Minutes of Ordinary Meeting - Thursday, 18 November 2021

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 18 November 2021, COMMENCING AT 5:00 PM.

1. Official Opening

The Chairperson welcomed Councillors, officers and members of the public and declared the meeting open at 5:02pm.

2. Attendance and Apologies

ATTENDANCE

Councillors:	Cr H Tracey	Shire President
	Cr D Male	Deputy Shire President
	Cr P Matsumoto
	Cr C Mitchell
	Cr B Rudeforth
	Cr P Taylor
	Cr N Wevers

Apologies:	Nil


Leave of Absence:	Cr E Foy	Approved at Item 6


Officers:	Mr S Mastrolembo	Chief Executive Officer
	Mr J Watt	Director Corporate Services
	Mr J Hall	Director Infrastructure
	Mr K Williams	Director Development Services
	Mr D Kennedy	Manager Governance, Strategy & Risk
	Mr G McKnight	Marketing & Communications Coordinator
	Miss K Cookson	Senior Administration & Governance Officer

Media:	S Tomlin	ABC




Public Gallery:	M Teoh	Dinosaur Coast Management Group
	P Benjamin
	C Gulman
	E Gulman
	D Bennett
	B Renkin
	R Strain
	C Leahy
	K Stewart

3. Announcements By President Without Discussion

NIL.

4. Declarations Of Interest

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr Male	9.2.2	Development Application – Warehouse – Addition of Sea Containers	Family own a hardware business.
Cr Mitchell	9.2.3	Cable Beach Vehicle Ramp Closure	Co-ordinator of a volunteer based Wildlife Rescue Group.

5. Public Question Time

The following questions were received by Dianne Bennett prior to the meeting:

I walk my dogs on the beach every day and have been frustrated and disheartened at the damage done by irresponsible illegal campers- hot fires left, taking wood in a conservation park, toilet paper and rubbish left, rudeness to others using the car parks. I am told that once upon a time the Shire Rangers would be seen over such incidents, but I have never seen any, it seems the word has spread that anything goes on Broome’s beaches and car parks, including respect for others.

Question One (1)

What action (not just words or wishes) is the Shire taking against illegal campers?

Answer provided by Keith Williams, Director Development Services

The Shire of Broome’s Community Safety and Ranger service have and continue to undertake patrols of known illegal camping hot spots around Broome in an attempt to reduce illegal activity, including patrols later in the evening and earlier in the morning. Illegal camping was a particular focus during the dry/tourist season this year with unprecedented numbers of vehicle-based travelers descending on Broome. Rangers have employed an education first approach with enforcement; however, 24 written warnings and 114 infringements have been issued this season. This is 3 times more than 2020 and 4 times more than the average over the last 5 years.

The Shire works as part of the Yawuru Park Council (Shire of Broome, Yawuru and the Department of Biodiversity, Conservation and Attractions) to manage various Reserves and Conservation Estates in and around Broome. There have been many challenges this year with the volume of vehicle-based travelers misusing these areas, however the Shire, Yawuru and DBCA Rangers have been working together to attempt to minimise these impacts where possible. The Shire has also partnered with the WA Police to undertake joint patrols for antisocial behavior and worked together to attempt to curtail the occurrence of “bush doofs” in the area.

The Shire also actively engages with other land managers such as the Broome Port Authority and has regular engagement with WA Police to ensure compliance and enforcement.

Question Two (2)

The Shire lists phone numbers to call Rangers on - I call it but there is no answer and even when I leave a message no one calls me back. Is this in accordance with the Shire Customer Service Standards?

Answer provided by Keith Williams, Director Development Services

The Shire of Broome’s Customer Service Charter states that if you contact the Shire by phone and no one is available that you should expect a return call within two working days.

Currently the Shire of Broome does not run a 24/7 on-call service. Outside of rostered hours a voicemail message service operates with calls generally returned the next business day. There have been some recent issues with the operation of this voicemail service, and we are working with the provider to ensure that all messages left are able to be retrieved.

Question Three (3)

I understand there are only 2 Ranger staff one of whom is a manager - how many Rangers should the Shire have, and what is being done to find more staff?

Answer provided by Keith Williams, Director Development Services

The current allocation of staffing to the Community Safety and Ranger service is 1 x Coordinator, 1 x Senior Ranger and 3 x Rangers. As with many employers in recent times, the Shire has not been immune to recruitment challenges and has been operating short staffed for a period this year. Labour hire has been engaged for periods while recruitment processes were being undertaken to attempt to alleviate these impacts. The recent appointment and commencement of the new Coordinator Community Safety and Rangers has bolstered capacity and the pending appointment of a new Ranger will see the service back to full staffing in the near future.

External resources such as security guards have also been engaged where appropriate.

The following question was received by Perry Benjamin prior to the meeting:

With regards to motion 9.2.3 and considering that:

All marine turtles in WA are protected and are a vulnerable species therefore the Broome community needs to assist in increasing their numbers and their continued survival.
Protection of marine turtles is a management objective of the Yawuru Conservation and Marine Parks. November is just as much a major nesting month as December for flatback turtles on Cable Beach.

Flatback turtles are listed as data deficient because it takes around 20 years for turtles to mature and possibly only 1 in a 1000 hatchlings survives to reach maturity.
Only 20 monitored nests hatched in the 2020-21 season and these monitored nests did not produce more than 40 hatchlings thus only producing an estimated 800 hatchlings in total for the season ... a bleak future for flatbacks if this continues.

YPC will not receive startling science and data on vehicle impact on nesting turtles collected in the 2021-22 season as the turtle life cycle takes 30 or more years to complete and will only add to what has already been collected on the negative impact of vehicles.

While it is true there is a long history of driving on Cable Beach past practice does not mean best practice and considering the beach will be open for 8 months of the year to drive and taking into consideration all of the above the only conscionable motion is to close the beach from November to February ... collect the data over the next 20 years ... review the science and data in 2042 and see if the restriction of vehicles during turtle nesting has made any difference to nesting and hatching.

Question One (1)

My question is why wouldn't the council make the "big" call now for 2022-23 and close Cable Beach from November to February as you will still receive just as much flack as with the December to January closure, there is far more substantial data can begin to be collected on the impact of vehicles and you certainly will receive the cudos from the community for making the right call?

Answer provided by Keith Williams, Director Development Services

Cable Beach is part of the Yawuru Conservation Parks, jointly managed by Nyamba Buru Yawuru (NBY), Department of Biodiversity, Conservation and Attractions (DBCA) and the Shire of Broome.

The Yawuru Parks Council (YPC) is made up of members from Nyamba Buru Yawuru, DBCA and the Shire of Broome

Following a review this year, the YPC has determined to support, in principle, new access ramp closures for the whole of December and January each year, commencing December 2022

In the interim, a range of actions will be introduced in keeping with conservation and recreation strategies of the Conservation Parks, including an upgrade of associated signage and a series of communications to raise public awareness of marine turtles nesting on Cable Beach and the joint management interventions to protect them

Augmenting the signage and communications will be data collection:

· A traffic counter on the Cable Beach access ramp, recently installed by the YPC working group, will remain permanently in place to provide access data to the YPC, including vehicle numbers accessing the beach during the 2021/22 nesting season.

· Additional data collection via the Cable Beach Community Turtle Monitoring Program will account for systematic data set on the presence and pressures of vehicles on Cable Beach to the turtle rookery during the 2021/22 nesting season

Assessment and analyses of the data collection and community engagement on all aspects of use of the ramp and beach access will be undertaken after this year’s turtle nesting season

The YPC will consider the data available to it with a report to be presented to the YPC in June 2022

Further consideration will be made by Council after the YPC considers the data and engagement results

The following questions were received by Brendan Renkin prior to the meeting:

Question One (1)

Based on the electoral roll prepared for the most recent Shire election, what percentage of electors for the Town ward list in their address:

a) no PO Box
b) C/o Broome Post Office

What is the total of (a) and (b) as a percentage of the overall number of electors on the roll?

What percentage of electors on the Owners and Occupiers roll returned mail in ballot papers that had been sent to the listed address in time to be counted?

Answer provided by James Watt, Director Corporate Services

There were 6,495 people registered on the State Electoral Roll for the recent election. 1,089 or 16% had only a residential address recorded. 79 or 1.2% had a residential address and a Postal Address of C/O Post Office, Broome for a total percentage of 17.2%.

On the Owners and Occupier Roll there were 499 electors on the Broome Ward and 24 electors on the Dampier Ward.

223 ballot papers (44.7%) were returned for the Broome Ward and 4 ballot papers (16.7%) for the Dampier Ward.

Question Two (2)

Despite the efforts of the Shire in promoting the recent Shire election and encouraging people to vote, the total number of voters was around 30 percent of the electorate, meaning Councillors get elected with relatively little votes as a percentage of total voters.

Is it the Shire’s responsibility to increase the voter turnout? And if so, what further actions is the Shire planning to take to encourage electors to vote?

Answer provided by James Watt, Director Corporate Services

Voting in local government elections is voluntary so it remains a shared community responsibility to promote and encourage electors to exercise their democratic right.

The Shire will continue to implement local government reforms as directed by the Minister for Local Government aimed at increasing participation turnout.

This was summarised in the May 2020 Local Government Act Review Panel Final Report which noted the following:

“The Panel noted that the introduction of compulsory voting was previously recommended by the Robson Review and was suggested by several submissions, but believes that before this change is considered, recommendations contained within this report should be implemented to increase voter participation and possibly negate the need for the introduction of compulsory voting”

During the last election the Shire promoted the election heavily on the Shire’s official website. The election featured multiple times in the Shire News page in the Broome Advertiser and was promoted in the Shire e-Newsletter that was opened by 1267 recipients. 21 Facebook posts were issued during the election period, reaching a total of 25,547 users. In addition to this, all the aboriginal communities were contacted, and this year participated in the Dampier Ward election.

The WAEC have not issued their final report for this years election but the Shire’s participation rate is comparable with other local governments.

The following question was submitted by Brendan Renkin prior to the Ordinary Meeting of Council 18 November 2021 but was unable to be answered during public question time. The Shire’s administrative response is provided below.

Question One (1)

On what basis does the Shire calculate the overall costs of infrastructure construction for the full life cycle of the infrastructure? Do these calculations appear in any documents that are publicly accessible?

Answer provided by Jeremy Hall, Director Infrastructure

The whole of life costs for infrastructure projects are factored into the projects business case, the business case takes into account the whole of life costs associated with the planning, acquisition, operation, maintenance, renewal and eventually the assets disposal.

Each infrastructure project is unique and in general we seek the guidance of industry professionals for the projected ongoing maintenance costs i.e. type and frequency of maintenance and useful life etc.

A recent example is the Town Beach Jetty whereby the Shire sought the advice of MP Rogers to provide the ongoing monitoring and maintenance plans for the asset. The costs associated with the maintenance plan maintenance are then captured within the Resource based budget, the renewal costs are captured within the Shire’s Asset Management Plan and intern the Long Term Financial Plan.

The following question was raised by Claire Gulman and was taken on notice. A response will be provided in the Agenda of the next Ordinary meeting of Council to be held 16^th December 2021.

Question One (1)

I was poisoned by Roundup in Hawaii. Why does the Shire not have proper signage when spraying and why are the Shire spraying Roundup at 10:00am in the morning when people are swimming in the waterpark at Town Beach?

6. Applications for Leave of Absence

Council Resolution:

Minute No. C/1121/002

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That Council grant Cr E Foy a Leave of Absence from Councillor duties inclusive of 18 November 2021 through to 22 November 2021.

CARRIED UNANIMOUSLY 7/0

7. Confirmation Of Minutes

Council Resolution:

Minute No. C/1121/003

Moved: Cr C Mitchell Seconded: Cr P Taylor

That the Minutes of the Ordinary Meeting of Council held on 14 October 2021, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

Council Resolution:

Minute No. C/1121/004

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That the Minutes of the Swearing in of Newly Elected Councillors of Council held on 18 October 2021, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

Council Resolution:

Minute No. C/1121/005

Moved: Cr C Mitchell Seconded: Cr P Taylor

That the Minutes of the Special Meeting of Council held on 28 October 2021, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 7/0

8. Presentations / Petitions / Deputations

There are no reports in this section.

9. Reports From Officers

9.1 People

9.1.1 MAMABULANJIN (KULLARRI PATROL) REQUEST FOR FUNDING

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE:

AUTHOR: Youth and Community Development Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY:

Mamabulanjin Aboriginal Corporation’s Kullarri Patrol service plays an important role in addressing community safety in Broome and the organisation is a key stakeholder in the Shire’s Community Safety Plan (2021 – 2025).

Through the delivery of the Kullarri Patrol service, Mamabulanjin continues to work alongside WA Police, the Shire of Broome and other service providers to tackle alcohol abuse and anti-social behaviour in public places.

Following the expiry of the Shire’s previous funding agreement, Mamabulanjin has requested a further three-year funding agreement towards its Kullarri Patrol and diversionary programs in Broome.

BACKGROUND

Mamabulanjin Aboriginal Corporation (Mamabulanjin) provides the Kullarri Patrol service in an effort to divert Indigenous people from unnecessary contact with the criminal justice system by picking them up and taking them to a “safe place”.

Since launching in 1992, the program has primarily focused on the provision of the safe transportation for intoxicated people, including transport home or to a designated safe place.

The Shire of Broome and Mamabulanjin entered into a Memorandum of Understanding (MOU) on 24 June 2016 with the Shire providing a contribution of $20,000 per annum across three financial years – 2015/16, 2016/17 and 2017/18 – towards the Kullarri Patrol service (Attachment 1).

Following the expiry of the MOU, Mamabulanjin requested a further three-year funding agreement to support its patrol and diversionary programs in Broome. The renewed contribution of $20,000 per annum for the financial years 2018/19, 2019/20, and 2020/21 was endorsed at the Council Meeting held on 30 May 2019. A funding agreement between the Shire and Mamabulanjin was signed on 26 June 2019 (Attachment 2).

As such, the agreement expired on 30 June 2021 and Mamabulanjin have formally requested a new funding arrangement with the Shire (Attachment 3).

COMMENT

The Shire of Broome recognises the important work Mamabulanjin, through the Kullarri Patrol does in Broome to minimise social disruption and improve safety to community members and visitors.

Mamabulanjin is a key stakeholder in the community safety sector, with Kullarri Patrol officers also offering a Return to Country and Food Rescue program.

Mamabulanjin have contributed to the development of the Shire’s Community Safety Plan (2021 – 2025), and their work spans several of the key priority themes including:

· Alcohol consumption and other drugs

· Anti-social behaviour in public places

· Itinerancy and rough camping

A deliverable within the Community Safety Plan states that the Shire will:

Advocate for increased grant funding and continue to consider Shire funding to support local service providers such as Kullarri Patrol and Broome Youth and Families Hub to extend safety patrol services for children, youth and adults.

Additionally, a Community Safety Working Group (CSWG) has been formed with Mamabulanjin listed as a key stakeholder in the CSWG Terms of Reference document. Mamabulanjin have demonstrated commitment by submitting an Expression of Interest to join the group, which was endorsed by Council at the September 2021 Ordinary Meeting of Council.

Following receipt of the request for further funding, Shire officers conducted a review of documentation provided by Mamabulanjin to confirm compliance with their acquittal requirements for their most recent funding agreement.

An acquittal report (Attachment 4) was received on 23 September 2021 in regard to the 2018/19, 2019/20 and 2020/21 financial years and outlined:

· Kullarri Patrol activities

· Key achievements

· Statistics

· Audited financial report outlining grant expenditure over the three-year agreement

· Shire recognition

Mamabulanjin also delivered a Council briefing at a workshop held on 9 August 2021 in accordance with the MOU. It is noted that under the terms of the MOU, an acquittal report is required annually, however was received as one document for the three-year period. Accepting this issue, all conditions of the funding agreement have been assessed to have been met.

Shire officers have prepared a proposed revised MOU agreement between the Shire and Mamabulanjin for the financial years 2021/22, 2022/23, and 2023/24 (Attachment 5). Council is requested to consider authorisation to execute this agreement.

Following discussions with Council during Budget deliberations for 2021/22, $20,000 was included in the Annual Budget to be considered following the receival of a formal request for funding from Mamabulanjin.

Officers propose to continue to engage closely and support Mamabulanjin in their endeavours to seek further external funding for their program.

In addition, officers will undertake a review of acquittal documentation provided by Mamabulanjin on an annual basis to ensure the MOU reporting requirements have been met.

When assessing Mamabulanjin’s current acquittal report (Attachment 4) and speaking with their staff, the $20,000 annual grant from the Shire represents value for ratepayer money.

The 2020 Community Perceptions Survey detailed that Community Safety was the number priority of the Broome community.

As such, the continued provision of Mamabulanjin’s Kullarri Patrol service is key to addressing complex issues such as itinerancy and alcohol-related anti-social behaviour.

The service plays a vital role in complementing police and redirecting intoxicated individuals to essential services such as the Sober Up Centre, Refuge or other safe places.

Additionally, the collation of statistics by Kullarri Patrol officers, including information on where people engaging the service are from, is a key component in helping to address the wider issue of public safety.

With Shire rangers’ span of work hours finishing at 6pm, assisting Mamabulanjin to continue to provide its Kullarri Patrol service is deemed to be a fitting contribution from the Shire to help ensure public safety.

CONSULTATION

Mamabulanjin Aboriginal Corporation (Kullarri Patrol)

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

A budget allocation of $20,000 is included in the current 2021/22 financial year budget in Mamabulanjin (Kullarri Patrol) Support expense account (GL 100221180).

RISK

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

Risk	Type	Rank	Mitigation
Consistent and transparent process	Reputational	Low	This request is to be assessed by Council in response to the formal approach from Mamabulanjin Aboriginal Corporation (Kullarri Patrol). This request does not align with any of the Shire’s current funding rounds or programs.
Impact of not fully supporting the request	Reputational	Medium	Mamabulanjin Aboriginal Corporation offers a valuable service through its Kullarri Patrol and continues to work in collaboration with the Shire. It is recommended that Council provides an extension of the current level of funding for the service.

STRATEGIC ASPIRATIONS

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone.

Outcome One - A safe community:

1.3 Increase awareness and engagement in community safety education and crime prevention programs.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/006

Moved: Cr C Mitchell Seconded: Cr N Wevers

That Council:

1. Notes the important contribution of Mamabulanjin Aboriginal Corporation’s service Kullarri Patrol in addressing community safety and anti-social behaviour in Broome;

2. Authorises the Chief Executive Officer to execute the Memorandum of Understanding (Attachment 5) with Mamabulanjin for a three-year term ending 30 June 2024, with the requirement of an annual acquittal during this period; and

3. Notes the existing budget allocation of $20,000 in account 100221180 for the 2021/22 financial year is available to fund the first year of this agreement.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Shire of Broome and Kullarri Patrol MOU 2015 - 2018
2.	Kullarri Patrol Acceptance of 3 Year Funding 2018/19, 2019/20, 2020/21
3.	Kullarri Patrol request for renewed MOU agreement with the Shire of Broome
4.	Mamabulanjin (Kullarri Patrol) Acquittal and Performance Report 2018 - 2021
5.	Mamabulanjin (Kullarri Patrol) MOU 2021 - 2024

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

9.2 Place

9.2.1 DEVELOPMENT APPLICATION 2021/32 - TOURIST DEVELOPMENT INCLUDING VERGE CAR PARKING AT LOT 302 (4) CHALLENOR DRIVE AND PORTION OF CHALLENOR DRIVE ROAD RESERVE, CABLE BEACH

LOCATION/ADDRESS: Lot 302 (No.4) Challenor Drive, Cable Beach

APPLICANT: Paul King on behalf of Black Pearl Development Co Pty Ltd

FILE: CHA-1/4

AUTHOR: Coordinator Planning Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY: The Shire has received an application from Paul King on behalf of Black Pearl Development Co Pty Ltd for a ‘Tourist Development’ consisting of 9 stand alone accommodation units, a communal BBQ and pool space and verge car parking.

The application has been referred to Council as it proposes the construction of parking in the adjacent road verge and also proposes variations to the Cable Beach Development Strategy and Local Planning Policy 5.6 Parking.

This report recommends that Council as the ‘landowner’ does not consent to lodge the development application for the parking within the road reserve and secondly recommends that the application for development approval be refused.

BACKGROUND

Previous Considerations

OMC 29 April 2003 Item 9.2.10

Council has previously approved development of the site which was not undertaken.

Proposal

The proposal (Attachment 1) was originally identified as a ‘Tourist Development’ by the applicant which may or may not be used for permanent residential purposes and/or strata subdivided.

The proposal consists of 9 stand alone accommodation units, a communal BBQ and pool space and verge car parking. Revised plans have been submitted during the assessment of the application with the final plans for consideration included in Attachment 2.

Site and Surrounds

Lot 302 is irregular in shape and has an area of 2,962m². The lot is undeveloped and includes some scattered trees and vegetation. Lot 302 has a 39m frontage to Challenor Drive. The site is zoned ‘Tourist’ under Local Planning Scheme No.6.

The surrounding area is characterised by large Tourist zoned lots that have been developed for a range of uses including tourist accommodation, restaurants and other commercial/tourist activities. More broadly, the site is in close proximity to residential zoned areas of Sunset Estate including Challenor Drive, Koolama Drive, Ena Court and Paroo Place. A linear Public Open Space abuts the rear of the site which includes a large swale drain and pedestrian path.

Proposal Background

The application was submitted as ‘9 Luxury 1 bed tourism units’. In describing the proposal further, the applicant stated as follows:

for the purposes of our submission, we propose:

1. We seek approval to construct 9 built form standalone luxury units of which all 9 could be approved and zoned permanent residential ONLY if we decide to strata title and join with the existing Seashells Broome Strata Plan # 35065

2. If we decide for economic or future development planning reasons to build, retain, and operate the 9 units on Lot 303 Challenor Drive Cable Beach then the residential zoning other than the existing 60/40 Tourism / Residential is not proposed and not applicable as the units will not be strata titled and sold.

In response, the applicant was advised that the planning system is not set up in a way that enables the consideration of multiple scenarios under a single application / approval.

Clarity was requested from the applicant on what ‘land use/s’ they would like to seek approval for with a number of options provided. In addition, definitions and development controls that applied to the various land uses were also provided to assist the applicant identify a use/s that would best achieve their desired outcomes and assist in identifying development requirements that would need to be met.

The applicant eventually confirmed that they were applying for a ‘Tourist Development’ and only seeking short stay use. Officers confirmed that a development approval could be conditioned accordingly.

COMMENT

An assessment of the application against the Local Planning Framework is set out below.

Local Planning Scheme No.6 (LPS6)

1. Land use

Land use classification is critical to how the development application is assessed. Land use determines what development standards apply and whether the application is permitted, requires approval, is prohibited or requires advertising prior to a decision being made. Land use permissibility varies depending on the zoning of the land.

In accordance with LPS6, ‘Tourist Development’ is defined as follows:

‘Tourist Development’ means a building, or group of buildings forming a complex, designed for the accommodation of short-stay guests and which provides on-site facilities for the convenience of guests and for management of the development, where occupation by any person is limited to a maximum of three months in any 12 month period.

Details provided by the applicant confirmed it was intended that management of the Tourist Development would be undertaken from the neighbouring business Seashells. The applicant was advised that as the definition requires ‘on-site facilities for the convenience of guests and for management of the development’, amalgamation of the two sites would be required. The applicant has advised this is not feasible given differing ownership albeit that there are common ownership parties. As an alternative the applicant suggested that a legal agreement that is satisfactory to the Shire be developed. No details of what the legal agreement would include have ever been provided. It is unclear how a legal agreement as opposed to amalgamation would reasonably address the issue of concern being that the definition of Tourist Development includes on-site management and facilities.

Given the concerns with defining the land use as Tourist Development due to the applicant not willing to amalgamate the parcels, it was suggested to the applicant that they consider alternative land uses such as ‘holiday home’ or ‘grouped dwellings’. The applicant did not agree to those land uses and remained adamant that the land use is for a ‘Tourist Development’. The applicant has also advised that they are now only seeking ‘short stay’ accommodation and do not intend to subdivide.

Given that the development is proposing a complex of buildings designed for short-stay accommodation, albeit the management of the development proposed on the adjacent property, it is concluded that the land use is best defined as ‘Tourist Development’ and has been assessed as such.

2. Zoning

The land is zoned ‘Tourist’ under LPS6. Under the Tourist zone ‘Tourist Development’ is a “D” use which means the use is not permitted unless the Shire has used its discretion to grant development approval.

When exercising its discretion, the local government needs to have regard to the purpose and objectives for the zone which are:

The purpose of the Tourist Zone is to contribute to a desirable tourist destination through provision of visitor accommodation including caravan parks and associated retail and service facilities.

The objectives of the Tourist Zone are to:

(a) ensure that short term tourist and holiday accommodation are the predominant land uses in this zone;

(b) encourage development of a range of tourist activities and accommodation types;

(c) promote a high level of connectivity in pedestrian and other movement networks to maximise access to destinations and activity nodes and contribute to a positive tourist experience; and

(d) encourage development in accordance with relevant development strategies and design guidelines.

In regard to item (d), the Shire has developed the ‘Cable Beach Development Strategy’ which provides guidance on how this precinct is to be developed (refer to Cable Beach Development Strategy section of this report).

3. Development Standards

Clauses 3.42 ‘Development in the Tourist Zone’; 4.7 Car Parking; 4.8 Service Areas; 4.12 Broome Style Architecture and 4.14 Landscaping and existing trees; impose development standards and requirements. In some instances, further guidance on issues is provided via Policy or Strategy. Where this occurs more detailed assessment is undertaken elsewhere within the report and appropriate reference provided.

Relevant standards and requirements include:

a) The Shire can require a Local Development Plan to be prepared prior to considering a development application.

b) Whether any tree has landscape significant and should be retained.

c) Setbacks and density for all development within the Tourist zone shall be in accordance with the R40 provisions of the R Codes (refer to R Codes section of this report).

d) Landscaping for all development within the Tourist Zone shall be provided and maintained abutting all street boundaries to a minimum depth of 3 metres.

e) 7 car parking bays are required for the ‘Tourist Development’ land use (refer to Local Planning Policy 5.6 section of this report).

f) 3 bicycle parks are required for the ‘Tourist Development’.

g) All tourist developments are to make provision onsite for storage areas, bin areas and general service areas for loading / unloading that are screened from view from any street and includes vehicle manoeuvring where appropriate.

h) Broome Style Architecture with a low scale of building bulk and have regard for local climatic conditions and traditional architecture features including a pitched colourbond roof and predominant colourbond or timber walls.

A Local Development Plan has not been requested and is not considered necessary in this instance as sufficient development controls and guidance are available via other provisions. No trees of landscape significance have been identified although there are a number of established trees existing both on site and in the abutting verge that would be lost should the development be approved.

Landscaping is proposed but the development application does not include the 3m minimum abutting Challenor Drive. This land is instead proposed to be used for access to the parking proposed within the verge. Some landscaping would be provided between the parking access and on-site structures but not to a continuous 3m depth.

Onsite storage and service areas and bicycle parks have not been identified for the proposed development. Given it is the intent to manage the site from the neighbouring Seashells Resort at 6 Challenor Drive, this is not unexpected. Given that the applicant does not intent to amalgamate the site with the adjoining 6 Challenor Drive, service areas and bicycle parks would need to be provided on the development site. The site is large enough for this to occur but would likely require redesign to ensure service areas are appropriately screened from view and accessible.

The development is considered to be consistent with Broome Style Architecture in that by being single storey and incorporating detached buildings presents in a low building bulk manner. Individual buildings incorporate pitched rooves and appear to use colourbond materials for rooves and walls when viewing the perspectives in Attachment 1. Whilst this is not stated explicitly, materials could be conditioned in the event an approval were to be issued.

Residential Design Codes (R Codes)

Clause 3.42.1 (e) of LPS6 requires that setbacks and density for all development within the Tourist zone to be in accordance with the R40 requirements.

The R40 development standards in the R-Codes control the number of ‘accommodation units’ and the percentage of the site available for development. As the R40 coding limits the number of dwellings to 1 per 220m², the size of the subject site would allow up to 13 dwellings / accommodation units. As only 9 accommodation units are proposed this requirement is met. R40 also requires 45% minimum open space, the building footprint of the development is proposing 20% site coverage, therefore the open space would be satisfied.

A primary street setback of 4m is specified for R40 coding and other boundaries are specified in Table 2a and 2b, based on wall length, wall height and whether they include major openings. In this case, all other boundary setbacks would be a maximum of 1.5m. The proposed development complies with these requirements.

Local Planning Policy 5.6 – Parking (LPP5.6)

As the proposed development is for ‘Tourist Development’, 7 car parking bays (rounded up from 6.3) are required by LPS6:

Land use

Car parking

Per unit

Visitor

Total

Tourist Development

4.5 – 1 per 2 units

1.8 – 1 per 5 units

6.3

Rounded up to 7

The applicant was advised of concerns with the location and practicality of the proposed car parking layout. This included:

1. Clause 3.3 of LPP5.6 requires that at least 50% of required car parking bays are provided on site within the Tourist Zone.

2. Proposed verge parking appeared to require modification or removal of the existing footpath.

3. Dimensions and manoeuvrability did not meet standards of LPS6.

Amended plans (based on previous intention to have the development considered under another use class) have been submitted by the applicant, however, only 2 of the car bays are proposed to be provided on the site (identified as CP10 and CP11 on plans contained within Attachment 2) which remains below the minimum of 50% of car bays (i.e. 4 car bays) specified. While the applicant has been advised of the non-compliance with Council Policy, they wish to proceed with the development being considered without 50% of car bays being provided on site.

The amended plans do show that the existing footpath will not be impacted by the proposed car parking layout. However, existing verge trees would be lost and are intended to be replaced by new plantings at the western end of the verge between the proposed car bays and the existing footpath. This would alter the distribution of tree cover and does not meet with clause 2.2 of LPP5.6 relating to landscaping of car parking areas which states:

All parking areas must be landscaped. As a minimum landscaping of parking areas is to include shade trees at the rate of 1 tree every 4 consecutive bays or 12 metres, which ever is the lesser.

The landscaping requirements could be achieved but would likely result in the loss of at least 1 car bays from the verge area.

The 2 on site car bays still do not meet with car parking standards relating to access and manoeuvring. All car parking issues could be addressed by a revised car parking layout. However, this would likely also require amendment to other on-site buildings such as the relocation of the northern most accommodation unit or communal BBQ facility.

There has been correspondence between officers, the applicant and a consultant, working on the applicant’s behalf, providing options to address these car parking concerns. In this regard, the applicant has remained unwilling to make the changes necessary to address the standards established in the Scheme and Policies.

Given the variations that are sought it is not recommended that approval can be granted in this case. Options for conditionally approving the development have been investigated, however Clause 74 of the Deemed Provisions outlines that the local government must be satisfied that any condition of development approval that require further matters to be addressed must not substantially change the development approved. In this case, a condition to achieve compliance would change the development substantively and therefore approval cannot be recommended.

Furthermore, Council will also need to make a decision on whether they support the development of the Challenor Drive verge as proposed. Given the road is under the Shire’s care and control and therefore is the ‘owner’, it must consent to the proposed works under the development approval. In this case, given the variation to the Policy and the streetscape implications that arise, it is recommended that consent is not granted.

This is an important aspect of Council officer’s consideration of the application. The use of Council land for all of the parking is subject to Council approval, and officers, guided by policy adopted by Council, cannot negotiate use of this land outside of this guidance.

Use of the land by the proponent is not a right, and no justification has been provided to support the effective privatisation of public land with no return to Council (and rate payers).

Cable Beach Development Strategy

The Cable Beach Development Strategy (CBDS) was adopted by Council at its Ordinary Council Meeting held on 28 July 2016. The CBDS includes development control provisions relating to land use, built form, movement network and public realm. The breadth of the development control provisions are extensive and subsequently a full assessment is included at Attachment 3.

Non-compliance with development control provision of the CBDS is summarised as follows:

1. Solid fencing (i.e. proposed feature wall) is not permitted on street frontages.

2. Minimum 3m landscaping abutting the boundary of Challenor Drive has not been included. This area is proposed to be used for car parking and vehicle manoeuvring instead with 100% being hardstand.

3. Vehicle parking not to be a dominant feature of the streetscape whereas with the proposed development it is. The development proposed results in parking being the dominate feature of the streetscape, will result in minimal landscaping which is a significant character defining element of the Cable Beach precinct and therefore a variation is not recommended.

4. Does not maximise the amenity of car parking on public land. The design of car parking does not appropriately incorporate trees and landscaping which is significant to the amenity and character of the area.

5. New tourist development is to accommodate parking, vehicle queuing and any other associated operations on site with the exception of parking related to active land uses along ‘Priority Active Frontages’. The site is not identified as a ‘Priority Active Frontage’ and proposes to have parking required for the accommodation units being provided off site within the adjoining verge.

6. Car bays on the southern side of the vehicle access will reduce the access width below 6m. Two way traffic is required for access and egress to Challenor Drive.

7. Car parking for all new tourist and permanent residential development must be provided within the property boundary and not be visible from the street. The use of the road reserve for car parking will only be allowed for ancillary uses along ‘Priority Active Frontages’, visitors’ parking and guest check-in areas. (Note: this requirement is over and above the requirements of LPP5.6)

The reasons why the above development controls are incorporated into the CBDS is to achieve the objectives to create a safe and active public realm during both day and night. The development as proposed is considered to not achieve this objective as it would create a streetscape that has no passive surveillance, is dominated by hardscape (parking and access areas) and has minimal landscaping. The Cable Beach precinct is largely characterised by open streetscapes, with landscaping being a dominant feature. This development would be inconsistent with the established streetscape and character of the precinct and therefore it is not recommended that variation to the above development controls are considered acceptable in this case.

CONCLUSION

There has been significant correspondence between officers, the applicant and a consultant working on the applicant’s behalf. However, further information that had been requested and options provided to address concerns, have not been adequately responded to or incorporated into the proposal. Land use is a concern and if the proposal was to be supported, conditions would be recommended to require amalgamation with the adjoining property where management is proposed to occur or alternatively for on site management facilities to be provided. Amalgamation is not supported by the applicant and incorporating of on-site management facilities would require significant redesign.

The proposal is reliant on use of the adjacent verge to provide for all car parking needs. The proposal to provide off site verge parking required for the proposed accommodation units is contrary to LPP5.6 as well as the CBDS which is more explicit in its aims and objectives for the use and development of verge areas. The CBDS identifies landscaped verges providing a high amenity environment to encourage pedestrian and cyclist activities. Car parking within verge areas to be limited to visitor parking, guest check in or for other land uses supported on ‘Priority Active Frontages’.

Best efforts were made by officers to respond to the needs of the applicant, particularly the flexibility that had originally been sought, and with that in mind, options on how the applicant may be able to best achieve their desired outcome were provided. Unfortunately, the applicant has shown limited flexibility to alter their proposal to address concerns. However, it is acknowledged that the applicant did advise they were prepared to enter into a legal agreement between the owning entities of Lot 302 (the subject site) and the adjoining Lot 23 (Seashells Resort) to the satisfaction of the Shire. This did not include an agreement to amalgamate which was considered necessary by officers to meet the intent of the ‘Tourist Development’ definition.

An important principal of the planning framework is that development requirements cannot be externalised, that is, conditions cannot be imposed on any landowner external to the site. While the applicant has stated that the two developments would be run from the existing Sea Shells resort, any change in management from off site to on site without facilities to accommodate on site management is contrary to orderly and proper planning, as there is no way to enforce the management requirements.

The proposal is insular in nature and fails to appropriately respond or interact with adjoining lands particular the public realm. Instead, the applicant is seeking to push necessary car parking and facility management to adjoining lands without providing details of how relevant management considerations such as check in, house keeping, waste disposal and property maintenance will be addressed given that on-site facilities are not proposed. Whilst in some instances these are matters that can be appropriately dealt with by conditions, this is likely to lead to a substantial changes to the development proposed.

In addition to determining the development application, it is recommended the Council not consent to the use of the Challenor Drive verge. The proposed use of Council’s Road Reserve would result in substantial hardstand car parking and vehicle manoeuvring areas that would be inconsistent with a number of the function and amenity outcomes sought through the CBDS relating to development of road verges in this precinct.

While the development in its current form is not recommended to be issued with approval, with redesign which addressed the objectives and development standards within LPS6 and the CBDS, the development would be capable of being approved. It is recommended that Council resolve to provide direction in this regard to the applicant.

CONSULTATION

Public consultation has not been undertaken. However, the applicant did provide numerous letters of support from surrounding landowners and businesses.

Extensive consultation has occurred between the applicant, their consultant and Shire officers.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

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.

74. Approval subject to later approval of details

(1) The local government may grant development approval subject to a condition that further details of any works or use specified in the condition must be submitted to, and approved by, the local government before the developer commences the development.

(2) The local government may only impose a condition referred to in subclause (1) if the local government is satisfied that the further matters that are to be approved would not substantially change the development approved.

Local Planning Scheme No. 6

POLICY IMPLICATIONS

Local Planning Policy 5.6 - Parking

FINANCIAL IMPLICATIONS

Nil

RISK

Right of Review

In accordance with cl.76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 the applicant or land owner may apply to the State Administrative Tribunal for a review of a reviewable determination in accordance with the Planning and Development Act 2005 Part 14.

STRATEGIC ASPIRATIONS

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone.

Outcome Five - Responsible management of natural resources:

5.3 Adopt and encourage sustainable practices.

Outcome Six - Responsible growth and development with respect for Broome’s natural and built heritage:

6.1 Promote sensible and sustainable growth and development.

Outcome Seven – Safe, well connected, affordable transport options:

7.1 Provide safe and efficient roads and parking.

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone.

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.4 Support business growth, innovation and entrepreneurship.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/007

Moved: Cr N Wevers Seconded: Cr C Mitchell

That Council:

a) Does not consent, as landowner, to the use of the Challenor Drive road reserve being used by the applicant for car parking purposes as proposed in Attachment No 2.

b) Refuse Development Application 2021/32 for a Tourist Development at Lot 302 (4) Challenor Drive, Cable Beach for the following reasons:

1. The proposal is inconsistent with orderly and proper planning.

2. The proposal is deemed inconsistent with the character and amenity of the area as it would result in a streetscape dominated with hardstand and minimal landscaping and presents a blank wall which restricts passive surveillance.

3. The proposal does not appropriately respond to the Development Control Provisions of the Cable Beach Development Strategy,

4. The development is inconsistent with Local Planning Policy 5.6 – Parking .

5. The development proposal does not provide for on site management of the facility.

c) Advise the applicant that should a new application be submitted that addresses the reasons for refusal and the non-compliance with the Local Planning Framework, as set out in this report, the Shire would be in a position to approve the application.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Application and original supporting documents
2.	Final plans for consideration
3.	Cable Beach Development Strategy Assessment

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

Cr D Male declared an Impartiality Interest in item 9.2.2, the reason being “My family own a hardware business.”. Cr D Male made written declaration that she will consider the matter on its merits and vote accordingly

9.2.2 DEVELOPMENT APPLICATION - WAREHOUSE- ADDITION OF SEA CONTAINERS

LOCATION/ADDRESS: 4 Hunter Street, Broome

APPLICANT: Burgess Design Group

FILE: HUN-1/4

AUTHOR: Planning Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire has received an application for Development Approval for the installation of two (2) sea containers on 4 Hunter Street Broome.

The application has been assessed against the Shire’s Local Planning Scheme No.6 (LPS6) and Local Planning Policy 5.3 – Miscellaneous Structures. The application is being referred to Council as it proposes variations to Local Planning Policy 5.3.

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

BACKGROUND

Previous Considerations

Nil.

Site and Surrounds

4 Hunter Street (Lot 30) is a 4,552m²property, which is concurrently utilised with 2 Hunter Street (Lot 961) for the purpose of Bunnings Warehouse, expanding over a total land area of 7,769sqm. The subject site is zoned ‘Light and Service Industry’ under Local Planning Scheme No.6 (LPS6) and is currently used for the majority of the outdoor portion of Bunnings Warehouse operations (see Attachment 1). For the purpose of this report and in considering this application given, the operations of Bunnings Warehouse are undertaken on both lots, 2 and 4 Hunter Street have been assessed to operate as one lot. Additionally, given the public entry into the store is via Blackman Street, it is deemed that the front boundary is along Blackman Street with the secondary street boundary being Hunter Street.

Proposed Development

As shown on the attached site plan (Attachment 2), the applicant is proposing to install two (2) sea containers, located 2.8m from the side boundary setback (Hunter Street) for the purpose of storage of goods associated with Bunnings Warehouse operations.

COMMENT

An assessment of the application against the Local Planning Framework is set out below.

Local Planning Scheme No.6

As detailed above, the subject site is zoned ‘Light and Service Industry’ under LPS6. The land use proposed as part of this development is deemed to be ‘storage’ (which is a ‘P’ or ‘Permissible’ use) and is considered to be incidental to the predominant approved use on the site.

Clause 3.29.1 of LPS6 refers to development standards and requirements to which the development is subject to and is incorporated into the Scheme by Schedule 8. Schedule 8 outlines the following development standards for the Light and Service Industry zone:

Zone

Site Coverage %

Plot Ratio

Front (m)

Secondary Street

(m)

Rear (m)

Side (m)

Special Conditions/Comments

Light and Service Industry

0.75

4.5

Nil*

Landscaping along street frontage is a requirement. Clause 3.37.1 a) requires

*Standard to be set by the local government in each case having regard to the likely impact of a planning proposal on adjoining properties, the requirements of the Scheme in relation to the subject land.

In addition to the above, clause 3.31.1 a) of LPS6 establishes that ‘Landscaping shall be provided and maintained abutting the boundary of all street frontages to a minimum depth of 3 metres from the Boundary’.

The proposed development seeks to vary the site and development requirements of LPS6 in two ways:

· Proposes a secondary street setback of 2.8m in lieu of 4.5m; and

· Installation of one of the sea containers means that 3m wide landscaping on all street frontages will not be achieved (note there is currently no landscaping along the Hunter Street frontage).

In this case, it is considered that a variation to the above site and development requirements can be supported on the following grounds:

· The applicant has agreed to undertake landscaping verge improvements along the secondary street (Hunter Street) in lieu of providing 3m landscaping on site. considered to be an improved and desirable outcome for the streetscape and would minimise visual impact of the containers.

· The setback area which the container is proposed to be within is currently being used for open storage. The storage of materials in the sea container would clean up this area, resulting in a more desirable and contained outcome for the site.

· There is existing fencing along the Hunter Street boundary which will contribute to the partial screening of the sea container closest to the boundary.

Local Planning Policy 5.3 – Miscellaneous Structures

Local Planning Policy 5.3 (LPP 5.3) provides guidance on the development of miscellaneous structures within the Shire and seeks to prevent such from having an adverse visual impact on the streetscape, amenity, and surrounding properties. Clause 1.4 of the policy outlines that unless exempt from development approval, an application for a sea container must comply with the following requirements.

a) The container or structure must be wholly located within the boundaries of a property and as a minimum be setback from the boundaries the distance prescribed under LPS6 for the relevant zone;

b) The container or structure must be screened from view from any road or public place;

c) The use undertaken must relate directly to and be ancillary to, the approved use on the property;

d) The container or structure must not be stacked vertically above one another; and

e) The container or structure must be adequately tied down as required to meet the structural requirements for a wind region C terrain category 2 wind conditions and certified by a structural engineer during the cyclone season (1^st December to 30^th April inclusive).

Clause 1.7 of LPP 5.3 establishes the maximum number of sea containers permitted in each zone. For the Light and Service Industry zone, ten (10) sea containers are permitted for any lot.

As such, following assessment of the above, it is concluded that the application is seeking three variations to Clauses 1.4 and 1.7 of Local Planning Policy 5.3, as outlined below:

Clause 1.4:

· The proposed sea containers are located wholly within the boundaries of the property, though the sea container closest to the boundary is setback 2.8m in lieu of 4.5m, as prescribed as the minimum setback distance as per Schedule 8 of LPS6 (a).

· The container is partially screened by the existing fencing along the Hunter Street boundary but still visible (b).

Clause 1.7:

· The addition of two sea containers would result in a total of 12 sea containers on the Lot, proposing to vary the maximum number of permitted containers of 10, to 12.

In considering a variation to the Policy, the objectives of the Policy must be considered. The objective of the Policy is ‘prevent miscellaneous structures from having an adverse visual impact on the streetscape, amenity and surrounding properties. In this case it is considered that the objectives of the Policy are satisfied for the following reasons:

· While the sea container will be partially visible from the street, the verge landscaping will soften visual impact and overall would lead to an improved streetscape and amenity.

· The variation of Clause 1.7 is seen to be minor given the overall size of the property and a better outcome for the site. As noted above, aerial imaging depicts goods being stored in the area proposed for the sea containers, which is currently visible from the street.

Based on the above, it is recommended that the variations to the planning framework can be support with the condition that the verge landscaping be installed and maintained.

CONSULTATION

In accordance with Local Planning Policy 5.14 – Public Consultation, the application is deemed to be Level A and therefore, no consultation required to be undertaken.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

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

POLICY IMPLICATIONS

Local Planning Policy 5.3

FINANCIAL IMPLICATIONS

Nil.

RISK

Decision Appealed

Should Council refuse the application, the applicant may appeal Council’s decision to the State Administrative Tribunal.

STRATEGIC ASPIRATIONS

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone.

Outcome Six - Responsible growth and development with respect for Broome’s natural and built heritage:

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone.

Outcome Ten – Appropriate infrastructure to support sustainable, economic growth:

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/008

Moved: Cr C Mitchell Seconded: Cr N Wevers

That Council:

1. Approves the application for development approval 2021/86 for Warehouse – Addition of Two Sea Containers on Lot 30 (4) Hunter Street, Broome, subject to the following conditions:

(a) 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.

(b) As the development is of a minor nature or an addition to an existing development, a stormwater drainage system is to be provided that drains to an existing system or Shire roadway/drain to the satisfaction of the Shire. No stormwater is to be discharged onto other private property.

(c) Prior to the installation of the sea containers, a landscaping plan showing 3m of landscaping in the verge must be submitted and approved by the Shire.

(d) The landscaping in accordance with the landscaping plan must be installed prior to the installation of the sea containers and maintained by the owner, to the satisfaction of the Shire.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Site Location
2.	Site Plan

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

Cr C Mitchell declared an Impartiality Interest in item 9.2.3, the reason being “I coordinate a wildlife rescue organisation that looks after marine turtles”. Cr C Mitchell made written declaration that he will consider the matter on its merits and vote accordingly

The Director Development Services advised that the Communications Strategy attached to this agenda item has been amended to provide clarity about the purpose of deferring the ramp closure until 2022. This has been circulated to Councillors prior to the meeting.

The Director Development Services advised that there was a typographical error in the Report Recommendation. This has been amended and the reflected in the minutes.

9.2.3 CABLE BEACH VEHICLE RAMP CLOSURE

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RES 36477; RES 50994, RES 53070; NAT55.3

AUTHOR: Land Tenure Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report provides a summary of the Yawuru Park Council recommendation of
23 September 2021, regarding Cable Beach turtle nesting season and vehicle access review.

This report recommends Council continues with current vehicle ramp closures and implements a full ramp closure for vehicles (other than essential Council services, licensed businesses and emergency vehicles), 1 December to 31 January, commencing
1 December 2022.

BACKGROUND

Previous Considerations

OMC 19 March 2009 Item 9.5.2

OMC 30 September 2010 Item 9.4.2

OMC 24 June 2021 Item 9.2.4

OMC 19 March 2009

At the Ordinary Meeting of Council (OMC) of 19 March 2009, Council considered a number of strategies for limiting the impact of vehicles on nesting marine turtles along Cable Beach.

Council resolved to implement temporary beach access ramp closures at Cable Beach during turtle nesting season. A boom gate was installed at the top of the access ramp for the purpose of this closure.

OMC 30 September 2010

At the OMC of 30 September 2010, Council resolved:

That Council agrees that the closure of the Cable Beach access ramp at the amphitheatre for vehicles (other than for essential Council services, licensed businesses and emergency vehicles) during the turtle nesting season 1 October to 28 February 2010/2011 should be:

1. Between 2000HRS and 0600HRS each day.

2. During the two (2) hours both sides of high tide where the tide is 9.0m (Admiralty Datum) or higher.

CARRIED UNANIMOUSLY

Council resolved to continue ramp closures during the turtle season with ramp closures coming into effect on 1 October through to 28 February, closures occurring overnight from 8pm-6am, as well as 2 hours either side of a tide higher than nine metres. These closures continue on an annual basis.

OMC 24 June 2021

At the OMC of 24 June 2021, Council received the petition requesting the Shire of Broome to ask the Department of Biodiversity and Attractions (DBCA) to workshop with DBCA registered Turtle Monitoring Volunteers and other experts to determine the best management options for protecting nesting turtles and hatchlings on Cable Beach.

The petition detailed this was important for the following reasons –

• Flatback turtles are a threatened species listed under the EPBC Act and are therefore legally protected;

• The current system of vehicle registrations is not working as vehicles continue to be driven over nesting sites and create ruts in which hatchlings get stuck and die;

• The Shire has the authority to control vehicles on the beach; and

• The presence and protection of marine turtles on Cable Beach create an important tourist asset that is driving economic benefit for the community.

Council resolved:

That Council:

1. Notes the Yawuru Park Council Working Group, in collaboration with Department of Biodiversity, Conservation and Attractions turtle experts and the Cable Beach Community Turtle Monitoring volunteers, will make a recommendation to the Yawuru Park Council on potential options to limit the impact of vehicular traffic on turtles during the nesting season on Cable Beach.

2. Notes the Chief Executive Officer will prepare a report for Council’s consideration following the receival of the Yawuru Park Council recommendation.

3. Requests the Chief Executive Officer to urgently upgrade the signage at the entrance of the Cable Beach vehicle ramp so that it is legible, any unauthorised signs be removed and that this be done for the current tourist season.

CARRIED UNANIMOUSLY 9/0

COMMENT

The closure times of the beach access ramp for nesting marine turtles have been implemented consistently since the decision of Council in September 2010, mentioned above. There has been increased community concern (as evidence in the petition submitted in June 2021 and social media posts) regarding the interaction vehicles are having on nesting turtles. Specifically these concerns are focussed on the risk that vehicles are driving over nesting sites and vehicle ruts in the sand are affecting turtle hatchlings.

Towards the end of 2020, the YPC Working Group began an initial review of vehicle access on Cable Beach during turtle nesting season, with a more formal review following the conclusion of the 2020/21 volunteer turtle monitoring program.

At the request of the YPC Working Group, DBCA prepared a paper for consideration by YPC at the meeting on the 10 June 2021. The YPC resolved to instruct the YPC Working Group to amend the briefing note to ensure that it provides a comprehensive reference in support of a review of management arrangements for effective conservation of nesting marine turtles on Cable Beach, and to ensure that it presents findings and evidence, including available data, linked explicitly to proposed to management options (including changes to opening times for Cable Beach vehicle access ramp) to be considered the next YPC meeting.

Following the June 2021 YPC meeting, the YPC Working Group undertook a more extensive review, including engaging DBCA turtle scientist, review of international research and engagement with YPC membership, including the Shire and Yawuru PBC. Below is a table outlining Yawuru Park Council Working Group and DBCA stakeholder engagement.

10 June 2021

Agenda item and recommendation to YPC for consideration.

YPC resolved to instruct the YPC Working Group to reconvene and amend the briefing note to ensure more comprehensive review.

8 July 2021

Meeting with turtle monitoring volunteers.

Review continues by working group and with DBCA turtle scientist.

2 August 2021

9 August 2021

Initial presentation to Shire Executive Management Group (EMG).

Presentation amended taking into consideration EMG feedback.

Initial presentation to Shire Council workshop / forum.

1 September 2021

15 September 2021

Presentation to Yawuru Prescribed Body Corporate (PBC).

Yawuru PBC supported the YPC Working Group recommendation for new and complete vehicle access ramp closure from 1 December to 30 January on an annual basis.

Presentation to Shire CEO, Director Development Services, Manager Health, Emergency and Rangers, Managers Planning and Building.

Following the above engagement, DBCA updated the briefing note and agenda item (refer to Attachment No 1) and these were included on the 23 September 2021 YPC agenda. The recommendation made to the YPC included closure of the ramp completely from 1 December 2021 to 31 January 2022.

However, the YPC did not support the YPC Working Group recommendation and made the following resolution instead:

To support, in principal, the recommendation by the Yawuru Park Council Working Group to request the Shire of Broome:

1. implement a new and complete access ramp closure from 1 December to 30 January, commencing 2022, subject to, the implementation of the risk management strategy as set out in section10 of the report, to the satisfaction of the YPC, to be determined at the YPC meeting to be held in June 2022.

2. maintain the existing access ramp closures (overnight from 8.00pm to 6.00am and 2 hours either side of a tide higher than 9 metres) from October 1 to February 28, not including the December and January full closures.

The recommendation from the YPC now requires consideration by Council.

The science and data of impact vehicles are having on turtles is contained in Attachment No 1. The recommendation for a complete access ramp closure from 1 December to 30 January 2022, was one of six options presented to YPC for consideration. It is considered by the YPC Working Group that the recommendation presents a balanced view which considers the recreational usage of the beach and prevention of impacts on nesting turtles.

While the YPC Working Group recommendation was not supported, the delay to the implementation of the complete access ramp closures to 2022 turtle nesting season enables DBCA to prepare and implement a community engagement strategy as well as collect additional data on the use of the beach by vehicles. A draft copy of the community engagement strategy is included as Attachment No 2. This has been reviewed and is considered adequate. The engagement strategy will be presented to the YPC in due course for adoption.

Conclusion

While the current beach closures reduce vehicle-turtle interactions overnight and aim to reduce the number of vehicles driving near the high tide line, there is some scientific research that shows vehicles and vehicle tracks can negatively impact nesting turtles and hatchlings. However, the extent of this research is limited, and further assessment is required to determine the impact on turtle nesting as well as hatchlings.

The YPC recommendation therefore allows for the collection and analyses of additional data over the next turtle nesting season with the current regime of closures remaining in place to determine the full extent of the impact on local turtle nesting. Retaining the current closure regime also allows for collection of data relating to use and access of the beach by vehicles and community members.

In principal support allows for acknowledgment of the evidence to date, while also allowing for further assessment when additional data is collected and analysed. The recommendation of the YPC therefore presents a balanced view of managing risk to nesting turtles and minimising impact to the Broome community who access the beach in vehicles until the additional data allows for further informed consideration.

Accordingly it is recommended that Council follows the direction of the YPC and resolves to support in principal to implement a complete vehicle access (other than essential Council services, licensed businesses and emergency vehicles) closure from 1 December to 31 January, commencing 1 December 2022, subject to receiving a report from the YPC after the June 2022 YPC meeting.

CONSULTATION

· Yawuru / Nyamba Buru Yawuru through the Yawuru Park Council and Working Group

· Department of Biodiversity, Conservation and Attractions through the Yawuru Park Council and Working Group

· Shire of Broome through the Yawuru Park Council and Working Group

· Cable Beach Community Turtle Monitoring Volunteers through DBCA

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 3.50 Closing Certain Thoroughfares to Vehicles

Section 3.54 Reserves Under Control of a Local Government

Control of Vehicles (off-road areas) Act 1978

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The cost of locking the gates at Cable Beach during the nesting season is contained within the existing Shire Operating Budget.

RISK

There is strong community support for the conservation of turtle breeding sites, and this has been reflected in the Shire’s Corporate Business Plan 2021-2025. There is however well used existing vehicular access to Cable Beach and both risks will need to be balanced to ensure effective management of both issues.

STRATEGIC ASPIRATIONS

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone.

Outcome Five - Responsible management of natural resources:

5.2 Manage and conserve the natural environment, lands and water.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/009

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That Council :

1. Supports the recommendation of the Yawuru Park Council

2. Continues with the current closure of the Cable Beach access ramp, located on Reserve 36477, for vehicles (other than essential Council services, licensed businesses and emergency vehicles) during the turtle nesting season 1 October to 28 February between 2000 hours and 0600 hours each day and two (2) hours both side of high tide where the tide is 9.0 metres (Admiralty Datum) or higher.

3. Notes the Yawuru Park Council in Principal Support to implement full ramp closure for all vehicles (other than essential Council services, licensed businesses and emergency vehicles), from 1 December to 31 January 2023, with closure between 2000 hours and 0600 hours each day between 1 October and 30 November 2022 and 1 February and 28 February 2023 between 2000 hours and 0600 hours each day and two (2) hours both side of high tide where the tide is 9.0 metres (Admiralty Datum) or higher.

4. Notes the draft communication strategy and implementation of tasks leading to the 2022/2023 closure.

5. Invites the Yawuru Park Council Working Group to submit any recommendations from the engagement strategy and data collection once considered.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	YPCWG Turtle Review
2.	YPCWG Ramp Closure Engagement and Risk Strategy

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

The Chief Executive Officer advised that the report has been amended to include the Broome Police to the list of stakeholders to be contacted directly during the consultation phase for submissions following the suggestion by Cr Wevers.

9.2.4 PROPOSED LOCAL PLANNING POLICY - HOLIDAY HOUSE (SHORT TERM RESIDENTIAL ACCOMMODATION)

LOCATION/ADDRESS: N/A

APPLICANT: Shire of Broome

FILE: PLA22.1

AUTHOR: Manager Planning and Building Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY: Council has adopted draft Local Planning Scheme No 7 (draft LPS7), which proposes that ‘Holiday House’ become a ‘D’ land use in the Residential, Rural Residential and Rural Smallholdings zone. This land use is currently prohibited in these zones in Local Planning Scheme No 6 and has been prohibited in the earlier planning schemes.

The Department of Planning, Lands and Heritage (DPLH) who assess and make recommendations to the Minister on the approval of Local Planning Schemes, have requested that a Local Planning Policy on Holiday House’s be prepared and advertised at the same time as draft LPS7.

This report recommends that Council adopts a draft Local Planning Policy – Holiday House, for the purpose of public advertising concurrently with draft LPS7. It must be noted that Council cannot adopt the Local Planning Policy or consider any development applications for a Holiday House unless the land use is made a discretionary use under a Local Planning Scheme.

BACKGROUND

Previous Considerations

OMC 3 November 2005 Item 9.3.7

OMC 13 December 2018 Item 9.2.10

OMC 29 July 2021 Item 9.2.2

Background

The term Holiday House applies specifically to the exclusive use of a private dwelling (single house), for short-term accommodation, in return for hire or reward, and without a permanent occupant present at the premises (‘un-hosted’).

Council first considered introduction of provisions to enable short-term rental accommodation from residential properties in 2005. At the request of the then Department of Planning and Infrastructure, a Discussion Paper was prepared and advertised for public comment. A copy of the Discussion Paper is provided as Attachment No 1. The Discussion Paper recommended introducing a land use definition of ‘Serviced Apartment’ to the then TSP4 in the Town Beach and Cable Beach residential areas. The discussion paper was advertised for public comment and 21 submissions were received. There were mixed responses, which included:

- That new residential areas should be excluded, including Koolama Drive, which was identified as one of the precincts.

- That consideration should be given to allowing holiday or short-stay accommodation in single houses but confined to older areas such as Town Beach.

- That there are already sufficient tourist developments in the town.

- Impacts on housing affordability and availability of long-term rental stock.

- That there are currently some instances of non-compliance with respect to this use.

The Discussion Paper and public comments received, were considered at Ordinary Meeting of Council on 3 November 2005, where Council resolved to defer making a decision pending a report from two elected members and Director study tour of holiday accommodation. No further action appears to have been taken following this consideration.

Since this time, given the rise of online booking platforms, this land use activity has increased. This is a trend not just experienced in Broome but also globally. In 2019 the State Parliamentary Legislative Assembly Economics and Industry Standing Committee conducted an inquiry titled Levelling the Playing Field: Managing the impact of the rapid increase of Short-Term Rentals in Western Australia (the 2019 Inquiry). Council considered a submission at the Ordinary Meeting of Council on the 13 December 2018. A copy of the Shire’s submission is included as Attachment No 2.

The 2019 Inquiry largely focussed on the distinction between traditional short-stay accommodation (properties that have long existed, have been developed specifically to provide for the recreation and business travel markets, and are appropriately licensed), versus the newer style of short-term rental properties being Holiday Houses.

In its final report (September 2019 which can be accessed here: https://www.parliament.wa.gov.au/Parliament/commit.nsf/(Report+Lookup+by+Com+ID)/42EE6EB7C8AF9C454825847E000FDA9D/$file/SSA%20Report%20-%20FINAL%20-%20Online%20version%20with%20cover.pdf) the Committee made 10 recommendations, and on 12 February 2020 the State Government provided a formal response. Of relevance to this matter, the State Government has committed to undertaking the following actions:

· The establishment of an inter-agency working group, to develop legislative or regulatory mechanisms to require the display for a valid registration number for short-term rentals [Holiday Houses] advertised on online booking platforms.

· Amending land use definitions in the Planning and Development (Local Planning Schemes) Regulations 2015 to differentiate between hosted and un-hosted accommodation.

· Updating strata title guidance to include powers and processes open to strata companies to manage short-term rentals [Holiday Houses].

· Development of an education campaign to ensure owners, property managers, and purchasers are aware of their obligations regarding short-term rental properties.

At the time of writing this report, none of the recommendations from the 2019 Inquiry have been actioned to the extent that there has been any change to the existing state-level regulatory framework. Should they be actioned, it is considered there will be no significant impact on the preparation of a policy position on Holiday Houses, albeit, the definitions and terms may adjust slightly.

The process of preparing an LPP on Holiday Houses is mindful of the 2019 Inquiry and does not seek to pre-empt the outcomes of the Government response. Instead, it aims to explore options that will complement State-level regulatory controls.

More recently, between July and August 2020, the Shire undertook initial public consultation to inform the review of Local Planning Strategy and preparation of draft LPS7.

As part of this public consultation feedback was received from the community that management of un-hosted accommodation (i.e. people renting their whole house to tourists through AirBnB) is required to level the playing field.

In response to the public comments received, Council at the July 2021 Ordinary Meeting adopted draft Local Planning Scheme No 7 (draft LPS7) which proposes that Holiday House is a ‘D’ use in the Residential, Rural Residential and Rural Small Holdings zones. This land use is currently prohibited under LPS6 and has been prohibited under the Shire’s planning framework since 1985.

The DPLH have requested as part of its assessment of draft LPS7 that a Local Planning Policy on Holiday Houses be prepared and advertised by the Shire at the same time as draft LPS7. This has been recommended to enable informed community review and feedback on how the Shire will exercise its discretion to approve these land uses upon gazettal of LPS7.

COMMENT

Given that draft LPS7 proposes that Holiday House becomes a discretionary use, a Local Planning Policy (LPP) would be the planning instrument required to establish how discretion will be exercised to approve and/or refuse the land use. In preparing the draft LPP, research has been undertaken into other local government’s approaches which is set out in a Directions Paper included as Attachment No 3.

The Directions Paper also provides background/comments on the following:

· Previous regulatory approach to Holiday Houses in the Shire of Broome and consideration by Council.

· The current experience of Holiday Houses in the Shire (including an assessment on the estimated number of Holiday House currently in the Shire).

· The State Government’s policy position and Inquiry.

· Regulatory approaches of other local governments.

· Local Planning Policy consideration and discussion points

The draft LPP, which is included in Attachment No 4, contains some standards that a property should satisfy for the land use to be approved (car parking, minimum lot size and ratios of people to be accommodated to bedrooms). The draft LPP does not include provisions that establish preferred areas where the land use can be approved the reasons for this are set out in section 3.1 of the Directions Paper.

Management of a Holiday House is important to prevent potential off-site and amenity impacts. The Policy provides guidance on management obligations for owners intending upon undertaking this land use. The draft LPP also establishes that land uses would be approved for a term of two years. This will enable a review of the appropriateness of the Policy provisions and incorporation of any changes to approved Holiday Houses once the review is completed. As foreshadowed in the Directions Paper, the termed approval can be removed following the review of the Policy.

The Policy also proposes that the Shire will maintain a register of approved Holiday House’s which will be made publicly available. This is proposed as an interim measure while the State finalises its registration system of the land use.

The draft Policy and Directions Paper were tabled at the Council Workshop on the 14 September 2021. In response to the discussion at the workshop the following adjustments have been made to the draft LPP and/or Directions Paper:

· The termed approval period adjusted from 18 months to 24 months.

· Incorporation of public consultation requirements into the LPP.

· Inclusion of car parking standards into the LPP.

· Inclusion of additional section in the Directions Paper on rates, to foreshadow that the intent would be to change the rating applied to properties with this approved land use to level the playing field.

If the draft LPP is adopted for public comment, comments will be sought at the same time draft LPS7 is being advertised. It must be noted, that Council will not be in a position to adopt the LPP or approve Holiday House land uses, until it is a discretionary use in a gazetted Local Planning Scheme. Based on current projections, draft LPS7 could be gazetted in late 2022 or early 2023.

In relation to concerns that may be raised about compliance of existing unauthorised Holiday Houses, in line with Council’s Compliance and Enforcement Policy, written complaints will be investigated. Upon gazettal of Local Planning Scheme No 7, if Holiday House is included as a discretionary use, officers will present a compliance pathway to regularise existing operators.

CONSULTATION

Under the Planning and Development (Local Planning Schemes) Regulations 2015, upon resolution to prepare a Local Planning Policy, the local government must publish a notice and provide a 21-day period for making submissions.

Given that it is proposed to advertise the LPP with draft LPS7, the public consultation will exceed the requirements under the Regulations. LPS7 will be advertised for a minimum period of 90 days. As part of the consultation for this LPP, in addition to the consultation included in the adopted Community Engagement Strategy for draft LPS7, it is proposed that direct notification of the notice calling for submissions be sent to:

· The Broome Tourism Leadership Group;

· Broome Visitors Centre;

· Broome Chamber of Commerce and Industry;

· Kimberley Development Commission

· Real-estate Agents;

· Resort operators;

· Broome Police; and

· People who corresponded with the Shire following the 2019 ABC article.

It is also proposed that the Directions Paper is made available for review so the community can provide feedback on the established discussion points and also have an appreciation of the proposed provisions contained in the draft LPP.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

4. Procedure for making local planning policy

(1) If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —

(a) publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i) the subject and nature of the proposed policy; and

(ii) the objectives of the proposed policy; and

(iii) where the proposed policy may be inspected; and

(iv) to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b) if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c) give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

(2) The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

(3) After the expiry of the period within which submissions may be made, the local government must —

(a) review the proposed policy in the light of any submissions made; and

(b) resolve to —

(i) proceed with the policy without modification; or

(ii) proceed with the policy with modification; or

(iii) not to proceed with the policy.

(4) If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

(5) A policy has effect on publication of a notice under subclause (4).

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

There are no financial implications to Council to adopt the LPP and advertising of the Policy will occur through existing budget allocations.

As identified in the 2019 Inquiry, higher local government rates are levied against Traditional Accommodation businesses than Short Term Rentals (Holiday Home land uses). Each year, Councils set a revenue target as part of their budgeting process. To meet their target, they determine a ‘rate in the dollar’ by dividing the rates collection by the total amount of valuations on their roll. An individual’s Council rates are calculated by multiplying the Gross Rental Value (GRV) of their property by the rate in the dollar.

Under the Local Government Act 1995, Councils can apply different rates according to land zoning, land use, whether the land is vacant or a mix of these factors.

To create a level playing field between traditional tourist operators and short-term rental accommodation from residential properties, the Shire will seek to apply differential rates according to land use (i.e. approved Holiday House land uses). This will mean that these land uses will be subject to a higher rate in the dollar.

This is a similar approach to other local governments including City of Fremantle, Shire of Denmark and City of Busselton.

RISK

Nil

STRATEGIC ASPIRATIONS

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone.

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.4 Support business growth, innovation and entrepreneurship.

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Twelve – A well informed and engaged community:

12.1 Provide the community with relevant, timely information and effective engagement.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/010

Moved: Cr N Wevers Seconded: Cr C Mitchell

That Council pursuant to Clause 4 (1) of the Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015 resolved to prepare Local Planning Policy – Holiday Houses as included in Attachment No 4, for public comment for a minimum of 90 days.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	2005 Discussion Paper
2.	Shire Submission to Inquiry on Short-Stay Accommodation
3.	Directions Paper
4.	Draft LPP

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

The Chief Executive Officer advised that a Revised Report Recommendation has been circulated to Councillors prior to the meeting. Amendments have been made to the Terms of Reference to have 4 Representatives of Traders in Cable Beach and accept Daryl Roberson from Broome Beach Hut as a late application.

Due to receiving 11 nominations for the 3 Broome Community and 9 for the Cable Beach Resident representatives an election took place.

Suspend Standing Orders:

Minute No. C/1121/011

Moved: Cr C Mitchell Seconded: Cr N Wevers

That Standing Orders be suspended at 5:38pm to allow the election to take place.

UNANIMOUSLY 7/0

REINSTATE STANDING ORDERS

Minute No. C/1121/012

Moved: Cr C Mitchell Seconded: Cr P Taylor

That Standing Orders be reinstated at 5:49pm

CARRIED UNANIMOUSLY 7/0

9.2.5 ENDORSEMENT OF CABLE BEACH COMMUNITY AND STAKEHOLDER REFERENCE GROUP MEMBERS

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: PLA98; RES 36477, COM18

AUTHOR: Manager Community Engagement & Projects

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY:

Expressions of Interest (EOI) for nominations to the Cable Beach Community and Stakeholder Reference Group (CBCSRG) were sought over a 4-week period. This report presents EOI nominations and requests Council to endorse the members in line with the Cable Beach Community and Stakeholder Reference Group Terms of Reference.

BACKGROUND

Previous Considerations

OMC 30 September 2021 Item 9.2.1

SCM 28 October 2021 Item 5.4.1

The Cable Beach Community Engagement Plan and Cable Beach Community and Stakeholder Reference Group Terms of Reference (TOR) document was developed and endorsed by Council at the Ordinary Meeting of Council (OMC) on 30 September 2021 (Attachment 1 and 2).

Council resolved as follows:

COUNCIL RESOLUTION

(REPORT RECOMMENDATION) Minute No. C/0921/018

Moved: Cr N Wevers Seconded: Cr F West

That Council:

1. Endorses the Community Engagement Plan for the Cable Beach Foreshore Redevelopment Project Detailed Design (Attachment 2) with the addition of the Cable Beach Turtle Monitoring Group to the Primary Stakeholders and the owner of the former Malcolm Douglas Crocodile Park Property;

2. Authorises the Chief Executive Officer to make minor changes to the Community Engagement Plan as required during implementation;

3. Approve a budget amendment of $18,000 excluding GST to Expense Account 1181426 for the delivery of the Community Engagement Plan and identify funds through the First Quarter 2021-2022 Finance and Cost Review;

4. Adopts the Cable Beach Community and Stakeholder Reference Group Terms of Reference (Attachment 2) with the addition of (1) one member Representative from the Cable Beach Turtle Monitoring Group and the owner of the former Malcom Douglas Crocodile Park Property;

5. Requests the Chief Executive Officer to advertise for Expressions of Interest for community member representation to fill positions on the Cable Beach Community and Stakeholder Reference Group and at the close of the submission period table all submissions to Council for consideration of endorsement; and

6. Request the Chief Executive Officer to formally invite representation from all member organisations included in the Cable Beach Community and Stakeholder Reference Group Terms of Reference (Attachment 2).

CARRID BY ABSOLUTE MAJORITY 8/1

Following the Council resolution above Shire Officers advertised the EOI period for four weeks, closing on 9 November 2021.

Officers utilised the following methods to promote involvement in the CBCSRG:

· Social media – Facebook posts 12 October, 27 October and 8 November 2021 (total of 19,661 people reached)

· Media release – 12 October 2021

· Shire News in the Broome Advertiser – 21 October 2021

· E-Newsletter – 19 October 2021 (opened by 1,459 people)

· Shire website

All organisations listed in the TOR received a formal invitation to have representation on the CBCSRG.

Targeted emails were also sent to businesses that have premises or are regular users of the Cable Beach area.

COMMENT

The Community Engagement Plan (Attachment 1) details consultation and engagement throughout the detailed design phase of the project. The plan aims to deliver a high standard of community engagement and consultation; working to ensure the community remain involved throughout the detailed design phase of the project and can provide feedback.

Given the significance of the Cable Beach Foreshore Redevelopment the Community Engagement Plan included the establishment of the CBCSRG.

The purpose of this group will be to:

· Provide input and feedback to the Shire of Broome and Council on the Cable Beach Foreshore Redevelopment detailed design

· Ensure the community and key stakeholders are appropriately engaged in the detailed design phase of the project

· Act as a conduit between the Shire of Broome, Council and the community, businesses and residents in Cable Beach

The Terms of Reference developed for this project can be found as (Attachment 2).

The following stakeholder groups have submitted an EOI to become members of the CBCSRG:

Organisation	Contact	Comment
Included in the TOR
Nyamba Buru Yawuru	Representative will be nominated in the future	Nominated in the TOR
Hawaiian Group	Adrian Beckett	Nominated in TOR
Australia’s North West	Natasha Mahar	Nominated in TOR
Kimberley Development Commission	Tim Bray	Nominated in TOR
Dinosaur Coast Management Group	Sarah Taylor-Fuller	Nominated in TOR
Surf Life Saving Club	Peter Selten	Nominated in TOR
Department of Biodiversity, Conservation and Attractions (Turtle Monitoring Program)	Representative will be nominated in the future	Nominated in TOR
Environs Kimberley	Martin Pritchard	Nominated in TOR
Malcom Douglas Crocodile Park	Lachlan Douglas	Nominated in TOR
Not included in the TOR and have submitted an EOI
Regional Development Australia	Janine Hatch	Not nominated in the TOR and formally submitted EOI
Broome Camp School	Brad Carr	Not nominated in the TOR and formally submitted EOI
Broome Visitor Centre	Melanie Virgo	Not nominated in the TOR and formally submitted EOI
Department of Biodiversity, Conservation and Attractions	Representative will be nominated in the future	Not nominated in the TOR and formally submitted EOI
Included in the TOR and did not receive a nomination
Tourism WA		Nominated in the TOR and did not submit EOI
Broome Chamber of Commerce and Industry		Nominated in the TOR and did not submit EOI

Given the interest in involvement in the CBCSRG from Regional Development Australia, Broome Camp School and Broome Visitor Centre, it is recommended Council consider amending the TOR to allow their involvement. It also recommended that Tourism WA, and Broome Chamber of Commerce and Industry remain within the TOR, however, be noted as vacant at this point in time to permit future involvement should there be a desire. Both organisations remain deemed important stakeholders and it is proposed for the Chief Executive Officer to engage further to secure their involvement.

Department of Biodiversity, Conservation and Attractions (DBCA) have submitted two EOI forms including a proposed representative for the turtle monitoring program, in addition to a further DBCA representative. It is proposed to only accept the one representative in line with the Council endorsed TOR as this position can also provide feedback on behalf of the broader organisation.

EOI for Traders in Cable Beach – Four (4) Members

Name	Comment
Stuart Voce	Zanders
Nigel Perry	Blue Seas Resort
Melissa McDougall	Broome Explorer Bus
Daryl Roberson	Broome Beach Hut
Total	4 nominations

EOI for:

· Cable Beach Residents – Three (3) Members

· Broome Community – Three (3) Members

Name	Nomination
Gianna Cortese	Cable Beach Resident
Martin Johnston	Cable Beach Resident
Garry Waldron	Cable Beach Resident
Kim Ivey	Cable Beach Resident
Steve Pearce	Cable Beach Resident
James Carpenter	Cable Beach Resident
Chelsea Hinde	Cable Beach Resident
Ashlie Williamson	Broome Community
Lee Stewart	Broome Community
Marlikka Perrisat	Broome Community
Owen Hightower	Broome Community
Erin Parke	Broome Community
Emma Kinney	Broome Community
Carmel Leahy	Broome Community
Ellen Smith	Broome Community
Phil Docherty	Broome Community
Chris Maher	Broome Community / Cable Beach Resident
Damian Dep	Broome Community / Cable Beach Resident
Total	18 nominations

Supporting information provided by the submitters for the EOI for Traders in Cable Beach / Cable Beach Residents / Broome Community have been collated in Attachment 3.

Given the high levels of interest for involvement in this project from Cable Beach residents and community members Council may consider increasing community representation on the group.

It is however noted that there are a number of opportunities highlighted within the community engagement plan for involvement through workshops etc. whereby all community members that have submitted an EOI can still be involved outside of the CBCSRG.

There are currently 22 members proposed to be on this group. Given the strong community interest in this project it is recommended Council increase the number of Cable Beach residents and Broome community representation from 2 to 3 for both. This will result in 24 members of the CBCSRG.

CONSULTATION

The EOI period ran for 4 weeks from 12 October 2021 – 9 November 2021.

Officers utilised the following methods to advertise involvement in the CBCSRG:

· Social media – Facebook posts 12 October, 27 October and 8 November 2021 (total of 19,661 people reached)

· Media release – 12 October 2021

· Shire News in the Broome Advertiser – 21 October 2021

· E-Newsletter – 19 October 2021 (opened by 1,459 people)

· Shire website

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

Risk	Type	Rank	Mitigation
Concerns regarding the level of community engagement	Reputational	Medium	The TOR has assigned organisations from across the Broome Community to be involved in the CBCSRG. Several community positions have also been included in the group.
Negative feedback regarding levels of community engagement	Reputational	Medium	Detailed Community Engagement Plan has been developed and endorsed by Council.
Final designs for the Cable Beach Foreshore Redevelopment do not meet community needs.	Reputational	Medium	The Cable Beach Foreshore Masterplan was formally endorsed by Council in 2017 following an extensive community consultation process. The detailed design phase of the project looks to build on work undertaken in the master planning phase.

STRATEGIC ASPIRATIONS

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone.

Outcome Four - An inclusive community that celebrates culture, equality and diversity:

4.1 Grow knowledge, appreciation and involvement in local art, culture and heritage.

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone.

Outcome Six - Responsible growth and development with respect for Broome’s natural and built heritage:

6.3 Create attractive, sustainable streetscapes and green spaces.

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone.

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.2 Activate the precincts of Broome.

Outcome Ten – Appropriate infrastructure to support sustainable, economic growth:

10.1 Invest strategically in property to stimulate economic growth.

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Twelve – A well informed and engaged community:

12.1 Provide the community with relevant, timely information and effective engagement.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/013

Moved: Cr C Mitchell Seconded: Cr P Taylor

That Council:

1. Approves the revised Cable Beach Community and Stakeholder Reference Group Terms of Reference (Attachment 2); and

2. Notes the following stakeholders as members of the Cable Beach Community and Stakeholder Reference Group as per the TOR:

· Nyamba Buru Yawuru representative

· Broome Chamber of Commerce and Industry

· Hawaiian Group

· Australia’s North West

· Kimberley Development Commission

· Dinosaur Coast Management Group

· Surf Life Saving Club

· Department of Biodiversity, Conservation and Attractions representative

· Environs Kimberley

· Tourism WA

· Malcom Douglas Crocodile Park

3. Appoints the following additional stakeholder as members to the Cable Beach Community and Stakeholder Reference Group:

· Regional Development Australia

· Broome Camp School

· Broome Visitor Centre

4. Appoints the following Cable Beach Traders as members of the Cable Beach Community and Stakeholder Reference Group:

· Zanders – Stuart Voce

· Blue Seas Resort – Nigel Perry

· Broome Explorer Bus – Melissa McDougall

· Daryl Roberson – Broome Beach Hut

5. Appoints the following Cable Beach Residents and Broome Community members of the Cable Beach Community and Stakeholder Reference Group:

· Cable Beach Resident 1 – Gary Waldron

· Cable Beach Resident 2 – Gianna Cortese

· Cable Beach Resident 3 – Chelsea Hinde

· Broome Community 1 – Owen Hightower

· Broome Community 2 – Emma Kinney

· Broome Community 3 – Damien Dep

6. Requests the Chief Executive Officer formally invite all community members that submitted an EOI for the Cable Beach Community and Stakeholder Reference Group to future community workshops planned throughout the consultation phase of the project.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Cable Beach Foreshore Redevelopment Community Engagement Plan
2.	Cable Beach Community and Stakeholder Reference Group Terms of Reference
3.	Expressions of Interest Traders / Cable Beach Residents / Broome Community

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

9.4 Performance

9.4.1 WALGA DRAFT POLICY PROPOSAL - ELECTED MEMBER SUPERANNUATION

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GOC01

AUTHOR: Director Corporate Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

To consider the Western Australian Local Government Association’s (‘WALGA’) Draft Policy

Paper (refer Attachment 1) which advocates changes to the Local Government Act 1995 to require superannuation to be paid to Elected Members.

BACKGROUND

In early 2021 WALGA received correspondence from several member Councils seeking the development of a discussion paper exploring the provision of superannuation for Elected Members. In September 2021 WALGA wrote to all Western Australian Local Governments seeking feedback on its Draft Elected Member Superannuation Policy (WALGA Policy, Attachment 1) which advocates for Elected Members to be required to be paid superannuation.

Elected Member’s are not considered employees of a local government and therefore the local government is not required to make superannuation guarantee payments under current legislation. Elected Members can make personal contributions or make salary sacrifice payments from current sitting fees and allowances paid through the local government, but this is not a legislative requirement.

Superannuation is currently not provided for Elected Members at the Shire of Broome, or at any other local government in Western Australia.

As the WALGA policy paper outlines, a local government, by resolution of Council, can become an ‘eligible local governing body’ under the Taxation Administration Act 1953 (Cth) which entitles a local government to make superannuation contributions. This decision means that PAYG tax is to be withheld and Fringe Benefit Tax (FBT) applies.

The WALGA Policy proposes that the Local Government Act 1995 (the Act) be amended to facilitate the payment of superannuation to Elected Members in addition to fees and allowances. This approach avoids the problems associated with the current arrangements around the need to withhold income tax and pay FBT.

Feedback from the sector will inform a State Council agenda item which will be considered at November 2021 Zone meetings and the 1 December meeting of the State Council. Following a State Council decision, advocacy will be undertaken with the Minister for Local Government.

Superannuation is currently set at 10%. The Federal Government has recently passed a Bill to amend the Superannuation Guarantee (Administration) Act 1992. From 1 July 2021 to 1 July 2025, the Superannuation Guarantee will increase from 9.5% to 12% in 0.5% increments and is legislated to increase by 0.5% per year until it reaches 12.5%.

COMMENT

The main questions raised by the WALGA Policy relate to whether superannuation should be made available to elected members on a discretionary basis (i.e. optional for each local government to consider) or whether superannuation should be a legislated payment (mandatory on top of current fees and allowances paid).

Generally, the payment of fees and allowances has been discretionary for local governments and, as has been discovered in comparing Councillor sitting fees and allowances between Councils, many have different arrangements (within the band ranges set by the relevant Salaries and Allowances Tribunal determination).

Approaches in other jurisdictions are mixed, however the issue of superannuation entitlements for Elected Members has increasingly been the subject of public debate in other states of Australia. The Australian Tax Office has determined that board members are considered to be employees for the purposes of the Superannuation Guarantee legislation. Accordingly, where an agency makes a payment to a board member of greater than $450 in one month, that agency is required to contribute a prescribed amount as per the Superannuation Guarantee rate.

In New South Wales, following a state-led discussion paper and consultation process, amendments to the Local Government Act have been put forward that would enable Councils to resolve to pay superannuation contributions from July 2022. This mirrors the approach in Queensland where, under the state’s Local Government Act, Councils may resolve to pay superannuation contributions to Elected Members.

Elected Members in Victoria are paid a cash loading equivalent to the superannuation guarantee, but this is not required to be paid into a superannuation fund. No superannuation is paid in Tasmania, South Australia or the Northern Territory.

The WALGA Policy is silent on the alternative argument being that elected members are not considered to be employees, but more generally reflect the position of a board member, and as such would not qualify for superannuation.

The Act is quite specific in its separation of the Council and the Administration with the intent that Councillors are not considered employees. This extends to the application of other legislation including the Fair Work Act 2009 and the Occupational Safety and Health Act 1984, neither of which applies to Elected Members.

One of the considerations cited in the WALGA Policy is the promotion of the role of Councillor within the community and a need for recognition of the significant commitment and professionalism required of the role. The inclusion of superannuation may be an opportunity to emphasise this position.

Additionally, the role of Councillor often takes the place of paid employment and the WALGA Policy suggests that it is therefore appropriate that superannuation guarantee contributions are paid.

While valid points, the nexus between the introduction of (optional or mandatory) superannuation and the value placed on being an Elected Member is tenuous.

An alternative approach might be that Council considers increasing Councillor sitting fees and allowances (currently set at 75%), achieving the two aspirations above while ensuring that the separation between Elected Members and administration is maintained. From an industry perspective, this limits options for Councils currently sitting at 100% of their band allowances, however a more appropriate solution may be to advocate for lifting the maximum siting fees and allowances payable, rather than introducing superannuation.

Importantly, the latest tranche of proposed Local Government reforms includes the consideration of Superannuation allowances and contributions. While these proposed reforms have only been recently released with consultation occurring through to February 2022, it would seem prudent to delay forming a position on superannuation until the reforms have been finalised.

There is a financial consideration associated with the decision which would equate to 10% of sitting fees and allowances (increasing each year up to 12%). Final allocations for sitting fees and allowances are made each year during the annual budget cycle and traditionally sit at 75% of the allowable maximum totalling $254,089 (however could be up to $338,785). At the current 10% superannuation guarantee rate the change would result in a $25,409 increase in costs ($33,878 at 100%). The table below outlines the impact over the course of the Federal governments mandated Superannuation Guarantee Act increases:

Year	Superannuation Guarantee	Cost (at 75% of maximum)
2022-23	10.5%	$26,678.35
2023-24	11%	$27,949.79
2024-25	11.5%	$29,220.24
2025-26	12%	$30,490.68

Usually such a concept will be presented through the Concept Forum, however due to the consultation period closing after elections in November 2021, the proposal is presented here for initial feedback. Adopting support for the draft policy paper does not bind Council on any outcome but allows WALGA to formulate a more informed policy paper based on broader industry experience and impacts.

Consistency in application of the superannuation guarantee for Elected Members is suggested therefore officers recommend that Council does not support the WALGA Draft Elected Member Superannuation Policy and instead await the finalisation of the State Government’s Local Government Reform Package.

CONSULTATION

WALGA

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Elected Member Entitlements

FINANCIAL IMPLICATIONS

Should superannuation be mandated or optionally supported by Council the payment would equate to 10% of sitting fees and allowances. Final allocations for sitting fees and allowances are made each year during the annual budget cycle and traditionally sit at 75% of the allowable maximum (currently $254,089 however could be up to $338,785).

At the current 10% superannuation guarantee rate the change would result in a $25,409 increase in costs ($33,878 at 100%). The table below outlines the impact over the course of the Federal governments mandated Superannuation Guarantee Act increases:

Year	Superannuation Guarantee	Cost (at 75% of maximum)
2022-23	10.5%	$26,678.35
2023-24	11%	$27,949.79
2024-25	11.5%	$29,220.24
2025-26	12%	$30,490.68

RISK

There is a small financial consideration associated with the proposed WALGA Policy however the primary risk lies in the public perception associated with the introduction of superannuation for Elected Members. In the current post COVID economic climate the introduction of an additional fee (and cost for ratepayers) may not be viewed as being appropriate in the wider community.

STRATEGIC ASPIRATIONS

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Eleven – Effective leadership, advocacy and governance:

11.2 Deliver best practice governance and risk management.

VOTING REQUIREMENTS

Simple Majority

Council Resolution

(Report Recommendation) Minute No. C/1121/014

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That Council note that the latest tranche of the State Government’s proposed Local Government Reforms include consideration of Elected Member Superannuation allowances and contributions and as such does not endorse the recommendation in the WALGA Draft Elected Member Superannuation Policy on the provision of superannuation for Elected Members.

CARRIED 4/3

Attachments

1.	WALGA Draft Elected Member Superannuation Policy

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

9.4.2 ELECTED MEMBER RESIGNATION

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GOC34

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

Councillor Fiona West resigned from Council on 21 October 2021.

Council is presented with two options to consider in relation to the vacant office created.

BACKGROUND

Previous Considerations

OMC 23 October 2014 Item 12.1

OMC 28 March 2019 Item 9.4.1

In accordance with section 2.31 of Local Government Act 1995 (the Act), Councillor Fiona West (Cr West) provided written notice of her resignation to the Chief Executive Officer (CEO) on 21 October 2021, with the resignation taking immediate effect.

COMMENT

Vacancy of Office – Options

The two options for Council’s consideration are:

1. Extraordinary Election under section 2.32 of the Act; or

2. Apply to the Electoral Commissioner under section 4.17(3) to keep the vacant office unfilled until the next ordinary election of Council (21 October 2023)

Extraordinary Election

The minimum number of days required in the lead up to an extraordinary election is 80. Friday 25or Saturday 26 February 2022 would be the earliest date possible as advised by the Western Australian Electoral Commission (WAEC).

The WAEC have provided the below estimates for conducting an Extraordinary Election either in person or by postal vote on these dates.

The option of considering a postal vote for an extraordinary election, whilst more expensive due to additional printing and postage costs, would provide an opportunity for Council to trial this format and to also gauge whether postal voting achieved a greater participation rate. This would also align with the Local Government Act Review recommendation that all local government elections be conducted by postal voting.

During recent election periods the WAEC have been providing external returning officers that reside outside the Shire. This is to help the Shire’s administration be as independent from the process as possible.

Election Format	Returning Officer	Estimate
In Person	External	$24,000
Postal Vote	External	$37,000

Unfilled Vacancy

Under section 4.17(3) of the Act, Council may, with the approval of the Electoral Commissioner, allow the vacancy to remain unfilled until the next ordinary election of Council providing section 4.17(4A)(b) is complied with. Clause 4A(b) requires that at least 80% of the number of offices of councillor for the Broome ward (7) remain filled.

Following Cr Wests resignation, the Broome Ward has 6 of 7 offices filled providing coverage of 85.71%.

In October 2014, Cr Jenny Bloom resigned with 12 months remaining on her term. The option to leave the vacancy unfilled under section 4.17(3) was the option chosen by the Council of the day, and subsequently approved by the Electoral Commissioner. Whilst this acts as somewhat of a precedent, the vacancy period in the case of Cr West is twice as long and therefore requires Council to consider the potential impact on managing quorum requirements and the workload associated with operating the Council, Committee’s and Working Group’s during this period.

Conclusion

With two distinct options available to Council, there are two alternate recommendations for Council to consider. It is not considered appropriate in this instance for the report to contain an officer’s recommendation and therefore both options are provided below. Further to this, if Council chose to conduct an Extraordinary Election, a choice between in person voting and postal voting will be required.

Recommendation 1 – Extraordinary Election

That Council:

1. Acknowledge Councillor West’s resignation as of 21 October 2021;

2. Thanks Councillor West for her contribution to the Shire of Broome as an elected member since October 2019;

3. Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2022 Extraordinary Election;

4. Determines the Shire of Broome 2022 Extraordinary Election be conducted as a postal vote / voting in person election as defined in section 4.61(1) of the Local Government Act 1995; and

5. Increase the election expenses budget account 100240400-34 by $XX,XXX in the 2021/22 budget.

Recommendation 2 – Unfilled Vacancy

That Council:

1. Acknowledges Councillor West’s resignation as of 21 October 2021;

2. Thanks Councillor West for her contribution to the Shire of Broome as an elected member since October 2019; and

3. In accordance with section 4.17(3) of the Local Government Act 1995, requests 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 2023 ordinary election.

CONSULTATION

WAEC – Have indicated support for either option.

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 2.31 – Resignation

Section 4.17 – Cases in which vacant offices can remain unfilled

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Option 1 - Conducting an extraordinary election would be unbudgeted expenditure requiring a budget amendment in the range of $24,000 - $37,000.

Option 2 – Leaving the vacant office unfilled until October 2023 will result in an elected member entitlements budget saving of $42,000.

RISK

Option 1 – Minor reputational risk. Some residents will naturally be opposed to the incurrence of additional expenditure so close to an ordinary election.

Option 2 – Minor reputational and perception risk. Some residents will consider that two years is too long a period to not fill the position and that the vacancy may undermine the democratic decision-making process through a reduction in alternative opinions.

Maintaining the vacant office for 2 years will increase the possibility that quorum issues will arise particularly with agenda items that require an Absolute Majority. These can be mitigated by careful management and early declarations of interest by elected members. Participation approvals or quorum reduction applications to the Minister for Local Government are available through the Department of Local Government, Sport and Cultural Industries.

STRATEGIC ASPIRATIONS

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Eleven – Effective leadership, advocacy and governance:

11.2 Deliver best practice governance and risk management.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution

Minute No. C/1121/015

Moved: Cr N Wevers Seconded: Cr P Matsumoto

Extraordinary Election – In Person

That Council:

1. Acknowledge Councillor West’s resignation as of 21 October 2021;

2. Thanks Councillor West for her contribution to the Shire of Broome as an elected member since October 2019;

3. Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2022 Extraordinary Election;

4. Determines the Shire of Broome 2022 Extraordinary Election be conducted as a voting in person election as defined in section 4.61(1) of the Local Government Act 1995; and

5. Increase the election expenses budget account 100240400-34 by $24,000 in the 2021/22 budget.

6. That the election be held on Saturday 26 February 2022

LOST BY ABSOLUTE MAJORITY 2/5

Those in favour: Crs P Matsumoto and N Wevers

Those against: Crs H Tracey, Crs D Male, C Mitchell, P Taylor and B Rudeforth

Council Resolution

Minute No. C/1121/016

Moved: Cr P Taylor Seconded: Cr C Mitchell

Unfilled Vacancy

That Council:

1. Acknowledges Councillor West’s resignation as of 21 October 2021;

2. Thanks Councillor West for her contribution to the Shire of Broome as an elected member since October 2019; and

CARRIED BY ABSOLUTE MAJORITY 5/2

Those in favour: Crs H Tracey, Crs D Male, C Mitchell, P Taylor and B Rudeforth

Those against: Crs P Matsumoto and N Wevers

Attachments

Nil

9.4.3 2022 ORDINARY COUNCIL MEETING DATES

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: AME01

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

For Council to accept the proposed dates for the Ordinary Meetings of Council to be held in 2022.

BACKGROUND

Each year Council endorses the proposed Ordinary Meeting of Council (OMC) dates for the following year which allows the Chief Executive Officer (CEO) to publish these on the Shire’s website as per section 5.25(1)(g) of the Local Government Act 1995 and regulation 12(2)(a) of the Local Government (Administration) Regulations 1996.

COMMENT

Council meets on the last Thursday of each month at 5.00pm in the Council Chambers for the Ordinary Meetings of Council (OMC) February – October. The November and December OMC’s are brought forward to the third Thursday to accommodate the Christmas break and there is no OMC in January.

Agenda Forums are held on the Tuesday preceding each OMC commencing at 3.00pm in the Council Chambers.

Councillor Workshops are typically held on the second Tuesday of each month. Looking at the calendar for 2022, this will clash with Broome Turf Club’s Ladies Day in August 2022 and the Melbourne Cup Day in November 2022. To avoid this, it is proposed to hold the workshops of the Monday the day prior.

Bringing forward the November and December Council meetings will also mean that the Councillor Workshops for these months will be held on the last Tuesday in October and November. Further details are provided in the attached 2022 Councillor Meetings Calendar (Attachment 1).

Proposed 2022 Ordinary Meeting’s of Council Dates:

January - recess	26 May 2022	29 September 2022
24 February 2022	30 June 2022	27 October 2022
31 March 2022	28 July 2022	17 November 2022
28 April 2022	25 August 2022	15 December 2022

Dampier Ward Community Meetings

COVID-19 has restricted the ability to visit the Dampier Ward aboriginal communities over the last 2 years. Restrictions are easing and attempts will be made in the first half of 2022 to visit Bidyadanga and the Dampier Peninsula communities.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 5.25 (1)(g) requires that public notice is provided for ordinary meetings of council.

Local Government (Administration) Regulations 1996

Regulation 12 (2)(a) requires the CEO to publish on the Shire’s website the meeting details for the ordinary meetings of council before the beginning of the year in which the meetings are held.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil – previously meeting dates required public notice in a newspaper generally circulating in the district. Regulation 12 was changed during 2021, to only require publishing on the Shire’s official website.

RISK

Minor reputational risk from non-compliance. This item mitigates this risk.

STRATEGIC ASPIRATIONS

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Eleven – Effective leadership, advocacy and governance:

11.2 Deliver best practice governance and risk management.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/017

Moved: Cr C Mitchell Seconded: Cr N Wevers

That Council:

1. Adopts the following dates for Ordinary Meetings of Council in 2022, to be held at the Shire of Broome Council Chambers commencing at 5.00pm:

(a) January 2022 - Recess

(b) 24 February 2022

(c) 31 March 2022

(d) 28 April 2022

(e) 26 May 2022

(f) 30 June 2022

(g) 28 July 2022

(h) 25 August 2022

(i) 29 September 2022

(j) 27 October 2022

(k) 17 November 2022

(l) 15 December 2022; and

2. Request the Chief Executive Officer to publish the above dates on the Shire of Broome website in accordance with regulation 12(2)(a) of the Local Government (Administration) Regulations 1996.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	2022 Council Meeting Dates

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

The Director Corporate Services advised that the Election Caretaker Policy review has been deferred to a later date following Cr Wevers’ request at the Agenda briefing. The recommendation has been amended to remove reference to the Election Caretaker Policy.

9.4.4 COUNCIL POLICY REVIEWS - VARIOUS

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ADM28

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

A range of Council Policies are presented to Council for endorsement following a review in accordance with Councils’ adopted Policy Framework. The Policy Framework has also been reviewed. Recommended changes are summarised in the body of the report.

The review of Local Planning Policies will commence after the Local Planning Scheme No.7 has been approved.

BACKGROUND

Previous Considerations

OMC 12 December 2019 Item 9.4.5

Council adopted a Policy Framework to transition the Council Policy review process in 2019. The key element of the Policy Framework was a move to a risk-based rolling review approach. Previously all Council Policies were reviewed biennially following an ordinary election, but it was recognised that this was creating an arduous task for staff and elected members. The Policy Framework has ensured that Council Policies are developed consistently and are reviewed regularly whilst at the same time reducing the administration overhead involved.

COMMENT

Policy Framework Recommended Improvements (Attachment 1)

Understanding and adherence to some Council Policies is improved by the inclusion of additional explanatory. The term Management Guidelines has been added to the Policy Framework to clarify that where process/procedural information is included that this is administrative in nature and that the Chief Executive Officer or Responsible Director can update this content as required.

The minimum term for a review of low-risk Council Policies has been extended to 4 years. This ensures that each policy is reviewed at least once during each elected member’s term of office. Each Council Policy will still be subject to an annual desktop review to ensure compliance with any legislative provisions or that there hasn’t been a change in circumstances that would warrant an earlier full review by Council.

Community Sponsorship Program Policy (Attachments 2 & 3)

The policy has been updated to make it clear that recipients of ad hoc sponsorship are not precluded from applying for Annual Community Matched Funding. The criteria to provide audited financial statements has also been removed as this was onerous relative to the size of the maximum amount of support being provided.

The Community Sponsorship Assessment Working Group (CSAWG) held a workshop on 17 August 2021 to review the guidelines for the Annual Community Matched Funding Program. Changes to the guidelines have been circulated to Councillors with the updated Sponsorship Guidelines attached.

Compliance and Enforcement Policy (Attachment 4)

No changes.

The Council review frequency has been extended to 3 yearly from biennial.

Debt Collection Policy (Attachment 5)

The WALGA model delegations for the Recovery of Rates Debts was adopted by Council in March 2021. Minor changes to the policy reflect the sub delegation now held by the Director Corporate Services to facilitate a range of administrative functions should debt recovery be required. Previously this required a decision of Council. The Council review frequency has been extended to 3 yearly from biennial.

Elected Member Continuing Professional Development Policy (Attachment 6)

This policy was adopted in June 2020 after becoming a legislative requirement.

No changes have been made. Section 5.128(5)(a) of the Local Government Act (1995) requires this policy to be reviewed by Council after each ordinary election.

Elected Member Entitlements Policy (Attachment 7)

Clause 3.3 – Conferences and Training that may be attended has been updated to include reference to the new mandatory elected member training requirements and the commitment to continuing professional development.

Clause 3.7 – Special Provision, has been modified to allow the Shire President and the Chief Executive to nominate a proxy should either be unable to attend an interstate conference.

Formal Communication – Elected Members and Staff (Attachment 8)

No changes.

Forums of Council Policy (Attachments 9 & 10)

This policy has been substantially re-written to improve understanding and readability.

The terms Concept Forum and Workshop that are used interchangeably have been merged so that Council simply has Workshops and Agenda Forums.

Legal Representation – Costs Indemnification Policy (Attachment 11)

The current policy states that the Shire “will not support any defamation actions seeking the payment of damages….”

A review of similar policies across the local government sector in WA identified a trend towards changing this wording to “may support defamation action seeking the payment of damages…”

This provides a stronger show of support to elected members and employees who are acting in their official capacity and provides a potential deterrent to members of the public considering engaging in inappropriate conduct.

Legislative Compliance Policy (Attachment 12)

Minor legislative changes have been updated administratively. The Council review frequency has been extended to 4 yearly from biennial.

Operation of Temporary Caravan and Camping Facilities Policy (Attachment 13)

A review of this policy was completed by the Environmental Health Team following a very busy dry season, with two recommended clauses added to improve clarity.

Clause e) added “The Shire is to be notified if a visitor in a Temporary Approved Facility demonstrates genuine hardship for which, the Shire can approve a length of stay of more than seven nights.”

Clause j) added ”Once notice to close is given, no additional visitors are to be registered at the Temporary Facility.”

The Council review frequency has been extended to 4 yearly from 3 Yearly.

Trading in Public Places Policy (Attachment 14)

References to the Trading, Outdoor Dining and Street Entertainment Local Law and Property and Public Places Local Law were administratively updated following their review in 2016.

CONSULTATION

Policies have been reviewed by the Responsible Officer and the accountable Director.

STATUTORY ENVIRONMENT

Local Government Act 1995

Role of council

(1) The council –

(a) governs the local government’s affairs; and

(b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1, the council is to –

(a) oversee the allocation of the local government’s finances and resources; and

(b) determine the local government’s policies.

POLICY IMPLICATIONS

As contained in the body of the report.

FINANCIAL IMPLICATIONS

Not applicable

RISK

Having clear, concise, current and consistent policies reduces the risk of interpretation errors that could have negative impacts on the Shire.

STRATEGIC ASPIRATIONS

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Eleven – Effective leadership, advocacy and governance:

11.2 Deliver best practice governance and risk management.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/018

Moved: Cr H Tracey Seconded: Cr C Mitchell

That Council:

1. Approves the updated Policy Framework as detailed in Attachment 1;

2. Approves the following Council Policies inclusive of recommended improvements as detailed in Attachments 2 – 15

(a) Community Sponsorship Policy

(b) Compliance and Enforcement Policy

(c) Debt Collection Policy

(d) Elected Member Continuing Professional Development Policy

(e) Elected Member Entitlements Policy

(f) Formal Communication – Elected Members and Staff Policy

(g) Forums of Council Policy

(h) Legal Representation – Costs Indemnification Policy

(i) Legislative Compliance Policy

(j) Operation of Temporary Caravan and Camping Facilities Policy; and

(k) Trading in Public Places Policy

3. Notes that Local Planning Policies will be reviewed following the approval of Local Planning Scheme No.7

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Updated Shire of Broome Policy Framework
2.	Community Sponsorship Program Policy
3.	Annual Community Matched Funding Guidelines
4.	Compliance and Enforcement Policy
5.	Debt Collection Policy
6.	Elected Member Continuing Professional Development Policy
7.	Elected Member Entitlements Policy
8.	Formal Communication - Elected Members and Staff
9.	Forums of Council Policy - Current
10.	Forums of Council Policy - Proposed
11.	Legal Representation - Costs Indemnification Policy
12.	Legislative Compliance Policy
13.	Operation of Temporary Caravan and Camping Facilities Policy
14.	Trading in Public Places Policy

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

9.4.5 Monthly Payment Listing - October 2021

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Finance Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report, for October 2021.

BACKGROUND

The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds as per the budget allocations.

COMMENT

The Shire provides payments to suppliers by either Electronic Funds Transfer (EFT & BPAY), cheque, credit card or direct debit. Attached is a list of all payments processed under delegated authority during October 2021.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

13. Payments from municipal fund or trust fund by CEO, CEO’s duties as to etc.

(1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared —

(a) the payee’s name;

(b) the amount of the payment; and

(c) the date of the payment; and

(d) sufficient information to identify the transaction.

(2) A list of accounts for approval to be paid is to be prepared each month showing —

(a) for each account which requires council authorisation in that month —

(i) the payee’s name; and

(ii) the amount of the payment; and

(iii) sufficient information to identify the transaction; and

(b) the date of the meeting of the Council to which the list is to be presented.

(3) A list prepared under sub regulation (1) or (2) is to be —

(a) presented to the Council at the next ordinary meeting of the Council after the list is prepared; and

(b) recorded in the minutes of that meeting.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

List of payments made in accordance with budget and delegated authority. Payments can also be analysed as follows:

The graph below displays the percentage comparison for the total spending for the month of October 2021. Local Spending accounted for $561,315.26 ($14%), non-local payments were $2,169,122.24 (52%), personnel payments totalled $1,205,740.99 (29%) and utility payments totalled $212,984.14 (5%) for the month of October 2021.

The graph below shows the percentage of local spend (15%) in comparison to non-local (85%) and recoupable spend for October 2021 after $1,205,740.99 in personnel payments, $212,984.14 in utilities and other non-local sole suppliers were excluded.

YEAR TO DATE CREDITOR PAYMENTS

The below table summaries the total payments made to creditors

RISK

The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996.

The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement and Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.

STRATEGIC CORPORATE PLAN OBJECTIVES

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Thirteen - Value for money from rates and long term financial sustainability:

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/019

Moved: Cr P Taylor Seconded: Cr H Tracey

That Council:

1. Receives the list of payments made from the Municipal and Trust Accounts in October 2021 totalling in $4,149,162.63 (Attachment 1) per the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a) EFT Vouchers EFT 62742 – EFT 63110 totalling $3,973,999.67;

b) Municipal Cheque Vouchers 57712 - 57715 totalling $1,483.11;

c) Trust Cheque Vouchers 00000 - 00000 totalling $0.00; and

d) Credit Card Payments and Municipal Direct Debits DD300004.1 – DD30061.9 totalling $173,679.85.

2. Notes the local spend of $561,315.26 included in the amount above, equating to 27%. of total payments excluding personnel, utility and other external sole supplier costs

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Monthly Payment Listing October 2021

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

9.4.6 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT- OCTOBER 2021

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Finance Officer - Revenue

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 October, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

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).

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 2021/22 Annual Budget was adopted at the Ordinary Meeting of Council on 24 June 2021. The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

Budget Year Elapsed 34%

Total Rates Revenue Raised 100% (of which 73% has been collected)

Total Other Operating Revenue 45%

Total Operating Expenditure 29%

Total Capital Revenue 45%

Total Capital Expenditure 27%

Total Sale of Assets Revenue 11%

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 2022/22 Annual Budget presented at the Ordinary Meeting of Council on 24 June 2021, Council adopted a balanced budget to 30 June 2022.

It should be noted that the account balances reflected in this report do not represent the actual 2020/21 end-of-year position. Currently, the Shire is still in the process of determining the 2020/21 final end-of-year position. As these processes are underway, this report is presented as a snapshot of the Shire’s position to the end of October 2021 at the date of preparation of this report, and in no way represents the Shire’s final position which will likely be significantly different to what is presented. The 2020/21 end-of-year position can only be determined upon completion of the end-of-year processes and will be presented to Council as part of the 2020/21 Annual Financial Statements.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

34. Financial activity statement report — s. 6.4

(1A) In this regulation —

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

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

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

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

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

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

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

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

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

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

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

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

(a) according to nature and type classification;

(b) by program; or

(c) by business unit.

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

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

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

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

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

* Absolute majority required.

(1a) In subsection (1) —

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

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

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

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

POLICY IMPLICATIONS

Nil.

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 (CEO) 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 corporate plan objectives

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Eleven – Effective leadership, advocacy and governance:

11.2 Deliver best practice governance and risk management

Outcome Twelve – A well informed and engaged community:

12.1 Provide the community with relevant, timely information and effective engagement

Outcome Thirteen - Value for money from rates and long term financial sustainability:

13.1 Plan effectively for short and long term financial sustainability

13.2 Improve real and perceived value for money from rates

Outcome Fourteen – Excellence in organisational performance and service delivery:

14.3 Monitor and continuously improve performance levels.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/020

Moved: Cr D Male Seconded: Cr C Mitchell

That Council adopts the Monthly Financial Activity Statement Report for the period ended 31 October 2021 as attached.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT OCTOBER 2021

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

9.4.7 MINUTES OF THE AUDIT AND RISK COMMITTEE HELD 11 NOVEMBER 2021

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Director Corporate Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report requests Council to consider outcomes of the Audit and Risk Committee meeting held on 11 November 2021 and seeks adoption of the recommendations on the Quarter 1 Finance and Costing Review (FACR).

BACKGROUND

Previous Considerations

OMC 24 June 2021 Item 9.3.1

Quarter 1 Finance and Costing Review

The Shire of Broome has carried out its 1^st Quarter Finance and Costing Review (FACR) for the 2021-22 financial year. This review of the 2021-22 Annual Budget is based on actuals and commitments for the first three months of the year from 1 July 2021 to 30 September 2021, and forecasts for the remainder of the financial year.

This process aims to highlight over and under expenditure of funds and over and under achievement of income targets for the benefit of Executive and Responsible Officers to ensure good fiscal management of their projects and programs.

Once this process is completed, a report is compiled identifying budgets requiring amendments to be adopted by Council. Additionally, a summary provides the financial impact of all proposed budget amendments to the Shire of Broome’s adopted end-of-year forecast, to assist Council to make an informed decision.

It should be noted that the 2021-22 annual budget was adopted at the Ordinary Meeting of Council on 24 June 2021 as a balanced budget.

COMMENT

The Quarter 1 FACR commenced on 18 October 2021. The results from this process indicate a deficit forecast financial position of $48,746 should Council approve the proposed budget amendments. Council should note this net result excludes an organisational expense (deficit) of $55,326. The overall result indicates a total deficit position to 30 June 2022 of $104,073.

While officers make every effort to ensure the net impact of each FACR is minimal, the net deficit forecast mainly relates to the following proposed amendments:

· a $185,000 increase in revenue from anticipated Rates interest and admin fees

· a $227,000 reduction in budgeted Western Australian Local Government Grant Commission Road Grants (Local Roads component of FAGS)

· a $172,000 increase in commercial lease rental income

· a $238,000 amendment required to address budget upload errors identified through the process.

The above figure represents a budget forecast should all expenditure and income occur as expected. It does not represent the actual end-of-year position which can only be determined as part of the normal annual financial processes at the end of the financial year.

A comprehensive list of accounts (refer to Attachment 1) has been included for perusal by the committee, summarised by Directorate.

A summary of the results is as follows:

	SHIRE OF BROOME SUMMARY REPORT
	BUDGET IMPACT
	2021/22 Adopted Budget (Inc) / Exp	FACR Q1 Overall (Inc) / Exp (Org Savings not subtracted)	FACR Q1 Org. Exp / (Org Savings) (by Dept)	FACR Q1 Impact (Inc) / Exp (Org Savings subtracted)	YTD Adopted Budget Amendments (Inc) / Exp	YTD Impact (Org Savings Subtracted)
Executive - Total	0	77,956	37,956	40,000		40,000
Corporate Services - Total	0	44,471	44,471	15,000		15,000
Development - Total	0	0	0	0		0
Infrastructure - Total	0	(75,545)	(27,101)	(48,444)		(48,444)
Council approved budget amendments	0	0	0	0	42,190	42,190
	0,000*	61,882	55,326	6,556	42,190	48,746

CONSULTATION

All amendments have been proposed after consultation with Executive and responsible officers at the Shire, and approval of the Audit and Risk Committee.

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulation 1996

r33A. Review of Budget

(1) Between 1 January and 31 March in each financial year a local government is to carry out a review of its annual budget for that year.

(2A) The review of an annual budget for a financial year must —

(a) consider the local government’s financial performance in the period beginning on 1 July and ending no earlier than 31 December in that financial year; and

(b) consider the local government’s financial position as at the date of the review; and

(c) review the outcomes for the end of that financial year that are forecast in the budget.

(2) Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council.

(3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

(4) Within 30 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

(1a) In subsection (1) —

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

POLICY IMPLICATIONS

Nil.

It should be noted that according to the materiality threshold set at the budget adoption, should a deficit achieve 1% of Shire’s operating revenue ($395,334) the Shire must formulate an action plan to remedy the over expenditure.

FINANCIAL IMPLICATIONS

The net result of the Quarter 1 FACR estimates is a budget deficit position of $48,746 to 30 June 2022.

This net result excludes an organisational expense (deficit) of $55,326.

The overall result indicates a total deficit position to 30 June 2022 of $104,073.

RISK

The Finance and Costing Review (FACR) seeks to provide a best estimate of the end-of-year position for the Shire of Broome at 30 June 2022. Contained within the report are recommendations of amendments to budgets which have financial implications on the estimate of the end-of-year position.

The review does not, however, seek to make amendments below the materiality threshold unless strictly necessary. The materiality thresholds are set at $10,000 for operating budgets and $20,000 for capital budgets. Should a number of accounts exceed their budget within these thresholds, it poses a risk that the predicted final end-of-year position may be understated.

In order to mitigate this risk, the CEO enacted the FACRs to run quarterly and Executive examine each job and account to ensure compliance. In addition, the monthly report provides variance reporting highlighting any discrepancies against budget.

It should also be noted that should Council decide not to adopt the recommendations, it could lead to some initiatives being delayed or cancelled in order to offset the additional expenditure associated with running the Shire’s operations.

STRATEGIC ASPIRATIONS

Performance – We will deliver excellent governance, service and value, for everyone.

Outcome Eleven – Effective leadership, advocacy and governance:

11.2 Deliver best practice governance and risk management.

Outcome Thirteen - Value for money from rates and long term financial sustainability:

13.1 Plan effectively for short and long term financial sustainability.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/1121/021

Moved: Cr H Tracey Seconded: Cr N Wevers

That Council:

1. Receives the Quarter 1 Finance and Costing Review Report for the period ended 30 September 2021;

2. Adopts the operating and capital budget amendment recommendations for the year ended 30 June 2022 as attached;

3. Notes a forecast net end-of-year deficit position to 30 June 2022 of $48,746, noting an organisational expense (deficit) of $55,326, resulting in an overall deficit position of $104,073.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	MINUTES OF THE AUDIT AND RISK COMMITTEE HELD 11 NOVEMBER 2021

Minutes – Ordinary Council Meeting 18 November 2021 Page 1 of 2

This item and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(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”, and 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”.

14.1 REQUEST FOR FUNDING ASSISTANCE - BROOME VISITOR CENTRE

LOCATION/ADDRESS: Reserve 38458 - Lot 502 (1) Hamersley Street

APPLICANT: Nil

FILE: ECI05

AUTHOR: Director Corporate Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

At the Ordinary Meeting of Council held 25 March 2021 Council approved additional funding for the Broome Visitor Centre and the waiving of outstanding outgoings through to June 2021.

Council further requested the Broome Visitor Centre’s active and co-operative participation in progressing recommendations for improvement as outlined within the independent external operational review, needs analysis and options report (Attachment 1) including co-location options and operational modifications in line with current and forecast visitor servicing trends.

Finally, Council resolved to consider further funding in November 2021, dependant on an analysis of the independent external operational review and actual financial position.

This report presents an update on progress made in relation to the resolution passed by Council in March 2021 and recommends that funding be provided in the form of a 2 year financial assistance agreement, tied to specific measurable visitor servicing outcomes, and operational adjustments to facilitate increased office co-location options.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution

(Report Recommendation) Minute No. C/1121/023

Moved: Cr P Taylor Seconded: Cr D Male

That Council:

1. Acknowledge the operational actions undertaken by the Board and Management of the Broome Visitor Centre to maintain the financial position of the Broome Visitor Centre over the course of 2021;

2. Enter into a 2-year funding agreement with payment of up to $250,000 (ex GST) in each year of the agreement, comprising of an initial instalment of up to $125,000 (ex GST) paid in November, and a second instalment of up to $125,000 (ex GST) paid in April, dependant on the financial position of the Broome Visitor Centre at that point in time, conditional on the terms contained in point 3 below;

3. Requests the Chief Executive Officer to advise the Broome Visitor Centre that the allocation of funding assistance outlined in point 2 above is conditional on the Broome Visitor Centre:

(i) providing Council with unfettered access to its financial statements and position with the following documents, and any other financial and operational documents required, provided on request:

- Trial Balance;

- Profit and Loss;

- Multi Period Profit and Loss from the start of the calendar year;

- Aged Debtors and Trade Creditors Listing;

- Australian Tax Office Statements;

- Bank Statements;

- Broome Visitor Centre visitation statistics including door count; and

- Annual Audited Financials.

(ii) actively and co-operatively participating in progressing recommendations to review operations with a view to reducing required floor space to facilitate future co-location options;

(iii) maintaining a focus on minimising operational expenses;

(iv) ensuring that employee expenses more accurately reflect monthly revenue generation based on actual and historical financial information;

(v) targeting membership revenue collection in the first 2 months of the calendar year, to offset losses experienced in the tourist off season.

4. Requests the Chief Executive Officer executes an agreement with the Broome Visitor Centre reflecting points 2 and 3 above and provides biannual updates to Council through future Council workshops.

5. Notes the financial analysis undertaken has some basic limitation, including

a. Results are based on past performance, not future;

b. Future COVID-19 restrictions to travel are unknown and continually changing; and

c. Future visitation to the region is difficult to predict in the current economic climate.

CARRIED BY ABSOLUTE MAJORITY 5/2

Attachments

1.	Attachment 1 - Metrix Consulting - Operational Review, Needs Analysis and Options Report (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((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”, and 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”.
2.	Attachment 2 - Broome Visitor Centre Financial Analysis as of 31 December 2020 (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and 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”.
3.	Attachment 3 - 2021 Broome Visitor Centre Budget (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.	Attachment 4 - September 2021 Trian Balance (unaudited) (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and 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.	Attachment 5 - September 2021 Multi Period Statement of Profit and Loss (unaudited) (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”.
6.	Attachment 6 - September 2021 Balance Sheet (unaudited) (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”.
7.	Attachment 7 - 2020 Multi Period Statement of Profit and Loss (unaudited) (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”.

Council Resolution:

Minute No. C/1121/024

Moved: Cr N Wevers Seconded: Cr C Mitchell

That the Meeting again be open to the public at 6:55pm.

CARRIED UNANIMOUSLY 7/0

The Council chambers were opened and it was noted that no members of the public returned to the Chambers.

15. Meeting Closure

There being no further business the Chairperson declared the meeting closed at 6:55pm