Minutes of Ordinary Meeting - Thursday, 19 September 2024

Minutes – Ordinary Council Meeting 19 September 2024 Page 1 of 2

MINUTES OF THE Ordinary Council Meeting OF THE SHIRE OF BROOME, HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 19 September 2024, COMMENCING AT 5.00PM.

1. Official Opening

The Chairperson welcomed Councillors, officers and members of the public and declared the meeting open at 5.01pm.

2. Attendance and Apologies

ATTENDANCE

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

Apologies:	Nil.


Leave of Absence:	Nil.


Officers:	Mr. S Mastrolembo	Chief Executive Officer (CEO)
	Mr. J Hall	Director Infrastructure
	Ms K. MacClure	Acting Director Corporate Services
	Mr. K Williams	Director Development Services
	Ms. R Doyle	Manager Governance, Strategy and Risk
	Mr. A Jose	ICT Senior Support Officer
	Ms. M Martin	Senior Administration and Governance Officer
	Ms. J Wadge	Executive Assistant to the CEO

There were five Administration Officers, three members of the public and one member of the press present.

3. Announcements By President Without Discussion

Before we begin today’s proceedings, I’d like to take a moment to acknowledge the recent passing of Bill Reed. Bill was not only a respected member of our Broome community, but he also contributed significantly to the region, earning the distinguished Order of Australia for his service. His impact on Broome will not be forgotten, and we extend our deepest condolences to his family and loved ones.

I would also like to acknowledge that tonight marks the final Council meeting for three of our valued team members. Firstly, we bid farewell to Keith Williams, Director of Development Services. We wish him every success in his new role and thank him sincerely for his contributions to the Shire of Broome over the past three years.

We also say goodbye to Karren MacClure, Acting Director of Corporate Services, and Melissa Martin, Senior Governance and Administration Officer. We have appreciated their dedication and hard work for the Shire, and we are truly grateful for their service.

On behalf of the Council, I extend our deepest thanks to Keith, Karren, and Melissa, and wish them all the very best as they move on to the next chapters of their careers.

4. Declarations Of Interest

Chief Executive Officer (CEO) Mr. S Mastrolembo declared an Impartiality Interest in Item 9.1.2 – Request to Extend Term of Approval of the Airport Development Plan. Mr. S Mastrolembo advised that I am a part owner in a race horse with an employee of the Broome International Airport and declared that he would stay in the Chambers for the duration of the item.

Cr. S Cooper declared an Impartiality Interest in Item 9.1.2 - Request to Extend Term of Approval of the Airport Development Plan. Cr. S Cooper advised that he is the Vice President of the Broome Chamber of Commerce and Industry (BCCI). CEO of Broome International Airport (BIA), Craig Shaw is on the Executive Board of the BCCI and declare that he would stay in the meeting for the duration of the meeting.

Cr. M Virgo declared an Impartiality Interest in Item 9.1.2 – Request to Extend Term of Approval of the Airport Development Plan. Cr. M Virgo advised that Broome Visitors Centre (BVC) has a greeting desk in the arrivals terminal and declared that she would stay in the Chambers for the duration of the item.

Shire President C Mitchell declared in Impartiality Interest in Item 9.2.1 – Extension of Cable Beach Vehicle Access Ramp Closure to Include February Annually. Shire President C Mitchell advised that he coordinates a volunteer wildlife group that cares for injured turtles and declared that he would stay in the Chambers for the duration of the item.

Cr. E Smith declared an Impartiality Interest in Item 9.2.1 Extension of Cable Beach Vehicle Access Ramp Closure to Include February Annually. Cr. Smith advised that Yawuru Park Council has management control and interests in Cable Beach and turtle management and declared that she would stay in the Chambers for the duration of the item.

Cr. S Cooper declared in Impartiality Interest in Item 9.2.1 – Extension of Cable Beach Vehicle Access Ramp Closure to Include February Annually. Cr. S Cooper advised that he is a volunteer at Native Animal Reserve Broome and commit time and effort to the rehabilitation of turtles and declared that he would stay in the Chambers for the duration of the item.

5. Public Question Time

The following questions were submitted by Andrew Gatt electronically regarding North of the rocks beach closure and Animal Management Plan. Andrew Gatt was not present at the meeting and the questions were read by Shire President C Mitchell.

Question One (1)

With the proposed increase in restrictions on vehicles north of the rocks and the proposed increased restriction on dogs outside of vehicles north of the rocks how is it proposed that persons that want to exercise their dogs away from people and other dogs do so without having to illegally drive or stomp through the dune access?

Question One (1) answer provided by Director Development Services

The Shire of Broome has over fifteen kilometres of local beaches within Broome town site that are accessible to pet owners to exercise their dogs when access north of the rocks is restricted. As February is in the ‘off season’, it is likely that there are places that will be suitable for dog exercise within these fifteen kilometres.

It is noted that during two of the last three wet seasons access was restricted to vehicles north of the rocks during February, with wet season damage to the vehicle ramp and beach access resulting in closures in 2021/2022 and 2022/2023 up to April and May.

The Animal Management Plan also makes available 13 local parks for dog exercise that should result in less demand on local beaches.

Shire and Department of Biodiversity Conservation and Attraction Rangers will prosecute anybody caught illegally accessing conservation areas or closed beaches.

Question Two (2)

When considering the public submissions for the ban on vehicles north of the rocks, has there been any consideration of where the respondents live, and that these non-residents or "dry season" residents would be less inclined to have any concern for the disadvantages that these restrictions have on rate paying residents or those that remain in town during those wet season months?

Question Two (2) answer provided by Director Development Services

The survey undertaken included a requirement for respondents to indicate their post code to ascertain whether the respondent was a local resident or non-resident to Broome.

85.9 percent of the 332 respondents that oppose closure of the vehicle access in February are local.

85.5 percent of the 590 respondents that support closure of the vehicle access in February are local.

Given these statistically relevant survey results it is not considered that non-residents have had an impact on the survey results either way.

6. Applications for Leave of Absence

Council Resolution:

Minute No. C/0924/091

Moved: Cr P Matsumoto Seconded: Cr S Cooper

That Council grant Cr. J Mamid a Leave of Absence from Councillor duties inclusive of 28 October 2024 through to 01 November 2024.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

7. Confirmation Of Minutes

Council Resolution:

Minute No. C/0924/092

Moved: Cr M Virgo Seconded: Cr E Smith

That the Minutes of the Ordinary Meeting of Council held on 29 August 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. S Cooper, Cr. J Lewis, Cr. P Matsumoto,

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

8. Presentations / Petitions / Deputations

There are no reports in this section.

9. Reports From Officers

9.1 People

The Director of Development Services noted typographical errors in the Agenda item, which have been corrected administratively and are now reflected in the minutes.

Additionally, the Director Development Services reported that minor changes were made to Attachment 2, 3, 4 and 5 requested at the 17 September 2024 Agenda Briefing, and are now reflected in the minutes.

9.1.1 Animal Management Plan
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	LAW002
AUTHOR:	Manager Community Engagement and Projects
CONTRIBUTOR/S:	Manager Health, Emergency and Rangers
RESPONSIBLE OFFICER:	Director Development Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

The draft Animal Management Plan was endorsed for a four-week public comment period at the 25 July 2024 Council meeting. This report presents feedback and proposed amendments for Council’s consideration and adoption of the final plan. Specific recommendations formalise required actions under relevant legislation.

BACKGROUND

Previous Considerations

OMC 25 July 2024 Item 9.1.1

The Shire of Broome’s (Shire) Corporate Business Plan 2023 – 2027 seeks to encourage responsible animal management and includes an action to:

Facilitate development of an Animal Management Plan that responds to the State Government’s statutory review of the Cat Act 2011 and the Dog Amendment Act 2013 and addresses dog exercise areas, strays and feral animal management, off-leash pets, dog attacks, de-sexing and animal welfare.

In November 2023 the Shire engaged Catalyse Pty Ltd (Catalyse) to develop an Animal Management Plan. The Animal Management Plan focuses on pet ownership of dogs and cats in Broome, with considerations for interactions with people, horses and wildlife.

The Animal Management Plan seeks to achieve seven objectives:

1. Improve awareness and understanding of responsible and caring behaviour toward animals.

2. Increase adoption of responsible pet owner behaviours, related to registrations, microchipping, desexing, obedience training, excessive barking, and animal excreta.

3. Review animal access on local beaches to improve community safety and animal welfare.

4. Review dog access in local reserves, parks, playgrounds and outdoor sports facilities.

5. Improve the management of lost, stray and feral dogs and cats.

6. Minimise domestic animal impact on local wildlife.

7. Strengthen governance and enforcement.

There are a number of actions proposed in the Animal Management Plan relating to each of the objectives above. The Animal Management Plan proposes to implement these over a 5 year period.

At the 25 July 2024 Ordinary Council Meeting (OMC), Council endorsed advertising the draft Animal Management Plan for a four-week public comment period.

COUNCIL RESOLUTION:

(REPORT RECOMMEDATION) Minute No. C/0724/082

Moved: Cr E Smith Seconded: Cr J Lewis

That Council:

That Council adopts the Draft Animal Management Plan as set out in Attachment No 3 for the purposes of seeking public comment for a four (4) week period.

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

Carried Unanimously 8/0

The public comment period was advertised from 1 to 30 August 2024, with an extension to 6 September 2024 after officers discovered an earlier version of the document had been uploaded, which was promptly corrected. During this period, officers undertook the following activities to promote the draft Animal Management Plan and gather feedback:

· Emailed to all primary stakeholders

· Social media (9 and 27 August 2024)

· News story on website (1 August 2024)

· Public notice on website (1 August and 6 September 2024)

· Shire News - Broome Advertiser (15 August 2024).

COMMENT

Ten submissions were received during the public comment period. Submissions were reviewed by officers and Catalyse. A copy of the public submissions and responses are attached to this report (Attachment 1).

After reviewing submissions, officers recommend the following changes to the Animal Management Plan:

· Remove the 10 metre exclusion zone from playgrounds. Restrict the dog prohibited area to the playground area only. This change is recommended as many of the seated areas in Shire parks are located directly adjacent to the playground space.

· Change the word on page 30 from ‘forever’ to ‘adoptive’ as requested by SAFE.

· Increase the dog on leash area south of the Surf Club ramp from 200 metres to 450 metres. This will ensure that the dog exercise area commences in line with the trail adjacent to the Diver’s Tavern carpark and will help to prevent conflict between dog walkers and the swimming area at Cable Beach.

A complete copy of the Animal Management Plan is available in Attachment 2, with key components summarised below.

Dog Exercise Areas

The Animal Management Plan has reviewed the dog exercise areas across the Broome townsite. It is important to note that most of Broome’s beaches remain dog off-leash exercise areas. The following table details the current status and proposed changes to the dog exercise areas on beaches:

Area	Current Status	Proposed Changes
Gantheaume Point	Dogs are currently permitted to exercise off-leash at Gantheaume Point but must be on-leash in the Horse Exercise Area between 5.30am and 10am during the horseracing season.	Dogs to be on leash in the vehicle access area at Gantheaume Point at all times.
Gantheaume Point, north of vehicle access area.	Dogs allowed off-leash.	Dogs allowed off-leash however must be on leash in the Horse Exercise Area when being used by horses between 7am – 10am.
450 metres south of Surf Life Saving Club access stairs (Divers access path)	Dog on leash 200 metres south.	Dog on leash 450 metres south.
In front of Surf Club	Dogs prohibited.	No changes.
Cable Beach north of vehicle access ramp (amphitheatre) – ‘Camel Zone’	Dogs are prohibited for the first 1km unless transiting in a vehicle.	An extension of the dog prohibited zone to 2 kilometres north of the rocks to cover the full camel tours zone. Dogs permitted to be off-leash between 5am and 8am.

The Shire currently lacks designated dog exercise areas outside of beaches, requiring dogs to be leashed in all Shire managed reserves and parks. The Animal Management Plan proposes a twelve-month trial to designate the following parks as dog exercise areas:

· Hin Park

· Tanami Park

· Tomarito Park

· Cygnet Park

· Sugar Glider Park

· Maritana Park

· Kapang Park

· Sunset Park

· Manggala Park

· Sibosado Park

· Solway Reserve

· Pelcan Gardens Park

· Tolentino Park.

It is also proposed to trial Broome Recreation and Aquatic Centre Ovals and Haynes Oval as dog exercise areas when they are not being used for organised sport or events. While these sporting fields are being used, dogs will be required to be on leash.

It should be noted, that in all dog exercise areas and other parks, dogs will not be permitted inside the playground area and must be on a leash in the following circumstances:

- around horses, camels and turtles;

- on footpaths, jetties, and boat ramps; and

- when a boat is being launched or retrieved on a beach.

The figure below visually displays the dog exercise areas and is included in Attachment 3.

Attachment 4 displays dog prohibited areas in parks. Attachment 5 displays dog prohibited, on-leash and exercise areas at beaches.

Minyirr Buru and Guniyan Bimba are jointly managed between the Shire of Broome, Nyamba Buru Yawuru and DBCA, with various management orders covering different parts of this extensive park. Management Plans for these parks require dogs to be on leash.

In public spaces, dogs are required to be on a leash at all times, except within a designated off leash dog exercise area. All dog owners must adhere to the following points in dog off leash areas:

· A person must be capable of controlling their dog and must be near the dog at all times.

· Carry a leash so it can be quickly attached to gain control of the dog.

· Remove any faeces (poo) left by the dog.

· The dog must not chase or harass any other person, animal or bird.

· Remember even if your dog is being playful, others may feel uneasy with its behaviour. Some people do not like to be approached by dogs.

Other key recommendations

Other key features of the Animal Management Plan include:

· Improve public awareness by implementing an awareness campaign on animal ownership responsibilities, improving signage, website updates and collaborating with key partners to educate the public on interaction with camels and horses.

· Prepare a business case to introduce a Pet Free Registration Program for up to a year.

· Review and update the Horses on Cable Beach Policy to provide clarity on which horses, the location and times beach access is permitted.

· Source funding and construct a dedicated regional animal management facility (pound).

· Advocate for the RSPCA to support the region with sufficient inspectors to address animal welfare issues.

· Introduce a new Cat Local Law to provide for cat containment and maximum number of cats per property.

Summary

The Animal Management Plan has been prepared with extensive community input and is considered to provide a comprehensive framework for addressing animal management issues for the Shire of Broome. As such it is recommended that Council endorse the Animal Management Plan (Attachment 2).

Once endorsed the Animal Management Plan will be graphically designed to include local images and assist with raising awareness locally of responsible pet ownership.

CONSULTATION

Extensive benchmarking, literature reviews, research and consultation have been completed in the development of the draft plan. Please see Attachment 6 for a copy of the Community Engagement Plan.

In December 2023 Catalyse visited Broome to meet one-on-one with key stakeholders including:

· Department of Biodiversity, Conservation and Attractions (DBCA)

· SAFE Broome

· Broome Veterinary Hospital

· Broome Turf Club

· Broome Horse Riders Club Inc.

· Red Sun Camels

· Broome Camel Safaris

· Cable Beach Camels

· Paws and Effect Dog Training

· Broome Bird Observatory.

Information from the interviews was used to inform questions asked in the Animal Management Survey. The survey was open for four weeks from 29 January 2024 and received 1,002 responses.

This information was used to guide the development of the draft Animal Management Plan. Recommendations proposed in the draft Animal Management Plan were then workshopped with the community on the 4 and 5 June 2024. In these 90 minute workshops attendees were given time to respond to the pre-prepared questions and indicate whether they supported, opposed or were unsure. The questions were under the Animal Management objectives as listed below:

· Improve awareness and understanding of responsible and caring behaviour towards animals where there was an overwhelming support.

· Increase the adoption of responsible pet owner behaviours related to registrations, microchipping, desexing, obedience training, excessive barking and animal excreta which was strongly supported.

· Improve the management of lost, stray and feral dogs and cats. Development of a business case for a dedicated regional animal management facility was strongly supported.

· Review dog access in local reserves, parks, playgrounds and outdoor sports facilities where they supported a 12 month trial of sporting reserves and ovals being dog exercise areas when not in use for sporting events or training. They also supported prohibiting dogs from playgrounds. They also supported rolling out a 12 month trial of dog exercise areas in designated local parks.

· Review animal access on local beaches to improve community and animal safety where they supported Gantheaume Point vehicle access area reverting from dog exercise area to dog on leash and beyond the vehicle access area retain as dog exercise area with requirement for dogs to be on leash in the Horse Exercise Area when used by horses from 7am-10am. There was almost an equal split when the question on prohibiting dogs in Camel Zone during tour operating hours.

· Minimise domestic animals impact on local wildlife. There was a proposal to introduce Cat Local Laws as well as employing other strategies to deal with this.

Focused consultation undertaken with key stakeholders like SAFE Broome, Broome Veterinary Hospital and Kimberley Ports Authority (KPA).

Following these workshops the draft Animal Management Plan was shared to stakeholders and the community for feedback.

Additionally, Workshops were held with Councillors on the following dates and the elected members in attendance:

· 28 November 2023 – Cr Mitchell, Male, Lewis, Matsumoto, Smith and Virgo

· 9 April 2024 – Cr Mitchell, Male, Lewis, Matsumoto, Smith, Virgo, Taylor and Cooper

· 14 May 2024 – Cr Male, Lewis, Matsumoto, Smith, Virgo, Mamid and Cooper

· 9 July 2024 – Cr Male, Cooper, Lweis, Matsumoto, Virgo, Mamid and Taylor.

The Animal Management Plan was presented to the July 2024 OMC for a 4 week public comment period. The 10 submissions received during this period are included in Attachment 1.

STATUTORY ENVIRONMENT

Administration of animal management within Western Australia is set out in legislation, the Dog Act 1976 and the Cat Act 2011. This legislation authorises the Shire to enforce compliance and respond to or act on animal complaints and incidents, in a manner that is consistent with its powers as granted in legislation. This legislation also provides the mechanism for the Shire to recover costs through fee-based services such as animal registration and impounding.

Animal welfare is also a key concern for the community. In WA, animal welfare is legislated by the Animal Welfare Act 2002 and administered by the Royal Society for the Prevention of Cruelty to Animals (RSPCA) through its Inspectors.

All horse owners in Broome must submit an Application for Approval to Keep a Large Animal Within the Townsite, in accordance with the Shire of Broome Health Local Law 2006, Part 5, Division 3.

Camel owners must complete an Application for Approval to Walk, Lead, Ride, Herd or Drive a Large Animal on Local Government Property and on Public Places issued pursuant to Local Government Property and Public Places Local Law 2016 Clause 3.2(g).

POLICY IMPLICATIONS

The Shire governs responsible horse ownership through the Horses on Cable Beach Council Policy, Local Laws and State legislations. The Horses on Cable Beach Policy will be reviewed and updated to provide clarity when all types of horses are permitted at the beach and provide guidance on the mixed use of the beach to minimise conflict between horses and dogs.

The Shire’s Compliance and Enforcement and Trading in Public Places Policy was also considered in the preparation of the draft Plan.

FINANCIAL IMPLICATIONS

$45,000 excluding GST was allocated in the 2023/24 budget for the development of the Animal Management Plan. These funds were utilised by a consultant to prepare the draft Animal Management Plan. There was a $15,000 carry over for this project to finalise the development of the plan.

While the Animal Management Plan has been developed to be implemented within current Shire staff resources, it is recommended that additional financial support is considered to deliver certain elements of the action plan. Implementation of all actions included in the plan are estimated at $100,000, noting this includes the development of a business case for the pound. Implementation of year 1 action (24/25) are estimated at $50,000 and include:

· Action 1.1 $10,000

Create and implement a public education program to improve responsible pet ownership.

· Action 1.4 $20,000

Review and update signage in public places to ensure clear, consistent messaging about where animals are permitted.

· Action 3.1 $5,000

Change dog access on Cable Beach north to meet diverse community needs, including an area of beach where dogs are prohibited and an area where dog owners can continue to exercise early morning.

· Action 3.3 $5,000

Revise dog access at Gantheaume Point for improved community and animal safety, with supporting signage and communications.

· Action 4.5 $5,000

Host community events in sporting reserves and local parks to launch and enforce the change in use to ‘dog exercise area’ with educational talks and demonstrations on responsible dog ownership.

· Action 6.1 $5,000

Collaborate with key partners to jointly provide new turtle signage and communication materials.

· Total $50,000.

Funding is not included in the 24/25 budget for the actions outlined above. This report recommends Council consider funding through the Quarter 1 Finance and Costings Review, noting that this process will also need to consider other Shire priorities.

RISK

The following risks have been considered in the development of the Animal Management Plan:

Risk	Type (Health, Financial Impact, Service Interruption, Compliance, Reputational, Property Environment)	Rank (based on measures of consequence and likelihood)	Mitigation
Final Animal Management Plan not endorsed	Reputational	Medium	Extensive consultation has been completed in the development of the draft plan with Council and the community. Expectations have now been raised and once endorsed Officers will be able to commence implementing.
Recommendations in the Animal Management Plan not supported by the community	Reputational	Medium	Extensive consultation and benchmarking have been completed in the development of this plan to help ensure support of the final document. There may be some elements of the plan that are not supported by all members of the community and will require education / awareness and enforcement by Shire officers.
Funding / internal resources to implement actions in the Animal Management Plan	Financial Reputational	Medium	The Animal Management Plan was developed to be delivered with current staff resources. Additional funding will be requested to implement elements of the plan through the Corporate Business Plan and the Shire’s Long Term Financial Plan (LTFP).

STRATEGIC ASPIRATIONS

People We will continue to enjoy Broome-time, our special way of life. It's bursting

with energy, inclusive, safe and healthy, for everyone

Outcome 1 A Safe Community

Objective 1.4 Encourage responsible animal management.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/0924/093

Moved: Cr E Smith Seconded: Cr S Cooper

That Council:

1. Notes the feedback on the Animal Management Plan received through the public comment period (Attachment 1).

2. Adopts the Animal Management Plan (Attachment 2), noting the plan will be graphically designed post adoption.

3. Consider allocating $50,000 excluding GST through the Finance and Costings Review (FACR) Quarter One 2024, with consideration of potential savings to cover the costs for the implementation of actions outlined in the Animal Management Plan (Attachment 2).

4. Designates the following parks as Dog Exercise Areas under Section 31(3A) of the Dog Act 1976, as marked in Attachment 3 for a twelve month trial period from 3 February 2025 designating:

a. Hin Park;

b. Tanami Park;

c. Tomarito Park;

d. Cygnet Park;

e. Sugar Glider Park;

f. Maritana Park;

g. Kapang Park;

h. Sunset Park;

i. Manggala Park;

j. Sibosado Park;

k. Solway Reserve;

l. Pelcan Gardens Park; and

m. Tolentino Park.

5. Designates Broome Recreation and Aquatic Centre Ovals and Haynes Oval as Dog Exercise Areas under Section 31(3A) of the Dog Act 1976, when the sporting fields are not in use for school or organised sport for a twelve month period from 3 February 2025 as a trial.

6. Designates all playgrounds in the Shire of Broome as Prohibited Areas under Section 31(2B) of the Dog Act 1976 as marked in Attachment 4.

7. Designates a Portion of Cable Beach, Reddell Beach, Simpsons Beach, Entrance Point and Town Beach as Dog Exercise Areas under Section 31(3A) of the Dog Act 1976 as marked in Attachment 5.

8. Designates Cable Beach north of the Rocks for two kilometres as a Dog Prohibited Area between 8am and 5am daily under Section 31(2B) of the Dog Act 1976 as marked in Attachment 5.

9. Designates Portion of Cable Beach for two kilometres north of the rocks as Dog Exercise Area between the hours of 5am and 8am daily under Section 31(3A) of the Dog Act 1976 as marked in Attachment 5.

10. Commences development of a Cat Local Law in accordance with the process under the Section 3.12 of the Local Government Act 1995 and Section 79 of the Cat Act 2011;

11. Undertakes a communications strategy to inform the community of the outcomes and actions of the Animal Management Plan with a focus on the following:

a. Change in designation of Gantheaume Beach from Dog Exercise Area.

b. Change in designation of Cable Beach north of the rocks.

c. Change in designation of parks identified in Attachment 5.

d. Change in designation of all playgrounds across the Broome Townsite Attachment 4.

12. Requests a report at the conclusion of the twelve month trials outlined in recommendations 4 and 5 including an assessment of the trails.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

Attachments

1.	Attachment 1 - Public Submissions
2.	Attachment 2 - Animal Management Plan
3.	Attachment 3 - Dog Exercise Areas Map
4.	Attachment 4 - Dog Prohibited Areas Map
5.	Attachment 5 - Dog Beach Areas Map
6.	Attachment 6 - Community Engagement Plan

Minutes – Ordinary Council Meeting 19 September 2024 Page 1 of 2

Chief Executive Officer (CEO) Mr. S Mastrolembo declared an Impartiality Interest in Item 9.1.2 the reason being ”I am a part owner in a race horse with an employee of the Broome International Airport, and remained in the meeting.”

Cr. S Cooper declared an Impartiality Interest in item 9.1.2, the reason being “he is the Vice President of the Broome Chamber of Commerce and Industry (BCCI). CEO of Broome International Airport (BIA), Craig Shaw is on the Executive Board of the BCCI, and remained in the meeting.”

Cr. M Virgo declared an Impartiality Interest in item 9.1.2, the reason being “Broome Visitors Centre (BVC) has a greeting desk in the arrivals terminal, and remained in the meeting.”

9.1.2 REQUEST TO EXTEND TERM OF APPROVAL OF THE AIRPORT DEVELOPMENT PLAN
LOCATION/ADDRESS:	Lot 9050 MacPherson Street, Djugun
APPLICANT:	Shrapnel Urban Planning
FILE:	MAC-3/10
AUTHOR:	Acting Director Development Services
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Director Development Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

The Department of Planning Lands and Heritage (DPLH) have received an application from Shrapnel Urban Planning on behalf of the Broome International Airport to request a 10 year extension to the term of approval of the Broome Airport Development Plan. The Airport Development Plan is due to expire on 19 October 2025.

DPLH is seeking comment from the Shire of Broome on the request. Given the strategic implications and recommendations of the Shire of Broome Local Planning Strategy, the matter is being referred to Council for consideration.

This report recommends that Council does not support the 10 year extension to the term of approval of the Airport Development Plan and requests Broome International Airport undertake to provide further information in regards to noise and an implementation strategy regarding longer term airport relocation, to inform an appropriate planning framework for the site.

BACKGROUND

Previous Considerations

OMC 19 October 2004 Item 9.3.5

OMC 14 June 2005 Item 9.3.4

OMC 11 August 2005 Item 9.3.10

OMC 3 November 2005 Item 9.3.10

OMC 22 December 2005 Item 9.3.11

OMC 13 April 2006 Item 9.3.2

OMC 11 May 2006 Item 9.3.1

OMC 23 November 2006 Item 9.3.5

OMC 23 November 2006 Item 9.3.6

OMC 23 November 2006 Item 12.2 – withdrawn – “not accepted under Section 13.2 of the Shire of Broome Standing Orders Local law 2003”

OMC 15 March 2007 Item 9.3.3

OMC 25 October 2007 Item 9.3.2

OMC 18 December 2007 Item 9.3.1

OMC 14 February 2008 Item 9.3.12

OMC 14 February 2008 Item 9.3.13

OMC 14 February 2008 Item 9.3.14

OMC 13 March 2008 Item 9.3.3

OMC 3 July 2008 Item 9.3.2

OMC 19 March 2009 Item 9.3.1

OMC 29 October 2009 Item 9.3.3

OMC 26 November 2009 Item 9.3.1

OMC 8 July 2020 Item 9.3.1

OMC 29 August 2024 Item 9.1.1

The Airport Development Plan was originally adopted by Council at the Ordinary Meeting of Council held on 26 November 2009. At this meeting Council resolved the following:

COUNCIL RESOLUTION

Moved: Cr J Bloom Seconded: Cr C R Mitchell

That Council:

1. Endorses the comments in the Schedule of Submissions as attached.

2. Adopts the Airport Development Plan as attached subject to the preparation of an Australian Noise Exposure Forecast (ANEF) in accordance with the recognised Australian Standards and in addition provides forecast of noise arising from ground running, general aviation and helicopter activities.

3. Authorises the Shire President and the Chief Executive Officer to engross the Airport Development Plan.

4. Requests submission of the drainage methodology for consideration in accordance with Council’s resolution of 19 March 2009.

5. Joins with Broom International Airport to:

a. Meet with the relevant State Government Ministers to discuss the Government’s position on the status of the new Airport site.

b. Prepare a Memorandum of Understanding between the State Government, the Shire of Broome and the BIA that will address airport related issues, including aircraft noise, community amenity, previous reports and any other factors that would precipitate the future relocation of the airport to the new site in accordance with Council’s resolution of 19 March 2009.

6. Initiates an amendment to Town Planning Scheme No 4 to rezone the drainage licence area from development zone to drainage reserve.

CARRIED UNANIMOUSLY

The ANEF forecasts referenced in part 2 of the above resolution were performed and the Airport Development Plan was adopted by the Western Australian Planning Commission on 9 October 2012.

Since the adoption of the Airport Development Plan, the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) have come into effect. One of the significant changes of these Regulations was the introduction of the Deemed Provisions, whereby the administrative parts of Local Planning Schemes, including the process for adopting or amending a Structure Plan, were removed from Local Planning Scheme’s and are now contained in the Regulations as Deemed Provisions.

The Regulations also confirmed change of the title of the planning instrument from ‘Development Plans’ to ‘Structure Plans’. The Deemed Provisions also introduced ‘Duration of approval’ for all Structure Plans which establishes that a Structure Plan has effect for a period of 10 years, the Regulations further establish that a Structure Plan approved prior to 19 October 2015 is taken to be approved on that day. As a result, the Airport Development Plan will expire on 19 October 2025.

Proposal

Shrapnel Urban Planning acting on behalf of the Broome International Airport have submitted an application to the DPLH that requests an extension of 10 years to the duration of the approval of the Airport Development Plan, meaning that it would expire on 19 October 2035.

The following justification for the extension was provided by the proponent:

· The Structure Plan is due to expire upon the 10-year anniversary of the Planning and Development (Local Planning Scheme) Regulations 2015 coming into force on 19 October 2015. The extension is needed to maintain the local planning framework whilst consideration is given to future planning needs and instruments required for the structure plan area.

· Consideration of future planning options for the area will require extensive consultation and collaboration with key stakeholders, which will likely take an extended period of time, possibly past the expiration date of the current structure plan.

· The current structure plan has not been implemented to its full extent, and is able to still provide planning guidance over the subject area.

· Local Planning Scheme No 7 zones the subject land ‘Urban Development’ which notes that the local government will have due regard to the structure plan when considering an application for development approval.

· No changes are proposed to the existing structure plan at this point in time.

· The Shire of Broome’s local planning strategy notes that it is preferrable for an implementation strategy (including an MoU) to be created in the short term for the future airport transition. This will likely take time, and will need to be in place before future planning instruments can be considered over the subject area.

COMMENT

The Regulations establish that the Western Australian Planning Commission (WAPC) may extend the approval period of a Structure Plan if there are no changes to the terms of the plan. The WAPC has adopted the WA Planning Manual – Guidance for Structure Plans (August 2023) which sets out the following relevant consideration when determining and extension to the approval period of a Structure Plan:

· the extent of subdivision and/or development uptake in the structure plan area, and whether the plan has been largely implemented;

· the plan’s delivery progress based on its set purpose, vision, and objectives, and whether implementation of the plan is aligning with its set targets;

· government priorities, any applicable planning strategy and policy framework, and whether significant changes to these have occurred since the plan was approved;

· if consultation with the community and key stakeholders should be undertaken to confirm and adjust the direction and next stages of the plan; and

· whether important infrastructure has or will become available, and whether adjustments will need to be made to the plan as a result.

Each of the above relevant considerations will be addressed below in addition to an overview of the zoning background for the site and the current Airport Development Plan provisions.

Zoning Background

At the time of the adoption of the Airport Development Plan by the Shire (November 2009) the site was zoned ‘Development’ under Town Planning Scheme No 4. The Development zoning required the preparation and adoption of a Development Plan to guide development and subdivision.

On 30 January 2015, Local Planning Scheme No 6 was gazetted and the site zoning remained as ‘Development’ which required the adoption of a Structure Plan (change in title to the planning instrument).

Local Planning Scheme No 7 (LPS7) was gazetted on 28 September 2023 and is the current planning scheme. LPS7 zones the site ‘Urban Development’. The change in the zoning title was a requirement due to the changes to the Model Provisions in the Regulations which all new Local Planning Schemes have to be consistent with.

The objectives of the Urban Development zone under LPS7 are:

· To provide an intention of future land use and a basis for more detailed structure planning in accordance with the provisions of this Scheme.

· To provide for a range of residential densities to encourage a variety of residential accommodation.

· To provide for the progressive and planned development of future urban areas for residential purposes and for commercial and other uses normally associated with residential development.

Schedule 4 of LPS7 establishes the site and development requirements for the zones in the Scheme. It states the following for the Urban Development zone:

LPS7 therefore requires a Structure Plan to be adopted for the Shire to be in a position to consider subdivision or approve development of land. In the event no Structure Plan is in place, the local government can recommend subdivision or approve development, if it can be demonstrated that the development is of a minor nature and will not prejudice the future structure planning of the site or the zone.

LPS7 (and both TPS4 and LPS6) also establishes a Special Control Area over the airport site and surrounding land to establish controls on surrounding development in relation to noise and height consideration to enable the airport to operate.

Airport Development Plan Provisions

A full copy of the Airport Development Plan can be accessed on the Shire’s website here: https://www.broome.wa.gov.au/Shire-Services/Planning/Structure-Plans.

The main purpose of the Airport Development Plan is:

to provide an appropriate statutory planning framework to facilitate the effective continued operation and expansion of the Broome International Airport at its current location, until such time as aviation demand and/or airport impacts on the Broome community necessitate the airport’s relocation.

The Airport Development Plan is a two-phase plan. Plan A (Attachment 1) is the Airport Development Plan which is intended to be used to control development within the airport area, whilst the airport is operational at its current location. Plan B (Attachment 2) becomes operational once the airport ceases to operate from the site. It is noted within the Airport Development Plan that Plan B (post-airport relocation) may need to be reviewed to ensure that it accords with the objectives and other requirements pertaining at the time.

Plan A is the current operational plan under the Airport Development Plan. The Plan ‘zones’ the different portions of the airport site and the Table then provides direction on the Land Uses that can be approved at each of the ‘zones’.

Planning Strategy and Policy Framework

Local Planning Framework

Since the adoption of the Airport Development Plan in 2009, the Shire’s local planning framework has changed.

The Shire’s Local Planning Strategy was adopted by Council on 26 May 2022 and endorsed by the WAPC on 10 October 2023. The Airport site is identified as Planning Area B and the Strategy provides the following recommendations:

Area

Planning Direction

Actions

Rationale

Timing

Support long-term relocation of Broome Airport

Implementation strategy and Memorandum of Understanding (MOU) to be developed by the State Government, Shire of Broome and Broome International Airport. MOU to outline and establish common goals relating to the future relocation such as estimating timing and establishing a process that supports resolution of tenure for the new location.

Appendix 1 and the analysis in Section 4 (Part 2) suggests that there are sound planning reasons for why the airport should be relocated to an alternate site in the future. These include:

· The noise of operations causing disturbance to existing residents.

· It is stifling redevelopment opportunities in Chinatown, due to limitations on height and noise which limits the opportunity for residential to be established in the heart.

· It is resulting in continued sprawl and segregation of the Broome Townsite.

Establishing an MOU could help establish a preliminary agreement that outlines common goals and expectations in

achieving the Shire’s desired outcome, being a transition to a new airport site.

They are appropriate where formal legal relationships are not desired; though a mutually beneficial partnership is desired to be established and the goals outlined that all parties would work towards.

Short-term

(1-5 years)

Preparation of Structure Plan (in accordance with SPP7.1/SPP7.2) for the airport site that establishes long-term vision post-relocation. Structure plan would also need to consider:

· Interim planning consideration, acknowledging airport operations.

· The interface with adjacent land uses.

· Key movement corridors and connections that support an integrated urban structure.

· Environmental studies and considerations to support urban development.

· Servicing and utilities requirements.

The existing structure plan over the airport site is set to lapse in 2025. A new plan will need to be prepared. This plan will need to establish a clear vision and framework for the site that begins to strongly consider what happens on the airport site post relocation.

Medium-term (5-10 years)

Section 4.5.3 in Part 2 of the Local Planning Strategy includes further details on the airport. Some of the key analysis and findings are quoted below:

· Broome International Airport (BIA) is the ‘gateway to Kimberley’ and services a variety of markets including local residents, tourism and business travel, emergency services (e.g. Royal Flying Doctor Service Base) as well as the offshore oil and gas sector (e.g. Browse Basin with its heliport). Broome has traditionally been a tourism-based airport though it has grown rapidly in recent years through oil and gas related travel which assists in addressing some of the strong seasonality and contributes to reduced costs.

· The airport employs 90 direct staff members and generates close to 800 jobs in Broome and the Kimberly region and currently has more than 400,000 passengers a year through it.

· BIA is currently working toward establishing a permanent Singapore-Broome connection service after successful trial flights in 2018 and 2019. A direct connection with Singapore airport provides access to Europe without requiring a stop via a southern Australian airport. These European visitors represents a significant tourist market for Broome. BIA is also looking to further expand direct flights to eastern Australia in the peak and shoulder seasons. Increasing the inbound tourist market core to ensuring viability of the airport, given the low resident base in Broome.

· Further, significant infrastructure upgrades to terminals (to the tune of $14 million) which will enable the processing of up to 1.3 million passengers per year are currently being undertaken. Given the current passenger volumes outlined above, the airport has significant capacity to continue operations in its current location, for some decades to come. Duplication of the arrivals hall to facilitate both an international and national/local flight arriving simultaneously with customs processing of the former, is currently being considered.

· It is noted that investigations and negotiations were undertaken some time ago and a future airport site identified for Broome. Located approximately 15km north of the townsite, it is reserved in the current Scheme and this will be carried forward in LPS7. The pressure/need to develop land to the immediate north of the townsite and proper and orderly planning were previous reasons cited for the relocation of the airport. Though it is noted that in intervening years the current development patterns have adapted and Broome North and other developments together with the slowed population growth trajectory and a more than adequate supply of residential zoned or capable land to house future residents.

· Therefore, the drivers for relocation of the airport currently include:

- Aviation volumes/capacity reached;

- Community concerns or amenity/noise impacts;

- BIA’s investment in the existing airport being recouped;

- Land tenure for the future airport site being resolved between the government and BIA; and

- The underlying value of the land together with population growth pressures, indicating the land use would be better used/higher and better use.

· It is acknowledged that the presence of the airport has limitations on Chinatown in that it prevents development due to the Obstacle Limitation Surface (OLS) which limits the height of obstacles which may impact flight operations. The result is there is little attraction to developing residential in the town centre and these aspects are to an extent sterilising this central Broome land.

· It is acknowledged that the development of infrastructure of this scale and importance to the Kimberley Region and appropriate transitioning to the new location and decommissioning of the current site is a long-term process. However, the partnerships and commitment to commencing this project should ideally occur during the 15 year life of this Strategy.

· In summary, engagement undertaken for this Review established that some members of the community would like to see the airport relocated. Additionally, the Shire’s Elected Members/Councillors support the long term intent for airport relocation. Future planning needs to carefully consider what happens to the land in this precinct post-relocation. This Strategy recommends future precinct structure planning be undertaken post-relocation of the airport. This could include guidance on planning considerations such as land use and movement. It is preferable that an implementation strategy (including an MOU) is created in the short term for the transition and key stakeholders committed to this process.

Frame/Surrounding Lands

· Responding to the land in the frame of the airport and planning for a post-relocation future is an underlying principle of this Strategy. To the north west of the airport (Planning Area F in this Strategy) an education/health precinct providing for student accommodation, sporting facilities and residential development and potential relocation of the hospital. The discussions regarding the more likely future health campus location being related to the Health & Wellness Precinct in Planning Area D indicate that these uses are less likely there now.

· It is essential that the frame/surrounding uses of the airport is future proofed and flexibly planned to ensure integrated development with the core. The Structure Plan for the Airport that is to be renewed in 2025 should be prepared with the position of the best outcomes for the centre of Broome’s urban area, post-relocation of the airport.

The planning direction contained within the Local Planning Strategy is to support the long-term relocation of the airport and establishes short and medium term actions to deliver this objective. The short term action (1-5years) is to have an implementation strategy and an MOU to establish common goals relating to the future relocation (including estimating timing and establishing resolution of tenure). The long term (5 – 10 years) is to prepare a structure plan for the airport site that establishes long-term vision post-relocation.

It is noted that when Council adopted the Airport Development Plan in 2009, Council resolved that an MOU be prepared in relation to future relocation of the airport. There are no records that the Shire holds that shows progress was made on this element of the 2009 resolution, either by the Shire or Broome International Airport. At this time, land tenure of the new airport site was a constraint to relocation, while the new site for the airport had been identified, Native Title over the new site was not extinguished. The State Government did issue a Notice of Intent to Take in 1999 which if progressed, would have extinguished Native Title over the new airport site, however this was subsequently withdrawn in 2002, due to the preference to see Native Title being resolved across the whole townsite of Broome. As tenure of the new airport site could not be secured, in 2005 Broome International Airport outlined its intent to prepare the Airport Development Plan to enable improvement to airport facilities and to use non-operational areas of land. Native Title for the new airport site has since been extinguished through the Rubibi Community Determination (WCD2006/001, WAD6006/1998, WAD223/2004) in 2006 and the Yawuru ILUA, which was registered in August 2010. While Native Title has since been extinguished, the tenure of the new airport site has not been resolved.

An extension to the Airport Development Plan for a term of 10 years is not deemed consistent with the strategic direction provided in the Local Planning Strategy. The direction in the Local Planning Strategy is to ‘support the long-term relocation of the Broome Airport’ and the extension of the Airport Development Plan which purpose is to facilitate the effective continued operation and expansion of the Airport at its current location, is contrary to this direction.

Furthermore, if a 10 year extension to the term of approval were granted, the incentive for the investigation into the MOU and implementation strategy for the relocation of the airport would be reduced. This is a short-term action (1 to 5 years) in the Local Planning Strategy and, has been a consideration raised by Council since 2009 when the Airport Development Plan was adopted. The Local Planning Strategy outlines that the MOU/Implementation Strategy should establish:

· Stakeholder commitment to the process;

· Establishment of common goals including estimated timing for relocation and establishing a process that supports resolution of tenure for the new location.

Discussions with the Shire on the MOU and implementation strategy have not commenced and it is recommended that Broome International Airport provide an update on progress that has been made in this regard. This information would assist to inform what is an appropriate planning framework over the airport while it remains operational at the current site.

Since the adoption of the Airport Development Plan in 2009, the Shire has prepared the Corporate Business Plan, which includes the following action:

Advocate the relocation of Broome Heliport and General Aviation facility to the proposed Airport relocation site.

The above action aligns with the recommendations of the Local Planning Strategy and it is deemed that an extension of 10 years to the term of the approval of the Airport Development Plan would be inconsistent with the Corporate Business Plan.

State Planning Framework

The State Planning Framework has also been updated since the adoption of the Broome Airport Development Plan. The Kimberley Regional Planning and Infrastructure Framework (KRPIF) is a WAPC document adopted in December 2015, that defines a strategic direction for the future development of the region over the next 25 years. DPLH are currently performing a review of all the Regional Planning and Infrastructure Frameworks across the State but at this point a draft has not been released for public comment. The KRPIF established the following project in relation to aviation:

Relocation and redevelopment of the Broome International Airport beyond 2025.

Extent of subdivision/development uptake and implementation of the ADP

The Airport Development Plan is not a conventional Structure Plan, as Structure Plan’s typically guide subdivision and development of new urban areas (such as Broome North). As outlined above, the main purpose of the Airport Development Plan is to provide an appropriate statutory planning framework to facilitate the continued operation and expansion of the Broome International Airport.

A standard structure plan is considered to have achieved its purpose when the structure plan measures have been implemented, the land has been subdivided, and lot boundaries are established. It is then that the structure plan zones and reserves and planning controls applicable to lots, can be transferred into the Local Planning Scheme via the scheme amendment process. Therefore for a standard structure plan if there was limited subdivision/development uptake, it would be advisable to extend the approval term to ensure there is a continuing framework to guide subdivision and development.

The Airport Development Plan is not a standard Structure Plan and its purpose is to facilitate the expansion of land uses that the strategic planning framework recommends should be relocated. Therefore, while the level of development uptake is a relevant factor, limited uptake should not be used as a reason to extend the approval term, like in a standard Structure Plan. Instead, if the strategic framework recommends relocation of the land use, it would be more appropriate to consider not extending the term of approval or revising/amending the Airport Development Plan.

Since the Airport Development Plan was adopted by Council in November 2009 a total of 65 development applications have been approved with a total estimated development value of approximately $40 million (note other investment has occurred on the site, such as the resurfacing of the runway which is not included in this figure due to not requiring development approval). The majority of the development occurred within the portion of the Airport Development Plan identified as Aviation Services 1 (AS1). This is the land to the immediate south of Gus Winkle Drive where the Airport Development Plan allows for the following uses:

Existing uses and any airport operation related use compatible with or complimentary to the existing uses; air traffic services; airport rescue and fire fighting service; access roads.

The aerial imagery below shows the development that has occurred in this location, with the new development being aircraft and helicraft hangers to service the light aircraft and helicopter operations. It also includes the Royal Flying Doctor Service (RFDS) base and patient transfer.

Date of image: May 2009

2024

The other area of growth has been consolidated around the airport terminal. Aerial imagery is provided below and the development that has occurred in this location is the new arrival and departure lounge (approved 2013) and extension to airport terminal (approved 2018); and other incidental improvement such as parking.

May 2009 2024

The Airport Development Plan has not been developed to its full capacity. the Airport Development Plan does provide for an increase in development in the AS2, AS3 and AS4 areas, refer to (Attachment 1) and figure below for these zones.

Plan A – Airport Development Plan

The following table shows and describes the areas that remain vacant and could be further developed under the Airport Development Plan:

Description of area	Zoning under ADP	Land Uses permissible	Land Area Not Developed/percentage of overall area zoned
Site to the immediate south of Gus Winkle Drive	AS1	Aircraft hangars and any airport operation related use compatible with or complementary to the existing uses; air traffic services; airport rescue, fire fighting services and access road	1.76ha/31%
Extension of Gus Winkle Road to the west and land along common boundary with BRAC and Broome Boulevard	AS2	Aircraft hangars, airport operation related general and light industry; communication facilities; car hire and associated cleaning services; access roads and any other airport operation related uses compatible with or complementary to these uses	4.8ha/78%
Land to the immediate north of Gus Winkle Drive	AS3	Additional aircraft navigation aids; associated aviation and meteorological service facilities; car hire support facilities; airport related service and light industry	11.8ha/96%
Land to the immediate south of the northern boundary	AS4	All uses in AS3 and temporary non-aviation related warehousing and storage.	3.2ha/100% - this land has been utilised as storage/laydown area at various times.

Given the Airport Development Plan provides for further growth for a land use that should ultimately be relocated and specifically provides for expansion of heliport and general aviation, which the Shire’s Corporate Business Plan advocates for relocation to the new airport site, it is recommended that a 10 year extension is not granted.

Delivery based on set purpose, vision and objectives

The principal objective of the Airport Development Plan is outlined above which is to facilitate the effective continued operation and expansion of the airport at its current location until such time as aviation demands and/or airport impacts on the Broome community necessitate the airport’s relocation. The Airport Development Plan delivers on the objective of establishing a framework that provides for expansion of the airport at the current site.

Officers are not aware of any aviation demands necessitating the airport’s relocation and in terms of the community impacts, this largely relates to noise, road connections and travel times, and height limits on adjacent land. Further comment on noise impact is outlined under ‘noise’ headings below.

Whether consultation with the community and key stakeholders should be undertaken to confirm and adjust the direction and next stages of the plan

The recommendations of the Local Planning Strategy is in the short term for development of an implementation strategy and an MOU relating to the future relocation of the airport. This was also a position of Council in 2009 at the time of adopting the Airport Development Plan. This would require key stakeholder engagement.

Furthermore, as outlined in Part 2 of the Local Planning Strategy, it is essential that the airport which is a significant land area (146ha) centrally located in the townsite, is future proofed and planned to guide framing/surrounding land uses with the core of the airport site.

The Strategy further states that the Structure Plan for the Airport that is to be renewed in 2025 should be prepared with the position of the best outcomes for the centre of Broome’s urban area, post-relocation of the airport. The Airport Development Plan does include Plan B, which becomes operational once airport operations cease on site. However Plan B is inadequate as it only covers a portion of the airport site (Plan B covers 65% of the total airport site) and not the western extents, which is similarly zoned Urban Development to provide for further urban expansion.

Furthermore, Plan B is 15 years old and should be reviewed in line with the updated strategic planning framework (specifically the Local Commercial Strategy) and contemporary planning practices.

It is considered that further stakeholder and community engagement should occur on this element of the Airport Development Plan or commitments are provided to undertaking this body of work by the Broome International Airport.

Noise

One of the key impacts the operations of the airport at its current site has on Broome is noise. The ANEF contours that were prepared to support the current Airport Development Plan were modelled to 2025. The Airport Development Plan details that a Noise Abatement Program and ongoing monitoring of noise levels in sensitive areas will be performed, including the preparation of a Noise Management Plan.

This has been raised with Broome International Airport and it has confirmed that is would be amenable to arranging remodelling of the current ANEF contours should the Shire require it at this time. In relation to the monitoring of noise and noise management plan, Broome International Airport have advised that it has a Fly Neighbourly Program which can be accessed on its website which includes a public feedback line with limited complaints being received. In relation to noise monitoring, Broome International Airport have advised that the Air Services Australia is the body responsible for monitoring airport noise and given the size of Broome airport, no monitoring of noise has been performed.

As the current ANEF contours are modelled to 2025, extension to the term of approval for any term in the absence of update modelling is considered to be inconsistent with the principles of orderly and proper planning. Updated modelling of the ANEF contours is required to demonstrate whether noise from airport operations meets with the current Special Control Area provisions of LPS7.

It recommended that Council confirms that further information on updated ANEF modelling and noise monitoring should be performed prior to any extension to the term of the Airport Development Plan being entertained. This is pertinent given that the plan does provide for further expansion and growth of aviation activities on site, including further hangars for helicopters and light aircraft and given the age of the current modelling. As set out in the Airport Development Plan, helicopter operations, light aircraft circuits and engine run-ups are the highly variable sources of airport noise and may not consistently be accounted for in the ANEF contours.

Summary

Based on the above, it is recommended that Council advises the Department of Planning Lands and Heritage that it does not support a 10 year extension to the term of approval of the Airport Development Plan, for the following reasons:

a. The Airport Development Plan has not been developed to its full extent and provides for expansion of land uses, particularly helicraft and general aviation, that would be inconsistent with the strategic planning framework.

b. It would be inconsistent with the planning direction in the Shire of Broome’s Local Planning Strategy.

c. Plan B of the Airport Development Plan is inconsistent with the updated planning framework, specifically the Local Planning Strategy and Local Commercial Strategy. Plan B does not provide sufficient strategic direction to inform development framing/surrounding the airport site.

d. It would be inconsistent with the action identified in the Shire’s Corporate Business Plan which is to advocate for the relocation of Broome Heliport and General Aviation facility to the proposed Airport relocation site.

e. It would be inconsistent with the findings of the Kimberley Regional Planning and Investment Framework.

f. Updated stakeholder and community engagement should be undertaken to confirm and adjust the next stages of the Airport Development Plan as recommended in the Shire of Broome Local Planning Strategy.

g. The ANEF contours that support the Airport Development Plan were forecast to 2025. The Airport Development Plan also outlined a Noise Abatement Program and ongoing noise monitoring would be performed. In the absence of further information and updated ANEF modelling, extension to the term of approval is deemed inconsistent with orderly and proper planning.

If the recommendation to not extend the term of approval of the Airport Development Plan, is supported by the Western Australian Planning Commission, the following scenarios for a planning framework over the airport site, could be considered:

1. A shorter-term extension to the Airport Development Plan;

2. The Airport Development Plan is amended. Technical advice on a pathway to achieve an amendment has been provided which would include pre-lodgement discussions with the Department of Planning Lands and Heritage; renewal of the technical supporting appendices (particularly noise) and a review of the zones and additional uses currently provided for in the Airport Development Plan.

3. The Airport Development Plan lapses and a new Structure Plan is prepared.

4. The Airport Development Plan lapses and no Structure Plan is prepared. This scenario will mean that there will not be a planning instrument in place and the following must be satisfied for the Shire to be in a position to approve development:

- Development is of minor nature; and

- Development would not prejudice the future structure planning of the site or zone.

To be in a position to consider what an appropriate planning framework is for the airport site, firstly updated ANEF contours should be prepared to demonstrate that the Special Control Area provision in LPS7 are appropriate and the noise impacts meet acceptable planning approaches.

Secondly, commitments are required from Broome International Airport regarding the short-term recommendation in the Local Planning Strategy, which recommends that the implementation strategy and MOU to establish common goals relating to the future relocation of the airport be established.

To guide progression of an appropriate planning framework over the airport site, it is recommended that Council advise the Broome International Airport of the updated information to support further discussion with the Shire and DPLH on the most appropriate planning framework for the site.

CONSULTATION

The Shire has met with the Broome International Airport to discuss the request for extension to the term of approval. Broome International Airport have reaffirmed its reasons for seeking the extension (as highlighted in the background section above) and have expressed a willingness to progress an implementation strategy and MOU regarding airport relocation. The view of the Broome International Airport is that the airport will remain operational from the current site regardless of the status of the Airport Development Plan and therefore to enable effective operation, the extension to the term of approval of the Airport Development Plan should be granted and the implementation strategy and MOU can be progressed separately. Broome International Airport have advised it would be amenable to arranging remodelling of the current ANEF contours, should it be required at this time.

Broome International Airport attended a Council briefing on the 23 July 2024, which was attended by Councillors Mitchell, Male, Smith, Cooper, Mamid, Lewis, Taylor and Virgo. Representatives from Broome International Airport provided a presentation on the reasons for the request to extend the term of approval and reaffirmed the above position.

A further Council briefing was held on 10 September 2024 which was attended by Councillors Mitchell, Male, Smith, Cooper, Mamid, Lewis, Taylor, Virgo and Matsumoto.

STATUTORY ENVIRONMENT

Planning and Development (Local Planning Schemes) Regulations 2015

28. Duration of approval

(1) Subject to this clause and clause 29A, the approval of a structure plan has effect for —

(a) the period of 10 years commencing on the day on which the Commission approves the plan; or

(b) another period determined by the Commission when approving the plan.

(2) The Commission may extend the period for which the approval of a structure plan has effect under subclause (1) if there are no changes to the terms of the plan.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

RISK

The Airport is a significant employer and contributes significantly to the economy of Broome. It is important that the Airport can operate to ensure that the key economic function it performs continues. The recommendation to not support the extension to the term of approval does not put at risk the current airport operations, it will however mean that in the absence of an alternative planning framework being prepared, the Shire would only be able to approve minor development.

There is a risk that if the 10 year extension to the term of approval is granted, that there would be no compelling reason for the operator to work towards an implementation strategy and MOU for the long term relocation of the airport. Given the constraints the current airport location has on the strategic development of the Broome townsite, it is considered that the recommendation of the Local Planning Strategy that seeks the MOU as a short-term action be upheld and this request is not supported.

STRATEGIC ASPIRATIONS

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

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

REPORT RECOMMENDATION:

That Council:

1. Advise the Department of Planning Lands and Heritage that it does not support the request, submitted by Shrapnel Urban Planning on behalf of the Broome International Airport, to extend the term of approval of the Broome Airport Development Plan for 10 years, for the following reasons:

b. It would be inconsistent with the planning direction within the Shire of Broome’s Local Planning Strategy, which was adopted by the Western Australian Planning Commission on 10 October 2023.

c. Plan B of the Airport Development Plan is inconsistent with the updated planning framework, specifically the Shire’s Local Planning Strategy and Local Commercial Strategy. Plan B does not provide sufficient strategic direction to inform development framing/surrounding the airport site.

e. It would be inconsistent with the findings of the Kimberley Regional Planning and Investment Framework which includes ‘relocation and redevelopment of the Broome International Airport beyond 2025’ as a project.

g. The ANEF contours that support the Airport Development Plan were forecasted to 2025. The Airport Development Plan also committed to a Noise Abatement Program and ongoing noise monitoring. In the absence of further information and updated ANEF modelling, extension to the term of approval is deemed inconsistent with orderly and proper planning.

2. Requests the Broome International Airport provide an update to the Shire on the following matters so options for the planning framework over the airport site can be considered:

a. Progress that has been made on formulation of an implementation strategy and Memorandum of Understanding regarding airport relocation that addresses the recommendations in the Shire’s Local Planning Strategy and the Shire of Broome Corporate Business Plan. This is to include recommended pathway, timing and resource commitments to delivery of the implementation strategy and MOU.

b. Updated ANEF contours that model noise impacts beyond 2025 and noise monitoring of current airport operations to verify the ANEF contours.

3. Advise the Broome International Airport that subject to information being provided in part 2 above, discussion on the most appropriate planning framework for the site progress with the Broome International Airport, the Shire of Broome and the Department of Planning Lands and Heritage.

Cr. P Taylor moved the revised recommendation.

Cr. S Cooper seconded the revised recommendation.

Debate ensued.

Council Resolution:

(Recommendation) Minute No. C/0924/094

Moved: Cr S Cooper Seconded: Cr J Mamid

That Council allow Cr. P Taylor an addition five minutes to speak to his motion as per Shire of Broome Meeting Procedure Local Law 2020, Section 7.10.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

COUNCIL RESOLUTION

(REVISED Recommendation) Minute No. C/0924/095

Moved: Cr P Taylor Seconded: Cr S Cooper

That Council:

1. Advises the Department of Planning Lands and Heritage that the request submitted by Shrapnel Urban Planning on behalf of the Broome International Airport (BIA) to extend the term of approval on the Broome Airport Development Plan (ADP) for 10 years from the 19 October 2025 should not be considered until an updated Australian Noise Exposure Forecast (ANEF) is published demonstrating that the forecast noise impacts remain within acceptable industry standards.

1.1 Will only be able to effectively comment on the applicant’s proposal to extend the ADP after consideration of the updated ANEF.

2. Request the Chief Executive Officer to prepare a Memorandum of Understanding between the Shire of Broome and Broome International Airport, within 3 months, in relation to the following matters:

a) The Shire of Broome and Broome International Airport to jointly advocate to the State Government the need to establish an agreement for BIA to secure freehold title on the proposed new airport site on a staged basis prior to commencing detailed planning for a staged relocation.

b) Establish an understanding of the broad principles relating to the timeframe and trigger points for the planning and timing of the staged relocation of the current airport activities to the new site.

c) Jointly participate in forming a high-level visioning of the future of the current airport site post relocation, having regard to the opportunities, road & services connectivity, potential uses and integration with surrounding development.

d) Developing an agreed position that if the updated ANEF forecast noise impacts remain within acceptable industry standards a revised Airport Development Plan A & B to be established at least 12 months prior to the expiry of the current extended plan.

e) Establishing a framework to discuss and address, where practical, other matters relating to impacts on the community in relation to the operations of the airport in its current location such as improved noise mitigation.

3 Reviews the actions relating to the Airport in the Corporate Business Plan as a part of its review to reflect the intent of the proposed MOU between the Shire of Broome and Broome International Airport.

For the Motion: Shire President C Mitchell, Councillor D Male, Cr S Cooper, Councillor P Taylor and Cr M Virgo.

Against the Motion: Cr J Lewis, Cr J Mamid, Cr P Matsumoto and Cr E Smith.

CARRIED 5/4

Reason:

· The Council cannot reasonably consider the BIA application to extend the current ADP prior to the ANEF results being reviewed.

· Discussions about forming an MOU have been considered for over 15 years but not actioned to date. A collaborative approach to issues relating to the airport is necessary now.

· It is unrealistic for the BIA to start planning for a staged relocation to the proposed alternated airport site until the tenure of the new airport site has been agreed.

· Broome Airport is a key economic driver of the Broome economy and has invested heavily under the current Airport Development Plan and should be provided the opportunity to fully amortise that significant investment over a suitable time frame.

· Under Broome’s most optimistic population growth trajectory, the current airport site is unlikely to be required for either additional residential or commercial actively in the next 20 to 25 years. Broome North, Roebuck Estate, the Western Triangle and the adjacent Yawuru residential development site is capable of providing the necessary housing stock in the interim.

· Broome is likely to be subject at least 4 or 5 new Local Planning Schemes prior to the final relocation from the current airport site. Detailed planning of the current airport site post relocation now is therefore impractical.

· The Shire of Broome will still have development controls over any further developments on airport land.

Attachments

1.	Plan A - Airport Development Plan
2.	Plan B - Airport Development Plan

Minutes – Ordinary Council Meeting 19 September 2024 Page 1 of 2

9.2 Place

Shire President C Mitchell declared an Impartiality Interest in item 9.2.1, the reason being “he coordinates a volunteer wildlife group that cares for injured turtles, and remained in the meeting.”

Cr. E Smith declared an Impartiality Interest in item 9.2.1, the reason being “Yawuru Park Council has management control and interests in Cable Beach and turtle management, and remained in the meeting.”

Cr. S Cooper declared in Impartiality Interest in Item 9.2.1, the reason being “He is a volunteer at Native Animal Reserve Broome and commit time and effort to the rehabilitation of turtles and remained in the meeting.”

9.2.1 Extension of Cable Beach vehicle access ramp closure to include February annually
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	RES 36477; NAT55.1; NAT55.3
AUTHOR:	Director Development Services
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Director Development Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

This report provides a summary of the Yawuru Park Council (YPC) recommendation of June 2024 and the results of community consultation regarding the potential extensions of vehicle ramp closure of the Cable Beach vehicle Access Ramp to include February on top of existing December and January annual closures.

This report recommends that Council, in accordance with the provisions of Section 3.50(4) of the Local Government Act 1995, closes the Cable Beach Vehicle Access Ramp from 1 December to 28 February on an annual basis in addition to existing annual seasonal overnight and high tide closures in October and November.

BACKGROUND

Previous Considerations

OMC 19 March 2009 Item 9.5.2

OMC 30 September 2010 Item 9.4.2

OMC 24 June 2021 Item 9.2.4

OMC 18 November 2021 Item 9.2.3

OMC 28 July 2022 Item 9.2.1

OMC 25 August 2022 Item 9.2.1

OMC 27 October 2022 Item 9.2.1

OMC 25 July 2024 Item 9.2.1

OMC 19 March 2009

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

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

OMC 30 September 2010

At the OMC held on 30 September 2010, Council unanimously resolved to continue ramp closures during the turtle season with ramp closures coming into effect each year on 1 October through to 28 February, closures occurring overnight between 8pm and 6am, as well as 2 hours either side of a tide higher than nine metres. These closures continue on an annual basis.

OMC 24 June 2021

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

The petition detailed at the workshop was important for the following reasons:

• Flatback turtles are a threatened species listed under the Environmental Protection Biodiversity Conservation Act 1999 (EPBC Act) and are therefore legally protected;

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

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

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

Council resolved:

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr C Mitchell Seconded: Cr N Wevers

That Council:

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

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

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

CARRIED UNANIMOUSLY 9/0

OMC 18 November 2021

At the OMC of 18 November 2021, Council considered the YPC recommendation of 10 June 2021 and the YPC Working Group (in collaboration with DBCA turtle scientist and Cable Beach Turtle Monitoring Volunteers), Turtle Review paper.

The YPC resolved to instruct the YPC Working Group to amend the briefing note to:

· ensure that it provides a comprehensive reference in support of a review of management arrangements for effective conservation of nesting marine turtles on Cable Beach; and

· ensure that it presents findings and evidence, including available data, linked explicitly to proposed management options (including changes to opening times for Cable Beach vehicle access ramp) to be considered at the next YPC meeting.

Following the 10 June 2021 YPC meeting, the YPC Working Group undertook further research, including engaging a DBCA turtle scientist, review of international research and engagement with YPC membership, including the Shire of Broome (Shire) and Yawuru Prescribed Body Corporate (Yawuru).

As a result of the review, additional information was tabled at the YPC meeting on the 23 September 2021. The recommendation made to the YPC included closure of the ramp completely from 1 December 2021 to 31 January 2022. However, the YPC did not support the YPC Working Group recommendation and made the following resolution instead:

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

1. Implement a new and complete access ramp closure from 1 December to 30 January, commencing 2022, subject to, the implementation of the risk management strategy as set out in section 10 of the report, to the satisfaction of the YPC, to be determined at the YPC meeting to be held in June 2022.

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

The recommendation from the YPC meeting on the 23 September 2021 was considered at the Ordinary Meeting of Council on the 18 November 2021, where it was resolved as follows:

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr C Mitchell Seconded: Cr B Rudeforth

That Council:

1. Supports the recommendation of the Yawuru Park Council

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

3. Notes the Yawuru Park Council in Principal Support to implement full ramp closure for all vehicles (other than essential Council services, licensed businesses and emergency vehicles), from 1 December to 31 January 2023, with closure between 2000 hours and 0600 hours each day between 1 October and 30 November 2022 and 1 February and 28 February 2023 between 2000 hours and 0600 hours each day and Minutes – Ordinary Council Meeting 18 November 2021 Page 120 of 398 two (2) hours both side of high tide where the tide is 9.0 metres (Admiralty Datum) or higher.

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

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

CARRIED UNANIMOUSLY 7/0

Consequently, ramp closures for the 2021/22 turtle nesting season occurred in accordance with the decision of 30 September 2010, with the vehicle access ramp closed from 1 October and 28 February between 8pm and 6am and for two hours either side of any tide above 9.0 metres, and no full ramp closure.

Turtle monitoring continued over the 2021/22 turtle nesting season, with additional data collected on tyre ruts during the hatchling season. Data collected during the 2021/22 nesting season was included in a report on monitoring results..

At the YPC meeting of 22 June 2022, the YPC considered further recommendations of the YPC Working Group, including additional data collected during monitoring, including mortalities from tyre ruts. The YPC Working Group recommended to the YPC a two-month full closure of the Cable Beach vehicle ramp, to coincide with the peak turtle hatching months of December and January, each year, commencing 1 December 2022.

The two-month full closure was proposed in addition to the then existing Cable Beach vehicle access closures during turtle nesting season which provides closure of the vehicle access ramp from 1 October to 28 February between 8:00pm and 6:00am each day and two hours both sides of the high tide where the tide is 9.0 metres or higher. The YPC agenda item also provided an update on implementation of the Risk Management Strategies as set out in the report of 23 September 2021.

The YPC recommendations from this meeting were considered by Council at the 28 July 2022 OMC and the following resolution was moved and passed:

Council Resolution:

Minute No. C/0722/083

Moved: Cr B Rudeforth Seconded: Cr N Wevers

That Council defer consideration of this item until Council has been briefed by the Department of Biodiversity, Conservation and Attractions (DBCA) regarding their Cable Beach Turtle Monitoring Program report in addition to receiving a presentation from DBCA and the Yawuru Park Council on proposed plans at Gantheaume Point, preferably within 30 days.

CARRIED UNANIMOUSLY 8/0

A briefing was subsequently presented to Council by representatives of DBCA and YPC at a workshop on 16 August 2022.. Key issues raised by DBCA during the briefing to Council included:

· Flatback Turtles are protected by State and Federal legislation (see legislation section of this report)

· Current beach access closures are sufficient to protect nesting turtles

· Tyre ruts are having a direct impact on turtle hatchlings

· Along with current ramp closures, a total ramp closure for December and January annually will protect both nesting turtles and turtle hatchlings

· Vehicle traffic counts indicate capacity for vehicles to shift from Cable Beach to Gantheaume Point to access Cable Beach without significant disruption

· Cable Beach flatback turtles nest only on Cable Beach

· Impacts on turtle hatchlings directly impacts on adult turtle numbers returning to Cable Beach

· The proposed closure recognises the need to balance protecting ecological values and recreational values of Cable beach

Following the briefing, Council considered this matter at the OMC held on 25 August 2022 and resolved as follows:

Council Resolution:

Minute No. C/0822/101

Moved: Cr N Wevers Seconded: Cr B Rudeforth

That Council:

1. Pursuant to section 3.50(1a) of the Local Government Act 1995 advertises for public submission for a period of 28 days the potential full closure of the Cable Beach vehicle access ramp, located on Reserve 36477, for vehicles (other than essential Council services, licensed businesses and emergency vehicles or any vehicles authorised by the Shire of Broome Chief Executive Officer) during the turtle nesting season from 1 December to 31 January;

2. Requests the Chief Executive Officer prepare for Council consideration a report on the outcomes of the advertising of the potential vehicle ramp closure at the October Ordinary Meeting of Council; and

3. Continue with part closure of the vehicle access ramp commencing 1 October 2022 until 28 February 2023 between 2000 hrs and 0600 hrs each day and during two (2) hours both sides of a high tide where the tide is 9.0m Australian Height Datum.

CARRIED UNANIMOUSLY 8/0

In accordance with Council’s decision on 25 August 2022 and the provisions of Local Government Act, the proposed road closure was advertised seeking public comment. The closure was advertised in relevant newspapers, on the Shire’s website and on social media. The comment period ran from 1 September to 28 September.

Total valid submissions received was 737. This was considered a statistically relevant response. 92% of valid responses supported ramp closure, with 5% of responses objecting to closure, broken down as follows:

Form	Support	Object	Dismissed	Invalidated
Written Submissions	413	11		2
Web Submissions	269	24	20	10
TOTAL	682	35	20	12
% RESULT	92%	5%	3%

Council considered the results of this community engagement and reconsidered the requested closure at the OMC held on 27 October 2022, where the following was resolved:

Council Resolution:

(Report Recommendation) Minute No. C/1022/001

Moved: Cr N Wevers Seconded: Cr C Mitchell

That Council:

1. Supports the 22 June 2022 recommendation of the Yawuru Park Council;

2. Pursuant to section 3.50(1a) of the Local Government Act 1995 closes the Cable Beach vehicle access ramp located on Reserve 36477 for the purposes of protecting nesting and hatching turtles from 1 December to 31 January the following year, annually for all vehicles other than essential Council services, DBCA and Yawuru Rangers, licensed businesses and emergency vehicles or any vehicles authorised by the Shire of Broome Chief Executive Officer;

3. Pursuant to section 3.50(1a) provides public notice of the closure as per point 2 above, annually;

4. Continue with part closure of the vehicle access ramp between 1 October until 30 November annually and from 1 February until 28 February annually between 2000 hrs and 0600 hrs each day and during two (2) hours both sides of a high tide where the tide is 9.0m Australian Height Datum for all vehicles other than essential Council services, licensed businesses, vehicles permitted under events and booking permits, emergency vehicles or any vehicles authorised by the Shire of Broome Chief Executive Officer; and

5. Pursuant to Section 3.50(5) of the Local Government Act 1995 advise the Commissioner of Main Roads of the closure of the thoroughfare for December and January; annually.

CARRIED UNANIMOUSLY 7/0

Implementation of closures occurred in accordance with Council’s decision. Closures for the 2022/2023 were impacted by closure of the ramp for an extended period due to weather conditions that resulted in the ramp remaining closed until 7 April 2023.

The closure occurred as scheduled for the 2023/2024 turtle nesting season, with the ramp open from on 1 February 2024 in accordance with the 27 October 2022 resolution of Council.

The YPC Working Group discussed options around extending the vehicle ramp closure to include February based on concerns raised by the community directly to members of the YPC. It is noted that public Questions were also raised at Council meetings in February and March, as well as motions moved at the Annual Electors meeting calling for an extension of the vehicle ramp closure for full February on top of the December and January ramp closures.

Further to the concerns raised by the community, the YPC Working Group considered several new items of data presented by DBCA. This data consisted of a Briefing paper presented to YPC (Attachment 1) as well as a DBCA summary report assessing six years of turtle nesting data (Attachment 2).

Consideration of the community comment and the data presented by DBCA resulted in a recommendation from the YPC Working Group being presented to the Yawuru Parks Council at the 19 June 2024 meeting of the YPC. At this meeting the YPC resolved as follows:

The Yawuru Park Council supports the recommendations of the YPC Working Group to:

· Request the Shire of Broome to extend the complete access ramp closure of December and January annually to include the month of February on an annual basis.

· Request the Shire of Broome to maintain the existing October 1 to November 30 access ramp closures (Overnight from 8pm-6am and 2 hours either side of a tide higher than 9 metres), in addition to the December 1 - February 28 full closure.

Council considered this request in the context of the above information and on 25 July 2024 resolved to undertake community engagement in accordance with Section of the Local Government Act:

Council Resolution:

(Report Recommendation) Minute No. C/0724/002

Moved: Cr J Mamid Seconded: Cr J Lewis

That Council:

1. Notes the 19 June 2024 recommendation of the Yawuru Park Council;

2. Pursuant to Section 3.50(1a) of the Local Government Act 1995, advertises for public submission for a period of 28 days, the intention to introduce a full closure of the Cable Beach vehicle access ramp, located on Reserve 36477, for vehicles (other than essential Council services, licensed businesses and emergency vehicles or any vehicles authorised by the Shire of Broome Chief Executive Officer) during the turtle nesting and hatching season from 1 December to 28 February on an annual basis; and

3. Requests the Chief Executive Officer prepare for Council consideration a report on the outcomes of the advertising of the potential vehicle ramp closure at the September Ordinary Meeting of Council.

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

Cr P Taylor, , Cr E Smith, Cr J Mamid.

CARRIED UNANIMOUSLY 8/0

As per Council’s decision above and the provisions of the Local Government Act, the proposed road closure was advertised seeking public comment. The closure was advertised in relevant newspapers, on the Shire’s website and on social media. The comment period ran from 1 August to 30 August 2024.

COMMENT

There are a number of factors that have resulted in the current schedule of vehicle ramp closures, based on assessments of impacts on nesting turtles and impacts on turtle hatchling mortality rates from vehicles, particularly tyre ruts. The current closures were developed to minimise these potential impacts. Assessment of these current closures included communications and engagement and analysis of turtle monitoring data.

Recent years have seen ramp closures extended due to weather impacts on the vehicle ramp, however, at the start of 2024 the ramp condition allowed opening on 1 February 2024 in accordance with Council resolution.

During the 2023/2024 turtle breeding season a number of impacts were identified consistent with previous data analysis, including turtle hatchlings caught in tyre ruts. Numerous community members contacted Council and the Shire to confirm these impacts, with public questions as well as a Motion related to this matter being raised at the Annual Electors Meeting held 15 February 2024 as well as the OMC held 29 February 2024.

In addition to previous analysis and data that concluded that nesting and hatching turtles require protection from vehicles, aggregation and compilation of monitoring data for the period 2017 to 2023 has been prepared by DBCA to allow for identification of trends and potential risks to turtle breeding, which is provided in Attachment No 2.

This data provides a summary of the 2023/2024 monitoring program and also tracks nesting and hatching across multiple years and includes total numbers of nests from 2017 to 2023.

It is noted that monitoring now uses modelling and extrapolation from data over the total monitoring program, and consequently only requires physical monitoring over a seven week period. The monitoring program has been modified to ensure that adequate data is collected with resources available, while still ensuring useable data for continued analysis.

Importantly, while the monitoring program has been modified, the monitoring program still covers the totality of the turtle nesting period (as opposed to the nesting and hatching period previously monitored) and by application and extrapolation of the aggregated data, turtle hatching for any season can be analysed. For example, using the data and applying the analysis has determined that 14 nests would have hatched during February in 2024.

Data from the monitoring period between 2017 and 2023 shows that roughly 20% of turtle nests are hatching during the month of February each year (See Table 7 in Attachment No 2). The length of period that data has been collected at Cable Beach, as well as the use of data extrapolation from other turtle monitoring programs, provides some surety that this is an accurate figure.

Twenty percent of the turtle population that nests at Cable Beach is considered significant. For this reason the YPC considers that there is sufficient evidence that the current closures should be reviewed to allow for increased protection of turtle hatchlings.

Public advertising of the road closure resulted in a statistically relevant number of submissions, with a total of 929 submissions received, with 64% of submissions supporting closure in February in addition to current closures. When considering the need for additional closures, the following factors lead to the conclusion that Council should support closure during February, on top of existing closures:

· The protected status of Flatback turtles in both State and Federal legislation

· The data from six years of monitoring confirming that twenty percent of turtle hatching occurs in February;

· Inclusion of conservation of turtle breeding areas of Cable Beach as a specific action in Council’s Corporate Business Plan (CBP);

· Scientific evidence that turtles nesting on Cable Beach are part of a distinct genetic cohort that does not breed at other locations;

· Clear majority of community members support closure during February; and

As a result of the public comment received, the objectives of Council’s CBP and State and Federal legislation requiring protection of flatback turtles, a recommendation is made to include closure of the Ramp in February in the current regime of ramp closures.

CONSULTATION

As per Council’s decision July 2024 and consistent with the provisions Section 3.50(4) of the Local Government Act, the proposed road closure was advertised seeking public comment. The closure was advertised in relevant newspapers, on the Shire’s website and on social media. The comment period ran from 1 August to 30 August 2024.

The following results were received during public advertising of the potential closure of the thoroughfare, summarised in Attachment 3:

· 925 submissions through Shire website public notices portal

· Three written (emailed) submissions

The 928 submissions received during public advertising resulted in the following:

· 593 submissions in favour of closure during February

· 332 submissions in favour of current closure periods during February

· 3 Written submissions emailed direct to the Shire

· 3 submissions were assessed as being submitted incorrectly, though there inclusion has no substantive impact

· 2 submission removed as they were duplicates

This equates to 64 percent of the 925 submissions expressing support for closure and 36 percent of the 925 submission objecting to closure of the vehicle ramp in February.

85.5 percent of submissions in support of closure (524) were from people that listed a local postcode. 85.9 percent of submissions in favour of retaining access during February (297) were from people that listed a local postcode.

Two of the emailed submissions support closure of the vehicle ramp during February, while one, received from Recfishwest, does not support closure. Protection of turtle hatchlings was noted in the written submissions supporting closure, while the Recfishwest submission recommended no closure of the vehicle ramp in February due to potential impact on access to fishing opportunities. It is noted however that only one submission mentioned this as a reason for objecting to the closure, and access is only closed to vehicles on the beach.

Consultation included discussion with:

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

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

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

The Cable Beach Club and Department of Education’s Cable Beach Camp School were consulted as part of the previous closure process as the only landowners with direct frontage to the Vehicle Ramp.

A written response confirming support for the closure of the ramp for December and January was received from Cable Beach Club, subject to confirmation that permit holders, events and other permitted uses would not be adversely affected.

A written response was received from the Camp School with no comment on the closure.

Clear feedback from the Shire of Broome Community Scorecard 2024 and the draft Animal Management Plan May 2024 community engagement processes supports protection of nesting turtles, nests, and hatchlings.

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 3.50 of the Local Government Act contains provisions for the closure of roads and includes explicit powers for closure of a thoroughfare for more than four weeks under Section 3.50(1a). Section 3.50(4)(a) requires a public comment period where a Local Government intends to close a road for a period greater than four weeks.

3.50. Closing certain thoroughfares to vehicles

1. (1) A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.

2. (1a) A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period exceeding 4 weeks.

3. (2) The order may limit the closure to vehicles of any class, to particular times, or to such other case or class of case as may be specified in the order and may contain exceptions.

(4) Before it makes an order wholly or partially closing a thoroughfare to the passage of vehicles for a period exceeding 4 weeks or continuing the closure of a thoroughfare, the local government is to —

(a) give local public notice of the proposed order giving details of the proposal, including the location of the thoroughfare and where, when, and why it would be closed, and inviting submissions from any person who wishes to make a submission; and

(b) give written notice to each person who —

(i) is prescribed for the purposes of this section; or

(ii) owns land that is prescribed for the purposes of this section;

and

(c) allow a reasonable time for submissions to be made and consider any submissions made.

4. (5) The local government is to send to the Commissioner of Main Roads appointed under the Main Roads Act 1930 a copy of the contents of the notice required by subsection (4)(a).

5. (6) An order under this section has effect according to its terms, but may be revoked by the local government, or by the Minister, by order of which local public notice is given.

The definition of a thoroughfare as per the Local Government Act is as follows:

thoroughfare means a road or other thoroughfare and includes structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end;

Environmental Protection Biodiversity Conservation Act 1999

Flatback turtles are a threatened species listed as ‘vulnerable’ under Section 178 of the EPBC Act 1999 and are legally protected.

Biodiversity Conservation Act (WA) 2016

Flatback turtles are listed as ‘rare or likely to become extinct’ under the WA State Government Biodiversity Conservation Act. All marine turtles that occur in Western Australia are protected under the Biodiversity Conservation Act 2016. Under this legislation, a person must not disturb fauna unless that person has lawful authority to disturb it.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The cost of locking the gates at Cable Beach during the nesting and hatching season is contained within the existing Shire operating budget.

RISK

There is strong community support for the conservation of turtle breeding sites, and this has been reflected in the Shire’s Corporate Business Plan 2023-2027. Failing to close access increases the risk of a negative community reaction due to potential turtle fatalities

There is also frequent vehicular access to Cable Beach for recreational and cultural purposes. Closing this access risks a negative community reaction due to dissatisfaction from the lack of access.

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

Actions 5.2.4 Facilitate conservation of turtle breeding sites through managing vehicle access to Cable Beach during the wet season and community education.

Cr P Matsumoto left the Chambers at 6:00pm.

Cr P Matsumoto returned to the Chambers at 6:01pm.

VOTING REQUIREMENTS

Simple Majority

Cr S Cooper moved the revised recommendation.

Cr P Taylor seconded the revised recommendation.

Debate ensued.

REVISED RECOMMENDATION

Minute No. C/0924/097

Moved: Cr S Cooper Seconded: Cr P Taylor

The extended closure of the cable beach access ramp is not commenced until February 2027 .

For the Motion: Cr S Cooper.

Against the Motion: Shire President C Mitchell, Councillor D Male, Cr J Lewis, Cr J Mamid, Cr P Matsumoto, Cr E Smith, Councillor P Taylor and Cr M Virgo.

LOST 1/8

Council Resolution:

(Report Recommendation) Minute No. C/0924/096

Moved: Cr M Virgo Seconded: Cr P Taylor

That Council:

1. Supports the Yawuru Park Council recommendation dated 19 June 2024 that requests the Shire of Broome to:

a. Extend the complete access ramp closure of December and January annually to include the month of February on an annual basis.

b. Maintain the existing October 1 to November 30 access ramp closures (Overnight from 8pm-6am and 2 hours either side of a tide higher than 9 metres), in addition to the December 1 - February 28 full closure.

2. Pursuant to section 3.50(1a) of the Local Government Act 1995 closes the Cable Beach vehicle access ramp located on Reserve 36477 for the purposes of protecting nesting and hatching turtles from 1 December to 28 February the following year, annually for all vehicles other than essential Council services, DBCA and Yawuru Rangers, licensed businesses and emergency vehicles or any vehicles authorised by the Shire of Broome Chief Executive Officer;

3. Pursuant to section 3.50(1a) provides public notice of the closure as per point 2 above, annually;

4. In accordance with the request from the Yawuru Parks Council, continues with annual part closure of the Cable Beach vehicle access ramp located on Reserve 36477 for the purposes of protecting nesting and hatching turtles from 1 October to 30 November annually between 2000 hrs and 0600 hrs each day and during two (2) hours both sides of a high tide where the tide is 9.0m Australian Height Datum for all vehicles other than essential Council services, licensed businesses, vehicles permitted under events and booking permits, emergency vehicles or any vehicles authorised by the Shire of Broome Chief Executive Officer; and

5. Pursuant to Section 3.50(5) of the Local Government Act 1995 advise the Commissioner of Main Roads of the closure of the thoroughfare for December, January and February, annually.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	Attachment 1 - YPC Working Group Briefing Note
2.	Attachment 2 - Summary of Monitoring Data 2017 to 2023
3.	Attachment 3 - Community Engagement Outcomes Summary

Minutes – Ordinary Council Meeting 19 September 2024 Page 1 of 2

9.4.3 MONTHLY FINANCIAL REPORT - AUGUST 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Manager Financial Services
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Acting 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 receive the Monthly Financial Report for the period ended 31 August 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; and

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

COMMENT

The August 2024 Monthly Financial Report provides an update on operating and capital project progress.

Many of the variances in the August report are timing variances resulting from year-to-date posting delays. Details of major variances (Actual to Budget) are provided in Note 3 of the Monthly Financial Report. A few key variances being:

· The financial assistance grant received in June 2024 was initially budgeted for 2024/25 – permanent variance.

· Some utility charges and kerbside collection invoices for August 2024 have been posted to September due to timing issues.

· The first insurance instalment was paid earlier than estimated.

· The key worker housing project has been awarded, with capital expenditure anticipated to commence soon.

· Non-cash items, such as depreciation and profit or loss from asset disposals, are not included in the attached financial statements. These figures come from the asset system and will be processed into the 2024/25 financials once the 2023/24 annual financial report has been finalised.

Key indicators of the 2024/25 year-to-date budget position are as follows:

Budget Year Elapsed	17%
Total Rates levied	99%
Total Operating Revenue (excluding Rates and Profit on asset disposals)	38%
Total Operating Expenditure (excluding Depreciation and Loss on asset disposals)	14%
Total Capital Revenue	8%
Total Capital Expenditure	9%

Budget Amendments

All budget amendments require an Absolute Majority decision of Council, including transfers in and out of the Shire’s cash Reserves.

At the Special Council Meeting on 6 June 2024, the Council approved funding allocations to successful applicants for the 2024/25 Community Development Fund, Streams 1, 2 and 3. The Officer’s report noted that $26,500 for successful Stream 1 applicants would be funded through the Energy Developments Limited—West Kimberley Community Fund (EDL) grant, which is held in the Shire’s reserves. This decision was made after the 2024/25 Annual Budget was finalised. Budget amendments are recommended to implement this Council decision.

· Budget increase of $26,500 for Account 100235930 Transfer from EDL Sponsorship Reserve (cash inflow from reserve),

· Budget increase of $26,500 for Account 100221730 EDL Sponsorship Programme (other operating expenditure),

· Budget increase of $19,500 for Account 100221720 Community Development Fund Stream 1 and Quick Response Grants (other operating expenditure), and

· Budget decrease of $19,500 for Account 100221740 Community Development Fund Stream 2 and 3 (other operating expenditure),

to satisfy the prior resolution of Council, Minute No. C/0624/066, approving the allocations for the 2024/25 Community Development Fund program, for Stream 1, 2 and 3 applications and utilising funding through the Energy Development Limited grant. This has no impact on municipal funds.

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 attached financial statements summarize the transactions for the 2024/25 financial year. The closing position as of 30 June 2024 may change due to year-end accruals and non-cash adjustments. The final closing position and statements will be provided in the audited annual financial report, expected to be adopted at the December Ordinary Council Meeting.

All budget amendments must be approved by an absolute majority of Council. The proposed changes will increase transfers from reserves (bringing in cash from financing activities) and increase other operating expenses.

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/0924/100

Moved: Cr J Lewis Seconded: Cr E Smith

That Council:

1. Receives the Monthly Financial Report for the period ended 31 August 2024 as attached; and

2. Approves the following 2024/25 budget amendments to implement Council's previous resolution, Minute No. C/0624/066, regarding the allocation of the 2024/25 Community Development Fund program and Energy Development Limited grant funding:

a. Budget increase of $26,500 for Account 100235930 Transfer from EDL Sponsorship Reserve;

b. Budget increase of $26,500 for Account 100221730 EDL Sponsorship Programme;

c. Budget increase of $19,500 for Account 100221720 Community Development Fund Stream 1 and Quick Response Grants; and

d. Budget decrease of $19,500 for Account 100221740 Community Development Fund Stream 2 and 3.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

Attachments

1.	Monthly Financial Report - August 2024

Minutes – Ordinary Council Meeting 19 September 2024 Page 1 of 2

Attachment 1 is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((f)(ii)) as it contains “a matter that if disclosed, could be reasonably expected to endanger the security of the local governments property”.

9.4.4 Minutes and Recommendations from Audit and Risk Committee Meeting held on 28 August 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	COA01
AUTHOR:	Manager Financial Services
CONTRIBUTOR/S:	Nil
RESPONSIBLE OFFICER:	Acting Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

SUMMARY:

Council is requested to consider the recommendations of the Audit and Risk Committee, to receive the three audit reports related to:

1. Performance Audit - Physical Security Of Server Room Assets 2024,

2. Interim Audit Management Report for year ended 30 June 2024, and a

3. Progress update of the findings identified in the:

a) 2022/2023 Final Audit Management Report;

b) Interim Audit Management Report for year ended 30 June 2024; and

c) Performance Audit 2024 – Local Government Physical Security Server Room Assets (Emerging Findings).

BACKGROUND

Item 5.1 Performance Audit - Physical Security Of Server Room Assets 2024

Previous Considerations

Nil.

The Office of the Auditor General (OAG) conduct performance audits to assess the efficiency and effectiveness of public sector activities, services and programs. These audits highlight issues surrounding regulatory, financial and administrative processes and can also highlight best practice approaches for all entities to consider implementing.

Topics for audit are selected by the Auditor General, and may include request for audit from Parliament, the government or broader community.

Results of the audit are tabled in Parliament and published on the OAG website.

Item 5.2 Interim Audit 2023/2024

Previous Considerations

Nil.

Under section 7.9 of the Local Government Act 1995 (the Act), an Auditor is required to examine the accounts and annual financial report submitted by a local government for audit. The Auditor is required to prepare a report by 31 December following the financial year to which the accounts and report relate and forward a copy of that report to:

(a) The Mayor or President;

(b) The Chief Executive Officer (CEO); and

Furthermore, under Regulation 10(4) of the Local Government (Audit) Regulations 1996 (Audit Regulations), where it is considered appropriate to do so, the Auditor may prepare a Management Report to accompany the Auditor’s Report, which is also to be forwarded to the persons specified in section 7.9 of the Act.

The Auditors may in accordance with their audit plan prepare an interim audit to consider relevant components of the annual financial report.

In accordance with section 7.12A (3) of the Act, the Audit and Risk Committee (the Committee) is required to examine the reports of the Auditor after receiving a report from the CEO on the matters reported and:

· Determine if any matters raised require action to be taken by the local government; and

· Ensure that appropriate action is taken in respect of those matters.

Item 5.3 Progress Update - Audit Reports

2022/2023 Final Audit Management Report

SMC 21 December 2023 Item 5.4.1

ARC 22 April 2024 Item 6.2

The Shire’s Final Audit Management Report for the 2022/2023 financial year was received by Council at the SMC 21 December 2023, in Confidential Attachment 3 of the Audit and Risk Committee Minutes of 19 December 2023.

An update of the progress of audit findings contained in the Shire’s 2023 Final Audit Management Report was received by the Audit and Risk Committee at ARC 22 April 2024 and the following was resolved:

COMMITTEE RESOLUTION:

(REPORT RECOMMENDATION) Minute No. AR/0424/003

Moved: Shire President C Mitchell Seconded: Cr M Virgo That the Audit and Risk Committee recommends that Council:

1. Receive the progress update of findings as per Confidential Attachment 1; and

2. Requests the Chief Executive Officer to progress the finalisation of all outstanding findings as soon as practicable.

CARRIED UNANIMOUSLY 3/0

2023/2024 Interim Audit Management Report

The Shire’s Interim Audit was conducted by RSM Australia (RSM) on behalf of the Office of the Auditor General (OAG) on 15-19 April 2024. A copy of the Interim Audit Management Report has been tabled in a separate item of this Audit Risk Committee meeting.

2024 Performance Audit – Local Government Physical Security of Server Room Assets (Emerging Findings)

A Performance Audit of 16 non-metropolitan local government entities was undertaken by the OAG to assess whether each local government effectively managed their physical server assets to protect them from physical and environmental hazards. Each local government received an Emerging Findings Letter which contained specific findings to the local government and a Summary of Findings Report which was tabled in State Parliament under sections 24 and 25 of the Auditor General Act 2006.

A copy of the Emerging Findings Letter and Summary of Findings Report has been tabled in a separate item of this Audit Risk Committee meeting.

COMMENT

Item 5.1 Performance Audit - Physical Security Of Server Room Assets 2024

A Performance Audit of 16 non-metropolitan local government entities was undertaken by the OAG to assess whether each local government effectively managed their server assets to protect them from physical and environmental hazards.

OAG officers attended the Shire of Broome on 23 April 2024 to inspect the Shire’s physical server room assets. Each local government received an Emerging Findings Letter which contained specific findings to the local government and a draft of the Summary of Findings Report summarising all of the 16 local government findings.

A copy of the Emerging Findings Letter and draft Summary of Findings Report delivered to the Shire of Broome is presented in Confidential Attachment 1 for the Audit and Risk Committee to examine. Details contained within the Emerging Findings Letter are considered confidential as releasing them publicly would increase the likelihood that identified risks could be the target of fraudulent or illegal activities.

The Summary of Findings Report was tabled in State Parliament under sections 24 and 25 of the Auditor General Act 2006 and a copy of the final OAG Performance Audit Report - Local Government Physical Security of Server Assets is presented in Attachment 1 of this report.

Item 5.2 Interim Audit 2023/2024

The Shire’s Interim Audit was conducted by RSM Australia (RSM) on behalf of the Office of the Auditor General (OAG) on 15 - 19 April 2024 and duplicate copies of the Interim Management Letter and Interim Audit Management Report were forwarded to the Chief Executive Officer and Shire President on the 23 July 2024.

A copy of the transmittal letter to the Chief Executive Officer is presented and included as Attachment 1 to this report.

The interim audit focus for the OAG was to primarily evaluate the Shire’s financial control environment, and to obtain an understanding of the key business processes, risks and control relevant to the audit of the annual financial report.

The Interim Management Report for the year ending 30 June 2024 is presented and included as Confidential Attachment 1 to this report. The Interim Report details risks relating to operational controls within the Shire and includes comments from management on each issue, inclusive of details on how these matters will be mitigated. Details contained within the report are considered confidential as releasing them publicly would increase the likelihood that identified risks could be the target of fraudulent or illegal activities.

The final audit for the 2023/2024 financial year is due to commence in October, and the Auditors will issue a final year Management Report in due course. This report will reflect the status of the existing findings list as well as any newly identified findings.

Item 5.3 Progress Update - Audit Reports

A progress update of audit findings identified in:

a) 2022/2023 Final Audit Management Report;

b) 2023/2024 Interim Audit Management Report; and

c) 2024 Performance Audit – Local Government Physical Security Sever Room Assets (Emerging Findings),

is presented in Confidential Attachment 1 for the Audit and Risk Committee to receive. Details contained within the report are considered confidential as releasing them publicly would increase the likelihood that identified risks could be the target of fraudulent or illegal activities.

Officers are actively addressing the issues highlighted in external audits. Each finding is categorised as completed, in progress, or overdue. Each audit finding is assigned a risk rating, facilitating the administration in prioritising and scheduling tasks for completion.

Efforts to manage overdue actions have been undertaken. Accountable Officers have provided updates regarding the tasks and progress to bring the actions to completion. In cases where feasible and reasonably foreseeable, new target completion dates are to be presented to OAG for mutual agreement.

A summary of the status of agreed management actions is found in the tables below:

OAG Audit Findings

Audit Type	Completed	In Progress – Not Due	Overdue	Total Findings
Final Audit 23/24	7	1	6	14
Interim Audit 23/24	2	4		6
2024 Performance Audit – Server Rooms	1	1		2
	10	6	6	22

CONSULTATION

Item 5.1 Performance Audit - Physical Security Of Server Room Assets 2024

Office of the Auditor General

Item 5.2 Interim Audit 2023/2024

Office of the Auditor General

RSM Australia

Item 5.3 Progress Update - Audit Reports

Office of the Auditor General

RSM Australia

STATUTORY ENVIRONMENT

Item 5.1 Performance Audit - Physical Security Of Server Room Assets 2024

Local Government Act 1995

7.12A (3) Duties of local government with respect to audits

(3) A local government must —

(aa) examine an audit report received by the local government; and

(a) determine if any matters raised by the audit report, require action to be taken by the local government; and

(b) ensure that appropriate action is taken in respect of those matters

Item 5.2 Interim Audit 2023/2024

Local Government Act 1995

7.9 Audit to be conducted

In accordance with section 7.9 of the Local Government Act 1995 (the Act), an Auditor is required to examine the accounts and annual financial report submitted by a local government for audit. The Auditor is required to prepare a report by 31 December following the relevant financial year and send a copy of that report to:

(a) The Mayor or President;

(b) The Chief Executive Officer (CEO); and

Additionally, under Regulation 10(4) of the Local Government (Audit) Regulations 1996 (Audit Regulations), the Auditor may, when deemed appropriate, prepare a Management Report to accompany the Auditor’s Report. This Management Report is also to be forwarded to the individuals specified in section 7.9 of the Act.

7.12A (3) Duties of local government with respect to audits

(3) A local government must —

(aa) examine an audit report received by the local government; and

(a) determine if any matters raised by the audit report, require action to be taken by the local government; and

(b) ensure that appropriate action is taken in respect of those matters

Local Government (Audit) Regulations 1996

10 (4) Report by Auditor

(4) Where it is considered by the auditor to be appropriate to do so, the auditor is to prepare a management report to accompany the auditor’s report and to forward a copy of the management report to the persons specified in section 7.9(1) with the auditor’s report.

Local Government (Financial Management) Regulations 1996

Item 5.3 Progress Update - Audit Reports

Local Government Act 1995

7.12A (3) Duties of local government with respect to audits

(3) A local government must —

(aa) examine an audit report received by the local government; and

(a) determine if any matters raised by the audit report, require action to be taken by the local government; and

(b) ensure that appropriate action is taken in respect of those matters

POLICY IMPLICATIONS

Item 5.1 Performance Audit - Physical Security Of Server Room Assets 2024

Nil.

Item 5.2 Interim Audit 2023/2024

Nil.

Item 5.3 Progress Update - Audit Reports

Nil.

FINANCIAL IMPLICATIONS

Item 5.1 Performance Audit - Physical Security Of Server Room Assets 2024

No Audit fees were payable to the OAG for the audit. Unlike financial audits, performance audits are funded by the OAG via parliamentary appropriation.

Remediation of issues raised within the report may require budget allocations to resolve. Where this requires funding outside of the existing 2024/2025 adopted annual budget, Responsible officers would request budget allocations either through the Shire’s Finance and Costing Review process, or as part of the 2025/2026 annual budget process.

Item 5.2 Interim Audit 2023/2024

Remediation of any of the issues raised within the Audit Management Report may require budget allocations to resolve. Where this requires funding outside of the existing 2024/2025 adopted annual budget, Responsible Officers would request budget allocations either through the Shire’s Finance and Costing Review process, or as part of the 2025/2026 annual budget process.

Interim audit fees form part of the annual (lump sum) audit fee issued by the OAG. The Shire CEO received notice from the OAG via Letter dated 9 July 2024 (presented in Attachment 1 of this report) of an estimated increase in Audit fees for the 2023-2024 financial year to $150,200 (exclusive of GST) this is an increase of $8,160 from the prior year fees of $142,040.

A summary of the indicative median fee increases from the OAG across all local governments is also presented to the Audit and Risk Committee for its reference in Attachment 1 of this report, the Shire of Broome being a Band 2 local government has been allocated at the top end of that band. Responsible Officers will request budget allocations through the Shire’s Finance and Costing Review process.

Item 5.3 Progress Update - Audit Reports

No specific financial implications are associated with this item. Remediation of any of the issues raised within the Audit Management Reports or Emerging Finding Letter may require budget allocations to resolve. Where this requires funding outside of the existing 2024/2025 adopted annual budget, Responsible Officers would request budget allocations either through the Shire’s Finance and Costing Review process, or as part of the 2025/2026 annual budget process.

RISK

Item 5.1 Performance Audit - Physical Security Of Server Room Assets 2024

The audit findings provide management with recommendations particularly to strengthen internal controls and reduce the likelihood of certain risks. Delays in progressing and completing the audit findings can be unfavourable to the organisation, but are also weighed against other demands on Shire resources, and the costs to the community.

Item 5.2 Interim Audit 2023/2024

Item 5.3 Progress Update - Audit Reports

STRATEGIC ASPIRATIONS

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

Outcome 14 Excellence in organisational performance and service delivery

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

Objective 14.2 Deliver fit for purpose facilities and equipment.

Objective 14.3 Monitor and continuously improve performance levels.

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

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

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Recommendation) Minute No. C/0924/101

Moved: Cr D Male Seconded: Cr M Virgo

Simple Majority

OFFICERS RECOMMENDATION 1:

That Council receives the Unconfirmed Minutes of the Audit and Risk Committee Meeting held 25 August 2024 as per Attachment 2.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

Council Resolution:

(Recommendation) Minute No. C/0924/102

Moved: Cr D Male Seconded: Cr M Virgo

Simple Majority

AUDIT AND RISK COMMITTEE RECOMMENDATION 2:

That Council:

1. Receives the 2024 Performance Audit – Local Government Physical Security Server Room Assets Emerging Findings Letter as per Confidential Attachment 1.

2. Receives the Office of Auditor General - Local Government Physical Security of Assets Performance Audit Report.

3. Requests the Chief Executive Officer to progress the finalisation of outstanding Emerging Findings as soon as practicable.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

Council Resolution:

(Recommendation) Minute No. C/0924/103

Moved: Cr M Virgo Seconded: Cr D Male

Simple Majority

AUDIT AND RISK COMMITTEE RECOMMENDATION 3:

That Council:

1. Receive the Interim Audit Management Report for year ended 30 June 2024 as per Confidential Attachment 1.

2. Requests the Chief Executive Officer to progress the finalisation of all outstanding

findings as soon as practicable.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

Council Resolution:

(Recommendation) Minute No. C/0924/104

Moved: Cr E Smith Seconded: Cr M Virgo

Simple Majority

AUDIT AND RISK COMMITTEE RECOMMENDATION 4:

That Council:

1. Receive the progress update of audit findings as per Confidential Attachment 1.

2. Requests the Chief Executive Officer to progress the finalisation of all outstanding

findings as soon as practicable.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

Attachments

Unconfirmed Confidential Minutes of the Audit and Risk Committee held 28 August 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)((f)(ii)) as it contains “a matter that if disclosed, could be reasonably expected to endanger the security of the local governments property”.

Unconfirmed Minutes of the Audit and Risk Committee Meeting held 28 August 2024

Minutes – Ordinary Council Meeting 19 September 2024 Page 1 of 2

9.4.5 MINUTES AND RECOMMENDATIONS FROM THE KIMBERLEY ZONE AND KIMBERLEY GROUP MEETING HELD 23 AUGUST 2024 UPDATED
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 23 August 2024.

BACKGROUND

A copy of the minutes from the Kimberley Zone of WALGA (Kimberley Zone) and the Kimberley Regional Group (KRG) meeting held 23 August 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 – 23 August 2024

Reports from Representatives

· WALGA –

o Karen Chappel, President,

o Daniel Thompson, Manager Economics Policy

o Jame McGovern, Manager Governance and Procurement

o Lisa Harwood, Principal Policy Advisor Economic Development

· Department of Communities, Renee Gioffre, Kimberley Executive Director

· Regional Development Australia Kimberley – Janine Hatch, Director

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

· Department of Local Government, Sport and Cultural Industries – Tom Chapman, Regional Manager Kimberley (Written report included in Attachment 1)

· Kimberley Development Commission - Chuck Berger, CEO

Reports from Kimberley Country Zone

The following table provides a summary of Matters for Decision that were to be considered at the WALGA State Meeting on 4 September 2024, and provides an update on Matters for Noting.

	Matters for Decision	WALGA Recommendation
8.1	Local Government Elections Analysis 2015-2023	That WALGA advocate to the State Government: 1. For an independent Local Government election audit, focusing on the Western Australia Electoral Commission’s (WAEC) cost allocation methods and costing applications used, to confirm that marginal cost recovery principles are applied and that the costing program is being effectively managed. 2. For the requirement for the WAEC to develop and implement Service Level Agreements with Local Governments, similar to those agreements currently used in New South Wales and Victorian Local Government elections and that includes: a. transparency of costing methodology, b. direct engagement with Local Governments pre and post elections, and c. the roles and responsibilities of the WAEC and Local Governments in the conduct of elections. 3. For the introduction of a provision for private service providers to enter the market for the conduct of Local Government elections. 4. For a mandated WAEC Report to Parliament specific to Local Government elections post each election cycle, outlining costs, results, voter turnout and matters for improvement both in the conduct of elections and the legislation, if relevant. EXECUTIVE SUMMARY · This report presents the findings of a comprehensive review and analysis of five election cycles up to and including the 2023 Local Government election against the backdrop of legislative reforms to the Local Government electoral process in Western Australia. · With a focus on postal elections conducted exclusively by the Western Australian Electoral Commission (WAEC), the analysis has found evidence of the rising cost of conducting Local Government elections in Western Australia. · Elected Member feedback, costs vs service comparisons and engagement by the sector with WALGA’s governance services over the 2023 Local Government election period, are the basis for the recommendations as outlined above. · The Governance Policy Team considered this item at its meeting of 7 August and endorsed the position for consideration by State Council
8.2	Energy Transport Engagement and Community Benefit Framework Advocacy Position	That State Council endorse a new Energy Transition Engagement and Community Benefit Framework Advocacy Position as follows: It is essential that the energy transition currently underway delivers economic opportunities, ensures reliable and affordable electricity, and the greatest possible benefits for the community. WALGA calls on the State Government to develop a comprehensive framework to manage the impact of the energy transition that includes local engagement and the realisation of community benefits from energy transition projects as a priority. EXECUTIVE SUMMARY · Western Australia’s energy industry is transforming to achieve the goal of net zero emissions by 2050. · In Western Australia there is no framework that provides a consistent approach to how proponents of major energy projects consult with local communities and how they can share in the benefits. · WALGA will advocate for the State Government to develop a framework to guide consultation and benefit sharing with local communities during the energy transition. · A joint meeting of the Environment Policy Team and Infrastructure Policy Team held on 10 July endorsed the position for consideration by State Council. · This draft advocacy position should be considered in conjunction with the accompanying draft WALGA advocacy positions Renewable Energy Facilities (Item 8.3) and Priority Agriculture (Item 8.4). POLICY IMPLICATIONS Related current Advocacy Position: *4.1 Climate Change* Local Government acknowledges: 1. The science is clear: climate change is occurring and greenhouse gas emissions from human activities are the dominant cause. 2. Climate change threatens human societies and the Earth’s ecosystems. 3. Urgent action is required to reduce emissions and to adapt to the impacts from climate change that are now unavoidable. 4. A failure to adequately address this climate change emergency places an unacceptable burden on future generations. Local Government is committed to addressing climate change. Local Government is calling for: 1. Strong climate change action, leadership and coordination at all levels of government. 2. Effective and adequately funded Commonwealth and State Government climate change policies and programs
8.3	Renewable Energy Facilities Advocacy Position	That State Council endorse a new Renewable Energy Facilities Advocacy Position as follows: The growth in the number, size, and complexity of renewable energy facilities across Western Australia is expected to continue as energy generation and other traditional industries de-carbonise their facilities and operations. The renewable energy state planning framework requires changes to ensure it is fit for purpose to guide the ongoing development of this sector. WALGA calls on the State Government to: 1. Adopt a new State Planning Policy for renewable energy facilities, to replace the existing Position Statement: Renewable energy facilities, that: a. Facilitates the orderly development of renewable energy facilities across Western Australia; b. Outlines the key planning and environmental considerations, for the location, siting, design and operation of renewable energy facilities and their associated infrastructure; c. Provides a framework that clearly stipulates the minimum required documentation and technical reports that need to be submitted with proposals for renewable energy facilities; d. Supports the development of Local Planning Policies by Local Governments to further guide locally appropriate planning consideration of renewable energy facilities; e. Provides a clear relationship with: i. State Planning Policy 2.5 - Rural planning and Development Control Policy 3.4 - Subdivision of rural land, to ensure planning decisions adequately balance the need to protect and preserve rural land for rural purposes; ii. State Planning Policy 2.4 - Planning for Basic Raw Materials to ensure proposals for renewable energy facilities consider their impact on basic raw material supply at the earliest stage of the planning process; and iii. State Planning Policy 2.9 - Planning for Water to ensure water resources impacted by renewable energy facilities are identified and adequately managed. f. Includes policy measures to address: i. concerns relating to the location of these facilities and their associated infrastructure on agricultural land, their proximity to lot boundaries, town sites and sensitive land uses, and potential impact on airport operations and rural activities; ii. planning for renewable energy facilities in industrial areas in relation to the coordination of these facilities, their appropriateness in the ‘General Industry’ zone and impacts and suitable location on heavy industry sites; iii. the need for local engagement and the realisation of community benefits from the development of renewable energy facilities. 2. Review the definition of 'renewable energy facility' considering the increasing size and scope of facilities and consider creating definitions based on the scale of the facility (Utility-scale and other), and the form of facility (solar energy and wind energy). 3. Provide guidance to Local Governments on the consideration of green hydrogen production facilities on rural land where it is an incidental use to a renewable energy facility. EXECUTIVE SUMMARY · A 2023 WALGA Annual General Meeting resolution and subsequent resolution by the Great Eastern Country Zone requested WALGA establish and promote policies to protect and prioritise the preservation of agricultural land against its displacement by non-agricultural activities that lead to a net reduction of the State’s productive agricultural land. · The Central Country Zone resolved to request WALGA to advocate to the State Government to develop a more comprehensive and effective approach to guide the management and placement of renewable energy facilities; including but not limited to wind, solar, battery renewable diesel and associated infrastructure. · The existing State Government Position Statement: Renewable energy facilities does not adequately address these concerns, leading to inconsistent application and approvals of renewable energy facilities across the State. · WALGA will advocate for the existing Position Statement: Renewable energy facilities to be amended and elevated to a State Planning Policy, including more nuanced provisions which provide greater guidance to Local Governments and applicants, and allow for renewable energy land uses to be classified as either small or large facilities. · A joint meeting of the Environment Policy Team and Infrastructure Policy Team on 10 July endorsed the position for consideration by State Council. · This draft advocacy position should be considered in conjunction with accompanying draft WALGA advocacy positions Energy Transition Engagement and Community Benefit Framework (Item 8.2) and Priority Agriculture (Item 8.4). POLICY IMPLICATIONS Related current Advocacy Positions: *4.1 Climate Change* Local Government acknowledges: 1. The science is clear: climate change is occurring and greenhouse gas emissions from human activities are the dominant cause. 2. Climate change threatens human societies and the Earth’s ecosystems. 3. Urgent action is required to reduce emissions, and to adapt to the impacts from climate change that are now unavoidable. 4. A failure to adequately address this climate change emergency places an unacceptable burden on future generations. Local Government is committed to addressing climate change. Local Government is calling for: 1. Strong climate change action, leadership and coordination at all levels of government. 2. Effective and adequately funded Commonwealth and State Government climate change policies and programs. *6.1 Planning Principles* All legislation and policy which deals with planning and development must: · ensure role clarity and consistency across all legislation controlling development, to avoid confusion of powers and responsibilities; · be easily interpreted by, understood by and accessible to all sections of the community; · be amended only with WALGA involvement and/or consultation/involvement with Local Government. *6.2 Planning Reform* The Local Government sector supports the underlying principles of planning reform and the continuing focus of streamlining the planning system while ensuring Local Government retains the ability to respond to local context and characteristics through Local Planning Frameworks.
8.4	Priority Agriculture Advocacy Position	That State Council endorse a new Priority Agriculture Advocacy Position as follows: The state planning framework should provide sufficient statutory protections for areas identified as high quality agricultural land. WALGA calls on the State Government to: 1. Amend the Planning and Development (Local Planning Schemes) Regulations 2015 to: a. Create a new model zone under Schedule 1, Part 3, Clause 16 for land identified as high quality agricultural land known as the ‘Priority Agriculture’ zone, with the following objectives: i. to retain priority agricultural land for agricultural purposes; and ii. limit the introduction of sensitive land uses which may compromise existing, future and potential agricultural production. b. Define 'Priority Agriculture' zone under Schedule 2, Part 1, Clause 1 to align with the definition provided in State Planning Policy 2.5 - Rural planning. 2. Review the areas which have been identified by the Department of Primary Industries and Regional Development as high quality agricultural land and expand the extent of mapping to address the whole of Western Australia. 3. Undertake a 'health check' of State Planning Policy 2.5 - Rural planning and Development Control Policy 3.4 - Subdivision of rural land, in consultation with relevant stakeholders. EXECUTIVE SUMMARY · A 2023 WALGA Annual General Meeting resolution and subsequent resolution by the Great Eastern Country Zone have requested that WALGA establish and promote policies to protect and prioritise the preservation of agricultural land against its displacement by non-agricultural activities that lead to a net reduction of the State’s productive agricultural land. · WALGA prepared a Research Paper: Protection of Productive Agricultural Land that provides policy context, previous WALGA advocacy and analysis of State and Local Government approaches to agricultural land use protections. · This work identified that a lack of consistency between the sub-regional planning strategies across the different regions of WA has impeded the implementation of best practice planning controls into local planning frameworks, and thus inconsistent application across the State. · This advocacy position recommends statutory protections of areas that have been identified as high-quality agricultural land, through amending the Planning and Development (Local Planning Schemes) Regulations 2015 to include a model zone for ‘Priority Agriculture’. This will provide the ability for Local Governments to adopt the model zone into their local planning schemes. · A joint meeting of the Environment Policy Team and Infrastructure Policy Team endorsed the position for consideration by State Council on 10 July 2024 · This draft advocacy position should be considered in conjunction with accompanying draft WALGA advocacy positions Energy Transition Engagement and Community Benefit Framework (Item 8.2) and Renewable Energy Facilities (Item 8.3). POLICY IMPLICATIONS Current related Advocacy Positions: *6.1 Planning Principles* All legislation and policy which deals with planning and development must: · ensure role clarity and consistency across all legislation controlling development, to avoid confusion of powers and responsibilities; · be easily interpreted by, understood by and accessible to all sections of the community; · be amended only with WALGA involvement and/or consultation/involvement with Local Government. *6.2 Planning Reform* The Local Government sector supports the underlying principles of planning reform and the continuing focus of streamlining the planning system while ensuring Local Government retains the ability to respond to local context and characteristics through Local Planning Frameworks.
8.5	Planning Principles and Reform Advocacy Position	That State Council: 1. Retire Advocacy Position 6.2 Planning Reform; and 2. Replace Advocacy Position 6.1 Planning Principles with the following: 6.1 Planning Principles and Reform 1. The Local Government sector supports an efficient and effective planning system guided by legislation, policy, and processes that: a. facilitates the creation of sustainable and liveable communities and places; b. has a focus on strategic planning that delivers on long-term objectives and outcomes that balance social, environmental, cultural, and economic interests; c. is easy to understand, accessible and transparent; d. recognises the diversity of Western Australia and ensures that local environment, context, communities and character are appropriately reflected in planning frameworks and decision making; e. ensures decisions are made by the level of government closest to and most impacted by a planning proposal; and f. establishes consistent planning frameworks and streamlines planning processes where there is a demonstrated benefit in doing so. 2. Reforms to the planning system should: a. be guided by the above principles; b. deliver community benefit; c. promote system efficiency, including through the use of technology; d. be evidence-based and informed by robust, transparent data; e. proceed at an appropriate pace to enable effective implementation; f. be informed by engagement with the community; and g. be amended only with WALGA involvement and/or consultation/involvement with Local Government. EXECUTIVE SUMMARY · It is proposed that the Advocacy Positions 6.1 Planning Principles and 6.2 Planning Reform be replaced with a new contemporary combined position that reflects the current planning system and planning reform agenda. · The updated position identifies key elements that would create an effective and efficient planning system and how planning reform can be developed, prioritised, and implemented to achieve this. · The updated position has been informed by feedback from Local Government officers, including WALGA's Planning Advisory Group and previous WALGA submissions on State Government planning reform initiatives. · The Environment Policy Team endorsed the advocacy position at their meeting on 29 July. POLICY IMPLICATIONS 1. Retire Advocacy Position 6.2 Planning Reform; and 2. Replace Advocacy Position 6.1 Planning Principles with a new 6.1 Planning Principles and Reform.
8.6	Product Stewardship Policy Statement and Advocacy Position	That State Council: 1. Rescind the existing Extended Producer Responsibility Policy Statement and Advocacy Position 7.5 Extended Producer Responsibility. 2. Endorse a new Product Stewardship Advocacy Position as follows: 1. Industry should take responsibility (physical and/or financial) for the waste that it generates through the entire life cycle of the products it produces through the implementation of effective product stewardship. Without effective Product Stewardship, there will be increasing costs for the community, resource recovery targets will be difficult to reach and a transition to a circular economy is unlikely. 2. Effective Product Stewardship is characterised by: a. Producers and importers taking responsibility for post consumption product impacts. b. Schemes covering the entire cost of product recycling or recovery, including transport. c. Leveraging existing Schemes and collection locations. d. Being easy and convenient for the community to access. e. Having equitable national coverage and access for all, including regional and remote locations. f. Being evidence based. g. Consistent regulation and implementation across Australia using national Product Stewardship legislation. h. Timely action and industry cooperation during Scheme development and implementation. i. Being demand based and aiming to recover the maximum amount of material, rather than being limited by targets. j. No additional cost to consumers when the product is disposed of post consumption. 3. Local Government calls on the Commonwealth Government to implement effective Product Stewardship schemes for all products that drive environmentally and socially sustainable outcomes through the design, manufacture and distribution of products that can be more easily reused, repaired, recovered or recycled. 4. If national action is not progressed within a reasonable timeframe, or in a way that meets the needs of the Western Australian community, then Local Government supports a State based approach to Product Stewardship. EXECUTIVE SUMMARY · The Extended Producer Responsibility (EPR) Policy Statement was first endorsed in 2004 and reviewed and amended in 2008. · The Statement outlines the rationale for Local Government support for EPR, as a way of ensuring producers take responsibility for their products at the end of life, and some of the key elements of successful Schemes. · WALGA’s Local Government Principles for Product Stewardship was endorsed in 2022. The Principles provided more detail on key design elements for Schemes and have been used to inform advocacy. · Following discussion at the April Municipal Waste Advisory Council (MWAC) and Officers Advisory Group meetings it was agreed to review the EPR Policy Statement and incorporate the Local Government Principles into a new Product Stewardship Policy Statement and Advocacy Position. · The Product Stewardship Policy Statement and Advocacy Position has been updated to: o Include a greater focus on the potential for Product Stewardship to influence the design of products, as well as their post consumption disposal. o Identifying the increasing cost burden on Local Government and the community of increasing complex products. o Focus on ensuring all products have a clear and funded end of life pathway. · The MWAC endorsed the new Policy Statement and Advocacy Position in June. POLICY IMPLICATIONS This item rescinds the existing Policy Statement and Advocacy Position: *7.5 Extended Producer Responsibility* Local Government supports the concept of Extended Producer Responsibility, as a mechanism for ensuring manufacturers of products take responsibility (be that physical or financial) for the entire lifecycle impact of their products. By placing greater responsibility on producers, Extended Producer Responsibility can potentially improve valuation, pricing and incentive mechanisms, as well as encourage greater investment in infrastructure, research and development. A new Advocacy Position and Policy Statement for Product Stewardship are proposed: *Product Stewardship* 1. Industry should take responsibility (physical and/or financial) for the waste that it generates through the entire life cycle of the products it produces through the implementation of effective product stewardship. Without effective Product Stewardship, there will be increasing costs for the community, resource recovery targets will be difficult to reach and a transition to a circular economy is unlikely. 2. Effective Product Stewardship is characterised by: a. Producers and importers taking responsibility for post consumption product impacts. b. Schemes covering the entire cost of product recycling or recovery, including transport. c. Leveraging existing Schemes and collection locations. d. Being easy and convenient for the community to access. e. Having equitable national coverage and access for all, including regional and remote locations. f. Being evidence based. g. Consistent regulation and implementation across Australia using national Product Stewardship legislation. h. Timely action and industry cooperation during Scheme development and implementation. i. Being demand based and aiming to recover the maximum amount of material, rather than being limited by targets. j. No additional cost to consumers when the product is disposed of post consumption. 3. Local Government calls on the Commonwealth Government to implement effective Product Stewardship schemes for all products that drive environmentally and socially sustainable outcomes through the design, manufacture and distribution of products that can be more easily reused, repaired, recovered or recycled. 4. If national action is not progressed within a reasonable timeframe, or in a way that meets the needs of the Western Australian community, then Local Government supports a State based approach to Product Stewardship.
8.7	Submission on the Draft State Waste Strategy	That State Council endorse the Draft State Waste Strategy Submission. EXECUTIVE SUMMARY · The Draft State Waste Strategy (Draft Strategy) and State Waste Infrastructure Plan were released on 29 May. This follows the release of the Strategy Directions Paper in May 2023. WALGA provided a comprehensive Submission on the Directions Paper. · Given the significant impact of the Strategy on Local Government, WALGA was granted an extension to the deadline to allow the draft submission to be considered by WALGA Zones and State Council. · The focus of the Draft Strategy is: · Better outcomes for regional and Aboriginal communities · Increasing our focus on waste avoidance · Better management of priority materials · Realising the economic potential of recycling · Contingency planning and climate resilience. · New Targets are also proposed for each of the Avoid, Recover and Protect areas. · WALGA's draft submission on the Draft Strategy was informed by Local Government written feedback and feedback received at a webinar held on 19 July. · This Municipal Waste Advisory Council (MWAC) endorsed the draft submission on 31 July 2024. POLICY IMPLICATIONS The Submission aligns with existing Advocacy Position 7.2 State Waste Strategy and previous Submissions. *7.2 State Waste Strategy* Local Government requires leadership and clear direction from the State Government in relation to waste management. As such, Local Government supports the development and implementation of a comprehensive State Waste Strategy which: 1. Is consistent with the content, purpose and objective of existing legislation and policy at both a state and national level; 2. Clearly identifies the roles and responsibilities of the Waste Authority in regard to the development and implementation of the Strategy, as outlined in the Waste Avoidance and Resource Recovery Act 2007; 3. Is reviewed, with Stakeholder input, within 2 years of implementation; and Includes achievable targets for all waste streams and focuses on waste reduction, resource recovery and the diversion of waste from landfill. Targets should be based on accurate baseline data and clearly identify roles, responsibilities and funding for each target area.
9.1	Environment Policy Team Report	That State Council note the report from the Environment Policy Team to the 4 September 2024 meeting. 1. MATTERS FOR STATE COUNCIL DECISION Advocacy Position Review The 2023 WALGA Annual General Meeting resolved that WALGA establish and promote policies to protect and prioritise the preservation of agricultural land against its displacement by non-agricultural activities that lead to a net reduction of the State’s productive agricultural land. This was followed by similar resolutions from the Great Eastern Country and Central Country Zones as well as an increasing level of concern from the sector regarding these issues. A joint Environment and Infrastructure Policy Team meeting was held on 10 July to consider new draft Advocacy Positions. The joint meeting endorsed the recommendations that State Council adopt the Advocacy Positions related to Renewable Energy Legislation. Agenda items 8.2, 8.3 and 8.4 of the State Council Agenda relate to this matter. Planning Principles and Reform The Policy Team considered the review of Advocacy Positions and recommended Advocacy Positions 6.1 Planning Principles and 6.2 Planning Reform be replaced with a new contemporary combined position that reflects the current planning system and planning reform agenda. Agenda item 8.5 of the State Council Agenda relates to this matter. 2. MATTER FOR STATE COUNCIL NOTING The Policy Team discussed the following items for noting included in the July State Council Agenda: · Item 8.1 Caravan Park and Camping Grounds Regulations · Item 9.1 Environment Policy Team Report · Item 10.3 Perth and Peel Urban Greening Strategy · Item 10.4 Polyphagous Shot-Hole Borer Update · Item 11.1.4 Report on Key Activities, Policy Portfolio 3. PORTFOLIO UPDATES The Policy Team was provided with a Polyphagous Shot-Hole Borer update at their meeting on 29 July.
9.2	Governance Policy Team Report	That State Council note the report from the Governance Policy Team meeting for the 4 September 2024 meeting. 1. MATTERS FOR STATE COUNCIL DECISION Local Government Elections Analysis 2015-2023 The Policy Team considered a report which presented the findings of a review and analysis of five election cycles up to and including the 2023 local government, against a backdrop of legislative reforms to the Local Government electoral process in WA. Agenda item 8.1 of the State Council Agenda relates to this matter. 2. MATTERS FOR STATE COUNCIL NOTING Local Government Elections Advocacy Positions Review A report on the current Local Government Elections advocacy positions was considered and the Policy Team requested a review of these advocacy positions including sector consultation on advocacy positions relating to Local Government elections, including the following: 1. Voting at Local Government elections: Compulsory or voluntary voting; 2. Four year terms with a two year spill as opposed to ‘all in all out’; 3. The “proportional” part of the formula to count votes be removed to fully align with the State and Federal Government preferential voting system; 4. The First Past the Post voting method to be used by all Local Governments for nonpublic internal elections, thereby replacing the Optional Preferential Voting requirement for these types of elections; and 5. The method of electing the Mayor/President.
9.3	Infrastructure Policy Team Report	That State Council: 1. Note the report from the Infrastructure Policy Team to the 4 September 2024 meeting. 2. Determine to retire the following Advocacy Positions: a. 5.2.4 Seat Belt Legislation b. 5.8 Ports c. 5.12 Infrastructure WA 1. 1. MATTERS FOR STATE COUNCIL DECISION The basis for proposing each of the following advocacy positions be retired is summarised below: 5.2.4 Seat Belt Legislation This Advocacy Position was endorsed in 2008 in response to proposed changes to seat belt legislation that places an additional responsibility on vehicle drivers to ensure passengers 16 years of age or older are restrained, similarly to the driver’s responsibility to ensure passengers under 16 years of age are restrained. Seat belt legislation has since been amended in accordance with this advocacy position and changes to Australian Road Rules implemented in other jurisdictions. 5.8 Ports This Advocacy Position was developed in 2010 in response to the draft National Ports Strategy. This strategy has since been superseded by the National Freight and Supply Chain Strategy, which was reviewed in 2023. 5.12 Infrastructure WA Apart from supporting the establishment of Infrastructure WA, this 2018 advocacy position outlines recommendations related to scope of work (project value), board representation, transparent processes, strategic asset maintenance and infrastructure renewal costs. Infrastructure WA was established in July 2019 although the proposed representation, scope and some other matters were not achieved in the Infrastructure Western Australia Act 2019. The Joint Environment and Infrastructure Policy Team meeting discussed and endorsed proposed advocacy positions that are listed for consideration by State Council in September 2024: · Energy Transition Engagement and Community Benefit Framework · Renewable Energy Facilities, and · Priority Agriculture. Agenda items 8.2, 8.3 and 8.4 of the State Council Agenda relate to this matter. 2. MATTERS FOR STATE COUNCIL NOTING A submission to Main Roads WA draft Traffic Signals Approval Policy and Process was reviewed, amended and endorsed for consideration by State Council by Flying Agenda. Development of a Partnership Agreement between WALGA and the Public Transport Authority (PTA) Defining Roles and Responsibilities for Planning, Installation and Maintenance of Bus Stop Infrastructure is being developed and requires conclusion of further discussions with the PTA before being presented to State Council for consideration. Further engagement to define the expectations and scope of a report on implications to Local Governments of the new vehicle emissions standards is required. Work is progressing on a green and active travel discussion paper that will help inform the scope of a potential active transport working group or policy forum.
9.4	People and Place Policy Team Report	That State Council: 1. Note the report from the People and Place Policy Team to the 4 September 2024 meeting. 2. 2. Determine to: a. retain the following Advocacy Positions with amendment: i. Local Public Health Plans b. rescind the following Advocacy Position: i. Crime Prevention 1. 1. MATTERS FOR STATE COUNCIL DECISION Advocacy Position Review The People and Place Policy Team provides recommendations regarding WALGA community and emergency management advocacy positions for State Council’s decision. Advocacy positions may be reviewed in the WALGA Advocacy Position Manual. Public Health Act 2016 (Advocacy Position 3.2.1) The Policy Team recommends that Local Public Health Plans Advocacy Position 3.2.1 be amended to reflect the commencement of Stage 5 of the Public Health Act 2016 on 4 June 2024 and provide the framework for WALGA’s ongoing advocacy. WALGA’s current Public Health Act Advocacy Position: 3.2.1 Public Health Act 2016 The Local Government sector supports the introduction of the Public Health Act 2016 and: 1. Development of a clear implementation plan and timelines for the staged implementation of the Act and subsidiary legislation; 2. Engagement of Local Government in the development of any supporting regulations; 3. The provision of funding to support smaller rural and regional councils with the development of local Public Health Plans; and 4. The development of tools and resources to support the introduction of requirements for Public Health Plans. It is proposed to amend the position as follows: 3.2.1 Local Public Health Plans WALGA supports the objects and principles of the Public Health Act 2016. The State Government must ensure that: 1. Guidance, tools and resources are developed to support the development of Local Public Health Plans; and 2. 2. Funding is provided for: a. Smaller rural and regional councils are provided with funding to support the development of Local Public Health Plans; and b. Local Governments receive ongoing funding for the implementation of actions under Local Public Health Plans. Crime Prevention (Advocacy Position 3.5) The Policy Team recommends that the Crime Prevention Advocacy Position 3.5 be rescinded. This advocacy position relates to the specific strategies and plans that have since been superseded by the Graffiti Vandalism Strategy Western Australian 2022-2023, which encompasses the Graffiti Management Toolkit and Graffiti Management Plan, and the Crime Prevention Community Liaison Unit, both of which WALGA supports. WALGA will continue to support Members in the community safety space, including through the Local Government Community Safety Network. There are no foreseen consequences of the advocacy position being rescinded. Family and Domestic Violence (Advocacy Position 3.10.1) The Policy Team note that the Advocacy Position 3.10.1 Family and Domestic Violence will be reviewed for its consideration in September 2024. 2. 2. MATTERS FOR STATE COUNCIL NOTING The Policy Team discussed the following item for noting on the July State Council Agenda: · Item 10.2 Submission to the Commissioner for Children and Young People WA Priority Area Discussion Paper
9.5	Municipal Waste Advisory Council (MWAC) Report	That State Council note the report from the Municipal Waste Advisory Council to the 4 September 2024 meeting. 1. MATTERS FOR STATE COUNCIL DECISION · Item 8.6 Product Stewardship Policy Statement and Advocacy Position Update · Item 8.7 Submission on Draft Strate Waste Strategy 2. MATTERS FOR STATE COUNCIL NOTING MWAC considered the following matters: · Waste to Energy – Consistent Communication: Local Government and Regional Councils are collaborating with the Department of Water and Environmental Regulation, WALGA and the Waste to Energy providers to ensure public communication on Waste to Energy supports existing waste avoidance and source separation behaviours. · E-Waste Landfill Ban/National Product Stewardship: The Council expressed disappointment regarding delays to the National Product Stewardship Scheme for all electronic waste and encouraged WALGA to continue to advocate for funding for the State Government for e-waste recycling. A webinar will be held on the E-Waste Landfill Ban to ensure Local Government is well informed on this issue. 3. UPDATES MWAC noted the following updates: · Policy Statement Review Update, · Waste and Environment Summit held in Northam (30-31 May) was a success with over 75 delegates gathering to discuss waste management, biodiversity and biosecurity, · WALGA has successfully advocated for Compostable Barrier Bags to be allowed under the Single Use Plastic Bans, · National Asbestos Strategy Plan, · Potential impact of the Landfill Gas ACCU Method Review on Local Government/Regional Council Landfills, and · E-Cigarette Collection Study Update.
10.1	Local Government Legislative Reform	That State Council note the update on the Local Government Legislative Reform update. EXECUTIVE SUMMARY · The Minister for Local Government has been carrying out a legislative reform program. The program has been separated into two tranches. · The Local Government Amendment Act 2023, containing the first tranche of reforms, was passed on 11 May 2023. · There are a number of items from the Tranche 1 reforms still requiring regulations to be prepared. · The Minister for Local Government is progressing with Tranche 2 of the Local Government legislative reform program and will look to introduce a further Local Government Amendment Bill 2024 in August 2024. · The Tranche 2 reforms include the Office of the Inspector, Elected Member Superannuation, clarity around roles and responsibilities of the Council and CEOs, together with other reforms listed in this report. POLICY IMPLICATIONS Please refer to the current WALGA Advocacy Positions Manual.
10.2	Report on Local Government Road Assets and Expenditure 2022/23	That State Council note the Report on Local Government Road Assets and Expenditure 2022/23. EXECUTIVE SUMMARY · The Report on Local Government Road Assets and Expenditure 2022/23 has been finalised. · This Report provides information, statistics and trends on: o the length and types of roads and bridges managed by Local Governments; o sources of funding and the use of funds in expanding, upgrading, renewing and maintaining roads, paths and bridges; o actual expenditure relative to that needed to sustainably maintain the road network. · The Report is intended to underpin advocacy for continued and increased Federal and State funding for Local Government roads and to support Councils wishing to benchmark aspects of their own roads programs with similar or neighbouring areas.
11.1.1	Report on Key Activities, Advocacy Portfolio	That State Council note the Key Activity Report from the Advocacy Portfolio to the 4 September 2024 State Council meeting. Activities: Advocacy: Significant progress has been made with the State Election campaign, with the 2025 State Election Priorities document finalised, microsite built and public campaign planned. Marketing · Brand o RoadWise logo updated in line with the new WALGA Branding o Fresh identity developed to launch 2024 Showcase in Pixels program · Website: The first baseline, quarterly analytics report since the website launched is encouraging with 45,140 total users visiting the website, 90% of which were new users. · Campaigns o 16 Training short course campaigns June to July o 50% Cert III July intake resulted from marketing campaign o Graphic device developed for the new People & Culture Performance, Achievement, Capability Excellence (PACE) program Communication and Media · Media Coverage: WALGA president mentioned 79 times primarily on ABC Regional Radio, in the West Australian, the Albany Advertiser and the North West Telegraph · WALGA mentioned 332 times in the WA mainstream media (topics covered were the Polyphagous Shot Hole Borer (PSHB) and the CFMEU demarcation hearing in the Industrial Relations Commission) · Advocacy around the PSHB was significant between 19 July to 25 July, including a double page spread in the Sunday Times, TV coverage with President Chappel on the ABC, Channels 7, 9 and 10, and an Opinion Editorial (op-ed) in Monday’s West Australian. · Media Releases · Social Media; LinkedIn, Facebook and Instagram Events · 2024 WALGA Local Government Convention and Exhibition · Local Government Awards · Mayors and Presidents Forum · Virtual Graduation
11.1.2	Report on Key Activities, Infrastructure Portfolio	That State Council note the Key Activity Report from the Infrastructure Portfolio for September 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 · Achievements of the State Road Funds to Local Government Agreement · GIS Mapping of the Rural Road Safety Business Case Alignments · Multi-Criteria Assessment (MCA) Model Revisions Transport · Regional Freight Strategy · Bus Stop Infrastructure · Active/Green Transport Discussion Paper Utilities · Underground Power · Streetlighting Road Safety · RoadWise Councils · RoadWise Recognised · RoadWise Council Road Safety Awards Asset Management · Road Assets and Expenditure Report Update Project
11.1.3	Report on Key Activities, Member Services Portfolio	That State Council note the Key Activity Report from the Member Services Portfolio to the 4 September 2024 State Council meeting. Activities: Association and Corporate Governance • Local Government Honours Program 2024 Commercial • Preferred Supplier Program (PSP) Development • Sustainable Energy Project • ARENA Future Fuels Grant Project • WALGA Tax Employee Relations • WA Industrial Relations Commission applications • WALGA Salary and Workforce Survey • People and Culture Seminar • Long Service Leave – new regulations Governance and Procurement • Audit Fees Training • Elected Member Training • Diploma of Local Government – Elected Members • LGA30120 Certificate III in Local Government
11.1.4	Report on Key Activities, Policy Portfolio	That State Council note the Key Activity Report from the Policy Portfolio to the September 2024 State Council meeting. Activities: Economics · Energy Transition (Agenda item, item 8.2, 8.3 and 8.4) · Economic Briefing Environment & Waste · Local Biodiversity and Native Vegetation Management Project · Electronic Waste (E-Waste) Landfill Ban Planning & Building · Urban Greening Grants · Polyphagous Shothole Borer Advocacy · Training Workshop for Local Government Officers Emergency Management · Local Emergency Management Arrangements (LEMA) Improvement Project · Draft State Support Plan – Animal Welfare in Emergencies · State Recovery Arrangements · State Hazard Plan – Fire · Australian Warning System Community · Aboriginal Affairs · Commencement of Stage 5A of the Public Health Act 2016 · Housing · Regional Education

Conclusion

The Kimberley 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.

Kimberley Regional Group Meeting Minutes – 23 August 2024

The following items from the Kimberley Regional Group Meeting held 23 August 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: 4 July 2024

From: The Hon Clare O’Neil, Minister for Home Affairs; Minister for Cyber Security

Topic: Boarder security

Date: 17 July 2024

From: Office of Dr Helen Haines MP, Standing Committee on Regional Development, Infrastructure and Transport

Topic: RCAWA and KRG Canberra Meeting Request

Date: 29 July 2024

From: Richard Davies, Senior Policy & Project Officer, Department of Transport

Topic: Regional Freight Strategy Discussion

Date: 30 July 2024

From: Office of Minister Kristy McBain

Topic: RCAWA and KRG Canberra Meeting Request

Date: 2 August 2024

From: Luke Bo’sher – Housing Australia

Topic: Roundtable next steps

Date: 9 August 2024

From: Ray Christophers –Nirrimbuk Environmental Health Services

Topic: Invitation to a briefing on the Kimberley Remote Aboriginal Community Leader’s

Network (KRACLN or the Network) online briefing 4th September

Correspondence out:

Date: 24 June 2024

From: Paul Rosair, Executive Officer

To: Office of Senator Bridget McKenzie, Shadow Minister for Infrastructure, Transport

and Regional Development

Topic: RCAWA and KRG Canberra Meeting Request.

Date: 18 June 2024

From: Paul Rosair, Executive Officer

To: Office of Senator David Pocock

Topic: RCAWA and KRG Canberra Meeting Request.

Date: 18 July 2024

From: Paul Rosair, Executive Officer

To: Office of the Hon Patrick Gorman MP

Topic: RCAWA and KRG Canberra Meeting Request.

Date: 24 July 2024

From: Paul Rosair, Executive Officer

To: Office of Minister Kristy McBain

Topic: RCAWA and KRG Canberra Meeting Request.

Date: 24 July 2024

From: Paul Rosair, Executive Officer

To: Office of Senator Anthony Chisholm, Assistant Minister for Regional Development

Topic: RCAWA and KRG Canberra Meeting Request.

Date: 8 August 2024

From: Paul Rosair, Executive Officer

To: Warren Mundine, Nyungga Black Group Pty Ltd

Topic: Assist with meeting with Senator Jacinta Price.

Financial Report

The KRG noted:

1. the interim Financial Report to 30 June 2024

2. the $67,513 year to date budget surplus

3. no member contributions are outstanding for the 2023/24 financial year ; and

4. the total members interest of $329,878 as at 30 June 2024 represented by cash held in Reserves.

Kimberley Regional Group Annual Budget 2024/2025

The Kimberley Regional Group endorsed the 2024/2025 Annual Budget, as shown in Attached in attachment.

Presentations

The following presentations were received from key stakeholders:

- Peter Webster, Binarri Binyja Yarrawoo (BBY)

The Executive Officer has reached out to Hon Melissa Price MP Federal Member for Durack, Shane Love MLA Leader of the Nationals WA and Divina D’Anna MLA, Member for the Kimberley with an invitation to attend at the October 2024 meeting.

The Executive Officer will also keep KRG members informed about any upcoming meetings with politicians, and members to respond if they wish to attend according.

KRG Executive Services – Contract Renewal 2024/2025

KRG members endorsed the NAJA Business Consulting Service’s (NAJA) Proposal for an Extension of Contract to provide Executive Services for the KRG from 8 September 2024 until 7 September 2025 with an option for a further one year extension.

The KRG endorsed the Service Level Agreement performance review between KRG and NAJA with a 4.9% CPI increase for the period 8 September 2024 to 7 September 2025 as recommended by the Secretariat.

Election Package and Strategy Update

The KRG noted the implementation of the 2024/2025 election strategy. Also, noting to progress a round of KRG meetings in Canberra with key stakeholders on the 18 and 19 November 2024.

Kimberley Housing Roundtable 2024

The KRG discussed the Housing Roundtable and the next steps and how they would like to be involved in the development of a Kimberley Housing Strategic Investment Package.

The KRG resolved that the next steps from the Roundtable are:

• The Department of Communities and the Housing Supply Unit, WA Department of Treasury, engage with the KRG regarding the State’s 5-year capital works program for social and affordable housing in the Kimberley.

• The KRG resolved to progress a housing investment plan and housing pipeline, including the phasing of immediate projects and projects over the next five years, with Housing Australia and key government and non-government agencies.

• Housing Australia team to engage the HA Board and socialise the Kimberley pipeline as a pilot opportunity to consider how the agency can work differently in regional/remote areas.

• Housing Australia to provide the KRG with information about the home ownership support programs that they offer and data on the uptake in the region.

The Executive Team will progress the next steps from the Roundtable with each Shire in partnership with Housing Australia, the Department of Communities, Development WA and the Housing Supply Unit, WA Department of Treasury and non-government agencies.

Kimberley Regional Group Priority Action List

The KRG noted the progress of the action items and notes this priority action list will be reviewed as part of the strategic planning workshop in October.

These actions were brought to attention by members and the Executive Officer at the recent Canberra Regions Rising National Summitt (RAI) and visit, as well as at the Kimberley Housing Roundtable, and will continue to be highlighted as part of our election strategy.

Financial Assistance Grants Review Project

KRG noted the progress of the Financial Assistance Grant Review Project.

Community Safety and Crime Prevention Investment Project

The Group noted the progress of the Community Safety and Crime Prevention Project.

Executive Officer Report

The Executive Officer Report was received and endorsed 23 August 2024.

General Business

CEO’s and Executive Officer to progress a Canberra trip in November for the 18, 19 and 20. KRG Members are requested to forward their priority meeting requests to the Executive Team as soon as possible.

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

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.

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.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0924/105

Moved: Shire President C Mitchell Seconded: Cr E Smith

That Council receives and endorses the resolutions of the Kimberley Zone of Western Australia Local Government Association (WALGA) and the Kimberley Regional Group as attached in the Kimberley Zone of WALGA and Kimberley Regional Group Joint Meeting Minutes of 23 August 2024 en bloc.

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

Cr. M Virgo, Cr. P Taylor, Cr. E Smith, Cr. J Mamid.

CARRIED UNANIMOUSLY 9/0

Attachments

1.	KIMBERLEY ZONE MINUTES - 23 AUGUST 2024
2.	KIMBERLEY REGIONAL GROUP MINUTES - 23 AUGUST 2024

9.4.1 Monthly Payment Listing - August 2024
LOCATION/ADDRESS:	Nil
APPLICANT:	Nil
FILE:	FRE02
AUTHOR:	Finance Officer
CONTRIBUTOR/S:	Manager Financial Services
RESPONSIBLE OFFICER:	Acting Director Corporate Services
DISCLOSURE OF INTEREST:	Nil

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