Agenda of Ordinary Meeting - Thursday, 30 June 2022

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

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	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
2022	28 April			A						R
2022	26 May			LOA	A					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 30 June 2022 Page 0 of 1

9.2 Place

9.2.1 Proposed Adoption of Local Planning Policy - Holiday House (Short Term Residential Accommodation)

LOCATION/ADDRESS: N/A

APPLICANT: Shire of Broome

FILE: PLA22.1

AUTHOR: Coordinator Planning Services

CONTRIBUTOR/S: Manager Planning and Building Services

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

At the Ordinary Meeting of Council held on 18 November 2021, Council resolved to prepare Local Planning Policy – Holiday Homes (draft LPP) for public comment for a minimum of 90 days.

The draft LPP was prepared as Council had adopted draft Local Planning Scheme No 7 (LPS7) which proposes that ‘Holiday House’ become a discretionary (D) land use in the Residential, Rural Residential and Rural Smallholdings zone (it is currently a prohibited (X) land use in these zones in Local Planning Scheme No 6 (LPS6)). The LPP was prepared in advance of formal adoption of LPS7, as the Department of Planning, Lands and Heritage (DPLH) who assess and make recommendations to the Minister on the approval of Local Planning Schemes requested that a Local Planning Policy on Holiday House’s be prepared and advertised at the same time as draft LPS7.

The formal advertising period for the draft LPP commenced on 9 December 2021 and closed on 31 March 2022, the advertising occurred concurrently with LPS7.

This report presents the submissions received on the draft LPP. It is recommended that Council adopts the draft LPP, following the gazettal of draft LPS7 without modification as outlined in the Schedule of Submissions in accordance with Clause 4 of the Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015.

BACKGROUND

Previous Considerations

OMC 3 November 2005 Item 9.3.7

OMC 13 December 2018 Item 9.2.10

OMC 29 July 2021 Item 9.2.2

OMC 18 November 2021 Item 9.2.4

Background

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

Council first considered introduction of provisions to enable short-term rental accommodation from residential properties in 2005. At the request of the then Department of Planning and Infrastructure, a Discussion Paper was prepared and advertised for public comment. A copy of the Discussion Paper is provided as Attachment No 1. The Discussion Paper recommended introducing a land use definition of ‘Serviced Apartment’ to the then Town Planning Scheme No 4 (TPS) in the Town Beach and Cable Beach residential areas. The discussion paper was advertised for public comment and 21 submissions were received. There were mixed responses, which included:

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

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

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

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

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

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

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

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

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

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

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

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

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

At the time of drafting the LPP and when it was presented to Council in November 2021, none of the recommendations from the 2019 Inquiry had been actioned to the extent that there has been any change to the existing state-level regulatory framework. However, since the adoption of the draft LPP by Council in November, the State Government on the 6 December 2021, released for public comment a draft Position Statement – Planning for Tourism and draft Planning for Tourism Guidelines. At the same time, the Department of Local Government, Sport and Cultural Industries released a proposed registration system which once implemented would require providers of short-term rental accommodation to register their property to operate and advertise.

The process of preparing an LPP on Holiday Houses is mindful of the 2019 Inquiry and does not seek to pre-empt the outcomes of the Government response. Instead, it aims to explore options that will complement State-level regulatory controls. A review of the draft LPP against the State Government’s Position Statement, Guidelines and registration system has also been performed and is outlined in the officers’ comments section below.

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

As part of this public consultation, feedback was received from the community that management of un-hosted accommodation (i.e. people renting their whole house to tourists through platforms such as Stayz and AirBnB) is required to ‘level the playing field’ with traditional accommodation forms.

In response to the public comments received, Council at the July 2021 Ordinary Meeting adopted draft Local Planning Scheme No 7 (draft LPS7) which proposes that Holiday House is designated as a Discretionary use in the Residential, Rural Residential and Rural Small Holdings zones in the Zoning Table of draft LPS7. This land use is currently prohibited under LPS6 and has been prohibited under the Shire’s planning framework since 1985 (a prohibited use is not capable of being approved under the local planning framework, whereas Discretionary use provides discretion to approve the land use). In relation to complaints received about this land use, officers currently only respond to complaints made in writing where a specific property can be identified as operating as a holiday house (i.e. property addresses are provided).

In preparing the draft LPP, research has been undertaken into other local government’s approaches which is set out in a Directions Paper included as Attachment No 3.

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

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

· Incorporation of public consultation requirements into the LPP.

· Inclusion of car parking standards into the LPP.

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

At the Ordinary Meeting of Council on 18 November 2021, Council resolved to prepare Local Planning Policy – Holiday Homes (draft LPP) for public comment for a minimum of 90 days.

At the request of DPLH as part of its assessment of draft LPS7, draft Local Planning Policy - Holiday Houses (draft LPP) was advertised by the Shire at the same time as draft LPS7. This has been undertaken to enable informed community review and feedback on how the Shire will exercise its discretion to approve these land uses upon gazettal of LPS7.

COMMENT

Submissions received

The formal advertising period commenced on 9 December 2021 and closed on 31 March 2022 which coincided with the advertising period for draft LPS7. At the close of the public comment period, six submissions were received. Overall, most of the submissions were in support of the intention to allow consideration of un-hosted holiday houses within residential areas, subject to the draft LPP being modified for various reasons. One submission objected to un-hosted holiday houses being listed as a ‘D’ use under draft LPS7 within the residential zones.

The following key themes were raised in the submissions on the draft LPP:

· Signage should not be required to be erected on the site.

· Formal consultation to adjoining property should not be mandatory.

· Limiting development approval to two years is overly onerous.

· A rates levy seems unreasonable given properties will remain vacant for significant portions of the year.

· Holiday houses compromise the amenity of existing residential areas through unsociable activities and traffic congestion in local streets.

· Car parking requirements should include provision for trailers, boats, caravans and camper vans.

· Property Managers should be contactable 24/7.

· The renewal process should be every 12 months and should include a full re-submission, including public consultation.

· There should be a limit on the number of un-hosted holiday houses allowed to exist in any street at any given time.

· Total number of guests should not exceed two people per bedroom.

The Schedule of Submissions is attached (Attachment No 4) and outlines the comments received from the submitters and an officer comment and recommendation in relation to each item raised. The comments below provide a summary of the key themes raised in the submissions.

Signage should not be required to be erected on the site.

Some submissions indicated that signage should not be erected on the site of an un-hosted holiday house as it would be an eye-sore and would leave a property vulnerable to break-ins when not occupied. The proposed requirement for a sign to be erected on site is to ensure the complaints process made against a property can be lodged and responded to in a timely manner.

Some members in the community may not be aware of the proposed holiday houses register and may not be aware of who to contact in the first instance if there is an issue or disturbance. The requirement is generally consistent with the approach taken by other Local Governments. Any security concerns are considered to be risks entered into by the owner/operator and should be considered as part of the preparation of the Management Plan which is required as part of the draft LPP. It is recommended that the Policy remain unchanged in this regard.

Formal consultation to adjoining property owners should not be mandatory.

Officers consider un-hosted holiday houses to be a use which differs from a standard residential dwelling. Whilst potential issues with holiday houses can be satisfactorily mitigated through the implementation of a Management Plan, it is important for neighbouring property owners to be notified of proposals and be familiar with the size and scale of the operation of the holiday house.

Whilst property owners will be consulted, objections to a proposed holiday home will need to be based on relevant planning considerations against the policy. The decision on an application will remain with the Shire and assessments will be made considering any submissions against the policy requirements.

Existing operators will be required to submit a retrospective development application and will be subject to all of the requirements contained within the policy.

Limiting development approval to two years is overly onerous.

As outlined in Attachment No 3, Directions Paper, a number of local governments establish provisions that approvals for Holiday Homes are valid for a 12-month term (requiring annual renewals). This approach is adopted by some local government so in the event a complaint is received or the Holiday House is not operating in accordance with its approval, a renewal application may not be granted.

In drafting the LPP, the issue of incorporation of timed approvals was considered and discussed. While typically a timed approval would not be recommended, given the State is in the process of finalising the changes following the 2019 Inquiry and the Shire would have a new and untested Policy framework, it was deemed that an initial period of timed approvals would be appropriate. This will enable the Shire to review the appropriateness of the Policy over an operational tourist season, make any necessary adjustments to the Policy and be able to incorporate any changes into the approved application.

The draft Policy recommends a 24-month approval period to enable a majority of applications to complete a full tourist season of operation and to allow time for the Shire to review the Policy (and the appropriateness of the termed approval). As outlined in the Directions Paper, Council could choose to remove the termed approval when reviewing the Policy.

Based on the above, no change to the draft LPP is recommended in this regard.

A rates levy seems unreasonable given properties will remain vacant for significant portions of the year.

The rating process is separate to planning considerations and adoption of the LPP. However, when the draft LPP was workshopped, request was made that the Directions Paper outline the intended rating approach, once the Shire is in a position to approve the land use.

To create a level playing field between traditional tourist operators and short-term rental accommodation from residential properties, the Shire will seek to apply differential rates according to land use (i.e. approved Holiday House land uses). This will mean that these land uses will be subject to a higher rate in the dollar. Applying higher rate in the dollar to approved holiday houses is an approached considered to be appropriate in other local governments (such as Fremantle, Denmark and Busselton) as the level of service provided by the local government to holiday houses will be higher than the services provided to standard residential properties (i.e. to assist in meeting the additional costs associated with providing tourism related infrastructure and services from the additional visitors to the Shire through this land use). Determining the rate in the dollar for the holiday house land uses will be subject to a separate process and will require the determination of Council in the future.

This will be actioned by the Shire, post gazettal of LPS7. The comments received in relation to this matter do not impact on Council’s consideration of the LPP, therefore no change is recommended.

Holiday houses compromise the amenity of existing residential areas through unsociable activities and traffic congestion in local streets.

Officers acknowledge that un-managed, un-hosted holiday houses can compromise the amenity of adjoining properties and the surrounding area. However, officers consider the requirements contained within the draft LPP to adequately mitigate potential issues and offer the Shire greater control to monitor and manage such properties.

The two-year time limit for approvals and the requirement for a Management Plan to be submitted to and approved by the Shire will place greater accountability on the property owners/property managers to ensure the amenity of adjoining properties and the surrounding area is maintained

Car parking requirements should include provision for trailers, boats, caravans and camper vans.

Management plans to be submitted in support of a development application will need to demonstrate how parking is to be managed on-site. Officers consider the current car parking requirements within the draft LPP to provide sufficient car parking for the size and scale of each holiday house. It is the responsibility of the property owner and property manager to ensure any trailers and the like are parked in a way which does not compromise the safety of the local road network.

If occupants of a holiday house were to park within a road reserve, individuals would be subject to the requirements of the Shire’s Parking and Parking Facilities Local Law 2012. Any illegal parking may be subject to infringements being imposed.

Property Managers should be contactable 24/7.

Officers do not consider it feasible for property managers to be contactable 24/7. Police can be called for all noise/antisocial behaviour complaints made after hours. The Management Plan should outline how a complaint is responded to within 12 hours and how such complaints would be adequately resolved as soon as practically possible.

The renewal process should be every 12 months and should include a full re-submission, including public consultation.

Requiring properties to apply for a renewal every 12 months is overly onerous. Property owners/property managers will be held accountable against their approved Code of Conduct and Management Plan. Whilst property managers should be the first point of contact for complaints, compliance action can be taken if it is considered that a holiday house is not being operated in accordance with the approved Code of Conduct and/or Management Plan. Furthermore, as outlined in the Directions Paper, a refusal of a renewal of a Holiday House application on the grounds of a complaint being received is unlikely, in isolation, to be reasonable grounds for refusal if the decision was reviewed.

Based on the above, it is not recommended that any amendments are made to the draft LPP in this regard.

There should be limit on the number of un-hosted holiday houses allowed to exist in any street at any given time.

Holiday house is proposed to be listed as a ‘D’ use under draft LPS7 within the Residential, Rural Residential and Rural Small Holdings zones. The draft LPP would require all applications to be advertised to adjoining property owners and officers would be required to undertake a detailed assessment against the intent and objectives for each zone contained within draft LPS7. If the number of properties within a particular street are considered to have the potential to materially alter the intent and objectives of these zones, this would be a matter requiring consideration in determining a development application. Officers do not consider it appropriate or necessary to limit the number of properties within the street.

Total number of guests should not exceed two guests per bedroom.

Officers consider a requirement to limit the number of guests to two guests per bedroom to be overly prescriptive. Officers consider alternative bedding options such as bunk beds and trundle beds to be viable options to accommodate more than two guests per bedrooms where appropriate (i.e. families). It would be the responsibility of officers to review the Management Plan to ensure overcrowding of holiday houses is avoided in accordance with the draft LPP.

State’s Tourism Position Statement and Guidelines

As outlined in the background section above, the State released the draft Tourism Position Statement and draft Planning for Tourism Guidelines for public comment on the 6 December 2021. The Position Statement and Guidelines outline the policy position of the Western Australian Planning Commission and guide the appropriate management of tourism land use and development in the State. The draft Position Statement and Guidelines also give clear and consistent direction to local governments on the definition and treatment of short-term rental accommodation in WA in response to the Inquiry findings.

The Position Statement outlines that Local Governments are best placed to plan for tourism within their communities and establishes that strategic and statutory planning should encourage a range of tourist accommodation choice and experiences, as required. Direction is provided in the Position Statement that supply, demand and pressures associated with short-term rental accommodation should be considered and provides general direction on location of short-term rental accommodation. Overall the Shire’s draft LPP is deemed consistent with the Position Statement.

The Position Statement, foreshadows that the WAPC is considering recommending that hosted short-term rental accommodation accommodating up to 4 people (a Bed and Breakfast land use) would be exempt from the need to obtain development approval. Council at the May 2022 Council meeting adopted LPS7 with the recommendation that Bed and Breakfast was a permitted land use (thereby exempting it from development approval) consistent with the Position Statement.

The Position Statement also foreshadowed that un-hosted accommodation in a single house, grouped or multiple dwelling (a Holiday Home land use) may be made exempt from development approval where it is let for no more than 60 days per calendar year. This proposed exemption was met with a lot of resistance from the local government sector and WALGA as it would present significant challenges to local government to implement approvals and may not be consistent with the overall intent of the Inquiry which was to level the playing field.

The Position Statement also foreshadowed some potential changes to the tourism land use definitions in the model provisions. Officers discussed this with DPLH officers as part of the final considerations of LPS7 and were provided direction that as the Position Statement was still in draft and submissions review had not been completed, land use definitions in draft LPS7 should remain consistent with the Model Provisions (i.e. no change at this point).

Ultimately the changes to the land use definitions foreshadowed in the Position Statement are largely to clarify difference between hosted and un-hosted accommodation and also to distinguish un-hosted accommodation between different dwelling types (single, grouped and multiple dwellings). This is not deemed to present any material considerations to the draft LPP.

Summary

The public submissions received have been reviewed and the draft LPP has also been reviewed against the State’s draft Position Statement and Guidelines. Based on the feedback received, it is recommended that Council adopt the draft LPP upon gazettal of LPS7.

It must be noted that the draft LPP cannot be adopted at this point in time as un-hosted short-stay accommodation in the Residential, Rural Residential and Rural Small Holding zones is currently prohibited. Also, the Shire is not in a position to approve any applications for this land use in these zones until is becomes a discretionary land use under the Local Planning Scheme.

Prior to LPS7 being gazetted, officers will continue to respond to complaints made against specific properties that have been identified as operating as a holiday house, where street addresses are provided. Officers will investigate whether compliance action can be taken if it is demonstrated that the land use for an identified property is inconsistent with the local planning framework.

If LPS7 is gazetted with the land use becoming discretionary a pathway for regularising the land use and ensuring approvals are obtained would be implemented. Also as outlined above, the rating system will be reviewed at this point also.

CONSULTATION

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

Given that the draft LPP and draft LPS7 were concurrently advertised, the public consultation exceeded the requirements under the Regulations. The Draft LPP and draft LPS7 were advertised for public comment for 112 days. As part of the consultation for this LPP, in addition to the consultation included in the adopted Community Engagement Strategy for draft LPS7, the following groups were directly notified of the notice calling for submissions:

· The Broome Tourism Leadership Group;

· Broome Visitors Centre;

· Broome Chamber of Commerce and Industry;

· Kimberley Development Commission

· Real-Estate Agents;

· Resort operators;

· Broome Police; and

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

STATUTORY ENVIRONMENT

Clause 4 of the Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) details the procedure for making local planning policy. On the expiry of the advertising period for public submissions, the Shire must now review the proposed policy in the light of any submissions made and resolve to:

(i) proceed with the policy without modification; or

(ii) proceed with the policy with modification; or

(iii) not to proceed with the policy.

Officers recommend that Council proceed with the policy without modification. If the Council support this resolution, the Regulations require the Shire to publish a notice of the policy in a newspaper circulating in the Scheme area.

Officers note that the current provisions of LPS6 prohibit the consideration of un-hosted holiday houses in the Residential, Rural Residential and Rural Smallholdings zones. It is therefore recommended that Council adopt the draft LPP subject to the gazettal of draft LPS7.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

There are no financial implications to Council to adopt the draft LPP.

As identified in the 2019 Inquiry, higher local government rates are levied against Traditional Accommodation businesses than Short Term Rentals (Holiday Home land uses).

Each year, Councils set a revenue target as part of their budgeting process. To meet their target, they determine a ‘rate in the dollar’ by dividing the rates collection by the total amount of valuations on their roll. An individual’s Council rates are calculated by multiplying the Gross Rental Value (GRV) of their property by the rate in the dollar.

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

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

RISK

Nil

STRATEGIC ASPIRATIONS

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

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

6.1 Promote sensible and sustainable growth and development.

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

9.4 Support business growth, innovation and entrepreneurship.

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

Outcome Twelve – A well informed and engaged community:

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

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

13.2 Improve real and perceived value for money from rates.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Pursuant to Clause 4 (1) of the Deemed Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015 resolves to adopt Local Planning Policy – Holiday Houses subject to the gazettal of draft Local Planning Scheme No 7.

2. Request the Chief Executive Officer to perform a review of the Local Planning Policy within 24 months of the gazettal of draft Local Planning Scheme No 7.

Attachments

1.	2005 Discussion Paper
2.	Submission to Inquiry 2018
3.	Directions Paper 2021
4.	Schedule of Submissions
5.	Draft LPP

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

9.2.2 CHINATOWN REVITALISATION PROJECT STAGE 2 - PROJECT UPDATE

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: PLA102

AUTHOR: Project Engineer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report provides an update to Council for the Chinatown Revitalisation Project, Stage Two. The report summarises the work undertaken as well as the current financial position for each of the eleven sub projects. Officers recommend several budget amendments across the sub projects as well as retaining the budget surplus within the Drainage Reserve.

BACKGROUND

Previous Considerations

OMC 25 June 2020 Item 9.2.4

SMC 6 October 2020 Item 6.2.1

OMC 29 July 2021 Item 14.1

On 21 February 2020, the Shire of Broome (the Shire) and the State Government of West Australia (the State) entered into a Financial Assistance Agreement to deliver the Chinatown Stage 2 Revitalisation Project (the Project).

The Project was further defined in accordance with the eleven following sub-projects:

1. Stage 2 Streetscape Enhancement Detail Design

2. Short Street Streetscape Enhancements

3. Napier Terrace Streetscape Enhancements

4. Carnarvon Street North Streetscape Enhancements

5. Smart Cities Enabling Items

6. Chinatown Public Art

7. Chinatown Transit Hub and Pocket Park

8. Streeters Jetty Refurbishment

9. Visitors Centre Amenities

10. Chinatown Place Activation Manger

11. Project Management, Administration, Audit and Reporting

The Project commenced works with preliminary investigations into the site survey, pavement geotechnical design, and service proving. The Shire appointed ACOR Consultants as the lead designer to complete detailed design for the Project.

Following endorsement of the detailed design, the Shire commenced the procurement process for the construction works of the Project. At the Special Meeting of Council 6 October 2020 Council authorised the Chief Executive Officer to enter into a contract with Georgiou Group for the Project.

In July 2021 the Shire undertook tendering for the delivery of the Streeters Jetty sub-project. At the Ordinary Meeting of Council 29 July 2021 Council awarded the Contract and made further budget amendments to the sub-project accounts.

Project Update

A summary of the Project works is provided in the attached Project Update Report. The report details the following sub-projects:

1. Stage Two Streetscape Enhancement Detail Design

2. Short Street Streetscape Enhancements

3. Napier Terrace Streetscape Enhancements

4. Carnarvon Street North Streetscape Enhancements

5. Smart Cities Enabling Items

6. Chinatown Public Art

7. Streeter’s Jetty Refurbishment

8. Chinatown Transit Hub and Pocket Park

9. Visitor Amenities

10. Place Activation Manager

11. Project Management, Administration, Audit and Reporting

The report provides a summary of the works completed, the achievements, issues encountered and the financial performance for each sub-project. The report also details the broader performance for the Project with regards to stakeholder engagement, local content performance, indigenous employment performance, and economic development.

Future Works

Generally, the project has been completed however there are minor works that need to occur in 2022/23 to complete the Project. The outstanding works include the Smart Cities Enabling Items for CCTV and Wi-Fi as well as some infrastructure and landscaping modifications pertaining to the three wise men relocation. These additional works will be funded through the Shire’s municipal contribution to the Project and are estimated to cost a further $40,000.

STATUTORY ENVIRONMENT

All engagements and works were undertaken within the statutory framework of the Local Government Act. In particular the requirements around Variations under the Contract.

FINANCIAL IMPLICATIONS

The Project budget was established at the Special Meeting of Council 6 October 2020. This nominated the budget to the following accounts:

Project Income

Income	Amount – at SMC
Department of Primary Industry and Regional Development – FAA funding	$11,950,000.00
Kimberley Development Commission – RED grant	$100,000.00
Shire of Broome – Municipal and Original Borrowing	$3,658,000.00
Road Reserve	$836,000.00
Contributions – Development WA	$316,000.00
Additional WATC Loan	$1,800,000.00
Private Contribution - Male Family Contribution: Sam Male Statue	$50,000.00
Sub-Total	$18,710,000
Local Roads and Community Infrastructure Fund	$316,000.00
2019/20 Surplus – Originally estimated at $699,000	$571,000.00
Total	$19,597,000

Project Expenditure

Account	Expense Acct Name	Amount – Per SMC
113672280	Detailed Design	$800,000
1367414	Short St Enhancements	$5,704,000
1367416	Napier Tce Enhancements	$4,369,000
1367417	Carnarvon St Enhancements	$3,833,000
1367418	Smart Cities	$300,000
1367412	Public Art	$488,000
1367419	Streeters Jetty Refurbishment	$300,000
1367420	Transit Hub and Pocket Park	$1,577,000
1367421	Visitor Centre Amenities	$186,000
101367230	Chinatown Place Activation Coordinator	$445,500
113672210	Project Management	$707,500
Sub-Total		$18,710,000
1367433	Carnarvon Street South Streetscape Enhancement	$887,000
Total		$19,597,000

Funding Amendments

The following income allocations were amended during construction:

2019/20 Budget Surplus

The funding allocation from the 2019/20 Surplus was originally estimated to be $699,000 at the time of the Special Meeting of Council 6 October 2020, of which $571,000 was required to deliver the Carnarvon South works. Following the audit of the financial year the surplus was only $557,000.

Development WA Contribution

The project had allowed for $316,000 of DevelopmentWA contributions which were to be reallocated to this project. Following reconciliation of the final DevelopmentWA projects, the available surplus funding for the project was determined to be $225,442.24.

Additional Funding

The Project received additional funding from several different sources during the construction period. The table below notes the additional funding received for the project:

Contribution	Amount	Account to be allocated
Streeters Jetty Additional Contribution from 104299	$100,000.00	1367419 – Streeters Jetty
Streeters Jetty Additional Contribution from 1181409	$196,823.00	1367419 – Streeters Jetty
Private Contribution – Roebuck Bay Hotel Bottleshop Carpark Concrete Private Works	$48,705.23	1367416 – Napier Terrace Enhancements
Private Contribution - Water Corporation watermain upgrades	$204,041.82	1367417 – Carnarvon Street North Enhancements
Total	$549,570.05

Additional Reallocation – Ordinary meeting of Council 29 July 2021

The Shire reallocated $310,000 in Ordinary Meeting of Council 29 July 2021 to fund the additional works required at Streeters Jetty. These funds were reallocated from the following accounts:

- 1367417 Carnarvon Street Enhancements: $286,000; and

- 101367230 Place Activation Coordinator: $24,000

Additional Place Activation Funding

As part of the 2021/22 financial year budget process, the Shire of Broome allocated $80,000 of municipal funding for place activation works occurring at the Project in 2021/22.

Following the abovementioned amendments, the resultant budget for Income and Expenditure is as follows;

Income

Income	Amount
Department of Primary Industry and Regional Development – FAA funding	$11,950,000.00
Kimberley Development Commission – RED grant	$100,000.00
Shire of Broome – Municipal and Original Borrowing	$3,658,000.00
Road Reserve	$836,000.00
Contributions – Development WA	$225,442.24
Additional WATC Loan	$1,800,000.00
Private Contribution - Male Family Contribution: Sam Male Statue	$50,000.00
Streeters Jetty Project – Additional Contribution from 104299	$100,000.00
Streeters Jetty Project – Additional Contribution from 1181409	$196,823.00
Private Contribution – Roebuck Bay Hotel	$48,705.23
Water Corporation Contribution	$204,041.82
Shire of Broome – Municipal Contribution to 2021/22 Place Activation	$80,000.00
Sub-Total	$19,249,012.29
Local Roads and Community Infrastructure Fund	$316,000.00
2019/20 Surplus – Originally estimated at $699,000	$557,000.00
Total	$20,122,012.29

The final sub-project account budgets were as follows;

Account	Acct Name	Original Budget	Construction Amendment	Revised Amount
113672280	Detailed Design	$800,000		$800,000.00
1367414	Short St Enhancements	$5,704,000		$5,704,000.00
1367416	Napier Tce Enhancements	$4,369,000	$48,705.23	$4,417,705.23
1367417	Carnarvon St Enhancements	$3,833,000	-$81,958.18	$3,751,041.82
1367418	Smart Cities	$300,000		$300,000.00
1367412	Public Art	$488,000		$488,000.00
1367419	Streeters Jetty Refurbishment	$300,000	$606,823.00	$906,823.00
1367420	Transit Hub and Pocket Park	$1,577,000		$1,577,000.00
1367421	Visitor Centre Amenities	$186,000		$186,000.00
101367230	Chinatown Place Activation Coordinator	$445,500	$56,000.00	$501,500.00
113672210	Project Management	$707,500		$707,500.00
Subtotal		$18,710,000	$629,570.05	$19,339,570.05
1367433	Carnarvon Street South Streetscape Enhancement	$887,000		$887,000.00
Total		$19,597,000	$629,570.05	$20,226,570.05

Based on the amended income available to the project, there is a $104,557.76 deficit between the project income and expenses. This deficit is resolved in the council resolution and balances the expense and income accounts.

Expenses

The following expenses have been incurred against each of the projects across the entire project lifecycle:

Sub-Project	Budget	Expense	Residual
Stage Two Streetscape Enhancement Detail Design	$800,000.00	$800,210.01	-$210.01
Short Street Streetscape Enhancements	$5,704,000.00	$5,517,458.05	$186,541.95
Napier Terrace Streetscape Enhancements	$4,417,705.23	$4,257,694.70	$160,010.53
Carnarvon Street North Streetscape Enhancements	$3,751,041.82	$3,746,464.89	-$4,576.93
Smart Cities Enabling Items	$300,000.00	$277,147.25	$22,852.75
Chinatown Public Art	$488,000.00	$731,424.14	-$243,424.14
Streeter’s Jetty Refurbishment	$906,823.00	$870,643.78	$36,179.22
Chinatown Transit Hub and Pocket Park	$1,577,000.00	$1,270,000.00	$307,000.00
Visitor Centre Amenities	$186,000.00	$166,712.32	$19,287.68
Place Activation Manager (18 months)	$501,500.00	$491,643.00	$9,857.00
Project Management, Administration, Audit and Reporting	$707,500.00	$910,941.20	-$203,441.20
Subtotal Expenditure - FAA Chinatown Scope	$19,339,570.05	$19,040,339.34	$290,076.85
Carnarvon Street South Streetscape Enhancement	$887,000.00	$887,000.00	$0.00
Total Expenditure	$20,226,570.05	$19,927,339.34	$290,076.85

The project was delivered within the available budget, with total overall expenses below the total available budget. The table captures a final surplus for the project of $290,076.85.

Once amended to reflect the reduction in project income of $104,557.76, the final project surplus is $185,519.09

This surplus is further reduced by the $40,000 carry over for the future works to occur in 2022/23 as described in the item above.

Therefore, the final projected project surplus is $145,519.09

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.

An inclusive community that celebrates culture, equality and diversity:

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

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

Safe, well connected, affordable transport options:

Cost effective management of community infrastructure:

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

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

Appropriate infrastructure to support sustainable, economic growth:

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

A well informed and engaged community:

Value for money from rates and long term financial sustainability:

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Notes the attached Construction Update Report and the information contained therein;

2. Confirms the delivery of the Chinatown Project under budget with a surplus of $145,519;

3. Amends the DevelopmentWA Surplus Contribution income funds from $316,000 to $225,442, and reduce the overall project income by $90,558 in account 113675040;

4. Approves the following budget amendments to the 2021/22 sub project expenditure accounts;

*Account*	*Current 2021/22 Budget*	*2021/22 Expenses and Committed*	*Budget Reallocation Amendments*	*Amended 2021/22 Budget*
1367414 -Short Street Streetscape Enhancements	$1,704,949.13	$1,659,363.10	-$45,000.00	$1,659,949.13
1367416 -Napier Terrace Streetscapes Enhancements	$887,943.91	$834,044.15	-$10,000.00	$877,943.91
1367417 -Carnarvon Street North Streetscape Enhancements	$0.00	$213,387.72	$213,387.72	$213,387.72
1367420 - Chinatown Transit Hub and Pocket Park	$307,000.00	$0.00	-$307,000.00	$0.00
1367421 - Visitor Amenities	$186,000.00	$166,712.32	-$19,000.00	$167,000.00
1367412 - Public Art	$378,536.80	$322,139.06	-$50,000.00	$328,536.80
1367419 - Streeters Jetty Refurbishment	$805,775.34	$765,229.90	-$30,617.52	$775,157.82
101367230 - Place Activation Coordinator	$56,000.00	$63,357.00	$24,000.00	$80,000.00
113672210 - Project Management, Administration, Audit and Reporting	$0.00	$133,672.04	$133,672.04	$133,672.04

5. Authorises the transfer of the Project surplus of $145,519.09 to Drainage Reserve 101042810; and

6. Requests the Chief Executive Officer write to the following project partners thanking them for their contribution to the project:

(a) Development WA,

(b) Kimberley Development Commission,

(c) Department of Primary Industries and Regional Development, and

(d) Chinatown Stakeholder Reference Group.

Attachments

1.	Chinatown Revitalisation Project - Council Update Report

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

9.2.3 RFT 22/04 Supply and Delivery of Pindan Material

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: RFT22/04

AUTHOR: Senior Procurement & Risk Officer

CONTRIBUTOR/S: Manager Waste

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire of Broome has undertaken an open public tender process to appoint a suitable Contractor for the Supply and Delivery of Pindan Material.

This report provides an overview of the procurement process and recommends that no Tenders be accepted.

BACKGROUND

Previous Considerations

The Shire of Broome (Shire) has previously entered in Contracts for the Supply and Delivery of Pindan Material. The current Contract was awarded in 2020 and has now expired.

The Shire are seeking a suitably qualified Contractor to provide approximately 8,000m³ of pindan annually over a three year period.

COMMENT

The Shire undertook an open public tender process in April 2022 for the Supply and Delivery of Pindan Material. The tender was advertised in the Broome Advertiser, West Australian Newspaper and on the Shire Website.

One tender submission was received.

In accordance with the Shire’s Purchasing Policy, officers utilised a ‘value for money’ assessment to evaluate the submission.

The evaluation determined that the tender submission did not provide value for money.

In accordance with the recommendation contained within the Confidential Evaluation Report (Attachment 1) officer’s recommend that Council decline the tender submission received as detailed in the evaluation report attached.

CONSULTATION

WA Local Government Association (WALGA)

STATUTORY ENVIRONMENT

Local Government Act 1995

3.57 Tenders for providing goods or services

(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply good or services.

(2) Regulations may make provision about tenders

Local Government (Functions and General) Regulations 1996

11. When tenders have to be publicly invited

(1) Tenders are to be publicly invited according to the requirements of this Division before a local government enters into a contract for another person to supply goods or services if the consideration under the contract is, or is expected to be, more, or worth more, than $250 000 unless sub regulation (2) states otherwise.

18. Rejecting and accepting tenders

(5) The local government may decline to accept any tender.

19. Tenderers to be notified of outcome

The CEO is to give each tenderer notice in writing containing particulars of the successful tender or advising that no tender was accepted.

POLICY IMPLICATIONS

Purchasing Policy

FINANCIAL IMPLICATIONS

Officers are recommending that Council decline the tender submission received. There are no financial implications associated with the officer recommendation.

RISK

The proposed Contract term for the Supply and Delivery of Pindan Material was for an initial term of three years plus two one-year extension options. This is a long-term Contract and its important the Contract rates represent value for money given any financial implication is immediate and ongoing.

This risk is mitigated by undertaking a ‘value for money’ evaluation process for tenders.

STRATEGIC ASPIRATIONS

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

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.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Note the recommendation in the Evaluation Report for RFT 22/04 Supply and Delivery of Pindan Material in Attachment 1;

2. Decline to accept any tender for RFT 22/04 Supply and Delivery of Pindan Material;

3. Request the Chief Executive Officer write to the Tenderer advising that no tender was accepted.

Attachments

Confidential Evaluation Report - RFT 22/04 (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 30 June 2022 Page 0 of 1

9.3 Prosperity

9.3.1 KIMBERLEY ECONOMIC FORUM - FUNDING REQUEST BCCI

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIS13

AUTHOR: Economic Development Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Broome Chamber of Commerce and Industry (BCCI) is requesting Naming Rights sponsorship of $25,000 from the Shire of Broome for the upcoming Kimberley Economic Forum to be held 9 to 11 November 2022 at the Broome Civic Centre. Alternative sponsorships include Gold ($15,000), Silver ($10,000) Bronze ($5,000) and purchasing individual tickets ($550).

Officers are recommending Naming Rights sponsorship at a cost of $25,000.

BACKGROUND

The Broome Chamber of Commerce and Industry (BCCI) is running the 2022 Kimberley Economic Forum (KEF) on 9 to 11 November 2022. This year’s theme is “Kimberley Rising”.

KEF is a partnership between the East Kimberley, Broome and Derby Chambers of Commerce and Industry. The 2021 event was hosted in Kununurra, the 2022 Forum will be hosted by BCCI in Broome, and Derby in 2023. It is anticipated it will be held again in Broome in 2025. KEF is an opportunity to discuss and promote the region and industries such as agriculture, mining, aquaculture, tourism and logistics. The event includes two days of keynote and high-profile speakers and will be an opportunity for attendees to network with trade organisations, government agencies, businesses, industry and media. The Shire President will be a speaker at the event regardless of Shire financial support.

The application is through Ad Hoc funding under the 2022-23 Events Development Fund.

KEF is considered to be a drawcard event, as most attendees outside Broome will travel to Broome for the primary intention of attending the event. BCCI is planning for 200 attendees to be at the event, half of which are travelling to attend. Attendees will include representatives from industry, trade, finance, and the public and private sector.

Other funding considerations are:

- BCCI received funding for Bronze sponsorship ($5,000) for the Commercial Growth and Investment Forum held on 23 June 2022 at the Broome Civic Centre.

- Council will soon be considering a 3-year funding agreement with BCCI.

Shire’s contribution as a Naming Rights sponsor includes:

- Naming rights for the event, hosting a session and leading a tour;

- Speaking rights, full page advertisements, banners displayed and other acknowledgements;

- 8 individual tickets to all events ($550 each)

Officers did not put forward a recommendation to fund this event when EDF was considered at the 28 April OMC because at that time the 3-year Agreement for funding was still under development. It was anticipated that the two funding requests needed to be considered in conjunction. Council considered both at a workshop on 14 June 2022. Councillors in attendance were Cr Philip Matsumoto, Cr Chris Mitchell, Cr Peter Taylor, Cr Harold Tracey and Cr Nik Wevers. The 3-year funding agreement will be before Council for consideration at the 28 July 2022 OMC.

COMMENT

Economic development initiatives are important to the community, as it scored as the third highest priority in the June 2020 Community Scorecard. The event meets economic priorities as it increases local awareness for major project and capital works opportunities.

Shire officers believe KEF has merit, and that the Shire provide $25,000 to support the event as a naming rights sponsor. With this sponsorship support, the KEF will be held at the Civic Centre. BCCI has provided estimates showing that the Civic Centre venue rental will be an estimated $15,000 for the 2.5-day event (including all extra expenses), therefore much of the sponsorship will be spent on Shire owned facilities.

Naming rights sponsorship has been recommended rather than Gold sponsorship partly due to the commitment of BCCI to move the event to Shire facilities and also having increased seating capacity. Naming rights sponsorship also allows BCCI to raise the calibre of the event by inviting higher profile speakers and attendees to Broome.

Naming rights also gives the Shire the opportunity to further influence the design and delivery of the Conference to highlight Shire projects. The Shire would lead a tour of Broome, possibly including a showcase of the completed Town Beach redevelopment and the proposed Sanctuary Road Caravan park, Key Worker and over 55’s Village and Cable Beach Foreshore redevelopment.

Economic impact of Conference

BCCI’s 2022 Women’s Leadership Forum had 140 attendees and the 2022 Broome Investment Forum had 95. BCCI estimates that 200 people will attend KEF. Tourism WA provides an estimate that business travellers spend $242 per day. With an estimated 100 travellers coming to Broome for KEF this has a (conservative) economic impact of $155,893 (EconomyID). This does not include extras such as flights, gifts/purchases or tourism activities. The direct economic impact of 100 local attendees at the conference is $63,226, making a total of $219,119.

The economic impact of the conference can be measured by number of attendees and their estimated spend, as above. But as well as that direct spend, the intent of the conference is to support the growth and development of the Broome and Kimberley economy. As well as showcasing what Broome and surrounds have to offer in a positive light, BCCI is planning on having frank discussions around some of the issues and challenges business and industry face. These include keynote speakers on overcoming constraints in innovation and education, and panel discussions on policing, crime, family dysfunction and attracting and retaining staff. There will also be a session for considering solutions to these Kimberley challenges.

The event meets the EDF guidelines as BCCI has demonstrated the organisational capacity to deliver the event and the budget expense items are eligible. BCCI are seeking sponsorship from Rio Tinto, INPEX, Shell, Kimberley Marine Support Base, DevelopmentWA and others.

KEF is being held in November, and as per the EDF Guidelines events that occur after late September and early May will be considered more favourably as they help extend the events calendar. KEF is a ticketed event, with individual events costing $30 - $150 and delegate registration costing $550-$600 per person. Under the EDF guidelines ticketed events can not be considered for funding more than $40,000 as they are not defined as community events.

Acquittal of the funding will be confirmed by submission of evidence as per the funding guidelines.

CONSULTATION

Generally, EDF applications are approved for funding after a period of public advertising where applications are accepted from community groups and event organisers until a set date (February 27, 2022). All applications are then presented to Council and funding is allocated – funding for 2022/2023 was allocated at the 31 March OMC. $72,465 of EDF funding for 2022/2023 was not allocated when Council determined EDF applications.

In this case, the application from BCCI was received before the deadline for EDF and was assessed alongside the other applications at that time. However, a recommendation was postponed until the requested 3-year agreement for funding was assessed by officers.

STATUTORY ENVIRONMENT

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 Events Development Fund is allocated $265,000 in the proposed 2022/23 budget. If the BCCI request for sponsorship is approved, the $25,000 will be allocated from the $72,465 available in the EDF program for 2022/2023. After the BCCI pays for the civic centre fees, approximately $15,000 will be returned as income to the Civic Centre.

The 2022/23 EDF successful applications were:

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

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

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

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

5. Kimberley Arts Network – $11,035

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

7. Saltwater Country Ltd - $20,000 (per year, 3 years)

8. Shinju Matsuri Inc – $110,000

9. Touch Football Australia Ltd – $6,500

Total: $192,535

If KEF Naming Rights sponsorship is endorsed by Council the variance of $47,465 may be kept in the budget and considered for ad-hoc applications received later in the 2022-23 financial year.

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

RISK

The BCCI sponsorship agreement will be a standard sponsorship contract and $25,000 would be paid in full once the municipal budget for 22/23 has been approved. There is some risk to this approach if the event is cancelled or postponed. Officers consider that risk to be low, however if that were to occur the contract will include a clause where the Shire will be fully repaid.

To ensure Shire return on investment the acquittal process will be used and key performance indicators such as event attendee numbers are collected.

Option

Risk

Type

Rank

Mitigation

Community dissatisfaction with allocation direct to BCCI

Perception the Shire is not maximising opportunity to support organisations providing social and economic benefits.

Reputational

Low

The allocation will be a sponsorship.

The allocations are at the discretion of Council.

STRATEGIC ASPIRATIONS

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. Endorse the Shire of Broome being the naming rights sponsor of the Broome Chamber and Commerce and Industry, 2022 Kimberley Economic Forum; and

2. List for inclusion in the 2022/23 Municipal Budget an allocation of $25,000 from the Events Development Fund Program subject to Broome Civic Centre being used for the event.

Attachments

Nil

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

9.3.2 REVIEW OF TRADING IN PUBLIC PLACES POLICY

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: HEA001

AUTHOR: Coordinator Environmental Health and Event Approval

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 2016. A review of the policy has been undertaken and a draft policy has been advertised for public consultation. The feedback and recommended changes are summarised in this report. The updated draft Policy is shown in Attachment 1.

BACKGROUND

Previous Considerations

OMC 14 December 2017 Item 9.3.2

OMC 31 May 2018 Item 9.3.1

OMC 28 April 2022 Item 9.2.5

At the 31 May 2018 Ordinary Council Meeting (OMC), Council adopted a revised Trading in Public Places Policy, which included the provision of five new 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 and Shire officers responded to a high number of trading enquiries in the 2021-2022 financial year. Shire officer assessment of applications is based primarily on compliance with the Policy and suitability of the activity and location in terms of safety. Shire officers have often been either been unable or unwilling to approve trading licences where they occur outside trading nodes due to concern that the proposed location may not be considered desirable by Council. This can deter applicants or cause a delay in the handling of applications and requests.

The Policy was recently reviewed and the main proposed amendments are to establish a larger number of Council endorsed trading nodes within which mobile traders can be approved by delegated officers. The amendments will provide better guidance to traders on desirable trading locations and facilitate better customer services outcomes. The draft policy will also encourage the use of parks and reserves for appropriate trading activities as a means of enhancing community activity and recreation. 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. Additional provisions to streamline the application process and regulate trading activities have also been proposed.

The draft revised policy was presented at the 28 April 2022 OMC and the following resolution was made:

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.

Cr Taylor moved the following motion.

COUNCIL RESOLUTION: Minute No. C/0422/009

Moved: Cr P Taylor Seconded: Cr N Wevers

That Council defer consideration of this item to May/June and review the consultation process with impacted businesses during the review.

CARRIED UNANIMOUSLY 7/0

Reason: Council sought additional consideration regarding the item and to review the consultation process.

The draft Policy was advertised for consultation and 11 submissions were received. Details of these submissions are shown in Attachment 2.

COMMENT

The proposed amendments to the Policy that were advertised for public consultation 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 mobile 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 current 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, equipment hire businesses and picnic businesses or the like. There is no maximum number of traders at any one time proposed. The locations proposed within this node are considered temporary and subject to change when the Cable Beach Foreshore Development is underway and/or completed. 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 to prevent the potential for noise nuisance in the residential area.

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 specifically limit a maximum number of traders at any one time. Traders are likely to be predominately mobile food vehicles and picnic businesses or the like. 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 to be located adjacent to the skate park, pump track, Glenn and Pat Medlend Pavillion and the undercover outdoor courts. Traders in this location are likely to be mobile food vehicles only. 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 to prevent the potential for noise nuisance in the residential area.

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.

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. This location has been restricted to not be available during school hours, unless permission has been granted by Broome Senior High School. 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 to prevent the potential for noise nuisance in the residential area. 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 to prevent the potential for noise nuisance in the residential area. No permanent businesses are within 300m.

k) Turf Club Carpark

This node would apply to the carpark located at Lot 1848, Kavite Road, Minyirr. It’s likely this node will be used by mobile food vehicles only. 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. 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, unless permission has been granted by the Broome 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 to prevent the potential for noise nuisance in the residential area. No permanent businesses are likely to be affected in accordance with the Policy.

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 business.

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 are very low impact and contribute to public education and enjoyment of the parks and reserves. It is also acknowledged that they generally 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. The current application process may be considered onerous by applicants and the revised policy will allow the fast tracking of applications for trading licences in the nodes because the locations have already been preapproved as being suitable and desirable. This will not prevent public trading occurring in other locations that are consistent with the Policy, however locations outside of trading nodes will be required to be approved by Council.

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 by officers 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 may be approved by application to 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 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 assist officers to categorise traders by location, activity, and customer base to guide the annual fees.

CONSULTATION

The proposed policy was advertised for public comment to existing traders and competing businesses operating within 300m of the proposed trading zones. Six submissions were received from current traders and five submissions were received from local permanent businesses and community groups. The submissions are summarised in Attachment 2.

The proposed changes to the draft policy as a result of the submissions are as follows:

Historical Permit Holders

There are three current traders who have operated for several years from the same location who will fall outside the proposed policy provisions and whose permits are due to expire on 31 July 2022. It is recommended that renewals for these permit holders be able approved by the Chief Executive Officer during the two year trial period, subject to submission of a satisfactory renewal application and no change in ownership. These traders are the Pilbara Fish Truck operating on Old Broome Road, the Bakwan Van operating from the carpark of Wing’s Restaurant, and RAWSOM operating from the Cemetery carpark.

Trading Adjacent to Broome Surf Life Saving Club

The trading location adjacent to the Surf Club will be conditioned that permit holders must liaise with the Broome Surf Life Saving Club in regards to access. Access to the trading location is through the surf club lease area and lack of notification may interfere with surf club activities and public safety, particularly on weekends.

Table and Seating Arrangements

Concern was raised in relation to mobile food vehicles having excessive table and seating arrangements which prevent the public using the space and compete with cafes and restaurants. The following condition is proposed: ‘Mobile food vendors must be takeaway only. Table and seating arrangements are not permitted at the trading site’.

Tourism Accreditation

The current policy has an advice note that recommends camel operators hold current tourism accreditation to support a high standard of practice within the camel industry in Broome. It was suggested that traders on Cable Beach also be recommended to hold an accreditation. The following advice note is proposed: ‘It is recommended that traders hold current tourism accreditation to support a high standard of trading on Cable Beach’.

Impact on Other Traders

Concern was raised from current traders that the Policy states that a trading licence may be issued where ‘The trading activity will not have an unreasonable impact on safety, other traders, traffic flow, pedestrians or the public’s use of a public place’. This can be interpreted as a trader cannot have a financial impact on other traders. Safety is the intention of this clause rather than financial impact. It is proposed that the statement be changed for better clarification to: ‘The trading activity will not have an unreasonable impact on safety, other users of the space, traffic flow, pedestrians or the public’s use of a public place’.

Trading Hours

After further consideration of the draft policy, the restriction on trading times has been removed for most locations to increase flexibility. Trading hour restrictions are still proposed for the residential parks where there is the potential for noise nuisance to nearby residents.

STATUTORY ENVIRONMENT

Shire of Broome Trading in Public Places Policy

Trading, Outdoor Dining and Street Entertainment Local Law 2006.

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 only, therefore any additional income received will be required to process the applications, administer the permits and maintain the public areas subject to the licence

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. 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. The inclusion of greater flexibility in the proposed Policy may potentially give rise to a greater risk of legal challenge by applicants and licence holders in the State Administrative Tribunal. However, the overall risk is considered to be Low given the Policy still provides Council with adequate oversight and control of trading activities.

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:

1. Adopts the amended Trading in Public Places Policy as shown in Attachment 1 for the purpose of a two year trial review period.

2. Requires the outcome of the two year trial period be presented to Council by June 2024 for consideration.

3. Authorises the Chief Executive Officer to approve renewal applications for existing permits for the Pilbara Fish Truck, Bakwan Van and RAWSOM throughout the trial period subject to submission of satisfactory renewal applications and no change in business ownership.

Attachments

Attachment 1 - Draft Trading in Public Places Policy

Attachment 2 - Schedule of Submissions (Confidential to Councillors and Directors Only)

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

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

9.4 Performance

9.4.1 COMMUNITY SAFETY PLAN (2021 - 2025) COUNCIL REPORT

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: CDE42

AUTHOR: Youth and Community Development Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report tables the deliverables within the 2021/22 reporting period of the Community Safety Plan (2021 – 2025) to provide Council with an update on progress of Community Safety Initiatives.

BACKGROUND

Previous Considerations

OMC 25 March 2021 Item 9.1.1

OMC 29 July 2021 Item 9.1.1

OMC 30 September 2021 Item 9.1.1

At the Ordinary Meeting of Council held on 25 March 2021, the Community Safety Plan (2021 – 2025) was endorsed as one of the informing strategies within the Community Development Framework.

The Community Safety Plan (2021 – 2025) provides the foundation for a safe and thriving community, and informs the actions undertaken by the Shire in partnership with agencies and the community to reduce the risk of crime and anti-social behaviour and improve community perceptions of safety.

The Community Safety Plan (2021-2025) is published on the Shire of Broome website –

https://www.broome.wa.gov.au/Community/Supporting-Communities/Community-Safety-Plan-2021-2025

The Community Safety Plan (2021-2025) feeds into the Shire’s Corporate Business Plan and Strategic Community Plan and demonstrates the Shire’s commitment to community safety by outlining how the Shire will deliver upon key priorities for its community.

The key priorities within the Community Safety Plan (2021-2025) are:

· Alcohol Consumption and Other Drugs

· Anti-social Behaviour

· Itinerancy and Rough Camping

· Youth Crime

· Burglary, Theft and Stealing

· Family and Domestic Violence

· Civic Leadership

COMMENT

During the lifespan of the Community Safety Plan (2021-2025) Shire officers will report biannually to Council, providing an update on the deliverables that address the key priorities. The table below outlines the key achievements for the 2021/22 Financial Year.

Initiative

Comment

Establishing a Community Safety Working Group

Three Community Safety Working Group meetings held between December 2021 – June 2022.

· A Community Safety Working Group (CSWG) Terms of Reference (TOR) document was developed and endorsed by Council at the Ordinary Meeting of Council held on 29 July 2021

· An expression of interest period was held over four weeks in August 2021 where community members and nominated stakeholders were provided an opportunity to apply to become members of the CSWG.

· At the Ordinary Meeting of Council held on 30 September 2021, 13 stakeholders and five community members were appointed as CSWG members.

· As per the TOR, meetings are scheduled on a quarterly basis and are held at the Shire Administration Building. Meetings have been held on the following dates:

- 15 December 2021

- 30 March 2022

- 29 June 2022

· During the CSWG meetings, Shire officers report on the deliverables within the Community Safety Plan (2021-2025), external correspondence in relation to Community Safety issues is shared, and stakeholders have an opportunity to present on relevant initiatives i.e. Operation Regional Shield and Kimberley Juvenile Justice Strategy.

Collaboration with WA Police

Joint patrols held with Shire Rangers and WA Police to address public drinking, littering and itineracy issues.

· The Shire of Broome is committed to playing a key role in keeping the community safe and we continue to work alongside the WA Police to collaboratively respond to increasing concerns of crime through the following community safety initiatives:

- Fortnightly meetings are in place to ensure ongoing communication between the Shire and WA Police to address key community safety priority areas.

- Joint patrols are held with WA Police and Shire Rangers to target public drinking, littering and itineracy issues. Shire rangers allocated 32 hours to joint patrols with WA Police between February – May 2022. Data continues to be recorded.

- The Shire frequently shares information provided by the WA Police via the Shire’s communication channels.

· Shire officers also assisted the WA Police Intelligence team by registering all public CCTV cameras on the Cam-Map WA system. Cam-Map WA is a comprehensive database of all voluntarily registered CCTV systems across Western Australia.

Advocating for additional WA Police resources

Operation Regional Shield has deployed additional Police Resources to Broome to target Youth Crime.

· Correspondence was sent to the WA Police Kimberley Superintendent in July 2021 advocating for additional police resources in Broome to address community safety and crime prevention in the district.

· Operation Clay provided 12 extra WA Police officers in Broome from September – November 2021.

· In February 2022, the Minister for Police Paul Papalia announced Operation Regional Shield as part of the State Government’s approach to crack down on Kimberley youth crime. Operation Regional Shield includes:

- Enhanced police response to suppress and disrupt juvenile offending.

- Specialist police operational assets deployed to the Kimberley.

- The operation also includes support from the Police Air Wing, Canine Section and State Intelligence Portfolio.

Security Incentive Scheme

$25,000 issued in rebates to improve home security for 109 Broome residents.

· The Security Incentive Scheme was launched in August 2021 after Shire officers advocated for an existing WA Police Crime Prevention Grant of $25,000 to be reallocated towards the scheme.

· The scheme provides rebates to help Broome residents improve the level of security within their home by installing security devices.

· Through the scheme applicants received rebates covering 50 per cent of the cost of purchasing the security product, with a maximum reimbursement of $275.

· CCTV has been the most popular security item purchased.

· Due to the popularity of the scheme, the WA Police Grants Department have provided an additional $4000 to be allocated within the 2022-23 financial year.

· Shire officers will continue to investigate additional grant opportunities and continue to promote the State Government Safety and Security Rebate for eligible WA Seniors.

Banned Drinkers Register and the Takeaway Alcohol Management System

Trial of Banned Drinkers Register and Takeaway Alcohol Management System has commenced in the Kimberley to address problem drinking and sly grogging.

· Following years of lobbying and collaboration with the Kimberley Regional Group (KRG), Minister for Racing and Gaming Reece Whitby was in Broome in July 2021 to launch the Banned Drinkers Register (BDR) and Takeaway Alcohol Management System (TAMS).

· The KRG and Shire of Broome allocated $220,000 and $55,000 respectively, leveraging $780,000 from the State Government for the implementation of the BDR and TAMS.

· The Department of Local Government, Sport and Cultural Industries have advised that the BDR trial in the Pilbara and Kimberley regions is being evaluated by the University of Western Australia. An interim report on the trial in the Kimberley will be completed by July 2022, which will include initial findings from the BDR’s first year of operation in the Kimberley, and initial recommendations for improvement.

· The Shire of Broome provides administration support to the Broome Liquor Accord where BDR/ TAMS processes are reviewed.

Financial support for the Kullarri Patrol Service

The Shire has supported the Kullarri Patrol Service with a renewed financial agreement of $20,000 per annum.

· The Shire of Broome has renewed its financial support of Mamabulanjin Aboriginal Corporation’s (MAC) Kullarri Patrol, with a new $20,000 per annum three-year funding agreement.

· Shire officers developed a renewed memorandum of understanding that outlines the objectives and reporting timeline for the agreement, which will end on June 30, 2024.

· The Kullarri Patrol program has primarily focused on the provision of the safe transportation for intoxicated people, including transport home or to a designated safe place.

Increased CCTV and Lighting

Shire is currently managing 78 CCTV cameras, there will be an additional 33 installed with Chinatown Stage 2 scheduled for completion at the end of July.

· The Shire has installed additional street lighting along Frederick Street, between the Cable Beach Road East roundabout to Herbert Street. This has improved surveillance assisting in targeting anti-social related behaviour in the area.

· The Shire has been liaising with Horizon Power regarding the ‘Bright Lights’ project to convert the Shire network to smart LEDs in the Old Broome precinct.

· A new screen has been installed in the Shire Rangers’ work area to provide live CCTV coverage. WA Police are provided with access as required.

· The Chinatown Revitalisation Project (Stage two) has included works to improve and enhance street lighting in the precinct, in addition to extending the CCTV network with 33 new cameras. Once works are completed the Shire will manage a total of 111 CCTV cameras.

Kimberley Regional Group meetings

Kimberley Regional Group met with State Ministers to discuss community safety issues in Broome.

· The Kimberley Regional Group is an alliance of the four Shires of the Kimberley, being the Shire of Broome, the Shire of Derby West Kimberley, the Shire of Halls Creek and the Shire of Wyndham East Kimberley.

· The KRG met with several State Ministers in January and February 2022 on a range of issues including:

- Implementation of the Banned Drinkers Register.

- The long-term housing crisis.

- Poor school attendance.

- Anti-social behaviour, domestic violence and child neglect.

Advocating for the delivery of ongoing strategies by the State Government to reduce family and domestic violence

$60M State Funding announced to address Family and Domestic Violence in the Kimberley.

· The Kimberley Regional Group (KRG) successfully championed the State Government to address domestic violence with the Kimberley Family Violence Service receiving $1.326M in the 2021/22 State Budget.

· The KRG sent correspondence to Minister McGurk in February 2022 requesting a meeting to discuss deteriorating outcomes for some youth and families in the Kimberley with rising domestic violence, child neglect and antisocial behaviour.

· On the 5 May 2022, The State Government announced that $4.5M will be allocated to help address family and domestic violence in the Kimberley. The following programs aimed at tackling family violence in the Kimberley, will be extended for a further four years:

- The Derby Family Violence Service

- The Change Em Ways Kimberley Project, an Aboriginal men's behaviour change program run by Men's Outreach Service Aboriginal Corporation

· On the 14 June 2022, The State Government announced that Broome is set to receive Western Australia's fourth One Stop Hub (Hub) for family and domestic violence. The new Hub will provide victims of family and domestic violence with a range of supports and wraparound service assistance in a single location and is part of a $60M package of election commitments providing a comprehensive response to family and domestic violence.

Community Safety Awareness Campaign

The Community Awareness Campaign promotes safety and crime prevention through monthly messaging via the Shire’s Facebook Page.

· The Community Awareness Campaign promotes safety and crime prevention through monthly messaging via the Shire’s Facebook Page.

· The campaigns & themes that have been promoted include:

- National Firearms Amnesty: Returning unlicensed firearms

- Cam-Map WA: Registering CCTV devices

- Banned Drinkers Register

- Bikelinc: Reducing bike theft

- CarSafe: Reducing car theft

- Property Marking

- State Government Security Scheme for eligible seniors

- Reporting to Crime Stoppers

Community Sponsorship Program – Funding for Diversionary Programs

The Shire supports youth diversionary programs through the Community Sponsorship Program.

· The Ad Hoc Community Sponsorship Program has been developed to provide funds quickly to support smaller projects and initiatives.

· Through the Ad Hoc Sponsorship program, the Shire provided venue hire funding to the Broome Clontarf Academy. The Clontarf Foundation exists to improve the discipline, life skills and self-esteem of young Aboriginal men and equip them to participate more meaningfully in society.

· Community Sponsorship was also provided towards the Broome Youth and Families Hub Community Christmas Party. The event is open to the whole community, however, attracts a large number of financially disadvantaged families.

Advocating to State Ministers and State Government Departments on issues relating to youth crime

State Funding package announced to help break the cycle of youth offending in the Kimberley, including funding for an on-country facility and youth patrols.

· The Shire continues to advocate at Ministerial level for the finalisation and delivery of the Kimberley Juvenile Justice Strategy (KJJS).

· Correspondence was sent to Minister for Prevention of Family and Domestic Violence Simone McGurk in March 2020, requesting the State Government provides support to progress the development of crisis accommodation options in Broome for at-risk youth as a priority.

· A Forum was held in Broome in February 2021 by the Department of Justice to workshop priority initiatives for the KJJS.

· The Shire president and CEO met with several State Ministers in January and February 2022 to discuss a range of issues relating to youth crime, including:

- Kimberley Juvenile Justice Strategy

- Youth Diversionary Programs

- Poor school attendance

- Child neglect

· On the 3rd of May 2022, the State Government announced a package to help break the cycle of youth offending in the Kimberley including:

- $15M towards an on-country residential facility to provide an alternative to detention, as well as $500,000 to plan and develop other safe place proposals

- $4.3M to expand the McGowan Government's successful Target 120 program in the Kimberley

- $11.7M to extend the Kimberley Schools Project to keep young people engaged with the education system

- $2.5M for Operation Regional Shield, enabling police to deploy additional resources to parts of regional WA as required

- Package also includes boost to youth night patrols, intensive support for vulnerable families, and grants for local projects to engage youth and improve community safety

Youth Crime

The Shire secures funding to build a new Skate Park and develop a Youth Late Night Sports Program.

· $1M of funding to build a new Broome Skate Park was sourced through State Government, with the $1.5M project announced in August 2021. Construction of the new facility has commenced with an expected completion date in July 2022.

· The Shire is a successful recipient of the State Government's Criminal Property Confiscation Grants Program receiving $113,064 to develop a Late-Night Sports Program – A Sporting Chance.

· A Sporting Chance will be a youth diversionary program delivered at the Broome Recreation and Aquatic Centre (BRAC). The program will address the issue of weekend night time youth offending by offering a safe environment for young people to engage in popular sports whilst diverting them from offending and at-risk behaviours. Shire officers have applied for additional grants to support the delivery of this program.

· The Shire continues to collaborate with WA Police, and Departments of Communities, Justice and Education to ensure gaps in school holiday programming for at-risk youth are identified and facilities sourced if required.

· The Shire is a member of the Kimberley Juvenile Justice Strategy Collaborative Project Design Working Group (Department of Justice). The purpose of the KJJS-Collab Working Group is to design and develop broad options for safe place and on-country alternative to detention facilities for young people in Broome.

· School Holiday Calendars are developed collaboratively with youth service providers to promote youth programs and events.

· The Shire delivers school holiday events that activate the precincts of Broome.

· The opening of the Town Beach Jetty in November 2021 has strengthened neighbourhood pride and youth activities.

A full report including quarterly update is attached for Council’s information. Council is requested to note the progress update on the deliverables within the 2021/22 reporting period of the Community Safety Plan (2021 – 2025).

CONSULTATION

Shire officers implemented a range of broad and focussed engagement activities to advertise the public comment period and seek feedback on the Community Safety Plan (2021-2025). These included:

· Documents made available electronically on the Shire of Broome website.

· Hard copies of the plans were on display at the Shire administration building and the Broome Public Library.

· Shire News and E-Newsletter advertisements.

· Social media posts distributed via the Shire Facebook and Twitter pages.

· Radio announcements via Triple M Broome.

· Two community engagement stalls.

· Targeted emails.

As part of ongoing engagement on the deliverables within the Community Safety Plan (2021-2025), Shire officers provide a progress report to members of the Community Safety Working Group on a quarterly basis.

STATUTORY ENVIRONMENT

Nil.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The Community Safety Plan (2021-2025) was compiled under the assumption that the Shire’s resources from a resourcing and budgetary perspective will remain the same as they were when the plan was endorsed for the five-year duration of the plan.

Additional actions or projects adopted by the Shire may impact the full delivery of the plan.

RISK

Nil.

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:

1.1 - Lobby for the State Government to review the effectiveness of community safety service provision in Broome and the Kimberley region to improve social outcomes.

1.2 - Modify the physical environment to improve community safety.

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

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:

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

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:

9.2 Activate the precincts of Broome.

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

Outcome Twelve – A well informed and engaged community:

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council notes the progress update on the deliverables within the 2021/22 reporting period of the Community Safety Plan (2021-2025).

Attachments

1.	Community Safety Plan (2021-2025) Reporting Spreadsheet

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

9.4.2 YOUTH PLAN (2021 - 2025) COUNCIL PROGRESS REPORT

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: COS15

AUTHOR: Youth and Community Development Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report tables the deliverables within the 2021/22 reporting period of the Youth Plan (2021 – 2025) to provide Council with an update on youth initiatives delivered by the Shire of Broome or in partnership with key stakeholders.

BACKGROUND

Previous Considerations

OMC 25 March 2021 Item 9.1.1

At the Ordinary Meeting of Council held on 25 March 2021, the Youth Plan (2021 – 2025) was endorsed as one of the informing strategies within the Community Development Framework.

The Youth Plan (2021-2025) is published on the Shire of Broome website –

https://www.broome.wa.gov.au/Community/Community-Services/Youth/Youth-Plan-2021-2025

The Shire of Broome Youth Plan (2021 – 2025) guides the development and implementation of youth programs and services, and feeds into the Corporate Business Plan and Strategic Community Plan to demonstrate the Shire’s commitment to deliver upon key priorities for its community.

The key priorities within the Youth Plan (2021-2025) are:

· Youth Services Coordination

· Youth Facilities and Services

· Youth Diversionary Programs

· Youth Leadership Opportunities

COMMENT

The Shire’s role in implementing the Youth Plan (2021-2025) ensures appropriate facilities and services are provided to meet the needs of youth in the Broome. It is also the responsibility of the Shire to advocate for, and in some instances partner with, stakeholders to ensure core objectives of the plan are achieved.

During the lifespan of the Youth Plan (2021-2025) Shire officers will report biannually to Council, providing an update on the deliverables that address the key priorities.

The table below outlines the key achievements over the 2021/22 Financial Year.

Initiative

Comment

Increasing youth participation in sport

· The State Government’s KidSport program is regularly promoted by the Shire. Through KidSport eligible families can apply for up to $150 towards sports club fees.

· KidSport vouchers are accepted at the Broome Recreation and Aquatic Centre (BRAC) and can be used towards membership fees and enrolments for swimming lessons.

· Each school term the Shire promotes different local sports in the Broome Advertiser. This full-page advertisement gives clubs an opportunity to promote junior sports programs.

Facilitating youth programs and activities at the Broome Recreation and Aquatic Centre

· The Shire is a successful recipient of the State Government's Criminal Property Confiscation Grants Program receiving $113,064 to develop a Late-Night Sports Program – A Sporting Chance.

· The BRAC hosts three major events annually: The Beach 2 Bay Virtual Swim, Dash & Splash Series and the BRAC 2 Beach Fun Run.

· The Dash & Splash events were held on March 4 2022, April 8 2022 and June 17 2022 with a focus on promoting youth participation.

· The Beach 2 Bay Virtual Swim was held on 3 April 2022 with one youth participant completing 10km solo and a youth team of four competing.

· School Holiday Programs delivered at BRAC are always well attended and include popular activities such as laser tag, movie day, circus and bowling.

· Youth sports programs that run from the BRAC include

AFL Football, Soccer, Rugby, Athletics, Tennis, Cricket, Basketball, Netball, Squash, Floorball and Swimming (Barracudas).

· Other youth programs held at the BRAC include the Talent Development Program, and the Sand-fly Circus.

Improved youth facilities at the Broome Recreation and Aquatic Centre

· Flood lighting installed at the Youth Pump track to enable longer hours of access (5:30pm – 9:30pm daily)

· Lighting at Nipper Roe Oval has recently been completed, allowing for more youth sport in the evenings if organised by sports clubs/associations.

· Construction underway for the $1.5M Skate Park Facility which will be based on the existing skatepark site at the entry to Broome Recreation and Aquatic Centre. The Shire has engaged award-winning contractors Convic to lead the project with expected completion in July 2022.

· The Shire of Broome's BRAC 1 Youth Bike Precinct Masterplan was developed to provide a natural bush recreation area in an urban setting. Stage 1b of the precinct is progressing and incorporates mountain bike tracks and trails around the perimeter.

Advocating for the provision of essential health services for young people

· The Shire promotes health services and programs in Broome, including Headspace.

· Shire officers met with the program coordinator of Headspace in May 2022 to discuss their Healthy Hoops and System Restore Program.

Advocating on youth justice issues

· The Shire continues to advocate at Ministerial level for the finalisation and delivery of the Kimberley Juvenile Justice Strategy.

· The Shire president and CEO met with several State Ministers in January and February 2022 to discuss a range of issues relating to youth crime, including:

- Kimberley Juvenile Justice Strategy

- Youth Diversionary Programs

- Poor school attendance

- Child neglect

· The Shire has joined the Kimberley Juvenile Justice Strategy Collaborative Project Design Working Group which is a partnership of multiple government agencies established to design and develop options, for consideration as part of the 2023/24 State Budget process.

· Lobbying efforts to address Juvenile Justice issues were recognised through the following response within the State budget:

- $15M towards an on-country residential facility to provide an alternative to detention, as well as $500,000 to plan and develop other safe place proposals

- $4.3M to expand the McGowan Government's successful Target 120 program in the Kimberley

- $11.7M to extend the Kimberley Schools Project to keep young people engaged with the education system

- $2.5M for Operation Regional Shield, enabling police to deploy additional resources to parts of regional WA as required

- Package also includes boost to youth night patrols, intensive support for vulnerable families, and grants for local projects to engage youth and improve community safety

Facilitating opportunities for young people to provide input into Shire projects

· The Shire’s Youth Advisory Council are a group of high school students who meet on a fortnightly basis to plan and develop youth projects and events.

· The Youth Advisory Council are regularly consulted with on Shire projects to ensure the voices of young people are heard in the community.

· During the reporting period the Youth Advisory Council provided input into the Cable Beach Foreshore Redevelopment plans, the Community Scorecard and met with the consultants for the Arts and Culture Strategy.

Partnering with key stakeholders to promote programs delivering youth diversionary outcomes

· The Shire supports youth service providers by identifying funding opportunities for new and existing youth programs and initiatives.

· The Shire supported Broome PCYC with their grant application to purchase roller skates for their Friday night youth diversionary program.

· The Shire regularly promotes youth programs, funding grants and training opportunities, through the Broome Youth Coordinators Network.

Facilitating opportunities for youth traineeships and work experience

· The Shire attended the Broome Chamber of Commerce Business Youth Jobs Exchange in September 2021 to promote employment opportunities and encourage engagement between local youth and the Shire.

· Two members of the Youth Advisory Council will commence work experience at the Shire in June 2022.

· The Shire is supportive of youth traineeships and has facilitated the following placements during the reporting period:

- Civil Maintenance Traineeship

- Information Technology Department Traineeship

- Infrastructure Department Traineeship

Delivery of a Youth Forum

· The Shire delivered a Youth Forum at the Notre Dame University on 7 April 2022, called the Broome Youth HACK.

· Students from Broome Senior High School and St Marys College attended the Youth Forum.

· The Youth Forum:

- Established connections and promoted team work between students from different high schools as they worked together on their solutions.

- Provided an opportunity for young people to have a say on issues that affect them and communicate their solutions to their peers and community representatives.

- Fostered innovation and creativity amongst young people.

- Celebrated positive achievements of local people in Broome.

Youth programs at the Broome Public Library

· Young people are set for an education boost in the near future, with the Shire of Broome receiving two new grants to facilitate additional programs at the Broome Public Library. These include:

- Funding for an event to be held during National Science Week event.

- Purchase of new laptops for the Broome Scratchers Coding and Robotics Club, for their sessions held at the library every Thursday.

Council is requested to note the aforementioned progress update on the deliverables within the 2021/22 reporting period of the Youth Plan (2021 – 2025.

CONSULTATION

Shire officers implemented a range of broad and focussed engagement activities to advertise the public comment period and seek feedback on the Youth Plan (2021-2025).

This included:

· Documents made available electronically on the Shire of Broome website.

· Hard copies of the plans were on display at the Shire administration building and the Broome Public Library.

· Shire News and E-Newsletter advertisements.

· Social media posts distributed via the Shire Facebook page.

· Radio announcements via Triple M Broome.

· Two community engagement stalls.

· Targeted emails.

As part of ongoing engagement on the deliverables within the Youth Plan (2021-2025), Shire officers will provide biannual reports to Shire Council and the Youth Advisory Council.

STATUTORY ENVIRONMENT

Nil.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The Youth Plan (2021-2025) was compiled under the assumption that the Shire’s resources from a resourcing and budgetary perspective will remain the same as they were when the plan was endorsed for the five-year duration of the plan.

Additional actions or projects adopted by the Shire may impact the full delivery of the plan.

RISK

Nil.

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 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.

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council notes the progress update on the deliverables within the 2021/22 reporting period of the Youth Plan (2021 – 2025).

Attachments

There are no attachments for this report.

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

9.4.3 PURCHASING POLICY REVIEW

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 an amended Purchasing Policy following the completion of the scheduled policy review. The review has considered updates to the WALGA Purchasing Policy template since the last review and also feedback from recent audits conducted by the Office of the Auditor General (OAG).

BACKGROUND

Previous Considerations

OMC 28 May 2020 Item 9.4.2

Since February 2007, Local Governments have been required to have a purchasing policy in accordance with Regulation 11A of the Local Government (Functions and General) Regulations 1996.

COMMENT

The Purchasing Policy is reviewed regularly to ensure compliance with legislative changes and to confirm procurement requirements remain contemporary and appropriate.

The legislated increase in tender threshold from $150,000 to $250,000 was incorporated in the last review in May 2020, as were operational quoting changes designed to improve the efficiency of processing low value transactions less than $5,000.

This review is largely cosmetic in nature, with WALGA continuing to periodically improve the language/format of the Purchasing Policy template without changing the overall intent. A summary of the proposed improvements is provided below.

Clause	Title	Comments
1.4.1	Defining the Purchasing Value	New clause with an emphasis on establishing supply contracts where practical to do so for ongoing supply activities. This aligns with the focus of the Procurement area in identifying and establishing contracts and supply panel arrangements.
1.4.2 (1)	Supplier Order of Priority	New clause which defines the Shire’s Supplier Order of Priority which provides additional clarity to all Shire employees involved in procurement activities.
1.4.2 (2)	Purchasing Practice Purchasing Value Thresholds	For purchases up to $50,000 if purchasing from a WALGA PSA, CUA or other tender exempt arrangement, a minimum of one (1) written quotation is to be obtained. This will provide further efficiency to lower value procurements.
2.2	Socially Sustainable Procurement	Reference to Aboriginal Business Directory has been reincluded as the Chamber of Commerce and Industry of Western Australia has taken over the management of this database.

Council Review Frequency

In line with the Council’s adopted Policy Framework it is recommended that the Council frequency of reviewing the Purchasing Policy is extended from two years to three years.

The Purchasing Policy will still be subject to an annual desktop review to ensure compliance will all current legislation and can be brought back to Council for approval at any time should any significant changes occur.

CONSULTATION

WALGA Purchasing Policy Template

STATUTORY ENVIRONMENT

Local Government Act 1995

2.7. Role of council

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

Local Government (Functions and General) Regulations 1996

11A. Purchasing policies for local governments

(1) A local government is to prepare or adopt, and is to implement, a purchasing policy in relation to contracts for other persons to supply goods or services where the consideration under the contract is, or is expected to be, $250 000 or less or worth $250 000 or less.

(2) A purchasing policy is to make provision for and in respect of the policy to be followed by the local government for, and in respect of, entering into contracts referred to in subregulation (1).

(3) A purchasing policy must make provision in respect of —

(a) the form of quotations acceptable; and

(ba) the minimum number of oral quotations and written quotations that must be obtained; and

(b) the recording and retention of written information, or documents, in respect of — (i) all quotations received; and

(ii) all purchases made.

POLICY IMPLICATIONS

As detailed in the body of the report and the amended Purchasing Policy.

FINANCIAL IMPLICATIONS

Not applicable

RISK

Reputational and financial risk can result from the waste or misuse of public funds. Stringent procurement practices outlined in the Purchasing Policy assist to mitigate the risk of not meeting the community’s high expectation of accountability and value for money in this area.

The Purchasing Policy complements other procurement controls such as the Compliance Annual Return which has a heavy emphasis on compliance with the Tender Regulations, the annual external audit process, and the internal due diligence being completed on an ongoing basis by the Senior Procurement and Risk Officer.

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 amended Purchasing Policy as attached.

Attachments

1.	Amended Purchasing Policy June 2022
2.	Existing Purchasing Policy to be retired

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

9.4.4 Monthly Payment Listing May 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 May 2022.

BACKGROUND

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

COMMENT

The Shire provides payments to suppliers by either Electronic Funds Transfer (EFT & BPAY), cheque, credit card or direct debit. Attached is a list of all payments processed under delegated authority during May 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 May 2022.

For the month of May 2022:

· Local spend accounted for $1,443,520.44 (35%) of total payments

· Non-local payments were $822,771.09 (20%)

· Personnel payments totalled $1,243,179.68 (30%); and

· Utility payments totalled $645,206.51 (15%).

Chart, pie chart

Description automatically generated

The graph below shows the percentage of local spend in comparison to non-local and recoupable spend for May 2022 after $1,243,179.68 in personnel payments, $645,206.51 in utilities and other non-local sole suppliers were excluded.

Chart, pie chart

Description automatically generated

YEAR TO DATE CREDITOR PAYMENTS

The below table summarises the total payments made to creditors year to date:

A screenshot of a computer

Description automatically generated with low confidence

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:

13.2 Improve real and perceived value for money from rates

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Receives the list of payments made from the Municipal and Trust Accounts in May 2022 totalling in 4,154,677.72 (Attachment 1) per the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a) EFT Vouchers 65453 - 65783 totalling $3,915,540.97.

b) Municipal Cheque Vouchers 57736 - 57743 totalling 5,453.74.

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

d) Credit Card Payments and Municipal Direct Debits 30772.1 – 30898.9 totalling 233,683.01.

2. Notes the local spend of 1,443,520.44. included in the amount above, equating to 64%. of total payments excluding personnel, utility and other external sole supplier costs

Attachments

1.	Monthly Payment Listing May 2022

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

9.4.5 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - MAY 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 May 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 92%

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

Total Other Operating Revenue 82%

Total Operating Expenditure 83%

Total Capital Revenue 46%

Total Capital Expenditure 54%

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 May 2022 as attached.

Attachments

1.	Monthly Statement of Activity May 2022

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

10. Reports of Committees

10.1 Minutes and Recommendations from Kimberley Regional Group Meeting held on 19 April 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 19 April 2022.

BACKGROUND

A copy of the minutes from the Kimberley Zone of WALGA and the minutes of the Kimberley Regional Group (KRG) meeting held 19 April 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 – 19 April 2022

The Kimberley Zone considered the recommendations on Matters for Decision that were contained within the 5 May 2022 WALGA State Council agenda.

	Matters for Decision	WALGA Recommendation	Zone Comment & Zone Recommendation
5.1	Submission to Statutory Review of the Food Act 2008 (05-031-01- 0006 BW)	1. That the submission to the Department of Health relating to the Statutory Review of the Food Act 2008 be endorsed. 2. Overall, feedback from Local Governments is that the Act is an effective piece of legislation. The enforcement tools of improvement notices and infringements provisions have proved very successful. Some areas for improvement are highlighted in the submission and include emerging industries, access to appropriate expertise, temporary and mobile food businesses, registrations, company structures and powers under the Act.	SUPPORTED
5.2	Local Government Grant Scheme Funding (05-024-03- 0006 VJ)	That WALGA advocates to the Minister for Emergency Services and the Fire and Emergency Services Commissioner for: 1. An allocation of Local Government Grant Scheme (LGGS) funding to undertake an audit of existing facilities, appliances, vehicles, and major items of equipment for both Local Government Volunteer Bushfire Brigades (BFB) and State Emergency Services (SES). 2. Following the completion of the audit, an allocation of funding through the Local Government Grant Scheme (LGGS) to prepare a Comprehensive Asset Management Plan that: a) Aligns with the principles in the Department of Local Government, Sport and Cultural Industries' (DLGSC) Asset Management National Framework and Guidelines, and the Integrated Planning and Reporting Framework. b) Forecasts the emergency response needs of communities across Western Australia over the next 10 years, to estimate the quantum of the facilities, appliances, vehicles, and major items of equipment that will be needed. c) Outlines a 10 year forward plan of modifications, replacements and additions required. d) Investigates the extent to which future BFB facilities can be co-located with other emergency services facilities. 3. The establishment of a Working Group involving WALGA, the Department of Fire and Emergency Services (DFES) and LGIS to oversee the preparation of the Comprehensive Asset Management Plan. 4. Support for the Comprehensive Asset Management Plan to be reviewed every five years. 5. Support for an increase in Local Government Grant Scheme (LGGS) funding to support the unsuccessful capital grants funding applications by Local Governments to the 2020 21 LGGS Capital Grants Committee.	SUPPORTED In addition to the real funding app that has emerged in the cost of equipment, the implications under the new workplace laws should also be seen as a trigger for this funding review.
5.3	Draft Active Travel to School Roadmap (05- 001-03-0051 SDS)	1. Endorses the Draft Active Travel to School Roadmap, subject to amending Urban Environment Initiative No 1 to “Consult local governments to identify sub-regional school transport challenges and amend existing planning guidelines and develop new guidelines where gaps exist”; and 2. Works with the Department of Transport o finalise the Roadmap and encourage Local Government participation in the initiatives identified where these offer solutions to the local issues encountered in each area.	SUPPORTED Note: this is a Perth based item

Matters for Noting:

6.1 Draft National Plan to End Violence Against Women and Children (05 086-03-0004 VB)

6.2 Feedback on Community Disaster Relief Strategy Discussion Paper (05-024-02-0067 VJ)

6.3 2021 CoastWA Local Government Survey (06-085-01-0002 LS)

6.4 Update on draft WA Public Libraries Strategy 2022-2026 (05-012-03-0001 SM)

6.5 Local Emergency Management Arrangements (LEMA) Review Project (05-024-03-0040 SR)

6.6 Comment on Draft Health Promotion Strategic Framework 2022-2026 (05-031-03-0005 BW)

6.7 Wooroloo Bushfire Independent Review Final Report (05-024-03-0011 CM)

6.8 2022-23 Federal Budget Update (05-088-03-0002 DT)

6.9 Local Government Emergency Management Survey Results (05-024-03-0042 CM)

Organisational Reports:

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

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

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

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

7.2 Policy Forum Report (01-006-03-0007)

7.3 Policy Team Reports

7.3.1 Environment and Waste Policy Team Report

7.3.2 Governance and Organisational Services Policy Team Report

7.3.3 Infrastructure Policy Team Report

7.3.4 People and Place Policy Team Report

WALGA President’s Report:

The following matters were covered in the WALGA President’s Report:

· COVID-19 – Update

· Special Electors’ Meetings: WALGA has received feedback from numerous Local Governments regarding Special Electors Meetings which are being requested by pro-choice vaccination groups in the community and WALGA has provided responses to approximately 50 separate enquiries in the first quarter of 2022.

· State Road Funds to Local Government Agreement looking at options and strategies that WALGA has the opportunity to put before the State Government regarding an agreement to provide funding to Local Governments from vehicle licence fee revenue. The current five-year agreement expires in June 2023.

· Local Government Legislative Reform WALGA will provide regular updates to State Council and the sector more broadly as the legislative reform process progresses.

· 2022 Local Government Honours Program - nomination forms and further information can be found on the WALGA website. Nominations will close at 5:00pm on Friday, 24 June.

· Australian Local Government Association (ALGA) - WALGA is working alongside ALGA and other state and territory Local Government Associations on a Federal Election campaign with the theme “Don’t leave local communities behind”. The campaign highlights five key areas and 17 opportunities for Federal Members and Candidates to work with Local Governments.

8.2 WALGA Zone Status Report

Following the submission of resolutions from the Kimberley Zone, WALGA provided responses in the Zone Status Report April 2022.

The Kimberley Regional Group noted summaries provided for each of the resolutions submitted to WALGA.

Kimberley Regional Group Meeting Minutes – 19 April 2022

The following items from the Kimberley Regional Group Meeting held 19 April 2022 should be noted by Council:

9.1 Proposal to have WALGA Administer the Kimberley Zone and KRG

The Kimberley Regional Group have previously engaged a consultant to coordinate the administration of the WALGA Kimberley Zone meetings and all matters relating to the KRG including administration and executive functions including research and advice.

The KRG resolved to transfer the WALGA Kimberley Zone matters and administrative aspects of KRG meetings to WALGA as this is a free member service.

9.2 Acknowledgement of Noel Mason, Former CEO Shire of Halls Creek

The Kimberley Regional Group welcomed the new Shire of Halls Creek CEO, Mr Phillip Cassell and acknowledged the contribution of Mr Noel Mason in his time in the role.

9.3 Federal Budget Overview

The Federal Treasurer handed down the budget on 29 March 2022 with two major projects being funded in the Kimberley being:

· $400m to upgrade the Tanami from Halls Creek to the Border with a further $110m to finish the upgrades from the border to Alice Springs.

· $244m to upgrade and refurbish a range of facilities at RAAF Base Curtin, including communications capabilities, roads, hangars for aircraft, security, workshops and electrical services.

The KRG noted the Federal Budget Overview provided.

9.4 Operational Plan and Budget – Projects 2022-23

It is a requirement under the Kimberley Regional Group MOU for an Operational Plan and budget, including a list of projects, be presented prior to the end of the financial year.

In order to develop the budget, the KRG need to identify projects where external grant funding will be sought and, the costs identified for administering the functions of the KRG.

Two projects have been identified for the period being the:

· Workforce needs analysis, which has been approved as an outsourced project; and

· Housing Needs Analysis which will benefit from the release of Census Data in June 2022 and the outcomes of the of the Workforce needs analysis. Costing for this project has not been undertaken, and is contingent upon the degree that inhouse projects will be utilised going forward.

These two projects are strongly related with the housing of employees a major issue in the Kimberley.

The KRG approved the projects as listed.

9.5 Infrastructure Prospectus

The Kimberley Regional Group developed the Infrastructure Prospectus in response to the COVID-19 pandemic. This item provided the 2022-23 update for approval which was endorsed.

9.6 2022 National General Assembly of Local Governments Motion

The Shire of Derby West Kimberley has the opportunity to progress (on behalf of the Kimberley Region) an important disaster recovery motion at the June 2022 National General Assembly of Local Governments in Canberra. This report provided background and was endorsed by the KRG.

9.7 Underground Power

The opportunity to increase the amount of underground power lines in the Kimberley has been seen as a desirable outcome for some time and this item referred this matter to WALGA for further consideration.

The KRG resolved that WALGA enter into discussions with Horizon Power in relation to programs and funding to transition overhead wires to underground power.

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 receives and endorses the resolutions of the Kimberley Zone and the Kimberley Regional Group as attached in the Kimberley Zone and Kimberley Regional Group Joint Meeting Minutes 19 April 2022 en bloc.

Attachments

1.	Kimberley Zone and Kimberley Regional Group Joint Meeting Minutes 19 April 2022

Agenda – Ordinary Meeting of Council 30 June 2022 Page 0 of 1

10.2 Minutes and Recommendations from Local Emergency Management Committee Meeting held on 8 June 2022

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: EMS02

AUTHOR: Executive Support Officer - Development Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report presents for Council endorsement the minutes from the Local Emergency Management Committee held on 08 June 2022.

BACKGROUND

The Local Emergency Management Committee (LEMC) is established by Council under section 38 of the Emergency Management Act 2005 (Act). In accordance with section 39 of the Act, the functions of the LEMC are:

(a) to advise and assist the local government in assuring that local emergency management arrangements are established for its district;

(b) to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and

(c) to carry out other emergency management activities as directed by the State Emergency Management Committee, or prescribed by the Emergency Management Regulations 2006.

COMMENT

LEMC meeting on 8 June 2022

The minutes of the LEMC meeting held on 8 June 2022 are included as Attachment 1 of this report.

At the meeting, the LEMC discussed the following:

Item 5.1 Local Emergency Management Committee (LEMC) Document Updates

Members were reminded to send any changes/additions to the LEMC Secretariat for the following documents:

· Resource Register

· Incident Report (none to report)

· Training Schedule

The Contact list was sent with the Agenda for Committee members to review and to provide updates as required.

Item 5.2 Status Report

The 2022 Status Report was discussed – there are currently no items outstanding on the Status Report.

Item 5.3 Updated Broome Local Emergency Welfare Plan – April 2022

The updated Broome Local Emergency Welfare Plan was circulated. No major changes had occurred except the revision of some Covid-19 restrictions in line with Government guidelines.

Item 5.4 Update from LEMC Members

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

CONSULTATION

Local Emergency Management Committee members.

STATUTORY ENVIRONMENT

Emergency Management Act 2005

Section 36 Functions of local government

It is a function of a local government —

(a) subject to this Act, to ensure that effective local emergency management arrangements are prepared and maintained for its district;

(b) to manage recovery following an emergency affecting the community in its district; and

Section 38 Local emergency management committees

(1) A local government is to establish one or more local emergency management committees for the local government’s district.

(2) If more than one local emergency management committee is established, the local government is to specify the area in respect of which the committee is to exercise its functions.

(3) A local emergency management committee consists of —

(a) a chairman and other members appointed by the relevant local government in accordance with subsection (4); and

(b) if the local emergency coordinator is not appointed as chairman of the committee, the local emergency coordinator for the local government district.

(4) Subject to this section, the constitution and procedures of a local emergency management committee, and the terms and conditions of appointment of members, are to be determined by the SEMC.

POLICY IMPLICATIONS

Nil.

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.

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.

VOTING REQUIREMENTS

Simple Majority

That Council receives the minutes of the Local Emergency Management Committee meeting held on 8 June 2022.

Attachments

1.	Minutes and Recommendations from Local Emergency Management Committee Meeting held on 8 June 2022