Minutes of Ordinary Meeting - Thursday, 30 May 2024

Minutes – Ordinary Council Meeting 30 May 2024 Page 0 of 1

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 30 May 2024, COMMENCING AT 3.00PM.

The Chairperson welcomed Councillors, officers and members of the public and declared the meeting open at 3.03pm.

ATTENDANCE

Councillors:	Shire President C Mitchell	Shire President
	Cr D Male	Deputy Shire President
	Cr P Matsumoto
	Cr P Taylor
	Cr M Virgo
	Cr J Lewis
	Cr S Cooper

Apologies:	Cr J Mamid


Leave of Absence:	Leave of absence was previously granted to Cr E Smith.


Officers:	Mr S Mastrolembo	Chief Executive Officer
	Mr J Hall	Director Infrastructure
	Mr J Watt	Director Corporate Services
	Mr K Williams	Director Development Services
	Mr D Bonnici	Marketing & Communications Coordinator
	Mrs M Martin	Senior Administration & Governance Officer

Media:	D Karagic	ABC
	K Minns	Broome Advertiser

Public Gallery:	D Galwey
	C Leahy
	C Maher
	D Oliver
	P Rewell

3. Announcements By President Without Discussion

On behalf of Council I would like to pass our condolences onto the families of former Councillor, Mark Manado and former employee Alphonse Hunter.

Mark served on Council for 4 years, 2011 to 2015 and was a very well-known and well respected member of the community.

Alphonse was a Shire gardener operator for 4 years, commencing with the Shire in January 2019. Alphonse was popular among the workforce and within the Broome community.

We extend our condolences to the families and friends of Mark and Alphonse.

4. Declarations Of Interest

FINANCIAL INTERESTS (s5.60A)
Councillor	Item No	Item	Nature of Interest
Cr Male	9.3.2	Community Development Fund Applications 2024/25	One of the applicants is a direct client.
Cr Virgo	9.3.2	Community Development Fund Applications 2024/25	One of the applicants is a paid member of the BVC (Matso’s)

INDIRECT FINANCIAL INTERESTS (s5.61)
Councillor	Item No	Item	Nature of Interest
Cr Cooper	9.3.2	Community Development Fund Applications 2024/25	Matso’s is relying on my quote.

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Shire President Cr Mitchell	9.3.2	Community Development Fund Applicants 2024/25	I am a member of Native Animal Rescue Broome and hold the unpaid voluntary position of coordinator for the group.
Cr Cooper	9.3.1	Application for Funding Tourism Administration Policy 2024/25	Vice President of Broome Chamber of Commerce and Industry which has involvement with Cruise Broome.
Cr Virgo	9.3.1	Application for Funding Tourism Administration Policy 2024/25	I am a Committee Member of Cruise Broome.
Cr Taylor	9.3.1	Application for Funding Tourism Administration Policy 2024/25	Volunteer Member Cruise Broome.
Cr Cooper	9.3.2	Community Development Fund Applications 2024/25	Volunteer Member – Broome Bowling Club / Volunteer Member – Native Animal Rescue Broome

5. Public Question Time

The following question was submitted by Simon Marwick regarding Manari Road condition.

Question One (1)

When was the last time Manari road was graded, and is there any plans to grade it again in the near future? The corrugations are extremely bad, private and public owned vehicles are getting damaged travelling along it.

Answer provided by Director Infrastructure

The most recent maintenance grade of Manari Road was completed at the start of April 2024. The next maintenance grade of Manari Road is programmed for the fortnight ending 7 June 24. This is subject to weather and road condition/status.

The following questions were submitted by Ivan Dean regarding CCTV camera maintenance and repairs.

Question One (1)

At the Feb 15 meeting, two elector motions relating to repair and maintenance of the CCTV system were carried unanimously. However, Council response so far seems to consist only of noting the motions and offering to continue to consider the allocation of funding. Council has previously advised that roughly 50% of the installed cameras are not operational.
Will the council publish the list of working and non-working cameras, and their relationship to the Council's map of what is described as trouble spots?

Answer provided by Director Corporate Services

Details of non-operational CCTV cameras will not be provided to the public due to the obvious security concerns.

Implementation of public CCTV is informed through Broome Police crime hotspot data.

Question Two (2)

The Shire's published policy establishes that the Chief Executive Officer is responsible for the management of the Shire's CCTV system (policy as adopted in 2012).
Can the CEO explain in detail what actions have been taken to secure funding for repair of broken cameras in trouble spots, e.g. the broken camera(s) in Anne St?

Answer provided by Director Corporate Services

Officers are not aware of any grant funding programs that cater for operational renewal of CCTV assets however continue to investigate options.

CCTV repair and remediation works are an ongoing operational activity with funds for CCTV repair allocated through Council’s annual budget each year.

$30,000 has been allocated in Council’s draft 2024/25 budget for CCTV rectification and repair works based on historical requirements.

Following an increased number of CCTV outages at Male Oval, Chinatown, Town Beach and Anne Street earlier this financial year officers requested additional funds through Council’s mid-year budget review for remediation works. $50,000 was committed to address these outages. A procurement process has been undertaken with a contractor scheduled to commence works in the first week of June.

Local contractors have been assisting staff to troubleshoot other issues recently with several cameras in the Chinatown and Anne Street vicinity repaired.

In total Council has invested over $334,000 in CCTV network remediation and repairs since 2018.

Our CCTV network operates in extreme climatic conditions that often hit the maximum specification limits of the hardware used. Lifecycle management of CCTV assets is problematic with cameras and networking equipment failing regularly. Vandalism is also prevalent. It is a costly and resource intensive exercise to keep the system running and this needs to be carefully managed to ensure that ratepayer funds are used cost effectively.

Regarding Anne Street, a similar question was asked at Council’s 28 March Ordinary Meeting. At that meeting it was noted that the Anne Street CCTV system was installed at an initial cost of $117,000 and has been repaired multiple times due to hardware failure, communication issues and vandalism. In 2019 the system was vandalised with rectification works totalling $85,000 and total cost of repair since 2019 totalling $102,454. The Anne Street system has been repaired 3 times this calendar year following damage. The system is currently online having again been recently repaired.

Question Three (3)

Given that offences in the suburb of Broome, as published by WAPol, have increased by over 44% in the last two financial years for which full data is available, what is the Shire's actual plan to fund repairs for non-operational cameras, and then ongoing maintenance and repairs of the CCTV cameras already installed?

Answer provided by Director Corporate Services

The previous response addresses this question.

The following question was submitted from Brendon Wong regarding Safe and functional Recreational boat ramp.

Question One (1)

When is a safe, functional boat ramp/ marina going to be built like Port Headlands boating facilities?

Answer provided by Chief Executive Officer

The state government, through the Department of Transport (DoT), has developed a design and business case for a boat launching facility at Entrance Point. This has taken several years and many investigations including cultural, heritage, environmental, engineering, tenure and marine considerations. The boating facility at Entrance Point was costed at $78 million in 2021 and the state government has committed $36 million towards construction.

The proposal has been submitted to the Environmental Protection Agency by DoT for approval. Further stakeholder engagement was requested and this is currently being undertaken. The timeframe is not known.

The Shire has been supporting the DoT, by leading the community engagement process in 2020 and continuing to advocate for the project to state and federal government.

Carmel Leahy asked the following questions in relation to Agenda Item 9.1.1- Local Planning Policy Review

Question One (1)

Has the shire been approached by Woodside regarding the transport of their workforce out to their proposed worksite via chopper from Broome?

Taken on Notice

Question Two (2)

Will the shire undertake extensive community consultation prior to making a decision on supporting or not supporting any Woodside proposal about using Broome as its transport hub given the impacts to the community?

Taken on Notice

Question Three (3)

Is the shire aware that the Woodside proposal will generate globally significant carbon emissions – the primary cause of sea level rise which risks impacting our coastline including the flooding of Chinatown?

Taken on Notice

Dianne Oliver asked the following questions in relation to Woodside’s proposed Development at the Scott Reef and the potential expansion of helicopter activity.

Question One (1)

Which authorities within the Broome area are monitoring the air quality for carcinogenic and other hazardous pollutants, and are the results available to the public?

Taken on Notice

Question One (2)

Are these results available to the public?

Taken on Notice

Paul Rewell of Broome Private Transit asked the following questions in relation to Item 9.3.1. Under Application for Funding Tourism Administration Policy 2024/25.

Question One (1)

I bring to your attention the Shire’s Tourism Administration Policy “Application Reporting”, which under Section D states, a copy of the organisations year end audited financial statement for the preceding year, to provide assurance that the organisation is viable must be submitted with all funding applications.

Taken on Notice

Question Two (2)

Can you outline how the organisation applying for funding, in this case Cruise Broome, has met their constitutional requirements with committee appointments, regular AGM’s where the members are publicly notified, independent financial audits, the correct lodgement of it’s duties to the relevant authority, being Department Energy and Mines or the Australian Charity and not for profit commission and can the Council assure the constitutes of Broome that all active undertaken by Cruise Broome have been done so whilst the organisation was solvent and or had appropriate cash reserves to fulfill their corporate functions?

Taken on Notice

Question Three (3)

Are the Councillors aware that Cruise Broome do not respond to correspondence admitted to the organisation?

Taken on Notice

6. Applications for Leave of Absence

Council Resolution:

Minute No. C/0524/066

Moved: Cr P Matsumoto Seconded: Cr M Virgo

That Council grant Cr Male a Leave of Absence from Councillor duties inclusive of 25 June 2024 through to 2 July 2024.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr P Matsumoto, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY 7/0

7. Confirmation Of Minutes

Council Resolution:

Minute No. C/0524/067

Moved: Cr S Cooper Seconded: Cr M Virgo

That the Minutes of the Ordinary Meeting of Council held on 24 April 2024, as published and circulated, be confirmed as a true and accurate record of that meeting.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr P Matsumoto, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY 7/0

8. Presentations / Petitions / Deputations

Nil.

9. Reports From Officers

9.1 People

The Director Development Services advised there was a typographical error in the Agenda Report. These corrections were actioned administratively and reflected in the minutes.

9.1.1 LOCAL PLANNING POLICY REVIEW - POST GAZETTAL OF LOCAL PLANNING SCHEME NO.7
LOCATION/ADDRESS:	N/A
APPLICANT:	Shire of Broome
FILE:	PLA08
AUTHOR:	Planning Officer
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Director Development Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

Local Planning Scheme No 7 (LPS7) was gazetted on 28 September 2023 and a full review of the Shire’s existing Planning Policies and Local Planning Policies has been undertaken to ensure alignment.

The review was undertaken to ensure that the Policies reference the correct Scheme, updated zones and land use definitions.

The purpose of this report is to present the reviewed Policies to Council for consideration and it is recommended that Council adopt the amendments to the Local Planning Policies.

BACKGROUND

Previous Considerations

OMC 26 February 2015 Item 9.2.2

OMC 30 July 2015 Item 9.2.3

The Shire of Broome has 25 Local Planning Policies (the Policies) and the last full review of LPP’s occurred in July 2015 following the gazettal of Local Planning Scheme No 6. Local Planning Policies are prepared and adopted to provide guidance on the exercise of discretion on planning matters or to establish standards to guide appropriate development within the Shire of Broome.

The Policies are adopted pursuant to Part 2 clause 4 of the deemed provisions (the deemed provisions are contained in the Planning and Development (Local Planning Schemes) Regulations 2015. Planning policies may be amended or rescinded after the procedures set out in Part 2 of the deemed provisions have been completed.

The Policies require review to ensure that they are all relevant to the new Scheme.

COMMENT

Local Planning Policies perform an important function in the local planning framework to guide planning decisions and to provide consistency and direction to the Council officers and the community on what Council considers acceptable development.

To ensure that appropriate guidance is provided all Planning Policies require review due to the gazettal of LPS7. The purpose and intent of the Policies has not been altered through this review process. A summary of the amendments together with the rationale is contained in Attachment No 1 and all Policies are attached and any changes are shown tracked in Attachment No 2.

The key changes performed include:

· Update to the adoption provisions – previously Local Planning Policies were adopted under Local Planning Schemes. When the Planning and Development (Local Planning Schemes) Regulations 2015 came into effect, the administrative sections of Schemes were removed and inserted into the Deemed Provisions (which included the adoption and review of LPP’s). As such the adoption provisions have been updated.

· Update to the references throughout LPS7 including any subsequent changes to zoning title’s, definitions and numbering of clause provisions.

· Updates to legislation or other Policy updates made since the last LPP review.

While the changes proposed are deemed minor and administrative in nature, an overview of amendments to LPP’s that are beyond the above description are outlined below:

LPP 5.7 - Development Standards for Development Applications

This policy establishes minimum standard for development to maintain and enhance the amenity and natural environment. It is proposed to include an update to the development standards for crossovers in the Broome Road Industrial Estate and Port Drive Industrial Area, where crossings of road side swales are required. The Policy update clarifies that in these situations the custom crossover design prepared by Development WA for the Broome Road Industrial Estate will be required and for the Port Drive Industrial Area, an engineer will be required to be engaged if the crossover intersects with a road side swale.

LPP 5.14 – Public Consultation

This policy is designed to clearly define consultation required to meet the statutory and standard consultation requirements for planning matters.

It is recommended that the policy be updated to include email as a form of consultation as well as the existing letter and public advertising formats. Email will be the preferred method of communication, for the following reasons:

· To reduce paper usage;

· Timeliness of delivery - emails result in direct notice to the recipient, which is preferred given the high proportion of remote owners in Broome, the prevalence of PO Box addresses in Broome and also as Australia Post has reduced the frequency of mail delivery in Broome.

· Reduce postage operational costs to the Shire.

· Aligns with feedback received during engagement undertaken as part of the Corporate Communications and Engagement Strategy.

If the Shire does not hold email addresses for property owners, letters will be posted.

It is also proposed to amend the level D consultation requirements by updating the minimum advertising period from 21 to 28 days to align with changes to the Deemed Provisions and also to remove the requirement specifying that a notice in the newspaper must be repeated over the duration of the consultation period. Level D consultation is the highest level of engagement and requires preparation of a Community Engagement Plan, which would involve various different mediums for seeking community input and feedback on a planning project. The specific need for a minimum of two notices in a newspaper is unlikely to realise improved engagement given the improved reach other platforms have (such as social media).

LPP – 5.22 – Shire of Broome Structure Plan and Subdivision Standards

Infrastructure have performed a review of this LPP and proposed some minor adjustments to the footpath widths in proximity to schools and updates to the reticulation specifications for Public Open Space (POS) areas.

The Policy will be further reviewed, specifically Table 1 – POS Distribution and Development Criteria when the Playground Strategy is finalised. Further, the State is in the process of reviewing Liveable Neighbourhoods which would trigger a detailed review of this Policy, once released.

Local Planning Policy 5.18

Bed and Breakfast is recommended to be revoked as the Bed and Breakfast land use is now a ‘P’(permitted) land use under LPS7 and as such does not require development approval from the Shire. As approval is no longer required and the Scheme provides standards relating to car parking for this use, the Policy is no longer required.

Further, it is noted that the State will be introducing new legislation that comes into effect on 1 July 2024 for all Short-Term Rental Accommodation operators. The operators within Western Australia will be required to register their property to operate and advertise, including on online booking platforms. Local government officers will have access to the register for properties in their Local Government Act, so the Shire will have visibility of operating hosted accommodation providers in the Shire boundaries.

Summary

Based on the above comments, it is recommended that Council adopts the proposed amendments to the Local Planning Policies, as set out in Attachment No 2.

CONSULTATION

The Deemed Provisions as outlined below establish the procedure for amending a local planning policy and establish that a local government may make amendment to a local planning policy if it is of the opinion the amendment is minor. As set out above, the amendments proposed are administrative in nature and do not alter the purpose or intent of the Policy, as such it is deemed that the amendments are minor and in this case can proceed without advertising.

STATUTORY ENVIRONMENT

Local Planning Scheme No. 7

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

4. Procedure for making local planning policy

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

(a) publish in accordance with clause 87 the proposed policy and a notice giving details of —

i. the subject and nature of the proposed policy; and

ii. the objectives of the proposed policy; and

iii. how the proposed policy is made available to the public in accordance with clause 87; and

iv. the manner and form in which submissions may be made; and

v. the period for making submissions and the last day of that period;

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

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

2. The period for making submissions specified in a notice under subclause (1)(a)(v) must not be less than the period of 21 days after the day on which the notice is first published under subclause (1)(a).

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

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

(b) resolve to —

vi. proceed with the policy without modification; or

vii. proceed with the policy with modification; or

viii. not to proceed with the policy.

(3A) The local government must not resolve under subclause (3) to proceed with the policy if —

(a) the proposed policy amends or replaces a deemed-to-comply provision of the R-Codes; and

(b) under the R-Codes, the Commission’s approval is required for the policy; and

(c) the Commission has not approved the policy.

4. If the local government resolves to proceed with the policy, the local government must publish notice of the policy in accordance with clause 87.

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

6. The local government must ensure that an up-to-date copy of each local planning policy made under this Scheme that is in effect is published in accordance with clause 87.

7. Subclause (6) is an ongoing publication requirement for the purposes of clause 87(5)(a).

5. Procedure for amending local planning policy

1. Clause 4, with any necessary changes, applies to the amendment to a local planning policy.

2. Despite subclause (1), the local government may make an amendment to a local planning policy without advertising the amendment if, in the opinion of the local government, the amendment is a minor amendment.

6. Revocation of local planning policy

A local planning policy may be revoked –

a) by a subsequent local planning policy that

i. is prepared in accordance with this Part; and

ii. expressly revokes the local planning policy;

(b) by a notice of revocation -

i. prepared by the local government; and

ii. published by the local government in accordance with clause 87.

POLICY IMPLICATIONS

As above.

FINANCIAL IMPLICATIONS

The cost of advertising has been accounted for by existing budget allocations.

RISK

Nil.

STRATEGIC ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 11 - Effective leadership, advocacy and governance

Objective 11.2 Deliver best practice governance and risk management.

Outcome 12 - A well informed and engaged community

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

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/0524/068

Moved: Cr P Taylor Seconded: Cr M Virgo

That Council:

1. Pursuant to Part 2 clause 5 of the Deemed Provisions, adopts the minor amendments to the following Local Planning Policies as set out in Attachment No 2,:

- LPP 5.1 - Outdoor Dining

- LPP 5.2 - Staff Accommodation in the Rural, Rural Small-Holdings and Cultural and Natural Resource Use Zone

- LPP 5.3 - Miscellaneous Structures

- LPP 5.4 - Heritage List Development of Listed Places

- LPP 5.5 - Transient Workers Accommodation

- LPP 5.6 - Parking

- LPP 5.7 - Development Standards for Development Applications

- LPP 5.8 - Fences

- LPP 5.9 - Development Approvals - Amendments Extensions to Term of Approval and Requests for Further Information

- LPP 5.10 - Signs

- LPP 5.11 - Telecommunications Infrastructure

- LPP 5.12 - Provision of Public Art

- LPP 5.13 - Design Guidelines Regional Centre Zone

- LPP 5.14 - Public Consultation Planning Matters

- LPP 5.15 - Forms of Residential Accommodation

- LPP 5.16 - Old Broome Development Strategy

- LPP 5.17 - Caretakers Dwelling Attached Offices in the Light Industry Zone

- LPP 5.19 - Strata Titling of Tourist Developments in the Tourism Zone

- LPP 5.20 - Exempt Development

- LPP 5.21 - Non-Conforming Use Register

- LPP 5.22 - Shire of Broome Structure Plan and Subdivision Standards

- LPP 5.23 - Coastal Planning

- LPP 5.24 - Design Review Panel

- LPP 5.25 - Holiday House

2. Pursuant to Part 2 clause 6 of the Deemed Provisions, revokes Local Planning Policy 5.18 - Bed and Breakfast.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	Summary of changes and recommendation
2.	Tracked changed amended LPP's

Minutes – Ordinary Council Meeting 30 May 2024 Page 0 of 1

9.2 Place

9.2.1 Bardi Jawi Niimidiman Aboriginal Corporation: Shared Country - Shared Voice Project
LOCATION/ADDRESS:	Nil
APPLICANT:	Bardi Jawi Niimidiman Aboriginal Corporation
FILE:	PLA107
AUTHOR:	Land Tenure Officer
CONTRIBUTOR/S:	Manager Planning and Building Services
RESPONSIBLE OFFICER:	Director Development Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

The Bardi Jawi Niimidiman Aboriginal Corporation (BJNAC) are submitting a grant application for the federal Regional Precincts and Partnerships Program (rPPP) and have requested that the Shire commits to working with BJNAC to work towards formalising a partnership with the corporation as part of their proposed Shared Country – Shared Voice project.

This report recommends that Council requests the Chief Executive Officer to work with BJNAC to facilitate Shire involvement in the proposed project.

BACKGROUND

The Bardi Jawi Niimidiman Aboriginal Corporation (BJNAC) approached Shire officers in February 2024 with an invitation to join with them in partnership for the activation of 6 parcels of land that are currently held by the Aboriginal Lands Trust (ALT).

The Project objective is to develop an investment ready precinct plan for select parcels of land that are currently held by the Aboriginal Lands Trust (ALT Estate) and are within the Native title determination area for the Bardi and Jawi People.

The main priority of the project is for the parcels of land to be divested from the ALT and vested with the native title holders to allow for activation of the land and economic benefit of the native title holders. A map of the land parcels is attached as Attachment 2. The land area covered by the proposal does include the Ardyaloon and Djarindjin community, but does not include Lombadina. Beagle Bay does not form part of the project as it is not in the BJNAC native title area.

At the time of receiving the initial correspondence in March 2024, BJNAC had not received responses or support from other agencies, government body or groups.

Attachments 1 – 4 include this initial correspondence and supporting documents, including the land parcels currently in the ALT estate, a draft governance structure and a preliminary project outline.

Since that initial invitation Shire officers have met with representatives from the project team and BJNAC and discussed in more detail the aspirations of the project and put questions to the team to better understand the role of the Shire and what resources from the Shire would be required to participate in the partnership as well as long term implications for the Shire.

COMMENT

Shire officers reviewed the invitation to participate in the project and associated documentation and met with the project team in early March 2024. Officers have raised the following considerations with the project team:

· Whether the State had fully committed to the partnership;

· Whether the communities of Ardyaloon, Lombadina and Djarindjin had committed to the partnership;

· Clarity around the deliverables of the project so the Shire could have an understanding of resource commitments.

· Reference is made to the Bidgyadanga Land Activation Project in the preliminary project outline. This project is a State lead initiative with significant resource commitment and budget, which commenced in December 2020 and is yet to deliver tenure reforms with the Shire yet to be informed of resolution of key governance, land use planning and infrastructure considerations. What is the funding sought for the delivery of this project and have the project milestones been informed by experiences of the Bidgyadanga Land Activation Project.

Since meeting with Shire Officers BJNAC have received correspondence from the Minister for Education, Aboriginal Affairs; Citizenship and Multicultural Interests the Honourable Dr Tony Buti and the Deputy Premier, Treasurer, Minister for Transport and Tourism the Honourable Rita Saffioti both offering their support for the project. See Attachments 5 – 6.

Discussion with the BJNAC have confirmed that the project is principally seeking divestment of the ALT land parcels that exist within the native title determination area and for these parcels of land to be vested with the native title holders. This is proposed to allow for activation of the land and economic benefit of the native title holders. The project will be supported by investigations to into heritage, environmental, bushfire, coastal planning/inundation studies and other planning informing actions so future development opportunities can be identified.

The resourcing required from the Shire to participate still remains unclear and the governance framework would need to be updated if the project is successful in the rPPP grant application. Initial discussions have confirmed that if successful, some funds would be allocated to ensure the Shire could review technical planning and infrastructure documentation requiring external expertise (such as coastal and bushfire reports) however it is unlikely that the Shire would receive compensation for officers time to participate in meetings. It should be noted that the Shire would need to play a role in the project regardless of the decision to be part of the partnership or not due to the planning and development implications. It is preferable to inform the outcomes prior to resolution than try to influence decisions after they have been made.

Given the Shire’s expertise and experience it would be a missed opportunity for the Shire to not be involved in the project and to not play a role on a working group or committee, even in an advisory capacity. A criticism of other divestment programs in the past has been insufficient local government engagement or involvement.

Shire Officers also note that objective 9.3 of the Shire’s Corporate Business Plan is to support the activation of the Dampier Peninsula. While the action is for the Shire to Advocate to State and Federal Government to provide increased business support services to Dampier Peninsula communities, this initiative is seeking that same outcome, albeit over discreet parcels of land.

The project is not intended to resolve or address the issue of municipal services in the communities. While this is noted and it is understood that the project is intended to resolve land tenure only, it is recommended that the Shire highlight at this point that the resolution of tenure needs to give consideration to future land needs should municipal services transition from the current State Government function to becoming a local government responsibility. Should these future land needs not be considered at this stage, it could potentially inhibit the ability of the Shire being able to provide municipal services to communities.

To provide completeness to the project it recommended that consideration be given to include non-ALT land parcels within the BJNAC determination area.

Land Parcels

The 6 Land Parcels identified for the project (see Attachment 2) represent parcels that are both within the exclusive Bardi and Jawi native title determined area and parcels that were excluded from the final determination area. They include a large parcel that includes the One Arm Point Reserve, an island of the coast of Ardyaloon and 4 discreet land parcels in and around the community of Djarindjin.

Governance Structure

The proposed governance structure includes a Steering Committee, working groups, BJNAC rPPP Team, and an Advisory Panel. Each member will be afforded equal representation across all groups.

It must be noted that this is a traditional owner led initiative which is markedly different to the process that successive State governments have been trying to implement for many years.

Summary

The request from BJNAC is to seek a commitment from the Shire to work towards formalising a partnership to develop an investment ready precinct plan. Partnership early in the project inception is positive. It is recommended the Council thank BJNAC for the invitation to participate and provide in-principal support to committing to developing a partnership. Subject to the town site communities confirming their participation, and clarity around the Shire’s roles and resourcing commitments being provided.

It is also recommended that Council raise the issue of delivery of municipal services and future land needs, so the State and other partnership partners are aware that land needs associated with service delivery should be considered as part of the project.

CONSULTATION

Bardi Jawi Niimidiman Aborigiinal Corporation

STATUTORY ENVIRONMENT

Not applicable

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The financial implications for the Shire are not known at this stage.

RISK

The Shire has been requested to commit to work towards establishing a partnership with BJNAC at the inception of the project. The Shire will have intersection with the project regardless of whether it is a partner and it is considered that being a partner should result in improved outcomes and representation of Shire’s perspectives throughout project delivery.

If the Shire is not willing to be involved in the partnership there is a reputational risk to the Shire and there is also a risk that the Shire’s interests will not be represented.

STRATEGIC ASPIRATIONS

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

Outcome 5 - Responsible management of natural resources

Objective 5.3 Adopt and encourage sustainable practices.

Outcome 6 - Responsible growth and development with respect for Broome’s natural and built heritage

Objective 6.1 Promote sensible and sustainable growth and development.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0524/069

Moved: Cr P Taylor Seconded: Cr S Cooper

That Council:

1. Thanks the Bardi Jawi Niimidiman Aborigiinal Corporation Registered Native Title Body Corporate for invitation to participate in the partnership to divest the Aboriginal Lands Trust properties within the Bardi and Jawi Land Estate.

2. Provide in-principal support to the project and commits to works towards the formalisation of the partnership with Bardi Jawi Niimidiman Aborigiinal Corporation subject to clarification of the following;

(a) The project receives full support from the communities of Ardyaloon, Lombadina and Djarindjin;

(b) Confirmation of the partnerships final governance structure and expected resourcing commitment; and

(c) Whether non-Aboriginal Lands Trust land parcels can be included within the project to provide completeness to the proposed precinct planning.

3. Request that the project partners give consideration to future land needs to support delivery of municipal services in the respective communities as part of the resolution of land tenure.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr P Matsumoto, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Invitation to Activate Partnership to Divest ALT Properties - 26 Feb 2024 (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”.
2.	Annexure A – 6 Bardi and Jawi Aboriginal Lands Trust (ALT) properties (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”.
3.	Annexure B – draft Governance Structure (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”.
4.	Annexure C – draft Preliminary Project Outline (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”.
5.	Minister Buti Response to Invitation (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”.
6.	Minister Saffioti Response to Invitation (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”.

Minutes – Ordinary Council Meeting 30 May 2024 Page 0 of 1

9.3 Prosperity

Cr Cooper declared an Impartiality Interest in item 9.3.1, the reason being “I am the Vice President of Broome Chamber of Commerce and Industry which has involvement with Cruise”.

Cr Virgo declared an Impartiality Interest in item 9.3.1, the reason being “I am a Committee Member of Cruise Broome.

Cr Taylor declared an Impartiality Interest in item 9.3.1, the reason being “I am a Volunteer Member Cruise Broome.

9.3.1 APPLICATION FOR FUNDING TOURISM ADMINISTRATION POLICY 2024/25
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FECI05
AUTHOR:	Economic Development Coordinator
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Director Development Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

Council is requested to review applications for funding through the Tourism Administration Program for 2024/25.

BACKGROUND

Previous Considerations

OMC 29 April 2021 9.3.2

OMC16 December 2021 9.2.1

OMC 30 March 2023 9.3.2

OMC 24 April 2024 9.3.3

The Shire of Broome has established the Tourism Administration Policy 3.4.9 (TAP) to support the tourism sector. The TAP guides Council’s role within the tourism industry, including the extent of Council’s direct financial assistance to tourism initiatives. The objective of TAP is to realise the benefits from tourism, promote coordination, infrastructure sharing opportunities and integration of tourism with other business sectors to optimise benefits and minimise any adverse impacts to the community and other industries.

The TAP stipulates that allocations of financial resources will be achieved through formal consideration of applications from nominated organisations at an Ordinary Meeting of Council (OMC).

Broome Visitors Centre (BVC), Australia’s North West Tourism (ANW) and Cruise Broome are organisations whose mandates align with the objectives of funding as per the TAP. BVC provides visitor servicing, ANW works collaboratively to provide destination marketing for the Broome local government area (and the wider North West) and Cruise Broome responds to the opportunities offered by the cruise ship industry.

BVC and ANW’s applications for funding were considered by Council at the OMC 30 March 2023. At this time, Council allocated in the municipal budget for 2023/2024 and 2024/2025 $40,000 (ex GST) to ANW and $250,000 (ex GST) to BVC.

As BVC and ANW have already been allocated funding for 2024/25, one application for funding from Cruise Broome Inc has been prepared for Council consider for funding for the 2024/2025 budget. The allocations for BVC and ANW are already made commensurate to the 30 March 2023 resolution of Council:

Council Resolution:

(Report Recommendation) Minute No. C/0323/001

Moved: Cr P Taylor Seconded: Cr C Mitchell

That Council:

1. Consider for inclusion in the Municipal Budget for 2023/2024 and 2024/2025 the allocation of $40,000 (ex GST) in each year to Australia’s North West Tourism and enters into a funding agreement with the following conditions:

a) Written confirmation of Tourism WA financial support to Australia’s North West Tourism.

b) Operational and financial updates are provided to the Shire of Broome every six months (or as requested) to monitor the impact on Broome’s tourism sector and approach to destination marketing.

2 Consider for inclusion in the Municipal Budget for 2023/2024 and 2024/2025 the allocation of $250,000 (ex GST) in each year of the agreement to the Broome Visitor Centre and enters into a funding agreement with the following conditions;

a) Payments are to be made of up to $125,000 (ex GST) paid in November, and a second instalment of up to $125,000 (ex GST) paid in April, dependant on the financial position of the Broome Visitor Centre demonstrating a need for financial support at that point in time.

3. Consider for inclusion in the Municipal Budget for 2023/2024 and 2024/2045 the allocation of $30,000 (ex GST) for Ad Hoc funding for further applications through the Tourism Administration Policy.

4. Reserves the right to withdraw or increase funding should the need to respond to economic impacts or disruptions.

CARRIED UNANIMOUSLY 5/0

An item was presented to Council at the 24 April 2024 OMC to consider the 2024/2025 application submitted by Cruise Broome. The item was deferred to allow for further consideration of this matter and allow for workshops with Council:

Defer Item:

Minute No. C/0424/002

Moved: Cr D Male Seconded: Cr P Taylor

That item be referred back to Council at the next most suitable meeting of Council.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr J Mamid, Cr P Matsumoto,

Cr E Smith, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY 9/0

Tourism Administration Policy (TAP)

The TAP Policy objective is:

To realise the benefits from tourism, promote coordination, infrastructure sharing opportunities and integration of tourism with other business sectors to optimise benefits and minimise any adverse impacts to the community and other industries. Ensuring a sustainable tourism industry that has balance between environmental, cultural and heritage values, and community lifestyle.

The Policy requires that funding will focus on the following areas:

1. Visitor Information Services

Council will work collaboratively with the Broome Visitors Centre for the provision of visitor servicing and determining of high-level tourism priorities for the Shire of Broome.

2. Destination Marketing

1. Council will work collaboratively with Australia’s North West (ANW) for the promotion of the Broome local government area as a visitor destination to external markets and determining of associated high-level tourism priorities for the Shire of Broome.

3. Cruise Ship Services

2. Council will work collaboratively with Cruise Broome to respond to the opportunities offered by cruise shipping, including servicing the visitation of passengers and working to attract more cruise ships annually.

Background to Cruise Broome Inc.

Cruise Broome Inc was established in 2018 to oversee and advise on the implementation of Broome’s Cruise Ship entry Strategic Plan. Cruise Broome is a small not-for-profit that is primarily funded by the Shire of Broome.

The Committee of Cruise Broome Inc comprises representation from the following categories:

· Kimberley Port Authority

· Shire of Broome

· Broome Chamber of Commerce

· Broome International Airport

· Broome Visitor Centre

· Local Retail industry representatives

· One representative from each of WA’s active cruise destinations. Representative may be from any of the following organisations – Local Government Authority, port authority, visitor centre, chamber of commerce or regional cruise tourism committee

The Cruise Broome Inc Chairman is appointed for a two year term, nominated by the Committee, and is required to be a member of one of the above organisations.

In previous years Cruise Broome has received funding as per the Tourism Administration Policy (TAP). Cruise Broome received $40k funding in the 2022/23 financial year. Cruise Broome did not receive funding in the 2023/24 financial year as no application was received. Previous funding since incorporation was as follows:

Year	Amount Allocated	Comment
2018/2019	$27,000
2019/2020	$44,000
2020/2021	Nil	No funding allocated due to COVID
2021/2022	Nil	No funding allocated due to COVID
2022/2023	$40,000
2023/2024	Nil	No application submitted

Cruise Broome has applied for funding in the 2024/25 financial year.

It is a requirement that applicants must successfully acquit previous grants before they are eligible for future funding. Organizations must submit an Acquittal and Evaluation report to the Shire of Broome at the conclusion of the funding period. The acquittal report is a written record detailing how the funding has been spent in accordance with its intended purpose.

The detail required for grant acquittal and for future funding agreements is commensurate with the expectations of the community for use of ratepayer funds as well the level required for the Shire’s audit processes. The acquittal process is an opportunity for the applicant to provide strong rationale and evidence that the activities are a good use of ratepayer funding. The acquittal report must include enough detail that evidences that the Key Performance Indicator (KPI) metrics have been met.

Acquittal 2022/23

The requirements for acquitting a grant were in the Cruise Broome application and funding agreement. They are copied below, and review of each section is then provided.

1. Acquittal

a. A detailed overview to Council in relation to the expenditure of the awarded funds.

b. Outcomes measured against key set performance indicators and the high-level priorities previously set for the funding period (e.g. outlined in application form).

c. Detailed overview of the acknowledgement that the Shire has received for the financial assistance.

d. Other information or data that was agreed to as part of the award of funding through this policy.

Section 1.a Detailed overview of expenditure:

Cruise Broome’s financial reporting is complicated by the fact that it operates on a calendar year and not a financial year. The TAP stipulates that the applicant must provide the organisation’s year end audited financial statements for the preceding year providing assurance that the organisation is viable.

However, as a not for profit Cruise Broome is not required to provide audited financial statements as part of its regular incorporation reporting. The cost of the audit would be prohibitive for the organisation, so officers asked for and reviewed original invoices. .

In the TAP Application for 2022/23 Cruise Broome provided the following information:

Proposed use of funding:

Cruise Broome contracts a coordinator to facilitate the day to day communications and information between the cruise industry and agents to stakeholders to retailers, tour operators etc.

A coordinator was not retained directly by Cruise Broome, though Kimberley Special Events (KSE) was engaged to coordinate visitor day services. As the expectations of the Cruise sector around the greetings service are maintained it is evident that engagement of a contractor and staff is required to provide this service and that utilising volunteers is unsustainable. The expenses incurred towards the $40,000 provided by the Shire of Broome are summarised below. Officers reviewed invoices and confirmed these eligible expenses were expended in the 2022/23 financial year.

Advertising & Marketing	$5,359.00
Cruise Day Costs	$4,973.10
Printing & Design	$3,829.00
Kimberley Special Events	$27,148.00
Total eligible invoices	$41,309.10

Section 1. b Outcomes measured against KPIs

In the 2022/23 Funding Agreement it is a condition that Cruise Broome must meet the high level priorities set for the funding period as outlined in the application form and Key Performance Indicators (KPI) These include:

· Increased volunteer participation,

· Input to strategic planning and investment at the Broome Port for ship passenger processing and development of the Kimberley Marine Supply Base.

It is unclear what activities Cruise Broome conducted over the funding period related to these KPI’s Cruise Broome provided data on the Cruise Ship industry in general, which relate to the broader economic impact of cruising. Outcomes were not specific to activities conducted, organized or financially contributed to by Cruise Broome.

Section 1.c Acknowledgement of Shire Funding

Cruise Broome did not provide evidence of acknowledgement of Shire funding so officers checked Facebook and the website. As a result of this review, Cruise Broome Inc was informed by letter that their acknowledgement of Shire of Broome funding needed to be improved. Suggestions were made including increasing mentions on social media, providing photos of the set up on Cruise Day, acknowledgement of volunteers or other free marketing tools and putting the Shire of Broome logo on the website.

Shire of Broome was acknowledged in the Cruise Broome email signature and the Shire logo is on maps provided to visitors.

Section 1.d Other information agreed to be provided

As a condition of funding, operational and financial updates were to be provided to the Shire of Broome every six months (or as requested). Operational and financial updates were not provided on a 6 monthly basis or when requested. In June 2023 this clause of the agreement was provided via email to Cruise Broome and operational and financial updates were specifically requested.

In November 2023, when Cruise Broome submitted a funding application for the 2024/25 financial year, Cruise Broome were informed that they had not successfully acquitted the previous year’s grant. The financial statements that were provided were not accepted as they lacked sufficient detail. However, at the request of officers, a thorough review of all of the invoices was completed over several months and officers met with Cruise Broome to discuss their acquittal and the new application.

As a result of this in-depth review, Cruise Broome is now considered to have successfully acquitted the $40,000 it received from the Shire of Broome for coordination services in the 2022/23 period.

Cruise Broome - Traffic Management 2022/23

On cruise ship days, Cruise Broome closes parking bays on Napier Terrace in order to safely facilitate the visitors movement on and off tour buses. In order to get approval for the closure, Cruise Broome is required to fill out an Application for a Road Closure and Occupiers’ Consent. Under the Main Roads WA Traffic Management for Events Code of Practice this requires consent from at least two thirds of the adjacent land owners to be obtained as well as an Application for Road Closure approval.

Cruise Broome did not have approval to close the parking bays for most of 2023.

The physical set up on the day was also not in line with the Traffic Management Plan Cruise Broome submitted and Cruise Broome were informed by email, phone and in person that a traffic management plan that reflected the reality of the set up was required.

The situation was corrected in early 2024, and now Cruise Broome is operating under an approved TMP with appropriate permissions from the nearest businesses.

Application for funding for 2024/25

Cruise Broome has applied for $60,000 funding for the 2024/25 year through the TAP.

The application included the following key activities:

1. Facilitate meet and greet volunteers for cruise ship days on the wharf and drop off in the centre of town.

2. Cruise Broome hires a coordinator to manage communications and information exchange between the cruise industry, agents, stakeholders, retailers and tour operators. The coordinator’s responsibilities include providing meet and greet services to passengers at the Napier Terrace drop off point in Broome on cruise ship arrival days. Including the coordinator charges of $2600 per day for large cruise ships and $1200 per day for approximately 84 expedition ships calls coming to Broome 2023/2024 season.

3. Costs of associated Memberships such as the Australian Cruise Association, Marketing and Promotion, Insurance and Cruise Ship Day expenses e.g. water, ice etc are additional costs associated with the funding.

COMMENT

Funding of Cruise Sector

As a result of identified difficulties in acquitting grant funding, officers reviewed the funding guidelines and assessed mechanisms to determine how to improve the funding arrangements. Officers referred to the Local Governments to assess how they provide funding and services to the cruise sector. This provided some insight, with the following overview of Cruise Ship services compared to other local government areas (LGAs) and research into the Cruise Ship industry. Cruise Broome’s application for funding in 2024/25 is assessed below with a recommended approach moving forward for Council’s consideration.

Other LGA’s response to Cruising

Western Australia has eleven cruise port destinations. In early January, the Economic Development Coordinator (EDC) reached out to her counterpart at the local governments of Geraldton, Exmouth, Busselton and Esperance. Only Geraldton and Busselton responded in time.

City of Greater Geraldton (CGG)

Within the CGG administration, cruise ship services are managed by Tourism Officers. There is an agreement between the CGG and the Midwest Port Authority (MWPA) to half share the cost of coordinating cruise ship land-side welcome activities including welcome events at a Welcome Hub (shade domes, furniture, volunteers, visitor centre staff with a mobile van, shuttle buses, hop-on-hop-off buses and market stalls) for ships with 600+ passengers.

CGG also has a 2- year contract with an external service provider to coordinate cruise ship welcome events along with CBD activation activities.

Geraldton received 11 ship visits in 2022/23 season and the total cost of the welcome events was $100,000, CGG paid the full cost following each event and the MWPA reimbursed the CGG 50% of the lumpsum at the end of the season.

The other service delivery costs are the individual and direct obligations of the MWPA and CGG, such as cost of volunteers engagement and training is covered by the MWPA, cost of traffic and waste management at the Welcome Hub is covered by CGG.

In addition to general visitor service, Geraldton Visitor Centre provides 1-2 staff with a mobile van at the Welcome Hub for each event.

The MWPA provided the following information on their charges to cruise ships:

- MWPA does not currently charge a per passenger fee (PAX). Commonly, ports would charge cruise vessels when there is landside infrastructure provided (e.g. the passenger terminal at Fremantle).

- MWPA charges are for use of the channel only (Ship Charge, which is inclusive of pilotage and mooring, but exclusive of towage which is a third party service).

- Ship Charge is based on GRT (Gross Registered Tonnes for cargo vessels or Gross Tonnage for passenger vessels) is the vessel’s size (based on the internal volume of the vessel).

- MWPA provides a discounted rate of $0.75 per GRT (excl GST) for cruise vessels.

- MWPA waives standard Berth Hire Charge of $259.69 per hour for cruise vessels.

- The only other charges to cruise vessels are any incidentals such as freshwater supply.

For the bus transportation of cruise ship passengers into town, this is a private contract between the Cruise ship companies (the agent) and a local bus company.

Busselton

At the City of Busselton, the Manager of Events and Culture oversees the cruise ship operations. Busselton is unique as that it does not have an actual port. Busselton facilitates cruise ship stop overs by tenders coming into a landing platform at the Busselton Jetty. Busselton has a management order over the Jetty, however day to day operations including Underwater Observatory, Jetty train etc are managed by the not for profit organisation Busselton Jetty Inc.

The cruise ships have to submit a berthing permit to Busselton prior to landing, so they can liaise with the Jetty to factor into the their daily operations. Busselton has a schedule two years out of cruise stopovers, so can plan ahead.

Busselton’s operation costs consist of:

1. Local Tourism Association: Margaret River Busselton Tourism Association (MRBTA) are paid a fee to manage specialised Cruise Ship Visitor Services (over and above their main visitor servicing fee paid to them by Busselton)

a. Cruise Visitor Servicing is paid per cruise ship stopover, on a sliding scale dependant on passenger numbers : e.g. 2000 plus passengers $3000, 1000 passengers or under $1500 Includes volunteer organisation, marquee greeting site, printed copies of CBD maps etc

b. City Hopper Bus provision (shuttle bus from Jetty to CBD locations) paid per cruise ship stopover, on a sliding scale dependant on passenger numbers 2000 plus passengers $1012, 1000 passengers or under: $506

c. Golf cart (mule) on Busselton Jetty for accessibility challenged passengers $340 per ship

1. Traffic management: Busselton needs to close down one road near Jetty to accommodate all of the tour coaches for the larger ships

a. 2000 plus passengers $900,

b. 1000 passengers or under: $0 (no road closure)

Total operation fees Busselton charge cruise ships:

1. Tender Berthing Permit Fee: $3000 per ship.

2. Passenger facilitation fee: paid per cruise ship stopover, on a sliding scale dependant on passenger numbers: 2000 plus passengers $3000, 1000 passengers or under: $1000.

Presently, Busselton says they are generating enough from fees and charges to cover the visitor servicing and other administrative costs.

Kimberley Port Authority (KPA)

Given the involvement of Port Authority’s in other regional locations, officers took the information provided by MWPA and CGG and rewrote it into a series of questions to the Kimberley Port Authority. KPA officers declined to give exact figures but responded:

“The KPA fees are based on use of infrastructure and labour. We charge berthage (use of the berth), port dues (harbour management, provision of Port security etc), equipment hire (gangways, cranes, forklifts etc), stevedoring labour and water (if they take water). There are no discounts offered to the cruise industry.

In terms of support to the cruise industry since 2019 we’ve invested approximately $17M in infrastructure specific to the cruise industry. This includes channel upgrades, new gangways, navigation aids and First Port of Entry (FPOE) infrastructure to try and encourage international calls. We are also currently seeking funding to further improve the FPOE infrastructure which will include a permanent passenger processing facility. In addition KPA are members of the Cruise Association and regularly attend cruise conferences around Australia to facilitate the cruise trade.”

Officers used publicly available information on vessel GRT to estimate what the 12 vessels arriving in Broome would pay if the KPA charged 0.43c (taken from information on the KPA website). These are the vessels that are in excess of 600 passengers. This does not include any other fees that are charged.

06/01/2024	REGATTA	$ 13,019.11
30/03/2024	Crystal Serenity	$ 22,102.00
12/02/2024	Volendam	$ 26,322.02
03/12/2024	Westerdam	$ 35,409.64
01/09/2024	Coral Princess	$ 39,399.61
09/09/2024	Coral Princess	$ 39,399.61
01/11/2024	Queen Elizabeth	$ 39,087.00
06/04/2024	Pacific Explorer	$ 33,299.63
28/04/2024	Pacific Explorer	$ 33,299.63
19/06/2024	Pacific Explorer	$ 33,299.63
29/11/2024	Resilient Lady	$ 47,300.00
10/11/2024	Crown Princess	$ 48,831.23
		$ 361,937.88

Cruise Ship Industry Benefits

In 2023, TourismWA launched the Western Australian Cruise Tourism Strategic Plan 2023-2033. The Kimberley, and Broome, feature frequently in the report, with a focus on ‘shoreside destination development’. The report states that Broome is 11^th in a table of the 15 top Australian destinations for Port/Destination ship visits.

“In Western Australia, Broome was the second most frequented port and is also a key port for expedition cruise ships. For the Kimberley directly, ACIL Allen (2018) estimated that expedition cruise tourism directly generated $24.3 million in Gross Value Added (GVA) to the Kimberley region in 2016– 17. This included $17 million from international cruise lines and the remainder by Australian operators. A further $12.2 million worth of flow-on value added was generated, resulting in a total GVA to the Kimberley’s economy of $36.5 million in 2016–17. This level of activity supported 222 direct and indirect Full Time-Equivalent (FTE) jobs.”

The following KPI’s were also mentioned which referenced Local Governments as being one of the responsible organisations:

· Support local cruise committees to develop destination welcome plans (non-port) for each destination to identify gaps to improve the welcome experience.

· Advocate for the resources to meet destination improvements.

· Enhance and support cruise ship welcome logistics including ground transport.

To date, TourismWA has not indicated what is requested of the Shire of Broome to further these objectives.

Conclusion and Recommendation on funding

It is clear from this review that Broome has tremendous potential for cruising, and with the establishment of FPOE this will only accelerate.

However, Broome may not be taking full advantage of the opportunity and Broome is an outlier in not having an agreement with their relevant port authority to support cruise ship visitation services.

Further to this, there have been confidential complaints that there is a gap in awareness of cruise ship visitation amongst business owners and concern about the quality of Broome’s service and the marketing of the area. This was exacerbated by Cruise Broome not receiving any funding from 2023/24.

Due to the complex and burdensome process on both Cruise Broome and Shire staff to acquit TAP funding, and as a result of the review of other LGAs support for cruise ship services, officers are recommending a change to the way financial support is provided to Cruise Broome. The changes proposed will offer a simpler process for allocation and acquittal of funding while also providing a transparent and accountable funding arrangement that streamlines processes for both parties.

Officers are proposing that instead of a lump sum amount for ‘cruise ship services’, funding instead be provided based on the number of cruise ships that visit Broome, dependant on the size of the vessel and number of passengers. This also reflects Cruise Broome’s change from hiring an employee coordinator to using a contractor to deliver the service, who is also paid per ship visit.

Cruise Broome has reviewed the 2024 Cruise Ship Schedule and provided the amounts that are requested for the remainder of this year. The 2025 Cruise Ship Schedule has not been confirmed at this time so it has been estimated based on what has been provided and the length of the vessel. An additional allocation of $418 for Traffic Management has been included for 2025, if adjustments to the TMP are required. The total cost for the coordinator services and TMP are calculated at $36,918, based on visitation.

The cruise ship schedule, with vessel size, date of arrival and passenger numbers has been listed as Appendix 1. This also shows where the calculation of proposed funding of $36,918 has come from.

Further, officers will review with the Kimberley Port Authority the level of support provided to cruise ship services and report back to Council before the next round of TAP Applications which will occur prior to November 2024.

CONSULTATION

Officers requested TourismWA’s feedback on 28 January, 2024, but they were unable to provide a response. Conversations about the broader implications and benefits of the cruising industry on Broome and tourism were had with the Chief Executive Officers of Australia’s North West, Broome Visitor Centre and the Broome Chamber of Commerce and Industry.

Officers also discussed Cruise Ship services with other local governments (as described earlier) and the Kimberley Ports Authority.

Officers have met with and engaged with Cruise Broome chairperson on multiple occasions, and have also had some conversations with some Cruise Broome board members as a result of enquiries.

Workshops were held with Council on Tuesday 7, Tuesday 14 and Tuesday 21 May. This included representation from Cruise Broome at the 14 May workshop.

STATUTORY ENVIRONMENT

Council has the right to grant funding and develop procedures to award such funding.

POLICY IMPLICATIONS

Assessed in accordance with the Tourism Administration Policy 3.4.9.

FINANCIAL IMPLICATIONS

Differential rating is applied to Commercial and Tourism rated properties in Broome to raise funds for the financial support offered under the TAP.

The TAP policy does not provide guidance or include recommended budget allocations. Budget allocations are made by a decision of Council.

Cruise Broome’s allocation of $36,918 will be added to the existing budget allocation, meaning a total request for TAP in 2024/25 is $360,000. This is an increase from $320,000 in 2023/24, where Cruise Broome were not allocated any funds, but is in line with prior years.

RISK

Option	Risk	Type	Rank	Mitigation
Community dissatisfaction with allocations	Perception that Shire process for providing funding is not fair and equitable	Reputational	Low	Allocations are at the discretion of Council.
Funding recipient dissatisfaction with allocations	Perception that Shire is not maximising the opportunity to support organisations providing social and economic benefits.	Reputational	Low
Poor return on investment	Services provided do not meet industry and visitor requirements	Financial	Medium	If successful, the applicant to provide regular update reports. Once the agreement is finalised, it will be acquitted. There will be scheduled payments, made retrospectively on provision of invoices for cruise day services.
Funding recipient doesn’t make any changes to business operating model	Ongoing reliance on the Shire to provide funding to maintain service levels	Financial	High	Agenda item includes recommendation that Shire officers begin conversations with KPA.
Lack of clarity round Cruise Broome’s activities and expenses.				Where Cruise Broome has provided logistic, administrative or other in-kind support to another organisation, this can be included as an outcome, but Cruise Broome’s role must be transparent. Payments will be linked to the Cruise Ship services provided on Cruising days, and in line with the size of the vessel, as per the annual Cruise schedule.

STRATEGIC ASPIRATIONS

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

Outcome 9 - A strong, diverse and inclusive economy where all can participate

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0524/070

Moved: Cr D Male Seconded: Cr M Virgo

That Council:

1. Consider for inclusion in the Municipal Budget for 2024/2025 an allocation of $36,918 (ex GST) to Cruise Broome Inc. and enters into a funding agreement with the following conditions:

(a) Payments shall be linked to provision of cruise ship visitation services for the arrival of a certain size of cruise ship vessel and the delivery of cruise ship services on the date of vessel arrival and/or departure;

(b) Where visitation services are not provided for a specified vessel, no funding shall be provided;

(c) Funding will not be provided for management and operational costs of Cruise Broome for such items as insurance and industry membership; and

(d) Operational updates are provided to the Shire of Broome every six months (or as requested by officers)

(e) A Traffic Management Plan must be submitted to and approved by the Shire of Broome prior to commencement of any use of any public road or parking space for delivery if any services

(f) Shire of Broome support should be acknowledged on Cruise Broome’s web site, Facebook Page and any other social media platforms, as well as any physical forms such as logos on portable shade structures, printed maps and brochures, with all acknowledgement to be recorded and reported during acquittal of the grant funding

(g) Any other conditions applicable to meet the funding criteria in the Tourism Administration Policy guidelines.

2. Reserves the right to withdraw or increase funding should the need to respond to economic impacts or disruptions.

3. Requests the Chief Executive Officer reports back to Council with recommendations about future funding arrangements for support of the Cruise Ship industry in Broome, including consideration of funding from the Kimberley Ports Authority, cruise ship operators and other key stakeholders, as well as opportunities to streamline funding to ensure that the burden of acquittal of grant funding is transparent, accountable and simple, prior to the next round of Tourism Administration Program funding applications, which is currently scheduled for October 2024.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr P Matsumoto, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY 7/0

Attachments

Attachment 1: Cruise Ship Schedule 2024_2025

Attachment 2: Cruise Broome TAP Application 2024_2025

Attachment 3: Cruise Broome Budget 2024_2025 (Confidential to Councillors and Directors Only)

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

Minutes – Ordinary Council Meeting 30 May 2024 Page 0 of 1

Shire President Cr Mitchell declared an Impartiality Interest in item 9.3.2, the reason being “I am a member of Native Animal Rescue Broome and hold the unpaid voluntary position of coordinator for the group”.

Cr Male declared a Financial Interest in item 9.3.2, the reason being “One of the Applicants is a direct client.”

Cr Virgo declared a Financial Interest in item 9.3.2, the reason being “One of the applicants is a paid member of the BVC (Matso’s)”.

Cr Cooper declared an Indirect Financial Interest in item 9.3.2, the reason being “Matso’s is relying on my quote.”.

Due to lack of quorum, Item 9.3.2 was deferred.

9.3.2 COMMUNITY DEVELOPMENT FUND APPLICATIONS 2024/25
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	GPC16
AUTHOR:	Economic Development Coordinator
CONTRIBUTOR/S:	Place Activation & Engagement Coordinator
RESPONSIBLE OFFICER:	Director Development Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

Council is requested to consider proposals for the Community Development Fund that have been received from organisations in response to the recent call for applications. Funding decisions will allow for allocations in the 2024/25 financial year and allocations for the Annual Budget in 2024/25.

BACKGROUND

Previous Considerations

OMC 27 April 2023 Item 13.1

OMC 30 March 2023 Item 9.3.1

OMC 15 December 2022 Item 9.3.1

OMC 28 April 2022 Item 9.3.2

SMC 21 December 2021 Item 5.3.1

The Community Development Fund (CDF) program funds organisations within the Shire of Broome to develop and run initiatives and events that deliver long-term social or economic benefits to the local community. The CDF Guidelines were adopted at the 15 December 2022 Ordinary Meeting of Council (OMC), following the amalgamation of the Events Development Fund (EDF) and the Annual Community Matched Fund (ACMF). This is the second year of CDF.

Community Development Fund Stream 1 applications are funded through a combination of Shire budgeted funds and Energy Developments Limited—West Kimberley Community Fund (EDL) grant funding. Stream 2 and 3 applications are allocated through the Shire’s annual budget.

The CDF is separated into 3 streams.

- Stream 1 is for community projects and initiatives seeking a funding contribution of $500 - $10,000;

- Stream 2 is for events seeking a funding contribution of $1,000 - $40,000;

- Stream 3 is for PEARL events seeking a funding contribution of more than $40,000 per year (invite only).

The application deadline for CDF closed on March 20, 2024. A total of 33 CDF applications were received. In this report, officers have summarised each application received and the recommended funding allocation for Council consideration.

COMMENT

Application Assessment Process

Each application was assessed in line with the CDF guidelines endorsed by Council. This involved:

After the closing date;  

1. Applications are reviewed for eligibility.

2. Applications are scored against the following criteria by an internal panel made up of community engagement and economic development officers: 

a) Quality of the project or event, taking into account the extent to which the application complements other activity planned or proposed in Broome and the legacy of the project for the Broome community.  

b) The extent to which the event, project or initiative addresses the fund objectives as per Section 2.

c) The credibility of the project budget and project delivery plan. 

d) Value for money in terms of impact, other funding sources secured and organisational need. 

Officers will also use the following balancing criteria if required. These will not be scored but may be taken into account when making final recommendations:  

e) balance of projects recommended for funding across type of project and demographics of beneficiaries. 

f) The initiative is a new activity within the Shire that helps fill a gap in current activity (i.e.: a new activity for an audience demographic currently under-catered for). 

g) New projects and organisations that have not received funding, or projects and organisations experiencing growth, may be prioritised over projects that have received funding previously for similar activity.  

h) The level of recognition that the Shire will receive for its funding of the project. 

Officers will present recommendations to a working group made up of elected members before submitting them to Council for approval at the Ordinary Meeting of Council in April 2024.

Officers with expertise in club development, place activation, and economic development convened to review applications against the criteria and recommend funding, following Steps 1 and 2 of the assessment process. Recommendations from this process are included under the Officer Recommendations column in the CDF Recommendations Table Attachment 1.

Step 3 (the Working Group) was streamlined this year to reduce the administrative burden on Council and Shire officers. Instead of a specific working group, Step 3 was undertaken through a Special Council Workshop, held on 8 April 2024. The workshop was attended by Cr Cooper, Cr Lewis, Cr Male, Cr Mitchell, Cr Smith, Cr Taylor, and Cr Virgo. A second workshop was held at the Shire on 21 May, 2024. This was attended by Cr Cooper, Cr Lewis, Cr Male, Cr Mitchell, Cr Smith and Cr Virgo.

Of the sponsorship applications received, 24 were reviewed under Stream 1, and 18 are recommended for funding.

In Stream 2, 9 applications were reviewed, and 7 were recommended for funding. A request for additional funding from Shinju Matsuri was considered under Stream 3.

As indicated below, some applications are not recommended due to non-compliance with the guidelines or other concerns.

Stream 1 Applications

Please see Attachment 1 for a detailed project description and the officer’s assessment of the application against the guidelines.

Broome Bullets Netball Club Inc

New Uniforms and Story of Our Club Culture

Requested: $2,000  

Recommended: $2,000

Funds were requested for new netball club uniforms. Due to the small funding request, the full amount is recommended. The applicant is required to include the Shire Logo on uniforms as recognition for the Shire's funding support.

Sammy the Dragon Broome

Sammy the Dragon 2024

Requested: $5,000  

Recommended: $2,500

Funds were requested for volunteer t-shirts and soft drinks. Due to Stream 1 budget constraints, the recommendation is to provide funding towards the volunteer t-shirts only through a one-year funding allocation. The applicant is required to incorporate the Shire Logo onto t-shirts, where space allows, as a gesture of recognition for the Shire's funding support.

Broome Town Band

Broome Town Band to Perform at Community Events

Requested: $3,923.40 

Recommended: $3,000

Funds were requested to purchase band scores and music stands. Due to Stream 1 budget constraints, a reduced amount is recommended.

Broome Catholic Church

Christmas Nativity Play

Requested: $3,716.50

Recommended: $2,500

Funds were requested for event costs. The recommendation is to provide funding for the hire costs of the Broome Civic Centre, including hall hire, cleaning, facilities assistant, and sound and lighting technician, at a one-year funding allocation. Due to Stream 1 budget constraints, catering and lolly bags funding was not recommended.

Pearl Coast Gymnastics’ Club

Broome Gymnastic Competition

Requested: $8,755

Recommended: $6,000

Competition in Broome with pathways to the State Championships in Perth in October 2024. Funds were requested for event costs, including venue hire, catering, and medals. Due to Stream 1 budget constraints, a reduced amount is recommended.

Broome Tri Club

Project – Next Level

Requested: $9,350

Recommended: $6,000

Funds were requested for uniforms, venue hire, trailer renovation, flights, and accommodation (Juniors representing Broome at the Secondary Champion Schools Triathlon in Perth). As a condition of funding support, the applicant must provide a Traffic Management Plan for their Triathlon event in Broome. The applicant is also required to include the Shire Logo on uniforms, space permitting, to acknowledge the Shire funding contribution. Due to Stream 1 budget constraints, a reduced amount is recommended.

Judo Broome

Judo Broome – Establishing a new Judo Club in Broome

Requested: $10,000

Recommended: $5,000

Funds were requested for equipment, marketing, venue hire, and contracting a fitness instructor. The recommendation is to provide funding for equipment costs and venue hire. Marketing funding was not supported, and a request for a fitness instructor was not recommended (ineligible expense).

Broome Little Athletics Centre

WA State Junior Track & Field Championships 2025 (Perth Competition held March 2025)

Requested: $10,000

Recommended: $6,000

Funds were requested for flight costs and registration fees for athletes aged 8-12 to attend the Perth Championships. Due to Stream 1 budget constraints, a reduced amount is recommended.

Broome Squash Club

Broome Squash Cub Invitational

Requested: $7,900

Recommended: $3,000

Multi-year funds were requested for event costs for the Opening and Closing Ceremonies. The recommendation is to fund the budget expenses for the Opening Ceremony, excluding the welcome packs; this includes venue hire costs, catering, and photographer. Due to Stream 1 budget constraints, providing funding for the additional Closing Ceremony was not recommended.

Broome Historical Society Inc

Oral History Training

Requested: $2,794.30

Recommended: $2,794.30

Funds were requested for training fees. Due to the small budget request, the full amount is recommended.

Incredible Edible Broome Incorporated

Grooves in the Garden: Cultivating Sustainable Food Communities

Requested: $10,000

Recommended: $6,000

Funds were requested for event costs. The recommended amount is to contribute towards performer costs, equipment hire, and consumables. The applicant has incorrectly listed income as an expense, reducing their financial contribution. Funding for project administration and management was not recommended (ineligible expense).

Broome Men’s Shed Inc

BMS ‘Restoration of Chinese Rickshaws’

Requested: $4,000

Recommended: $2,500

Funds were requested for materials, sandblasting, and upholstery. Due to Stream 1 budget constraints, a recommendation for decreased funding was made. The applicant must sign an agreement to confirm expenditures in the 2024/25 financial year.

Helping Minds

Coming Together

Requested: $10,000

Recommended: $6,000

Funds were requested for art supplies and materials, catering, and the artist's fee. Due to Stream 1 budget constraints, a recommendation for decreased funding was made. The mural design and location are pending Shire's approval.

Sharing Stories Foundation Limited

Sharing Stories Media Hub

Requested: $9973.86

Recommended: $6,000

Funds were requested for media equipment. Due to Stream 1 budget constraints, a recommendation for decreased funding is made.

Broome Towns Sports Club

Broome Towns Sports Club upgrade of resources

Requested: $7079

Recommended: $1,500

Funds were requested for a gazebo and ice machine, venue and lighting, and on-site physio. The applicant has not matched the grant; $1500 was provided in-kind, with no cash contribution. Recommend funding $1500 towards the ice machine.

RSPCA WA

RSPCA WA Community Action Day

Requested: $9700

Recommended: $6,000

Funds were requested for pet food, pest treatments, microchips, marketing, flights, and accommodation. This is a recommendation for decreased funding due to Stream 1 budget constraints. The recommended amount contributes to parasite treatments, microchips and online registration costs, marketing, and flight costs. Due to concerns raised by a local business, it is recommended that funding for dog and cat food is not supported.

Broome Soccer Association

Development Camp and Northwest Championship

Requested: $27,200 (Originally Stream 2 application)

Recommended: $6,000

Applicant applied under Stream 2. Officers recommend it be accessed under Stream 1 as it better aligns with the Stream 1 guidelines. Low cash contribution but eligible applicant and project. Funds were requested for uniforms, catering, accommodation, registration fees, and bus hire.

Floorball Broome

Broome Floorball Development Camp

Requested: $12,500  

Recommended: $6,000

Applicant applied under Stream 2. Officers recommend it be accessed under Stream 1 as it better aligns with the Stream 1 guidelines. The project is a three-day intensive training camp scheduled from May 1st to May 5th, 2025. Recommend funding for Floorball WA Camp facilitation fees (State coaches, referees and goal keepers).

Not Recommended

Ashoka  

Ashoka Golf Clinic Sport  

Requested: $1,877  

Reason: Applicant did not meet the eligibility criteria due to not being an incorporated local organisation and project dates not aligning with grant guidelines.

Native Animal Rescue Broome Inc

NARB Marine Turtle ‘Solar Monitoring and Security Project’

Requested: $10,000 

Reason: The property is a Parks and Wildlife-owned site leased to NARB. Consideration given to guidelines criteria on ineligible expenses: leasehold improvements.

The Skill Engineer Ltd

The Blackman Block Project

Requested: $10,000

Reason: This project has value from a youth development perspective, but the applicant owns the property; therefore, this project, which involves fabricating a fence, can be seen as property improvement. Consideration is given to this plus annual turnover criteria.

Pilbara Kimberley University Centres (Broome)

STEM in Sport: research Human Energy Systems

Requested: $10,000

Reason: It is not recommended due to the applicant's annual turnover and uncertainty surrounding the Shire’s role in engaging with the school curriculum.

Spaghetti Confetti

Spaghetti Confetti in Bidyadanga and Beyond

Requested: $2000

Reason: Applicant did not meet the eligibility criteria due to being a business operating outside of Broome.

Cancer Council

The Life Now Program: Supportive Care for People Impacted by Cancer

Requested: $5730.08

Reason: Applicant did not meet the eligibility criteria due to not being based in Broome and consideration of annual turnover criteria.

Stream Two Applications

Please see Attachment 2 for a detailed project description and the officer’s assessment of the application against the guidelines.

Broome Performing Arts Co

End of Year BPAC Concert - (Ferngully 2024)

Requested: $10,000

Recommended: $7,185

BPAC’S annual end of year concert. Shire of Broome was recommended to fund the cost of Civic Centre rental ($7,185).

Broome Bowling Club  

Broome Bowling Events 2024/ 2025

Requested: $20,257

Recommended: $15,000

The Broome Bowling Club is seeking funding to host two events the annual Shinju Matsuri Open Tournament, and the second is the Broome Open Pairs Championship. Both are three—to four-day events that see competitors and 32 teams from across Australia compete for prizes and recognition.   Shire financial support was requested for the opening ceremony, entertainment, the presentation dinner and competition shirts.  

Matso's Broome Brewery

Matso's Street Festival

Requested: $40,000

Recommended: $10,000

Matso's uses Carnarvon Street to create a street style festival with multiple food cans, pop up bars, and a large curtain sider truck to be used as a stage, providing live entertainment. Matso's Food Truck Fumiko and five additional food vendors will be operating, with live music from 11am -10pm (bands and DJs).

Matso’s is a commercial operator but this aligns with the Stream 2 TAP guidelines. Matso’s requested support for toilets and security. Reduced support was offered because it is the first event the Shire has supported from this applicant.

Theatre Kimberley  

Sandfly Circus End of Year Show

Requested: $ 23,900  

Recommended: $19,191

The Sandfly Circus annual production will feature a six-week residency, involving participation from local students from Broome and Beagle Bay. Shire support was requested for rental of the BRAC, professional fees and production costs.   Some expenses were not considered eligible.

Touch Football Australia

Requested: $ 5,500

Recommended: $2,500

Beach Touch Footy is an annual one - day event that is held on Cable Beach. Shire is supporting venue hire and permits, equipment hire, staff travel and accommodation, promotion, food and stationary. Some expenses were not considered eligible.

Bidyadanga Aboriginal Community La Grange (BACLG)

Bidyadanga Music Week

Requested: $10,000

Recommended: $10,000

BACLG will hold an event at the Bidyadanga Oval from 2pm-9pm on Wednesday September 25th 2024. Shire of Broome will support artist payment, petrol, Perth-based flights, and local businesses providing services. The second event will take place at the Roey ‘Oasis Bar’ from 8pm on Friday September 27th. This event is for everyone in Broome to witness the show.

Broome Circle

Requested: $30,112.90

Recommended: $10,671

Shire Officers are recommending support for Broome Circle to host two events; the Harmony Week Dinner, an annual event that celebrates the rich cultural diversity of Broome, fostering a sense of belonging and community cohesion. The second event recommended for support is the Dance through the Era's –an event held at the Civic Centre for seniors to celebrate music styles over time.

Shire supports the Civic Centre venue hire, catering, cleaning, and other local business services. Some expenses and activities that were not considered ‘events’ were not considered eligible.

Not Recommended

Broome Barracudas Swimming Club

Swim Clinic Broome

Requested: $20,000

Broome Barracudas is seeking funding to get a trained coach to run a swim clinic in Broome, for a weekend 2-day camp.

Reason: No cash contribution towards the project and incomplete application.

Edith Cowan University

Tax Clinic

Requested: $15,000

Reason: Ineligible project.

REQUEST FOR ADDITIONAL FUNDING UNDER STREAM 3– SHINJU MATSURI INC.

Shinju Matsuri Inc. has requested increased funding due to the challenges of inflation and rising costs. They have requested an extra $20,000 in addition to the amount already allocated for 2024/25 ($77,500).

Festival Finale Drone Show – $10,000

Last year, the fireworks show was cancelled due to costs and environmental concerns. Shinju Matsuri believes a drone show can draw visitors back. To fund the $30,000 drone show, they are seeking $10,000 from the Shire of Broome, in addition to the $20,000 secured from the Broome International Airport.

Shinju Matsuri plans to use preexisting content from their preferred drone supplier, Stellar Lights and hopes to include unique elements specific to Broome in the show. Funding this initiative will not only enhance the Festival Finale but also contribute to Broome's cultural richness. Officers will confirm whether the Shire will have naming rights to the Drone show.

$10,000 - Festival Hub Enhancement

Shinju has requested $10,000 to improve the infrastructure at the Festival Hub, including equipment for the bar container and extra furniture. In 2022, funding from the Shire helped Shinju acquire and modify two shipping containers for the bar and storage. The aim now is to make these containers and the hub area safer and more compliant, with improved functionality and service offerings.

The enhancements, like custom furniture and storage, will expand the food and beverage offerings at the hub, which has been requested by visitors and ensure compliance with food safety standards and event permits.

Officers recommend that the Shire of Broome support both requests for funding.

CONSULTATION

The CDF program was open from 10 January to 20 March 2024.

The CDF program was advertised via the Shire website, Facebook, the Shire News section in the Broome Advertiser, Radio ads, and targeted emails to community and sporting groups. Previous applicants were also notified of the rounds' opening and closing dates.

Shire officers provided feedback to seven community groups before the closing date.

STATUTORY ENVIRONMENT

Nil.

POLICY IMPLICATIONS

Council has the right to determine funding allocations as per the CDF Guidelines.

FINANCIAL IMPLICATIONS

The Community Development Fund for Streams 1, 2, and 3 is allocated through the annual budget. Council has the right to determine the funding allocations annually and across each stream depending on the quality and quantity of funding applications.

Attachment 1. Stream 1

Community Development Fund Stream 1 applications are funded through Shire budgeted funds and Energy Developments Limited—West Kimberley Community Fund (EDL) grant funding.

EDL funding is provided through Reserve Funding, which currently has a balance of $26,628. Should the officer’s recommendations be supported, applications will be recommended to EDL for funding if they meet the EDL-specific guidelines. Funding for projects determined to be eligible through EDL will be assigned to that relative account.

The Shire signed a Memorandum of Understanding with EDL on 8 August 2011; according to the agreement, the monies must be fully distributed within fifteen years. Through consultation with Shire officers, EDL has generously agreed to contribute an additional $50,000 to the West Kimberley Community Fund, which will be used for the final two years of the MOU agreement, 2025-26 and 2026-27.

The table below outlines the recommendations to the Council with a requested Shire budget allocation of $69,894.30 and a total EDL contribution of $26,500.00.

Applicant	Funding Source	2024-25	2025-26
Broome Sports Association (multi-year)	Shire	$10,000.00	$10,000.00
Broome Lotteries House (multi-year)	Shire	$7,600.00	$7,600.00
Broome Bullets Netball Club Inc	Shire	$2,000.00
Sammy the Dragon Broome	Shire	$2,500.00
Broome Town Band	Shire	$3,000.00
Broome Catholic Church	4. Shire	5. $2,500.00
Pearl Coast Gymnastics’ Club	Shire	$6,000.00
Judo Broome	Shire	$5,000.00
Broome Little Athletics Centre	6. Shire	7. $6,000.00
Broome Squash Club	8. Shire	9. $3,000.00	$3,000.00
Broome Historical Society Inc	Shire	$2,794.30
Broome Towns Sports Club	Shire	$1,500.00
RSPCA WA	Shire	$6,000.00
Broome Soccer Association	Shire	$6,000.00
Floorball Broome	Shire	$6000.00
Incredible Edible Broome Incorporated	EDL	$6,000.00
Broome Men’s Shed Inc	EDL	$2,500.00
Helping Minds	EDL	$6,000.00
Sharing Stories Foundation Limited	EDL	$6,000.00
Broome Tri Club	EDL	$6,000.00
TOTAL		$96,394.30	$20,600

Attachment 2. Stream 2 & 3

Community Development Fund for Streams 2 and 3 is allocated through the annual budget, with $265,000 typically allocated in previous years. Council has the right to determine the funding allocations every year, and across every stream depending on the quality and quantity of applications for funding. Funding for eligible Stream 2 projects that are approved will inform the final 2024/25 Annual Budget.

Proposed for inclusion in the 2024/5 Annual Budget are pre-approved projects that were already allocated:

· Broome Aboriginal Media Association NAIDOC - $10,000 (3 years funding) approved allocated from Stream 2 (Minute No. C/0422/016)

· Shinju Matsuri Inc - $77,500 approved March OMC allocated from Stream 3 (Minute No C/0323/025)

· Kimberley Arts Network for the Broome Fringe Festival, $11,035 a year for 3 years (Minute No. C/0423/027)

· Ramu Productions for the event Cinefest Oz Broome for $30,000 for 2 years. (Minute No. C/0423/027)

With the new proposed funding for events of $$94,547 this will result in a total spend of $ $223,082 for 2024/25 in CDF Stream 2 and 3.

Event & Organiser	2024-25	2025-26
Kimberley Arts Network - Broome Fringe Festival	$11,035.00	$11,035.00
Broome Aboriginal Media Association - NAIDOC	$10,000.00
RAMU Productions - Cinefest Oz	$30,000.00
Shinju Matsuri Festival	$77,500.00
Broome Performing Arts Co - Ferngully 2024	$7,185.00
Broome Bowling Club - Events 2024/25	$15,000.00
Matso's Broome Brewery - Matso's Streetfest	$10,000.00
Theatre Kimberley - Sandfly Circus	$19,190.00
Touch Football Australia - Beach Touch Footy	$2,500.00
Bidyadanga Aboriginal Community La Grange (BACLG) - Music Week	$10,000.00
Broome Circle - Harmony Week	$10,671
Shinju Matsuri 2024	$20,000.00
TOTAL	$223,082.00	$11,035

RISK

	Risk	Type	Rank	Mitigation
Community dissatisfaction with allocations	Perception the Shire is not maximising opportunity to support organisations providing social and economic benefits	Reputational	Medium	Most applications were funded at the requested amount. Where insufficient detail was provided or ineligible expenses were requested then officers will follow up with applicants for future years.
Funding recipient dissatisfaction with allocations	Perception the Shire is not maximising opportunity to support organisations providing social and economic benefits.	Reputational	Low	Guidelines have been put in place establishing eligibility criteria.

STRATEGIC ASPIRATIONS

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

Outcome 9 - A strong, diverse and inclusive economy where all can participate

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Recognises the success of the Shire’s ongoing collaboration with Energy Developments Limited and requests that a letter of thank you be drafted from the Shire President to Energy Developments Limited, with acknowledgement posted in the Shire newsletter and social media.

2. Approves the allocation of the following amounts to the applicants under Stream 1 of the Community Development Fund and considers for inclusion in the 2024/25 annual budget:

(a) Broome Bullets Netball Club Inc, for New Uniforms $2,000

(b) Sammy the Dragon Broome, for Sammy the Dragon 2024 $2,500

(c) Broome Town Band, for Broome Town Band to Perform at Community Events $3,000

(d) Broome Catholic Church, for Christmas Nativity Play $2,500

(e) Pearl Coast Gymnastics’ Club, for Broome Gymnastic Competition $6,000

(f) Broome Tri Club, for Project – Next Level, $6,000

(g) Judo Broome, for Judo Broome $5,000

(h) Broome Little Athletics Centre, for WA State Junior Track & Field Championships 2025 $6,000

(i) Broome Squash Club, for Broome Squash Club Invitational $3,000 as two-year agreement

(j) Broome Historical Society, for Oral History Training $2,794.30

(k) Incredible Edible Broome Incorporated, for Grooves in the Garden $6,000

(l) Broome Men’s Shed Inc, for BMS ‘Restoration of Chinese Rickshaws’$2,500

(m) Helping Minds, for Coming Together $6,000

(n) Sharing Stories Foundation Limited, for Sharing Stories Media Hub $6,000

(o) Broome Towns Sports Club, for Broome Towns Sports Club upgrade of resources $1,500

(p) RSPCA WA, RSPCA WA Community Action Day, $6000

(q) Broome Soccer Association, Development Camp and Northwest Championships, $6000

(r) Floorball Broome, Floorball Development Camp, $6000

3. Approves the allocation of the following amounts to the applicants under Stream 2 of the Community Development Fund and considers for inclusion in the 2024/25 annual budget:

(a) Broome Performing Arts Cooperative, for the End of Year BPAC Concert - (Ferngully 2024) Event for $7,185; and

(b) Broome Bowling Club for the Broome Bowling Events 2024/24 for $15,000; and

(c) Matso's Broome Brewery for the event Matso's Street Festival for $10,000; and

(d) Theatre Kimberley for the Sandfly Circus Event for $19,191; and

(e) Touch Football Australia for the Beach Touch Footy Event for $2,500; and

(f) Bidyadanga Aboriginal Community La Grange (BACLG) for the Bidyadanga Music Week Event for $10,000; and

(g) Broome Circle for the Harmony Week Community Dinner for $10,671.

4. Approves the allocation of the following amount to the applicant under Stream 3 of the Community Development Fund and considers for inclusion in the 2024/25 annual budget:

a) Shinju Matsuri Inc for the 2024 Shinju Matsuri festival an additional $20,000.

Due to lack of quorum, Item 9.3.2 was deferred.

Attachments

1.	ATTACHMENT 1. CDF RECOMMENDATIONS SPREADSHEET SLIPSTREAM 1
2.	ATTACHMENT 2. CDF RECOMMENDATIONS SPREADSHEET SLIPSTREAM 2 & 3

Minutes – Ordinary Council Meeting 30 May 2024 Page 0 of 1

9.4 Performance

9.4.1 MONTHLY PAYMENT LISTING - APRIL 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Coordinator Financial Operations
CONTRIBUTOR/S:	Manager Financial Services
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 April 2024.

BACKGROUND

The Chief Executive Officer (CEO) has delegated authority via Delegation 1.2.20 Payments from the Municipal or Trust Funds, to make payments from the Municipal and Trust funds as per budget allocations and in line with applicable policies.

COMMENT

The Shire provides payments to suppliers by Electronic Funds Transfer (EFT and BPAY), cheque, credit card or direct debit. Attachment 1 provides a list of all payments processed under delegated authority in April 2024.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

12. Payments from municipal fund or trust fund, restrictions on making

(1) A payment may only be made from the municipal fund or the trust fund —

(a) if the local government has delegated to the CEO the exercise of its power to make payments from those funds — by the CEO; or

(b) otherwise, if the payment is authorised in advance by a resolution of the council.

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; and

(b) the amount of the payment; and

(c) the date of the payment; and

(d) sufficient information to identify the transaction.

(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.

13A. Payments by employees via purchasing cards

(1) If a local government has authorised an employee to use a credit, debit or other purchasing card, a list of payments made using the card must be prepared each month showing the following for each payment made since the last such list was prepared —

(a) the payee’s name;

(b) the amount of the payment;

(c) the date of the payment;

(d) sufficient information to identify the payment.

(2) A list prepared under sub regulation (1) must be —

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

(b) recorded in the minutes of that meeting.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

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

Note: Personnel payments in this analysis include payroll, superannuation (contained within Direct Debit type payments), payroll tax and other deductions (contained within the EFT Payments type payments).

A pie chart of a pie chart

Description automatically generated

The above graph shows the percentage of local spend in comparison to non-local and recoupable spend for April 2024 after $1,270,882.94 in personnel payments, $175,919.83 in utilities and other non-local sole suppliers were excluded.

YEAR TO DATE CREDITOR PAYMENTS

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

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 ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 12 - A well informed and engaged community

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0524/071

Moved: Cr M Virgo Seconded: Cr P Taylor

That Council:

1. Receives the list of payments made from the Municipal and Trust Accounts in April 2024 totalling in $4,071,147.19 (Attachment 1) per the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a) EFT Vouchers EFT74289 – EFT74813 totalling $3,056,940.88;

b) Municipal Cheque Vouchers 57830 - 57831 totalling $7,759.51;

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

d) Municipal Direct Debits DD33237 – DD33270 including payroll totalling $976,669.42.

2. Receives the list of payments made by credit cards in April 2024 totalling $29,777.38 (contained within Attachment 1) per the requirements of Regulation 13A of the Local Government (Financial Management) Regulations 1996 covering EFT Vouchers EFT74870 – EFT74896.

3. Notes the local spend of $1,504,449.33 included in the amount above, equating to 57% of total payments excluding personnel, utility and other external sole supplier costs.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr P Matsumoto, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	MONTHLY PAYMENT LISTING - APRIL 2024

Minutes – Ordinary Council Meeting 30 May 2024 Page 0 of 1

9.4.2 MONTHLY FINANCIAL REPORT - APRIL 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Senior Finance Officer
CONTRIBUTOR/S:	Manager Financial Services
RESPONSIBLE OFFICER:	Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

Council is required under Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR) to consider and adopt the Monthly Financial Report for the period ended 30 April 2024.

BACKGROUND

Council is provided with the Monthly Financial Report, which has been prepared in line with statutory reporting obligations and includes the:

· Statement of Financial Activity by nature classifications (satisfying Regulation 34 of the FMR);

· Statement of Financial Position (satisfying Regulation 35 of the FMR);

· Basis of Preparation;

· Statement of Financial Activity Information - the adjustments to the Statement of Financial Activity and Net Current Assets Position which agree to the surplus/deficit position (satisfying Regulation 32 of the FMR), and

· Explanation of material variances to year-to-date budget (satisfying Regulation 34 of the FMR);

Supplementary information has been provided per Regulation 34(2) of the FMR to provide Council with a holistic overview of the operations of the Shire of Broome. The Supplementary Information notes include:

· Cash and financial assets;

· Reserve accounts;

· Capital acquisitions – summarised by asset class, detailed to project, plant disposals;

· Aged payables;

· Borrowings;

· Grants – detailed listing of operating grants, capital grants and contributions;

· Detailed list of Council adopted Budget amendments – by nature classification.

COMMENT

The 2023/24 Annual Budget was adopted at the Special Meeting of Council on 11 July 2023. The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

Budget Year elapsed 83.33%

Total Rates Raised Revenue 100% (of which 95.55% has been collected)

Total Other Operating Revenue 83%

Total Operating Expenditure 76%

Total Capital Revenue 32%

Total Capital Expenditure 32%

Total Sale of Assets Revenue 60%

More detailed explanations of variances are contained in Note 3 of the Monthly Financial Report. The commentary identifies material variations between the expected year-to-date budget position and the position at the reporting date.

Based on the 2023/24 Annual Budget presented at the Special Meeting of Council on 11 July 2023, Council adopted a balanced budget to 30 June 2024. The 2022/23 final end-of-year position was adopted by Council at the SMC on 21 December 2023, through the 2022/23 Annual Financial Statements.

The Amended Annual Budget reflects all Council adopted budget amendments to date, including quarter 1, 2 and quarter 3 reviews, and budget amendments adopted by Council through individual agenda items. The amended budget forecasts a deficit position at 30 June 2023 of $256,013 as presented through the quarter 3 Finance and Costing Review. It is noted that this is a forecast, and the true final closing position for 2023/24 will be arrived at following end of year adjustments and the conclusion of the external audit process.

The structure and format of the April 2024 Monthly Financial Report and upcoming monthly reports has been prepared to comply with the current FMR standards. The layout of the report and supporting notes is intended to be consistent with other statutory reporting requirements including the annual budget, budget review and annual report. The statutory reporting requirements are presented at the beginning of the report, followed by supporting notes, and is intended to provide an easy to read snapshot of the operations of the Shire and monthly progress against the annual budget. Officers will review the reporting layout periodically as industry and regulatory changes evolve.

Budget Amendments

A contract appointment has been engaged to cover the Director of Corporate Services’ long service leave, which spans both the 2023/24 and 2024/25 financial years. Council are requested to approve the transfer of $23,566 from the leave reserve to fund the cost of the contractor appointment, for the 2023/24 portion of this contract. This requires an absolute majority as these are budget amendments:

Transfer $23,566 from account GL 101423200 Transfer From Leave Reserve to account GL 101422310 $23,566 Consultants Corporate Services.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

The Local Government (Financial Management) Regulations 1996 were amended (SL2023/106) and published on 30 June 2023. The changes, effective from 1 July 2023, have an impact on the reporting of the financial activity statement required each month (Section 34). The below outlines the new reporting requirement under Section 34:

34(1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22 (1)(d), for the previous month (the “relevant 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); and

(b) budget estimates to the end of the relevant month; and

(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 relevant month and a note containing a summary explaining the composition of the net current assets.

34(1B) The detail included under subregulation (1)(e) must be structured in the same way as the detail included in the annual budget under regulation 31(1) and (3)(a).

34(1C) Any information relating to exclusions from the calculation of a budget deficiency that is included as part of the budget estimates referred to in subregulation (1)(a) or (b) must be structured in the same way as the corresponding information included in the annual budget.

34(2) Each statement of financial activity is to be accompanied by documents containing-

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

34(3) The information in a statement of financial activity may be shown according to nature classification.

34(4) A statement of financial activity, and the accompanying documents referred to in subregulation (2), are to be —

(a) presented at an ordinary meeting of the council within 2 months after the end of the relevant month; and

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

34(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.

An amendment to the Local Government (Financial Management) Regulations 1996, effective from 1 August 2023, is the addition of Regulation 35, with Local Governments now required to report a financial position statement each month. The additional Regulation 35 is as follows:

35(1) A local government must prepare each month a statement of financial position showing the financial position of the local government as at the last day of the previous month (the previous month) and —

(a) the financial position of the local government as at the last day of the previous financial year; or

(b) if the previous month is June, the financial position of the local government as at the last day of the financial year before the previous financial year.

35(2) A statement of financial position must be —

(a) presented at an ordinary meeting of the council within 2 months after the end of the previous month; and

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

Local Government Act 1995

Section 6.4 – Financial report

Section 6.8 – Expenditure from municipal fund not included in the budget.

The attached report aligns to the statutory requirements of monthly reporting to Council, including the presentation of the statement of financial position.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

The Monthly Financial Report is a retrospective summary of the Shire’s operations to the end of the preceding month, presenting the current budget adopted by Council and actual results. The financial implications associated with adopting the Monthly Financial Report are therefore nil.

All budget amendments are approved through Council by absolute majority, and the full list of adopted budget amendments for the financial year are contained within Supplementary Information Note 15 of the Monthly Financial Report.

The audited opening position for the 2023/24 financial year is presented in the attachment as adopted by Council at the SMC on 21 December 2023.

The two proposed budget amendments will increase materials and contracts (operating expenditure) and increase transfers from reserve (inflow from financing activities).

RISK

The Monthly Financial 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 ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 11 - Effective leadership, advocacy and governance

Objective 11.2 Deliver best practice governance and risk management.

Outcome 12 - A well informed and engaged community

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

Outcome 13 - Value for money from rates and long term financial sustainability

Objective 13.1 Plan effectively for short- and long-term financial sustainability

Objective 13.2 Improve real and perceived value for money from rates.

Outcome 14 - Excellence in organisational performance and service delivery

Objective 14.3 Monitor and continuously improve performance levels.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/0524/072

Moved: Cr D Male Seconded: Shire President C Mitchell

That Council:

1. Receives the Monthly Financial Report for the period ended 30 April 2024 as attached; and

2. Approves budget amendments of $23,566 from Account 101423200.26 Transfer From Leave Reserve to Account 101422310.34 Consultants Corporate Services, to support the contract appointment covering employee long service leave.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr P Matsumoto, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 7/0

Attachments

1.	Monthly Financial Report - April 2024

Minutes – Ordinary Council Meeting 30 May 2024 Page 0 of 1

10. Reports of Committees

10.1 MINUTES AND RECOMMENDATIONS FROM THE JOINT MEETING OF KIMBERLEY ZONE OF WALGA AND KIMBERLEY REGIONAL GROUP HELD ON 19 APRIL 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	KRG01
AUTHOR:	Executive Assistant to Chief Executive Officer
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Chief Executive Officer
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

This report presents for Council endorsement the Minutes from the joint meeting of the Kimberley Zone of the Western Australian Local Government Association (WALGA) and Kimberley Regional Group held on 19 April 2024.

BACKGROUND

A copy of the minutes from the Kimberley Zone of WALGA (Kimberley Zone) and the Kimberley Regional Group (KRG) meeting held 19 April 2024 are attached for Council consideration (Attachments 1 and 2).

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

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

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

The Shire of Wyndham East Kimberley accepted the Secretariat role for the Kimberley Zone / KRG late in 2021.

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 2024

Reports from Representatives

· WALGA –

o Karen Chappel, President,

o Nick Sloan, CEO

o Emma Heys, Governance Specialist

· Department of Communities, Renee Gioffre, Kimberley Executive Director

· RDA Kimberley – Janine Hatch, Director

· Australia’s North West Tourism – Bill Tatchell, CEO

· Department of Local Govt, Sport and Cultural Industries – Tom Chapman, Regional Manager Kimberley (Written report attached)

· Kimberley Development Commission - Chuck Berger, CEO

Reports from Kimberley Country Zone

The following table provides a summary of Matters for Decision that will be considered at the WALGA State Meeting on 1 May 2024, and provides an update on Matters for Noting.

Matters for Decision

WALGA Recommendation

7.1

Waste Levy Advocacy Position

That State Council:

1. Replace the existing WALGA Waste Levy Policy Statement and Advocacy Position 7.4 Waste Management Funding:

Local Government considers that:

1. Waste Avoidance and Resource Recovery Levy funds should be hypothecated to strategic waste management activities in line with the State Waste Strategy and strongly opposes the application of the Levy to non-waste management related activities, such as funding State Government core activities; and

2. The Levy should not be applied to licensed landfills outside the metropolitan area.

2. Endorse a new Waste Levy Advocacy Position as follows:

The Waste Avoidance and Resource Recovery Levy (the Levy) was established in WA to fund programs relating to the management, reduction, reuse, recycling, monitoring or measurement of waste and administering the fund. The current Levy is applied to waste generated, or landfilled, in the Perth metropolitan area.

Currently, only 25% of the collected funds are retained for strategic waste management activities, 75% are allocated to the ongoing operations of the Department responsible for administration of the Levy.

Local Government considers that:

1. The Waste Avoidance and Resource Recovery Levy funds must be fully hypothecated to strategic waste management activities in line with the State Waste Strategy and not be used for non-waste management related activities, such as funding State Government core activities.

2. Strategic waste management activities funded by the State Government should:

a. Provide adequate funding and support for Regional Councils, non-metropolitan and metropolitan Local Governments;

b. Reflect the targets and priorities within the Waste Strategy;

c. Fully fund and acknowledge the life cycle costs of infrastructure and services; and

d. Facilitate the development, implementation and ongoing operation of Product Stewardship Schemes.

3. The Levy should not be applied to waste generated in the non-metropolitan area as it is not feasible, or appropriate, to implement the Levy in areas with a limited rate base, access to markets for recycled materials, economic growth and resources to manage such a change.

4. The Levy should not be applied to waste received at premises undertaking licensed activities whose primary purpose is resource recovery.

5. The Levy must be supported by a clear, evidence-based rationale to demonstrate the suitability of how charges are set, how and where funds are allocated, and the extent to which it is delivering on its objectives.

EXECUTIVE SUMMARY

• The Waste Levy and Strategic Waste Funding Policy Statement was first endorsed in 2008 and was amended in 2018.

• The Statement outlines the Local Government position on levies charged on the weight or volume of waste received at licensed premises and the application of those funds to waste management activities.

• In 2023, the WA Government published the findings of a Review of the Waste Avoidance and Resource Recovery (WARR) Levy. The consultation summary report and supporting consultant report can be accessed on the Department of Water and Environmental Regulation (DWER) website.

• Key outcomes of the Levy Review included a five-year schedule of increases and a commitment to investigate extending the levy boundary to regional areas.

- The new Waste Levy Advocacy Position uses contemporary language emphasises: Full hypothecation of the Levy;

- The key areas of expenditure for the Levy;

- Opposition to the expansion of the Levy’s geographic application;

- Opposition to the application of the Levy to resource recovery activities; and

- The need for a clear evidence-based rationale for setting and expending the Levy.

The Municipal Waste Advisory Council (MWAC) endorsed the new Advocacy Position in February 2024.

ATTACHMENT

• Waste Levy Policy Statement

8.1

Environment Policy Team Report

That State Council note the matters considered by the Environment Policy Team at its meeting on 6 March 2024.

1. PORTFOLIO UPDATES

The Policy Team was provided with updates on:

· Urban Forests o The release of WALGA’s model Tree Retention Local Planning Policy (LPP);

· Round One of the Local Government Urban Greening Grant Program; and

· The State Government’s announcement of the development of a Perth and Peel Urban Forest Strategy.

· Polyphagous Shot Hole Borer;

· The State Government’s consideration of the Report of the Independent Panel’s Review of the Biosecurity and Agriculture Management Act 2007 ;

· Local Government planning fees and charges – the Minister for Planning; Lands; Housing; Homelessness has agreed to a comprehensive review; and

· Native vegetation clearing permit assessment timeframes.

8.2

Governance Policy Team Report

That State Council note the report from the Governance Policy Team.

The Governance Policy Team have not held a meeting since the last State Council meeting in March.

A meeting of the Governance Policy Team will be scheduled to occur in May, where the following key items of business will be presented:

• Standardised Meeting Procedures Submission

• Elections Review Report

8.3

Infrastructure Policy Team Report

That State Council note the matters considered by the Infrastructure Policy Team at its meeting on 6 March 2024.

1. MATTERS FOR STATE COUNCIL DECISION

Nil

2. MATTERS FOR STATE COUNCIL NOTING

The Policy Team noted the Zone Resolutions and Composite resolution for the item on the 6 March 2024 State Council agenda for decision – Separation and Edge Line Markings by Local Government on Low Volume Rural Roads.

The Policy Team progressed actions and advocacy in relation to:

• Regulating heavy vehicle road access conditions; Extended lead time for quotes from Western Power for headworks and changes to infrastructure;

• Royalty payments for mine site materials used in road construction and maintenance;

• Regional Telecommunication Independent Review;

• Review of Main Road Cross over Policy;

• Required changes to the Disaster Recovery Funding Arrangements; and

• Local Government Active Transport Working Group

The team noted that ALGA has accepted the invitation to hold the National Local Roads, Transport and Infrastructure Congress in Western Australia in December 2024.

3. PORTFOLIO UPDATES

The Policy Team

8.4

People and Place Policy Team Report

That State Council note the matters considered by the People and Place Policy Team at its meeting on 6 March 2024.

1. MATTERS FOR STATE COUNCIL DECISION

Nil

2. MATTERS FOR STATE COUNCIL NOTING

The Policy Team discussed the following items for noting on the 6 March 2024 State Council agenda: • 2024-25 Federal Budget Submission; and • Emergency Management Sector Adaptation Plan (EM-SAP) Local Government Consultation Project.

3. MATTERS REFERRED BY ZONES

Murchison Country Zone: Improving the Patient Assisted Travel Scheme (PATS)

At the People and Place Policy Team Meeting on 7 February 2024, the Policy Team considered the following resolution of the Murchison Country Zone:

That WALGA advocate for improvements to the Patient Assisted Travel Scheme (PATS) for regional Western Australia particularly around fuel and accommodation subsidies.

The People and Place Policy Team resolved to:

1. Note the request from the Murchison Country Zone.

2. Request that WALGA write to the Minister for Health to seek a review of the Patient Assisted Travel Scheme.

At the People and Place Policy Team Meeting on 6 March 2024, the Policy Team amended to the recommendation to:

1. Note the request from the Murchison Country Zone.

2. Request that WALGA write to the Minister for Health to seek a review of the current level of the Patient Assisted Travel Scheme with the intention to increase it to reflect current costs, including an annual CPI increase.

South East Metropolitan Zone: Mitigating public health implications of increasing temperatures, frequent heatwaves coupled with accelerated depletion of tree canopy.

East Metropolitan Zone: Public health planning for climate change (heat) risks

The People and Place Policy team considered the following resolutions of the East and South East Metropolitan Zones:

The South East Metropolitan Zone is seeking WALGA:

• Develop Model Text Provisions for the sector to address increasing risks to community public health generated by escalating heat wave conditions and Urban Heat Island effects coupled with accelerated loss of tree canopy; and

• As a matter of urgency, advocates to the state government to establish additional funding to enable local governments to implement intensive, widespread measures to mitigate the major public health implications of increasing temperatures, frequent heatwaves coupled with accelerated depletion of tree canopy, particularly in urban areas.

The East Metropolitan Zone is seeking WALGA:

• Develop draft model actions to guide Public Health Plans to address increasing risks to community public health generated by escalating heat wave conditions and Urban Heat Island effects coupled with accelerated loss of tree canopy; and

The People and Place Policy Team resolved:

1. To note the resolutions of the South East and the East Metropolitan Zones.

2. The ongoing WALGA advocacy regarding the implementation of Stage 5 of the Public Health Act 2016, as stated in Advocacy Position 3.2.1.

3. That WALGA will continue to advocate for sector support, advice and funding for Public Health Plan drafting and implementation.

Gascoyne Zone: Challenges with Aboriginal Heritage Matters

The People and Place Policy Team was provided with an update on action arising from the resolution of the Gascoyne Country Zone:

That the Gascoyne Country Zone requests that WALGA schedules a Teams meeting between the Gascoyne Zone delegates and the relevant Policy Team to discuss the issues the Zone faces in complying with Aboriginal Heritage Legislation and establishing indigenous Land Use Agreements.

On 22 February 2024, WALGA convened an Aboriginal Cultural Heritage Roundtable for the Gascoyne Zone in Carnarvon. The aim of the roundtable was to gain a shared understanding of the requirements under the amended Aboriginal Heritage Act 1972 and its interaction with heritage surveys, Standard Heritage Agreements, and Indigenous Land Use Agreements; and to share Local Government feedback and progress implementation solutions applicable across the Local Government Sector in partnership with the Department of Planning, Lands and Heritage (DPLH). The discussion provided some practical solutions and proposals which WALGA is seeking to progress with DPLH, aligned to the State Government’s commitment to guidance and support for the sector.

President Eddie Smith hosted the Roundtable in Carnarvon and informed the Policy Team that it was very informative and worthwhile. The People and Place Policy Team resolved to encourage zones that are inclined to host a roundtable on the Aboriginal Heritage Act with involvement from DWER and DPLH.

4. PORTFOLIO UPDATE

The Policy Team was provided with updates on the:

• WALGA Emergency Management Survey;

• Power and Telecommunications Roundtable held on 20 February; and

• LEMA Improvement Project.

8.5

Municipal Waste Advisory Council (MWAC) Report

That State Council note the resolutions of the 21 February 2024 Municipal Waste Advisory Council Meeting.

1. MATTERS FOR DECISION

Waste Levy Advocacy Position

MWAC resolved to rescind the existing Waste Levy Policy Statement and Advocacy Position 7.4 Waste Management Funding and endorse a new Waste Levy Advocacy Position (State Council Item 7.1 for Decision refers).

Waste Levy Advocacy Position

MWAC, through WALGA, resolved to write to the Minister for Energy; Environment and Climate Action:

• Expressing Local Governments’ concern about the impacts of the e-waste to landfill ban regarding the e-waste to Landfill Band the need for further funding and effective product stewardship in line with WALGA’s advocacy position on Landfill Bans; and

• Seeking an update on the outcomes of the consultation on the Container Deposit Scheme expansion, timeframe for the expansion and reiterating Local Governments’ strong support for the expansion of the Scheme to include wine and spirit bottles as a minimum.

2. MATTERS FOR DISCUSSION

MWAC considered Waste Advocacy Priorities for 2024:

• Increase the proportion of the Waste Levy being provided to Local Government to assist the sector in meeting the State Waste Strategy targets and provide investment certainty;

• Achieve regulatory certainty through provision of the Waste Derived Materials Framework, new DWER Regulatory Framework in place providing a risk-based approach to regulation, and the completion of the WARR Strategy Review and revised State Waste Strategy;

• Ensure the State Waste Infrastructure Plan is fit for purpose across WA, with a specific focus on ensuring sufficient regional infrastructure;

• The implementation of effective product stewardship schemes for electrical and electronic waste, packaging, tyres and mattresses which address WALGA’s 10 Principles for Product Stewardship.

• Development of a WALGA Circular Economy Policy Position; and

• Research and engagement with Local Government on key issues with asbestos, including illegal dumping, Local Government infrastructure, emergency management and community need to identify priority action areas and funding required.

MWAC also discussed the importance of ensuring high quality services were in place and ensuring different community needs were met, particularly for CALD communities and different types of development (e.g. multi-residential vs single unit dwellings).

9.1

WALGA 2023 Emergency Management Survey

That State Council note the results of the 2023 Local Government Emergency Management Survey.

EXECUTIVE SUMMARY

• 102 (75%) of the 137 mainland WA Local Governments responded to WALGA’s 2023 Emergency Management Survey.

• Key issues raised by Local Governments included: community preparedness and resilience; capacity to respond to and manage recovery; management of Bush Fire Brigades; inadequate LGGS funding; lack of emergency management resources; and challenges accessing grant funding.

• The survey demonstrates the importance of Community Emergency Services Managers (CESMs) to Local Governments that have one and that many regional Local Governments without a CESM would like one.

• The survey identified several issues with the Bush Fires Act 1954 that Local Governments would like to see resolved in the proposed Consolidated Emergency Services Legislation.

• The survey results will inform WALGA’s policy development and advocacy on behalf of the sector, including the WALGA 2024-25 State Budget Submission, and in the lead up to the next State and Federal elections.

• A summary of the survey results was presented at the State Council Information Forum on 3 April, and in a Sector webinar was held on 11 April 2024.

9.2

Tree Retention Model Local Planning Policy

That State Council note the Tree Retention Model Local Planning Policy.

EXECUTIVE SUMMARY

• WALGA’s model Tree Retention Local Planning Policy (LPP) was released in March 2024.

• The LPP aims to create a consistent regulatory framework for tree protection across WA.

• The LPP stipulates the circumstances in which a development approval is required to remove a tree and guides the assessment of these applications and other planning proposals.

9.3

Local Emergency Management Arrangements (LEMA) Improvement Plan Implementation

That State Council note the Local Emergency Management Arrangement Improvement Project update.

EXECUTIVE SUMMARY

• In December 2023, the State Emergency Management Committee (SEMC) endorsed a Local Emergency Management Arrangements (LEMA) Improvement Plan, including funding to deliver the first phase of the Plan.

• The LEMA Improvement Plan aims to progress the local emergency management reforms recommended by Local Governments in the LEMA Review and will be delivered as a partnership between WALGA and the Department of Fire and Emergency Services (DFES).

• WALGA has been allocated $356,000 to employ a LEMA Project Lead to work directly with Local Governments to develop and pilot new LEMA approaches over an 18-month period.

9.4

Planning and Building Performance Monitoring Project

That State Council note the results of the 2022-23 Local Government Performance Monitoring Project.

EXECUTIVE SUMMARY

• WALGA’s Local Government Performance Monitoring Project has been undertaken annually since 2017.

• WALGA uses the findings of the project to support advocacy and policy development, particularly around planning and building regulation reform.

• 42 Local Governments participated in the 2022-23 Project, representing approximately 90% of Western Australia’s population and 94% of the State’s total population growth between 2021 and 2022.

• The 2022-23 data shows that Local Governments have maintained high levels of performance in undertaking their strategic and statutory planning and building functions.

• The findings of the Project are incorporated into an online interactive dashboard publicly available through the WALGA website.

9.5

2024 WALGA Aboriginal Engagement Forum

That State Council note the report on the 2024 Aboriginal Engagement Forum.

EXECUTIVE SUMMARY

The WALGA Aboriginal Engagement Forum was held on 20 March 2024 at the State Reception Centre in Kaarta Gar-up (Kings Park).

The Forum provides an opportunity for the WA Local Government sector and partners to embrace the principles of reconciliation, through respectful Aboriginal and community engagement.

Feedback from speakers, attendees, WALGA Executive and State Councillors has been overwhelmingly positive, with 93 per cent of survey respondents saying they would attend future Forums.

10.1.1

Report on Key Activities, Infrastructure Portfolio

That State Council note the Key Activity Report from the Infrastructure Portfolio for May 2024.

Activities:

Roads:

• Local Government Transport and Roads Research and Innovation Program (LGTRRIP)

• Condition Assessment of Roads of Regional Significance

• Road Rail Interface Agreements

• Update of User Guides for calculating the cost of road wear for defined freight tasks

Funding:

• State Road Funds to Local Government Agreement 2023/24 – 2027/28

• Multi-Criteria Assessment (MCA) Model Revisions

Transport:

• Regional Freight Strategy

• Bus Stop Infrastructure

Utilities:

• Underground Power

• Streetlighting

Road Safety:

• Road Safety Council Update

• RoadWise Councils

• RoadWise Recognised

Asset Management:

• 2022/23 Road Assets and Expenditure Report

10.1.3

Report on Key Activities, Member Services Portfolio

That State Council note the Key Activity Report from the Member Services Portfolio to the 1 May 2024 State Council meeting.

Activities:

Governance and Procurement:

• Standardised Meeting Procedures Discussion Paper

Commercial:

• Preferred Supplier Program (PSP) Development

• Sustainable Energy Project

Employee Relations:

• WA Industrial Relations Commission applications

• WALGA Salary and Workforce Survey 2023

• People and Culture Seminar

Training:

• LGA30120 Certificate III in Local Government

Course offerings:

• Report Writing for Informed Decision Making

• Delegation and Authorisation – Essentials

• Prevent Sexual Harassment & Psychosocial Hazards in the Workplace (Senior Leaders’ Workshop

• Active Bystanders (Train the Trainer)

10.1.4

Report on Key Activities, Policy Portfolio

That State Council note the Key Activity Report from the Policy Portfolio to the May 2024 State Council meeting.

• Activities:

• Economics:

• March Economic Briefing

• Updated Economic Development Framework and New templates Released

• WALGA Presentation at the Regional Development Australia WA Conference

Environment and Waste:

• New Climate Change Declarations

• Regional Local Government Environmental Regulation Roundtable

Planning and Building:

• Planning Fees and Charges

• Planning Information Sessions; State Planning Policy 7.3 Residential Design Codes (SPP7.3); Environmental Protection Amendment Regulations

• Urban Forests; Tree Retention model Local Planning Policy Released; Urban Greening Grants; Urban Forest Working Group Meeting

Emergency Management:

• Emergency management Roundtable

• State Emergency Management Committee

• Emergency Management Sector Adaptation Plan

Community

• Aboriginal Affairs; Local Government Reconciliation Resource Hub; Aboriginal Cultural Heritage; National Reconciliation Week Webinar

Commencement of Part 5 of the Public Health Act 2016

In March, the State Government announced that Part 5 of the Public Health Act 2016 will be phased in from 4 June 2024. Under Part 5 the Department of Health must finalise and publish

a new State Public Health Plan by 4 June 2025 and Local governments are required to create local public health plans that are consistent with the State Public Health Plan by 4 June 2026. In addition, some low-risk public health regulations will be replaced with guidelines and improvement notices and enforcement orders will be introduced.

The Department of Health has committed to provide updates and engage with Local Governments to ensure a collaborative and informed approach to implementation. WALGA is working with the State Government to secure support and guidance for the sector.

Town Team Training

WALGA is delivering a free workshop for Local Governments to learn about the establishment and facilitation of resilient places through the Town Team Movement on Monday, 20 May at WALGA. Attendees will learn how to find innovative opportunities in a Local Government context, reduce risks in place improvement and community development projects, and better engage local businesses and residents.

CONCLUSION OF ZONE MATTERS

The Zone noted the report from the WALGA President and the circulated State Council Agenda Items and supported the recommendations in the Matters for Decision contained with the State Council Agenda and acknowledged the items for noting above and the Status Report on State Council Resolutions.

The Kimberley Zone noted the Status Report and requested the Executive Officer to keep WALGA Executive up to date on the status of KRG’s Financial Assistant Grant review and submission and the Community Safety and Crime Prevention strategy development.

ADOPTION OF POLICY AND ADVOCAY PRIORITISION FRAMEWORK

The Kimberley Country Zone adopted the Policy and Advocacy Prioritisation Framework to determine the priority of a particular policy or advocacy issue, and guide future decision making. Any papers submitted by the Kimberley Zone to State Council is to reflect the Policy and Advocacy Prioritisation Framework.

IMPORTANCE OF WALGA BECOMING A REGISTERED EMPLOYER ORGANISATION

The Zone noted the importance of WALGA becoming a registered employer organisation.

ENHANCED AND ALTERNATIVE EDUCATION OPPORTUNITIES FOR REGIONAL WA

The Zone supported the call to action to reduce regional disadvantage in educational opportunities and request the WALGA Secretariat to advocate to State Government on this matter.

Kimberley Regional Group Meeting Minutes – 19 APRIL 2024

The following items from the Kimberley Regional Group Meeting held 19 April 2024 should be noted by Council:

Correspondence

The KRG noted that the correspondence was received and noted that the Chief Executive Officer could be directed on a response if required.

Correspondence in:

Date: 6 March 2024

From: Chuck Berger, CEO, Kimberley Development Commission

Topic: Kimberley Housing Roundtable

Date: 6 March 2024

From: Luke Bosher, Head of Program, Strategy and Impact Housing Australia

Topic: Kimberley Housing Roundtable

Date: 10 April 2024

From: The Hon Hannah Beazley MLA, Minister for Local Government

Topic: Key issues and actions raised at the meeting

Correspondence out:

Date: 26 February 2024

From: Michelle Mackenzie, Executive Support, Kimberley Regional Group

To: Mr Chuck Berger, Chief Executive Officer, Kimberley Development Commission

Topic: Kimberley Housing Roundtable

Date: 26 February 2024

From: Michelle Mackenzie, Executive Support, Kimberley Regional Group

To: Ms Janine Hatch; Director; Regional Development Australia Kimberley

Topic: Kimberley Housing Roundtable

Date: 26 February 2024

From: Michelle Mackenzie, Executive Support, Kimberley Regional Group

To: Luke Bosher: Head of Program, Strategy and Impact Housing Australia

Topic: Kimberley Housing Roundtable

Date: 14 March 2024

From: Paul Rosair, Executive Officer, Kimberley Regional Group

To: The Hon Don Punch MLA, Minister for Regional Development

Topic: Key issues and actions raised at the meeting

Date: 14 March 2024

From: Paul Rosair, Executive Officer, Kimberley Regional Group

To: The Hon Hannah Beazley MLA, Minister for Local Government

Topic: Key issues and actions raised at the meeting

Date: 10 April 2024

From: David Menzel, Chair, Kimberley Regional Group

To: Hon Richard Maries, Hon Clare O’Neil, Hon Pat Conroy, Hon Matt Keogh, Hon Madeleine King, Hon Kristy McBain, Hon Paul Papalia, Ms Divina D’Anna MLA

Topic: Kimberley Defence and Border Force Response

Presentations

The following presentations were received from key stakeholders:

- Dr Allen Dale, Professor of Tropical Regional Development, CRC Northern Aust, James Cook University

- Christy Hawker, CEO Binarri Binyja Yarrawoo (BBY)

- Hon Louise Kingston, Member for the S/W Region. Shadow Minister for Regional Cities, Climate, Action, Tourism, WA National Party Opposition.

2024/2025 Investment Prospectus

The KRG members discussed the draft Investment Prospectus and advised changes required to the document. SDWK CEO required to provide the Executive Team their updated project information as a priority.

Kimberley Housing Roundtable

The KRG noted the progress of the Kimberley Housing RoundTable and agreed to discuss the possible dates and location out of session. Executive will liaise with members and decide on the date and location and report back to the KRG.

Co-operative Research Centre Northern Australia

KRG supported the Cooperative Research Centre for Northern Australia’s work for activating the White Paper for Developing Northern Australia. Executive Officer to work with Alan Dale on progressing KRG’s involvement in developing the White Paper.

Advocacy Strategy Management and Maintenance of Social Housing

The KRG supports the proposed advocacy strategy to support the better management and maintenance of social housing in the Kimberley. SDWK will provide the Executive Team with the work that they have progressed. A template will be developed and circulated to members to populate to support the advocacy strategy.

Inquiry into Local Government Sustainability

The KRG supports the framework for the submission in the Federal Inquiry into Local Government Sustainability.

Members are asked to send through case studies to illustrate the points made in the framework for the submission to the Executive Officer. The Draft submission will be circulated to members out of session for feedback prior to finalising the submission by the 31 May 2024.

Kimberley Regional Group Priority Action List

KRG provided an update on the progression of action items, as listed in the minutes.

Around the Grounds

The Group

KRG Position Papers

KRG noted the refreshed Position Papers and the $720 allocated for graphic design and printing costs. The refreshed Papers will be uploaded onto the KRG website.

Election Strategy

The Group noted the progress on the KRG State and Federal government election strategy, with an allocation of $7,600 plus GST allocated towards the documents.

Executive Officer Report

The Executive Officer Report was received and endorsed.

General Business

KRG confirmed responsible officers and updated comments for upcoming KRG meetings, lobbying and upcoming events.

CONSULTATION

WALGA

Kimberley Development Commission

Kimberley Regional Development Australia

STATUTORY ENVIRONMENT

Local Government Act 1995

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 7 - Safe, well connected, affordable transport options

Objective 7.1 Provide safe and efficient roads and parking.

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 11 - Effective leadership, advocacy and governance

Objective 11.1 Strengthen leadership, advocacy and governance capabilities.

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

Outcome 9 - A strong, diverse and inclusive economy where all can participate

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0524/074

Moved: Shire President C Mitchell Seconded: Cr P Taylor

That Council receives and endorses the resolutions of the Kimberley Zone of WALGA and the Kimberley Regional Group as attached in the Kimberley Zone of WALGA and Kimberley Regional Group Joint Meeting Minutes of 19 April 2024 en bloc

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr P Matsumoto, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	KIMBERLEY ZONE MINUTES 19 APRIL 2024
2.	KRG MINUTES 19 APRIL 2024

Minutes – Ordinary Council Meeting 30 May 2024 Page 0 of 1

13. Business of an Urgent Nature

13.1 COUNCIL CONSIDERATION OF PUBLIC SUBMISSIONS ON INTENTION TO IMPOSE DIFFERENTIAL RATES AND MINIMUM PAYMENTS FOR THE 2024/25 ANNUAL BUDGET
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	ARA01; ARA12
AUTHOR:	Manager Financial Services
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

The report presents to Council the outcome of the statutory local public notice period before adopting the 2024/25 Annual Budget. Council is also requested to authorise the Chief Executive Officer to apply to the Minister for Local Government to approve the differential rates that require exemption from section 6.33(3) of the Local Government Act 1995.

BACKGROUND

Previous Considerations

OMC 24 April 2024 Item 9.4.3

The “Notice of intention to impose 2024/2025 differential rates” report presented to Council at the 24 April 2024 Ordinary Meeting of Council (OMC) summarised the following matters:

· The 2024/25 budget process to date including revenue required to be raised from rates as per the 2024/25 draft budget;

· Proposed Gross Rental Value (GRV) and Unimproved Value (UV) rating categories and corresponding valuations;

· Proposed rate in the dollar (RID) for each rating category reflecting a 5.97% increase from the preceding year, plus an additional 0.959% for GRV Commercial properties;

· Minimum payments proposed at $1,344 for all rate categories with the exception of the GRV Vacant and UV Mining categories which were proposed to have lesser minimum payments of $1,264 and $958 respectively;

· The statutory requirement to advertise certain rating information through public notice; and

· The statutory requirement to consider submissions received concerning the proposed rates.

Through this report, Council resolved the following:

COUNCIL RESOLUTION: Minute No. C/0424/013

Moved: Cr P Taylor Seconded: Cr E Smith

That Council:

1. Publishes a local public notice proposing the 2024/25 differential general rates and

minimum payments set out in the table below and invites electors or ratepayers to

lodge submissions about this proposal within 21 days from the date of notice:

*DIFFERENTIAL RATE CATEGORY*	*MINIMUM PAYMENT*	*RATE IN THE DOLLAR* *(cents)*
*Residential (GRV)*	*$1,344*	*9.2478*
*Vacant (GRV)*	*$1,264*	*20.0813*
*Commercial (GRV)*	*$1,344*	*12.6712*
*Tourism (GRV)*	*$1,344*	*14.9846*
*Commercial Rural (UV)*	*$1,344*	*3.7704*
*Mining (UV)*	*$958*	*15.2538*
*Rural (UV)*	*$1,344*	*0.9019*

2. Adopts the Objects and Reasons presented in Attachment 2 for each of the proposed differential general rates and minimum payments in point 1 above; and

3. Following the close of the public submission period, requests the Chief Executive Officer to report back to Council, presenting any submissions for formal consideration, before seeking Ministerial Approval under section 6.33(3) of the Local Government Act 1995 to impose differential rates which are more than twice the lowest differential rate in the GRV Vacant, UV Mining and UV Commercial Rural differential rating categories.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr J Mamid, Cr P Matsumoto, Cr E Smith, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

Following the 24 April 2024 OMC, a public notice inviting submissions on proposed differential rates was advertised in the 1 May 2024 edition of The West Australian Newspaper, with the 21-day submission period ending 4pm 22 May 2024. A further advertisement was placed in the Broome Advertiser issued on 2 May 2024. Public notices were also placed on noticeboards located at the Shire of Broome Administration Centre and Library. A digital public notice was published on the Shire of Broome’s website with a link to the Objects and Reasons for the Differential Rates and Minimum Payments for the 2024/25 Financial Year. This complies with the statutory requirements under section 6.36 of the Local Government Act 1995 (the Act).

The Shire also wrote to the 23 properties in the UV Commercial Rural rating category, inviting public comments on the proposed differential rates according to the Department of Local Government, Sport and Cultural Industries (DLGSC) requirement for rating categories with less than 30 ratepayers.

In addition to the local public notice requirements, Ministerial approval is required if a differential rate is more than twice the lowest differential rate in either UV or GRV properties (s6.33 of the Act). Approval will be sought for the GRV Vacant category which is more than twice the base GRV Residential rate, and the UV Commercial Rural and UV Mining categories which are both more than twice the base UV Rural rate.

The Minister requires evidence of Council consideration of any submissions received before considering the Shire's application for exemption from section 6.33 of the Act.

COMMENT

Submissions

During the 21 day submission period, there were no submissions received.

Property and Valuation Changes

The “Notice of intention to impose 2024/2025 differential rates” report presented to Council at the 24 April 2024 OMC modelled differential rates based on all property valuations current at the time. GRV properties are revalued every three (3) years, with the last valuations taking effect 1 July 2022. UV properties are revalued annually by the Valuer-General, and new valuations (effective from 1 July 2024) had not been received at the time of the report. Officers considered that any variances which would significantly affect the outcome of the proposed rates model would be presented to Council and treated in accordance with the Act. During the advertising period other minor interim schedule changes were also processed to ensure the most up to date rates ledger for budget considerations and billing.

UV Properties

The Valuer-General, through Landgate, completed the rural assessments for all properties as of the Date of Valuation, 1 August 2023. These valuations become effective on 1 July 2024, so are necessary to include in the proposed 2024/25 rates model. The changes observed in the assessed values for the 2023/24 period resulted in an average overall change of 7.73%.

Landgate provided that the analysis of sales at and around the date of valuation supported an increase in unimproved values for most broadacre irrigation land, and some smallholding land, with no significant change to unimproved values for the remainder of properties in the Shire. Some variations to individual assessments may have occurred either as a product of the valuation process and/or inclusion of updated information.

All current UV valuations have now been received and incorporated into the 2024/25 rates model. The total UV valuations have increased by $2,375,057, above the valuations included in the rates model presented at the April OMC. This equates to a $51,880 increase in rates levies. Contained within these revaluations are movements in the UV Mining category - a combination of dead, new and revalued mining tenements. The variance from the rates model presented at the April OMC to the current valuations are presented in Attachment 2.

GRV Properties

During the advertising period other minor updates to property valuations were made in accordance with interim valuation schedules provided by Landgate, as well as the completion of a review by the Shire’s planning department to ensure any properties with an approved change in property use were appropriately re-categorised in the final rates model. The review identified 17 properties which were realigned to the GRV Tourism category, and one property realigned to the GRV Commercial category, with all 18 propertied originally modelled under the GRV Residential category. The movement of GRV properties increased the rates to be levied by $40,141, since the April OMC.

Rates Model Changes

The rates model approved for advertising at the 24 April 2024 OMC, factored in $300,000 of interim rates, being double that of the 2023/24 adopted interim rates ($150,000). The intent of this increase acknowledged, firstly, Council’s intent of a manageable RID change across the rating categories, and secondly, recognised the expectation that UV revaluations, changes in property use, and property developments would impact the rates levied. The UV revaluations and some property use changes are now known, which have an impact of $92,021. These have been recognised in the attached rates model, as required for the application to the Minister. The intent is not to raise additional rates income above the advertised model, so this has been proposed to offset the interim rates. Reducing the proposed interim rates to $207,979. The net effect to the proposed rates model is $0 as presented at Attachment 3.

A summary of the changes to valuations and rates modelling since the previously reported model (OMC 24 April 2024) is provided in Attachment 2. An updated Statement of Objects and Reasons for 2024/25 reflecting any changes is provided in Attachment 1.

Ministerial Approval

Ministerial approval must be sought under section 6.33 of the Act for the proposed GRV Vacant rating category, as the rate in the dollar for this category is more than twice the GRV Residential rate.

A separate application for approval under section 6.33 of the Act must also be sought for UV Mining and UV Commercial differential rating categories which are more than twice the lowest UV Rural general rate. This has been the case for UV Mining and UV Commercial categories for some years, and recognises the higher costs associated with maintaining infrastructure and the rural road network (including, extreme weather conditions, heavier transport utilising roads and higher traffic volumes).

Applications for both GRV and UV is consistent with prior years and Officers recommend that Council authorise the Chief Executive Officer (CEO) to apply to the Minister seeking approval under section 6.33 of the Act for the proposed rate in the dollar for the GRV Vacant, UV Mining and UV Commercial differential rating categories.

Conclusion

As no submissions have been received on the advertised rates in the dollar and minimum payments proposed for 2024/25, it is recommended that Council adopts the Objects and Reasons, differential rates and minimum rates strategy as previously advertised, and seeks Ministerial approval to impose differential rates for those rates that are more than twice the lowest differential rate as required under section 6.33(3) of the Act.

CONSULTATION

Local public notice was provided and direct correspondence issued to property owners as required under section 6.36 of the Act. No submissions were received during the 21-day statutory notice period.

The Valuer-General and Landgate provided the current property valuations in the proposed 2024/25 rates model, via the valuation rolls and interim valuation schedules.

STATUTORY ENVIRONMENT

Local Government Act 1995

s6.26 Rateable land

s6.28 Basis of Rates

s6.32 Rates and service charges

s6.33 Differential general rates

s6.34 Limit on revenue or income from general rates

s6.35 Minimum payment

The rate in the dollar and minimum payments applicable to each differential rating category proposed for the 2024/25 annual budget have been developed with full consideration for the Act, specifically the sections referenced above.

s1.7 Local public notice

s6.36 Local government to give notice of certain rates

The Shire has complied with the statutory requirement to give public notice in at least three ways (state-wide and local newspapers, Shire administration and Library notice boards, Shire website) from 1 May, for at least 21 days, stating the proposed differential rates and minimum payments for each rating category, providing suitable access to the Objectives and Reasons, and considering all submissions to Council through this report.

POLICY IMPLICATIONS

Rating Policy

The Rating Policy outlines the Council’s principles and methodology when exercising the Council’s discretionary powers to determine the level and structure of rates levied under the Act.

FINANCIAL IMPLICATIONS

The proposed differential rates and minimum payments for the 2024/25 financial year will raise an estimated rates revenue of $28.49M. A detailed draft rates model is in Attachment 3, featuring the rate in the dollar and minimum payment for all rating categories as per Council resolution C/0424/013 made at the 24 April 2024 OMC, and valuations received from the Valuer-General for all properties within the Shire of Broome (GRV properties applying from 1 July 2022, UV properties applying from 1 July 2024).

RISK

Risks associated with the consideration of submissions received and the general endorsement of the proposed rates model include:

· Rejection of the proposed differential rates, minimum payment and/or associated statement of objectives and reasons by the DLGSC, which could result in delays in adopting the 2024/25 annual budget.

o Delays to the 2024/25 annual budget adoption could affect cash flow and delay the commencement of significant capital projects.

· Delay in the timing of issuance of the annual rates notices, leaving less time for ratepayers to pay rates by 30 June 2025.

These risks are assessed as extreme. The treatment and mitigation of these risks have been identified through controls including analysis and review of the rate-setting strategy, compliance with all related legislation and DLGSC guidelines and consultation with DLGSC and ratepayers.

STRATEGIC ASPIRATIONS

Performance - We will deliver excellent governance, service & value for everyone.

Outcome 12 - A well informed and engaged community

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

Outcome 13 - Value for money from rates and long term financial sustainability

Objective 13.1 Plan effectively for short- and long-term financial sustainability

Objective 13.2 Improve real and perceived value for money from rates.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0524/075

Moved: Cr D Male Seconded: Cr P Taylor

That Council:

1. Notes that no submissions were received in response to Council's intention to impose the 2024/25 differential rates and minimum payments under section 6.36(4) of the Local Government Act 1995 during the public submission period of 21 days;

2. Endorses the following proposed Differential General Rates and Minimum Payments for 2024/25:

*DIFFERENTIAL RATE CATEGORY*	*MINIMUM PAYMENT*	*RATE IN THE DOLLAR* *(cents)*
*Residential (GRV)*	*$1,344*	*9.2478*
*Vacant (GRV)*	*$1,264*	*20.0813*
*Commercial (GRV)*	*$1,344*	*12.6712*
*Tourism (GRV)*	*$1,344*	*14.9846*
*Commercial Rural (UV)*	*$1,344*	*3.7704*
*Mining (UV)*	*$958*	*15.2538*
*Rural (UV)*	*$1,344*	*0.9019*

3. Adopts the 2024/25 Rating Objects and Reasons for each of the proposed differential general rates and minimum payments in point 2 above as contained in Attachment 1; and

4. Requests the Chief Executive Officer to seek the Minister for Local Government's approval under section 6.33(3) of the Local Government Act 1995 to impose differential rates for the:

(a) GRV Vacant differential rating category, which is proposed to be more than twice the lowest GRV Residential differential rate; and

(b) UV Commercial Rural and UV Mining differential rating categories, which are proposed to be more than twice the lowest UV Rural differential rate.

For: Shire President C Mitchell, Cr D Male, Cr J Lewis, Cr P Matsumoto, Cr M Virgo, Cr P Taylor, Cr S Cooper.

CARRIED UNANIMOUSLY 7/0

Attachments

1.	Attachment 1 - 2024/25 Objects and Reasons for the Differential Rates and Minimum Payments - Updated
2.	Attachment 2 - 2024/25 Summary of Changes to Rates Valuations and Modelling
3.	Attachment 3 - 2024/25 Proposed Draft Rates Model for Budget Adoption

Delegation	*Local Government* Act 1995	Comments
1.2.21	Defer, Grant Discounts, Waive or Write Off Debuts	10. Administrative update removing CEO Adhoc Sponsorship and replacing with Quick Response Grants.

9.4.3 ANNUAL REVIEW OF DELEGATION OF AUTHORITY REGISTER
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	ARE02
AUTHOR:	Senior Administration & Governance Officer
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Director Corporate Services
DISCLOSURE OF INTEREST:	Nil