Agenda of Ordinary Meeting - Thursday, 28 April 2022

Agenda – Ordinary Meeting of Council 28 April 2022 Page 3 of 680

Councillor Attendance Register
Councillor		Cr H Tracey	Cr D Male	Cr E Foy	Cr P Matsumoto	Cr C Mitchell	Cr B Rudeforth	Cr P Taylor	Cr N Wevers	Cr F West
2021	29 April	LOA			LOA
2021	27 May	LOA		A						LOA
2021	24 June
2021	29 July			LOA
2021	26 August			LOA			A
2021	30 September
2021	14 October				A
2021	18 November			LOA						R
2021	16 December			A						R
2022	24 February			LOA	A					R
2022	31 March						LOA			R

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

2.25. Disqualification for failure to attend meetings

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

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

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

(a) a meeting that has concluded; or

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

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

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

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

Agenda – Ordinary Meeting of Council 28 April 2022 Page 10 of 680

1. Official Opening

2. Attendance and Apologies

3. Announcements by President

4. Declarations of Interest

5. Public Question Time

6. Applications for Leave of Absence

7. Confirmation of Minutes

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 31 March 2022, as published and circulated, be confirmed as a true and accurate record of that meeting.

8. Presentations / Petitions / Deputations

There are no reports in this section.

9. Reports From Officers

9.1 People

9.1.1 STATUTORY REVIEW OF THE FOOD ACT 2008

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ACT15

AUTHOR: Environmental Health Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Department of Health has written to all local governments requesting Council endorsed submissions from authorised officers about the effectiveness of the Food Act 2008 in meeting its objectives (Attachment 1). The recommendations provided by the Shire’s Environmental Health team may strengthen and support the objectives of the Act being met.

BACKGROUND

On 1 December 2021 the WA Minister for Health Honourable Roger Cook MLA announced the statutory review of the Food Act 2008 (the Act). The Act is predominantly administered by the Local Government Environmental Health Officers (EHO’s) who are authorised to register food businesses, conduct food business inspections, investigate complaints, conduct routine food sampling, and ensure food businesses are compliant with the Act, Food Regulations 2009 (the Regulations) and Australia New Zealand Food Standards Code.

The review, through analysis of stakeholders’ submissions, aims to identify any issues with the effectiveness and operation of the Act and make recommendations to strengthen and support the objectives of the Act and its regulatory effectiveness. The primary objectives of the Act are to ensure food for sale is both safe and suitable for human consumption and to prevent misleading conduct in connection with the sale of food. The Department of Health has requested that submissions through the online survey from Local Government be endorsed by Council. The submission period runs from 1 December 2021 to 5 May 2022.

COMMENT

Overall, the Act is an effective piece of legislation for managing the safe operation of food businesses within Western Australia. The Act provides enforcement officers with a clear set of tools and frameworks for escalating offences under the Act and/or the Regulations. The Shire’s Environmental Health team offers the following submission points in relation to the statutory review online survey:

1. Food Business Registration & Renewal Process

Under Part 9 of the Act, food business registration is a once off process and a food business is legally registered once they submit a registration form and pay a registration fee. This presents the following challenges when administering food business registrations:

a) A food business is not legally required to undergo an inspection by an authorised officer prior to being able to commence trade. This presents an obvious risk to public health as the premises where food is sold and prepared from has not been verified to be safe. It also presents a challenge for EHO’s to request a business to make alterations to the fit-out after trade has already commenced from the premises.

Recommended change:

A satisfactory inspection of a food business and associated premises must be completed prior to certificate of registration being issued.

b) There is no mechanism for a local government to compel a food business to provide updated information such as changes in management, contact information or type of food being sold. There is no mechanism to ensure food business registrations are not used to mislead customers and authorised officers about the currency/validity of the certificate without contacting the local government where the certificate was issued.

Recommended change:

Food business registrations are subject to annual renewal so that a Certificate can have an expiry date, to ensure that local government has accurate business details and to protect the integrity of food business registration certificates. Certificates must be displayed in a conspicuous position in the main entry of the food premises so that it is easily legible to a member of the public.

c) There is no minimum standard for information to be on a registration certificate. Food businesses can often significantly change the type of food that they sell without notifying the local government and the premises where they prepare the food may not be suitable the change.

Recommended change:

A registration certificate should state the type of food that the business sells and the locations of any premises in connection to the business i.e. all food trucks and premises where food is prepared or sold from as often a business operates from more than one location.

2. Food Business Inspection Frequency

The Act does not specify a minimum frequency for inspections of food businesses to be undertaken by authorised officers. Other health legislation administered by EHOs, such as the Health (Aquatic Facilities) Regulations 2007, specifies a minimum water sampling frequency (monthly) to be undertaken by authorised officers, to meet public health risk. Currently, this means many local governments undertake food inspections primarily as a result of enquiries of food complaints, rather than routine inspections being a normal priority in the workload. This can result in many food businesses ‘flying under the radar’ and not being inspected at a reasonable frequency.

There has previously been guidance from the WA Department of Health that high-risk food business are to be inspected every 3 months, medium risk food businesses are to be inspected every 6 months, and low risk food business are to be inspected every year, however this is not a formalised procedure and inspection frequencies are at the discretion of local government. The public has a reasonable expectation that food premises are regularly inspected by Local Governments and are therefore safe.

Recommended Change:

Minimum inspection frequencies be introduced under Part 5 Division 1 of the Act. The following inspection frequencies are suggested:

a) Medium and high-risk food businesses: minimum of once yearly; and

b) Low risk food businesses: minimum once every 18 months.

3. New category of food businesses to be referred to Department of Health

Environmental Health Officers are authorised under a broad range of legislation requiring a thorough technical knowledge in a high number of diverse fields such as wastewater, drinking water, aquatic safety, mosquitos, event safety, caravan parks and camping grounds, public buildings, lodging houses, noise and asbestos. The challenge is that EHOs have broad generalist skills in environmental health matters but not specialised and in-depth knowledge.

It is not in the public interest for EHOs to assess complex food businesses proposals requiring specialised food science training. For comparison, the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, requires that all wastewater applications over 540L/day or where the wastewater system is to be installed on a premises other than a single dwelling be referred to the Department of Health for assessment and approval. The intent of this is that EHO’s do not have the specialist skills to be able to adequately assess and approve more complex wastewater systems where the risk to public health is greater.

Recommended change:

A new category of food business be introduced into the Act whereby complex food business registrations such as those processing fermented foods or foods where mandatory warning statements are required, are to be referred to the Department of Health Food Unit for assessment and approval.

CONSULTATION

Consultation was undertaken with the West Australian Local Government Association, the City of Vincent, the City of Subiaco and the Shire of Serpentine-Jarrahdale in the process of preparing this report.

STATUTORY ENVIRONMENT

Food Act 2008

Food Regulations 2009

Australia New Zealand Food Standards Code

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

There are no anticipated financial implications if the recommendations provided are adopted under a new Act. Additional resourcing is not expected to be required to meet the proposed minimum inspection frequency. All registered food businesses already pay an annual registration fee to the Shire which is not recommended to be increased as the suggested annual renewal process will not be an onerous additional task to what is already undertaken each year.

RISK

Nil.

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

REPORT RECOMMENDATION:

That Council endorse the submission, contained in the comments of this report, to the statutory review of the Food Act 2008.

Attachments

1.	STATUTORY REVIEW OF THE FOOD ACT 2008

Agenda – Ordinary Meeting of Council 28 April 2022 Page 18 of 680

9.2 Place

9.2.1 DEVELOPMENT APPLICATION - DEMOLITION AND RECONSTRUCTION OF EXISTING WAREHOUSE, NEW WAREHOUSE AND PARKING WITHIN THE VERGE - 14 HAYNES STREET

LOCATION/ADDRESS: 14 Haynes Street Broome

APPLICANT: Ken Rockley

FILE: HAY-1/14

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 demolition and reconstruction of an existing warehouse, a new warehouse and parking within the verge.

The application has been assessed against the Shire’s Local Planning Scheme No 6 (LPS6) and Local Planning Policy 5.6 – Parking (LPP 5.6). The application is being referred to Council for determination as LPP5.6 outlines it is at Council’s discretion whether parking can be installed within the abutting road reserve.

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

BACKGROUND

Previous Considerations

N/A

Site and Surrounds

The subject site is a 2,669m² property, which is developed with an existing warehouse, caretakers dwelling and office. The subject site is zoned ‘Light and Service Industry’ under Local Planning Scheme No 6 (LPS6). Development approval was issued on 20 September 2019 for the construction of a warehouse on the northern portion of the property, which is currently under construction.

The property is adjoining a vacant block to the east, Blackman Street to the west and Haynes Street to the South. Please refer to the image below for the location of the subject site.

Proposed Development

The application is seeking approval to demolish and reconstruct a new warehouse (shown as Shed 2 on the site plan), positioned centrally on the lot, measuring 11.3mx22.3m (total floor area of 251m²). A 12.4x16m (198m²) warehouse is also proposed on the southern portion of the site, which is currently vacant. To support the new development on site, the applicant is also seeking approval to construct parking within the adjacent road verge along Blackman Street.

It is noted that the application is being presented to Council as is proposes parking in the road verge, which under Local Planning Policy 5.6 is to be referred to Council for determination. All other development proposed meets the development requirements of schedule 8 of LPS 6.

COMMENT

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

Local Planning Scheme No.6

The application is seeking to construct two (2) warehouses and the construction of eight (8) car parking bays to be within the Shire’s Road reserve along Blackman Street. A copy of the site plan is included as Attachment 1.

Schedule 9 of LPS 6 establishes the parking standards for all use classes within the Shire of Broome. For the existing and proposed uses on site the following is required:

· ‘Light and Service Industry’ - One bay per 50m2 of net lettable area.

· Caretakers dwelling- Two bays required.

· Office - One bay per 30m² gross leasable area.

As per schedule 9, overall, seventeen (17) bays are required to be provided, the applicant is proposing to construct eighteen (18) bays, ten (10) are located within the lot boundaries and eight (8) are located within the road verge.

Local Planning Policy 5.6 – Parking

Local Planning Policy 5.6 - Parking, seeks to establish minimum parking standards, ensure parking is provided which is safe, convenient and practical for the operation of the site and the community, while also outlining criteria for onsite parking and within the adjacent road reserve. Please refer to the Table below for an overview of this application against the Policy.

The following table outlines the different provisions and minimum parking criteria within the LPP 5.6, and its assessment against the proposed development.

Clause No.	Clause	Development Assessment
Clause 2.2	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 proposed parking facilitates landscaping within all parking areas on site and the verge, the plan outlines 1 tree for every four consecutive bays achieving compliance with the Policy.
Clause 2.3	The location of parking areas is not to detract from the visual amenity of the proposed development, adjoining lots or streetscape of the locality. Parking areas must facilitate safe, easy and convenient vehicular (including motorcycle) bicycle and pedestrian movements.	The location of all parking areas does not detract from the visual amenity of the existing and proposed development, adjoining lots, streetscape or locality. All parking facilitates safe and convenient parking and vehicular movements. There is a proposed pedestrian path along the Blackman Street verge that continues into the site allowing for safe and convenient movement for pedestrians parking within the road verge to access the site
Clause 3.2	Off-site parking can be considered in the following circumstances: a) The parking for the land use cannot be accommodated on-site. b) The location of off-site parking is to be in the immediate road verge directly adjoining the subject property and will not in any way obstruct pedestrian movements on an existing or proposed footpath. c) The proposed marking must meet minimum parking bay size, be hard-sealed standard and shall not be detrimental to the visual amenity of the streetscape or impact upon traffic safety.	The development meets clause 3.2, in that: a) All required parking for the development cannot be accommodated on-site, as parking on site is at capacity. b) The location of off-site parking is in the immediate road verge along Blackman Street, directly adjoining the subject property and will not obstruct pedestrian movements for any future footpaths. c) The proposed parking meets the minimum parking bay size and will be conditioned to be hard-sealed standard and shall not be detrimental to the visual amenity of the streetscape or impact upon traffic safety.
Clause 3.3	When considering car parking bays within the road reserve, up to 50 per cent of bays can be provided for within the adjacent road verge.	The development provides for a total of eighteen (18) bays, ten (10) within the property boundary and eight (8) within the road verge, complies with the Policy.
Clause 3.4	Any parking bays which are required as a condition of development approval and cannot be provided for on-site may, at Council’s discretion, be developed in a portion of the abutting road verge or a nearby property. It further notes that it is an applicant’s responsibility to design and construct the parking bays in accordance with the Shire’s standards.	A condition will be placed on the approval outlining all bays must be constructed to the specified standards and be maintained by the owner.
Clause 3.5	In order for Council to consider exercising its discretion to allow off-site parking, the application will be required to prove that: a) The location of the off-site parking is conveniently located to the subject development; b) b) A safe and well-lit pedestrian access can be provided between the off-site parking and the development; c) The customers and patrons of the proposed development can be reasonably expected to use the off-site parking area; and d) Any other relevant matters and items set out under clause 2.3 have been addressed.	The proposed development meets clause 3.5 as outlined below: a) The verge parking is within proximity to the development on site. b) Safe pedestrian access is provided though a footpath between the off-site parking and the development. c) The customers and patrons of the site can be reasonably expected to use the off-site parking. d) All maters set out in clause 2.3 have been addressed above.

Ordinarily, there is typically informal verge parking along Blackman Street and thus, the formalisation of parking would be seen to be a positive outcome. Furthermore, a 3m landscaping strip is proposed along the front boundary of the site, meeting with the intent of Clause 2.2 of LPP 5.6, reducing the visual impact of hardscaping as a result of the installation of bays, and contributing towards the visual amenity of the locality.

The verge parking will not be out of character for the area as nearby properties have approval for parking within the verge, including the Shires Depot at 15 Farrell Street, Broome and 2 Hunter Street, Broome.

Given the above, the application is considered to meet the relevant provisions of Local Planning Scheme No.6 and Local Planning Policy 5.6 – Parking. As such, it is recommended Council issue development approval for the off-site parking.

CONSULTATION

In accordance with Local Planning Policy 5.14 – Public Consultation, the application does not require wider public consultation as the structures proposed as part of the application are deemed to be Level A under the policy, which establishes that no consultation is required.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No.6

POLICY IMPLICATIONS

LPP 5.6 – Parking applies to the assessment of this application. The proposal is consistent with the Policy provisions.

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

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:

1.2 Modify the physical environment to improve community safety.

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

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

REPORT RECOMMENDATION:

That Council:

1. Approve the application for development approval 2022/24 for ‘the demolition and reconstruction a new warehouse, construction of a new warehouse and to construct parking within the adjacent road verge’ at 14 Haynes 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 occupation of the development, areas set aside for parked vehicles and access lanes, as shown on the approved plans, must be:

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

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

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

iv. Maintained by the owner and kept available for these purposes.

(d) All works (footpaths, parking and crossovers) within the adjacent road reserve must be detailed in an engineering plan prepared in accordance with the Guidelines for the Construction of Carparking within the Shire of Broome Road Reserve and approved by the Shire of Broome. These works once approved shall be constructed and installed by the owner to the satisfaction of the Shire of Broome prior to the occupation of the development. The owner must maintain the works to the satisfaction of the Shire at all times.

(e) A deed of agreement is to be prepared and executed at the owners cost between the owner and the Shire prior to the commencement of site works, under which the owner agrees and acknowledges the following:

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

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

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

Attachments

1.	Site Plan
2.	Warehouse Elevations
3.	Landscaping Plan

Agenda – Ordinary Meeting of Council 28 April 2022 Page 26 of 682

9.2.2 AMENDMENT TO DA2021/22 LIONS EYE INSTITUTE STAGE 2 - FENCING, 45 FREDRICK STREET

LOCATION/ADDRESS: 45 Fredrick Street, Broome

APPLICANT: Laird Tran Studio

FILE: FRE-1/45

AUTHOR: Planning Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire has received an application to remove a condition from the approval issued for the Lions Eye Institute Stage 2 development, which was approved by Council at the Ordinary Meeting held in May 2021.

The applicant would like to remove condition 9 from the approval, the condition reads as follows:

No fencing is to be constructed on the Frederick Street boundary or within the Frederick Street building setback area.

The applicant has requested that the condition is removed so a 1.8m high ‘garrison’ fence along the sites Fredrick Street frontage can be constructed. The amendments are shown on the plans included as Attachment 1. All other aspects the development approval would remain the same as previously approved at the Ordinary Meeting Council May 2021 as shown on the existing approved plans and notice in Attachment 2.

The report recommends the application to amend development approval 2021/22 is approved.

BACKGROUND

Previous Considerations

OMC May 2021 Item 9.2.2

At the May 2021 Council Meeting, an application for stage 2 of the Lions Eye Institute development was approved. Stage 2 involved the demolition of the existing building (facing Fredrick Street), 1.8m Garrison fencing along Fredrick Street (which was not approved due to inclusion of condition no 9) and the construction of a new building in place of the demolished building. The new building included the following facilities:

· Administration offices;

· Ad-hoc meeting area for health-related uses;

· Optometrist and consulting rooms; and

· Lunch Kiosk that will service the staff and patrons to the health facilities on site. The lunch kiosk will be open to the public attending the medical centre.

Site and Surrounds

The Lions Eye Institute is located at 45 Fredrick Street, Broome which is a 3,227m² property fronting Fredrick Street to the north and Walcott Street to the east. The subject site is zoned ‘Mixed Use’ under the Shire’s Local Planning Scheme No 6 (LPS6), refer to image below.

Proposal

The applicant seeks to remove condition 9 of the approval for Development Application 2021/22. The condition is as follows:

i. No fencing is to be constructed on the Frederick Street boundary or within the Frederick Street building setback area.

The applicant has requested that the condition is removed to allow for the construction of a 1.8m high garrison fence along Fredrick Street. The fencing will include a pedestrian gate from the Fredrick Street footpath as well as sliding driveway gates.

The proposed fence will continue the existing 1.8m garrison fence along Walcott Street and the southern and western boundaries of the lot. This proposal will allow for fencing surrounding the entire subject site.

COMMENT

The applicant has requested that the approval issued is amended to enable the construction of a fence to secure the site following recent break-ins. The applicant has supplied justification for the amendment request, which is included as Attachment No 3, which includes details of recent security breaches on site and also damage that has been experienced. The application has also supplied an artist impression of the fencing.

In the report presented to the Council Meeting in May 2021, the fencing along Frederick Street was not recommended for approval by officers, as it was deemed a prominent change to the existing Frederick Street streetscape. It was also noted in the May 2021 assessment that Part 2 of the Old Broome Development Strategy, states:

‘Front fencing is seldom provided, and when it is provided it is typically of a low height and does not appear visually dominant, enhancing a sense of openness.’

It was concluded in the officer’s assessment in May 2021, that the proposed fencing on the boundary may be considered to detract from the ‘openness’ of the site and discourage street activation. Subsequently, it was recommended that a condition be imposed that prevents fencing on the boundary or in the street setback area, which was incorporated into the determination for the Stage 2 redevelopment.

As outlined in Attachment No 1, the security breaches that have occurred on site to date have resulted from intruders entering the site from Frederick Street. While the site currently is under construction, the Stage 2 building, once completed will have large, glazed windows facing Frederick Street, without any security treatment. The buildings were designed in this manner by the architect to maintain a visual transparent connection between the street and the building, which is a design response encouraged and consistent with the Old Broome Development Strategy. To secure the building and site, in lieu of a fence, the applicant has advised that security screens would need to be placed on the windows which would restrict this visual connection. Below in Figure 1 is two examples of the security screens that would be installed in lieu of fencing on site:

Figure 1 – Security Screens

The applicant is proposing to install garrison fencing, as detailed in Attachment No 1, which is visually permeable and as shown in the artist impressions, will still enable for active and passive surveillance from within the building and the street.

Based on the above, it is recommended that development approval 2021/22 is amended to remove condition No 9. It is recommended that a condition be included in its place establishing that the pedestrian and vehicle access gates are to remain open at all times while the business is open, this is to ensure that users of the facility can access the parking.

CONSULTATION

In accordance with Local Planning Policy 5.14 – Public Consultation, no public consultation is required, as the proposed land uses is a ‘D’ use under LPS6.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No.6

POLICY IMPLICATIONS

Local Planning Policy 5.16 – Old Broome Development Strategy

Refer to officer’s comments.

Local Planning Policy 5.9 – Development Approvals – Amendments/Extensions to Terms of Approval and Request for Further Information

The application for the amendment to the development approval is consistent with LPP 5.9. As set out in the Policy, where a request to amend a development approval is approved, a letter will be issued advising the applicant of this. The original development approval (including the terms and conditions) will remain operative, subject to any amendments approved. The officers recommendation below is consistent with the Policy.

FINANCIAL IMPLICATIONS

Nil

RISK

Nil

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.

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:

7.2 Provide safe, well-connected paths and trails to encourage greater use of active transport.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council approves the amendment to Development Application 2021/22 for the Lions Eye Institute Medical Centre at 45 Frederick Street, to delete condition No 9 and insert the following condition in its place

- At all times the development on site is open for business, the vehicle and pedestrian access gates are to remain open.

Attachments

1.	Plans of fencing
2.	Applicants Additional Information
3.	Original Approval

Agenda – Ordinary Meeting of Council 28 April 2022 Page 50 of 680

9.2.3 HEALTH AND WELLBEING LOCAL DEVELOPMENT PLAN - 78 DORA STREET AND 20 DICKSON STREET

LOCATION/ADDRESS: 78 Dora Street, Broome and 20 Dickson Drive, Broome

APPLICANT: Urbis (on behalf of Nyamba Buru Yawuru)

FILE: DIC-1/8 DOR-1/78

AUTHOR: Planning Officer

CONTRIBUTOR/S: Manager Planning and Building Services

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire has received an application for a Local Development Plan to facilitate the Health and Wellbeing development at 78 Dora Street and 20 Dickson Drive, Broome. The Local Development Plan has been prepared to guide the future land use and built form for the site. The plan extends over two properties, 78 Dora Street and 20 Dickson Drive, both of which are adjacent to each other.

The Local Development Plan has been advertised for public comment as required under the Planning and Development (Local Planning Schemes) Regulations 2015. The submissions and the Local Development Plan are now presented to Council for consideration.

The report recommends that Council approve the Local Development Plan, subject to conditions.

BACKGROUND

Previous Considerations

OMC 26 May 2016 Item 9.2.4

OMC 27 May 2021 Item 9.2.3

At the Ordinary Meeting of Council on the 26 May 2016, a Public Works proposal for the Broome Aboriginal Short Stay Accommodation (BASSA) Facility on 20 Dickson Drive was supported by Council. The BASSA has since been built and is now in operation over the north-western portion of the subject site.

At the Ordinary Meeting of Council on the 27 May 2021, a subdivision application for the site to create 3 lots and an 18m wide road reserve (WAPC reference 160435) was considered by Council. This subdivision application was submitted for the purpose of facilitating the development of the ‘Health and Wellbeing’ facilities including a proposed ‘Step Up Step Down’ facility and a renal care facility. The Western Australian Planning Commission (WAPC) approved the subdivision on 19 July 2021.

In accordance with Clause 3.44 – Development in the Development Zone, of Local Planning Scheme No 6, a structure plan is required prior to Development or Subdivision unless the local government is satisfied the proposed development, land use or subdivision is a minor extension to an existing land use, minor additional land use or minor land use change.

Subdivision prior to a Structure Plan was considered a feasible approach by the Shire and the Department of Planning, Land and Heritage (DPLH) which resulted in the subdivision application being submitted and approved. DPLH officers have since specified that the Structure Plan process being bypassed is considered acceptable in this instance, with the understanding that a LDP can provide the land use direction normally provided by a Structure Plan.

Proposal

The application proposes a Health and Wellbeing Local Development Plan (LDP) which is included in Attachment 1. The LDP has been prepared in lieu of a Structure Plan and has been designed to establish guidance on the land use and built form for the site. A LDP is required as the site is zoned Development and in the absence of a Structure Plan or LDP there is no guidance provided under LPS6 on development controls (built form and land use) for the site. The built form controls included in the LDP relate to building setbacks, site coverage, building appearance, car parking standards and fencing requirements for the site. The LDP also provides direction on land uses for the site and will be used in the assessment of future development applications submitted for the site.

The LDP includes the retention of significant vegetation throughout the site, Asset Protection Zones along all three boundaries to address the Bushfire Management Plan prepared and a drainage easement along Clementson Street. The proposal includes a road that will run through the LDP area allowing for access from Dora Street through to Clementson Street, this was approved previously by the Western Australian Planning Commission on 19 July 2021.

The LDP outlines specific land uses that are either permitted, discretionary or incidental, the table that is on the LDP is outlined below in Figure 1.1.

It should be noted that all discretionary uses listed in figure 1 will require further development approval from the Shire; for any uses that are not outlined in the table development applications are required to be submitted and assessed by the Shire.

Site and Surrounds

The lot is surrounded by Dickson Drive to the north, Dora Street to the east, Clementson Street to the south and Pembroke Street to the West. The total area covered by the LDP is 12,904m² and incorporates the existing Southern Cross Aged Care facility and, Aboriginal Short Stay Accommodation. There is a parkland on the north-western portion of the site, commonly known as Farrell Park, this is not a public open space reserve.

The site was granted to the Yawuru Native Title Holders Aboriginal Corporation RNTBC through the Indigenous Land Use Agreement (ILUA).

COMMENT

The Planning and Development (Local Planning Schemes) Regulations 2015, (the Regulations) and the Western Australian Planning Commissions (WAPC) Framework for Local Development Plans (August 2015), (the WAPC Framework) provide direction on the preparation and content of an LDP and the process for adopting a LDP. Upon receipt of a LDP the Shire is to advertise the LDP as set out in the Regulations and then consider the submissions received and make a decision to either approve, require modifications or refuse the LDP. The provisions of the LDP must also be consistent with the local planning framework.

The comments below will provide an assessment of the submissions received and an assessment of the LDP against the planning framework and the Regulations and WAPC Framework.

Submissions Received

The LDP was advertised for 21 days from the 10 March 2022 and a total of 31 submissions were received (note one of the submissions was endorsed by 25 residents), with a total of 7 individual submissions. The submissions received and officer’s comments in relation to them is outlined in the Schedule of Submissions in Attachment No 2. The submissions generally objected to the LDP and one submission of support was received.

The key concerns raised in the submissions are outlined below:

· Lack of information and detail on the LDP;

A number of submissions raised concern with the lack of information and detail in the LDP, including that size and location of buildings to be erected were not detailed, areas of land to be cleared not outlined, street design and parking location not shown and so on. The information required to be supplied in an LDP is set out in the WAPC framework (review provided below), LDP’s do not typically include elevation and location of building and the other details raised in the submission, these details come at the development application stage.

The LDP is considered to be consistent with the WAPC Framework and therefore no amendments are deemed necessary in this regard.

· Concerns regarding the removal of native vegetation and impact on Threated Ecologic Communities (TEC);

Concerns were raised with the amount of vegetation being removed and the protection of the ecological community on site. A vegetation assessment was undertaken in July 2021, for the site, by RPS Australia West Pty Ltd (RPS). The assessment identified the following:

1. No threatened flora (TF) species listed under the Biodiverstiy Conservation Act 2016 (State) or Environmental Protection Biodiverstiy Conservation Act 1999 (Federal) were recorded within the site.

2. No priority flora (PF) species listed by the DBCA were recorded within the site.

3. No state or commonwealth listed TEC’s were recorded within the site during the field of survey.

· Request to keep and maintain Farrell Park

Submissions received have requested to keep and maintain Farrell Park which is located on the corner of Dickson Drive and Dora Street. It has been identified as ‘Future Investigation Area/ Drainage’ on the LDP. The applicant has advised that keeping part of the site ‘Future Investigation Area’, it can be used as a mechanism to later determine weather this space is needed as a Public Open Space (POS). The report recommends that ‘Future Investigation Area’ be removed from the Local Development Plan as this does not provide adequate direction on land use for the area, it creates confusion and uncertainty for the future land use of the area.

Local Planning Framework

Local Planning Strategy

The site has been identified under the Local Planning Strategy as part of Precinct 3 and as Future Development Area (FDA) 5. The Strategy outlines the following:

Precinct 3 consists of the post-war residential subdivisions of Broome located west of Herbert Street and south of Frederick Street to the boundary of the Light Industrial Area, including the Broome Cemetery reserves on Port Drive.

FDA 5 provides a total of around 13 hectares and is partially occupied by the Bran Nu Dae aged persons’ accommodation. The vacant portions of the site could be developed for residential purposes, with consideration of the Water Corporation’s odour buffer which constrains development in the southwestern corner.

The Strategy acknowledges under the objectives and guidelines for the precinct to allow for urban renewal and infill subdivision and also that the precinct can provide for facilities which ‘benefit from the close proximity to medical and hospital facilities. Council has previously considered the proposed ‘Step-Up, Step-Down’ facility in 2017 (proposed at 57 Robinson Street) and resolved to request the Shire President and Chief Executive Officer to continue discussions with the Mental Health Commission and Department of Housing to identify other suitable sites. During those discussion the Clementson Street site was identified as a potential location and Shire Officers have, when approached about similar type land uses, encouraged proponents to discuss potential opportunities at this location.

Under the draft Local Planning Strategy, the subject area is identified as Planning Area D – Health and Wellness Precinct. The proposed LDP therefore aligns with the strategic direction provided for in the current and draft Local Planning Strategy.

Local Planning Scheme No.6

The subject site is zoned ‘Development’ under LPS6. The objectives of the Development zone, as outlined in LPS6, is to provide for a range of mixed land uses and subdivision in accordance with an adopted Structure Plan. The Development zone essentially identifies future growth areas but the actual detailed planning for roads, lot layout, open space, heritage and cultural areas, etc are not yet be fully determined until a Structure Plan is proposed and adopted. In this instance a Structure Plan has not been adopted for the site, therefore the Local Development Plan will be the planning instrument to guide the future built form and land use on site.

The proposed development controls incorporated into the LDP and considered appropriate to guide future development applications for the site. The controls include requirements for landscaping (which are consistent with the LPS6 requirements for commercial development in other zones) setbacks and site coverage controls which are deemed adequate for the location and would result in a built form generally consistent with that already developed on the site and in the surrounding area. Furthermore, the applicant has included controls to address appearance of future buildings and carparking areas to deliver a future built form that is consistent with the Crime Prevention through Environmental Design principals and to achieve an attractive facade and streetscape.

The nomination of a ‘future investigation area’ on the LDP is unclear and does not provide adequate direction for development assessment. It is recommended that this is modified.

Planning and Development (Local Planning Schemes) Regulations 2015 Framework for Local Development Plans

The WAPC Framework has been prepared by the WAPC to guide the manner and form in which an LDP is to be prepared under the Regulations. The WAPC Framework establishes that an LDP is a mechanism used to coordinate and assist in achieving better built form outcomes by linking lot design to future development. The Framework establishes the level of information required to be supplied, format and content. The LDP prepared is deemed consistent with the WAPC Framework as it addresses the following matters:

· Lot Details

· Vehicle access

· Fencing

· Private open space

· Landscaping

It is considered that the LDP provides acceptable provisions to guide the future development for the site, subject to the modification regarding the nomination of ‘future development area’.

Given the above, it is recommended that Council adopts the Health and Wellbeing Local Development Plan, subject to modification.

CONSULTATION

The application was advertised on three different platforms, these are outlined below:

· Website Advertising – a notice was included on the Shires Website under the ‘Have Your Say’ section, from the 10March 2022 until 31 March 2022.

· Advertising Letters – letters were sent to adjoining landowners within 100m radius of the site. The letter outlined the advertising commenced on 10 March 2022 until 31 March 2022.

· Newspaper – the application was advertised in the Broome Advertiser from 10 March 2022 until 31 March 2022, there was an error made by the Broome Advertiser in the final print outlining the advertising closed on 7 April 2022.

Advertising closed on 31 March 2022 and upon review a total of thirty-one (31) submissions have been received, with one submission signed by 25 residents. There were seven (7) individual submissions, these can be seen in Attachment No 2 Schedule of Submissions.

STATUTORY ENVIRONMENT

Planning and Development (Local Planning Schemes) Regulations 2015

Planning and Development Act 2005

Local Planning Scheme No.6

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil.

RISK

Should council refuse the application, the applicant may appeal councils’ decision to the State Administrative Tribunal

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:

1.2 Modify the physical environment to improve community safety.

Outcome Two - Everyone has a place to call home:

2.1 Promote access to safe, affordable accommodation to meet all needs, including itinerants, homeless people, those at risk, youth and the elderly.

Outcome Three - A healthy, active community:

3.1 Improve access to health facilities, services and programs to achieve good general and mental health in the community.

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

4.2 Align services to meet diverse community needs.

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:

6.1 Promote sensible and sustainable growth and development.

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council approves the Health and Well being Local Development Plan at 78 Dora Street and 20 Dickson Drive, Broome as outlined in Attachment 1, subject to modification:

a. The ‘future investigation area’ is removed from the LDP.

Attachments

1.	Health and Wellbeing Local Development Plan
2.	Schedule of Submissions

Agenda – Ordinary Meeting of Council 28 April 2022 Page 73 of 682

9.2.4 ENDORSEMENT OF SPORT AND RECREATION PLAN 2021 - 2031

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RCS15

AUTHOR: Manager Community Engagement & Projects

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The draft Sport and Recreation Plan 2021 – 2031 details the vision for sport and recreation in the Shire of Broome for the next 10 years. Extensive consultation was completed to inform the priorities identified in the draft plan. The draft plan was presented to the Ordinary Council Meeting on 24 February 2022 to advertise for a 4-week public comment period.

20 submissions were received. This report presents the final Sport and Recreation Plan 2021 – 2031 report for consideration of adoption.

BACKGROUND

Previous Considerations

OMC 25 September 2014 Item 9.1.2

OMC 26 February 2015 Item 9.1.1

OMC 25 October 2018 Item 9.1.2

OMC 28 February 2019 Item 9.1.1

OMC 24 February 2022 Item 9.2.5

The Shire of Broome adopted the Sport and Recreation Plan 2019 – 2029 (Jill Powell and Associates) at the Ordinary Meeting of Council (OMC) 28 February 2019. The plan identified high, medium and low priority projects. Since the plan was adopted the Shire has been successful in implementing and securing funding for several of the priority projects including:

· Outdoor netball/basketball court cover

· Storage Space at BRAC

· BRAC indoor court refurbishment

· Floodlighting to Joseph ‘Nipper’ Roe Field

· Redevelopment of Surf Life Saving Club (2021)

· Redevelopment of Golf Club

In 2021 the Shire sought to review sport and recreation usage trends and priorities in the existing Sport and Recreation Plan to guide the development of key infrastructure projects for the next 10 years.

Following a Request for Quotation process in 2021 Paatsch Group were engaged to review and update the Sport and Recreation Plan 2019 – 2029, including the Broome Recreation and Aquatic Centre (BRAC) Master Plan.

At the OMC on 24 February 2022, Council endorsed to advertise the Draft Sport and Recreation Plan for a 4-week public comment period.

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION) Minute No. C/0222/018

Moved: Cr B Rudeforth Seconded: Cr P Taylor

That Council:

1. Note the draft Sport and Recreation Plan 2021 – 2031 (Attachment 1), Broome Recreation and Aquatic Centre Masterplan (Attachment 2) and Consultation Report (Attachment 3);

2. Requests the Chief Executive Officer to advertise the draft Sport and Recreation Plan 2021 – 2031 (Attachment 1) and Broome Recreation and Aquatic Centre Masterplan (Attachment 2) for a 4-week public comment period; and

3. Request all public comments are collated and presented with the final Sport and Recreation Plan for consideration of adoption at the April 2022 Ordinary Meeting of Council.

CARRIED UNANIMOUSLY 6/0

A 4-week public comment period was advertised from 25 February – 25 March 2022. 20 submissions were received and are included in Attachment 1 with responses and comments from Shire officers and Paatsch Group Consulting.

COMMENT

Overview

Sport and recreation play an important role in the fabric of the Broome community. Local Governments in Australia are the largest providers of sport and recreation infrastructure.

The Sport and Recreation Plan 2021 - 2031 was developed following extensive work including:

· Literature review of Shire of Broome strategy and planning documents, Sport Facility Guidelines / Strategies and Parks Leisure Australia Guidelines for Community Infrastructure

· Review local, state and national sport and recreation trends

· Extensive consultation with local sport and recreation clubs and associations, State Sporting Associations and the broader Broome community

This plan describes:

· The future vision for sport and recreation facilities in the Shire of Broome.

· The priority projects for new and upgraded facilities.

· How the priority projects will be funded.

· How success will be measured and reported.

The draft Sport and Recreation Plan 2021 - 2031 identifies a number of actions based on the results of community engagement and feedback, industry trends, population demographics, growth projections, Federal and State Government policy objectives in relation to sport, physical activity, health and wellbeing.

These have been grouped into four key priority areas:

· Priority Area 1 – Clubs and Associations – the focus of this priority is to build capacity within Broome Associations and Clubs who are volunteer based and provide a vital role in the delivery of sport in Broome.

· Priority Area 2 – Shire Facilities – the focus of this priority is upgrades and additions to the Shire owned and operated facilities such as BRAC.

· Priority Area 3 – Club Facilities – the focus of this priority is upgrades and additions to Shire owned and Club operated facilities.

· Priority Area 4 – Events and Carnivals – the focus of this priority is attracting sporting events and carnivals to Broome.

The table below provides a definition of high, medium and low priorities as identified in the Sport and Recreation Plan 2021 – 2031.

Priority	Description
High	Considered a very important strategic or operational priority to be delivered in the period FY 22/23 to FY 24/25.
Medium	Considered an important strategic or operational priority to be delivered in the period FY 25/26 to FY 27/28.
Low	Considered a strategic or operational priority to be delivered in the period FY 28/29 to FY 30/31.

Each of the Priority areas are arranged to identify the actions required, responsibilities for delivery, estimated costs and support for the action.

The table below provides an overview of key priorities identified in the Sport and Recreation Plan 2021 – 2031. If adopted this plan will become an Informing Strategy under the Shire’s Integrated Planning and Reporting Framework. Recommendations included within the plan will therefore be included for consideration in the next review of the Shire’s Corporate Business Plan (CBP) and Long-Term Financial Plan (LTFP), subject to financial and human resources constraints.

Priority	Item	Cost Estimate	CBP Period
	Clubs and Associations
High	Support to Clubs and Associations	$22,000	Annually
High	Public Open Space Strategy	$80,000	FY 22/23 to FY 24/25
	Optimisation of Facilities and Planning
Medium	Review of Sport and Recreation Plan	$50,000	FY 25/26 to FY 27/28
Medium	Review of BRAC Master Plan	$30,000	FY 25/26 to FY 27/28
Medium	Feasibility Study – additional water space	$50,000	FY 25/26 to FY 27/28
Medium	Feasibility Study – Sports House	$20,000	FY 25/26 to FY 27/28
	BRAC Dry Side Facilities
High	Gym and Fitness Facilities, Squash Courts, Creche, Indoor Children’s Playground, Meeting / Training Room, Multipurpose Space, Reception and Staff Facilities	$13,000,000	FY 22/23 to FY 24/25
Low	Two additional indoor courts	$12,000,000	FY 28/29 to FY 30/31
	BRAC Aquatic Facilities
High	Swim Club Storage	$40,000	FY 22/23 to FY 24/25
Medium	Playground	$100,000	FY 25/26 to FY 27/28
Low	Barracudas Club Space	$825,000	FY 28/29 to FY 30/31
	BRAC Outdoor Courts
High	Tennis Courts upgrade	$400,000	FY 22/23 to FY 24/25
Medium	Two covered multi-purpose courts	$2,000,000	FY 25/26 to FY 27/28
Medium	Move Tennis Courts north	$1,000,000	FY 25/26 to FY 27/28
Low	Volleyball Courts	$180,000	FY 28/29 to FY 30/31
	BRAC Playing Fields
High	Nipper Roe Lights	$1,400,000	2021/22
High	Father McMahon Cricket Pitch	$35,000	FY 22/23 to FY 24/25
High	Central shade for playing fields	$200,000	FY 22/23 to FY 24/25
Medium	Feasibility for Central Pavilion	$50,000	FY 25/26 to FY 27/28
Medium	Central Pavilion	$5,000,000	FY 25/26 to FY 27/28
Medium	Medlend Pavilion (minor upgrades)	$50,000	FY 25/26 to FY 27/28
	BRAC Support Amenities
High	Parking – Father McMahon	$620,000	2021/22
High	Skate Park	$1,200,000	2021/22
High	Club Storage	$140,000	FY 22/23 to FY 24/25
Medium	Shaded Playground	$150,000	FY 25/26 to FY 27/28
High	Parking – Nipper Roe Field	$1,100,000	FY 22/23 to FY 24/25
Medium	Parking – Medlend Pavilion	$330,000	FY 25/26 to FY 27/28
	Youth Precinct
Medium	Master Plan Implementation	$625,000	FY 25/26 to FY 27/28
	Haynes Oval Upgrades
High	Master Plan	$30,000	FY 22/23 to FY 24/25
High	Change Rooms	$70,000	FY 22/23 to FY 24/25
High	Lighting Upgrade	$130,000	FY 22/23 to FY 24/25
Low	Male Oval - Toilet Amenities	$283,000	FY 28/29 to FY 30/31
High	Broome Bowling Club – Master Plan	$30,000	FY 22/23 to FY 24/25
Low	Broome Bowling Club – Second Green	$30,000	FY 28/29 to FY 30/31
Low	Broome Rodeo Grounds – Master Plan	$30,000	FY 28/29 to FY 30/31
High	Broome Surf Lifesaving Club - New Clubhouse	$4,060,000	2021/22, 22/23

It is important to note that the delivery of each of the actions identified in the Sport and Recreation Plan 2021 – 2031 is subject to funding from external sources e.g., grant opportunities.

Submissions from 4-week Public Comment Period

20 submissions were received during the 4-week public comment period and these are detailed with responses from Shire officers and Paatsch Group Consulting in Attachment 1.

Key Themes from the public comment period are summarised in the table below:

Theme	Comment / Response	Recommended Changes to Sport and Recreation Plan
Inclusion of a dedicated athletics track in Broome	Recommendations made within the Sport and Recreation Plan are based on Parks Leisure Australia benchmarking standards. Dedicated athletics facilities are not common across Western Australia and currently there is only one regional facility located in Bunbury. The construction of an athletics track in the metropolitan area is estimated at $2.4 million. This does not include ancillary facilities.	No recommended changes.
Support for a 50-metre pool at BRAC	There have been high levels of support provided for the addition of a 50-metre pool at BRAC. Paatsch Group noted that BRAC aquatic attendance has increased significantly over the past few years. Visitation statistics show an increase of 50.7% in aquatic visitations from 2014/15 – 2020/21. Paatsch Group worked with the Shire of Broome to conduct a community survey in the development of the Sport and Recreation Plan and high levels of support were shown for the addition of a 50-metre pool at BRAC. In recognition of this support Paatsch Group have made several recommendations within the plan to reflect community support for a 50-metre pool including: · Item 1.2 – Undertake an operational review of the aquatics usage at BRAC to optimise usage (Medium) · Item 1.6 - Undertake a Feasibility Study of the addition of a water space at BRAC (Medium) The aquatic facilities at BRAC underwent a significant redevelopment in 2017 at the value of $3 million. The Sport and Recreation Plan recommends undertaking a feasibility study for the addition of aquatic facilities in the first instance and a space for a future expansion has been included in the BRAC Master Plan. This work will allow the Shire to understand the construction and operational costs associated with an expansion of the aquatic facilities.	No recommended changes.
Recognition of Sandfly Circus within the Sport and Recreation Plan and the important service they provide to the community.	Following submissions from Theatre Kimberley and follow up conversations wording in the Sport and Recreation Plan has been amended to address the items raised. Sandfly Circus BRAC attendance figures and photos have also been added to the plan.	The Sport and Recreation Plan (Attachment 2) includes several tracked changes to address items raised by Theatre Kimberley and its members.
Central Sports Pavilion / Learning and Leadership Centre	The final location and designs for the future Sports Pavilion and Leadership Centre will be explored during the Feasibility Study Process. This process will explore co-location of these facilities.	No recommended changes. Ensure the Western Australian Football Commission and other BRAC users are engaged during the future Feasibility Study work for this infrastructure.
Additional future squash courts	Paatsch Group completed an extensive benchmarking / usage and financial assessment in drafting recommendations for the Sport and Recreation Plan. Data provided by the Shire indicates that the current courts get used on average 5 hours per day across the two courts which generates limited revenue and would indicate that there is more capacity that could be gained out of the existing courts. Beacon, Bunbury, Esperance, Geraldton, Kalgoorlie, Manjimup and Northam are the regional centres to have four or more courts. Comments made in this submission are noted including: · Growth of squash in the Broome community since its commencement · Location of the future squash facility and consideration given for noise · Safe storage areas for players personal belongings · Design of future squash courts and opportunities for spectator seating · Access to the squash courts out of BRAC opening hours · Support for 3 squash courts in the short term, with a design that allows an expansion to 5 courts as the population grows The Shire of Broome will commence work on the detailed designs for squash courts / creche / gym / multipurpose room / indoor children’s playground / reception / meeting rooms as a high priority project. The Broome Squash Club and other key user groups will be consulted and involved in the design process. Comments raised above will be explored during this detailed design phase and where possible accommodated. The Sport and Recreation Plan 2021 – 2031 currently includes a low priority recommendation for an additional 2 squash courts in 28/29 – 30/31. This would total 5 courts.	No recommended changes to the Sport and Recreation Plan. Ensure the Broome Squash Association are engaged during the development of the detailed designs for the squash area.
Possible relocation of the Broome Bowling Club	The Shire continues to work closely with the Broome Bowling Club and the Sport and Recreation Plan recommends a master plan of the site. It is recommended that the comments made in this submission are forwarded to the Broome Bowling Club and alternate sites considered during the master plan process. It is unlikely that there will be appropriate land available for a bowling facility at the Broome Golf Club.	No recommended changes to the Sport and Recreation Plan.
Condition of the existing tennis courts at BRAC	The Shire of Broome has applied for funding to the State Government Country Night Lights Program and CSRFF for separate projects to address both the condition of the court surface, and the standard of the court lighting. If successful in receiving funding and budget, the works would take place in the 2022/23 financial year.	No recommended changes to the Sport and Recreation Plan.
Footpath around the perimeter of Father McMahon and Nipper Roe	This would add to the amenity of the fields for sporting groups and general community members.	It is recommended this is included in the master plan.

A full copy of the Draft Sport and Recreation Plan 2021 – 2031 can be found in Attachment 2 and the Broome Recreation Aquatic Centre Master Plan in Attachment 3. This includes detail on each of the priorities and actions.

CONSULTATION

Extensive consultation was completed by Paatsch Group and Shire officers in the development of this plan. Please see attached Community Engagement Plan Attachment 4.

A full copy of the Consultation Report can be found in Appendix C, Attachment 2.

Consultation was undertaken with key stakeholders including:

· Local Sport and Recreation Clubs and Associations

· Users of the Shire of Broome’s sport and recreation facilities

· State Government Departments

· State Sporting Association

This included community workshops, online surveys and individual one on one meetings.

Workshops were held with Councillors on the following dates:

· 13 July 2021 (Councillors in attendance Cr Tracey, Cr Male, Cr Matsumoto, Cr Mitchell, Cr Taylor)

· 9 August 2021 (Councillors in attendance Cr Tracey, Cr Male, Cr Rudeforth, Cr Wevers)

· 19 November 2021 (Councillors in attendance Cr Tracey, Cr Male, Cr Taylor, Cr Wevers)

· 30 November 2021 (Councillors in attendance Cr Taylor, Cr Wevers)

· 16 December 2021 (Councillors in attendance Cr Tracey, Cr Male, Cr Matsumoto, Cr Mitchell, Cr Taylor, Cr Wevers)

· 8 February 2022 (Councillors in attendance Cr Tracey, Cr Foy, Cr Matsumoto, Cr Wevers, Cr Rudeforth, Cr Mitchell, Cr Taylor)

A 4-week period public comment was advertised from 25 February – 25 March 2022. A total of 20 submissions were received during this period. A number of one on one meetings were held with sporting groups and interested community members during this submission period.

STATUTORY ENVIRONMENT

Section 3.18 Performing executive functions

(3) A local government is to satisfy itself that services and facilities that it provides –

(a) integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public-body; and

(b) do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private; and

(c) are managed efficiently and effectively.

POLICY IMPLICATIONS

Community Engagement Framework

FINANCIAL IMPLICATIONS

Financial implications have been considered in the development of the Sport and Recreation Plan 2021 – 2031. Many of the recommendations included in the plan are subject to external funding sourced being secured e.g., grant opportunities.

Quantity Surveyors estimates were completed in the development of the strategy and have helped to inform the cost estimates included in the document. These are shown in Table 2 of this agenda item.

Should Council see fit to adopt the Sport and Recreation Plan 2021 – 2031 will become an Informing Strategy under the Shire’s Integrated Planning and Reporting Framework. Recommendation included within the plan will therefore be included for consideration in the next review of the Shire’s Corporate Business Plan (CBP) and Long-Term Financial Plan (LTFP), subject to financial and human resources constraints.

RISK

The following risks have been considered in the development of the Sport and Recreation Plan 2021 – 2031:

Risk	Type (Health, Financial Impact, Service Interruption, Compliance, Reputational, Property Environment)	Rank (based on measures of consequence and likelihood)	Mitigation
Final Sport and Recreation Plan 2021 – 2031 not endorsed by Council	Reputational	Medium	Extensive consultation has been completed in the development of the draft plan with Council and the community. This work builds on recommendations in the previous plan. Community expectations have now been raised and once endorsed this document will allow the CBP and LTFP to be updated and external funding to be sourced.
Recommendations in the Sport and Recreation Plan 2021 – 2031 not supported by the community	Reputational	Medium	Extensive consultation and benchmarking have been completed in the development of this plan to help ensure support of the final document.
Funding for projects identified in the Sport and Recreation Plan 2021 – 2031 not secured	Financial Reputational	Medium	Once the final document is endorsed by Council external funding will be able to be sourced. Changes in State and Federal Government priorities can impact funding opportunities; however completion of this document will enable the Shire to be ready to apply for grants where possible.

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 Three - A healthy, active community:

3.2 Improve access to sport, leisure and recreation facilities, services and programs

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

4.2 Align services to meet diverse community needs.

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

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

7.1 Provide safe and efficient roads and parking.

Outcome Eight – Cost effective management of community infrastructure:

8.1 Deliver defined levels of service to provide and maintain Shire assets in the most cost effective way.

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

Outcome Twelve – A well informed and engaged community:

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

Outcome Fourteen – Excellence in organisational performance and service delivery:

14.2 Deliver fit for purpose facilities and equipment.

Outcome Fifteen – An engaged and effective workforce that strives for service excellence:

15.1 Support employee wellness and foster a positive workplace culture.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Notes the feedback received from the public in relation to the Shire of Broome Sport and Recreation Plan 2021 – 2031; and

2. Endorses the Shire of Broome Sport and Recreation Plan 2021 – 2031 as an informing document under the Shire’s Integrated Planning and Reporting Framework.

Attachments

1.	Attachment 1 - Submissions and Responses Sport and Recreation Plan
2.	Attachment 2 - Sport and Recreation Plan 2021 - 2031
3.	Attachment 3 - Broome Recreation and Aquatic Centre Master Plan
4.	Attachment 4 - Sport and Recreation Plan Community Engagement Plan

Agenda – Ordinary Meeting of Council 28 April 2022 Page 208 of 682

9.2.5 TRADING IN PUBLIC PLACES POLICY REVIEW

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: HEA001

AUTHOR: Environmental Health Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Trading in Public Places Policy (Policy) facilitates the assessment and approval of Trading Licences in accordance with the Trading, Outdoor Dining and Street Entertainment Local Law 2003. The revised policy (Attachment 1) will reduce the administrative burden on Shire officers and will provide better guidance and flexibility to traders. The policy will encourage the use of parks and reserves for appropriate trading activities as a means of enhancing community activity and recreation.

BACKGROUND

Previous Considerations

OMC 28 July 2016 Item 9.1.2

OMC 15 December 2016 Item 9.3.2

OMC 14 December 2017 Item 9.3.2

OMC 31 May 2018 Item 9.3.1

At the 31 May 2018 Ordinary Council Meeting (OMC), Council adopted a revised Trading in Public Places Policy, which included the provision of five Council endorsed trading ‘nodes’. Nodes are locations where trading licences may be issued by delegated officers even though the trading activity is within 300m of a permanent business that it would be directly competing with. Up to three trading activities are allowed to occur at any one time within a node, except Chinatown. The Council report stated that additional nodes could be added or removed through future amendments to the Policy. However, the nodes that were identified were considered appropriate and desirable for public trading to occur at that time.

There has been a growing interest in the establishment of mobile traders in Broome. Shire officers responded to a high number of trading enquiries in 2021. Shire officers have often either been unable or unwilling to approve trading licences where they occur outside trading nodes. This can deter applicants or causes a delay in the handling of applications and requests, resulting in poor customers service responses and potential place activation and economic activity being prevented.

Mobile traders have the potential to add diversity to the commercial offering in an area, create vibrancy and activate public places, be used to bring more people into an area and/or facilitate persons staying longer in an area. In residential parks, mobile traders have the potential to foster neighbourly relations, leading to reduced isolation and improved civic pride and community cohesion. While the inequity between mobile traders and permanent traders is often raised as an issue, public trading can be a way for a person to generate income and build a business, facilitating the transition to a permanent establishment. Generating greater economic activity in an area and bringing more vibrancy and people to an area benefits permanent businesses as well as mobile traders.

It is proposed that the Policy be amended to establish a larger number of Council endorsed nodes within which mobile traders can be approved by delegated officers. Additional provisions to streamline the application process and regulate trading activities have also been proposed.

COMMENT

The proposed amendments to the Policy are as follows:

Increase Trading Nodes

The intent of the revised Policy is to use trading activities as a means of enhancing community activity and recreation within the Shire’s Park and Reserves. The revised policy will increase the number of trading nodes from five to twelve locations and will provide specific guidance on locations where a trader may set up. The proposed Trading nodes are:

a) Cable Beach Foreshore and adjacent Road Reserve

This is an existing node which applies to the entire of the Cable Beach Foreshore Reserve (Reserve 36477) and the adjacent Cable Beach Road West Road Reserve. The currently policy limits a maximum of three traders at any one time. The undertaking of trading activities in this area is consistent with the Cable Beach Foreshore Master Plan and could service both locals and tourists. Traders are expected to be predominantly mobile food vehicles and picnic businesses or the like. There is no maximum number of traders at any one time proposed. Competing food businesses within 300 metres of this Reserve that may be affected in accordance with the Policy are:

· Cable Beach Club Resort and Spa;

· Zanders;

· Sydney Cove Oyster Bar;

· Divers Tavern;

· The Wharf; and

· Cable Beach General Store.

b) Tanami Park and adjacent road reserve

This existing node applies to Tanami Park (Reserve 51243). Traders in this location are likely to be mobile food vehicles or family focused activities providing a service for locals utilising the Park. The Park is a focal point for many Broome North residents. No permanent businesses are likely to be affected in accordance with the Policy. The current policy limits a maximum of three traders at any one time. The proposed policy will not limit a maximum number of traders and it is proposed that trading be limited to between 7am and 7pm.

c) Chinatown

This node is existing and covers Chinatown, Broome’s town centre. The establishment of mobile traders was previously discussed as a way to activate Chinatown as part of the Chinatown Revitalisation Project. Their use has also been discussed as an attraction for cruise ship visitors. Traders in Chinatown can only occur through an expressions of interest process. There are many permanent businesses that may be impacted by the inclusion of this node in the Policy, but the potential benefits to these permanent businesses is considered to outweigh any negative impacts. It is proposed that the conditions to trade in this node remain unchanged.

d) Town Beach Reserve

This existing node applies to the entire Town Beach Reserve (Reserve 31340) from the edge of the Roebuck Bay Caravan Park through to the land adjacent to the Museum. The undertaking of trading activities in this area is consistent with the Town Beach Masterplan, and the current use of this area for markets and events. Traders in this location could service locals and tourists. The policy currently limits a maximum of 3 traders at any one time. The revised policy does not limit a maximum number of traders at any one time and proposes specific locations where trading may occur. Traders are likely to be predominately mobile food vehicles. Permanent food businesses within 300 metres of this Reserve that may be affected in accordance with the Policy are:

· Town Beach Café;

· The Food Lab WA;

· Wildflower Restaurant;

· Broome Pantry;

· Oaks Broome Resort Restaurant; and

· Liquorland.

e) Broome Recreation and Aquatic Centre

This existing node applies to the Reserve upon which the Broome Recreation and Aquatic Centre (BRAC) is located (Reserve 42502). The revised policy provides specific guidance for traders be located adjacent the skate park, pump track, Glenn and Pat Medlend Pavillion and the undercover outdoor courts. Traders in this location are likely to only be mobile food vehicles. The current policy limits a maximum of three vendors at any one time. The revised policy does not limit number of traders and may assist with activation of this area when sporting activities are occurring. Competing food businesses within 300 metres that may be affected in accordance with the Policy are:

· BRAC Canteen;

· Clubs operating from the Glenn & Pat Medlend Pavillion Canteen; and

· Food businesses located within the Broome Boulevard Shopping Centre.

f) Cygnet Park

This newly proposed node would apply to Cygnet Park (Reserve 45667). Traders in this location are likely to be mobile food vehicles or family focused activities providing a service for locals utilising the Park. The park is a focal point for many nearby residents. No permanent businesses are likely to be affected in accordance with the Policy. There is no maximum number of traders proposed at any one time however hours will be limited to between 7am and 7pm.

g) Demco Beach Carpark

This proposed node is the carpark located at Lot 605 Clementson Street. Traders in this location are likely to be mobile food vehicles only. Many local families access the beach from this location. There are no competing businesses within 300m and this location may service local and tourists. There is no maximum number of traders proposed at any one time however hours will be limited to between 7am and 7pm.

h) Peter Haynes Reserve

This proposed node would apply to the Peter Haynes Oval (Reserve 41309). Traders in this location are likely to be mobile food vehicles only. The revised policy will not limit a maximum number of traders at any one time and activities in this area may service locals and visitors involved with sporting events. Competing food businesses within 300 metres that may be affected in accordance with the Policy are:

· Clubs operating from the Pavillion Canteen; and

· Food businesses located at the Broome Boulevard Shopping Centre.

i) Solway Park

This proposed node would apply to Solway Park (Reserve 41279). Traders in this location are likely to be mobile food vehicles but may also be recreational or family focused activities providing a service to locals utilising the park. The park is a focal point for many nearby residents. A maximum number of traders at any one time has not been proposed however operating hours have been limited to 7am to 7pm. No permanent businesses are likely to be affected in accordance with the Policy.

j) Babagarraburu Park

This node would apply to Babagarraburu Park (Reserve 43928). Traders in this location are likely to be mobile food vehicles or family focused activities providing a service for locals utilising the Park. The Park is a focal point for many nearby residents. A maximum number of traders at any one time has not been proposed however operating hours have been limited to 7am to 7pm. No permanent businesses are within 300m.

k) Turf Club Carpark

This node would apply to the carpark located at Lot 1848, Kavite Road, Minyirr. This node is primarily used by mobile food vehicles. Trading activities at this location may create a ‘hub’ and service locals and tourists who are visiting Gantheaume point. A maximum number of traders at any one time has not been proposed however operating hours have been limited to 6am to 9pm. There are no competing businesses within 300m. Following consultation with the Broome Turf Club, it is proposed that trading cannot occur when events are taking place at the Turf Club.

l) Woods Park Reserve

This proposed node would apply to Woods Park (Reserve 41819). Traders in this location are likely to be mobile food vehicles or family focused activities providing a service for locals utilising the Park. The Park is a focal point for many nearby residents. A maximum number of traders at any one time has not been proposed however operating hours have been limited to 7am to 7pm. No permanent businesses are likely to be affected in accordance with the Policy.

j) Trading on Cable Beach

Trading on Cable Beach is not currently a node and is not proposed to become a node. A schedule relating to trading on Cable Beach in the policy is proposed to remain unchanged except that applications for this location must be approved by Council. The schedule states that a maximum of six trading licences will be granted for Cable Beach and trading activities must be directly related to the recreational use and enjoyment of Cable Beach and it’s waters.

Itinerant Vendors

Itinerant vendors are traders who move from place to place and only stop when there is a customer (e.g. Mr Whippy and Jiffy Vans). These traders have been included in the revised policy with specific conditions relating to stopping times and safe stopping locations. Itinerant vendors are not permitted to stop within 300m of a directly competing businesses.

Activities not operating from a vehicle or trailer

There has been an interest in activities such as picnic businesses that do not operate from a vehicle or trailer. It is proposed that these businesses may operate from several parks and reserves listed in the policy. These activities cannot operate for more than 4 hours, may not involve more than 20 customers at any one time and must book the space via the Shire’s SpacetoCo website, to avoid clashes with events and private bookings.

Group Fitness Classes and the like

It is proposed that group fitness classes be specifically exempted from requiring a trading in public places permit. It is acknowledged that these activities directly benefit the health and wellbeing of the community, they contribute to the public enjoyment of parks and reserves and generally operate outside of peak usage times.

Walking Tours

It is proposed that walking tours be specifically exempted from requiring a trading in public places permit. It is acknowledged that these tours a very low impact and move from place to place, not operating from any specific location.

Application Procedure in trading zones

Currently, an applicant is required to submit an occupational health and safety plan, a risk management plan and an operational/business plan. This assists officers to assess the trading location as being safe and appropriate. The applicant must also provide provision of three referees who can be contacted by the Shire about previous experience in conducting the activity subject to the application, or other similar operations. The current application process is onerous and the revised policy will allow the fast tracking of applications for trading licences in the nodes because the locations have been preapproved and the permits will be able to be issued by officers under delegation. This will not prevent public trading occurring in other locations that are consistent with the Policy, however locations outside of trading nodes, including Cable Beach, will be required to be approved by Council.

Historical Permit holders, outside of trading zones

There are currently 20 trading in public places permit holders. Four of these permits holders will not fall within proposed trading nodes:

· Mollie Bean;

· RAWSOM;

· Pilbara Fish Truck; and

· Swelter Mobile Food Vehicle.

These four traders generally do not comply with the intent of the revised policy, in that they do not facilitate activation of a public park or reserve. It is proposed that their permits be honoured until the expiry date. The trader may apply to operate within a node or may apply to Council to renew their location.

Trading Zones

It is proposed that the word ‘node’ be changed to ‘zone’. Shire officers have found that the word ‘node’ has caused confusion with some traders and the word zone is more consistent with trading policies of other Local Governments.

Operational Condition Changes

The following amendments are proposed following complaints received or issued encountered since the last policy review:

a) Permits within approved zones are to be approved by the Shire’s Development Control Unit. Permits falling outside of these zones are to be approved by Council.

b) An approved trading permit must be displayed in a conscious position while the trading activity is occurring so that it is easily legible to any person or authorised officer at all times.

b) A trading permit is not a lease over the land and the trader and patrons do not have exclusive occupancy or possession of the area. Trading Zones remain public space. A trader cannot move members of the public on from the trading zone.

c) The Shire is unable to be involved in disputes between traders.

d) If the trader is to operate within a bookable space advertised on the Shire’s website (as amended), the trader may not trade unless they have booked the applicable space.

e) The trader must display respectful and reasonable behaviour towards members of the public, other traders and authorised officers at all times.

f) Background music may only be played if the noise levels comply with the assigned levels prescribed in the Environmental Protection (Noise) Regulations 1997. Should justified complaints be received regarding amplified music from the trading activity, the Shire reserves the right to prohibit the emission of music at the site.

g) No waste or litter to be disposed of in public rubbish or recycling bins. Traders must supply their own bins. Traders must ensure that they have sufficient bins available for collection and storage of waste generated by their business. Traders must ensure that the area around their position is kept clear of rubbish and refuse at all times and all waste generated/collected by the trader is removed from site by the trader.

h) The trading activity must not obstruct, cover, remove, relocate or modify trees, public art, bins, bus shelters or other Shire owned infrastructure.

i) Permanent fixtures and elements are not permitted. Following trade, all related equipment and fixtures must be removed completely from the site.

j) Parking for towing vehicles is not permitted at the same site as the trader. The trailer or equipment must be dropped off at the location and a legitimate carpark found for the towing vehicle.

k) A towing vehicle may only enter a reserve for the purpose of dropping off or picking up a trailer or the like. Towing vehicles may therefore not enter or exit a beach, park or reserve on more than two occasions on any day, unless a case of emergency or otherwise approved.

l) Traders must not remain on site for more than one hour before trading commences of for more than one hour after trading ceases.

m) The Shire may impose additional operational conditions on a traders permit as required.

Trading Intensity Matrix

The fees and charges currently categorise traders into low, medium or high intensity with regards to annual fees. There is nothing written into the policy to guide how to categorise traders by intensity. A matrix has been developed and attached as a schedule to categorise traders by location, activity, customer base to guide the annual fees.

CONSULTATION

Consultation has been undertaken with internal staff and the Broome Turf Club.

STATUTORY ENVIRONMENT

Local Government Act 1995;

Trading, Outdoor Dining and Street Entertainment Local law 2003;

Shire of Broome Health Local Law 2008;

Environmental Protection (Noise) Regulations 1997.

POLICY IMPLICATIONS

Nil, outside those directly discussed in this report.

FINANCIAL IMPLICATIONS

The Shire charges a fee for trading applications and annual licences. If increased applications are received and licences are issued, this will generate additional income for the Shire. The application and licence fees represent cost recovery, and therefore any additional income received will be required to process the applications, administer the licences and maintain the public areas subject to the licences.

RISK

The key risk involved in introducing further trading nodes is reputational, based on negative publicity generated from permanent businesses concerned about the impact on their business. Overall, the consequence of this risk is considered ‘Minor’ and the likelihood considered ‘Likely’, giving rise to an overall risk rating of ‘Moderate’. There is no real way to mitigate this risk, however the potential benefits in terms of place activation and increased economic activity is considered to outweigh the risk.

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:

9.2 Activate the precincts of Broome.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council endorses the amended Trading in Public Places Policy as shown in Attachment 1 for the purpose of a 2 year trial review period.

Attachments

1.	REVISED TRADING IN PUBLIC PLACES POLICY APRIL 2022

Agenda – Ordinary Meeting of Council 28 April 2022 Page 243 of 682

9.3 Prosperity

9.3.1 EXPRESSIONS OF INTEREST FOR LEASE - RESERVE 37003, 7 ORR STREET, BROOME (PREVIOUSLY KNOWN AS SCOUTS HALL)

LOCATION/ADDRESS: 7 ORR STREET, BROOME

APPLICANT: Nil

FILE: LSS039; RES 37003

AUTHOR: Senior Property and Leasing Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report considers Expressions of Interest received for the disposal, by way of lease, Reserve 37003, 7 Orr Street, Broome and seeks Council’s consideration of the recommendation contained within the Confidential Evaluation Report.

BACKGROUND

Previous Considerations

OMC 30 September 2021 Item 9.2.2

The Scouts Hall Association of Australia has had a lease over the facility since March 1981. On 1 November 2021 the lease was surrendered By Scouts Hall Association due to a lack of volunteers and the fact they were unable to run Scouts in Broome. Since then the premises has remained vacant.

Currently the site is zoned “Public Purpose” under The Local Planning Scheme 6 with no additional use rights under the scheme. There is currently an application in progress with The Department of Planning Lands and Heritage to amend the current purpose of the reserve from “Hall Site, Boy Scouts and Girl Guides” to “Community and Recreation Purpose Only”.

In terms of the Expressions of Interest to lease Reserve 37003 the Department of Planning, Lands and Heritage have recommended to include a provision that a lease is granted conditional on the reserve amendment being approved and finalised.

COMMENT

On 11 February 2022, 7 Orr Street was advertised for a two-week Expression of Interest (EOI) to Lease period. The EOI sought responses from Community groups interested in leasing the premises for activities that would benefit the community of Broome. Interested parties were required to submit a formal written submission addressing relevant compliance, eligibility, and assessment criteria to show their suitability for the premises.

Expressions of Interest (EOI) were advertised in the Broome Advertiser and on the Shire’s webpage on 10 February 2022 with submissions closing on 25 February 2022. Two submissions were received by the closing date from the Kimberley Arts Network and the Society for Kimberley Indigenous Plants and Animals. A late submission was received from Broome Youth and Families Hub and officers chose to assess that late submission.

The Kimberly Arts Network (KAN)

KAN is a vibrant and proactive not for profit Broome organisation that is dedicated to promoting, supporting, and increasing opportunities for artists, art organisations and craftspeople across the Kimberley region.

Since KAN’s inception in 2018, KAN has used its professional skills and connections to develop projects, support creative enterprises and manage events, such as the Broome Fringe Festival and Broome Arts Program. As KAN builds its activities and events, it ensures the whole community can participate and be enriched by the experience of engaging with the arts.

KAN’s aim is to occupy the premises at 7 Orr Street and re-invigorate the site for art events, skills workshops, ongoing training programs, and creating opportunities for community engagement. As KAN builds their activities and events, KAN would like to ensure that the site is improved upon to meet the diverse needs of the local arts community in Broome.

Society For Kimberley Indigenous Plants & Animals (SKIPA)

SKIPA (formed in 2004) is a Broome based not for profit volunteer group whose key aim is to educate and share information on the study and appreciation of Kimberley native plants and animals.

In the past 18 years SKIPA has grown and donated thousands of plants to home gardeners, schools, Aboriginal ranger groups, NGOS, community organisations and the Shire. SKIPA aims to connect people and place by providing opportunities for people to participate in land-care activities in a safe and welcoming environment.

SKIPA currently has no access to a purpose build nursery facility so would like the opportunity to secure 7 Orr Street to pursue their aims and expand their membership.

Broome Youth and Families Hub (BYFH)

BYFH (formed in 2015) is a not-for-profit charity that works to empower children, young people, and families to reach their full potential by assisting in the need of housing, welfare, mental health support and social inclusion. BYFH would like to utilise the premises at 7 Orr Street to run the project “Maindim Yangbala”. The project is a partnership with the Department of Communities and aligns with the Departments T120 strategy to work with the children and young people of the families who are identified as needing support to ensure their children do not partake in risky or criminal activity. This is a long term well- funded State government project that would be facilitated by qualified teacher and youth worker.

BYFH have been granted money through Safer Communities Initiative, Department of Industry and Science, Energy Resources to operate this program in Broome. BYFH are current tenants of another Shire owned facility located at Reserve 41397, also known as the Drop-in Centre.

ASSESSMENT AND EVALUATION

The EOI’s were received and evaluated by Shire officers against the EOI evaluation criteria using a weighted value system to allocate a score out of 100.

The weightings were:

· Financial capacity to meet obligations of the lease inclusive of all outgoings, capital, planned statutory and reactive maintenance (25%)

· Demonstrated benefit and social well being to the community (25%)

· Demonstrated level of governance to support longevity of tenure (25%)

· Demonstrated best utilisation of the premises (25%)

The qualitative evaluation demonstrated that all three groups provided positive benefits to the community. The evaluation of the three EOI’s received is contained in the confidential Evaluation Report (Attachment 1).

LEASING ISSUES

CONSULTATION

Publicly Advertised Expression of Interest (Broome Advertiser and Shire’s website)

STATUTORY ENVIRONMENT

Local Government (Functions and General) Regulations 1996

30. Dispositions of property to which section 3.58 of Act does not apply

(1) A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2) A disposition of land is an exempt disposition if —

(a) the land is disposed of to an owner of adjoining land (in this paragraph called “the transferee”) and —

(i) its market value is less than $5 000; and

(ii) the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;

(b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

(c) the land is disposed of to —

(i) the Crown in right of the State or the Commonwealth;

(ii) a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or

(iii) another local government or a regional local government;

(d) it is the leasing of land to an employee of the local government for use as the employee’s residence;

(e) it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land;

(f) it is the leasing of land to a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession to be used for carrying on his or her medical practice; or;

(g) it is the leasing of residential property to a person.

(2a) A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —

(a) put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made, or any bid made does not reach a reserve price fixed by the local government;

(b) the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received, or any tender received is unacceptable; or

(c) the subject of Statewide public notice under section 3.59(4), and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —

(i) the names of all other parties concerned;

(ii) the consideration to be received by the local government for the disposition; and

(iii) the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.

(2b) Details of a disposition of property under subregulation (2a) must, for a period of 1 year beginning on the day of the initial auction or tender —

(a) be made available for public inspection; and

(b) be published on the local government’s official website.

(3) A disposition of property other than land is an exempt disposition if —

(a) its market value is less than $20 000; or

(b) the entire consideration received by the local government for the disposition is used to purchase other property, and where the total consideration for the other property is not more, or worth more, than $75 000.

Land Administration Act 1997 WA

18 Crown land transactions that need Minister’s approval

(1) A person must not without authorisation under subsection (7) assign, sell, transfer or otherwise deal with interests in Crown land or create or grant an interest in Crown land.

(2) A person must not without authorisation under subsection (7) —

(a) grant a lease or licence under this Act, or a licence under the Local Government Act 1995, in respect of Crown land in a managed reserve; or

(b) being the holder of such a lease or licence, grant a sublease or sub licence in respect of the whole or any part of that Crown land.

(3) A person must not without authorisation under subsection (7) mortgage a lease of Crown land.

(4) A lessee of Crown land must not without authorisation under subsection (7) sell, transfer or otherwise dispose of the lease in whole or in part.

(5) The Minister may, before giving approval under this section, in writing require —

(a) an applicant for that approval to furnish the Minister with such information concerning the transaction for which that approval is sought as the Minister specifies in that requirement; and

(b) information furnished in compliance with a requirement under paragraph (a) to be verified by statutory declaration.

(6) An act done in contravention of subsection (1), (2), (3) or (4) is void.

(7) A person or lessee may make a transaction under subsection (1), (2), (3) or (4) —

(a) with the prior approval in writing of the Minister; or

(b) if the transaction is made in circumstances, and in accordance with any condition, prescribed for the purposes of this paragraph.

(8) This section does not apply to a transaction relating to an interest in Crown land if —

(a) that land is set aside under, dedicated or vested for the purposes of an Act other than this Act, and the transaction is authorised under that Act; or

(b) that interest may be created, granted, transferred or otherwise dealt with under an Act other than —

(i) this Act; or

(ii) a prescribed Act;

(c) an agreement, ratified or approved by another Act, has the effect that consent to the transaction was not required under section 143 of the repealed Act; or

(d) the transaction is a lease, sublease or licence and the approval of the Minister is not required under section 46(3b).

POLICY IMPLICATIONs

Nil

FINANCIAL IMPLICATIONS

Nil

STRATEGIC corporate plan objectives

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.

Effective communication

Affordable services and initiatives to satisfy community needs

Accessible and safe community spaces

A healthy and safe environment

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

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

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

Affordable and equitable services and infrastructure

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Receives the recommendation as contained in the Confidential Evaluation Report for Expression of Interest – Lease of Reserve 37003, (7) Orr Street, Broome.

2. Authorises the Chief Executive Officer to seek Ministerial approval and negotiate the final terms and conditions of the lease in line with:

(a) A peppercorn rent Lease of $1 per annum.

(b) A new lease to be entered into for a 5 -year term commencing 01 May 2022.

(c) The Tenant take Reserve 37003 on an ‘as is basis’;

(d) The Tenant be responsible for all operational, maintenance and variable outgoings.

(e) The Tenant be responsible for legal costs associated with the negotiations.

3. Authorises the Chief Executive Officer to engross the final lease documentation subject to the purpose of Reserve 37003 being amended to “Community and Recreation”.

Attachments

Evaluation Report - EOI - Reserve 37003 (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”.

Agenda – Ordinary Meeting of Council 28 April 2022 Page 251 of 682

9.3.2 EVENTS DEVELOPMENT FUNDING 2022-2023

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIS13

AUTHOR: Economic Development Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents an overview of applications received, and recommendations for the allocation of funds, through Council’s Events Development Funding Program.

BACKGROUND

Previous Considerations

SMC 21 December 2021 Item 5.3.1

The Event Development Funding (EDF) Program was formalised in 2021 with the adoption of EDF Guidelines at the December meeting of Council. The Guidelines were developed to provide funds to assist organisations within the Shire of Broome to develop and run events that meet the criteria. The EDF replaced the Economic, Events, Tourism Development Fund (EETDF).

EETDF AWARDS IN PREVIOUS YEARS

Applicant	Awarded 2018/19	Awarded 2019/20	Awarded 2020/21	Awarded 2021/22	Total
Ardyaloon Incorporated	$5,000	-	-	-	$5,000
Broome Aboriginal Media Association	-	$19,840	-	-	$19,840
Broome Bowling Club	$4,000	-	-	$2,000	$6,000
Broome Chamber of Commerce & Industry Inc	$12,500	[$25k not accepted]	-	-	$12,500
Broome Community Stallholders Association Inc	$35,533	-	-	-	$35,533
Broome Fishing Club	$5,000	$5,000	-	-	$10,000
Broome Turf Club	$29,800	$33,305	-	-	$63,105
Cable Beach Polo	$13,319	46500	46500*	46500*	$152,819
Fat Bike Championships Inc.	$2,000	$4,000	-	$5,000	$11,000
Fit Events	$2,500	-	-	-	$2,500
Broome Marathon				$5,000	$5,000
Saltwater Country Inc.	$30,000	$60,000	$60,000	$60,000	$210,000
Theatre Kimberley	$10,286	-	-	10000	$20,286
Shinju Matsuri Inc	$102,500	$104,000	$130,000	$104,000	$440,500
Stompem Ground				$19,000*	$19,000
Broome Soccer Assoc				$9,000	$9,000
Broome Touch Assoc				$5,000	$5,000
TOTAL	$252,438	$272,645	$236,500	$265,500	$1,027,083

*Funding approved however events did not run and funding was not provided

The EDF was developed to assist local organisations within the Shire to deliver events, projects and initiatives that benefit the local community and are consistent with the values and strategies contained within the Growth Plan, Strategic Community Plan 2021-31 and the Economic Development Strategy 2021-2026.

Events seeking EDF program funding should aim to achieve a minimum of one of the three following objectives:

- Drawcards: are events that bring visitors to Broome specifically for the event, which in turn injects new money into the local economy.

- Enhancers: enrich the experience of those already visiting Broome, creating additional expenditure, and in some cases length of stay.

- Community: events connect with the community and create a vibrant atmosphere, while stimulating local expenditure.

Events that achieve all three of these objectives can be designated as ‘Pearl Events’ and are not subject to the maximum funding limit of $40,000. Under the guidelines, exclusively ticketed events cannot be designated as Pearl Events.

COMMENT

The current round of EDF opened in early 2022 and closed 28 February 2022. A media statement was released and circulated to agencies, Broome media, Politicians, Councillors and all staff. An e-newsletter was sent on 8 February 2022. Council staff also communicated and met with event programmers.

A reminder of the closing date was posted on the Shire of Broome Facebook page on 3, 6 and 24 February 2022.

Eleven applications were received requesting a total of $534,841 over the 2022-23 year. Two EDF applicants applied for funding in both the EDF and Annual Matched Sponsorship Programs. Those applicants have been advised that allocation of funding in one program renders them ineligible to receive funding in the other.

The indicative 2022-23 budget for EDF is $265,500 (subject to Council endorsement). There are no pre-approved projects from previous years, leaving the full budget amount to be allocated in this round. Officers have undertaken a review of each application against the funding guidelines. Please see detailed review documents attached.

Four applicants submitted a request for 3-year funding.

Project applications RECEIVED 2022/23:

Organisation	Project Name	Funding Request 2022-23
Broome Aboriginal Media Association	2022 Kullarri NAIDOC Festival	$ 10,000
Athletics West / Broome Little Athletics	WA North West Athletics Championships	$ 22,490
Broome Pride Inc	Broome Pride Mardi Gras Festival	$ 40,000
Broome Turf Club	Broome Pearl Cup	$ 42,816
Fat Bike Championship Inc.	2023 AusCycling Fat Bike National Championships	$ 5,000
Kimberley Arts Network	Indigenous Community Festival Participation Program 2023- 25	$ 11,035
Goolarri Media Enterprises Pty Ltd and Geographe French Australian Festivals Inc (CinefestOZ Film Festival)	CinefestOZ Broome	$ 75,000
Saltwater Country Ltd	Rhythm + Ride	$ 80,000
Shinju Matsuri Inc	Shinju Matsuri 2022	$ 200,000
Touch Football Australia ltd	Beach Touch Footy - Broome edition	$ 8,500
Broome Chamber of Commerce & Industry	Event Sponsorship	$ 40,000
		$ 534,841

project recommendations

Officer recommendations are included under the Financial Implications section of this report and are consistent with the detailed assessments in the attachments. Below are some points for consideration about each application.

1. Broome Aboriginal Media Association – $10,000 (per year, 3 years)

a. It is not expected that NAIDOC will become self sufficient, however it has an excellent ROI in terms of community participation and civic pride.

b. Multi-year funding removes the administrative burden of ad-hoc requests for sponsorship and duplicate applications to the EDF and municipal matching grant.

c. Shire support would compliment other government and private supporters of this event.

2. Athletics West / Broome Little Athletics – $17,500

a. Health and recreation event with a youth target demographic. The training component and community visitation builds long term tangible benefit.

b. Is a drawcard and community event.

c. Project links to Strategic Community Plan intent to develop Broome as a centre of regional excellence and attract regional sporting events.

d. Athletics West received $10,000 under the Community Matched Sponsorship program in 202/21. Continued Shire support would be with the intent of growing the championships.

3. Broome Pride Inc – $7,500 (per year, 3 years)

a. Event is a drawcard, enhancer and there are many free and community events and outreach (schools).

b. Pride is a popular and inclusive event, held in the shoulder season and has grown since inception in 2018. It has strong involvement from local businesses and capacity for growth and self sustenance.

c. Support has been recommended at $7,500, rather than $40,000 due to consideration of the number of ticketed events and the exclusivity of events.

d. In the funding agreement the $7,500 will cover event venue costs.

e. It is recommended support is a sponsorship agreement (with full acquittal process).

4. Broome Turf Club- $0

a. The Broome Pearl Cup did not rate highly under assessment. The application lacked sufficient detail for officers to be satisfied that it meets the guidelines.

b. The event would be considered an enhancer, in that people already in Broome for race week would most likely attend.

c. Shire support is being requested at 66% of total event costs and activities, which exceeds the 50% preferred contribution under the guidelines.

d. An assessment of the Rockingham Beach Cup (a similar event) shows multiple major event sponsors, one of which is the City of Rockingham. Future applications from the Turf Club, where Shire support is reduced and complimented by other sponsors, would be rated higher.

e. To financially support this project, officers will need to be satisfied that the applicant has considered all stakeholders and can obtain necessary approvals for the event.

5. Fat Bike Championship Inc. – $5,000.

a. A popular event, Shire support would be in the form of a sponsorship agreement (with full acquittal process).

b. Fat Bike Championship is a national event. Broome is one of the premier locations for fat biking and has one of the highest fat bike sales in Australia.

c. Continued Shire support would be with the intent of growing the championships.

6. Kimberley Arts Network – $11,035

a. The project is part of the larger Fringe Festival. Training and development opportunities for Aboriginal people to become artistic entrepreneurs rates highly with the Shire’s economic and community development goals. It also builds on Broome’s artistic and cultural heritage.

b. KAN applied for 3 years of funding, and it is recognised that would be help to build continuity in the program. It is recommended that this project is reviewed as part of the Shire’s Arts & Culture Strategy currently in development.

7. Goolarri Media Enterprises Pty Ltd and Geographe French Australian Festivals Inc (CinefestOZ Film Festival) - $5,000

a. Goolarri are at concept development stage, but they have a strong partner with a history of successful projects.

b. Shire support would include funding 50% of a business plan ($5,000) to ensure that the project is accurately modified to Broome realities. The preferred business analysis consultant is a subject matter expert.

c. CinefestOz has a community program that engages children and youth.

8. Saltwater Country Ltd - $40,000 (per year, 3 years)

a. To receive the requested $80,000, it is required that Council determines Rhythm and Ride to be a PEARL event. If it is not a PEARL event, Shire contribution reduces to a maximum of $40,000.

b. The event is a combination of free and ticketed events. The ticketed events are between $10-$30 dollars which helps build sustainability.

c. In addition to the weekend Rodeo there is also a camp-draft and community programs (e.g. Saltwater Academy & Kids Git Up) targeted at youth.

d. The events’ goals and purpose builds on Broome’s Aboriginal and cultural heritage and meets People, Place, Prosperity goals.

e. The acquittal process in previous years has shown strong ROI. Total project expenditure and revenue is increasing year on year.

9. Shinju Matsuri Inc – $110,000

a. Shire support includes $80,000 for the purchase of sea containers to create a Festival Hub. This will become an asset that will be retained by the organisation and rented out to other organisations, thereby increasing financial sustainability.

b. The remaining $30,000 would go towards venue rentals and event hire.

c. Shinju declined applying for a 3-year funding agreement this year but intend to submit in 2023.

10. Touch Football Australia Ltd – $6,500

a. A popular event, and Shire support would be in the form of a sponsorship agreement (with full acquittal process).

11. Broome Chamber of Commerce & Industry – $0

a. Shire staff are currently working with BCCI to draft a 3-year Memorandum of Understanding which will likely include a recommendation to provide financial support for events.

CONSULTATION

Officers engaged with applicants during advertising of the EDF, and where required officers contacted applicants for additional information during the assessment process. Meetings were held at the Council office with Shinju Matsuri and Saltwater Country representatives.

Follow up emails and phone calls were made to EETDF recipients from 2021 (Cable Beach Polo and Mary G Foundation) who had committed funding 2021-22, but the events were cancelled due to Covid-19 restrictions. They were not provided with any funds in advance of the event. They were asked to resubmit an application for the 2022-23 financial year, however no applications were received.

Applications and guidelines were available via the Shire of Broome website: https://www.broome.wa.gov.au/Community/Community-Services/Community-Funding-Programs

STATUTORY ENVIRONMENT

Local Government Act 1995

6.2. Local government to prepare annual budget

Council considering an item for inclusion in a future budget.

6.7. Municipal fund

(1) All money and the value of all assets received or receivable by a local government are to be held and brought to account in its municipal fund unless required by this Act or any other written law to be held in the trust fund.

(2) Money held in the municipal fund may be applied towards the performance of the functions and the exercise of the powers conferred on the local government by this Act or any other written law.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The indicative 2022-23 budget for EDF is $265,500 (subject to Council endorsement).

From the 11 EDF applications received, $212,535 has been recommended for funding for 2022-23.

The variance of $52,465 may be kept in the budget and considered for applications that may be received later in the 2022-23 financial year. It Is expected that as Covid-19 restrictions ease opportunities may emerge for high-profile events later in the year.

The funding awarded will inform the final 2022-23 Municipal Budget.

If the 3-year funding amounts are approved, the ongoing funding implications are below.

RISK

When the EDF Guidelines were formalised it was acknowledged that the lower funding cap would result in some organisations getting less funding than perhaps in previous years. The ongoing intent of the program is to encourage financial sustainability over time.

	Risk	Type	Rank	Mitigation
Community dissatisfaction with allocations	Perception the Shire is not maximising opportunity to support organisations providing social and economic benefits	Reputational	Medium	All successful applicants to provide a project acquittal demonstrating outcomes and funding recognition (as per Guidelines).
Funding recipient dissatisfaction with allocations	Perception the Shire is not maximising opportunity to support organisations providing social and economic benefits.	Reputational	Medium	Guidelines have been put in place including eligibility criteria.

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 Three - A healthy, active community:

3.2 Improve access to sport, leisure and recreation facilities, services and programs

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:

6.1 Promote sensible and sustainable growth and development.

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:

9.1 Increase Broome’s domestic and international trade in tourism, agriculture, aquaculture, minerals and energy, culture and the arts, conservation economy and other emerging industries.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Consider, for inclusion in the Municipal Budget for 2022-2023, the following allocations from the Events Development Funding program, gives in-principle support to the allocation of funding and enters into agreements with the recipients for the following projects:

a) Kimberley Arts Network to the value of $11,035 (ex GST) to be made as cash payment for the Indigenous Community Festival Participation Program 2023.

b) Saltwater Country Ltd to the value of $40,000 (ex GST) per year, for 3 years, to be made as cash payment for the delivery of the Rhythm & Ride Festival 2023-25.

c) Shinju Matsuri Inc to the value of $110,000 (ex GST), to be made for the purchase of an event hub ($80,000) and $30,000 for venue hire for the 2022 Shinju Matsuri festival.

d) Goolarri Media Enterprises Pty Ltd to the value of $5,000 for the development of CinefestOz Broome;

e) Athletics West to the value of $17,500 for the delivery of the WA North West Athletics Championships.

f) Broome Aboriginal Media Association to the value of $10,000 for sponsorship of the event NAIDOC 2022, per year, for 3 years.

g) Broome Pride Inc. to the value of $7,500 for sponsorship of the event Broome Pride, per year, for 3 years.

h) Touch Football Australia Ltd. to the value of $6,500 for sponsorship of the event Beach Touch Footy 2023 Broome edition.

i) Fat Bike Championship Inc. to the value of $5,000 for sponsorship of the 2023 AusCycling Fat Bike National Championships.

2. Notifies the unsuccessful applicants of the outcome of their application and provide feedback and support for future rounds of the Events Development Fund program.

Attachments

There are no attachments for this report.

Agenda – Ordinary Meeting of Council 28 April 2022 Page 255 of 680

9.4 Performance

9.4.1 ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY REGISTER

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ARE02

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The purpose of this report is for Council to complete the 2021/22 annual review of delegations across various legislations.

This review also recommends that Council approve three new local law delegations to further enhance the completeness of the delegations register.

BACKGROUND

The Register of Delegated Authority was last presented to Council for review on 25 March 2021.

Section 5.46(2) of the Local Government Act 1995 (the Act) requires that a local government keep a register of delegations of authority made under the Act and that these are reviewed at least once every financial year.

In simple terms the need for a delegation occurs where the legislation refers to “the local government may” do something. In the absence of a delegation from Council, a Council decision would be required each time. Functions able to be delegated are administrative in nature and a function of the CEO in accordance with section 5.41(d) of the Act.

Delegations are also required for other legislation such as the Building Act 2011, Bushfires Act 1954, Cat Act 2011, Dog Act 1974, Food Act 2008, Graffiti Vandalism Act 2016, Public Health Act 2016 and Planning and Development Act 2005.

COMMENT

The Register of Delegated Authority has undergone significant change in the last 2 years. Firstly the format of the delegation register was upgraded to the WALGA recommended template, and secondly the ongoing administration of the delegation register has moved to the Attain cloud-based software program.

As a result, amendments to the Delegation Register for 2021/22 are predominately administrative in nature relating to position title changes and noting that the Attain system will be used for the recording of when a delegation is exercised for most delegations moving forward. A summary of all the changes can be found at Attachment 1.

Amendments of significance for Council consideration have been highlighted in the table below.

Ref	*Local Law Delegations* *NEW*	Comments
1.4.1	Cemeteries Local Law 2012	The absence of Local Law delegations was identified during the last delegation review. The WALGA Template did not provide local law delegations as these are not standard across local government. A complete review of all Local Laws has been completed as part of this review and identified the requirement for 3 delegations where the local law specifically references “the local government may”. The functions within the local laws delegated are all administrative nature falling within the responsibilities of the CEO.
1.4.2	Property and Public Places Local Law 2016
1.4.3	Trading, Outdoor Dining and Street Entertainment Local Law 2016

Ref

Dog Act 1974

Delegations

Comments

5.1.1

Part Payment of Sterilisation Costs / Directions to Veterinary Surgeons

The Dog Act 1976 provides for a contribution towards the cost of sterilisation up to $210 based on hardship. Owners are required to present a Pension Card or Health Care Card and have been resident in Broome for over 12 months.

Historically this concession has been extended to Cats. Review has identified that this is not covered in the Cat Act 2011.

To formalise this arrangement it is recommended that the following condition be added:

· Council extends the sterilisation subsidy to Cats for eligible persons under the same conditions as contained in the Dog Act 1976 [s.10A]

5.1.3

Kennel Establishments

Conditions of a Licence for a Kennel Establishment are contained in the Dogs Local Law 2012.

These conditions are not referenced in the current delegation. For clarity it is recommended that the following conditions be added:

· Subject to conditions contained within Schedule 2 – Dog Local Law 2012

· Variation applications to Schedule 2 – Dog Local Law 2012 are to be referred to Council for decision.

CONSULTATION

WALGA

STATUTORY ENVIRONMENT

Local Government Act 1995

5.42 Delegation of some powers and duties to CEO

(1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under –

(a) this Act other than those referred to in section 5.43; or

(b) the Planning and Development Act 2005 section 214(2), (3) or (5).

* Absolute majority required.

5.46. Register of, and records relevant to, delegations to CEO and employees

(1) The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.

(2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator.

(3) A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

POLICY IMPLICATIONS

Relevant policies are cross referenced throughout the Instrument of Delegation Register.

FINANCIAL IMPLICATIONS

Nil.

RISK

The Register of Delegated Authority is an important governance tool that provides the Chief Executive Officer with the authority to manage the day-to-day operations of the Shire in accordance with section 5.41 of the Act.

The annual review of delegations provides the opportunity for Elected Members to ensure that sufficient controls are in place to meet fiduciary duties whilst being cognisant of the need for operational efficiency.

From a compliance risk perspective, this item will meet the requirements for a review of delegations in the 2021/22 calendar year.

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

REPORT RECOMMENDATION:

That Council:

1. Notes the review of delegations; and

2. Adopts the Register of Delegated Authority 2021/22 as contained in Attachment 2 inclusive of the amendments outlined within this report.

Attachments

1.	Delegations of Authority - 2021/22 Review Changes Summary
2.	Shire of Broome - Register of Delegated Authority 2021-22 Review

Agenda – Ordinary Meeting of Council 28 April 2022 Page 441 of 682

9.4.2 GENERAL COMPLAINTS POLICY

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:

This report recommends that Council adopts a new General Complaints Policy.

The Policy provides guidance on the administration of the new codes of conduct that were adopted during 2021 with one applicable to Council Members, Committee Members and Candidates and the other specific to Employees.

A consistent approach to complaint handling will support the Shire to continuously improve its services to the Broome community.

BACKGROUND

On 3 February 2021, the Local Government (Model Code of Conduct) Regulations 2021 (Model Code) introduced a mandatory code of conduct for council members, committee members and candidates. Council adopted the new Shire of Broome Code of Conduct for Council Members, Committee Members and Candidates (CoC), inclusive of the mandatory requirements at the 29 April 2021 Ordinary Council Meeting.

Division 3 – Behaviour, in the new CoC requires Council to manage any behavioural complaints that are received. To provide guidance as to how these complaints are handled, Council adopted the Code of Conduct: Behaviour Complaints Management Policy at the 29 July 2021 Ordinary Council Meeting.

The resolution to adopt this new policy also contained a request that the Chief Executive Officer draft a Complaints Policy for Council consideration (point 3 below).

COMMENT

The resolution from the 29 July 2021 Ordinary Council Meeting requested that the draft Complaints Policy be presented to Council at the 30 September 2021 Ordinary Council Meeting. This date however fell during the Caretaker Period for the 2021 local government elections and therefore research and development of the draft policy was deferred.

The Victorian Ombudsman (Ombudsman) publication, Councils and complaints – A good practice guide 2^nd Edition, released in July 2021, has been the principal reference source used in the development of the draft policy. This publication is regarded as the benchmark standard for the handling of local government complaints and was provided to Councillors under separate cover.

The draft general complaints policy contains the following key statement areas as follows:

1. What is a complaint?

2. How to make a complaint

3. Our complaints process

4. How to request an internal or external review

5. How we learn from complaints

6. Your privacy

7. ‘Complaint’ versus ‘service request’

8. Unreasonable General Complaints

9. Managing Malicious, Frivolous, Persistent and Vexatious General Complaints

10. Limiting contact between the Shire and members of the public

11. Supporting Shire Employees and Elected Members

12. Responsibilities

Statements 1 – 6 and 11 - 12 are self explanatory. Additional comments follow in relation to statements 7 – 10.

‘Complaint’ versus ‘service request’

The Ombudsman’s 2019 Revisiting Councils and complaints report noted that Councils/Shires classified complaints and service requests inconsistently.

Service requests at the Shire of Broome that include an element of complaint do not currently get captured as such for reporting, monitoring and continuous improvement purposes. This policy proposes that the Shire move to a standard approach for capturing complaints at the source and then generating a service request where necessary.

This is a large administrative change to complaint/service request handling and will need to be phased in as systems and processes are developed to improve data capture in this area.

Unreasonable General Complaints

Local governments by nature have significant and diverse interaction with the community that results in complaints being received as part of the normal course of business. The majority are dealt with without incident, however on occasion a complainant’s conduct is unreasonable and has the potential to negatively impact on the health and well being of Shire employees and Elected Members. To provide support to Shire Employees and Elected Members, this policy defines what constitutes unreasonable conduct and that they are able to deal with the complainant in accordance with the Policy.

Managing Malicious, Frivolous, Persistent and Vexatious General Complaints

Despite the Shire’s best endeavours there is the potential for a complaint to become malicious and/or frivolous and/or persistent and/or vexatious.

The policy outlines what must be considered when determining via an investigation if a complaint is malicious, frivolous, unreasonable, persistent, or vexatious. The policy provides that a decision to take no further action on a complaint can be made by a Director or the Chief Executive Officer and that the complainant will be advised in writing accordingly.

Limiting contact between the Shire and members of the public

In exceptional circumstances it maybe necessary to limit contact with the complainant.

The policy outlines examples of where this might become necessary and covers areas such as:

· using insulting, threatening or abusive language,

· providing inappropriate, offensive, threatening of abusive content; and

· making the same or substantially the same complaint to multiple staff or elected members.

CONSULTATION

WALGA – Governance Team

Draft policy circulated to Councillors for comment.

Workshopped with Councillors on 12 April 2022, with Councillors Foy, Male, Matsumoto, Taylor, Tracey and Wevers in attendance.

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 2.7 – Role of council

(2)(b) determine the local government’s policies.

POLICY IMPLICATIONS

If adopted the new policy will establish guidelines and procedures for how the Shire of Broome will handle general complaints in a consistent manner and drive continuous improvement.

FINANCIAL IMPLICATIONS

Nil. In the future costs may be incurred in developing improved systems for the capture and analysis of complaint data.

RISK

Complaints have the capacity to have financial and reputational impacts on the Shire and health and safety impacts on Shire employees and elected members.

The policy aims to harness the benefits that complaints can have on operational performance and service levels when used appropriately and to provide consistent processes should any complainants conduct become unreasonable and require risk mitigation.

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

REPORT RECOMMENDATION:

That Council adopts the General Complaints Policy as per Attachment 1.

Attachments

1.	Draft General Complaints Policy

Agenda – Ordinary Meeting of Council 28 April 2022 Page 453 of 682

9.4.3 TRANSACTION CARD POLICY

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIN001

AUTHOR: Manager Governance, Strategy & Risk

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report recommends that Council adopts a new Transaction Card Policy. The Policy provides an in-principle framework to guide the Chief Executive Officer when fulfilling their statutory duties for establishing and implementing appropriate systems and procedures for incurring expenditure and making payments specific to Transaction Cards.

BACKGROUND

Transaction Cards also commonly referred to as “purchasing cards” are considered by the Auditor General (OAG) to be an important part of the public sector purchasing system. They can reduce costs and streamline business processes associated with authorising, tracking, purchasing, payment and reconciling entity purchases and can also significantly reduce the use of paper.^{^[1]}

How these benefits can be achieved is explained in the below diagram, drawn from the Western Australian Government Purchasing Card Guidelines

Empirical evidence suggests that the administrative cost of a transaction using the traditional procurement process is circa $120 whereas using transaction cards this is reduced to as little as $20.

COMMENT

The traditional procurement process is currently used for most Shire purchases with limited use of credit cards, fuel cards and store cards, however as part of a review of the Shire’s procurement practices it is recommended that the use of transaction cards be expanded.

In the 2020/21 financial year the Shire processed approximately 8,300 transactions with a total value of ~$48.9 million. Of this figure 6,700 transactions or 80% were for values less than $2,000 and accounted for only 6% of total expenditure.

Significant administrative cost savings and efficiency can be achieved by specifically targeting the use of transaction cards for these small value, day-to-day transactions with low risk.

Furthermore, in 2018, the Council endorsed the Shire’s participation in the Small Business Friendly Local Governments initiative which aims to build stronger, more productive relationships between small business and local government. The use of transaction cards to make immediate payment to suppliers supports this commitment and will deliver immediate cashflow and efficiency benefits to local small business. This also aligns with the State Government commitment since 1 April 2021, to pay for the supply of goods and services within 20 days.

As with any procurement method there is the potential for misuse and the convenience and flexibility of transactions cards can be a vulnerability. Therefore, sound policies and protocols for use and control must be established to take advantage of the improved purchasing efficiency, while minimising the opportunity and impact of misuse of funds.

The Transaction Card Policy aligns with the OAG’s Better Practice Principles and will be further supported by administrative policy, procedures, and individual Cardholder agreements to provide an overarching governance and control framework.

CONSULTATION

WALGA

Workshopped with Councillors on 12 April 2022, with Councillors Foy, Male, Matsumoto, Taylor, Tracey and Wevers in attendance.

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 2.7 – Role of council

(2)(b) determine the local government’s policies.

Section 6.5 – Accounts and records

(a) The CEO has a duty to ensure that there are kept, in accordance with regulations, proper accounts and records of the transactions and affairs of the local government.

Local Government (Financial Management) Regulations 1996

Reg 5 – CEO’s duties as to financial management

Reg 11 - Payments, procedures for making etc.

POLICY IMPLICATIONS

The Transaction Card Policy will underpin a Transaction Card Administration Policy to be approved by the Chief Executive Officer and Business Operating Procedures to be developed as part of the rollout of the Promaster Transaction Card Expense Management System.

This will provide the necessary governance and control framework around the use of transaction cards and allow the benefits from their use to be achieved.

FINANCIAL IMPLICATIONS

If 50% of the Shire’s annual expenditure on transactions below $2,000 was moved to transactions cards the administrative saving is estimated at approximately $300,000 based on a cost saving of $100 per transaction.

The ongoing costs of transaction cards are negligible and accommodated within the existing Bank fees and charges budget account.

RISK

Reputational risk from inappropriate use of public funds via transaction cards is possible however the consequence is considered minor.

The financial risk is mitigated by having the appropriate policies, procedures, and controls in place to monitor usage. These will be the subject of ongoing audit review by the OAG. Limiting the maximum transaction value on a transaction card to less than $2,000 provides assurance that the financial consequence is insignificant to minor.

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 Fourteen – Excellence in organisational performance and service delivery:

14.1 Embrace best practice approaches and new innovations to improve business efficiencies and the customer experience.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council adopts the Transaction Card Policy as per Attachment 1.

Attachments

1.	Transaction Card Policy

Agenda – Ordinary Meeting of Council 28 April 2022 Page 462 of 682

9.4.4 Monthly Payment Listing - March 2022

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Finance Officer - Creditors

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 March 2022.

BACKGROUND

The Chief Executive Officer (CEO) has delegated authority to make payments from the Municipal and Trust funds as per the approved 2021-22 Annual 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 March 2022.

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. The graph below displays the percentage comparison of total spend for March 2022.

For the month of March 2022:

· Local spend accounted for $1,171,078.49 (28%) of total payments

· Non-local payments were $1,105,830.27 (26%)

· Personnel payments totalled $1,642,368.34 (39%); and

· Utility payments totalled $277,883.44 (7%).

The graph below shows the percentage of local spend in comparison to non-local and recoupable spend for March 2022, after $1,642,368.34 in personnel payments, $277,883.44 in utilities and other non-local sole suppliers were excluded.

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

REPORT RECOMMENDATION:

That Council:

1. Receives the list of payments made from the Municipal and Trust Accounts in March 2022 totalling $4,197,110.54 (Attachment 1) per the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a) EFT Vouchers 64626 – 64955 totalling $4,030,499.07;

b) Municipal Cheque Vouchers 57730 - 57732 totalling $1,740.70.

c) Trust Cheque Vouchers 0000 - 0000 totalling $0.00; and

d) Credit Card Payments and Municipal Direct Debits 30543.1 - 30586.30

totalling $164,870.77.

2. Notes the local spend of $1,171,078.49 included in the amount above, equating to 51% of total payments excluding personnel, utility, and other external sole supplier costs.

Attachments

1.	Monthly Payment Listing March 2022

Agenda – Ordinary Meeting of Council 28 April 2022 Page 471 of 682

9.4.5 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - MARCH 2022

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 March 2022, 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 75%

Total Rates Raised Revenue 100% (of which 95% has been collected)

Total Other Operating Revenue 63%

Total Operating Expenditure 66%

Total Capital Revenue 37%

Total Capital Expenditure 42%

Total Sale of Assets Revenue 22%

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

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

REPORT RECOMMENDATION:

That Council adopts the Monthly Financial Activity Statement Report for the period ended 31 March 2022 as attached.

Attachments

1.	MONTHLY STATEMENT OF ACTIVITY MARCH 2022

Agenda – Ordinary Meeting of Council 28 April 2022 Page 514 of 682

10. Reports of Committees

10.1 Minutes and Recommendations from Kimberley Regional Group Meeting held on 15 February 2022

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: KRG01

AUTHOR: Executive Assistant to the CEO

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents for Council endorsement the Minutes from the Meeting of the Kimberley Zone of WALGA held on 15 February 2022.

BACKGROUND

A copy of the minutes from the Kimberley Zone of WALGA and the minutes of the Kimberley Regional Group (KRG) meeting held 15 February 2022 are attached for Council consideration (Attachment 1).

As a result of a past decision of the group, both the Kimberley Zone and KRG meetings are joined.

It should be remembered that the Kimberley Zone of WALGA is a group established to represent regional issues to the State Council of the Western Australian Local Government Association (WALGA). This group includes the four Kimberley Shires in addition to the Shires of Christmas Island and Cocos Keeling Islands.

The KRG is a group defined through a deed of agreement between the four Kimberley local governments with the Minister for Local Government.

The Shire of Wyndham East Kimberley accepted the Secretariat role for the Kimberley Zone / KRG late in 2021, with the formal transition to the Secretariat underway, noting that it’s likely the Shire of Broome will continue to provide some level of support services through to 30 June 2022.

COMMENT

The minutes and respective background information are attached to this report and the following comments are made in relation to the resolutions passed by the Group. Additional recommendations have been made where necessary for Council’s consideration.

Kimberley Zone Meeting Minutes – 15 February 2022

The Kimberley Zone considered the recommendations on Matters for Decision that were contained within the 2 March 2022 WALGA State Council agenda.

Matters for Decision

WALGA Recommendation

Zone Comment & Zone Recommendation

5.1

Short-Term Accommodation Regulatory Scheme

1. The intergovernmental working group be re-formed to guide the establishment of a state-wide registration scheme, which includes Local Government as a key stakeholder to ensure that the experience and knowledge of the sector informs the scheme’s formulation.

2. A state-wide registration scheme be developed for short-term accommodation and peer-to-peer platforms with the inclusion of the following features:

a. All hosted and un-hosted short-term accommodation must be required to be registered with the scheme before being able to advertise the property

b. All peer-to-peer platforms that seek to let short-term accommodation must be regulated through the scheme as a host platform

c. Obligations of registration for both hosts and platforms must be clear and appropriate infringements and compliance tools should be embedded in the regulatory framework

d. Local Governments must be able to maintain the ability to require the provision of additional information and impose additional licencing or operational requirements, depending on their circumstances

e. Local Government’s must be able to set fees commensurate with the cost of providing the service for any role undertaken as part of the scheme, and

f. Local Governments must have access to all necessary data collected by the scheme to adequately manage the potential impacts of short-term accommodation providers and to ensure local requirements are being met by hosts.

3. No exemptions for ‘unhosted accommodation’ are allowed until the details of the state-wide registration scheme are finalised and deemed sufficient to adequately manage the impacts of short-term accommodation.

SUPPORT

The submission is largely consistent with proposed requirements in Shires in the Kimberley with higher volume unhosted short stay accommodation.

6.1 COVID-19 UPDATE

6.2 2022-23 Federal Budget Submission (05-088-03-0004 DM)

6.3 Detection of Polyphagous Shot-hole Borer and Implications for Local Government (05-046-03-0017 RZ) (note; borer not present in the Kimberley)

6.4 State Planning Policy 2.9: Planning for Water - Submission (05-036-03-0070 AR) (Note: State Council endorsed the submission by Flying Minute on 8 November 2021. The submission was provided to the DPLH on 8 November 2021).

6.5 Submission to Salaries and Allowances Tribunal – Local Government Remuneration Inquiry (05-034-01-0102 TL) (note: Due to the timeframes involved, the submission was endorsed by State Council by Flying Minute following consideration by the State Council Governance and Organisational Services Policy Team).

Organisational Reports

· Report on Key Activities, Commercial and Communications (01 006-03-0017 CH)

· Report on Key Activities, Governance and Organisational Services ((01 006-03-0007 TB))

· Report on Key Activities, Infrastructure (05-001-02-0003 ID)

· Report on Key Activities, Strategy, Policy and Planning (Report on Key Activities, Strategy, Policy and Planning Unit (01-006-03-0017 NM)

· Policy Forum Reports (01-006-03-0007 TB)

WALGA President’s Report

The following matters are covered in the WALGA President’s Report

· COVID-19 – Update

· Rapid Anti-Gen Tests (RATs)

· Local Government Legislative Reform

· Work Health and Safety Legislation

· Aboriginal Cultural Heritage Act

· Submission to Salaries and Allowances Tribunal Remuneration Inquiry

· 2022 Local Government Honours Program

Kimberley Regional Group Meeting Minutes – 15 February 2022

The following items from the Kimberley Regional Group Meeting held 15 February 2022 should be noted by Council:

9.1 Business Plan Progress Report

The Strategic Community Plan and Business Plan for the period 2020-2024 was adopted by the KRG in June 2021. This report provided an update on progress towards the achievement of the Business Plan which has a four-year horizon.

The KRG noted the Business Plan Update.

9.2 Consultant Report

This report provided an overview of the activity undertaken by ATEA consultants to support the activities of the WALGA Kimberley Country Zone (Zone) and the Kimberley Regional Group (KRG).

The Chairperson acknowledged the departing Executive Officer, Debra Goostrey, and thanked her for her outstanding efforts during her tenure.

The KRG noted the Consultant Report provided by ATEA Consulting.

9.3 Strategic Position

The KRG provide leadership across the region and are seeking to establish a strategic position in relation to the complex matters driving the record levels of crime and anti social behaviour across the region.

This item facilitated the suspension of standing orders to enable free discussion of the issues and the development of an agreed position for dissemination to Government and other key stakeholders.

The KRG noted the item and suspended standing orders to enable discussion of key issues. The item is to be referred back to the KRG at the next most suitable meeting.

CONSULTATION

WALGA

Kimberley Development Commission

Kimberley Regional Development Australia

Department of Local Government Sport and Cultural Industries

STATUTORY ENVIRONMENT

Local Government Act 1995

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

The 2021-22 Annual Budget endorsed by the KRG included an annual member contribution of $41,060, again reduced from previous years. Funding has been endorsed by Council in it’s 2021/22 Annual Budget.

RISK

Nil.

STRATEGIC ASPIRATIONS

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

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:

9.5 Grow the size and depth of Broome’s labour market with improved access to training and development opportunities.

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

Outcome Eleven – Effective leadership, advocacy and governance:

11.1 Strengthen leadership, advocacy and governance capabilities.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Receives and endorses the resolutions of the Kimberley Zone as attached in the Kimberley Zone of WALGA Meeting Minutes of 15 February en bloc;

2. Receives and endorses the resolutions of the Kimberley Regional Group as attached in the Kimberley Regional Group Meeting Minutes of 15 February 2022 en bloc.

Attachments