be employed. This has been set at 1% which would represent a deficit of $390,187 based on the total operating revenue in the 2019/20 draft budget. This amount is more than twice the risk matrix financial impact threshold of $150K which places it beyond the extreme level. The remedial outcome as per the risk matrix requires immediate intervention and management have set other internal thresholds for reporting material variances to mitigate the occurrence of an overall deficit greater than the $150K risk matrix threshold.

Budgets, at their lowest line item level, are set against an account or job number. The existing policy is to report variations of a minimum value of $10,000 for operating revenue and operating expenditure accounts/jobs and $20,000 for capital revenue and capital expenditure accounts/jobs in order to maintain effectiveness in reporting while still flagging material exceptions. Set amounts for materiality provide clear guidance for reporting, with line item forecast variations reviewed monthly by Responsible Officers, reported through the Monthly Financial Activity Report and internally through the quarterly Finance and Costing Review (FACR) process which is set at 50% of the thresholds to act as an early warning system (e.g. $5,000 for operating and $10,000 for capital items). The Shire of Broome’s total operating revenue budget is $39,018,702, therefore, $10,000 at the lowest line item level would appear to be an adequate level for detecting variance materiality.

It is noted that when establishing materiality values and percentages, they are a trade off between the volume of information compared to the significance of that information, however the amount alone does not always dictate whether an item is material, and disclosures should be adjusted where necessary. Variances can consist of either timing or permanent variances. For example, a timing variance occurs when grant funding is received a month later than originally budgeted, as opposed to a permanent variance when the grant funding will not be received as budgeted.

There are no changes proposed to Policy 2.2.2 at this time. Council should note that the overall materiality threshold of 1% on operating revenue now represents $390,187 in dollar terms for the purposes of reporting on the predicted budget surplus or deficit throughout the 2019/20 financial year in the monthly financial activity report.

Commonwealth Financial Assistance Grants Scheme

The Financial Assistance Grants Scheme (FAGS) program consists of two components:

· A general-purpose component which is distributed between the States and Territories according to population (i.e. on a per capita basis) and the Consumer Price Index (CPI); and

· An identified local road component which is distributed between the States and Territories according to fixed historical shares.

Both components of the grant are untied in the hands of local government, allowing councils to spend the grants according to local priorities.

FAGS are a vital part of the revenue base of all Councils and Councils receive a base funding of $2.3 billion annually from the Federal Government under this important program. The Federal Government’s decision in the 2014 Federal Budget to freeze the indexation of FAGS for three years beginning in 2014-15 unfortunately cost Councils across Australia an estimated $925 million. In the 2017/18 budget, the indexation of FAGS grants to CPI was restored and is expected to continue to be indexed in the 2019/20 financial year.

The Shire of Broome’s FAGS funding has gradually been reduced by over $800K since 2011-12. The indexation freeze has resulted in a further stagnation of growth in funding flowing through to the States for distribution. While the indexation has been restored to the General Purpose Grant pool effective from 2017/18 (as per the May 2017 Federal Budget announcement), it will take some time until allocations return to 2011-12 levels.

On 2 April 2019, the Federal Government also agreed to bring forward partial payments from the 2019/20 year, to be paid in June 2019. Further confirmation was received from the WA Local Government Grants Commission (WALGGC) advising that a portion of the total grant allocation would be received in advance. At the date of this report, the amount of advanced payment expected has yet to be confirmed and received. It is expected that this early payment will be received by the end of June 2019 and will form part of the carried forward balance of the 2019/20 budget.

The WALGGC have advised that the final total grant allocation for 2019/20 has yet to be confirmed. The proposed budget did not include an estimate of FAGS to be received in advance. Any deviation from the estimate will be addressed as a budget amendment in 2019/20 when the 2018/19 Annual Financial Report is adopted and the actual amount of carryovers is confirmed.

While FAGS are paid through each State’s Local Government Grants Commission, the funding originates from the Commonwealth and it is important it is recognised as such. Council has been requested to pass a resolution acknowledging the importance of the Commonwealth's FAGS in assisting Council to provide important community infrastructure.

Council is also being asked to acknowledge the receipt of FAGS from the Commonwealth in media releases and Council publications, including the annual report and to highlight to the media a Council project costing a similar size to the FAGS received by Council so that the importance and impact of the grants can be more broadly appreciated.

The significant contribution is acknowledged, made by the Commonwealth, through the WALGGC via its FAGS funding in excess of $2M annually towards the achievement of the district’s annual and long term strategic objectives, as well as the goods and services supplied by the Shire that benefit the Broome community and visitors alike. Without this vital funding, either services levels would be significantly lower or rates significantly higher to maintain the same standards and expectations. Accordingly, it is recommended that Council acknowledge the support provided by FAGs funding.

CONSULTATION

Department of Local Government, Sport and Cultural Industries

Western Australia Local Government Grants Commission

STATUTORY ENVIRONMENT

Local Government Act 1995

6.2. Local government to prepare annual budget

(1) During the period from 1 June in a financial year to 31 August in the next financial year, or such extended time as the Minister allows, each local government is to prepare and adopt*, in the form and manner prescribed, a budget for its municipal fund for the financial year ending on the 30 June next following that 31 August.

* Absolute majority required.

(2) In the preparation of the annual budget the local government is to have regard to the contents of the plan for the future of the district made in accordance with section 5.56 and to prepare a detailed estimate for the current year of —

(a) the expenditure by the local government;

(b) the revenue and income, independent of general rates, of the local government; and

(c) the amount required to make up the deficiency, if any, shown by comparing the estimated expenditure with the estimated revenue and income.

(3) For the purposes of subsections (2)(a) and (b) all expenditure, revenue and income of the local government is to be taken into account unless otherwise prescribed.

(4) The annual budget is to incorporate —

(a) particulars of the estimated expenditure proposed to be incurred by the local government;

(b) detailed information relating to the rates and service charges which will apply to land within the district including —

(i) the amount it is estimated will be yielded by the general rate; and

(ii) the rate of interest (if any) to be charged by the local government on unpaid rates and service charges;

(c) the fees and charges proposed to be imposed by the local government;

(d) the particulars of borrowings and other financial accommodation proposed to be entered into by the local government;

(e) details of the amounts to be set aside in, or used from, reserve accounts and of the purpose for which they are to be set aside or used;

(f) particulars of proposed land transactions and trading undertakings (as those terms are defined in and for the purpose of section 3.59) of the local government; and

(g) such other matters as are prescribed.

(5) Regulations may provide for —

(a) the form of the annual budget;

(b) the contents of the annual budget; and

(c) the information to be contained in or to accompany the annual budget.

Local Government (Financial Management) Regulations 2006

5A. Local governments to comply with AAS

Subject to regulation 4, the annual budget, annual financial report and other financial reports of a local government must comply with the AAS.

POLICY IMPLICATIONS

2.2.2 Materiality in Financial Reporting

2.2.7 Significant Accounting Policies

FINANCIAL IMPLICATIONS

The budget is the primary financial plan for the 2019/20 financial year. The intention is that a budget will be balanced such that all expenditures are matched by revenues. Following rates modelling of the proposed Differential Rates presented to Council at the Ordinary Meeting of Council held 18 April 2019, the budget has been adjusted for impacts of any internal cost allocations to capital projects, the Waste Management Facility and any resulting surpluses and is presented to Council as a balanced budget.

RISK

The LTFP is one of the informing documents forming part of the Shire’s suite of Integrated Planning and Reporting documents and adoption of the document avoids extreme risk of non-compliance of the LGA.

The following risks have been identified in relation to the adoption of the 2019/20 annual budget:

1) Extreme – the unlikely event of Council resolving not to adopt the budget which poses a catastrophic level of financial impact greater than $150,000. To mitigate this risk, all associated informing plans, schedules, rating strategies and budget formulation workings have been circulated and communicated to Council through key budget workshops of the 2019/20 Budget Process timeline set in December 2018. Any cause for doubt over the information contained within the budget working papers have been resolved and communicated to Council prior to the formal adoption process.

2) Extreme – Disclosure of any future events that may impact the budget estimates is required in relation to reimbursements for restoration of damages from natural disasters. The Shire is still progressing several claims for reimbursement for a number of restoration works carried out and originally planned to be completed in 2018/19 arising from damages suffered from natural disasters in 2017/18. Upon confirmation of final amounts of claimed damages, actual income and expenses may vary from budgeted income and expenses. The financial implications will be disclosed at the time of reporting and recommendations on treatment will be provided.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

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

An organisational culture that strives for service excellence

Responsible resource allocation

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth Seconded: Cr C Marriott

That Council:

1. Adopts the Shire of Broome Long Term Financial Plan 2019-2024 as contained within Attachment 1 and supports the implementation of the adjusted document;

2. Pursuant to the provisions of section 6.2 of the Local Government Act 1995 and part 3 of the Local Government (Financial Management) Regulations 1996, adopts the 2019/20 Annual Budget and organisational structure including associated schedules as attached;

3. Acknowledges the importance of Federal funding through the Financial Assistance Grant Scheme for the continued delivery of Council’s services and infrastructure, including a total allocation of $2.8 million for the 2019/20 financial year for general purpose funding and untied road grants;

4. Requests the Chief Executive Officer to ensure that this Federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in Council publications, including annual reports; and

5. Notes that in accordance with Policy 2.2.2 Materiality in Financial Reporting the overall predicted budget surplus/deficit threshold for the 2019/2020 financial year, being 1% of operating revenue is $390,187 for the purposes of reporting to Council.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	2019-2034 Shire of Broome Long Term Financial Plan
2.	2019-2020 Shire of Broome Statutory Budget
3.	2018-2019 Carryover Summary Schedule
4.	2019-2020 Shire of Broome Organisational Structure

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

9.4.3 ADOPTION OF THE 2019/20 DIFFERENTIAL GENERAL RATES AND MINIMUM PAYMENT, RATES INSTALMENT PAYMENT ARRANGEMENTS, AND PENALTY INTEREST AND CHARGES

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ARA01

AUTHOR: Manager Financial Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 5 June 2019

SUMMARY: Council is requested to consider adoption of the differential general rates and minimum payment, rates instalment payment arrangements, and penalty interest and charges for the 2019/20 financial year.

BACKGROUND

Previous Considerations

OMC 18 April 2019 Items 9.4.5 and 12.1

OMC 4 June 2019 Item 12.1

The purpose of levying rates is to meet Council’s budget requirements in each financial year to deliver services and community infrastructure. The rates levied on properties are determined by applying the rate in the dollar to the applicable valuation amount of the properties in the district. The methods of land valuation are determined by the Minister for Local Government and Communities (the Minister) and the actual amount of property valuation is provided by the Valuer General’s Office (VGO).

The application of differential rates takes into consideration section 6.33 of the Local Government Act 1995 (Act) which provides the ability to differentially rate properties based on zoning and/or land use as determined by the local government.

Section 6.35 of the Act also provides the ability to impose a minimum payment which is greater than the general rate which would otherwise be payable on that land. The application of differential rating on the basis of land use and/or zoning results in a rate in the dollar and minimum payment amounts for each rating category.

In accordance with section 6.36 of the Act, a local government is required to give local public notice of intention of imposing differential general rates or a minimum payment.

The application of differential rates and minimum payments maintains equity in the rating of properties across the Shire of Broome (the Shire), enabling Council to provide facilities, infrastructure and services to the entire community and visitors.

Overview of the Budget Process

Several Council presentations and workshops have been held to date including:

29 and 30 October 2018	Overview of Integrated Planning and Reporting Framework
21 March 2019	Draft Fees & Charges and Operating Budget which includes Engineering Works Resource Budget
4 April 2019	Capital Budget & Project Briefs, Plant Replacement, Project Site Visit and Rates Information

The draft budget was primarily developed with reference to Council’s adopted Corporate Business Plan (CBP), Long Term Financial Plan (LTFP) and Asset Management Plans (AMP’s). Consideration was also given to a number of project briefs that were submitted by staff and presented to Council through the aforementioned workshops.

Following deliberations and feedback provided by Councillors at the Budget Workshop on 4 April 2019, minor amendments have been made to the draft budget documents. As part of the budget workshops with Council, it was identified that $22,798,521 of rates revenue was required to achieve a balanced budget in 2019/20.

Key achievements in this year’s budget include:

· Zero-based budgeting and operational revenues, expenses and net results in line with the 2019/20 LTFP;

· A continued focus by officers in leveraging Council funds to attract significant grant funding; and

· A focus on revenue raised through fees and charges.

All of these factors have resulted in a proposed rate increase being contained to 1.75% across all differential rating categories to deliver the priorities and services of Council. This proposed increase is slightly higher than the indicative figure of 1% included within the Shire’s LTFP.

A proposed minimum rate of $1,220 has been applied to all rating categories except for the UV-Mining category which has been maintained at $500 to ensure compliance with section 6.35 of the Act.

At the Ordinary Meeting of Council (OMC) held on 18 April 2019, the proposed differential rates for the 2019/20 financial year were considered by Council and endorsed for local public notice. The 2019/20 differential rating Objects and Reasons (Attachment 2) were also adopted.

Public notices inviting submissions on the proposed differential rates were placed in the Broome Advertiser on 2 May 2019. Copies of the public notice were posted to notice boards located at the Shire Administration Centre and Library on 30 April 2019. A media release about the intention to impose differential rates and minimum payments was also published on the Shire’s website on 29 April 2019, immediately after the April OMC.

Pursuant to the requirements of the Department of Local Government, Sports and Cultural Industries (DLGSC) rating guidelines, ratepayers in the UV – Commercial Rural rating category have been provided with a written invitation to submit feedback in relation to the proposed differential rates. This was required as the number of properties in the UV – Commercial Rural rating category dropped under 30 following the recent UV to GRV Review.

The submission period was open for 21 days and closed at 4pm, Thursday 23 May 2019. Two submissions were received, and Council was presented with an item considering the submissions at the OMC held 4 June 2019 and resolved as follows:

Council Resolution:

(Report Recommendation)

Moved: Cr B Rudeforth Seconded: Cr M Fairborn

That Council:

1. Notes the submissions received and the objections contained therein regarding Council’s intention to impose the 2019/20 differential rates and minimum payments under section 6.36(4) of the Local Government Act 1995 during the public submission period of 21 days;

2. Endorses the following proposed Differential General Rates and Minimum Payments for 2019/20:

*DIFFERENTIAL RATE CATEGORY*	*RATE IN THE DOLLAR* *(cents)*	*MINIMUM PAYMENT*
*Residential (GRV)*	*10.8224*	*$1,220*
*Vacant (GRV)*	*19.8104*	*$1,220*
*Commercial (GRV)*	*11.2119*	*$1,220*
*Tourism (GRV)*	*14.6665*	*$1,220*
*Mining (UV)*	*11.7729*	*$500*
*Rural (UV)*	*0.7623*	*$1,220*
*Commercial Rural (UV)*	*3.1875*	*$1,220*

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

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

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

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

CARRIED 6/0

An application to the Minister was submitted to the DLGSC on 7 June 2019.

Ministerial approval for the proposed differential rates and minimum payments has been granted and is attached to this report (Attachment 3).

Council is now requested to adopt the:

· Imposition of the proposed differential general rates and minimum payment;

· Proposed instalment interest rates, fees and charges, administration fees, penalty interest; and

· Due dates for the payment of rates in full, by instalments including one full payment option, two- payment option and four- payment option and treatment of non-payment of debts.

COMMENT

Introduction of GRV Vacant Rating Category

As per the objects and reasons adopted by Council in June 2018, the GRV Residential Vacant rate category consists of vacant properties located within the townsite boundaries excluding land zoned as Tourist or Commercial.

Ratepayers with vacant land in residential zoning are charged a higher rate in dollar to encourage development and discourage land banking. Considering the above, it seems unfair and inequitable that vacant properties in the GRV Residential rate category are penalised for not developing the vacant land, whereas tourism and commercial categories can continue to hold vacant land without a higher rate in dollar being imposed.

At the OMC dated 18 April 2019, Council noted the lack of a consistent, fair and equitable approach to the rating of vacant land within the townsite and the need for a consultation about the differential rates process through direct notification and resolved as follows:

As part of the 21-day legislative requirement to provide local public notice, the Shire wrote to ratepayers potentially impacted by the proposed introduction of a single rating category for vacant properties. Written notice about the differential rates and object and reasons was sent out to the owners of vacant commercial and tourism properties in a manner similar to the consultation done with UV-Commercial ratepayers having less than 30 ratepayers in the rating category.

One submission was received in relation to the introduction of single rating category whereby both vacant commercial/industrial and tourism properties will be subjected to the same rate in the dollar as vacant residential properties. Submission received was considered by Council at the OMC dated 4 June 2019 and endorsed the differential rates without amendments. Council resolution was as follows:

In accordance with section 6.33 and 6.35 of the Act, Minister’s approval has been received to impose:

· Differential rates more than twice the lowest differential rate in the UV Mining and UV Commercial rating categories; and

· A minimum payment on vacant land where more than half of the number of properties are on the minimum payment.

GRV General Valuation by the Valuer General

The Act determines that properties of a non-rural purpose be rated using the GRV as the basis for the calculation of annual rates. The VGO determines the GRV for all properties within the Shire. As per section 22 of the Valuation of Land Act 1978, the VGO also determines the frequency of general valuations although historically, the VGO has undertaken a GRV revaluation every three to five years with the most recent valuation occurring in September 2014 and effective from 1 July 2015. In October 2018, the VGO reviewed the Shire properties rated on GRV and these new valuations will be effective from 1 July 2019.

The rental value for a house or other GRV property is influenced by factors such as age, construction, size, car shelters, pools and locations. Interim valuations are provided fortnightly to the Shire by the VGO for properties where changes have occurred (i.e. subdivisions or strata title of property, amalgamations, building constructions, demolition, additions and/or property rezoning). In such instances the Shire recalculates the rates for the affected properties and issues interim rates notices.

Following receipt of the GRV valuation from the VGO, which will apply from the financial year 2019/20 onwards, the Shire adjusted the rate in the dollar to moderate the impact of the revaluation as there has been a significant impact for majority of properties. This has been achieved by calculating the rate in the dollar that will result in a rate yield from each rating category that is 1.75% higher than 2018/19 rate yield. The overall objective for the 2019/20 differential rating approach is an attempt to ease the burden of the GRV revaluation whilst ensuring that the required rates revenue to balance the budget is collected on an equitable basis, enabling the Shire to provide facilities, infrastructure and services to the entire community.

Impose 2019/20 Differential Rates

As part of the budget workshops with Council, it was identified that $22,798,521 of rates revenue was required to achieve a balanced budget in 2019/20.

Following deliberations at the Budget Workshop on 4 April 2019 and feedback provided by Councillors, minor amendments have been made to the draft budget documents. The draft budget documents included a proposed general rate increase of 1.75% for all differential rating categories. Rates modelling has been undertaken and adjustments in the proposed general rate in the dollar and minimum payments have been made with consideration to achieving a minimal rate increase given the current economic climate.

Differential Rate Category	Minimum Payment Proposed	Rate in the $ (Cents) Proposed
GRV – Residential	$1,220	10.8224
GRV – Vacant	$1,220	19.8104
GRV – Commercial/Industrial	$1,220	11.2119
GRV – Tourism	$1,220	14.6665
UV – Rural	$1,220	0.7623
UV – Mining	$500	11.7729
UV – Commercial Rural	$1,220	3.1875

The proposed rate in the dollar for each rating category is summarised in the table above and reflects a 1.75% increase in the rate yield of each rating category from the preceding year.

As a result of the UV to GRV review in 2016/17, the two-year phase out period of concessions granted on the localities of Coconut Well, 12 Mile and properties with a horticultural use concluded in 2018/19 and therefore concessions are no longer applicable in 19/20. The frequent valuation of UV properties, which reflects reduced values in line with service limitations in certain localities, already results in a fair and equitable rates methodology eliminating the need for concessions on rate in the dollar.

Instalment Interest, Penalty Interest, Other Administration Fees and Charges

Under section 6.51(1) of the Act, Council can charge interest on unpaid rates and rates on an instalment plan. The maximum interest rate for unpaid rates and other monies owed to Council is prescribed by Regulation 70 of the Local Government (Financial Management) Regulations 1996 (FMR) and is currently 11%. Instalment interest is set at 5.5% of the prescribed rate under FMR 68.

Under FMR 67, instalment charges are set to provide a full or partial reimbursement of administration costs. The individual instalment transaction fee of $10.00 is set to reflect the administration cost in handling the 2 or 4 instalment options provided to ratepayers.

A nominal $50.00 fee is proposed for administration costs incurred when actioning requests to enter into alternative payment arrangements which demand significant time for officers to process. The charge has been formulated to partially recover associated administration costs.

The proposed 2019/20 budgeted revenue of $369,500 for rates penalty interest, instalment and administration charges has been set at a comparable level to what was received in 2018/19, which is higher than 2018/19 revenue budget of $328,600. The growth in this revenue source of $34,453 prevented an additional 0.15% of general rate increase.

Interest and Instalments Charges		Interest Rate/ Charge		Total Charges
		Fee/Charge	Fee/Charge	Budget	Actual
Type of Interest Charge/Income		19/20	18/19	19/20	18/19
Interest on Rates Unpaid		11.00%	11.00%	$160,000	$139,048
Interest on Instalments Plan		5.50%	5.50%	$140,000	$131,534
Charges on Instalments Plans – Per Instalment after the first		$10.00	$10.00	$61,500	$58,540
Charge on Approved Payment Plan per Plan or Variation		$50.00	$50.00	$8,000	$5,925
Reissue Rate Notice		$25.00	$25.00	*	$0
Notice of Discontinuance		Actual cost	Actual cost	*	$0
Debt Clearance Letter		$25.00	$25.00	*	$0
Pensioner Deferred Rate Interest Income		**	**
	Totals			$369,500	$335,047

* Subject to variability of occurrence each year.

** Long term bond rate as determined under section 17(2) Rates and Charges (Rebates & Deferments) Act 1992.

Due Dates for the Payment of Rates and Treatment of Non-Payment of Debts

The following due dates for the payment of rates are proposed:

Instalment Option	Payment Due Date
Proposed rate notice issue date:	18 July 2019
Full Payment	22 August 2019
Two Instalment Option First instalment Second and final instalment	22 August 2019 9 January 2020
Four Payment Option First instalment Second instalment Third instalment Fourth and final instalment	22 August 2019 24 October 2019 9 January 2020 12 March 2020

Final comment

In summary, the report recommendation provides an overall rate yield of $22,798,521 and $369,500 in budgeted revenue for rates instalment fees, payment arrangements fees, penalty interest and fees and other charges. The general rate increase of 1.75% has been calculated to meet the demands of general costs increases, plus the impact of new projects identified during budget deliberations.

CONSULTATION

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

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

The Shire wrote to the 23 remaining properties in the UV – Commercial Rural rating category inviting public comments on the proposed differential rates pursuant to the requirement of the DLGSC for rating categories with less than 30 ratepayers.

Additionally, as part of the 21-day legislative requirement to provide local public notice, the Shire also wrote to ratepayers potentially impacted by the introduction of a single rating category for vacant properties. Written notice about the differential rates and object and reasons was sent out to the owners of vacant commercial and tourism properties in a manner similar to the consultation done with UV-Commercial ratepayers having less than 30 ratepayers in the rating category.

STATUTORY ENVIRONMENT

Local Government Act 1995

6.13. Interest on money owing to local governments

(1) Subject to any other written law, a local government may resolve* to require a person to pay interest at the rate set in its annual budget on any amount of money (other than rates and service charges) which —

(a) that person owes to the local government; and

(b) has been owed for the period of time referred to in subsection (6).

* Absolute majority required.

(2) A resolution under subsection (1) is to be included in the annual budget.

(3) The rate of interest that may be set by the local government under this section is not to exceed the rate for the time being prescribed as the maximum rate of interest that may be set for the purposes of this section.

(4) Where a local government imposes interest under subsection (1) on any outstanding amount of money the local government is not to also impose an additional charge in relation to that amount.

(5) Accrued interest is, for the purpose of its recovery, taken to form part of the money owed to the local government on which it is charged.

(6) A local government is not to impose interest on any amount of money under subsection (1) until the money has been owed to the local government for the period of time set by the local government in its annual budget (not being less than 35 days) after the date which is stated on the relevant account for payment as being the date the account was issued.

(7) Regulations may provide for the method of calculation of interest.

6.51. Accrual of interest on overdue rates or service charges

(1) A local government may at the time of imposing a rate or service charge resolve* to impose interest (at the rate set in its annual budget) on —

(a) a rate or service charge (or any instalment of a rate or service charge); and

(b) any costs of proceedings to recover any such charge,

that remains unpaid after becoming due and payable.

* Absolute majority required.

(2) The rate of interest that may be set by the local government under this section is not to exceed the rate for the time being prescribed as the maximum rate of interest that may be set for the purposes of this section.

(3) Accrued interest is, for the purpose of its recovery, taken to be a rate or service charge, as the case requires, that is due and payable.

(4) If a person is entitled under the Rates and Charges (Rebates and Deferments) Act 1992 or under this Act (if the local government in a particular case so resolves) to a rebate or deferment in respect of a rate or service charge —

(a) no interest is to accrue in respect of that rate or service charge payable by that person; and

(b) no additional charge is to be imposed under section 6.45(3) on that person.

(5) Regulations may provide for the method of calculation of interest.

[Section 6.51 amended by No. 1 of 1998 s. 21(1); No. 49 of 2004 s. 62.]

6.32. Rates and service charges

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

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

(i) uniformly; or

(ii) differentially;

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

(i) a specified area rate; or

(ii) a minimum payment;

and

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

* Absolute majority required.

6.33. Differential general rates

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

(a) the purpose for which the land is zoned, whether or not under a local planning scheme or improvement scheme in force under the Planning and Development Act 2005;

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

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

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

(2) Regulations may —

(a) specify the characteristics under subsection (1) which a local government is to use; or

(b) limit the characteristics under subsection (1) which a local government is permitted to use.

(3) In imposing a differential general rate a local government is not to, without the approval of the Minister, impose a differential general rate which is more than twice the lowest differential general rate imposed by it.

(4) If during a financial year, the characteristics of any land which form the basis for the imposition of a differential general rate have changed, the local government is not to, on account of that change, amend the assessment of rates payable on that land in respect of that financial year but this subsection does not apply in any case where section 6.40(1)(a) applies.

(5) A differential general rate that a local government purported to impose under this Act before the Local Government Amendment Act 2009 section 39(1)(a) came into operation 1 is to be taken to have been as valid as if the amendment made by that paragraph had been made before the purported imposition of that rate.

[Section 6.33 amended by No. 38 of 2005 s. 15; No. 17 of 2009 s. 39; No. 28 of 2010 s. 34.]

6.36. Local government to give notice of certain rates

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

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

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

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

(b) is to contain —

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

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

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

and

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

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

(5) Where a local government —

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

(b) proposes to modify the proposed rates or minimum payments after considering any submissions under subsection (4), it is not required to give local public notice of that proposed supplementary general rate, specified area rate, modified rate or minimum payment.

6.45. Options for payment of rates or service charges

(1) A rate or service charge is ordinarily payable to a local government by a single payment but the person liable for the payment of a rate or service charge may elect to make that payment to a local government, subject to subsection (3), by —

(a) 4 equal or nearly equal instalments; or

(b) such other method of payment by instalments as is set forth in the local government’s annual budget.

(2) Where, during a financial year, a rate notice is given after a reassessment of rates under section 6.40 the person to whom the notice is given may pay the rate or service charge —

(a) by a single payment; or

(b) by such instalments as are remaining under subsection (1)(a) or (b) for the remainder of that financial year.

(3) A local government may impose an additional charge (including an amount by way of interest) where payment of a rate or service charge is made by instalments and that additional charge is, for the purpose of its recovery, taken to be a rate or service charge, as the case requires, that is due and payable.

(4) Regulations may —

(a) provide for the manner of making an election to pay by instalments under subsection (1) or (2);

(b) prescribe circumstances in which payments may or may not be made by instalments;

(c) prohibit or regulate any matters relating to payments by instalments;

(d) provide for the time when, and manner in which, instalments are to be paid;

(e) prescribe the maximum amount (including the maximum interest component) which may be imposed under subsection (3) by way of an additional charge; and

(f) provide for any other matter relating to the payment of rates or service charges.

Local Government (Financial Management) Regulations 1996

19A. Maximum rate of interest prescribed (Act s. 6.13(3))

The maximum rate of interest to be imposed under section 6.13(1) is prescribed as 11%.

67. Additional charge for payment by instalments

For the purpose of determining the additional charge to be imposed where payment of a rate or service charge is made by instalments, the local government is to —

(a) have regard to the additional costs of administration; and

(b) consider the additional charge as a full or partial reimbursement of those costs and not a charge for the purpose of making a profit.

68. Maximum interest component in instalments — s. 6.45(4)(e)

The maximum rate of interest to be imposed under section 6.45(3) is prescribed as 5.5%.

[Regulation 68 amended in Gazette 18 Jun 1999 p. 2639; 20 Apr 2012 p. 1705; 29 Jun 2012 p. 2954.]

70. Maximum rate of interest on overdue rates and service charges — s. 6.51(2)

The maximum rate of interest to be imposed under section 6.51(1) is prescribed as 11%.

[Regulation 70 amended in Gazette 18 Jun 1999 p. 2640; 20 Apr 2012 p. 1705; 29 Jun 2012 p. 2954.]

POLICY IMPLICATIONS

2.2.4 Rating Policy

2.2.5 Debt Recovery Policy

3.4.9 Tourism Administration Policy

FINANCIAL IMPLICATIONS

As outlined, the proposed general rates increase of 1.75%, results in a total rate revenue yield of $22,798,521 and $369,500 in other rates interest, fees and charges.

RISK

Not implementing the differential general rates, minimum payments, rates instalment payment arrangements, and penalty interest and charges for the 2019/20 financial year will have implications for the 2019/20 budget adoption, and the ability to undertake Council operations and capital projects proposed for 2019/20. The financial impact is deemed Extreme being greater than $4,000,000 with likelihood Almost Certain in the event of non-adoption. To mitigate the overall Extreme risk rating, the budget and proposed rates have been previously workshopped with Council and supporting justification for the increases has been supplied to allow Council to make an informed decision when adopting the imposition of the rates.

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

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

Affordable and equitable services and infrastructure

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

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council, in accordance with sections 6.32, 6.33, 6.34 and 6.35 of the Local Government Act 1995, for the purpose of yielding the deficiency in the 2019/20 Annual Budget:

a) Imposes the following Differential General Rates and Minimum Payment on Gross Rental Value (GRV) and Unimproved Value (UV) rateable land as follows:

*DIFFERENTIAL RATE CATEGORY*	*RATE IN THE DOLLAR* *(cents)*	*MINIMUM PAYMENT*
*Residential (GRV)*	*10.8224*	*$1,220*
*Vacant (GRV)*	*19.8104*	*$1,220*
*Commercial (GRV)*	*11.2119*	*$1,220*
*Tourism (GRV)*	*14.6665*	*$1,220*
*Mining (UV)*	*11.7729*	*$500*
*Rural (UV)*	*0.7623*	*$1,220*
*Commercial Rural (UV)*	*3.1875*	*$1,220*

b) Nominates the following due dates for the payment of rates in full and by instalments pursuant to section 6.45 of the Local Government Act 1995 and Regulation 64(2) of the Local Government (Financial Management) Regulations 1996:

Rates notice issue date: 18 July 2019

Full payment due date: 22 August 2019

Two Payment Option:

1^st instalment due date 22 August 2019

2^nd instalment due date 9 January 2020

4 Instalments option:

1^st instalment due date 22 August 2019

2^nd instalment due date 24 October 2019

3^rd instalment due date 9 January 2020

4^th instalment due date 12 March 20

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	2019-20 Rates Model Council Endorsed 18 April 2019
2.	2019-20 Differential Rating Objects and Reasons Council Endorsed 18 April 2019
3.	2019-20 Ministerial Approval Differential General Rates & Minimum Payments

Item 9.4.5 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT MAY 2019

9.4.5 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT MAY 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 31 May 2019

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 May 2019, 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 91.78%

Total Rates Raised Revenue 100% (of which 96% has been collected)

Total Other Operating Revenue 61%

Total Operating Expenditure 81%

Total Capital Revenue 64%

Total Capital Expenditure 56%

Total Sale of Assets Revenue 25%

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 D Male Seconded: Cr M Fairborn

That Council:

1. Adopts the Monthly Financial Activity Report for the period ended 31 May 2019; and

2. Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 31 May 2019.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Statement of Financial Activity - May 2019
2.	Schedule 2
3.	Schedule 3 - 14

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

10.1 YAWURU PARK COUNCIL MEETING MINUTES 15 MAY 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: NAT55.1; NAT55.3

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 28 May 2019

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 15 May 2019.

BACKGROUND

Previous Considerations

OMC 28 September 2017 Item 10.1

OMC 22 February 2018 Item 10.3

OMC 28 June 2018 Item 10.1

OMC 25 October 2018 Item 10.1

OMC 13 December 2018 Item 10.1

OMC 30 May 2019 Item 13.1

The YPC has been formed in accordance with the two Yawuru Indigenous Land Use Agreements (ILUAs) and is comprised of Yawuru Registered Native Title Body Corporate/Nyamba Buru Yawuru Representatives (Yawuru), delegates from the Department of Biodiversity, Conservation and Attractions (DBCA) and Shire of Broome representatives. Through the YPC, these three organisations are responsible for jointly managing land within the Yawuru Conservation Estate in accordance with the ILUAs.

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

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, Chief Executive Officer and Director Development and Community.

Shire Proxies: Cr Elsta Foy, Coordinator Strategic Planning and Land Tenure Officer

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 endorsement at the Ordinary Meeting of Council (OMC) on 30 May 2019 which included minutes for the YPC meeting held on 8 April 2019. Since the OMC on 30 May 2019, the YPC met on 15 May 2019.

COMMENT

YPC Meeting - 15 May 2019

The agenda (Attachment 1) and minutes (Attachment 2) of the YPC meeting held on
15 May 2019 are attached. At the meeting, the YPC considered the following items:

3. Matters across all tenure (Yawuru, DBCA, Shire)

3.1 Heavy duty gate installations for restricting vehicle access – Juliri and Jilbanung (Cable Beach sand dunes)

REPORT RECOMMENDATION:

That Yawuru Park Council:

1. Endorses the project and grants expenses, to a maximum of $11,700, to be paid from the YPC Trust account (if required).

2. Requests the Department of Biodiversity, Conservation and Attractions (DBCA) and Yawuru Rangers consult the Yawuru Cultural Reference Group regarding the proposed Aboriginal heritage signage to be installed near Jilbanung

3. Requests the DBCA to prepare a communication plan with regards to the proposed restricted access.

Moved: Jacquie Jankowski Seconded: Eduardo Maher

FOR:

AGAINST:

This item proposes to install 2x heavy duty gates to restrict unauthorised vehicle access over the sand dunes along two tracks north of Cable Beach.

Unauthorised vehicles utilise these 2 tracks to ingress / egress Cable Beach through environmentally and culturally sensitive areas. Gates previously installed at these locations have been destroyed by vehicles either ramming or dragging the gates off their footings. Timber posts have been removed by chainsaw.

It is proposed to install heavy duty gates (locked) at Jilbanung and Juliri, approach signage advising ‘locked gate ahead, turn back’, will be placed along the track before the gates.

4. Minyirr Buru (In-Town Conservation Estate) (Yawuru & Shire)

4.1 DEMCO – asbestos contamination, ongoing concern

REPORT RECOMMENDATION:

That Yawuru Park Council directs the YPC Working Group to write to the Department of Premier and Cabinet (DPC), advising that Asbestos Containing Material (ACM) has been identified on Reserve 51304 (Yawuru Conservation Estate) and Lot 604 on Deposited Plan 76204 (to be transferred to Yawuru) presenting a current public health risk at the site and requesting that the State:

a. Either fund or offer to reimburse the costs to engage a qualified accredited contaminated site consultant to complete a preliminary site investigation for the DEMCO Reserve 51304 and Lot 604 Deposited Plan 76204, in particular areas where works are proposed, including proposed management measures and remediation strategies (as per Attachment 3).

b. commit to undertaking a full site remediation of Reserve 51304 and Lot 604 on Deposited Plan 76204 by 30 June 2020.

Moved: Eduardo Maher Seconded: Andre Stuyt

FOR:

AGAINST:

This report provided an update of the potential asbestos contamination at Demco, consisting of the following land:

· Reserve 51304 (Yawuru / Shire of Broome)

· Reserve 50978 (Shire of Broome)

· Reserve 45605 (Shire of Broome)

· Reserve 43206 (Shire of Broome)

· Lot 604 DP 76204 (State of WA to be transferred to Yawuru)

Following Tropical Cyclone’s Hilda, Joyce and Kelvin, along with the Tropical Low over a three-month period from December 2017 to February 2018, various properties and infrastructure throughout the townsite and Shire sustained damage, including the Demco and Simpson’s Beach drainage. The majority of damaged sustained at Demco is contained within Reserve 51304.

Recently, the Shire Environmental Health Officer undertook a comprehensive review of previous site investigations and sampling undertaken at Demco. The investigations did not encompass all lots, were targeted based on known contamination and the sampling regime did not satisfy the current site investigation requirements under the Contaminated Sites Act, in particular the sampling and analysis for fibrous asbestos and asbestos fibres.

This report recommended, in order to determine the level of ACM contamination at Demco that a qualified accredited contaminated site consultant is engaged to complete a preliminary site investigation as required under the Contaminated Sites Act for the Demco reserves, in particular areas where works are proposed, including proposed management measures and remediation strategies.

4.2 Minyirr Buru Fuel Management Plan

REPORT RECOMMENDATION:

That Yawuru Park Council endorse the Minyirr Buru Fuel Management Plan.

Moved: Craig Olejnik Seconded: Andre Stuyt

FOR:

AGAINST:

The Minyirr Buru Fuel Management Plan was prepared by Parks and Wildlife Service Fire Management in consultation with the Yawuru Park Council Working Group and presented for endorsement.

The fuel management plan covers the areas within the Minyirr Buru Conservation Park that lie within the township of Broome.

The intention of the fuel management plan is to provide direction on managing bushfire risk within the Minyirr Buru Conservation Park. It examines the background of the area, including important cultural and environmental considerations; assesses the bushfire risk and mitigation options; and proposes measures to mitigate that risk plus guidance for suppression measures. While the plan does discuss some fuel reduction measures, it does not provide actual burn prescriptions which need to be prepared before any prescribed burning takes place.

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

5.1 Nil

6. Birragun (Out-of-Town Conservation Estate) (Yawuru and DBCA)

6.1 Nil

7. Reports

7.1 Financial Statement

Royalties for Regions (Operational) April 2019:

· YTD Actual $690,640

· YTD Budget $1,099,993

· YTD percentage spend 63%

Yawuru Trust Account (Capital) April 2019:

· YTD Actual $0

· YTD Budget no budget – pending prioritisation of capital projects

· YTD percentage spend -3% (Interest accrued $15,809)

CONSULTATION

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

STATUTORY ENVIRONMENT

Local Government Act

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

The Minyirr Buru Fuel Reduction Plan schedule of works includes an obligation for the Shire to undertake roadside slashing along Old Broome Road, maintain drainage swales in Minyirr Park and roadside slashing along Gubinge Road.

It is estimated the cost to the Shire will be approximately $5,000 per annum and will form part of annual ongoing maintenance works.

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

A built environment that reflects tropical climate design principles and

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

A preserved, historical and cultural heritage of Broome

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

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Fairborn

That Council notes the minutes of the Yawuru Park Council meeting held 15 May 2019.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	YPC Agenda and items
2.	Draft Minutes Meeting 42_15 May 2019

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

10.2 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 13 MARCH 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: EMM06

AUTHOR: Executive Support Officer - Development and Community

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 29 May 2019

SUMMARY: This report presents the minutes and associated recommendations of the Bush Fire Advisory Committee meeting held on 13 March 2019 for Council’s consideration.

BACKGROUND

Previous Considerations

Nil.

The Bush Fire Advisory Committee (BFAC) meets quarterly to provide advice to the Shire of Broome on:

1. All matters relating to the prevention, controlling and extinguishing of bushfires.

2. The planning and layout of fire breaks in the district.

3. Prosecutions for breaches of the Bush Fires Act 1956.

4. The formation of Bush Fire Brigades.

5. Coordination and cooperation between agencies within the district.

COMMENT

The minutes of the BFAC meeting held on 13 March 2019 are included as Attachments 1 to 3 of this report.

At the meeting, the BFAC discussed the following items:

Item 5.1 Bush Fire Advisory Committee (BFAC) Contact List

Members were reminded to send any changes/additions to the BFAC Secretariat for the 2019 BFAC Contact List (see confidential Attachment 2).

Item 5.2 Status Report

The 2019 Status Report was discussed (see Attachment 3) – there are currently no outstanding items on the Status Report.

Item 5.3 Updates from BFAC members

A round table discussion was conducted allowing Committee members to give an update on their agencies, and any relevant matters.

Summary

There were no items arising at the meeting for Council to consider. Therefore, it is recommended that Council receive the minutes of the BFAC meeting held on 13 March 2019.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Bush Fires Act 1956

Section 67. – Advisory committees

1. A Local Government may at any time appoint such persons as it thinks fit as a Bush Fire Advisory Committee for the purpose of advising the Local Government regarding all matters relating to the prevention, controlling and extinguishing of bush fires, the planning of the layout of firebreaks in the district, prosecutions for breaches of this Act, the formation of bush fire brigades and the grouping thereof under group brigade officers, the ensuring of co-operation and co-ordination of bush fire brigades in their efforts and activities, and any other matter relating to bush fire control whether of the same kind, as, or a different kind from, those specified in this subsection.

2. A committee appointed under this section shall include a member of the Council of the Local Government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be Chairman thereof.

3. In respect to a committee so appointed, the Local Government shall fix the quorum for the transaction of business at meetings of the committee and may:-

(a) make rules for the guidance of the committee;

(b) accept the resignation in writing of, or remove, any member of the committee, appoint a person to fill that vacancy.

(c) where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.

4. A committee appointed under this section:-

(a) may from time to time meet and adjourn as the committee thinks fit;

(b) shall not transact business at a meeting unless the quorum fixed by the Local Government is present;

(c) is answerable to the Local Government and shall, as and when required by the Local Government, report fully on its activities.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

RISK

Nil

STRATEGIC IMPLICATIONS

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

Effective communication

Accessible and safe community spaces

A healthy and safe environment

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Marriott Seconded: Cr C Mitchell

That Council receives the minutes of the Bush Fire Advisory Committee meeting held on 13 March 2019.

CARRIED UNANIMOUSLY 7/0

Attachments

Unconfirmed Minutes of the Bush Fire Advisory Committee 13 March 2019

BFAC Contact List (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”.

BFAC Status Report

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

10.3 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 13 MARCH 2019

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: EMS02

AUTHOR: Executive Support Officer - Development and Community

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development and Community

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 29 May 2019

SUMMARY: This report presents the minutes and associated recommendations of the Local Emergency Management Committee meeting held on 13 March 2019 for Council’s consideration.

BACKGROUND

Previous Considerations

Nil.

The Local Emergency Management Committee (LEMC) is established by Council under section 38 of the Emergency Management Act 2005 (Act). In accordance with section 39 of the Act, the functions of the LEMC are:

(a) to advise and assist the local government in assuring that local emergency management arrangements are established for its district;

(b) to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c) to carry out other emergency management activities as directed by the State Emergency Management Committee, or prescribed by the Emergency Management Regulations 2006.

COMMENT

LEMC meeting on 13 March 2019

The minutes of the LEMC meeting held on 13 March 2019 are included as Attachments 1 to 6 of this report.

At the meeting, the LEMC discussed the following:

Item 5.1 Local Emergency Management Committee (LEMC) Document Updates

Members were reminded to send any changes/additions to the LEMC Secretariat for the following documents:

· Contact List (see confidential Attachment 2)

· Resource Register (see confidential Attachment 3)

· Incident Report (none to report)

· Training Schedule (see confidential Attachment 4)

Item 5.2 Status Report

The 2019 Status Report was discussed (see Attachment 5)

Item 5.3 Horizon Power Update

Horizon Power provided an update on their media campaign ‘Stay 10m away’ and discussed a recent spate of vandalism to meters. (see Attachment 6)

Item 5.4 Update from LEMC Members

A round table discussion was conducted allowing Committee members to give an update on their agencies, and any relevant matters.

Summary

There were no items arising at the meeting for Council to consider. Therefore, it is recommended that Council receive the minutes of the LEMC meeting held on 13 March 2019.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Emergency Management Act 2005

Section 36. Functions of local government

It is a function of a local government —

(a) subject to this Act, to ensure that effective local emergency management arrangements are prepared and maintained for its district;

(b) to manage recovery following an emergency affecting the community in its district; and

(c) to perform other functions given to the local government under this Act.

38 Local emergency management committees

(1) A local government is to establish one or more local emergency management committees for the local government’s district.

(2) If more than one local emergency management committee is established, the local government is to specify the area in respect of which the committee is to exercise its functions.

(3) A local emergency management committee consists of —

(a) a chairman and other members appointed by the relevant local government in accordance with subsection (4); and

(b) if the local emergency coordinator is not appointed as chairman of the committee, the local emergency coordinator for the local government district.

(4) Subject to this section, the constitution and procedures of a local emergency management committee, and the terms and conditions of appointment of members, are to be determined by the SEMC.

39 Functions of local emergency management committees

The functions of a local emergency management committee are, in relation to its district or the area for which it is established —

(a) to advise and assist the local government in ensuring that local emergency management arrangements are established for its district;

(b) to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c) to carry out other emergency management activities as directed by the SEMC or prescribed by the regulations.

Section 41 Emergency management arrangements in local government district

(1) A local government is to ensure that arrangements (local emergency management arrangements) for emergency management in the local government’s district are prepared.

(2) The local emergency management arrangements are to set out —

(a) the local government’s policies for emergency management;

(b) the roles and responsibilities of public authorities and other persons involved in emergency management in the local government district;

(c) provisions about the coordination of emergency operations and activities relating to emergency management performed by the persons mentioned in paragraph (b);

(d) a description of emergencies that are likely to occur in the local government district;

(e) strategies and priorities for emergency management in the local government district;

(f) other matters about emergency management in the local government district prescribed by the regulations; and

(g) other matters about emergency management in the local government district the local government considers appropriate.

(3) Local emergency management arrangements are to be consistent with the State emergency management policies and State emergency management plans.

(4) Local emergency management arrangements are to include a recovery plan and the nomination of a local recovery coordinator.

(5) A local government is to deliver a copy of its local emergency management arrangements, and any amendment to the arrangements, to the SEMC as soon as is practicable after they are prepared.

Section 42 Reviewing and renewing local emergency management arrangements

(1) local government is to ensure that its local emergency management arrangements are reviewed in accordance with the procedures established by the SEMC.

(2) Local emergency management arrangements may be amended or replaced whenever the local government considers it appropriate.

Section 43 Local emergency management arrangements to be available for inspection

(1) A local government is to keep a copy of its local emergency management arrangements at the offices of the local government.

(2) The arrangements are to be available for inspection, free of charge, by members of the public during office hours.

(3) The arrangements may be made available in written or electronic form.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

RISK

Nil

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

A healthy and safe environment

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Effective community engagement

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr C Marriott

That Council receives the minutes of the Local Emergency Management Committee held on 13 March 2019.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Unconfirmed Minutes of the Local Emergency Management Committee 13 March 2019
2.	LEMC Contact List 2019 (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”.*
3.	LEMC Resource Register 2019 (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
4.	LEMC Training Schedule 2019 (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
5.	Status Report
6.	Horizon Power Update

Minutes – Ordinary Meeting of Council 27 June 2019 Page 0 of 1

10.4 MINUTES OF THE JOINT MEETING OF THE KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD 11 JUNE 2019

LOCATION/ADDRESS: Kimberley Region

APPLICANT: Nil

FILE: OGS03

AUTHOR: Executive Assistant to the CEO

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 18 June 2019

SUMMARY: This report presents for Council endorsement of the Minutes from the Joint Meeting of the Kimberley Zone of the Western Australian Local Government Association (WALGA) and the Kimberley Regional Group held on 11 June 2019.

BACKGROUND

Previous Considerations

OMC 13 December 2018 Item 12.2

OMC 18 April 2019 Item 10.1

OMC 30 May 2019 Item 10.2

A copy of the minutes from the joint meeting held 11 June 2019 between members of the Kimberley Zone of WALGA (Zone) and the Kimberley Regional Group (KRG) is attached for Council consideration (Attachment 1).

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

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

The KRG is a group defined through a deed of agreement between the four Kimberley local governments with the Minister for Local Government.

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

COMMENT

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

8.1 PROPOSED MEETING CHANGES – 30 JULY 2019 AND 3 DECEMBER 2019 JOINT MEETINGS

This item proposed a change of date for the 30 July 2019 Joint Meeting to coincide with the WALGA Local Government Convention and recommended that the proposed 3 December 2019 Joint Meeting is moved from Darwin to Kununurra.

The item was carried.

8.2 PROPOSED MEETING SCHEDULE – AUGUST 2019 JOINT MEETING

This item provided an update on potential Ministerial meetings and meetings with Director Generals in Perth in conjunction with the August Zone meeting. Whilst not all members have responded to meeting requests, the priority meetings to date include:

· Department of Justice;

· Minister for Transport; Planning;

· Minister for Education and Training;

· Treasurer; Minister for Finance; Aboriginal Affairs; Lands;

· Minister for Tourism; Racing and Gaming; Small Business; Defence Issues; Citizenship and Multicultural Interests; and

· Director General Communities.

The item was noted by the KRG.

9.1 KIMBERLEY REGIONAL GROUP FINANCIAL ACTIVITY STATEMENT APRIL 2019

This report presented the KRG Financial Activity Report for the period ended 30 April 2019. the report recommended that the KRG noted the Financial Activity Report and the $285,317.45 surplus as at 30 April 2019.

The item was carried.

9.2 alcohol management

This report provided an overview to the group on the activity undertaken by each Shire in relation to Alcohol Management. The KRG resolved the following:

KIMBERLEY REGIONAL GROUP Resolution:

(Report Recommendation)

Moved: Cr G Haerewa Seconded: Cr M Edwards

That the Kimberley Regional Group:

1. Notes the status report provided;

2. Notes the current status of funding investigations for a Takeaway Alcohol Management System;

3. Notes the agreement to use contract support to continue to progress funding for a Takeaway Alcohol Management System;

4. Notes that the development of a Kimberley wide branding, monitoring and communications strategy would be beneficial to the implementation of alcohol management initiatives throughout the region;

5. Approves the formation of an Alcohol Management Regional Technical Advisory Group consisting of relevant officers from each member Shire to progress the implementation of Alcohol Management initiatives in a coordinated manner.

CARRIED UNANIMOUSLY 4/0

9.3 CATTLE ON ROADS POSITION PAPER

This item provided a KRG position in relation to the reduction in the number of cattle on Primary Distributor Roads in the Kimberley.

The number of cattle on Primary Distributor roads in the Kimberley continues to be a major road safety concern. The KRG have been attempting to progress the development of solutions to this issue and at the 4 December 2018 Joint Meeting resolved to investigate strategies to improve fencing including employment creation opportunities.

The KRG Executive Officer developed a draft position paper for consideration of the KRG.

The item was carried.

9.4 TANAMI ROADS COMMUNICATIONS PLAN

This item presented to the KRG a Communications Plan for the Tanami Road focusing on retention of the funding across the forward estimates.

The item was carried.

9.5 GOVERNANCE MANUAL

The KRG Strategic Community Plan and Regional Business Plan identified a number of procedures to provide more detail than is contained in the KRG Memorandum of Understanding. A Governance Manual has been prepared to address the low-level procedural issues and it was proposed that the document be introduced and trialled by the group over a 6 month period.

The item was carried.

9.6 UPDATE ON THE 2019 PILBARA KIMBERLEY FORUM

This item provided a progress update on the Joint Pilbara Kimberley Forum which was held on 10 June 2019 and confirmed representation from organisations across the Pilbara/Kimberley.

The item was noted.

9.7 REGIONAL BUSINESS PLAN STATUS UPDATE

This report provided an overview of the activity undertaken by the consultant to support the activities of the Zone.

The Strategic Community Plan and Regional Business Plan for the period 2018-2022 was adopted in December 2019.

A Status Report was presented to the KRG which updated members on progress towards the achievement of the Regional Business Plan for items identified for completion by end of 2020 Financial Year.

This item was noted.

9.8 ATEA CONSULTING EXECUTIVE REPORT – APRIL 2019

This report provides an overview of the activity undertaken by the Executive Consultant to support the activities of the Kimberley Zone and KRG for the period 1 April 2019 to 30 April 2019.

This item was noted.

9.9 youth strategy and action plan

This report provided an update on activity in relation to the KRG Youth Strategy and Action Plan and the link to the KRG Community Strategic Plan.

At the April 2019 meeting the KRG resolved to survey members to determine current priorities with a view to mapping the outcomes against the KRG Strategic Community Plan and Business Plan. The survey was distributed to members in May 2019 and all Shires responded.

The highest priorities related to education, employment and safety. Priorities mapped between the Youth Strategy Action Plan and the projects identified in the KRG Strategic Community Plan and Business Plan and were presented to the KRG.

This item was noted.

10. CORRESPONDENCE

3 items of correspondence were received:

1. Minister for Regional Development; Agriculture and Food; Minister assisting the Minister for State Development, Jobs and Trade: Response regarding KRG Position on the review of Pastoral Lands Tenure

2. Treasurer; Minister for Finance; Energy; Aboriginal Affairs: Response to the KRG regarding the Take Away Alcohol Management System

3. Main Roads: Pastoral Animal Hazard Advisory Group and Associated Activities

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

As a member of the KRG the Shire of Broome commits funds to regional initiatives by way of a financial contribution towards the group. The budget forecasts a member contribution of $51,500. $55,000 has been allocated to Kimberley Zone Member Contributions within the Shire’s 2018/19 Budget. $50,000 has been allocated to Kimberley Zone Member Contributions in the Shire’s Draft 2019/20 Budget.

Historically members have also contributed “seed funding” to allow the group to undertake priority projects identified within the KRG Regional Business Plan. As there was an identified surplus this seed funding contribution was not required in 2018/19.

There may be some financial impact relating to the attendance of Council representatives at Zone meetings. Funds to facilitate attendance are allocated during the annual budget cycle.

RISK

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

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

A healthy and safe environment

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

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

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

Affordable and equitable services and infrastructure

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

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

Sustainable and integrated strategic and operational plans

Responsible resource allocation

Improved systems, processes and compliance

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council receives and endorses the resolutions of the Kimberley Zone of WALGA and Kimberley Regional Group as attached in the minutes from the Joint Meeting held 11 June 2019 en bloc.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Kimberley Zone Meeting Minutes - 11 June 2019

1.	Lot 560 561 Crab Creek Road
2.	Lot 590 McGuigan Road
3.	Lot 512 Broome Road Skuthorpe
4.	Draft RRRP In Principle Support Agreement (SoB-15.03.19)
5.	Attachment Two Regional Resource Recovery Park Peer Review Process Outline
6.	Opteon A1G1 Valuation Report Jan 2018
7.	Lot 544 Crab Creek Road
8.	Desktop Review of Site D2

1.	Monthly Payment Listing May 2019
2.	Local Spend Payment Listing May 2019