Attachments of Ordinary Council

Item: 12.6.1

Attachment b.: Appendix B - Shire of Esperance Fencing Local Law - May 2015

APPENDIX B

Shire of Esperance

FENCING LOCAL LAW 2015

LOCAL GOVERNMENT ACT 1995

DIVIDING FENCES ACT 1961

FENCING LOCAL LAW 2015

CONTENTS

PART 1—PRELIMINARY

1.1 Citation

1.2 Commencement

1.3 Application

1.4 Repeal

1.5 Definitions

PART 2—SUFFICIENT FENCES

2.1 Sufficient Fences

PART 3—GENERAL

3.1 Fences Within Front Setback Areas

3.2 Fences on an Agriculture – General Lot, Rural Smallholdings Lot and on a Rural Residential Lot

3.3 Maintenance of Fences

3.4 General Discretion of the Local Government

PART 4—FENCING MATERIALS

4.1 Fencing Materials

4.2 Barbed Wire and Broken Glass Fences

PART 5—ELECTRIFIED AND RAZOR WIRE FENCES

5.1 Requirements for a Licence

5.2 Transfer of a Licence

5.3 Cancellation of a Licence

PART 6—NOTICES OF BREACH

6.1 Notices of Breach

PART 7—OFFENCES

7.1 Offences and Penalties

7.2 Modified Penalties

7.3 Form of Notices

FIRST SCHEDULE—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT

SECOND SCHEDULE—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A

COMMERCIAL LOT AND AN INDUSTRIAL LOT

THIRD SCHEDULE—SPECIFICATIONS FOR A SUFFICIENT FENCE

ON AN AGRICULUTRE GENERAL LOT, RURAL SMALLHOLDINGS LOT AND RURAL RESIDENTIAL LOT

FOURTH SCHEDULE—SPECIFICATIONS FOR A SUFFICIENT FENCE

ON A RESIDENTIAL R2/5 LOT

LOCAL GOVERNMENT ACT 1995

DIVIDING FENCES ACT 1961

Shire of Esperance

FENCING LOCAL LAW 2015

In pursuance of the powers conferred upon it by the Dividing Fences Act 1961 and the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Esperance resolved on xx^th xxxxx 2015, to make the following local law.

PART 1—PRELIMINARY

1.1 Citation

These Local Laws may be cited as the Shire of Esperance Fencing Local Law 2015.

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.3 Application

This Local Laws applies throughout the district.

1.4 Repeal

The Fencing Local Law 2002 of the Shire of Esperance published in the Government Gazette on the 30^th April 2002 and as amended on the 2^nd October 2009 and the 3^rd June 2011 are repealed.

1.5 Definitions

(a) In these Local Laws, unless the context requires otherwise:

(b)

“Act” means the Dividing Fences Act 1961;

“AS” means an Australian Standard published by the Standards Association of Australia;

“boundary fence” has the meaning given to it for the purposes of the Act;

“Building Surveyor” means a Building Surveyor of the local government;

“CEO” means the Chief Executive Officer of the local government;

“Commercial Lot” means a lot where a commercial use –

(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot;

“dangerous” in relation to any fence means:

(a) an electrified fence other than a fence in respect of which a licence under Part 5 of these Local Laws has been issued and is current;

(b) a fence containing barbed wire other than a fence erected and maintained in accordance with these Local Laws;

(c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other potentially harmful projection or material; or

(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause;

“district” means the district of the local government;

“dividing fence” has the meaning given to it in and for the purposes of the Act;

“electrified fence” means a fence carrying or designed to carry an electric charge;

“fence” means any structure used or functioning as a barrier, irrespective of where it is located and includes any gate;

“frontage” means the boundary line between a lot and the thoroughfare upon which that lot abuts;

“height” in relation to a fence means the vertical distance between:

(a) the top of the fence at any point; and

(b) the ground level or, where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point;

“Industrial Lot” means a lot where an industrial use –

(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot;

“local government” means the Shire of Esperance;

“lot” has the meaning given to it in and for the purposes of the Planning and Development Act 2005;

“notice of breach” means a notice referred to in clause 16(1);

“Residential Lot” means a lot where a residential use –

(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot;

“Residential R2/5 Lot” means a lot where a residential use with a density of R2 or R5 –

(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot;

“retaining wall” means any structure which prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another;

“Agriculture – General Lot” means a lot where an agricultural use –

(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot;

“Rural Smallholdings Lot” means a lot where an rural smallholdings use –

(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot;

“Schedule” means a Schedule to these Local Laws;

“setback area” has the meaning given to it for the purposes of the Local planning scheme;

“Rural Residential Lot” means a lot where a rural residential use –

(a) is or may be permitted under the local planning scheme; and

(b) is or will be the predominant use of the lot;

“sufficient fence” means a fence described in clause 6; and

“local planning scheme” means a local planning scheme of the local government made under the Planning and Development Act 2005.

1.6 Licence Fees & Charges

All licence fees and charges applicable under these Local Laws shall be as determined by the local government from time to time in accordance with section 6.16 of the Local Government Act 1995.

PART 2—SUFFICIENT FENCES

2.1 Sufficient Fences

(1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence unless all owners of land which adjoins the relevant boundary agree to erect a fence which though different does not fail to comply with the requirements of a sufficient fence.

(2) Subject to sub-clauses (3) and (4), a sufficient fence:

(a) on a Residential Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of the First Schedule.

(b) on a Commercial Lot and on an Industrial Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of the Second Schedule;

(c) on an Agriculture - General Lot, Rural Smallholdings Lot and on a Rural Residential Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of the Third Schedule.

(d) on a Residential R2/5 Lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of the Fourth Schedule.

(3) Where a fence is erected on or near the boundary between:

(a) a Residential Lot and an Industrial Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of the First Schedule;

(b) a Residential Lot and a Commercial Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of the Second Schedule;

(c) a Residential Lot and an Agriculture - General Lot or Rural Smallholdings Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of the Third Schedule;

(d) a Residential Lot and a Residential R2/5 Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of the First Schedule;

(e) a Residential R2/5 Lot and a Rural Residential Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of the Fourth Schedule;

(f) a Residential Lot and a Rural Residential Lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of the First Schedule; and

(4) Unless the Building Surveyor specifies otherwise, a sufficient fence on a boundary between lots other than those specified in subclause (3) is a dividing fence constructed in accordance with the specifications and requirements of the Second Schedule.

(5) Notwithstanding any other provisions in these Local Laws, a fence constructed of stone, brick or concrete shall be a sufficient fence only if it is designed by a structural engineer where:

(a) it is greater than 1800mm in height; or

(b) the Building Surveyor so requires.

PART 3—GENERAL

3.1 Fences Within Front Setback Areas

(1) A person shall not, without the written consent of the Building Surveyor, erect a free-standing fence greater than 1200mm in height, within the front set-back area of a Residential Lot or Residential R2/5 Lot within the district.

(2) The Building Surveyor may approve the erection of a fence of a height greater than 1200mm in the front setback area of a Residential Lot or Residential R2/5 Lot only if the fence on each side of the driveway into the Lot across the front boundary is to be angled into the Lot for a distance of not less than 1500mm along the frontage to a distance of not less than 1500mm from the frontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for access to a thoroughfare.

(3) The provision of sub-clause (2) shall not apply to a fence:

(a) of open construction that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare; or

(b) that does not adjoin a footpath.

3.2 Fences on an Agriculture – General Lot, Rural Smallholdings Lot and on a Rural Residential Lot

A person shall not without the written consent of the Building Surveyor, erect a fence on an Agriculture - General Lot, Rural Smallholdings Lot and on a Rural Residential Lot of a height exceeding 1500mm.

3.3 Maintenance of Fences

An owner and occupier of a lot on which a fence is erected shall maintain the fence in good condition and so as to prevent it from becoming dangerous, dilapidated, or unsightly.

3.4 General Discretion of the Local Government

(1) Notwithstanding clause 6, the local government may consent to the erection or repair of a fence which does not comply with the requirements of these Local Laws.

(2) In determining whether to grant its consent to the erection or repair of any fence, the local government may consider, in addition to any other matter that it is authorized to consider, whether the erection or retention of the fence would have an adverse effect on:

(a) the safe or convenient use of any land; or

(b) the safety or convenience of any person.

PART 4—FENCING MATERIALS

4.1 Fencing Materials

(1) A person shall only construct a fence on a Residential Lot, Residential R2/5 Lot, a Commercial Lot, an Industrial Lot, an Agriculture - General Lot, Rural Smallholdings Lot and on a Rural Residential Lot in accordance with the Schedules.

(2) Where the Building Surveyor approves the use of pre-used materials in the construction of a fence, that approval shall be conditional on the applicant for approval painting or treating the pre-used material as directed by the Building Surveyor.

4.2 Barbed Wire and Broken Glass Fences

(1) This clause does not apply to a fence constructed wholly or partly of razor wire.

(2) An owner or occupier of a Residential Lot, Residential R2/5 Lot or a Commercial Lot shall not erect or affix to any fence on such a lot any barbed wire or other material with spiked or jagged projections, unless the prior written approval of the Building Surveyor has been obtained.

(3) An owner or occupier of an Industrial Lot shall not erect or affix on any fence bounding that Lot any barbed wire or other materials with spiked or jagged projections unless the wire or materials are carried on posts at an angle of 45 degrees, and unless the bottom row of wire or other materials is set back 150mm from the face of the fence and is not nearer than 2000mm from the ground level.

(4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled towards the outside of the lot bounded by the fence the face of the fence must be set back from the lot boundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not encroach on adjoining land.

(5) An owner or occupier of a lot shall not affix or allow to remain as part of any fence or wall, whether internal or external, on that lot any broken glass.

(6) An owner or occupier of a an Agriculture – General Lot, Rural Smallholdings Lot and on a Rural Residential Lot. shall not place or affix barbed wire upon a fence on that Lot where the fence is adjacent to a thoroughfare or other public place unless the barbed wire is fixed to the side of the fence posts furthest from the thoroughfare or other public place.

PART 5—ELECTRIFIED AND RAZOR WIRE FENCES

5.1 Requirements for a Licence

(1) An owner or occupier of a lot, other than an Agriculture - General Lot or Rural Smallholdings Lot, shall not:

(a) have and use an electrified fence on that lot without first obtaining a licence under subclause (2); or

(b) construct a fence wholly or partly of razor wire on that lot without first obtaining a licence under subclause (3).

(2) A licence to have and use an electrified fence shall not be issued:

(a) in respect of a lot which is or which abuts a Residential Lot;

(b) unless the fence complies with AS/NZS 3016 as amended from time to time; and

(c) unless provision is made so as to enable the fence to be rendered inoperable during the hours of business operations, if any, on the lot where it is erected.

(3) A licence to have a fence constructed wholly or partly of razor wire shall not be issued:

(a) if the fence is within 3m of the boundary of the lot;

(b) where any razor wire used in the construction of the fence is less than 2000mm or more than 2400mm above the ground level.

(4) An application for a licence referred to in subclauses (2) or (3) shall be made by the owner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written consent of the owner.

(5) An application for a licence referred to in subclauses (2) or (3) may be:

(a) approved by the local government;

(b) approved by the local government subject to such conditions as it thinks fit; or

5.2 Transfer of a Licence

A licence referred to in clause 13 shall transfer with the land to any new occupier or owner of the lot.

5.3 Cancellation of a Licence

Subject to Division 1 Part 9 of the Local Government Act 1995, the local government may cancel a licence issued under this Part if –

(a) the fence no longer satisfies the requirements specified in clause 13(2) or 13(3) as the case may be; or

(b) the licence holder breaches any condition upon which the licence has been issued.

PART 6—NOTICES OF BREACH

6.1 Notices of Breach

(1) Where a breach of any provision of these Local Laws has occurred in relation to a fence on a lot, the local government may give a notice in writing to the owner of that lot (‘notice of breach’).

(2) A notice of breach shall:

(a) specify the provision of these Local Laws which has been breached;

(b) specify the particulars of the breach; and

(3) Should an owner fail to comply with a notice of breach, the local government may by its employees, agents or contractors enter upon the lot to which the notice relates and remedy the breach, and may recover the expenses of so doing from the owner of the lot, as the case may be, in a court of competent jurisdiction.

(4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of the Local Government Act 1995, and entry onto land will be in accordance with Part 3 Division 3 Subdivision 3 of that Act.

PART 7—OFFENCES

7.1 Offences and Penalties

(1) An owner who fails to comply with a notice of breach commits an offence and is liable upon conviction to a maximum penalty of $5000 and, if the offence is a continuing offence, a maximum daily penalty of $500.

(2) A person who fails to comply with or who contravenes any provision of these Local Laws commits an offence and is liable to a maximum penalty of $5000 and, if the offence is a continuing offence, a maximum daily penalty of $500.

7.2 Modified Penalties

(1) An offence against any provision of these Local Laws is a prescribed offence for the purposes of section 9.16 (1) of the Local Government Act 1995.

(2) Unless otherwise specified, the amount of the modified penalty for an offence against any provision of these Local Laws is $200.

7.3 Form of Notices

For the purposes of these Local Laws –

(a) the form of the infringement notice referred to in section 9.17 of the Local Government Act 1995 is to be in or substantially in the form of Form 2 of Schedule 1 of the Local Government (Functions and General) Regulations 1996;

(b) the form of the notice referred to in section 9.20 of the Local Government Act 1995 is to be in or substantially in the form of Form 3 in Schedule 1 of the Local Government (Functions and General) Regulations 1996.

Clause 6(2)(a)

FIRST SCHEDULE

SPECIFICATIONS FOR A SUFFICIENT FENCE

ON A RESIDENTIAL LOT

Each of the following is a “sufficient fence” on a Residential Lot:

A. A picket timber fence which satisfies the following specifications:

(a) corner posts to be 125mm x 125mm x 2400mm and intermediate posts to be 125mm x 75mm 2400mm spaced at 2400mm centres;

(b) corner posts to be strutted two ways with 100mm x 50mm x 450mm sole plates and 75mm x 50mm struts;

(d) all posts to have tops with a 60mm weather cut and to be sunk at least 600mm into the ground;

(e) rails to be 75mm x 50mm with each rail spanning two bays of fencing double railed or bolted to each post with joints staggered;

(f) the fence to be covered with 75mm x 20mm sawn pickets, 1800mm in height placed 75mm apart and affixed securely to each rail; and

(g) the height of the fence to be 1800mm except with respect to the front set back area for which there is no minimum height but which is subject to clause 7.

B. A fence constructed of corrugated fibre reinforced pressed cement or steel sheeting which satisfies the following specifications:

(a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any case shall have a minimum in-ground depth of 600mm;

(b) the total height and depth of the fence to consist of a single continuous fibre reinforced cement or steel sheet;

(c) the sheets to be lapped and capped with extruded “snap-fit” type capping in accordance with the manufacturers written instructions; and

(d) the height of the fence to be 1800mm except with respect to the front set back area for which there is no minimum height but which is subject to clause 7.

C. A fence constructed of brick, stone or concrete, which satisfies the following specifications:

(a) footings of minimum 225mm x 150mm concrete 15MPA or 300mm x 175mm brick laid in cement mortar;

(b) fences to be offset a minimum of 200mm at maximum 3000mm centres or 225mm x 100mm engaged piers to be provided at maximum 3000mm centres;

(d) the height of the fence to be 1800mm except with respect to the front set back area for which there is no minimum height but which is subject to clause 7.

D. A composite fence having a minimum overall height of 1800mm except with respect to the front set back area for which there is no minimum height but which is subject to clause 7, which satisfies the following specifications for the brick construction:

(1) (a) brick piers of minimum 345mm x 345mm at 1800mm centres bonded to a minimum height base wall of 514mm;

(b) each pier shall be reinforced with one R10 galvanised starting rod 1500mm high with a 250mm horizontal leg bedded into a 500mm x 200mm concrete footing and set 65mm above the base of the footing. The top of the footing shall be 1 course (85mm) below ground level;

(c) the minimum ultimate strength of brickwork shall by 20MPA. Mortar shall be a mix of 1 part cement, 1 part lime and 6 parts sand;

(d) the ground under the footings is to be compacted to 6 blows per 300mm and checked with a standard falling weight penetrometer; and

(e) control joints in brickwork shall be provided with double piers at a maximum of 6 metre centres; or

(2) (a) brick piers of a minimum 345mm x 345mm x 2700mm centres bonded to the base wall; and

(b) each pier shall be reinforced with two R10 galvanised starting rods as previously specified.

Clause 6(2)(b)

SECOND SCHEDULE

SPECIFICATIONS FOR A SUFFICIENT FENCE ON A

COMMERCIAL LOT AND AN INDUSTRIAL LOT

Each of the following is a “sufficient fence” on a Commercial Lot and an Industrial Lot:

A. A fence constructed of galvanised or PVC coated rail-less link mesh, chain mesh or steel mesh which satisfies the following specifications:

(a) corner posts to be minimum 50mm normal bore x 3.5mm and with footings of a 225mm diameter x 900mm;

(b) intermediate posts to be minimum 37mm nominal bore x 3.15mm at maximum 3.5m centres and with footings of a 225mm diameter x 600mm;

(c) struts to be minimum 30mm nominal bore x 3.15mm fitted at each gate and two at each corner post and with footings 225mm x 600mm;

(d) cables to be affixed to the top, centre and bottom of all posts and to consist of two or more 3.15mm wires twisted together or single 4mm wire;

(e) rail-less link, chain or steel mesh is to be to a height of 2000mm on top of which are to be three strands of barbed wire carrying the fence to a height of 2400mm in accordance with clause 12(3) of these Local Laws; and

(f) galvanised link mesh wire to be 2000mm in height and constructed of 50mm mesh 2.5mm galvanised iron wire and to be strained, neatly secured and laced to the posts and affixed to cables. Vehicle entry gates shall provide an opening of not less than 3.6m and shall be constructed of 25mm tubular framework with one horizontal and one vertical stay constructed of 20mm piping and shall be covered with 50mm x 2.5mm galvanised link mesh strained to framework. Gates shall be fixed with a drop bolt and locking attachment.

B. A fence of fibre reinforced cement sheet or steel sheeting constructed to the minimum specifications referred to in Item B of the First Schedule.

C. A fence constructed of aluminium sheeting when supported on posts and rails provided that it is used behind a building line and is of a minimum height of 1800mm but no greater than 2400mm.

D. Fences of timber, brick, stone or concrete constructed to the minimum specifications referred to in the First Schedule.

Clause 6(2)(c)

THIRD SCHEDULE

SPECIFICATIONS FOR A SUFFICIENT FENCE

ON AN AGRICULTURE GENERAL LOT, RURAL SMALLHOLDINGS LOT AND RURAL RESIDENTIAL LOT

(1) In the case of a non-electrified fence, a sufficient fence on an Agriculture - General Lot, Rural Smallholdings Lot and on a Rural Residential Lot is a fence of posts and wire construction, the minimum specifications for which are:

(a) wire shall be high tensile wire and not less than 2.5mm. A minimum of five wires shall be used, generally with the lower wires spaced closer together than the higher wires so as to prevent smaller stock passing through, and connected to posts in all cases.

(b) posts shall be of indigenous timber or other suitable material including -

► timber impregnated with a termite and fungicidal preservative;

► standard iron star pickets; or

► concrete;

(c) if timber posts are used, posts are to be cut not less than 1800mm long x 50mm diameter at small end if round or 125mm x 60mm if split or sawn. Posts to be set minimum 600mm in the ground and 1200mm above the ground; and

(d) strainer posts shall be not less than 2250mm long and 50mm diameter at the small end (tubular steel to be 50mm in diameter) and shall be cut from indigenous timber or other suitable material. These shall be placed a minimum of 1000mm in the ground and set at all corners, gateways and fence line angles.

(2) An electrified fence having four wires only is a sufficient fence if constructed generally in accordance with (1).

Clause 6(2)(d)

FOURTH SCHEDULE

SPECIFICATIONS FOR A SUFFICIENT FENCE

ON A RESIDENTIAL R2/5 LOT

(1) a sufficient fence on a Residential R2/5 Lot is a fence of posts and wire construction, the minimum specifications for which are:

(b) posts shall be of indigenous timber or other suitable material including -

► timber impregnated with a termite and fungicidal preservative;

► standard iron star pickets; or

► concrete;

(e) No boundary fence shall be constructed of the following materials –

(i) fibro cement

(ii) metal sheeting

(iii) wooden pickets.

Dated this xxth day of xxxxx 2015.

The Common Seal of the Shire of Esperance was hereto affixed by the authority of a resolution of Council in the presence of –

M. HEASMAN, Shire President.

W.M. SCOTT, Chief Executive Officer

Item: 12.6.1

Attachment c.: Appendix C - Shire of Esperance Standing Orders Local - May 2015

APPENDIX B

Shire of Esperance

STANDING ORDERS

LOCAL LAW 2015

LOCAL GOVERNMENT ACT 1995

STANDING ORDERS LOCAL LAW 2015

CONTENTS

PART 1 – PRELIMINARY

1.1 Citation

1.2 Commencement

1.3 Application

1.4 Definitions
1.5 Repeal

PART 2 – CALLING AND CONVENING MEETINGS

2.1 Ordinary and special Council meetings

2.2 Calling Council meetings

2.3 Convening Council meetings

2.4 Calling committee meetings

2.5 Public notice of meetings

PART 3 – BUSINESS OF THE MEETING

3.1 Business to be Specified on Notice Paper

3.2 Order of Business

3.3 Public Question Time

3.4 Public Addresses

3.5 Deputations

3.6 Petitions

3.7 Confirmation of Minutes

3.8 Announcements by the Persons Presiding Without Discussion

3.9 Reports

3.10 Motions of which Previous Notice has been given

3.11 Questions by Members

3.12 Delegate Reports Without Discussion

3.13 Urgent Business Approved by Decision

PART 4 – PUBLIC ACCESS TO AGENDA MATERIAL

4.1 Inspection Entitlement

4.2 Confidentiality of Information Withheld

PART 5 – DISCLOSURE OF INTERESTS

5.1 Disclosure of Interests

PART 6 – QUORUM

6.1 Quorum for meetings

6.2 Reduction of quorum for Council Meetings

6.3 Reduction of quorum for committee meetings

6.4 Procedure where no quorum to begin a meeting

6.5 Procedure where quorum not present during a meeting

6.6 Names to be recorded

PART 7 – KEEPING OF MINUTES

7.1 Content of Minutes

7.2 Preservation of Minutes

PART 8 – CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS

8.1 Official Titles to be Used

8.2 Members to Occupy Own Seats

8.3 Leaving Meetings

8.4 Adverse Reflections

8.5 Recording of Proceedings

8.6 Prevention of Disturbance

8.7 Distinguished Visitors

PART 9 – CONDUCT OF MEMBERS DURING DEBATE

9.1 Members to Speak

9.2 Priority

9.3 The Person Presiding to Take Part in Debates

9.4 Relevance

9.5 Limitation of Number of Speeches

9.6 Limitation of Duration of Speeches

9.7 Members Not to Speak After Conclusion of Debate

9.8 Members Not to Interrupt

9.9 Re-Opening Discussion on Decisions

PART 10 – PROCEDURES FOR DEBATE OF MOTIONS

10.1 Motions to be Stated

10.2 Motions to be Supported

10.3 Unopposed Business

10.4 Only One Substantive Motion Considered

10.5 Breaking down of Complex Questions

10.6 Order of Call in Debate

10.7 Limit of Debate

10.8 Member May Require Questions to be Read

10.9 Consent of Seconder Required to Accept Alteration of Wording

10.10 Order of Amendments

10.11 Amendments Must Not Negate Original Motion

10.12 Mover of Motion May Speak on Amendment

10.13 Substantive Motion

10.14 Withdrawal of Motion and Amendments

10.15 Limitation of Withdrawal

10.16 Personal Expectation

10.17 Personal Explanation When Heard

10.18 Ruling on Questions of Personal Explanation

10.19 Right to Reply

10.20 Right of Reply Provisions

PART 11 – PROCEDURAL MOTIONS

11.1 Permissible Procedural Motions

11.2 No Debate on Procedural Motions

11.3 Procedural Motions – Closing Debate – Who May Move

11.4 Procedural Motions – Right of Reply on Substantive Motion

PART 12 – EFFECT OF PROCEDURAL MOTIONS

12.1 Council (or committee) to Proceed to the Next Business - Effect of Motion

12.2 Question to be Adjourned - Effect of Motion

12.3 Council (or committee) to Now Adjourn – Effect of Motion

12.4 Question to be Put – Effect of Motion

12.5 Member to be No Longer Heard – Effect of Motion

12.6 Ruling to the Person Presiding Disagreed With – Effect of Motion

12.7 Council (or committee) to Meet Behind Closed Doors – Effect of Motion

PART 13 – MAKING DECISIONS

13.1 Question – Repeated before being Put

13.2 Question – Method of Putting

13.3 Recording of Councillors Voting Against a Motion

PART 14 – IMPLEMENTION DECISIONS

14.1 Implementation of a Decision

PART 15 – PRESERVING ORDER

15.1 The Person Presiding to Preserve Order

15.2 Demand for Withdrawal

15.3 Points of Order – when to Raise – Procedure

15.4 Points of Order – When Valid

15.5 Points of Order – Ruling

15.6 Points of Order – Ruling Conclusive, Unless Dissent Motion is Moved

15.7 Points of Order Take Precedence

15.8 Precedence of Person Presiding

15.9 Right of the Person Presiding to Adjourn Without Explanation to Regain Order

PART 16 – ADJOURNMENT OF MEETING

16.1 Meeting May be Adjourned

16.2 Limit to Moving Adjournment

16.3 Unopposed Business – Motion for Adjournment

16.4 Withdrawal of Motion for Adjournment

16.5 Time to Which Adjournment

PART 17 – COMMITTEES OF THE COUNCIL

17.1 Establishment and Appointment of Committees

17.2 Appointment of Deputy Committee Members

17.3 Reports of Committees – Questions

17.4 Permissible Motions on Recommendation From Committee

17.5 Standing Orders Apply to Committees

PART 18 – MEETING TO HEAR PUBLIC SUBMISSIONS

18.1 Council may meet to hear public submissions

PART 19 – ADMINISTRATIVE MATTERS

19.1 Suspension of Standing Orders

19.2 Cases not Provided for in Standing Orders

PART 20 – COMMON SEAL

20.1 The Council’s Common Seal

PART 21 – BRIEFINGS AND OTHER INFORMAL MEETINGS

21.1 Briefings and other informal meetings

PART 22 – PENALTIES

22.1 Penalties

LOCAL GOVERNMENT ACT 1995

SHIRE OF ESPERANCE

LOCAL LAW STANDING ORDERS 2015

In pursuance of the powers conferred upon it by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Esperance resolved on the xx xxxxxx 2015, to make the following Local Law.

PART 1—PRELIMINARY

1.1 Citation

(1) This Local Law may be cited as the Shire of Esperance Standing Orders Local Law 2015.

(2) In the clauses to follow, this Local Law is referred to as the “Standing Orders.”

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.3 Application

All meetings of the Council or a committee and other matters as prescribed are to be conducted in accordance with the Act, the Regulations and these Standing Orders.

1.4 Definitions

(1) In these Standing Orders unless the context otherwise requires-

“absolute majority” has the meaning given to it in the Act

“Act” means the Local Government Act 1995

“briefing session” means any informal meeting or gathering between Councillors and staff to discuss the business of the Council or any matter on the agenda of a Council or committee meeting, either open to the public or not;

“CEO” means the Chief Executive Officer or Acting Chief Executive Officer for the time being of the Shire of Esperance;

“committee” means a committee of the Council;

“Council” means the Council of the Shire of Esperance;

“Local Government” means the Shire of Esperance;

“presiding member” means the presiding member of a committee or the deputy presiding member, or a member of the committee when performing a function of the presiding member in accordance with the Act;

“Regulations” means the Local Government (Administration) Regulations 1996;

“simple majority” is more than 50% of the members present and voting;

“substantive motion” means an original motion or an original motion as amended, but does not include an amendment or a procedural motion.

(2) Unless otherwise defined herein the terms and expressions used in the Standing Orders are to have the meaning given to them in the Act and Regulations.

1.5 Repeal

The Standing Orders of the Shire of Esperance published in the Government Gazette on the 9^th November 2001 are repealed.

PART 2—CALLING AND CONVENING MEETINGS

2.1 Ordinary and Special Council meetings

(1) Ordinary and special council meetings are dealt with in the Act.

(2) An ordinary meeting of the Council, held on a monthly basis or otherwise as determined by the Council, is for the purpose of considering and dealing with the ordinary business of the Council.

(3) A special meeting of the Council is held for the purpose of considering and dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential.

2.2 Calling Council meetings

The calling of Council meetings is dealt with in the Act.

2.3 Convening Council Meetings

(1) The convening of a Council meeting is dealt with in the Act.

(2) Subject to subclause (3), the CEO is to give at least 72 hours notice, in convening a special meeting of the Council.

(3) Where, in the opinion of the President or at lease one-third of the members, there is a need to meet urgently, the CEO may give a lesser period of notice of a special Council meeting.

2.4 Calling committee meetings

The CEO is to call a meeting of any committee when requested by the President, the Presiding Member of committee or any two members of that committee.

2.5 Public notice of meetings

Public notice of meetings is dealt with in the Regulations.

PART 3—BUSINESS OF THE MEETING

3.1 Business to be Specified on Notice Paper

(1) No business is to be transacted at any ordinary meeting of the Council other than that specified in the agenda, without the approval of the person presiding or a decision of the Council.

(2) No business is to be transacted at a special meeting of the Council other than that given in the notice as the purpose of the meeting.

(3) No business is to be transacted at an adjourned meeting of the Council or a committee other than that-

(a) specified in the notice of the meeting which had been adjourned; and

(b) which remains unresolved;

(4) Where a meeting is adjourned to the next ordinary meeting of the Council then, unless the Council resolves otherwise, the business unresolved at the adjourned meeting is to have precedence at that ordinary meeting.

3.2 Order of Business

(1) Unless otherwise decided by the members present, the order of business at any Council or committee meeting is to be the order in which that business stands in the agenda of the meeting.

(2) The order of business at an ordinary meeting of the Council is to be shown as nearly as practicable in the agenda as follows:

a) Official opening

b) Apologies and notification of granted leave of absence

c) Applications for leave of absence

d) Announcements by the person presiding without discussion

e) Declaration of members interests

f) Public Question Time

g) Public addresses/ Deputations

h) Petitions

i) Confirmation of minutes

j) Delegates reports without discussion

k) Reports

l) Motions of which notice has been given

m) Members questions with or without notice

n) Urgent business approved by decision

o) Matters behind closed doors

p) Public Question Time

q) Closure

(3) Notwithstanding sub-clauses (1) and (2) in the order of business for any meeting of the Council or a committee, the provisions of the Act and Regulations relating to the time at which public question time is to be held are to be observed.

(4) Notwithstanding sub-clause (2), the CEO may include on the agenda of a Council or committee meeting in an appropriate place within the order of business any matter that must be decided, or which he or she considers is appropriately decided, by that meeting.

3.3 Public Question Time

(1) A member of the public who raises a question during public question time is to state his or her name and address.

(2) The Council or committee may take a question on notice for a later response.

(3) When a question is taken on notice under sub-clause (2) a response is to be given to the member of the public in writing by the CEO, and a copy is to be included in the agenda of the next meeting of the Council or committee as the case requires.

(4) Every question is to be submitted as briefly and concisely as possible.

(5) A member of the public who participates in public question time must take direction from the person presiding whenever called upon to do so.

(6) A Council or committee member may move to extend the time permitted (as per the regulations) for public question time at any meeting. The presiding person will put the motion without debate.

3.4 Public Addresses

(1) Public addresses are permitted at an ordinary meeting of the Council or a committee, not exceeding three (3) minutes, on any matter-

(a) which affects the local government, in the case of the Council; or

(b) which is the function of the committee, in the case of a committee.

(2) Public addresses will be limited to three at any one meeting or more at the discretion of Council, applicable to the same issue

(3) A member of the public who participates in a public address must take direction from the person presiding whenever called upon to do so.

(4) A member may at the end of the business of public addresses–

(a) move that a matter be referred to a future Council or committee meeting for reporting; or

(b) where the matter is the subject of a report in the meeting agenda, move that a change be made to the order of business of the meeting to allow the matter to be debated immediately.

The person presiding will put the question without debate.

3.5 Deputations

(1) A deputation wishing to be received by the Council or a committee is to apply in writing to the CEO who is to forward the written request to the President or presiding member as the case may be.

(2) The President if the request is to attend a council meeting or the presiding member of the committee, may either approve the request, in which event the CEO is to invite the deputation to attend a meeting of the Council or committee, or may instruct the CEO to refer the request to the Council or committee to decide.

(3) A deputation invited to attend a Council or committee meeting-

(a) is not to exceed five persons, only two of who may address the Council or committee or more at the discretion of Council, although others may respond to specific questions from the members;

(b) is not to address the Council or committee for a period exceeding 15 minutes without the agreement of the Council or committee as the case requires; and

(4) Any matter the subject of a deputation is not to be decided by the committee until the deputation has completed its presentation.

(5) A member of the public who participates in a deputation must take direction from the person presiding whenever called upon to do so.

(6) A member may at the end of the business of deputations –

(a) move that a matter be referred to a future Council or committee meeting for reporting; or

(b) where the matter is the subject of a report in the meeting agenda, move that a change be made to the order of business of the meeting to allow the matter to be debated immediately.

The person presiding will put the motion without debate.

(7) A Council or committee member as the case requires may move to extend the time permitted for deputations at any meeting.

The person presiding will put the question without debate or may defer the question to a future council meeting.

3.6 Petitions

(1) A petition, in order to be effective, is to-

(a) be addressed to the President;

(b) be made by electors of the district;

(d) contain the names, addresses and signatures of the electors making the request, and the date each elector signed;

(e) contain a summary of the reasons for the request;

(f) state the name of the person upon whom, and an address at which, notice to the petitioners can be given;

(g) be in the form prescribed by the Act and Local Government (Constitution) Regulations 1996 if it is-

(i) a proposal to change the method of filling the office of President;

(ii) a proposal to create a new district or the boundaries of the Local Government;

(iii) a request for a poll on a recommended amalgamation;

(iv) a submission about changes to wards, the name of a district or ward or the number of councillors for a district or ward.

(2) An electronic petition, in order to be effective, is to-

(a) be addressed to the President;

(b) be made by electors of the district;

(c) contain the name , addresses and email address of the electors making the request, and the date each elector completed the petition;

(d) contain a summary of the reasons for the request;

(e) state the email address and name of the person upon whom, notice to the petitioners can be given;

(f) an electronic petition cannot be made for the following:

(i) a proposal to change the method of filling the office of President;

(ii) a proposal to create a new district or the boundaries of the Local Government;

(iii) a request for a poll on a recommended amalgamation;

(iv) a submission about changes to wards, the name of a district or ward or the number of councillors for a district or ward.

(3) A member may at the end of the business of petitions–

(a) move that a matter be referred to a future Council or committee meeting for reporting; or

(b) where the matter is the subject of a report in the meeting agenda, move that a change be made to the order of business of the meeting to allow the matter to be debated immediately.

The person presiding will put the question without debate or may defer the question to a future council meeting.

3.7 Confirmation of Minutes

(1) When minutes of a meeting are submitted to an ordinary meeting of the Council or committee for confirmation, if a member is dissatisfied with the accuracy of the minutes, then he or she is to-

(a) state the item or items with which he or she is dissatisfied; and

(b) propose a motion clearly outlining the alternative wording to amend the minutes.

(2) Discussion of any minutes, other than discussion as to their accuracy as a record of the proceedings, is not permitted.

3.8 Announcements by the Person Presiding Without Discussion

(1) At any meeting of the Council or a committee the person presiding may announce or raise any matter of interest or relevance to the business of the Council or committee, or propose a change to the order of business.

(2) Any member may move that a change in order of business proposed by the person presiding not be accepted and if carried by a majority of members present, the proposed change in order is not to take place.

3.9 Reports

(1) The CEO is to use discretion in deciding what reports to place before the Council or a committee.

(2) Where a Report contains a matter to be decided by the Council or committee, the CEO is, if the circumstances permit, to recommend a course of action to the Council or committee, or state the alternative courses of action available.

(3) A member may move that a matter be the subject of a future report to a committee or that a matter under consideration by the Council be referred back to committee for additional reporting or consideration.

(4) In outlining the reasons for the referral motion, the member should detail the nature of the additional information required and indicate a timeframe for the report to be forthcoming to the committee.

(5) The person presiding shall seek advice from the CEO or the other employee as defined in the Act, in attendance at the meeting, as to the resources required to comply with the intent of the member’s motion. In the absence of a definitive answer, the person presiding can accept the motion subject to a further report by the CEO.

3.10 Motions of which Previous Notice has been Given

(1) Unless the Act, Regulations or these Standing Orders otherwise provide, a member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to the CEO.

(2) A notice of motion under subclause (1) is to be given at least seven (7) clear working days before the meeting at which the motion is moved.

(3) A notice of motion is to relate to the good government of persons in the district.

(4) The CEO-

(a) with the concurrence of the President may exclude from the notice paper any notice of motion deemed to be out of order; or

(b) may on his or her own initiative make such amendments to the form but not the substance thereof as will bring the notice of motion into due form; and

(c) may under his or her name provide relevant and material facts and circumstances pertaining to the notice of motion on such matters as policy, budget and law.

(5) A motion of which notice has been given is to lapse unless-

(a) the member who gave notice thereof moves the motion when called on; or

(b) the Council on a motion agrees to defer consideration of the motion to a later stage or date.

(6) If a notice of motion is given and lapses in the circumstances referred to in subclause (5)(a), notice of motion in the same terms or the same effect is not to be given again for at least 3 months from the date of such lapse.

3.11 Questions by Members

(1) Members may ask questions relating to an item on the agenda or on matters related to the good

governance of persons in the district.

(2) At any time during the debate on a motion before the motion is put to the vote, a member may ask

a question and, with the consent of the Presiding Member, may ask one or more further questions.

(3) A member requesting general information from an Officer at a Council meeting may ask a

question without notice and with the consent of the Presiding Member, may ask one or more further

questions of that Officer or another Officer present at the meeting.

(4) Where possible the Officer shall endeavour to answer the question to the best of his or her

knowledge and ability, however, if the information is unavailable or the answer requires research or

investigation, the Officer may ask that the answer to the question be given to the member who asked

it within 5 days.

(5) Every Member question and answer—

(a) is to be brief and concise; and

(b) is not to be accompanied by argument or expression of opinion except to the extent necessary

to explain the question or answer.

(6) In answering any question, the CEO and any Officer may qualify their answer and may at a

later time in the Meeting, or at a subsequent Meeting, alter, correct, add to or otherwise amend the

original answer.

The person presiding will put the question without debate.

3.12 Delegate Reports Without Discussion

(1) At any meeting of the Council or a committee the person presiding may invite members to provide a written report on the activities of an external organisation or committee to which they are appointed as a Council delegate.

(2) A member may move in relation to any matter arising from such a report –

(a) that the matter be referred to a future Council or committee meeting for reporting; or

(b) where a report on the matter is already contained in the agenda for that meeting, that the question be adjourned until during consideration of that report is considered; or

3.13 Urgent Business Approved by Decision

(1) By decision of the members present, urgent business may be raised without notice. In all cases, the business must be of extreme or extenuating circumstances as defined in Council policy.

(2) A motion recommending a matter be debated because of urgent circumstances must be moved and carried by a simple majority of members present before the urgent business will be considered.

(3) Urgent business that is not the subject of a written employee report to the meeting should be referred to the CEO or other employee as defined with in the Act, in attendance at the meeting for a verbal report before debate on the matter commences.

(4) A summary of the report and any recommendation of the CEO or other employee will be recorded in all cases in the minutes of the meeting.

(5) The reason for a decision made at the meeting that is significantly different from the recommendation of the CEO or an employee as defined in section 5.70 of the Act, is to be recorded in the minutes.

PART 4—PUBLIC ACCESS TO AGENDA MATERIAL

4.1 Inspection Entitlement

Members of the public have access to agenda material in the terms set out in the Regulations.

4.2 Confidentiality of Information Withheld

(1) Information withheld by the CEO from members of the public as defined in the Regulations, is to be-

(a) identified in the agenda of a Council or committee meeting under the item “Matters behind closed doors”; and

(b) marked “confidential” in the agenda.

(2) A member of the Council or a committee or an employee of the Council in receipt of confidential information is not to disclose such information to any person, other than a member of the Council or the committee or an employee of the Council to the extent necessary for the purpose of carrying out his or her duties.

PART 5—DISCLOSURE OF INTERESTS

5.1 Disclosure of Interests

Disclosures of interests is dealt with in the Act

PART 6—QUORUM

6.1 Quorum for meetings

The quorum for meetings is dealt with in the Act.

6.2 Reduction of quorum for Council Meetings

The power of the Minister to reduce the number for a quorum and certain majorities is dealt with in the Act.

6.3 Reduction of quorum for committee meetings

The reduction of a quorum for committee meetings is dealt with in the Act.

6.4 Procedure where no quorum to begin a meeting

The procedure where there is no quorum to begin a meeting is dealt with in the Regulations.

6.5 Procedure where quorum not present during a meeting

If at any time during a meeting a quorum is not present, the Presiding Member is:

(a) immediately to suspend the proceedings of the meeting for a period of up to 15 minutes:

and

(b) if a quorum is not present at the expiry of that period, the Presiding Member is to adjourn the meeting to some future time or date.

6.6 Names to be recorded

At any meeting:

(a) at which there is not a quorum present; or

(b) which is adjorned for want of a quorum,

the name of the members then present are to be recorded in the minutes.

PART 7—KEEPING OF MINUTES

7.1 Content of Minutes

In addition to the matters contained in the Regulations, the content of minutes of a meeting of the Council or a committee is to include, where an application for approval is declined or the authorisation of a licence, permit, or certificate is otherwise withheld or cancelled, the reasons for the decision.

7.2 Preservation of Minutes

Minutes including the agenda of each Council and committee meeting are to be kept as a permanent record of the activities of the Local Government and are to be transferred to the Public Records Office, being a directorate of the Library and Information Service of Western Australia, in accordance with the retention and disposal policy determined by that office from time to time.

PART 8—CONDUCT OF PERSONS AT COUNCIL AND COMMITTEE MEETINGS

8.1 Official Titles to be Used

Members of the Council are to speak of each other in the Council or committee by their respective titles of President or councillor. Members of the Council, in speaking of or addressing employees, are to designate them by their respective official titles.

8.2 Members to Occupy Own Seats

(1) At the first meeting held after each ordinary election day, the CEO is to allot by a ballot process a position at the Council table to each councillor. At the discretion of Council a councillor with an hearing and/or visual impairment can be allocated a position at the Council table so as not to be disadvantaged The positions allotted remain until such time as there is a call by a majority of councillors for a re-allotment of positions.

(2) No Councillor shall be deemed to be present unless occupying that member's allotted place at the Council table.

(3) Any members present as observers at a committee meeting must occupy seats that clearly distinguish the observing members from the voting members and are subject to the direction of the presiding member in this regard.

8.3 Leaving Meetings

During the course of a meeting of the Council or a committee, no member is to leave or enter the meeting without first obtaining the acknowledgment of the person presiding, in order to facilitate the recording in the minutes of the time of departure or entry.

8.4 Adverse Reflection

(1) No member of the Council or a committee is to reflect adversely upon a decision of the Council or committee except on a motion that the decision be revoked or changed.

(2) No member of the Council or a committee is to use offensive or objectionable expressions in reference to any member, employee of the Council, or any other person.

8.5 Recording of Proceedings

(1) No person is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.

(2) Subclause (1) does not apply if the record is taken by or at the direction of the CEO, with the permission of the Council or committee.

8.6 Prevention of Disturbance

(1) A person addressing Council or a Committee shall extend due courtesy and respect to Council or the Committee, and its Members, and the processes under which it operates, and shall comply with any direction by the Presiding Member.

(2) A person shall not create a disturbance at a Meeting.

(3) In this clause, “create a disturbance” includes—

(a) using insulting, offensive or threatening language;

(b) behaving in an insulting, offensive or threatening manner;

(d) acting in a manner that brings the Council or Committee into disrepute; or

(e) disrupting, disturbing, interfering with, or interrupting the Meeting.

(4) A person shall ensure that their mobile telephone and audible pager cannot be heard during any Meeting.

(5) If a person who fails to comply with this clause, the Presiding Member may warn that person to so comply.

(6) If, after being warned by the Presiding Member under subclause (5), a person—

(a) again acts contrary to this clause, or to these Meeting Procedures; or

(b) refuses or fails to comply with a direction by the Presiding Member,

the Presiding Member may order the person to leave the room.

(7) A person who is ordered to leave the Meeting room under subclause (5) and fails to do so may, by order of the Presiding Member, be removed from the Meeting and from the premises.

8.7 Distinguished Visitors

If a distinguished visitor is present at a meeting of the Council or a committee, the person presiding may invite such person to sit beside the person presiding or at the Council table.

PART 9—CONDUCT OF MEMBERS DURING DEBATE

9.1 Members to Speak

Every member of the Council wishing to speak is to indicate by a show of hand or other method agreed upon by the Council.

9.2 Priority

In the event of two or more members of the Council or a committee wishing to speak at the same time, the person presiding is to decide which member is entitled to be heard first. The decision is not open to discussion or dissent.

9.3 The Person Presiding to Take Part in Debates

Unless otherwise prohibited by the Act, and subject to compliance with procedures for the debate of motions contained in these Standing Orders, the person presiding may take part in a discussion of any matter before the Council or committee as the case may be.

9.4 Relevance

Every member of the Council or a committee is to restrict his or her remarks to the motion or amendment under discussion, or to a personal explanation or point of order.

9.5 Limitation of Number of Speeches

No member of the Council is to address the Council more than once on any motion or amendment before the Council except the mover of a substantive motion or amendment, in reply, or a member in raising a point of order, or in explanation.

9.6 Limitation of Duration of Speeches

All addresses are to be limited to a maximum of five minutes. Extension of time is permissible only with agreement of a simple majority of members present.

9.7 Members Not to Speak After Conclusion of Debate

No member of the Council or a committee is to speak to any question after it has been put by the person presiding.

9.8 Members Not to Interrupt

No member of the Council or a committee is to interrupt another member of the Council or committee whilst speaking unless-

(a) to raise a point of order;

(b) to call attention to the absence of a quorum;

(d) to move a motion under clause 11.1(e).

9.9 Re-Opening Discussion on Decisions

No member of the Council or a committee is to re-open discussion on any decision of the Council or committee, except for the purpose of moving that the decision be revoked or changed.

PART 10—PROCEDURES FOR DEBATE OF MOTIONS

10.1 Motions to be Stated

Any member of the Council or a committee who moves a substantive motion or amendment to a substantive motion is to state the substance of the motion before speaking to it.

10.2 Motions to be Supported

No substantive motion or amendment to a substantive motion is open to debate until it has been seconded, or, in the case of a motion to revoke or change the decision made at a Council or a committee meeting, unless the motion has the support required within the Regulations.

10.3 Unopposed Business

(1) Upon a motion being moved and seconded, the person presiding may ask the meeting if any member opposes it.

(2) If no member signifies opposition to the motion the person presiding will immediately put the motion to the vote.

10.4 Only One Substantive Motion Considered

When a substantive motion is under debate at any meeting of the Council or a committee, no further substantive motion is to be accepted.

10.5 Breaking Down of Complex Questions

The person presiding may order a complex question to be broken down and put in the form of several motions, which are to be put in sequence.

10.6 Order of Call in Debate

The person presiding is to call speakers to a substantive motion or amendment in the following order-

(a) The mover to speak to the motion;

(b) A speaker against the motion;

(d) A speaker against the motion;

(e) A speaker for the motion;

(f) Other speakers against and for the motion, alternating in view, if any;

(g) Mover takes right of reply, which closes debate.

10.7 Limit of Debate

The person presiding may offer the right of reply and put the motion to the vote if he or she believes sufficient discussion has taken place even though all members may not have spoken.

10.8 Member May Require Questions to be Read

Any member may require the question or matter under discussion to be read at any time during a debate, but not so as to interrupt any other member whilst speaking.

10.9 Consent of Seconder Required to Accept Alteration of Wording

The mover of a substantive motion may not alter the wording of the motion without the consent of the seconder.

10.10 Order of Amendments

An amendment may be proposed to a motion, but when an amendment is moved to a substantive motion, no second amendment is to be moved or considered until the first amendment has been withdrawn or lost.

10.11 Amendments Must Not Negate Original Motion

No amendment to a motion can be moved which negates the original motion or the intent of the original motion.

10.12 Mover of Motion May Speak on Amendment

On an amendment being moved, the mover of the substantive motion may speak to the amendment.

10.13 Substantive Motion

If an amendment to a substantive motion is carried, the motion as amended then becomes the substantive motion on which any member may speak and any further amendment may be moved, and for the purpose of further debate –

(a) the mover of the amendment which has been carried is deemed the mover of the new substantive motion and has a right of reply in accordance with clause 10.19; and

(b) the mover of the original motion loses the right of reply.

10.14 Withdrawal of Motion and Amendments

Council or a committee may, without debate, grant leave to withdraw a motion or amendment upon request of the mover of the motion or amendment and with the approval of the seconder provided that there is no voice expressed to the contrary view by any member, in which case discussion on the motion or amendment is to continue.

10.15 Limitation of Withdrawal

Where an amendment has been proposed to a substantive motion, the substantive motion is not to be withdrawn, except by consent of the original mover and seconder, until the amendment proposed has been withdrawn or lost.

10.16 Personal Explanation

No member is to speak at any meeting of the Council or a committee, except upon the matter before the Council or committee, unless it is to make a personal explanation. Any member of the Council or committee who is permitted to speak under these circumstances is to confine the observations to a succinct statement relating to comments made by the member in an earlier speech, which may have been misunderstood. When a member of the Council or committee rises to explain, no reference is to be made to matters unnecessary for that purpose.

10.17 Personal Explanation-When Heard

A member of the Council or a committee wishing to make a personal explanation of matters referred to by any member of the Council or committee then speaking, is entitled to be heard immediately, if the member of the Council or committee then speaking consents at the time, but if the member of the Council or committee who is speaking declines to give way, the explanation is to be offered at the conclusion of that speech.

10.18 Ruling on Questions of Personal Explanation

The ruling of the person presiding on the admissibility of a personal explanation is final unless a motion of dissent with the ruling is moved before any other business proceeds.

10.19 Right of Reply

(1) The mover of a substantive motion or amendment has the right of reply. After the mover of the substantive motion or amendment has commenced the reply, no other member is to speak on the question.

(2) The right of reply is to be confined to rebutting arguments raised by previous speakers and no new matter is to be introduced.

10.20 Right of Reply Provisions

The right of reply is governed by the following provisions-

(a) if no amendment is moved to the substantive motion, the mover may reply at the conclusion of the discussion on the motion;

(b) if an amendment is moved to the substantive motion the mover of the substantive motion is to take the right of reply at the conclusion of the vote on any lost amendment, subject to all members having exercised an opportunity to speak to the motion under clause 9.5;

(c) the mover of an amendment may exercise the right of reply. This does not negate the circumstances mentioned in clause 10.13;

(d) once the right of reply has been taken, there can be no further discussion on that motion and the original motion or the original motion as amended is immediately put to the vote.

PART 11—PROCEDURAL MOTIONS

11.1 Permissible Procedural Motions

In addition to proposing a properly worded amendment to a substantive motion, it is permissible for a member to move the following procedural motions-

(a) that the Council (or committee) proceed to the next business;

(b) that the question be adjourned;

(d) that the question be now put;

(e) that the member be no longer heard;

(f) that the ruling of the person presiding be disagreed with;

(g) that the Council (or committee) meet behind closed doors, if the meeting or part of the meeting to which the motion relates is a matter in respect of which the meeting may be closed to members of the public under section 5.23 of the Act.

11.2 No Debate on Procedural Motions

(1) The mover of a motion stated in each of paragraphs (a), (b), (c), (f) and (g) of clause 11.1 may speak to the motion for not more than five minutes, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

(2) A member may only move a motion stated in paragraph (d) of clause 11.1 after two speakers for and two speakers against the motion have been heard, inclusive of the mover and seconder. The mover may not speak to the motion, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

(3) The mover of a motion stated in paragraph (e) of Clause 11.1 may not speak to the motion, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

11.3 Procedural Motions - Closing Debate - Who May Move

No person, who has moved, seconded, or spoken for or against the substantive motion or any amendment, may move any procedural motion that if carried, would close the debate on the substantive motion or amendment.

11.4 Procedural Motions -Right of Reply on Substantive Motion

The carrying of a procedural motion which closes debate on the substantive motion or amendment and forces a decision on the substantive motion or amendment does not deny the right of reply to the mover of the substantive motion.

PART 12—EFFECT OF PROCEDURAL MOTIONS

12.1 Council (or Committee) to Proceed to the Next Business-Effect of Motion

The motion “that the Council (or committee) proceed to the next business”, if carried, causes the debate to cease immediately and for the Council (or committee) to move to the next business of the meeting. No decision will be made on the substantive motion being discussed. There is no requirement for the matter to again be raised for consideration.

12.2 Question to be Adjourned -Effect of Motion

(1) The motion 'that the question be adjourned', if carried, causes all debate on the substantive motion or amendment to cease but to continue at a time stated in the motion.

(2) If the motion is carried at a meeting of the Council-

(a) the names of members who have spoken on the matter are to be recorded in the minutes; and,

(b) the provisions of clause 9.5 apply when the debate is resumed.

12.3 Council (or Committee) to Now Adjourn-Effect of Motion

(1) The motion “that the Council (or committee) now adjourn”, if carried, causes the meeting to stand adjourned until it is re-opened at which time the meeting continues from the point at which it was adjourned, unless the person presiding or a simple majority of members upon a vote, determine otherwise.

(2) Where debate on a motion is interrupted by an adjournment under subclause (1)-

(a) the debate is to be resumed at the next meeting at the point where it was so interrupted; and

(b) in the case of a Council meeting-

(i) the names of members who have spoken on the matter prior to the adjournment are to be recorded in the minutes; and

(ii) the provisions of clause 9.5 apply when the debate is resumed.

12.4 Question to be Put-Effect of Motion

(1) The motion “that the question be now put” if carried during discussion of a substantive motion without amendment, causes the person presiding to offer the right of reply and then immediately put the matter under consideration without further debate.

(2) This motion, if carried during discussion of an amendment, causes the person presiding to put the amendment to the vote without further debate.

(3) This motion, if lost, causes debate to continue.

12.5 Member to be No Longer Heard -Effect of Motion

The motion 'that the member be no longer heard', if carried, causes the person presiding to not allow the speaker against whom the motion has been moved to speak to the current substantive motion or any amendment relating to it, except to exercise the right of reply if the person is the mover of the substantive motion.

12.6 Ruling of the Person Presiding Disagreed With -Effect of Motion

The motion 'that the ruling of the person presiding be disagreed with', if carried, causes the ruling of the person presiding about which this motion was moved, to have no effect and for the meeting to proceed accordingly.

12.7 Council (or Committee) to Meet Behind Closed Doors -Effect of Motion

(1) This motion, if carried, causes the general public and any officer or employee the Council or committee determines, to leave the room.

(2) While a decision made under this clause is in force the operation of clause 9.5 limiting the number of speeches a member of the Council may make, is suspended unless the Council decides otherwise.

(3) Upon the public again being admitted to the meeting the person presiding is to cause to be read out, in relation to decisions made by the Council or committee behind closed doors –

(a) the recommendation of the CEO or an employee as defined in section 5.70 of the Act in regard to a matter decided by the meeting;

(b) details of each motion moved at the meeting, the mover and outcome of the motion;

(d) reasons for each decision made at the meeting that is significantly different from the relevant recommendation of the CEO or an employee as defined in section 5.70 of the Act; and

(e) the names of members voting against a motion or decision.

(4) The matters to be read out under subclause (3) are to be recorded in the minutes of the meeting.

(5) A person who is a Council member, a committee member, or an employee is not to publish, or make public any of the discussion on a matter discussed behind closed doors. This prohibition does not extend to the actual decision made as a result of such discussion and other information properly recorded in the minutes of the meeting.

PART 13—MAKING DECISIONS

13.1 Question - Repeated before being Put

When the debate upon any question is concluded and the right of reply has been exercised, the person presiding shall immediately put the question to the Council or the committee, and, if so desired by any member of the Council or committee, shall again state the question.

13.2 Question -Method of Putting

If a decision of the Council or a committee is unclear or in doubt, the person presiding shall put the motion or amendment as often as necessary to determine the decision from a show of hands, before declaring the decision.

13.3 Recording of Councillors Voting Against A Motion

The names of councillors voting against a motion, amendment or procedural motion shall be recorded in the minutes.

PART 14—IMPLEMENTING DECISIONS

14.1 Implementation of a Decision

(1) If a notice of motion to revoke or change a decision of the Council or a committee is received before any action has been taken to implement that decision, then no steps are to be taken to implement or give effect to that decision until such time as the motion of revocation or change has been dealt with, except that-

(a) if a motion to revoke or change a decision of the Council or a committee is given during the same meeting at which the decision was made, the motion is of no effect unless the number of members required to support the motion as defined in the Regulations indicate their support for the motion at that meeting; and

(b) if a notice of motion to revoke or change a decision of the Council or a committee is received after the closure of the meeting at which the decision was made, implementation of the decision is not to be withheld unless the notice of motion has the support in writing, of the number of members required to support the motion as defined in the Regulations.

(2) Implementation of a decision is only to be withheld under sub-clause (1) if the effect of the change proposed in a notice of motion would be that the decision would be revoked or would become substantially different.

(3) The Council or a committee shall not vote on a motion to revoke or change a decision of the Council or committee whether the motion of revocation or change is moved with or without notice, if at the time the motion is moved or notice is given-

(a) action has been taken to implement the decision; or

(b) where the decision concerns the issue of an approval or the authorisation of a licence, permit or certificate, and where that approval or authorisation of a licence, permit or certificate has been put into effect by the Council in writing to the applicant or the applicant's agent by an employee of the Council authorised to do so;

without having considered a statement of impact prepared by or at the direction of the CEO of the legal and financial consequences of the proposed revocation or change.

PART 15—PRESERVING ORDER

15.1 The Person Presiding to Preserve Order

The person presiding is to preserve order, and may call any member or other person in attendance to order, whenever, in his or her opinion, there is cause for so doing.

15.2 Demand for Withdrawal

The person presiding may require a member at a meeting of the Council or a committee, or by a decision of the Council or committee, to apologize and unreservedly withdraw any expression that is considered to reflect offensively on another member or an employee. If the member declines or neglects to do so, the person presiding may refuse to hear the member further upon the matter then under discussion and call upon the next speaker.

15.3 Points of Order -When to Raise -Procedure

Upon a matter of order arising during the progress of a debate, any member may raise a point of order including interrupting the speaker. A member who is speaking when a point of order is raised, is to immediately stop speaking and be seated while the person presiding listens to the point of order.

15.4 Points of Order - When Valid

The following are to be recognised as valid points of order-

(a) that the discussion is of a matter not before the Council or committee;

(b) that offensive or insulting language is being used;

(c) drawing attention to the violation of any written law, policy or code of conduct prepared or adopted under section 5.103 of the Act, of the Local Government, provided that the member making the point of order states the written law, policy, or code of conduct believed to be breached.

15.5 Points Of Order - Ruling

The person presiding is to give a decision on any point of order that is raised, by either upholding or rejecting the point of order.

15.6 Points of Order-Ruling Conclusive, Unless Dissent Motion is Moved

The ruling of the person presiding upon any question of order is final, unless a majority of the members support a motion of dissent with the ruling.

15.7 Points of Order Take Precedence

Notwithstanding anything contained in these Standing Orders to the contrary, all points of order take precedence over any other discussion and until decided, suspend the consideration and decision of every other matter.

15.8 Precedence of Person Presiding

(1) When the person presiding rises during the progress of a debate, any member of the Council or committee then speaking, or offering to speak, is to immediately sit down. Every member of the Council or committee present shall preserve strict silence so that the person presiding may be heard without interruption.

(2) Subclause (1) is not to be used by the person presiding to exercise the right provided in clause 9.3, but to preserve order.

15.9 Right of the Person Presiding to Adjourn Without Explanation to Regain Order

(1) If a meeting ceases to operate in an orderly manner, the person presiding may use discretion to adjourn the meeting for a period of up to fifteen minutes without explanation, for the purpose of regaining order. Upon resumption, debate is to continue at the point at which the meeting was adjourned. If, at any one meeting, the person presiding has cause to further adjourn the meeting, such adjournment may be to a later time on the same day or to any other day.

(2) Where debate of a motion is interrupted by an adjournment under sub-clause (1), in the case of a Council meeting-

(a) the names of members who have spoken on the matter prior to the adjournment are to be recorded; and

(b) the provisions of clause 9.5 apply when the debate is resumed.

PART 16—ADJOURNMENT OF MEETING

16.1 Meeting May be Adjourned

The Council or a committee may decide to adjourn any meeting to a later time on the same day, or to any other day.

16.2 Limit to Moving Adjournment

No member is to move or second more than one motion of adjournment during the same sitting of the Council or committee.

16.3 Unopposed Business-Motion for Adjournment

On a motion for the adjournment of the Council or committee, the person presiding, before putting the motion, may seek leave of the Council or committee to proceed to the transaction of any unopposed business documented on the agenda.

16.4 Withdrawal of Motion for Adjournment

The mover, with the consent of the seconder may withdraw a motion or an amendment relating to the adjournment of the Council or a committee, except that if any member objects to the withdrawal, debate of the motion or amendment is to continue.

16.5 Time To Which Adjourned

The time to which a meeting is adjourned for want of a quorum by the person presiding to regain order, or by decision of the Council, may be to a specified hour on a particular day or to a time which coincides with the conclusion of another meeting or event on a particular day.

PART 17—COMMITTEES OF THE COUNCIL

17.1 Establishment and Appointment of Committees

A committee is not to be established except on a motion setting out the proposed functions of the committee and either-

(a) the names of the Council members, employees and other persons to be appointed to the committee; or

(b) the number of Council members, employees and other persons to be appointed to the committee and a provision that they be appointed by a separate motion.

17.2 Appointment of Deputy Committee Members

(1) The Council may appoint members as deputies to act on behalf of a member of a committee whenever a member is unable to be present at a meeting. Where deputies are so appointed they are to have seniority in the order determined by the Council.

(2) Where a member of a committee is unable to be present at a meeting of the committee, a deputy for that member selected according to seniority is entitled to attend that meeting in place of the member and to act for the member and while so acting has all the powers of that member.

17.3 Reports of Committees - Questions

When the Council receives a recommendation for adoption from any committee, any member of the Council may direct questions directly relating to the recommendation through the person presiding to a delegate of the Council to that committee or, in the case of a committee of the Council, to the presiding member or any member of the committee in attendance.

17.4 Permissible Motions on Recommendation From Committee

The Council with or without amendment or modification may adopt a recommendation made by or contained in the minutes of a committee meeting, failing which, it may be-

(a) rejected by the Council and replaced by an alternative decision; or

(b) amended or modified and adopted with such amendment or modification; or

17.5 Standing Orders Apply to Committees

(1) Where not otherwise specifically provided, these Standing Orders apply to the proceedings of committees and generally to briefing sessions, except that the following Standing Orders do not apply to the meeting of a committee or briefing sessions-

(a) clause 8.2, in regard to seating;

(b) clause 9.1, in respect of the requirement to rise;

(d) clause 10.6, order of call in debate.

(1) The person presiding at a committee meeting or briefing session may, at his or her discretion, apply one or all of the provisions contained in clauses 8.2, 9.1, 9.5 and 10.6 of these Standing Orders as the occasion may require.

PART 18—MEETING TO HEAR PUBLIC SUBMISSIONS

18.1 Council may meet to hear public submissions

(1) Where an item on the agenda at a Council meeting is contentious and is likely be the subject of a number of deputations, the Council may resolve to meet at another time to provide a greater opportunity to be heard.

(2) Where a resolution is made under subclause (1), the CEO and the President shall set the time and date of the meeting to provide the opportunity to be heard.

(3) Where the Council resolves to meet to provide the opportunity to be heard under subclause (1), the Presiding Member shall–

(a) instruct the CEO to provide local public notice of the time and date when the Council will meet to provide an opportunity to be heard;

(b) provide a written invitation to attend the meeting to provide the opportunity to be heard to all members of the public who have applied under clause 3.5 to make a deputation on the issue; and

(4) A meeting held under subclause (1) shall be conducted only to hear submissions. The Council shall not make resolutions at a meeting to provide the opportunity to be heard.

(5) At a meeting held under subclause (1), each person making a submission shall be provided with the opportunity to fully state his or her case.

(6) A member of the public shall be limited to 10 minutes in making an oral submission, but this period may be extended at the discretion of the Presiding Member.

(7) Once every member of the public has had the opportunity to make a submission the Presiding Member is to close the meeting.

(8) The CEO is to ensure that a report is included on the agenda of the next Council meeting summarising each submission made at the meeting.

(9) The Council must not resolve on the matter that is the subject of a meeting to provide the opportunity to be heard until it has received the CEO’s report under subclause (8).

PART 19—ADMINISTRATIVE MATTERS

19.1 Suspension of Standing Orders

(1) The Council or committee may decide, by simple majority vote, to suspend temporarily one or more of the Standing Orders.

(2) The mover of a motion to suspend temporarily any one or more of the Standing Orders is to state the clause or clauses to be suspended and the purpose of the suspension.

(3) The clause or clauses suspended remain so until a motion reapplying the Standing Order clause or clauses is carried, by a simple majority vote. In any event, such suspension will only remain in force until the end of the Council or committee meeting to which the suspension clause applied.

19.2 Cases not Provided for in Standing Orders

The person presiding is to decide questions of order, procedure, debate, or otherwise in cases where these Standing Orders and the Act and Regulations are silent. The decision of the person presiding in these cases is final, except where a motion is moved and carried under clause 11.1 (f).

PART 20—COMMON SEAL

20.1 The Council's Common Seal

(1) The CEO is to have charge of the common seal of the Local Government and is responsible for the safe custody and proper use of it.

(2) The common seal of the Local Government may only be used on the authority of the Council given either generally or specifically. The President and the CEO, or a senior employee authorised by him or her must sign every document to which the seal is affixed.

(3) The common seal of the Local Government is to be affixed to any local law that is made by the Local Government.

(4) The CEO is to record in a register each date on which the common seal of the Local Government was affixed to a document, the nature of the document, and the parties to any agreement to which the common seal was affixed.

(5) Any person who uses the common seal of the Local Government or a replica thereof without authority commits an offence.

PART 21—BRIEFINGS AND OTHER INFORMAL MEETINGS

(a)

21.1 Briefings and other informal meetings

(1) The Council may conduct briefings, workshops and other informal meetings.

(2) Where the Council conducts briefings, workshops and other informal meetings, the CEO–

(a) is to advise all Members of the time, date and place of the meeting; and

(b) may request notes of the meeting to be kept.

(3) A member who has an interest in a matter to be discussed at a briefing, workshop or other informal meeting is to deal with the interest in accordance with the provisions of Part 5 of these Standing Orders.

(4) The Council is not to make a formal resolution at any meeting other than at a Council Meeting or at a meeting of a committee which has delegated authority to do so.

(5) The Council is not to meet except at–

(a) a Council or committee meeting;

(b) a briefing, workshop or informal meeting under this clause; or

PART 22—PENALTIES

22.1 Penalties

(1) The maximum penalty in respect of an offence involving a breach of this Local Law shall be $5,000.

(2) Subject to subclause (1), any person who commits a first offence under this Local Law shall be subject to a minimum penalty of $100 and a maximum penalty of $1,000.

(3) A minimum penalty referred to in subclause (2) shall increase in severity by 100% for each successive breach of the same provision by the same offender but shall not in any event exceed the maximum provided in subclause (1).

————

Dated this day of 2015

The Common Seal of the Shire of Esperance was hereunto affixed by the authority of a resolution of the Council in the presence of –

M. HEASMAN, Shire President

W.M. SCOTT, Chief Executive Officer

Item: 12.6.1

Attachment d.: Appendix D - Shire of Esperance Cats Local Law 2015 (Draft)

APPENDIX D

Shire of Esperance

CATS LOCAL LAW 2015

CAT ACT 2011

CATS LOCAL LAW 2015

CONTENTS

PART 1 – PRELIMINARY

1.1 Citation

1.2 Commencement

1.3 Application

1.4 Definitions

PART 2 – PERMITS FOR KEEPING CATS

2.1 Interpretation

2.2 Cat for which a permit is required

2.3 Application for permit

2.4 Refusal to determine application

2.5 Factors relevant to determination of application

2.6 Decision on application

2.7 Conditions

2.8 Duration of permit

2.9 Revocation

2.10 Permit not transferable

2.11 Permit to be kept at the premises and available for view

PART 3 – MISCELLANEOUS

3.1 Giving of a notice

PART 4 – OBJECTIONS AND APPEALS

4.1 Objection and appeal rights

PART 5 – OFFENCES, DEFENCE AND PENALTIES

5.1 Offences

5.2 Prescribed offences

5.3 Forms

SCHEDULE 1 – ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS FOR MULTIPLE DWELLINGS

A. Permit to keep more than prescribed number of cats

B. Permit to use premises as a cattery

SCHEDULE 2 – APPLICATION FOR A PERMIT TO KEEP CATS

Applicaton for a Permit to Keep Cats

SCHEDULE 3 – MODIFIED PENALTIES

Table 1 Modified Penalties

LOCAL GOVERNMENT ACT 1995

CAT ACT 2011

SHIRE OF ESPERANCE

CATS LOCAL LAW 2015

Under the powers conferred by the Cat Act 2011 and the Local Government Act 1995and under all other powers enabling it, the Shire of Esperance resolved on 2015 to make the following local law.

PART 1—PRELIMINARY

1.1 Citation

This local law may be cited as the Shire of Esperance Cats Local Law 2015.

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in the Government Gazette.

1.3 Application

This local law applies throughout the district.

1.4 Definitions

In this local law unless the context otherwise requires —

“Act” means the Cat Act 2011;

“applicant “ means the occupier of the premises who makes an application for a permit under this local law;

“authorised person” means a person appointed by the local government to perform the functions conferred on an authorised person under this local law;

“cat” means an animal of the species felis catus or a hybrid of that species;

“cat management facility” means —

(a) a facility operated by a local government that is, or may be, used for keeping cats; or

(b) a facility for keeping cats that is operated by a person or bodyprescribed; or

“cattery” means any premises where more than 3 cats are boarded, housed or trained temporarily, usually for profit, and where the occupier of the premises is not the ordinary keeper of the cats;

“CEO” means the Chief Executive Officer of the local government;

“Council” means the Council of the local government;

“district” means the district of the local government;

“effective control” in relation to a cat means any of the following methods —

(a) held by a person who is capable of controlling the cat;

(b) securely tethered;

(d) any other means of preventing escape.

“Grouped dwelling” (commonly referred to as a duplexes villas or townhouses) means a dwelling that is one of a group of two or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above the other, except where special conditions of landscape or topography dictate otherwise, and includes a dwelling on a survey strata with common property.

“local government” means the local government;

“multiple dwelling” (often called flats, apartments or units) means a dwelling in a group of more than one dwelling on a lot where any part of a dwelling is vertically above part of any other but —

· does not include a grouped dwelling; and

· includes any dwellings above the ground floor in a mixed use development.

“nuisance” means behaviour that includes where a cat —

(a) excretes or urinates on premises being premises where the cat is not normally resident;

(b) an activity or condition which is harmful or annoying and which gives rise to legal liability in the tort of public or private nuisance at law;

(d) interference which causes material damage to land or other property on the land affected by the interference; or

(e) is, or is likely to be, injurious or dangerous to the health of any person or domestic or Australian indigenous animal.

“owner” in relation to a cat means any of the following persons —

(a) the owner of the cat as defined in the Act;

(b) a person by whom the cat is ordinarily kept;

(d) a person who keeps the cat, or has the cat in her or his possession forthe time being;

(e) a person who occupies any premises in which a cat is ordinarily keptor ordinarily permitted to live; or

(f) a permit holder of a permit which relates to the cat;

(g) the holder of an exemption issued in relation to the cat.

“permit” means a permit issued by the Local government under clause 2.6;

“permit holder” means a person who holds a valid permit under clause 2.6;

“premises” includes the following —

(a) land (whether or not vacant);

(b) the whole or part of a building or structure (whether of a permanent or temporary nature); and

“public place” includes any place to which the public lawfully has access;

“RSPCA” means the Royal Society for the Prevention of Cruelty to Animals (Inc)

of Western Australia;

“Schedule” means a schedule to this local law;

“Scheme” means a local planning scheme of the local government made by it under the Planning and Development Act 2005 and its antecedents; and

“single dwelling” means a house that stands alone on its own parcel of land.

PART 2—PERMITS FOR KEEPING CATS

2.1 Interpretation

In this Part, and for the purposes of applying the definition of “cattery” in Part 3— cat does not include a cat less than 3 months old.

2.2 Cats for which a permit is required

(1) Subject to clause 2.2(2) a person is required to have a permit —

(a) to keep more than 3 cats on any single dwelling or grouped dwelling

(a) premises to a maximum of six (6);

(b) to keep more than 2 cats on any multiple dwelling property to a maximum of

(d) to use any premises as a cattery.

(2) A permit is not required under clause 2.2(1) if the premises concerned are —

(a) a refuge of the RSPCA or any other animal welfare organisation;

(b) a cat management facility which has been approved by the local government;

(d) a pet shop;

2.3 Application for permit

An application for a permit under clause 2.2 shall be —

(a) made in writing by an occupier of premises in relation to those premises;

(b) on the form contained in Schedule 2, describing and specifying the number of cats to be kept on the premises;

(d) accompanied by the plans of the premises to which the application relates to the specification and satisfaction of the local government;

(e) accompanied by the consent in writing of the owner of the premises, where the occupier is not the owner of the premises to which the application relates;

(f) accompanied by the application fee for the permit determined by the local government from time to time.

2.4 Refusal to determine application

The local government may refuse to determine an application for a permit if it is not made in accordance with clause 2.3.

2.5 Factors relevant to determination of application

(1) In determining an application for a permit the local government may have regard to —

(a) the reasons and justification provided for the request;

(b) the physical suitability of the premises for the proposed use;

(d) the environmental sensitivity and general nature of the location surrounding the premises for the proposed use;

(e) the structural suitability of any enclosure in which any cat is to be kept;

(f) the likelihood of a cat causing a nuisance, inconvenience or annoyance to the occupiers of adjoining land;

(g) the likely effect on the amenity of the surrounding area of the proposed use;

(h) the likely effect on the local environment, including any pollution or other environment damage which may be caused by the use;

(i) any submissions received under clause 2.5(2) within the time specified in clause 2.5(2); and

(j) such other factors which the local government may consider to be relevant in the circumstances of the particular case.

(2) The local government may require an applicant to —

(a) consult with other nearby landowners; and

(b) advise other adjoining landowners that they may make submissions to the local government on the application for the permit within 14 days of receiving that advice, before determining the application for the permit.

(3) The local government may specify the extent of the consultation with nearby residents, as specified in clause 2.5(2)(a) and may specify which properties should be consulted.

2.6 Decision on application

(1) The local government may —

(a) approve an application for a permit, as it was submitted, in which case it shall approve it subject to the conditions in clause 2.7 and may approve it subject to any other conditions it considers fit;

(b) approve an application, but specify an alternative number of cats permitted to be housed at the address; or

(2) If the local government approves an application under subclause (1), then it shall issue to the applicant a permit in the form determined by the CEO.

(3) If the local government refuses to approve an application under subclause (1), then it shall advise the applicant accordingly in writing.

2.7 Conditions

(1) Every permit is issued subject to the following conditions —

(a) each cat kept on the premises to which the permit relates shall comply with the requirements of the Act;

(b) each cat shall be contained on the premises unless under the effective control of a person;

(d) the premises shall be maintained in good order and in a clean and sanitary condition; and

(e) those conditions contained in Schedule 1.

(2) In addition to the conditions subject to which a permit is to be issued under this clause, a permit may be issued subject to other conditions, as the local government considers appropriate.

(3) The permit holder who fails to comply with a condition of a permit commits an Offence.

2.8 Duration of permit

Unless otherwise specified, in a condition on a permit, a permit commences on the date of issue and is valid for a period of 12 months from the date of issue unless and until —

(a) it is revoked; or

(b) the permit holder ceases to reside at the premises to which the permit relates.

2.9 Revocation

The local government may revoke a permit if the permit holder fails to observe any provision of this local law or a condition of a permit.

2.10 Permit not transferable

A permit is not transferable either in relation to the permit holder or the premises.

2.11 Permit to be kept at the premises and available for view

A permit issued by the local government shall be kept at the premises to which it applies and shall be provided to an authorised person on demand. In the case of a registered cattery, the permit shall be displayed in a prominent place within the premises.

PART 3—MISCELLANEOUS

3.1 Giving of a notice

A notice given under this local law may be given to a person —

(a) personally;

(b) by registered mail addressed to the person; or

PART 4—OBJECTIONS AND APPEALS

4.1 Objection and appeal rights

Any person who is aggrieved by the conditions imposed in relation to a permit, the revocation of a permit, or by the refusal of the local government to grant a permit may object to or appeal against the decision under Division 1 of Part 9 of the Local Government Act 1995.

PART 5—OFFENCES, DEFENCE AND PENALTIES

5.1 Offences

(1) Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

(2) A person who commits an offence under this local law is liable on conviction to a penalty not exceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued.

5.2 Prescribed offences

An offence against a clause specified in Schedule 3 is a prescribed offence for the purposes of section 84 of the Act. The amount appearing directly opposite each such offence is the modified penalty in relation to that offence.

5.3 Forms

(1) The issue of infringement notices, their withdrawal and the payment of modified penalties are dealt with in Division 4 of Part 4 of the Act.

(2) An infringement notice given under section 62 of the Act is to be in the form of Form 6 of Schedule 1 of the Cat Regulations 2012.

(3) A notice sent under section 65 of the Act withdrawing an infringement notice is to be in the form of Form 7 of Schedule 1 of the Cat Regulations 2012.

Schedule 1

ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR PERMITS FOR

MULTIPLE DWELLINGS

[Clause 2.7 and Clause 5.3]

A. Permit to keep more than prescribed number of cats

Additional conditions

(1) The written consent to the application for a permit of the adjoining multiple dwellings on the same level has been obtained;

(2) Without the consent of the local government, the permit holder will not substitute or replace any cat once that cat—

(a) dies;

(b) is permanently removed from the premises.

B. Permit to use premises as a cattery

Additional conditions

(1) All building enclosures must be structurally sound, have impervious flooring, be well lit and ventilated and otherwise comply with all legislative requirements.

(2) There is to be a feed room, wash area, isolation cages and maternity section.

(3) Materials used in structures are to be approved by the local government.

(4) The internal surfaces of walls are, where possible, to be smooth, free from cracks, crevices and other defects.

(5) All fixtures, fittings and appliances are to be capable of being easily cleaned, resistant to corrosion and constructed to prevent the harbourage of vermin.

(6) Wash basin with the minimum of cold water to be available.

(7) The maximum number of cats to be kept on the premises stated on the permit is not to be exceeded.

(8) An entry book is to be kept recording in respect of each cat the—

(a) date of admission;

(b) date of departure;

(d) the name and residential address of the keeper;

(9) The entry book is to be made available for inspection on the request of an authorised person.

(10) Enclosures are to be thoroughly cleaned each day and disinfected at least once a week to minimise disease.

(11) No sick or ailing cat to be kept on the premises.

(12) Any other matter which in the opinion of the local government is deemed necessary for the health and wellbeing of any cat, or person, or adjoining premises or the amenity of the area (or any part thereof).

Schedule 2

APPLICATION FOR A PERMIT TO KEEP CATS

[Clause 2.2]

SHIRE OF ESPERANCE CAT LOCAL LAW 2015

Application for a PERMIT TO KEEP CATS

I/we (full name) ......................................................................................................................................................................

of (postal address) .................................................................................................................................................................

(telephone number) ...............................................................................................................................................................

(facsimile number) ..................................................... (E–mail address) .........................................................................

Apply for a permit to keep cats at (address of premises) .........................................................................................

........................................................................................................................................................................................................

For (number and breed of cats) ........................................................................................................................................

(insert name of person) ............................................................ will be residing at the premises on and from (insert date) ...........................................

The application shall be –

(a) accompanied by a brief reason and justification for the request;

(b) accompanied by the plans of the premises to which the application relates to the specification and satisfaction of the local government;

(c) accompanied by the consent in writing of the owner of the premises, where the occupier is not the owner of the premises to which the application relates; and

(d) accompanied by the application fee for the permit determined by the local government from time to time.

Signature of applicant .............................................................................................

Date .............................................................................................................................

Note: a licence if issued will have effect for a period of 12 months – Clause 2.8 of the Cat Local Law 2015.

OFFICE USE ONLY

Application fee paid on [insert date].

Schedule 3

MODIFIED PENALTIES

[Clause 5.2]

Item	Clause	Offence	Modified Penalty
1	2.2(1)(a) & (b)	Keeping more than prescribed number of cats without a permit	$250
2	2.2(1)(c)	Keeping a cattery without a permit	$350
3	2.7(3)	Failure to comply with permit condition	$250

————

Dated this day of 2015

The Common Seal of the Shire of Esperance was hereto affixed by the authority of a resolution of the Council in the presence of —

M HEASMAN, Shire President

W.M SCOTT, Chief Executive Officer

Item: 12.6.5

Attachment f.: Minutes - GVROC - 30 January 2015

Council Meeting

Friday 30 January 2015

In-Person Meeting

Shire of Esperance Civic Centre

MINUTES

CONTENTS

1. GUEST SPEAKERS/PRESENTATIONS. 4

1.1 Presentation by representatives from Kott Gunning Lawyers – “Staying out of trouble with the CCC” 4

2. OPENING AND ANNOUNCEMENTS. 4

3. DECLARATION OF INTEREST. 4

4. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE. 5

4.1 Attendance. 5

4.2 Apologies. 5

4.3 Guests. 5

4.4 WALGA Representative. 6

5. MINUTES OF MEETINGS. 7

5.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Friday 6 November 2014 (Attachment) 7

5.2 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Friday 28 November 2014 (Attachment) 7

5.3 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 5 December 2014 (Attachment) 7

5.4 Business Arising from Meetings of the Goldfields Voluntary Regional Organisation of Councils (GVROC) - GVROC Status Report as at 21 January 2015 (Attachment) 8

5.5 Matters for Noting (Attachments) 8

6. GVROC FINANCE. 9

6.1 Statement of Financial Position for the Period Ending 31 December 2014 (Attachment) 9

6.2 List of GVROC Accounts Paid. 10

6.3 Audited Financial Statement for Year Ending 30 June 2014 (Attachments) 11

7. GOLDFIELDS RECORDS STORAGE FACILITY - FINANCE AND OTHER MATTERS. 12

7.1 Financial Statement for the Period ending 31 December 2013 (Attachment) 12

7.2 Progress Report for Goldfields Records Storage Facility for the Period Ending 31 December 2014 13

7.3 Acquittal of the Regional Country Local Government Fund for the Goldfields Records Storage Facility – Possible Requirement to a Portion of the Allocated CLGF Funds. 14

8. GVROC BUSINESS. 16

8.1 GVROC Regional Equipment Pool 16

8.2 Animal Welfare Issues across the Goldfields Esperance Region. 17

8.3 State Funding for Local Government Roads. 18

8.4 GVROC Meeting Dates 2015. 20

8.5 Local Government Membership to the Goldfields District Emergency Management Committee 24

8.6 Esperance Region Economic Development Strategy. 25

8.7 Letters of Support for Funding Applications. 26

8.8 LGIS Regional Risk Coordinator Programme - Request for Expression of Interest 28

8.9 Fuel Tax Credits. 29

8.10 Preparation of a Submission Detailing the Negative Impact of State Government Policy on Town Development across the Goldfields Esperance Region. 30

8.11 GRV Rating of Mining Interests. 32

8.12 Review of the GVROC MOU. 35

8.13 Country Local Government Reform.. 36

8.14 WALGA’s Street Lighting Discussion Paper 37

8.15 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – GVROC Solar PV Project and the GVROC LED Streetlight Project 38

9. DISCUSSIONS WITH MEMBERS OF PARLIAMENT. 40

10. REPRESENTIVE REPORTS. 40

10.1 WA Local Government Association. 40

11. LATE ITEMS as notified, introduced by decision of the Meeting. 40

11.1 Closure of Bureau of Meteorology Weather Station – Shire of Laverton. 40

12. FUTURE MEETINGS. 40

13. CLOSURE OF MEETING.. 40

Goldfields Voluntary Regional Organisation of Councils (GVROC)

An in-person meeting of the GVROC Council held Friday 30 January 2015 commencing at 10.37am

A number of the region’s parliamentary representatives, both at State and Federal level, attended the meeting as guests of GVROC.

MINUTES

1. GUEST SPEAKERS/PRESENTATIONS

1.1 Presentation by representatives from Kott Gunning Lawyers – “Staying out of trouble with the CCC”

Late last year the Executive Officer received an email from Philip Mavor, Senior Associate with law firm Kott Gunning, enquiring about making a presentation to GVROC’s Member Councils on “Staying out of trouble with the CCC”.

Following a discussion with the GVROC CEO it was agreed that the Executive Officer should extend an invitation to representatives from Kott Gunning to make a presentation to GVROC at the meeting scheduled for Friday 30 January 2015.

Mr Philip Mavor and Mr Brenton Oakley from Kott Gunning will present on “Staying out of trouble with the CCC”.

The presentation looks at what is meant by ‘misconduct’ and ‘public officer’ under the Corruption and Crime Commission Act 2003 (giving examples), and who must, and who may, report suspected misconduct. The presentation will also include a discussion on the financial interest provisions of the Local Government Act 1995 and sum up with a section called “how to stay out of trouble” giving suggestions how local government employees, officers, and members of Council can prevent falling foul of the CCC.

The presentation took place prior to the commencement of the GVROC Council Meeting.

2. OPENING AND ANNOUNCEMENTS

The purpose of the meeting is to discuss business related to the activities of the Goldfields Voluntary Regional Organisation of Councils.

In opening the meeting at 10.37am the Chair welcomed everyone in attendance, thanking the Shire of Esperance for its hospitality.

3. DECLARATION OF INTEREST

Pursuant to the Code of Conduct, Councillors and CEOs must declare to the Chairman any potential conflict of interest they may have in a matter before the Goldfields Voluntary Regional Organisation of Councils and Goldfields Esperance Country Zone of WALGA as soon as they become aware of it. Councillors, CEOs and Deputies may be directly or indirectly associated with some recommendations of the Goldfields Voluntary Regional Organisation of Councils and the Goldfields Esperance Country Zone of WALGA and the WALGA State Council. If you are affected by these recommendations, please excuse yourself from the meeting and do not participate in deliberations.

4. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

4.1 Attendance

Mayor Ron Yuryevich (Chair) Mayor, City of Kalgoorlie-Boulder

Cr Suzie Williams Councillor, City of Kalgoorlie-Boulder

Mr Don Burnett CEO, City of Kalgoorlie-Boulder

Cr Mal Cullen President, Shire of Coolgardie

Cr Tracey Rathbone Deputy President, Shire of Coolgardie

Mr Paul Webb CEO, Shire of Coolgardie

Cr Jacquie Best Deputy President, Shire of Dundas

Mr Richard Brookes CEO, Shire of Dundas

Cr Malcolm Heasman President, Shire of Esperance

Cr Victoria Brown Deputy President, Shire of Esperance

Cr Beverley Stewart Councillor, Shire of Esperance

Cr Rob Horan Councillor, Shire of Esperance

Mr Matthew Scott CEO, Shire of Esperance

Cr Patrick Hill President, Shire of Laverton (entered meeting at 9.25am)

Mr Graham Stanley A/CEO Shire of Laverton (entered meeting at 9.25am)

Cr Peter Craig President, Shire of Leonora

Ms Tanya Browning A/CEO, Shire of Leonora

Cr Greg Dwyer President, Shire of Menzies

Cr Jill Dwyer Councillor, Shire of Menzies

Ms Karen Oborn A/CEO, Shire of Menzies

Cr Ian Goldfinch President, Shire Ravensthorpe

Cr Ken Norman Councillor, Shire of Ravensthorpe

Mr Ian Fitzgerald CEO, Shire of Ravensthorpe

Cr Jim Quadrio President, Shire of Wiluna

Ms Helen Westcott, Joint Executive Officer

Mr Bruce Wittber, Joint Executive Officer

4.2 Apologies

Hon Ken Baston MLC, Minster for Agriculture and Fisheries and Member for Mining and Pastoral Region

Hon Tony Simpson MLA, Minister for Local Government and Communities

Hon Jacqui Boydell MLC, Member for Mining and Pastoral Region

Hon Robin Chappell MLC, Member for Mining and Pastoral Region

Cr Rob Wedge, Deputy President Shire of Laverton

Cr Beatrice Fuamatu, Shire of Laverton

Mr Steve Deckert, CEO Shire of Laverton

Mr Jim Epis, CEO Shire of Leonora

Cr Graham Harris, Deputy President, Shire of Wiluna

4.3 Guests

Ms Wendy Duncan MLA, Member for Kalgoorlie

Dr Graham Jacobs MLA, Member for Eyre

Hon Stephen Dawson MLC, Member for Mining and Pastoral Region

Hon Dave Grills MLC, Member for Mining and Pastoral Region

Mr Rex Drabik, Research Officer (Dave Grills)

Mr Rick Wilson MP, Member for O’Connor

Ms Jamila Savoy, Media Officer (Rick Wilson)

Mr Tony Crook, Chair Goldfields Esperance Development Commission

Mr Shayne Flanagan, CEO Goldfields Esperance Development Commission

Mr Philip Mavor, Senior Associate, Kott Gunning Lawyers

Mr Brenton Oakley, Consultant, Kott Gunning Lawyers

4.4 WALGA Representative

Ms Joanne Burges Regional Cooperation Manager WALGA

5. MINUTES OF MEETINGS

5.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Friday 6 November 2014 (Attachment)

Minutes of the GVROC Council Meeting held Friday 6 November 2014 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the GVROC Council Meeting held Friday 6 November 2014 be confirmed as a true and correct record of proceedings.

EN BLOC

RESOLUTION: Moved: Cr Cullen Seconded: Cr Goldfinch

That the Minutes of the GVROC Council Meeting held Friday 6 November 2014 be confirmed as a true and correct record of proceedings.

CARRIED

5.2 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Friday 28 November 2014 (Attachment)

Minutes of the GVROC Council Meeting held Friday 28 November 2014 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the GVROC Council Meeting held Friday 28 November 2014 be confirmed as a true and correct record of proceedings.

EN BLOC

RESOLUTION: Moved: Cr Cullen Seconded: Cr Goldfinch

That the Minutes of the GVROC Council Meeting held Friday 28 November 2014 be confirmed as a true and correct record of proceedings, subject to including Cr Ken Norman Shire of Ravensthorpe as being in attendance.

CARRIED

5.3 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 5 December 2014 (Attachment)

Minutes of the GVROC Technical Officers Working Group Meeting held Friday 5 December 2014 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the Meeting of the GVROC Technical Officers Working Group held Friday 5 December 2014 be received.

EN BLOC

RESOLUTION: Moved: Cr Cullen Seconded: Cr Goldfinch

That the Minutes of the Meeting of the GVROC Technical Officers Working Group held Friday 5 December 2014 be received.

CARRIED

5.4 Business Arising from Meetings of the Goldfields Voluntary Regional Organisation of Councils (GVROC) - GVROC Status Report as at 21 January 2015 (Attachment)

RECOMMENDATION:

That the GVROC Status Report as presented be received.

RESOLUTION: Moved: Cr Hill Seconded: Cr Cullen

That the GVROC Status Report as presented be received.

CARRIED

5.5 Matters for Noting (Attachments)

The following papers are presented for noting:

§ Minutes from the Goldfields Esperance District Emergency Management Committee Meeting held Tuesday 9 December 2014;

§ Goldfields Esperance District Emergency Management Committee Contact List as at December 2014; and

§ Minister for Food and Agriculture's media release re the new cactus declarations (also silverleaf nightshade).

RECOMMENDATION:

That the papers detailed in Item 5.5 be noted.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Dwyer

That the

1. papers detailed in Item 5.5 be noted; and

2. Hon Ken Baston MLC, Minister for Agriculture and Food, be invited to the next GVROC in-person meeting to follow up the discussion in regard to cactus.

CARRIED

RESOLUTION: Moved: Cr Hill Seconded: Cr Quadrio

That in the event that the Minister for Agriculture and Food is available to attend the next GVROC in person meeting that a representative of the Goldfields, Nullarbor and Rangelands Biosecurity Association be also invited to attend.

CARRIED

6. GVROC FINANCE

6.1 Statement of Financial Position for the Period Ending 31 December 2014 (Attachment)

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 18 January 2015

Attachments: GVROC Statement of Financial Position as at 31 December 2014

Presenting the unaudited financial statement for the period 1 July 2014 to 31 December 2014

Executive Officer Comment:

The Executive Officer provides the following comment:

1. Account 501 - Members subscriptions – all paid;

2. Account 502 – Members subscriptions Goldfields District Display – see previous note

3. Account 512 - Project General Contributions;

4. Account 515 - DLG Grant Asset Management – these funds have been transferred from the City of Kalgoorlie-Boulder – the second instalment has been received by the City and will be transferred in due course;

5. Account 1836 – Sponsorship Goldfields District Display – expenditure to assist the preparation of the Royal Show District Display; and

6. Account 1848 – DLG Asset Management Business Case – this project is being managed by the City of Kalgoorlie-Boulder and the payment is a reimbursement of expenses incurred by the City in undertaking the project.

RECOMMENDATION:

That the Statement of Financial Position for the period ending 31 December 2014, as attached, be received.

EN BLOC

RESOLUTION: Moved: Cr Rathbone Seconded: Cr Williams

That the Statement of Financial Position for the period ending 31 December 2014, as attached, be received.

CARRIED

6.2 List of GVROC Accounts Paid

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 18 January 2015

Executive Officer Comment:

GVROC accounts paid during the period 1 November 2014 to 16 January 2015

Accounts Paid:

Cheque	Date	Payee	For	Amount incl GST
EFT	171114	Australian Taxation Office	September 2014 BAS	9,934.00
EFT	111114	Up to Date Accounting	Accounting Services – October 2014	316.80
EFT	101214	Up to Date Accounting	Accounting Services – November 2014	79.20
EFT	050115	BHW Consulting	Professional Services June 2014, Reimbursement Travel and Accommodation, Dinner Cost Reimbursement	9,627.94
EFT	060115	AMD Accountants	2013/2014 Audit	2,640.00
EFT	060115	Eastern Goldfields Miners Memorial	Contribution to Miners Memorial	15,330.00
TOTAL $37,927.94

RECOMMENDATION:

That the GVROC accounts paid for the period 1 November 2014 to 16 January 2015 totalling $37,927.94 be approved.

EN BLOC

RESOLUTION: Moved: Cr Rathbone Seconded: Cr Williams

That the Statement of Financial Position for the period ending 31 December 2014, as attached, be received.

CARRIED

6.3 Audited Financial Statement for Year Ending 30 June 2014 (Attachments)

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 22 January 2015

Attachments: Audited Financial Statement, Audit Report and Management Report for the period 1 July 2013 to 30 June 2014

Background:

Presenting the Audited Financial Statement, Audit Report and Management Report for the period 1 July 2013 to 30 June 2014

Executive Officer Comment:

The Audit Report and Management Report contain no findings that need to be brought to the attention of GVROC’s Member Councils.

RECOMMENDATION:

That the Audited Financial Statement, Audit Report and Management Report for the period 1 July 2013 to 30 June 2014, as attached, be received.

EN BLOC

RESOLUTION: Moved: Cr Rathbone Seconded: Cr Williams

That the Audited Financial Statement, Audit Report and Management Report for the period 1 July 2013 to 30 June 2014, as attached, be received.

CARRIED

7. GOLDFIELDS RECORDS STORAGE FACILITY - FINANCE AND OTHER MATTERS

7.1 Financial Statement for the Period ending 31 December 2013 (Attachment)

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Yvette Hargreaves, Manager Goldfields Records Storage Facility

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 8 January 2015

Attachments: Unaudited financial statement for the period ending 31 December 2014

Executive Officer Comment:

Nil

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the Statement of Financial Position for the period ending 31 December 2014, as attached, be received.

EN BLOC

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Cullen

That the Statement of Financial Position for the period ending 31 December 2014, as attached, be received.

CARRIED

7.2 Progress Report for Goldfields Records Storage Facility for the Period Ending 31 December 2014

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Yvette Hargreaves, Manager Goldfields Records Storage Facility

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 8 January 2015

Attachments: Update on the Goldfields Records Storage Facility’s Operations for the period ending 31 December 2014

Monthly Income Chart January-December 2014

Background:

An update on the Goldfields Records Storage Facility’s operations has been provided by Ms Yvette Hargreaves, the Facility’s Manager. It forms an attachment to the meeting agenda. A monthly income chart for the period January-December 2014 also forms an attachment to the meeting agenda.

Executive Officer Comment:

No further comment required.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the update on the operations of the Goldfields Records Storage Facility for the period ending 31 December 2014 be noted.

EN BLOC

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Cullen

That the update on the operations of the Goldfields Records Storage Facility for the period ending 31 December 2014 be noted.

CARRIED

7.3 Acquittal of the Regional Country Local Government Fund for the Goldfields Records Storage Facility – Possible Requirement to a Portion of the Allocated CLGF Funds

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 23 January 2015

Attachments: Nil

Background:

In submitting the second acquittal document for the Goldfields Records Storage Facility the City of Kalgoorlie-Boulder, as recipient of the funds on behalf of the other participating Member Councils, was requested by the Department of Regional Development to confirm if the Country Local Government Fund (CLGF) allocations covered costs for non-fixed assets such as the Facility’s shredder and stationery.

The CLGF guidelines stipulate that grant funds cannot be used to purchase non-fixed assets. Having both an “Operational Costs” subheading that was to be covered under CLGF funding agreement and a clause that CLGF funding does not cover non-fixed assets within the guidelines has created a lot of confusion.

The sub-headings are very broad and some of the costs can be massaged into multiple sub-headings depending on interpretation. For example, one of the subheadings covered under CLGF allocations is Operational Establishment (including the telecommunication system, signage, security systems, etc.). It could be interpreted that items such as the shredder were essential items in order for the facility to be operational, therefore, should be able to be claimed under the CLGF allocation.

The City of Kalgoorlie-Boulder believes that GVROC can address the issue on one of two ways.

Option 1

The first avenue available to GVROC is to argue that both the agreement and guidelines were unclear.

As such it was difficult to interpret which items could be covered by CLGF funding and what was required to be paid for by GVROC. As per the Agreement, one of subheadings of costs to be covered by the CLGF funds was “Operational Establishment”. This subheading provided for costs such as telecommunication systems, signage, security systems etc.” As explained above, it could be argued that the shredder, which cost $51,885, was an essential purchase to ensure the facility’s successful establishment and operation.

Option2

The second option available to GVROC is simply to determine the amount of money owing and return the funds to the Department of Regional Development.

The total CLGF funds for the Goldfields Records Storage Facility was $1,010,916 (CLGF Grant of $1,000,000 + interest of $10,916 = $1,010,916).

Total costs associated with the establishment of the Goldfields Records Storage Facility was $1,031,995.28 (as per the acquittal document).

Items by the Department of Regional Development considered outside the Guidelines for Regional CLGF funding include:

§ Stationery and furniture costs - $8,659.20;

§ Shredder - $51,885; and

§ Boxes and barcodes - $57,990.37.

Therefore the total cost of items that that cannot be claimed under grant funding is $118,535.

The costs that can be claimed under CLGF funding are therefore as per the calculation below.

$1,031,995 - $118,535 = $913,460

The amount to be returned is calculated as follows:

$1,010,916 - $ 913,460 = $97,456

If Option 2 is agreed to by GVROC Council there also needs to be a discussion as to how the funds are to be paid for.

The City of Kalgoorlie-Boulder has put forward two possible payment mechanisms.

1. That the City of Kalgoorlie-Boulder pay the amount owing and invoice each of the signatories to the Agreement for their share of the funds to be returned; or

2. Pay the amount from the GVROC reserves.

An analysis of the GVROC financial position shows that there is an amount of $66,500 in Projects General (as at the 31 December 2014) and approximately $265,000 operating surplus at the 30 June 2014.

Executive Officer Comment:

The Executive Officer believes that a third option should be considered by GVROC.

This option would involve arguing for the CLGF funding to pay for the cost associated with the purchase of the shredder. Given the ambiguities of the Agreement and the fact that a shredder is a prerequisite for the successful establishment and operation of the Goldfields Records Storage Facility the Executive Officer argues that this is not an unreasonable request. In arguing for the cost of the shredder to be met by the CLGF funds the Executive Officer believes the Minister for Regional Development should be requested to intercede on GVROC’s behalf.

If successful any funds still outstanding could be paid via mechanisms proposed by the City of Kalgoorlie-Boulder.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Norman

That the GVROC meet with the Department of Regional Development with the assistance of WALGA to pursue the inclusion of the shredder as an operational expense under the Country Local Government Fund.

CARRIED

8.GVROC BUSINESS

8.1 GVROC Regional Equipment Pool

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 13 January 2015

Attachments: Maintenance Costs Schedule for GVROC Regional Equipment Pool

Background:

A summary report for usage of equipment from the GVROC Regional Equipment Pool for the period 1 July to 31 December 2014 inclusive is provided below for Member Councils’ information.

Month	Equipment	Organisation
July	Toilet Block, Crowd Control Barriers, Fencing and Stage	City of Kalgoorlie-Boulder
September	Toilet Block, Crowd Control Barriers Toilet Block, Crowd Control Barriers, Fencing and Stage	Shire of Coolgardie Shire of Leonora
October	Crowd control Barriers and Fencing Crowd Control Barriers, Fencing and Stage Toilet Block	Shire of Coolgardie City of Kalgoorlie-Boulder (Regional Arts Summit) City of Kalgoorlie-Boulder (Community Group Event - Lake Perkolilli)
November	Crowd Control Barriers	City of Kalgoorlie-Boulder
December	Crowd Control Barriers Crowd Control Barriers	City of Kalgoorlie-Boulder Shire of Esperance

There are no expenses to be passed on to GVROC.

Executive Officer Comment:

No further comment.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the report for the usage of equipment from the regional equipment pool for the period 1 July to 31 December 2014 inclusive be noted.

RESOLUTION: Moved: Cr Rathbone Seconded: Cr Stewart

That the report for the usage of equipment from the regional equipment pool for the period 1 July to 31 December 2014 inclusive be noted.

CARRIED

8.2 Animal Welfare Issues across the Goldfields Esperance Region

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 16 January 2015

Attachments: Nil

Background:

The issue of animal welfare across the Goldfields Esperance Region has been a topic of discussion for some period of time. At the GVROC Meeting held on Friday 13 June 2014 it was agreed that the issue of animal welfare remain an item for discussion at future GVROC Council Meetings.

At the GVROC Council Meeting held on Wednesday 6 August 2014, the CEO City of Kalgoorlie-Boulder reported that David van Auren, CEO RSPCA, was preparing a costing for a State-wide proposal for the RSPCA to undertake animal welfare work across the whole State. Currently the RSPCA works largely within the Perth metropolitan area.

The application for funding would be made through the Regional Cities Alliance of which the City of Kalgoorlie-Boulder is a member.

Executive Officer Comment:

The City of Kalgoorlie-Boulder will provide an update on the application for funding.

Other Member Councils might also wish to make comment.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That report provided by the City of Kalgoorlie-Boulder be noted.

RESOLUTION: Moved: Cr Best Seconded: Cr Rathbone

That report provided by the City of Kalgoorlie-Boulder be noted.

CARRIED

8.3 State Funding for Local Government Roads

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 16 January 2015

Attachments: Nil

Background:

As Member Councils may be aware, WALGA was advised in late December that the Government considered it appropriate that Local Government funding through the State Road Funds to Local Government Agreement will form part of the $152.8 million Main Roads maintenance funding cut announced on Thursday, 9 October last year.

Funding for Local Government roads has been reduced by a further $29.579 million over three years including 2014/15. This cut is in addition to the $70 million reduction in funding over three years announced this time last year.

The Association is now working with Main Roads to revise the 2015/16 Local Roads Program which is still being developed. The likely impact is that the Road Project Grants program for 2015/16 will be reduced by about $12 million (15%).

WALGA has advised that It is imperative that if any grant funded road projects (and BlackSpot projects) will not be completed and acquitted this financial year that the matter is raised urgently with Main Roads and the Regional Road Groups, allowing reserve projects to be advanced during this year.

Executive Officer Comment:

Whilst recognising WALGA’s advocacy role in minimising the adverse impact these further cuts to road funding are likely to have on local governments across the State, the Executive Officer believes that GVROC should make representation to both the region’s parliamentary representatives and the Minister for Transport to argue against any further cuts to local government road funding.

Executive Officer Additional Comment:

In discussing this matter, Joanne Burges advised that representatives from a number of Regional Road Groups had met with the Minister for Transport to express their concerns over cuts to road funding. Key messages that came from the meeting included:

§ The Minister advising the importance of getting acquittals completed for all projects; and

§ The Minister seeking country Councils presenting projects that could be funded through Royalties for Regions.

Mayor Yuryevich asked whether a report on this meeting would be prepared. Joanne Burges undertook to see whether a report was to be prepared.

The Shire of Laverton suggested that GVROC should write to the Minister to register a protest about the lack of road funding for country Councils.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for discussion.

RESOLUTION: Moved: Cr Hill Seconded: Cr Heasman

That GVROC write to:

1. the Premier and Minister for Transport expressing concern at the continued cuts to road funding and its impact on country Councils; and

2. Write to WALGA requesting the Association renew its efforts in having road funding returned to levels prior to the first round of cuts announced in 2014.

CARRIED

8.4 GVROC Meeting Dates 2015

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 16 January 2015

Attachments: Nil

Background:

The GVROC Technical Officers Working Group considered a draft meeting program for GVROC during 2014 when it met on Friday 5 December 2014, resolving as follows:

RESOLUTION: Moved: Richard Brookes Seconded: Ian Fitzgerald

That the GVROC Technical Officers Working Group recommend to the GVROC Council that the following meeting schedule be adopted for 2015:

§ Friday 27 February 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held Wednesday 4 March 2014;

§ Friday 6 March 2015 – in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Friday 28 March 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined);

§ Friday 1 May 2014 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 7-8 May 2015;

§ Friday 15 May 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Friday 19 June 2015 – an in-person meeting of the GVROC Council at which the WALGA State Council Agenda for the State Council meeting to be held Wednesday 1 July 2015 will also be considered (in Kalgoorlie unless otherwise determined);

§ Friday 10 July 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Wednesday 5 August 2015 – an in-person meeting of the GVROC Council in Perth (venue to be determined);

§ Friday 29 August 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 3-4 September 2015;

§ Friday 4 September 2015 – an in-person meeting of the GVROC Technical Officers Working Group (venue to be determined);

§ Friday 9 October 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined);

§ Friday 27 November 2015 – an in-person meeting of the GVROC Council at which the WALGA State Council Agenda for the State Council meeting to be held Wednesday 3 December 2015 will also be considered. Elections must also be held at this time (in Kalgoorlie unless otherwise determined);

§ Friday 4 December 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined); and

§ Friday 29 January 2016 – an in-person meeting of the GVROC Council in Esperance.

CARRIED

Executive Officer Comment:

The 2015 meeting schedule was developed taking into account the following factors:

§ WALGA State Council meeting dates in 2015 and WALGA’s preferred dates for the holding of Zone Meetings during 2015. Each set of dates are outlined in the table below:

Preferred Dates for Zone Meetings in 2015	State Council Meeting Dates in 2015
Friday 20 February to Friday 27 February	Wednesday 4 March
Friday 24 April to Friday 1 May	Regional Meeting 7/8 May 2015 location to be advised
Friday 19 June to Friday 26 June	Wednesday 1 July
Friday 21 August to Friday 28 August	Regional Meeting 3/4 September 2015 location to be advised
Friday 20 November to Friday 27 November	Wednesday 2 December

§ Labor Day - Monday 2 March 2015;

§ Easter - Friday 3 – Monday 6 April 2015;

§ Anzac Day - Saturday 25 April 2015 with a public holiday on Monday 27 April 2015;

§ LGMA National Congress is being held in Darwin from Wednesday 29 April 2015 to Friday 1 May 2015;

§ Zone elections must be held in November 2015, following Local Government elections a month earlier. This necessitates the meeting being an in-person meeting rather than a teleconference;

§ The 2015 National General Assembly will be held in Canberra from Sunday 14 June to Wednesday 17 June 2015;

§ Council specific events, such as the Esperance Show and

§ School holidays in 2015:

o Friday 3 April 2015 to Sunday 19 April 2015;

o Saturday 4 July 2015 to Sunday 19 July 2015; and

o Saturday 26 September 2015 to Sunday 11 October 2015.

At the time the GVROC Technical Officers Working Group considered the meeting program for 2015 dates for meetings of both the Goldfields Esperance Development Commission (GEDC) and RDA Goldfields Esperance (RDAGE) were not known.

These have since become available.

The RDAGE meeting schedule for 2015 will be as follows:

§ Friday 13 February 2015;

§ Friday 10 April 2015;

§ Friday 12 June 2015;

§ Friday 14 August 2015;

§ Friday 9 October 2015; and

§ Friday 4 December 2015.

Please note, RDAGE has advised that meeting dates are sometimes altered.

The GEDC Board Meetings meeting schedule for 2015 will be as follows:

§ Monday 23 February 2015;

§ Friday 10 April 2015;

§ Thursday 18 June 2015;

§ Thursday 20 August 2015;

§ Friday 16 October 2015; and

§ Friday 4 December 2015.

With the availability of meeting dates for both the GEDC and the RDAGE it can be seen that the October meeting of the RDAGE clashes with that of a GVROC Council Meeting, with both scheduled to be held on Friday 9 October 2015. The recommendation for the GVROC meeting schedule for 2015 has been amended to remove this clash.

In recommending a revised meeting programme the Executive Officer has not taken into account other meetings that might clash with the GVROC’s 2015 meeting program, including meetings during 2015 for the:

§ Local Government Advisory Board; and

§ Regional Road Group.

The meeting schedule again has a mix of in-person and teleconference meetings. It also takes into account the long held practice of holding the first meeting for the year in Esperance and holding a meeting during the Local Government Convention. Following the local government elections in October 2015 the WALGA Constitution requires the Zone to elect a State Council Representative and Deputy State Council Representative. These must take place at an in-person meeting.

The GVROC Technical Officers Working Group generally meets between these meetings, progressing any decisions that have arisen from a GVROC Council meeting.

RECOMMENDATION:

That the GVROC Council adopt the following meeting schedule for 2015:

§ Friday 27 February 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held Wednesday 4 March 2014;

§ Friday 6 March 2015 – in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Friday 27 March 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined);

§ Friday 1 May 2014 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 7-8 May 2015;

§ Friday 15 May 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Friday 10 July 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Wednesday 5 August 2015 – an in-person meeting of the GVROC Council in Perth (venue to be determined);

§ Friday 28 August 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 3-4 September 2015;

§ Friday 4 September 2015 – an in-person meeting of the GVROC Technical Officers Working Group (venue to be determined);

§ Thursday 8 October 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined);

§ Friday 4 December 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined); and

§ Friday 29 January 2016 – an in-person meeting of the GVROC Council in Esperance.

RESOLUTION: Moved: Cr Hill Seconded: Cr Rathbone

That the GVROC Council adopt the following meeting schedule for 2015:

§ Friday 27 February 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held Wednesday 4 March 2014;

§ Friday 6 March 2015 – in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Friday 27 March 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined);

§ Friday 1 May 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 7-8 May 2015;

§ Friday 15 May 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Friday 10 July 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined);

§ Wednesday 5 August 2015 – an in-person meeting of the GVROC Council in Perth (venue to be determined);

§ Friday 28 August 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 3-4 September 2015;

§ Friday 4 September 2015 – an in-person meeting of the GVROC Technical Officers Working Group (venue to be determined);

§ Thursday 8 October 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined);

§ Friday 4 December 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined); and

§ Friday 29 January 2016 – an in-person meeting of the GVROC Council in Esperance.

CARRIED

8.5 Local Government Membership to the Goldfields District Emergency Management Committee

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 16 January 2015

Attachments: Nil

Background:

On 18 December 2014 the Executive Officer received an email from Yvette Grigg, Community Emergency Management Officer, for the Goldfields District Emergency Management Committee (DEMC) regarding local government representation on the Goldfields DEMC.

It would appear that the Goldfields DEMC Executive would like the GVROC to appoint a proxy to represent GVROC at DEMC meetings when the CEO City of Kalgoorlie-Boulder, the current local government representative is unable to attend meetings.

The DEMC Executive appears aware that any local government representative or proxy/deputy would need to be someone who lives within relatively easy distance of Kalgoorlie so they don’t have to travel great distances for a one hour meeting.

Executive Officer Comment:

Appointing a proxy to attend Goldfields DEMC meetings when the CEO City of Kalgoorlie-Boulder is unable to attend meetings would seem a good idea as it would ensure local government representation at these meetings.

In discussing the possible appointment of a proxy/deputy the recommended meeting programme for the Goldfields DEMC is provided bellow for Member Councils information:

§ Tuesday 10 March 2015;

§ Tuesday 9 June 2015;

§ Tuesday 8 September 2015; and

§ Tuesday 8 December 2015.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by GVROC’s Member Councils.

RESOLUTION: Moved: Cr Heasman Seconded: Cr Rathbone

That the CEO City of Kalgoorlie-Boulder nominate a representative from within the City as the deputy representative on the Goldfields District Emergency Management Committee.

CARRIED

8.6 Esperance Region Economic Development Strategy

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 16 January 2015

Attachments: Esperance Region Economic Development Strategy

Background:

At the GVROC Technical Officers Working Group Meeting held Friday 5 December 2015, Shire of Esperance requested that the Esperance Region Economic Development Strategy be listed for discussion as it involved a number of GVROC’s Member Councils.

The document is currently out for comment. A copy forms an attachment to the meeting agenda.

In discussing the Strategy the following information relating to its development was provided:

§ The Strategy was funded via funding made available to the Shire of Esperance through “super towns” funding, with the Shire providing “lead agency” status to the Goldfields Esperance Development Commission.

§ Originally the Strategy was meant to cover only the Shire of Esperance but because of their interrelationships it was decided that the Shires of Dundas and Ravensthorpe should also be involved.

§ The public consultation period for the Strategy closed at the end of November.

§ Due to a lack of feedback the Shire of Esperance has resolved to extend the consultation period by a further two months;

§ The Strategy has a section relating to the release of additional agricultural land, with a push to have this section removed from the Strategy. The Shire of Esperance opposes this believing that the release of new agricultural land is essential for the economic development of the region. As such, the Shire of Esperance is seeking GVROC’s support for the Strategy to remain unchanged as it relates to the release of additional agricultural land.

Following discussion, the Technical Officers Working Group resolved as follows:

RESOLUTION: Moved: Matthew Scott Seconded: Ian Fitzgerald

That the GVROCV Technical Officers Working Group recommend to the GVROC Council that it endorses the Esperance Region Economic Development Strategy as tabled at the GVROC Technical Officers Working Group Meeting held Friday 5 December 2014.

CARRIED

Executive Officer Comment:

No further comment.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the GVROC Council endorses the Esperance Region Economic Development Strategy as tabled at the GVROC Technical Officers Working Group Meeting held Friday 5 December 2014.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Williams

That the GVROC Council support the Esperance Region Economic Development Strategy as tabled at the GVROC Technical Officers Working Group Meeting held Friday 5 December 2014.

CARRIED

8.7 Letters of Support for Funding Applications

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 16 January 2015

Attachments: Correspondence from RDA Goldfields Esperance re a Letter of Support for Northwest Sector Community Facility

Background:

Late last year, the City of Kalgoorlie requested a letter of support from RDA Goldfields Esperance (RDAGE) for its application for funding application from the Goldfields Revitalisation Fund for its Northwest Sector Community Facility project.

The City of Kalgoorlie-Boulder was advised that a letter of support could not be provided.

When the City sought clarification on this decision its CEO was provided with the following response from RDAGE’s Executive Officer:

From: eo@rdage.com.au [mailto:eo@rdage.com.au]
Sent: Thursday, 8 January 2015 2:13 PM
To: Don Burnett
Cc: Julia Shadlow-Bath
Subject: RE: Letter of support - North West Community Facility

Hi Don

At its General Meeting held on 5 December 2014, the RDAGE Committee discussed the provision of letters of support (Item 12 on the agenda) to stakeholders applying for funding from the Goldfields Esperance Revitalisation (GER) Fund.

The Committee concluded that as a representative body for the whole of the Goldfields Esperance region, it was inappropriate to supply a letter of support to any of the project proposals being submitted to the Goldfields Esperance Revitalisation Fund.

The Committee did not say that it would not supply any letters of support to any project for any grant application. As such, it would be inappropriate to forward the RDAGE letter to the GVROC as RDAGE does not have a blanket policy on letters of support.

Let me know if you wish to discuss this issue further, noting that Julia is away on leave until 27 January 2015.

Best regards

Carol Mann

Executive Officer

Description: cid:image001.jpg@01CFB554.B3DD9F80

Executive Officer Comment:

The City of Kalgoorlie-Boulder has requested that that matter be noted in order that Member Councils are aware of the RDAGE policy on letters of support for funding applications.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for discussion.

RECOMMENDATION:

That Regional Development Australia Goldfields Esperance’s policy regarding letters of support for funding applications be noted.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Goldfinch

That Regional Development Australia, Goldfields Esperance’s policy regarding letters of support for funding applications be noted and the Executive Officer liaise with RDA Goldfields Esperance and Goldfields Esperance Development Commission to organise a combined meeting with the GVROC.

CARRIED

8.8 LGIS Regional Risk Coordinator Programme - Request for Expression of Interest

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 19 January 2015

Attachments: LGIS Regional Risk Coordinator Programme Request for Expression of Interest

Background:

Following discussions at the LGMA Goldfields Branch Forum on Friday 3^rd October 2014 regarding the LGIS Regional Risk Coordinator (RRC) Programme, LGIS is seeking expressions of interest from the Local Governments in the Region for it to establish a Goldfields-Esperance Region RRC Programme.

Information on this request forms an attachment to the meeting agenda.

Executive Officer Comment:

The City of Kalgoorlie-Boulder has asked that this matter be listed for discussion.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for discussion.

Mayor Yuryevich declared an interest in this matter as a Board Member of LGIS.

RESOLUTION: Moved: Cr Williams Seconded: Cr Cullen

That GVROC note that the City of Kalgoorlie-Boulder is entering into an agreement with Local Government Insurance Services relating to the Regional Risk Coordinator Programme and invites other Councils within the GVROC to jointly participate should they wish to be involved.

CARRIED

8.9 Fuel Tax Credits

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 19 January 2015

Attachments: Nil

Background:

Late last year the Executive Officer received email correspondence from Mr Ian Trestrail of AIT Specialists Pty Ltd.

A WALGA Preferred Supplier, AIT Specialists Pty Ltd is a company which specialises in the recovery of missed fuel tax credits for Local Government.

AIT Specialists Pty Ltd has requested an opportunity to meet with Member Councils to provide an update on the latest in fuel tax credits. It is anticipated that any presentation would last for about 15 minutes, with the company following up with individual Councils at a later date.

Executive Officer Comment:

No further comment.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for discussion.

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Stewart

That the matter be noted and referred to the Technical Officer Working Group.

CARRIED

8.10 Preparation of a Submission Detailing the Negative Impact of State Government Policy on Town Development across the Goldfields Esperance Region

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 15 December 2015

Attachments: Nil

Background:

At the meeting of the GVROC Council held Friday 13 June 2014 the negative impact of State Government policy on town development within the Shires of Coolgardie, Menzies and Wiluna was raised for discussion, with Member Councils resolving as follows:

RESOLUTION: Moved: Cr Cullen Seconded: Cr Harris

1. That WALGA be requested to include the issues raised by the Shires of Coolgardie and Wiluna in the next meeting agenda of the WALGA Mining Policy Forum Agenda; and

2. That the GVROC develop a submission detailing the negative impact of State Government policy on town development across the Goldfields Esperance region, with the submission being forwarded to the Premier with a request to meet him to discuss the submission.

CARRIED

The matter was listed for further discussion at the Technical Officers Working Group Meeting held on Friday 5 September 2014, with the matter being resolved as follows:

RESOLUTION: Moved: Peter Crawford Seconded: Jim Epis

That the GVROC Technical Officers Working Group recommend to the GVROC Council that a meeting be requested with the Chair and CEO of Goldfields Esperance Development Commission with the view to facilitating a meeting with the Minister for Mines and Petroleum, Hon Bill Marmion MLA, to discuss the negative impact of State Government policy on town development across the Goldfields Esperance region.

CARRIED

This recommendation was confirmed by the GVROC Council when it resolved as follows on Friday 6 November 2014 as follows:

RESOLUTION: Moved: Cr Quadrio Seconded: Cr Williams

That GVROC seek a meeting with the Chair and CEO of the Goldfields Esperance Development Commission with the view to facilitating a meeting with the Minister for Mines and Petroleum, Hon Bill Marmion MLA, to discuss the negative impact of State Government policy on town development across the Goldfields Esperance region.

CARRIED

Executive Officer Comment:

Following its discussions with the Chair and CEO of the Goldfields Esperance Development Commission, the Executive Officer seeks direction as to what further action is required on the matter of the negative impact of State Government policy on town development across the Goldfields Esperance region.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Goldfinch

That the GVROC write to the Premier asking for his intervention in relation to the negative impact of State Government policy on town development across the Goldfields Esperance region.

CARRIED

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Cullen

That the GVROC write to the Hon Bill Marmion MLA, Minister for Mines and Petroleum, requesting that a review of the relevant legislation that currently restricts ability for land within gazetted townsites to be ”sterilized” from future mineral claims thereby providing a mechanism that ensures future economic development within these towns can be progressed.

CARRIED

8.11 GRV Rating of Mining Interests

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 30 November 2014

Attachments: WALGA Infopage

Background:

At the request of the Shire of Laverton, GVROC Council considered the State Government’s policy on the application of Gross Rental Valuation to mining, petroleum and resource interests (the GRV mining policy) when it met on Friday 7 November 2014. At that time it resolved as follows:

RESOLUTION: Moved: Mr Epis Seconded: Cr Williams

That the matter be referred to the Technical Officers Working Group for consideration and recommendation to the GVROC Council and in the interim the Shire of Laverton seek legal advice on the matter to be funded by the GVROC.

CARRIED

The matter was considered when the Technical Officers Working Group met on Friday 5 December 2014 at which time it was resolved as follows:

RESOLUTION: Moved: Graham Stanley Seconded: Peter Crawford

That the GVROC Technical Officers Working Group recommend to the GVROC Council that GVROC request WALGA to advocate on affected Councils’ behalf on matters relating to the State Government’s policy on the application of Gross Rental Valuation to mining, petroleum and resource interests.

CARRIED

Executive Officer Comment:

The Shire of Laverton might wish to report on whether it has sought legal advice at this point on the matter of GRV rating of mining interests.

Notwithstanding the need for GVROC Council to consider the Technical Officers Working Group’s recommendation, Member Councils should be aware that on Friday 5 December 2014 WALGA distributed an Infopage on the issue of GRV rating of mining interests.

The Executive Officer is aware that the Shire of Laverton has responded to WALGA’s request for information.

Councils responding to WALGA’s request for information had to supply the information no later than Friday 16 January 2015.

The Executive Officer has contacted Paul Schollum regarding the Infopage and requested an extension of time should GVROC decide to provide additional information relating to the GVR rating of mining interests. Should GVROC decide to prepare a submission an extension of time will be given.

It is perhaps worth noting that other Councils across the State have considered the issue of GRV rating on mining interests.

The Shire of Boddington via email on 15 December 2014 outlined its view on the matter. A copy of the email from the Shire’s CEO is provided below for Member Councils information.

From: Chris Littlemore [mailto:ceo@boddington.wa.gov.au]
Sent: Monday, 15 December 2014 12:21 PM
To: John Read; pschollum@walga.asn.au
Cc: ceo@capel.wa.gov.au; ceo@collie.wa.gov.au; ceo@coolgardie.wa.gov.au; ceo@cue.wa.gov.au; ceo@sdwk.wa.gov.au; Richard Brookes; ceo@eastpilbara.wa.gov.au; Matthew Scott; ceo@hcshire.wa.gov.au; Don Burnett; Steve Deckert; ceo@leonora.wa.gov.au; ceo@meekatharra.wa.gov.au; ceo@mtmagnet.wa.gov.au; ceo@mtmarshall.wa.gov.au; ceo@porthedland.wa.gov.au; Pascoe Durtanovich; ceo@roebourne.wa.gov.au; ceo@sandstone.wa.gov.au; Peter Crawford; Tony Doust; ceo@swek.wa.gov.au; ceo@yalgoo.wa.gov.au; ceo@yligarn.wa.gov.au
Subject: RE: GRV Rating of Mining Infrastructure

Dear Colleagues,

Council is to consider the following recommendation at tomorrows Ordinary Meeting.

That Council advise WALGA that

• it strongly supports the continuation of the ability to GRV rate mining infrastructure and trusts that WALGA will vigorously support the not only the continuation of GRV rating of mining infrastructure but also its extension to mines subject to State Agreement.

• The capacity to rate mining interests has been of enormous benefit to the community of Boddington, in the order of $4.6M over three years.

• It considers the provision for the application of GRV once State Agreements are varied to be a lost opportunity and that the State Government should phase in GRV for facilities under State Agreements over a five year period.

• While mines subject to State Agreement have contributed to community projects, the level of funding and types of projects supported have been quite varied, at the discretion of mine management.

• The spending of rating income is at the discretion of Councillors elected from the local community, the entire basis of the democratic process.

Kind Regards

Chris Littlemore

Chief Executive Officer

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Cr Hill Seconded: Cr Cullen

That GVROC advise WALGA that:

1. it strongly supports the continuation of the ability to GRV rate mining infrastructure and trusts that WALGA will vigorously support the not only the continuation of GRV rating of mining infrastructure but also its extension to mines subject to State Agreement.

2. the capacity to rate mining interests has been of enormous benefit to the communities involved;

3. it considers the provision for the application of GRV once State Agreements are varied to be a lost opportunity and that the State Government should phase in GRV for facilities under State Agreements over a five year period; and

4. while mines subject to State Agreement Acts have contributed to community projects, the level of funding and types of projects supported have been quite varied, at the discretion of mine management.

CARRIED

RESOLUTION: Moved: Cr Hill Seconded: Cr Cullen

That WALGA be requested to coordinate Member Councils from mining communities with an interest in rating mining activities to lead a program of examining/lobbying the State Government for the required change to practices and legislation.

CARRIED

8.12 Review of the GVROC MOU

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 21 January 2015

Attachments: GVROC MOU for period 1 July 2010 to 30 June 2011

Background:

The current GVROC MOU expires on 30 June 2015.

A review of the MOU has not been undertaken since 2010 when the last MOU was drawn up. The current MOU was extended without review when the GVROC Council met on Friday 28 June 2013.

Executive Officer Comment:

The Executive Officer believes it is timely for a review of the MOU to be undertaken.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RECOMMENDATION:

That the GVROC Technical Officers Working Group review the GVROC MOU with a report to be prepared for consideration at the next in-person meeting of the GVROC Council.

RESOLUTION: Moved: Cr Williams Seconded: Cr Heasman

That the GVROC Technical Officers Working Group review the GVROC MOU with a report to be prepared for consideration at the next in-person meeting of the GVROC Council.

CARRIED

8.13 Country Local Government Reform

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 21 January 2015

Attachments: Nil

Background:

At the GVROC Council Meeting held on Friday 28 November 2014 the matter of country local government reform was considered with GVROC Council resolving as follows:

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Cullen

That GVROC:

1. That the matter of country local government reform be listed for discussion at the GVROC Council meeting scheduled to be held in Esperance on Friday 30 January 2015; and

2. Invite the Minister for Local Government to the GVROC Council Meeting scheduled to be held in Esperance on Friday 31 January 2015.

CARRIED

The Executive Officer has previously advised that the Minister for Local Government and Communities is unable to attend the GVROC’s first meeting for 2015.

Executive Officer Comment:

The Country Reform Policy Forum was due to meet on 22 October 2014 but was postponed due to the announcement of the State Government response to the metropolitan reform. It is proposed that a Forum meeting be held in February 2015.

The Minister for Local Government has also introduced a Local Government Amendment Bill which includes provisions relating to the Subsidiary Model which may also have an impact on discussions surrounding non-metropolitan reform.

WALGA’s representative at the GVROC Meeting, Ms Joanne Burges, might be able to provide a further update to member Councils on this issue.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

Executive Officer Additional Comment:

Joanne Burges advised the meeting that the next Country Reform Policy Forum meeting would be held on Monday 16 February 2015.

RESOLUTION: Moved: Cr Hills Seconded: Cr Rathbone

That the report be noted.

CARRIED

8.14 WALGA’s Street Lighting Discussion Paper

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 23 January 2015

Attachments: A copy of the completed discussion paper will be circulated prior to the GVROC Meeting on Friday 30 January 2015. Hard copies of the paper will be available on the day

Background:

On Friday 7 November 2014 WALGA released a discussion paper investigating energy efficient street lighting.

The paper analyses the barriers and opportunities for energy efficient street lighting projects across the Western Australian Local Government sector. The paper also proposes main aims for the WALGA’s advocacy in an attempt to remove barriers while promoting and creating opportunities for Local Government. WALGA sought feedback from the Local Government Sector with the submission period closing on 12 January 2015.

Given the difficulties encountered by GVROC in obtaining agreement from Horizon Power for its LED retrofit project it was agreed that comment should be provided. GVROC sought and was granted an extension of time in which to lodge its comments.

Executive Officer Comment:

The Executive Officer has collated information collected from Member Councils into a draft submission on the WALGA discussion paper for consideration by the GVROC Council.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the draft submission, subject to any amendments made, be endorsed and provided to WALGA.

It was agreed that the item be withdrawn and referred to the Technical Officers Working Group.

8.15 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – GVROC Solar PV Project and the GVROC LED Streetlight Project

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 29 January 2015

Attachments: Nil

Background:

The recognition for developing renewable energy and energy efficient projects was recognised by the GVROC when it was resolved at the GVROC Council Meeting held on Wednesday 1 August 2012 to submit an application for CLGF funding in 2012/2013, with Member Councils resolving as follows:

RESOLUTION: Moved: Cr Cullen Seconded: Cr Petz

That for the 2012/2013 round of regional CLGF funding, the Goldfields Voluntary Regional Organisation of Councils:

1. Submit an alternate energy project for the region with the pool of funding for the project to be determined by Member Councils, with Member Councils notifying the Executive Officer of their intention to participate in the project no later than Friday 31 August 2012;

2. That the City of Kalgoorlie-Boulder be given delegate authority to commence preparation of a business case for the alternate energy project, with the business case to look at participating Member Councils using funds from both the 2012/2013 and 2013/2014 allocations of regional CLGF funds;

3. Request the Goldfields Esperance Development Commission provide funding for the preparation of a business cases for GVROC Member Councils for the following projects in the 2012/2013 regional CLGF round of funding:

a) Retro-fitting of lighting and renewable energy power generation;

b) Regional waste management;

c) Norseman gateway project; and

d) A project for the Shires of Laverton and Ngaanyatjarraku (still to be determined); and

1. Give delegated authority to the GVROC Technical Officers Working Group to prepare and submit business cases for projects, other than the alternate energy project, agreed to for the 2012/2013 round of regional CLGF funds.

CARRIED

Since that time GVROC has worked on finalising its application for funding for what has become known as the “street lighting project”. It should also be recognised that in additional to any CLGF funding this project might attract CEEP finding was also procured to assist in bringing the project to fruition.

The City of Kalgoorlie-Boulder has been the Lead Council for the project. The City, however, is not a participant in the project. The Shires of Esperance, Leonora, Laverton, Menzies and Dundas are involved in the project. All are supplied power by Horizon Power. The City of Kalgoorlie-Boulder and the Shire of Coolgardie are on the SWIS (Western Power) grid.

The Shires of Ravensthorpe and Wiluna had committed their CLGF funds to projects with other regional neighbours. The Shire of Ngaanyatjarraku is not participating either in this project.

Since the project was agreed to considerable work has been undertaken in getting the project to an operational stage. Despite the obvious benefits both environmentally and financially, there have been significant hurdles to overcome.

As Lead Council, the City of Kalgoorlie-Boulder has provided regular reports on getting approval for the project.

Significant progress in finalising the projects had been made in the lead up to Christmas last year, such that it had been hoped to have the Agreement ready for signing between Horizon Power and participating GVROC Councils.

Executive Officer Comment:

The signing of the Agreement is still not possible because the issue of tax liability for “gifted assets” has yet to be resolved.

The CEO City of Kalgoorlie-Boulder will provide and update on the project.

Consultation: Nil

Voting Requirement: Simple majority

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Rathbone

That GVROC request a meeting with the Minister for Finance (and or the Minister for Energy) as a matter of urgency to discuss the imposition of the “gift tax” by Horizon Power. Copies of the correspondence should be sent to all of GVROC’s parliamentary representatives.

CARRIED

9. DISCUSSIONS WITH MEMBERS OF PARLIAMENT

Discussions with those members if Parliament able to attend the GVROC Council Meeting took place prior to the commencement of the GVROC Council Meeting.

10. REPRESENTIVE REPORTS

10.1 WA Local Government Association

Joanne Burges provided Member Councils with an update on the following issues:

§ Local Government Polls re amalgamation proposals for the metropolitan area;

§ Country Reform Policy Forum to be held Monday 16 February 2015; and

§ Super Towns meeting to be held in Northam.

11. LATE ITEMS as notified, introduced by decision of the Meeting

11.1 Closure of Bureau of Meteorology Weather Station – Shire of Laverton

The Shire of Laverton had been advised the meeting that it had recently received advice from the Bureau of Meteorology that the Laverton Weather Station will be closed.

RESOLUTION: Moved: Cr Hill Seconded: Cr Rathbone

That the GVROC write to the Bureau of Meteorology opposing the closure of the Laverton Weather Station with a copy of the correspondence to Mr Rick Wilson MP, Member for O’Connor, and Ms Melissa Price MP, Member for Durack.

CARRIED

12. FUTURE MEETINGS

Friday 27 February 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held Wednesday 4 March 2014

Friday 6 March 2015 – in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined)

Friday 27 March 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined)

13. CLOSURE OF MEETING

There being no further business the Chair declared the meeting closed at 1.00pm

Item: 12.6.5

Attachment g.: Minutes - GVROC - 27 February 2015

Council Meeting

Friday 27 February 2015

Teleconference

Commencing at 8.30am

MINUTES

CONTENTS

1. DECLARATION OF INTEREST. 3

2. ANNOUNCEMENTS. 3

3. ATTENDANCE AND APOLOGIES. 3

3.2 WALGA Representatives. 4

4. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS. 5

4.1 State Councillor / Goldfields Esperance Zone President’s Report 5

4.2 WALGA Status Report (Attachment) 5

4.3 Review of WALGA State Council Agenda - Matters for Decision. 5

4.4 Review of WALGA State Council Agenda - Matters for Noting/Information. 9

4.5 Review of WALGA State Council Agenda - Organisational Reports. 9

4.6 Review of WALGA State Council Agenda - Policy Forum Reports. 10

4.7 WALGA President’s Report (Attachment) 10

5 AGENCY REPORTS. 10

6. OTHER BUSINESS. 10

7. URGENT BUSINESS as permitted by the Chair 11

7.1 The Management of Western Australia’s Freight Rail Network – Report of the Economics and Industry Standing Committee. 11

7.2 Metropolitan Improvement Tax. 11

7.3 Election of Deputy Chair for the Goldfields Voluntary Regional Organisation of Councils (GVROC) 12

7.4 GRV Rating of Mining Interests. 12

7.5 Increases in Annual Rental on Mining Leases. 12

7.6 Cuts to Regional Road Group Funding. 13

8. DATE, TIME AND PLACE OF NEXT MEETINGS. 13

9. CLOSURE. 13

Goldfields Voluntary Regional Organisation of Councils

and

Goldfields esperance country zone of walga

Teleconference Meeting held on Friday 27 February 2015 commencing at 8.30am

MINUTES

1. DECLARATION OF INTEREST

2. ANNOUNCEMENTS

The purpose of the meeting is to consider and provide advice to the WALGA State Council Representative, Mayor Ron Yuryevich AM, RFD.

3. ATTENDANCE AND APOLOGIES

Mayor Ron Yuryevich (Chair) Mayor, City of Kalgoorlie-Boulder

Cr Suzie Williams Councillor, City of Kalgoorlie-Boulder

Mr Don Burnett CEO, City of Kalgoorlie-Boulder

Cr Tracey Rathbone Deputy President, Shire of Coolgardie

Mr Paul Webb CEO, Shire of Coolgardie

Cr Jacquie Best Deputy President, Shire of Dundas

Mr Richard Brookes CEO, Shire of Dundas

Cr Beverley Stewart Councillor, Shire of Esperance

Mr Matthew Scott CEO, Shire of Esperance

Cr Beatrice Fuamatu Councillor, Shire of Laverton (entered the meeting at 8.45am)

Mr Steve Deckert CEO, Shire of Laverton

Mr Jim Epis CEO, Shire of Leonora

Mr Peter Crawford CEO, Shire of Menzies

Cr Graham Harris Deputy President, Shire of Wiluna

Mr Pascoe Durtanovich A/CEO, Shire of Wiluna

Ms Helen Westcott, Joint Executive Officer

3.1 Apologies

Cr Mal Cullen, President Shire of Coolgardie

Cr Patrick Hill, President Shire of Laverton

Cr Peter Craig, President Shire of Leonora

Cr Greg Dwyer, President Shire of Menzies

Cr Jim Quadrio, President Shire of Wiluna

Mr Bruce Wittber, Joint Executive Officer

3.2 WALGA Representatives

Mr Mark Batty, Executive Manager Environment and Waste

4. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS

Zone delegates to consider the Matters for Decision contained in the WA Local Government Association State Council Agenda and put forward resolutions to Zone Representatives on State Council

4.1 State Councillor / Goldfields Esperance Zone President’s Report

Mayor Ron Yuryevich, AM RFD

4.2 WALGA Status Report (Attachment)

From Executive Officer

BACKGROUND:

Presenting the Status Report for February 2015 which contains WALGA’s responses to the resolutions of previous Meetings

ZONE COMMENT:

This is an opportunity for Member Councils to consider the response from WALGA in respect to the matters that were submitted at the previous Meeting.

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils notes the:

1. State Councillor / Goldfields Esperance Zone President’s Report; and

2. WALGA Status Report.

EN BLOC

RESOLUTION: Moved: Cr Rathbone Seconded: Cr Best

That the Goldfields Voluntary Regional Organisation of Councils notes the:

1. State Councillor / Goldfields Esperance Zone President’s Report; and

2. WALGA Status Report.

CARRIED

4.3 Review of WALGA State Council Agenda - Matters for Decision

From Executive Officer

Background:

WALGA State Council meets five times each year and as part of the consultation process with Member Councils circulates the State Council Agenda for input through the Zone structure.

The Zone is able to provide comment or submit an alternate recommendation that is then presented to the State Council for consideration.

5.1 Metropolitan Local Government Reform (05-034-01-0018 TL)

WALGA Recommendation

That State Council:

1. Endorse the withdrawal of the Association’s support for the Metropolitan Local Government Reform process; and

2. Call on the State Government to reverse the Governor’s Orders relating to boundary adjustments in metropolitan Perth.

ZONE COMMENT:

It is interesting to note that given the importance of the reform process to the local government sector that the decision to withdraw appears to have been made without the prior endorsement of the State Council.

GVROC support WALGA Recommendation.

5.2 Interim Submission – Planning and Development (Development Assessment Panels) Regulation 2011 (05-047-01-0016 OT)

WALGA Recommendation

That the interim submission to the Parliamentary Committee on Uniform Legislation and Statutes’ Inquiry on the Planning and Development Act (Development Assessment Panels) Regulations 2011 be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.3 Interim submission – Planning and Development (Local Planning Schemes) Regulations 2014 (Local Planning Schemes Regulations) (05-047-01-0011 VJ)

WALGA Recommendation

That State Council:

1. Endorse the interim submission to the WA Planning Commission on the Planning and Development (Local Planning Schemes) Regulations 2014 (Local Planning Schemes Regulations).

2. Continue to advocate to the Ministers for Planning and Commerce that the ‘Instant Start’ proposal is not supported, as it effectively expands the private certification role of the Building Permit process into planning legislation without a clear framework for this to occur.

3. Further advocate to the Ministers for Planning and Commerce and the development industry that the ‘Application for Compliance’ proposal is a better alternative to the proposed ‘Instant Start’ initiative, as it encompasses Planning, Health and Engineering approvals rather than just the R-Codes Verification process

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.4 WALGA Guide for Local Government Planning Delegations (05-036-03-0044 VJ)

WALGA Recommendation

1. That State Council endorses the Guide for Planning Delegations – Development Applications and recommends use of the resource by Local Governments when reviewing and preparing planning delegation arrangements.

2. That the Guide and details of the project findings be forwarded to the Minister for Planning, the WAPC, the Department of Planning and the Department of Local Government and Communities.

3. The Guide be endorsed by the State Government as fulfilling the action in the Blueprint for Planning Reform Phase 2 Action Plan, related to development of a model schedule of planning delegations.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.5 Interim submission – Reforms to the Strata Titles Act 1985 (05-047-01-0011 VJ)

WALGA Recommendation

That State Council endorse the interim submission to Landgate on the discussion paper proposing reforms to the Strata Title Act 1985.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.6 State Planning Policy 5.1 – Land Use Planning in the Vicinity of Perth Airport

WALGA Recommendation

That the interim submission to the WA Planning Commission on State Planning Policy 5.1 – Land Use Planning in the Vicinity of Perth Airport be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.7 Interim Submission - State Planning Policy 5.2 – Telecommunications Infrastructure (05-036-03-0048 OT)

WALGA Recommendation

That State Council endorse the interim submission to the WA Planning Commission on State Planning Policy 5.2 – Telecommunications Infrastructure.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.8 Introduction of the Public Health Bill 2014 (05-031-01-0001MP)

WALGA Recommendation

That WALGA:

1. advise the Minister for Health that Local Government supports the Public Health Bill 2014, as introduced to Parliament in November; and

2. to ensure the smooth implementation of the new legislation, seeks the following:

a) Development of a clear implementation plan and timelines for the staged implementation of the Act and subsidiary legislation;

b) Establishment of a joint advisory group(s) and engagement of Local Government in the development of any supporting regulations;

c) Provision of funding to support smaller rural and regional councils with the development of local Public Health Plans; and

d) Development of tools and resources to support the introduction of requirements for Public Health Plans.

ZONE COMMENT:

The Public Health Bill 2014 was introduced to Parliament in late 2014. It proposes to replace much of the existing Health Act 1911, and aims to provide the community with modern legislation to:

§ promote public health and wellbeing;

§ help prevent disease, injury, disability and premature death;

§ inform individuals and communities about public health risks;

§ encourage individuals and their communities to plan for, create and maintain a healthy environment;

§ support programs and campaigns intended to improve public health;

§ collect information about the incidence and prevalence of diseases and other public health risks for research purposes; and

§ reduce the health inequalities in public health of disadvantaged communities.

The Department of Health WA is planning to run a series of presentations for interested State and Local Government and NGOs in early 2015.

The State Council Report (p105) comments as follows:

In keeping with the draft Public Health Bill 2008, the key matters provided for in the current Bill include:

· The Crown is bound but there will be no enforcement

· Local Governments will be required to provide Public Health Plans

· Health Local Laws will be Local Laws made under Local Government Act 1995

· Powers of entry require an officer to ‘reasonably suspect’ an offence

· Persons to be appointed as Environmental Health Officers by Local Government must be a person that has qualifications and experience that meet requirements of the Chief Health Officer

· Heads of power to enable development of regulations

Within the State Council comments the following observations were made:

The Public Health Bill 2014 recently tabled in Parliament is consistent with positions previously adopted by State Council. Outstanding questions and considerations for the sector relate to:

· The development by the State Government of a clear implementation plan for the staged introduction of the new legislation.

· Development of regulations and policies.

· Financial assistance for regional and rural Local Governments for the development of new Public Health Plans.

· Ensuring DoH provides resources and tools to assist the sector in the provision of Public Health Plans.

It is recommended that the passage of the Bill be supported and that WALGA advocacy focuses on the implementation aspects of the Public Health Bill 2014.

GVROC support WALGA Recommendation.

5.9 Bus Stop Infrastructure Partnership Agreement (05-001-03-0037MM)

WALGA Recommendation

That State Council endorse the attached Bus Stop Infrastructure Partnership Agreement.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.10 Interim submission to the ERA Draft Decision on the ATCO Gas Access Arrangement (05-042-02-0001 PS)

WALGA Recommendation

That:

1. The Association’s interim submission in response to the ERA’s Draft Decision on the Mid-West and South-West Gas Distribution System Access Arrangement be endorsed; and

2. The Association continue advocating to the State Government for the removal of tax recovery charges on Local Government capital contributions to providers of utility infrastructure.

GVROC COMMENT:

GVROC support WALGA Recommendation.

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils endorses all recommendations contained in the WALGA State Council Agenda other than those recommendations separately considered.

EN BLOC

RESOLUTION: Moved: Cr Rathbone Seconded: Cr Best

That the Goldfields Voluntary Regional Organisation of Councils endorses all recommendations contained in the WALGA State Council Agenda other than those recommendations separately considered.

CARRIED

4.4 Review of WALGA State Council Agenda - Matters for Noting/Information

6.1 Reform of the Federation (04-001-02-0001 WFS)

6.2 Proposed City of Perth Act (05-034-01-0018 TL)

6.3 Independent Review of the Liquor Control Act 1988: State Government Response (05-047-01-0007 MP)

6.4 Energy Efficient Street Lighting Discussion Paper (05-028-04-0006 CP)

6.5 Local Government and Coastal Land Use Planning Discussion Paper (05-028-03-0015 CP)

6.6 Community Development and Justice Standing Committee Report, Aged-friendly WA? A Challenge for Government (05-057-02-0051 CG)

6.7 Report Municipal Waste Advisory Council (MWAC) (01-006-03-0008 RNB)

4.5 Review of WALGA State Council Agenda - Organisational Reports

7.1 Key Activity Reports

7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-0017 MJB)

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

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

7.1.4 Report on Key Activities, Planning and Community Development (01-006-03-0014 AH)

4.6 Review of WALGA State Council Agenda - Policy Forum Reports

7.2 Policy Forum Reports

7.2.1 Metropolitan Reform Implementation Policy Forum

7.2.2 Country Reform Policy Forum

7.2.3 Mining Community Policy Forum

7.2.4 Container Deposit Legislation Policy Forum

7.2.5 Metropolitan Mayors Policy Forum

7.2.6 Waste Avoidance and Resource Recovery Act (2007) Review Policy Forum

7.2.7 Freight Policy Forum

4.7 WALGA President’s Report (Attachment)

Presenting the WALGA President’s Report

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils notes the following reports, either provided separately or as contained in the WALGA State Council Agenda:

§ WALGA Status Report;

§ Matters for noting/information;

§ Organisational reports;

§ Policy Forum reports; and

§ WALGA President’s Report.

EN BLOC

RESOLUTION: Moved: Cr Rathbone Seconded: Cr Best

That the Goldfields Voluntary Regional Organisation of Councils notes the following reports, either provided separately or as contained in the WALGA State Council Agenda:

§ WALGA Status Report;

§ Matters for noting/information;

§ Organisational reports;

§ Policy Forum reports; and

§ WALGA President’s Report.

CARRIED

5 AGENCY REPORTS

Nil

6. OTHER BUSINESS

Nil

7. URGENT BUSINESS as permitted by the Chair

7.1 The Management of Western Australia’s Freight Rail Network – Report of the Economics and Industry Standing Committee

The Chair advised that he had received a request from the Great Eastern Country Zone (GECZ) regarding the recently released report - Inquiry into the Management of Western Australia’s Freight Rail Network - and the Minister for Transport’s response which was tabled in Parliament last week.

A copy of the Minister’s response to the recommendations within the report and a newspaper article on the matter form attachments to the minutes of the meeting.

The GECZ has asked if GVROC could consider supporting it in the decision it made re the report, having resolved as shown below.

RESOLUTION: Moved: Cr Strange Seconded: Mr Powell

That the Great Eastern Country Zone write to the Minister for Transport to express its disappointment at the State Government response to the Legislative Assembly Economics and Industry Standing Committee Report No 3: Inquiry into the Management of Western Australia’s Freight Rail Network and further WALGA State Council be advised of this concern and requested to undertake discussions with the Minister for Transport to receive a response more aligned with the findings and recommendations of the Inquiry.

CARRIED

The GECZ’s overriding concerns are that the Minister seems in his response to most recommendations simply “towed” the Public Transport Authority line and given little or no consideration to the real issues that were outlined in the report.

The motion is intending to get WALGA more actively involved in discussing with the Minister how to address the overall concerns that have been identified in the report and to which the Minister’s response is considered short of the mark.

The GECZ has sought support from the metropolitan Zones that met last met last night and the matter will be considered by the Central Country Zone. A request for the Avon Midland Country Zone to consider the issue has also been made.

Mark Batty, WALGA’s Executive Manager Environment and Waste, advised that the matter had been considered by both the Central Metropolitan and North Metropolitan Zones when they met last night and the matter would be raised at next week’s State Council Meeting.

RESOLUTION: Moved: Cr Stewart Seconded: Cr Harris

That the Goldfields Voluntary Regional Organisation of Councils write to the Minister for Transport to express its disappointment at the State Government response to the Legislative Assembly Economics and Industry Standing Committee Report No 3: Inquiry into the Management of Western Australia’s Freight Rail Network and further WALGA State Council be advised of this concern and requested to undertake discussions with the Minister for Transport to receive a response more aligned with the findings and recommendations of the Inquiry.

CARRIED

7.2 Metropolitan Improvement Tax

The Chair sought comment from Member Councils on an article on this morning’s ABC News regarding the Government’s intention to extend the metropolitan improvement tax beyond the metropolitan region to rural and regional areas of Western Australia.

The Metropolitan Region Improvement Tax (MRIT) is an annual tax on land in the metropolitan region that is also liable for land tax.

MRIT collections are hypothecated to a trust fund for expenditure by the WA Planning Commission on road reserves, parks and recreation areas. It is collected under the Metropolitan Region Improvement Tax Act 1959 which is administered by the Commissioner of State Revenue.

Unpaid MRIT remains a first charge on the land.

The Chair commented that he believed that the issue was another example of cost shifting and should be resisted, believing that GVROC should request assistance from WALGA to raise the matter with the relevant Ministers.

RESOLUTION: Moved: Mr Crawford Seconded: Cr Harris

That the matter of the State Government’s intention to extend the metropolitan improvement tax beyond the metropolitan region to rural and regional areas of Western Australia be referred to WALGA with a request for WALGA to raise the matter with relevant Ministers.

CARRIED

7.3 Election of Deputy Chair for the Goldfields Voluntary Regional Organisation of Councils (GVROC)

The Chair advised that with the resignation of Rob Wedge from the Shire of Laverton an election would have to be held to elect a new Deputy Chair to GVROC.

The election will take place at the next in-person meeting of the GVROC to be held in Kalgoorlie on Friday 27 March 2015.

7.4 GRV Rating of Mining Interests

RESOLUTION: Moved: Mr Epis Seconded: Cr Williams

CARRIED

The Shire of Laverton advised that it had received a costing from its lawyers Kott Gunning on this matter and was seeking approval from GVROC to proceed with obtaining the legal opinion which would cost in the order of $6,000-8,000.

It was agreed that the Shire of Laverton should proceed to obtain the legal opinion.

The Chair also noted that the WALGA Mining Policy Forum would be meeting next week at which time the matter of GRV rating of mining interests would be further discussed.

7.5 Increases in Annual Rental on Mining Leases

The Shire of Leonora raised the matter of annual rental increases on Exploration Licences.

The Shire explained that the matter was one that extended back a number of years but the full extent of its implications was possibly not realised at that time.

The Shire requested that the Chair raise the matter at the WALGA Mining Policy Forum when it next meets.

The Chair agreed to do this, requesting that the Shire of Leonora provide him with more information on the matter and their concerns.

7.6 Cuts to Regional Road Group Funding

The Shire of Esperance raised the matter of cuts to road funding.

Peter Crawford, CEO Shire of Menzies, advised that the regional roads group had received advice on the matter.

It was agreed that the matter be further discussed at the next meeting of the Technical Officers Working Group Meeting to be held in Kalgoorlie on Friday 6 March 2015.

8. DATE, TIME AND PLACE OF NEXT MEETINGS

§ Friday 6 March 2015 – in-person meeting of the GVROC Technical Officers Working Group in Kalgoorlie

§ Friday 27 March 2015 - an in-person meeting of the GVROC Council in Kalgoorlie unless otherwise determined)

§ Friday 1 May 2014 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 7-8 May 2015

9. CLOSURE

Cr Harris advised that this was Pascoe Durtanovich’s last day with the Shire of Wiluna and the he would like to record the Shire appreciation for all his help during his time with the Shire.

There being no further business the Chair declared the meeting closed at 8.59am.

Item: 12.6.5

Attachment h.: Minutes - GVROC - Technical Officers Working Group - 6 March 2015

Technical Officers Working Group Meeting

Friday 6 March 2015

In-Person Meeting

Councillors Conference Room, City of Kalgoorlie-Boulder

MINUTES

CONTENTS

1. DECLARATION OF INTEREST. 3

2. OPENING AND ANNOUNCEMENTS. 3

3. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE. 3

3.1 Attendance. 3

3.2 Apologies. 3

4. GUEST SPEAKERS/PRESENTATIONS. 4

4.1 Meeting with Mr Shayne Flanagan, CEO Goldfields Esperance Development Commission (GEDC) 4

4.2 Meeting with Ms Mandi Mandy Warry, Manager Goldfields Tourism Network Association Inc 5

4.3 Meeting with Mr Shane Power, Main Roads WA (MRWA) (Attachment) 5

5. MINUTES OF MEETINGS. 6

5.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 5 December 2014 (Attachment) 6

5.2 Business Arising from a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 5 December 2014. 6

6. GVROC BUSINESS. 8

6.1 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – GVROC Solar PV Project and the GVROC LED Streetlight Project 8

6.2 Acquittal of the Regional Country Local Government Fund for the Goldfields Records Storage Facility – Possible Requirement to a Portion of the Allocated CLGF Funds. 11

6.3 Fuel Tax Credits. 13

6.4 WALGA’s Street Lighting Discussion Paper 14

6.5 Review of the GVROC MOU. 15

6.6 Closure of Bureau of Meteorology Weather Station – Shire of Laverton. 16

6.7 Women’s Leadership Program - Women’s Leadership Grant 17

6.8 GVROC Regional Equipment Pool – Purchase of a Stage. 18

6.9 Draft Arts and Culture Trail Plan. 19

6.10 Local Government Tender Panel 20

6.11 Goldfields-Esperance 2011-2021 Strategic Development Plan – GVROC’s Support for the Plan 22

6.12 econnect 23

7. LATE ITEMS as notified, introduced by decision of the Meeting. 24

7.1 Round 3 of the Green Army – GVROC Involvement for Cactus Eradication. 24

8. FUTURE MEETINGS/FUNCTIONS. 24

9. CLOSURE OF MEETING.. 24

Goldfields Voluntary Regional Organisation of Councils (GVROC)

An in-person meeting of the GVROC Technical Officers Working Group to be held Friday 6 March 2015 commencing at 8.40am

MINUTES

1. DECLARATION OF INTEREST

Pursuant to the Code of Conduct, Councillors and CEOs must declare to the Chairman any potential conflict of interest they may have in a matter before the Goldfields Voluntary Regional Organisation of Councils as soon as they become aware of it. Councillors, CEOs and Deputies may be directly or indirectly associated with some recommendations of the Goldfields Voluntary Regional Organisation of Councils. If you are affected by these recommendations, please excuse yourself from the meeting and do not participate in deliberations.

2. OPENING AND ANNOUNCEMENTS

3. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

3.1 Attendance

Mr Don Burnett (Chair) CEO, City of Kalgoorlie-Boulder

Mr Paul Webb CEO, Shire of Coolgardie

Mr Matthew Scott CEO, Shire of Esperance (via teleconference)

Mr Steve Deckert CEO Shire of Laverton

Mr Jim Epis CEO, Shire of Leonora

Mr Peter Crawford CEO Shire of Menzies

Ms Karen Oborn Deputy CEO, Shire of Menzies

Ms Helen Westcott, Joint Executive Officer

Mr Darren Wallace, Manager Engineering Services, City of Kalgoorlie-Boulder entered the meeting at 8.45am, departing at 8.57am

3.2 Apologies

Mr Richard Brookes, CEO Shire of Dundas

Mr Ian Fitzgerald, CEO Shire of Ravensthorpe

Ms Andrea, CEO Shire of Wiluna

Mr B Wittber, Joint Executive Officer

3.3 Guests

Mr Shayne Flanagan, CEO Goldfields Esperance Development Commission (via teleconference)

Ms Mandi Warry, Manager Goldfields Tourism Network Association Inc

Mr Shane Power, Regional Manager Main Roads WA Goldfields Esperance Region

4. GUEST SPEAKERS/PRESENTATIONS

4.1 Meeting with Mr Shayne Flanagan, CEO Goldfields Esperance Development Commission (GEDC)

The development of a digital action plan for the region has been under discussion for some considerable time, with Regional Development Australia Goldfields Esperance (RDAGE) providing funding of $20,000 to assist in the preparation of a plan.

At the Technical Officers Working Group Meeting held Friday 6 September 2014 following further discussion on how best to proceed in preparing a plan it was resolved as follows:

RESOLUTION: Moved: Jim Epis Seconded: Paul Webb

That the GVROC Technical Officer Working Group seek a meeting with the Goldfields Esperance Development Commission to discuss the implementation of a digital strategy and plan for the Goldfields Esperance region.

CARRIED

Shayne Flanagan, the GEDC’s CEO, will meet with Member Councils to discuss the development and implementation of a digital strategy for the region.

It should be noted that RDAGE has advised that is happy to work with GVROC in the development of a digital action plan for the region.

Mandi Warry entered the meeting at 9.0am

Shayne Flanagan entered the meeting via teleconference at 9.00am

Darren Wallace re-entered the meeting at 9.00am

Executive Officer Additional Comment:

A number of issues affecting Member Councils were discussed with Shayne Flanagan. Comments on each are provided below.

1. Preparation of a Digital Strategy for the Goldfields Esperance Region

The need for a digital strategy was reaffirmed.

Shayne Flanagan acknowledged that the GEDC had not been across the need for a regional digital strategy as it would have liked given its current commitment to completing the region’s blueprint.

In terms of digital connect for the region need to determine what is required – what is the region looking for?

A three way conversation between the GVROC, GEDC and the RDA Goldfields Esperance was needed.

2. Funding for Remote Indigenous Communities

Clarification on the possible use of Royalties for Regions (RfR) funding for the servicing of remote indigenous communities was being sought from the Minister for Regional Development’s Office. The extent to which RfR funding could be used is still to be determined.

3. Acquittal of the Regional Country Local Government Fund for the Goldfields Records Storage Facility – Possible Requirement to a Portion of the Allocated CLGF Funds

Shayne Flanagan advised that common sense would prevail with the shredder purchased for the Goldfields Records Storage Facility with CLGF funding remaining a part of the project and that GVROC would not have to pay for it out of its own resources.

Refer also to Item 6.2.

4. Draft Arts and Culture Trail Plan

Shayne Flanagan was aware of the concerns with the draft document, including the lack of consultation between the consultants and the City of Kalgoorlie-Boulder. This had been a point of discussion at GEDC Board level.

There will be further review of the draft prepared with an opportunity for others to provide comment.

Refer also to Item 6.9.

5. Regional Blueprint/Goldfields Revitalisation Fund

Under review – in terms of funding through the Goldfields Revitalisation Fund (GRF) the GEDC is still using the Goldfields-Esperance 2011-2021 Strategic Development Plan.

Shayne Flanagan provided an update on the approvals process for projects looking to be funded through the GFR.

4.2 Meeting with Ms Mandi Mandy Warry, Manager Goldfields Tourism Network Association Inc

At the Technical Officers Working Group Meeting held Friday 5 September 2014 Member Council had discussions with the City of Kalgoorlie-Boulder’s “roving ambassador”, Phil Chadd, regarding:

§ The 2015 Albany National Rally and how the region can gain some benefits; and

§ Becoming an RV Friendly region.

Following these discussions it was resolved as follows:

RESOLUTION: Moved: Ian Fitzgerald Seconded: Stephen Deckert

1. That the GVROC Technical Officers Working Group recommend to the GVROC Council that quotes be obtained for the Goldfields Tourism Network to attend the Campervan Motorhome Club of Australia 2015 anniversary and national rallies to represent the region and maximise visitors to the 2015 Campervan Motorhome Club of Australia rally in Albany.

2. That the GVROC Technical Officers Working Group action the finalisation of the region being designated a RV friendly region.

CARRIED

The Goldfields Tourism Network (GTN) provided a quote to attend the various rallies on GVROC’s behalf. The quote was accepted by GVROC just prior to Christmas last year.

The CEO City of Kalgoorlie-Boulder has invited Mandi Warry to meet with Member Councils to discuss arrangements for the rallies in both Murray Bridge and Albany.

Mandi Warry left the meeting at 9.16am

Discussions with Shayne Power (refer to Item 4.1) followed Mandi Warry’s departure from the meeting but the details are recorded in numerical sequence.

4.3 Meeting with Mr Shane Power, Main Roads WA (MRWA) (Attachment)

Pending cuts to regional road group funding have been the focus of recent discussions amongst GVROC’s Member Councils.

An invitation to Mr Shane Power from MRWA has been extended in order that Member Councils can seek answers from MRWA on this important matter.

A copy of a spreadsheet showing cuts to road funding across the region has previously been circulated by Peter Crawford, CEO Shire of Menzies. This forms an attachment to the meeting agenda.

Executive Officer Additional Comment

Prior to Shane Power entering the meeting Member Councils further considered the problems associated with the Pending cuts to regional road group funding.

There was general agreement that the figures provided by Main Roads WA were incorrect and required further investigation.

RESOLUTION: Moved: Peter Crawford Seconded: Jim Epis

That GVROC write to the State Advisory Committee to:

1. Advise that the figures used to calculate cuts to the Goldfield Esperance Region’s regional road group funding were inaccurate and request their urgent review; and

2. Request that a review of and improvement to the process for showing actual expenditure for road works be undertaken.

CARRIED

Shane Power entered the meeting at 9.30am

Shane Power left the meeting at 10.00am

Darren Wallace left the meeting at 10.00am

Shayne Flanagan left the meeting at 10.25am

The meeting adjourned for meeting tea at 10.25am

The meeting resumed at 10.48am

5. MINUTES OF MEETINGS

5.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 5 December 2014 (Attachment)

Minutes of the GVROC Technical Officers Working Group Meeting held Friday 5 December 2014 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the Meeting of the GVROC Technical Officers Working Group held Friday 5 December 2014 be confirmed as a true and correct record of proceedings.

RESOLUTION: Moved: Peter Crawford Seconded: Jim Epis

That the Minutes of the Meeting of the GVROC Technical Officers Working Group held Friday 5 December 2014 be confirmed as a true and correct record of proceedings.

CARRIED

5.2 Business Arising from a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 5 December 2014

6.1 Presentation on the Communication System “Whispir”

RESOLUTION: Moved: Richard Brooks Seconded: Matthew Scott

That representatives from Telstra be invited to a meeting of the GVROC Technical Officers Working Group to demonstrate on the communication system “Whispir”.

CARRIED

The Executive Officer has yet to arrange this meeting.

6. GVROC BUSINESS

6.1 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – GVROC Solar PV Project and the GVROC LED Streetlight Project

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 4 March 2015

Attachments: Revised Draft Funding Agreement with Horizon Power

Cash flow projection spreadsheet for the GVROC LED Streetlight Project

Background:

RESOLUTION: Moved: Cr Cullen Seconded: Cr Petz

That for the 2012/2013 round of regional CLGF funding, the Goldfields Voluntary Regional Organisation of Councils:

a) Retro-fitting of lighting and renewable energy power generation;

b) Regional waste management;

c) Norseman gateway project; and

d) A project for the Shires of Laverton and Ngaanyatjarraku (still to be determined); and

CARRIED

The Shires of Ravensthorpe and Wiluna had committed their CLGF funds to projects with other regional neighbours. The Shire of Ngaanyatjarraku is not participating either in this project.

As Lead Council, the City of Kalgoorlie-Boulder has provided regular reports on getting approval for the project.

The matter was discussed further at the GVROC Council Meeting held in Esperance on Friday 30 January 2015, with Member Councils resolving as follows:

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Rathbone

CARRIED

Executive Officer Comment:

The signing of the Agreement is still not possible because the issue of tax liability for “gifted assets” has yet to be resolved. This is despite considerable effort on the part of the City of Kalgoorlie-Boulder.

A revised agreement for the retrofit project forms an attachment to the meeting agenda as does a cash flow projection spreadsheet.

The City has advised that it is important the agreement is endorsed.

The CEO City of Kalgoorlie-Boulder will provide and update on the project.

Executive Officer Additional Comment:

Don Burnett provided the following update on GVROC two regional CLGF projects:

LED Streetlights Project

§ Project has been suspended by CEEP, pending resolution of gifted asset tax issue;

§ Gifted asset tax issue has been escalated to Minister Mike Nahan’s office and has been sitting with the Minister since January;

§ Contact was made with the Minister’s office on Tuesday 4 March 2015 and assurance was given that outcome would be finalised by the end of next week;

§ Wendy Duncan MLA, member for Kalgoorlie has been working on securing a positive outcome for GVROC on the “gifted tax” issue – she is hopeful that the tax will not be imposed on the GVROC project;

§ Horizon Power funding agreement must be signed before LED lights can be ordered; and

§ Once funding agreement is signed, lights will be ordered and project can commence, pending resolution of gifted asset tax issue.

Don Burnett also tabled a summary of estimated project cashflow for the GVROC streetlights project. A copy of the spreadsheet forms an attachment to the minutes of the meeting.

Solar PV Project

§ Project management has been awarded to Enigin;

§ Information is being gathered for various shire facilities to inform request for tender documents;

§ Individual tenders will be written for each shire to ensure local installers are able to tender;

§ Once all information received, request for tender documents will be drafted and released publicly, aiming for mid-April; and

§ Commencement of system construction aimed for June.

Matthew Scott reported that advice he had been given from Horizon Power representatives in Esperance was contrary to the advice provided by Wendy Duncan.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Jim Epis Seconded: Peter Crawford

That GVROC Technical Officers Working Group recommend to the GVROC Council that:

1. In the event of no response from the Minister for Energy’s office regarding the “gift tax” issue for the GVROC street lighting project the GVROC Chair seek an urgent meeting with the Minister for Energy; and

2. An invitation be extended to the Chair and CEO of Horizon Power to discuss the problems being experienced across the region relating to the cost to Member Councils for work undertaken by Horizon Power.

CARRIED

6.2 Acquittal of the Regional Country Local Government Fund for the Goldfields Records Storage Facility – Possible Requirement to a Portion of the Allocated CLGF Funds

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 23 January 2015

Attachments: Nil

Background:

At the GVROC Council held in Esperance in Esperance on Friday 30 January 2015 the City of Kalgoorlie-Boulder provided a report on the implications of this request with a number of options presented in which the matter can be handled.

Following discussion, GVROC Council resolved as follows:

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Norman

That the GVROC meet with the Department of Regional Development with the assistance of WALGA to pursue the inclusion of the shredder as an operational expense under the Country Local Government Fund.

CARRIED

Executive Officer Comment:

A meeting with the Department of Regional Development has still to be arranged. Since the January GVROC Council Meeting, however, the GEDC has been working on the GVROC’s behalf to find a resolution to this problem.

Comment on the matter will be sought from Mr Shayne Flanagan the GEDC’s CEO.

Executive Officer Additional Comment:

Don Burnett advised that GVROC is likely to be given approval to use CLGF funds for the purchase of the shredder for the Goldfields Records Storage Facility. A report will have to be prepared for GVROC Council on the matter, including any expenditure that GVROC might be required to meet to cover the costs associated with the purchase of non-fixed assets not covered by CLGF funding.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Steve Deckert Seconded: Peter Crawford

That a report detailing steps to finalise the acquittal for the CLGF project regarding the purchase of the shredder and non-fixed assets for the Goldfields Records Storage Facility be prepared for the next meeting of the GVROC Council.

CARRIED

RESOLUTION: Moved: Jim Epis Seconded: Steve Deckert

That the GVROC Technical Officers Working Group recommends to the GVROC Council that an invitation be extended to the Department of Regional Development’s recently appointed Director General, Mr Ralph Addis.

CARRIED

6.3 Fuel Tax Credits

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 3 March 2015

Attachments: Nil

Background:

Late last year the Executive Officer received email correspondence from Mr Ian Trestrail of AIT Specialists Pty Ltd. A WALGA Preferred Supplier, AIT Specialists Pty Ltd is a company which specialises in the recovery of missed fuel tax credits for Local Government.

When the GVROC considered AIT’s request on Friday 30 January 2015 it resolved as follows:

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Stewart

That the matter be noted and referred to the Technical Officer Working Group.

CARRIED

Executive Officer Comment:

The Executive Officer seeks direction from the Technical Officers Working Group as to whether it wants do anything further with AIT’s request.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for discussion.

Noted

6.4 WALGA’s Street Lighting Discussion Paper

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 3 March 2015

Attachments: GVROC discussion paper

Background:

On Friday 7 November 2014 WALGA released a discussion paper investigating energy efficient street lighting.

Executive Officer Comment:

The Executive Officer has collated information collected from Member Councils into a draft submission on the WALGA discussion paper for consideration by the GVROC Council.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the draft submission, subject to any amendments made, be endorsed and provided to WALGA.

RESOLUTION: Moved: Paul Webb Seconded: Peter Crawford

That the draft submission, subject to any amendments made, be endorsed and provided to WALGA.

CARRIED

6.5 Review of the GVROC MOU

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 3 March 2015

Attachments: GVROC MOU for period 1 July 2010 to 30 June 2011

Background:

The current GVROC MOU expires on 30 June 2015.

A review of the MOU has not been undertaken since 2010 when the last MOU was drawn up. The current MOU was extended without review when the GVROC Council met on Friday 28 June 2013.

At the GVROC Council meeting held in Esperance on Friday 30 January 2015 the Executive Officer advised that a review of the MOU should be undertaken, with GVROC Council resolving as follows:

RESOLUTION: Moved: Cr Williams Seconded: Cr Heasman

That the GVROC Technical Officers Working Group review the GVROC MOU with a report to be prepared for consideration at the next in-person meeting of the GVROC Council.

CARRIED

Executive Officer Comment:

No further comment required.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Steve Deckert Seconded: Paul Webb

That the GVROC Technical Officers Working Group recommend to the GVROC Council that the GVROC MOU be:

1. Resigned without amendment; and

2. Reviewed every two years after the local government elections, with the next review of the MOU to be undertaken in October 2017.

CARRIED

6.6 Closure of Bureau of Meteorology Weather Station – Shire of Laverton

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 16 February 2015

Attachments: Review of Aerodrome Forecast Services for the Aviation Industry. Final Report

Review of Aerodrome Forecast Services for the Aviation Industry. Implementation Report

Review of Aerodrome Forecast Services for the Aviation Industry. Questions and Answers

Background:

At the GVROC Council Meeting held in Esperance on Friday 30 January 2015 the Shire of Laverton advised the meeting that it had received advice from the Bureau of Meteorology that the Laverton Weather Station will be closed.

Following discussion on the matter, GVROC Council resolved as follows:

RESOLUTION: Moved: Cr Hill Seconded: Cr Rathbone

CARRIED

Executive Officer Comment:

As yet the Executive Officer has not prepared correspondence to the Bureau of Meteorology because the Shire of Laverton has provided further information on the subject.

This information forms attachments to the meeting agenda.

The Shire of Laverton will provide further comment on this matter.

Executive Officer Additional Comment:

Steve Deckert advised that the Shire of Laverton was seeking clarification on the closure of weather forecasting services. It appeared that the airline companies will be more affected than residents by any changes to be implemented. The Shire will provide more information on the matter to Member Councils as it becomes available.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

Noted

6.7 Women’s Leadership Program - Women’s Leadership Grant

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 28 January 2015

Attachments: Proposal for Women’s Leadership Program

Background:

The Department of Local Government and Communities is offering grants up to $5000 for Local Governments to fund initiatives that promote and encourage women’s leadership. The grant is targeted specifically at Local Governments and Community Groups.

Applications for funding the Women’s Leadership Grant Program close on Thursday 12 March 2015.

Executive Officer Comment:

The City of Kalgoorlie-Boulder has prepared a project brief and costing to participate for consideration by Member Councils. A copy of the project forms an attachment to the meeting agenda.

The Executive Officer believes the proposal is worthy of consideration.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Jim Epis Seconded: Steve Deckert

That the City of Kalgoorlie-Boulder prepare two applications, on GVROC’s behalf, for funding from the Women’s Leadership Grant Program, with one application to cover the northern sector and the other the southern sector. The northern sector project will be coordinated by the City of Kalgoorlie-Boulder and the southern sector project by the Shire of Esperance.

CARRIED

6.8 GVROC Regional Equipment Pool – Purchase of a Stage

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 3 February 2015

Attachments: Nil

Background:

The City of Kalgoorlie-Boulder has been investigating the possible purchase of staging equipment through the GVROC Regional Equipment Pool, with the stage to be available to all GVROC Member Councils should there be agreement that a stage is required.

The City has done a considerable amount of “leg work” into determining the viability of purchasing a stage over the hiring of staging equipment from a local equipment hire firm.

Executive Officer Comment:

From the internal reports prepared by the City of Kalgoorlie-Boulder’s staff the Executive Officer believes there is merit in GVROC investigating the purchase of a stage and the associated equipment required to service and transport the stage from site to site.

Before consideration can be given to supporting the purchase of such equipment the Executive Officer believes that a report detailing purchase cost, maintenance costs etc should be prepared for consideration by GVROC as part of its 2015/2016 budget process.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Peter Crawford Seconded: Steve Deckert

That the City of Kalgoorlie-Boulder provide further information to Member Councils on the size of the stage and requirements for assembly to allow Member Councils to determine whether they wish to purchase the stage.

CARRIED

6.9 Draft Arts and Culture Trail Plan

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 17 February 2015

Attachments: Draft Arts and Culture Trail Plan for the Goldfields-Esperance Region

Background:

A draft Arts and Culture Trail Plan for the Goldfields-Esperance Region has been released for comment. Commissioned by the GEDC, and prepared by Tracker Development, the plan outlines recommendations based on research and consultation feedback for the development of an Arts and Cultural Trail for the region, stretching from the WA/NT border through the Ngaanyatjarraku Lands and Northern Goldfields, to Kalgoorlie and Esperance and finishing at Hopetoun.

The concept of an Arts and Cultural Trail has been discussed for many years and consultations held in 2013-2014 through workshops and electronic surveys revealed significant support for the trail.

The draft plan recommends that the trail be a predominantly an online resource, with almost all content managed, accessed, marketed and distributed via a website and online database.

The source of funding for the trail has not yet been identified in the plan.

Executive Officer Comment:

Comment on the draft Plan is sought from Member Councils, with discussion on whether GVROC should provide a regionally focussed response to the consultants.

Consultation: Nil

Voting Requirement: Simple majority

Noted

6.10 Local Government Tender Panel

Reporting Officer: Paul Webb, Don Burnett, CEO Shire of Coolgardie

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 19 February 2015

Attachments: Nil

Background:

The CEO Shire of Coolgardie has been advised by the Western Australian Local Government Association (WALGA), that panel tenders by local government are not appropriate.

The Shire of Coolgardie believes that Panel tenders serve a very useful role in small local government, particularly in servicing of works to the community when there a limited numbers of contractors available. In reference to the Shire of Coolgardie, acceptance of a single tender by a contractor in Coolgardie, would effectively render work in Kambalda impossible, and vice versa. Also, providing all work to any one contractor could very possibly end viability for a business in our Shire. There is also the understanding that some contractors are better, or specialised in a particular area of work, any may not be able to offer all works in their field.

Panel contract for maintenance or small works, enable verification of needed documentation by the available contract pool, enable speedy undertaking of works, facilities use of a larger pool of contractors, and their area of skill.

The Shire of Coolgardie believes that the loss of panel contract would not have as significant impact on a major urban area, but does create significant problems for regional locations.

The Shire seeks GVROC’s to request investigation by WALGA, on reinstatement of a panel contract for local government. WALGA already appear to be running a panel contract system under the preferred supplier program already, which can by identified by the supply of the same service by a number of contractors. Explanation of this provision of service to the GVROC would be useful, so the same system could be implemented by Local Government for provision of local services. It is not the intent of this document to undermine the WALGA panel contract system which is of benefit to all Local Government.

Executive Officer Comment:

No further comment required.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils write to the Western Australian Local Government Association, requesting information on the following in relation to panel contracts:

1. What legislation obstructs Local Government from running a panel contract system;

2. What legislation enables the Western Australian Local Government Association to run a panel contract system; and

3. How can the Western Australian Local Government Association fast track research into implementing a panel contract system into Local Government?

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Paul Webb Seconded: Peter Crawford

That the GVROC Technical Officers Working Group recommend to the GVROC Council that GVROC write to the Department of Local Government and Communities to clarify the issue panel contracts and the capacity for a local government to call and award panel contracts.

CARRIED

6.11 Goldfields-Esperance 2011-2021 Strategic Development Plan – GVROC’s Support for the Plan

Reporting Officer: Paul Webb, Don Burnett, CEO Shire of Coolgardie

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 19 February 2015

Attachments: Nil

Background:

The Shire of Coolgardie is seeking GVROC;s continuing support for the Goldfields-Esperance 2011-2021 Strategic Development Plan, which was created in conjunction with the Goldfields Esperance Development Commission, Regional Development Australia – Goldfields Esperance and the Goldfields Voluntary Regional Organisation of Councils.

The Shire of Coolgardie has been progressing development of planning based on the Goldfields Esperance Strategic Development Plan, and the Councils own Strategic Plan 2012-2021. It would appear that State Departments have also been progressing their own reports being the Goldfields-Esperance Regional Planning and Infrastructure Framework, and the Goldfields Regional Blueprint.

This officer has written to the Western Australian Planning Commission (WAPC) and the Goldfields Esperance Development Commission (GEDC) indicating concerns with these reports, particularly, that they do not appear to correspond with the Goldfields-Esperance Strategic Development Plan. It would appear that no consideration was given to regional needs or inaccuracies in data in compiling the state reports, and despite written requests for clarification or rectification of inaccuracy, no reply has been received by this office.

It would appear now that State Departments have created the Regional Blueprint, and although it is inaccurate, this document is being used as the development template for the region.

The Shire of Coolgardie seeks support from GVROC’s Member Councils to reaffirm its support for the Goldfields-Esperance 2011-2021 Strategic Development Plan.

Executive Officer Comment

No further comment at this time.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils reaffirm support for the Goldfields Esperance 2011-2021 Strategic Development Plan, prepared in partnership by the Goldfields Esperance Development Commission, Regional Development Australia Goldfields Esperance and the Goldfields Voluntary Regional Organisation of Councils.

RESOLUTION: Moved: Paul Webb Seconded: Matthew Scott

That the GVROC Technical Officers Working Group recommend to the GVROC Council that GVROC:

1. Reaffirm its support for the Goldfields Esperance 2011-2021 Strategic Development Plan, prepared in partnership by the Goldfields Esperance Development Commission, Regional Development Australia Goldfields Esperance and the GVROC;

2. Request the Goldfields Esperance Development Commission as part of its review of the Goldfields Esperance Blueprint use Member Councils’ Community Strategic Plans and the Goldfields Esperance 2011-2021 Strategic Development Plan as informing documents in preparing the Blueprint.

CARRIED

6.12 econnect

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 23 February 2015

Attachments: Nil

Background:

The Shire of Leonora has requested a discussion on the econnect program offered by LGMA WA as it is something that the Shire of Leonora would be interested in learning more about.

The Shire has suggested that perhaps a presentation/demonstration of the product could be requested, with an invitation extended to a representative from LGMA to attend a meeting of the Technical Officers Working Group in order that the demonstration of the program can be provided.

Executive Officer Comment:

econnect is an online learning service developed by LGMA WA with funding support from the Departments of Local Government and Communities and Regional Development through Royalties for Regions.

The LGMA’s website lists the benefits of participating in the econnect program, including that:

§ econnect is written specifically for WA requirements by WA local government practitioners;

§ everything you need is available in one easy-to-use online training resource;

§ cost saving way to study - – learn from your desk or at home;

§ econnect is a self-paced learning program;

§ econnect is based on an e-book format – PowerPoint presentation with voice-over – with a variety of multimedia add-ons to enrich the experience, with lots of case studies and examples;

§ all content is reviewed and updated regularly to ensure content, especially case studies, is current, relevant and fresh; and

§ a local government pays an annual membership fee for unlimited access for staff and elected members.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That an invitation be extended to LGMA WA to meet with the GVROC Technical Officers Working Group to explain the benefits of participating in the econnect online learning program.

RESOLUTION: Moved: Jim Epis Seconded: Peter Crawford

That an invitation be extended to LGMA WA to meet with the GVROC Technical Officers Working Group to explain the benefits of participating in the econnect online learning program.

At this point the meeting returned to Item 6.1 but the details are recorded in numerical sequence.

7. LATE ITEMS as notified, introduced by decision of the Meeting

7.1 Round 3 of the Green Army – GVROC Involvement for Cactus Eradication

Paul Webb sought support from Member Councils in lodging a submission for funding from the Green Army Project, with Round 3 having opened. Applications for projects under Round 3 of the programme close on 17 March 2015. The Shire of Coolgardie had been looking to lodge an application for funding to assist in the eradication of prickly pear cactus.

Peter Crawford noted that a number of GVROC’s Member Councils were already working with Goldfields Nullarbor Rangelands Biosecurity Association Inc (GNRBA) on eradicating prickly pear cactus. It could be possible to work with GNRBA on preparing an application for Green Army funding.

It was agreed that the Shire of Menzies would approach the GNRBA on the potential to prepare a joint application for Green Army funding with GVROC for the eradication of prickly pear cactus.

8. FUTURE MEETINGS/FUNCTIONS

Friday 27 March 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined)

Friday 1 May 2014 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 7-8 May 2015

Friday 15 May 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined)

Friday 19 June 2015 – an in-person meeting of the GVROC Council at which the WALGA State Council Agenda for the State Council meeting to be held Wednesday 1 July 2015 will also be considered (in Kalgoorlie unless otherwise determined)

Friday 10 July 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined)

Wednesday 5 August 2015 – an in-person meeting of the GVROC Council in Perth (venue to be determined)

Friday 28 August 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 3-4 September 2015

Friday 4 September 2015 – an in-person meeting of the GVROC Technical Officers Working Group (venue to be determined)

Thursday 8 October 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined)

Friday 27 November 2015 – an in-person meeting of the GVROC Council at which the WALGA State Council Agenda for the State Council meeting to be held Wednesday 3 December 2015 will also be considered. Elections must also be held at this time (in Kalgoorlie unless otherwise determined);

Friday 4 December 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined)

Friday 29 January 2016 – an in-person meeting of the GVROC Council in Esperance

9. CLOSURE OF MEETING

There being no further business the Chair declared the meeting closed at 11.47am

Item: 12.6.5

Attachment i.: Minutes - GVROC - 4 May 2015

Council Meeting

Monday 4 May 2015

In-Person Meeting

Councillors Conference Room

City of Kalgoorlie-Boulder

MINUTES

CONTENTS

1. DECLARATION OF INTEREST. 3

2. OPENING AND ANNOUNCEMENTS. 3

3. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE. 3

3.1 Attendance. 3

3.2 Apologies. 4

3.3 Guests. 4

4. Election of Deputy Chair to the Goldfields Voluntary Regional Organisation of Councils. 5

5. GUEST SPEAKERS/PRESENTATIONS. 6

5.1 Ms Janice Kendall Goldfields, Manager Policy and Projects Goldfields Esperance Development Commission (GEDC) to Discuss the Arts and Culture Trail Plan for the Goldfields-Esperance Region (8.45am) 6

5.2 Mr Tony Brown, Executive Manager Governance and Strategy WALGA – Review of the WALGA Strategic Plan 2015-2020. 6

6. MINUTES OF MEETINGS. 7

6.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Friday 30 January 2015 (Attachment) 7

6.2 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Friday 27 February 2015 (Attachment) 7

6.3 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 6 March 2015 (Attachment) 7

6.4 Business Arising from Meetings of the Goldfields Voluntary Regional Organisation of Councils (GVROC) - GVROC Status Report as at 28 April 2015 (Attachment) 8

6.5 Matters for Noting (Attachments) 8

7. GVROC FINANCE. 9

7.1 Financial Statements for the period ending 31 March 2015 and Accounts for Payment (Attachment) 9

8. GOLDFIELDS RECORDS STORAGE FACILITY - FINANCE AND OTHER MATTERS. 11

8.1 Financial Statement for the Period ending 31 March 2015 (Attachment) 11

8.2 Progress Report for Goldfields Records Storage Facility for the Period Ending 31 December 2014 12

8.3 Acquittal of the Regional Country Local Government Fund for the Goldfields Records Storage Facility – Possible Requirement to Return a Portion of the Allocated CLGF Funds. 13

9. GVROC BUSINESS. 15

9.1 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – GVROC Solar PV Project and the GVROC LED Streetlight Project 15

9.2 Review of the GVROC MOU. 17

9.3 GRV Rating of Mining Interests. 18

9.4 Women’s Leadership Program - Women’s Leadership Grant 20

9.5 Arts and Culture Trail Plan for the Goldfields-Esperance Region. 21

9.6 Local Government Tender Panel 22

9.7 Goldfields-Esperance 2011-2021 Strategic Development Plan – GVROC’s Support for the Plan 24

9.8 Provision of Municipal Services in Aboriginal communities. 26

9.9 GVROC Regional Equipment Pool 29

9.10 WALGA’s Strategic Plan 2015-2020. 30

10. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS. 31

11. LATE ITEMS as notified, introduced by decision of the Meeting. 35

11.1 GVROC Budget for 2015/2016. 35

11.2 Development of a Nuclear Waste Dump Site. 35

12. FUTURE MEETINGS/FUNCTIONS. 35

13. CLOSURE OF MEETING.. 36

Goldfields Voluntary Regional Organisation of Councils (GVROC)

An in-person meeting of the GVROC Council held Monday 4 May 2015 commencing at 8.31am.

MINUTES

1. DECLARATION OF INTEREST

Pursuant to the Code of Conduct, Councillors and CEOs must declare to the Chairman any potential conflict of interest they may have in a matter before the Goldfields Voluntary Regional Organisation of Councils as soon as they become aware of it. Councillors, CEOs and Deputies may be directly or indirectly associated with some recommendations of the Goldfields Voluntary Regional Organisation of Councils. If you are affected by these recommendations, please excuse yourself from the meeting and do not participate in deliberations.

2. OPENING AND ANNOUNCEMENTS

In opening the meeting at 8.31am the Chair welcomed everyone in attendance, in particular Ms Janice Kendall, Goldfields Manager, Policy and Projects GEDC and Mr Tony Brown, Executive Manager Governance and Strategy WALGA.

3. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

3.1 Attendance

Mayor Ron Yuryevich (Chair) Mayor, City of Kalgoorlie-Boulder

Mr Don Burnett CEO, City of Kalgoorlie-Boulder

Mr Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

(entered the meeting at 10.10am and left at 10.41am)

Cr Mal Cullen President, Shire of Coolgardie

Mr Paul Webb (entered the meeting at 8.41am) CEO, Shire of Coolgardie

Cr Malcolm Heasman President, Shire of Esperance

Cr Beverley Stewart Councillor, Shire of Esperance

Mr Matthew Scott CEO, Shire of Esperance

Cr Patrick Hill President, Shire of Laverton

Cr Shaneane Weldon Deputy President Shire of Laverton

Mr Steven Deckert CEO, Shire of Laverton

Mr Jim Epis CEO, Shire of Leonora

Cr Greg Dwyer President, Shire of Menzies

Mr Peter Crawford CEO, Shire of Menzies

Mr Ian Fitzgerald CEO, Shire of Ravensthorpe

Cr Graham Harris Deputy President, Shire of Wiluna

Ms Andrea Nunan CEO, Shire of Wiluna

Mr Bruce Wittber, Joint Executive Officer

Cr Patrick Hill introduced Cr Shaneane Weldon the new Deputy President Shire of Laverton and advised that Cr Weldon had also been appointed a delegate to the GVROC.

3.2 Apologies

Cr Jacquie Best, President Shire of Dundas

Mr Richard Brookes, CEO Shire of Dundas

Cr Peter Craig, President Shire of Leonora

Cr Beverley Thomas, Deputy President Shire of Ngaanyatjarraku

Cr Preston Thomas, Councillor Shire of Ngaanyatjarraku

Cr Ian Goldfinch, Councillor Shire of Ravensthorpe

Cr Jim Quadrio, President Shire of Wiluna

Ms Helen Westcott, Joint Executive Officer

3.3 Guests

Ms Janice Kendall, Goldfields Manager, Policy and Projects GEDC

3.4 WALGA Representative

Mr Tony Brown, Executive Manager Governance and Strategy

4. Election of Deputy Chair to the Goldfields Voluntary Regional Organisation of Councils

Reporting Officer: Bruce Wittber, Executive Officer/Returning Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: Nil

As Member Councils will be aware Rob Wedge resigned as Councillor and Deputy President at the Shire of Laverton in February of this year. In his capacity as a Councillor, Rob had been elected Deputy Chair of the Goldfields Voluntary Regional Organisation of Councils (GVROC). His resignation from the Shire of Laverton means that the position of Deputy Chair is vacant and an election must be conducted to fill the position until January 2016 when elections for both the Chair and Deputy Chair will be conducted.

Nominations for the position of Deputy Chair will be called from the floor at the meeting.

The procedure for the conduct of this election will be as follows:

§ Prior to the ballot, nominees (should there be more than one nomination) for each position will be extended the opportunity to provide a two minute election bid to delegates;

§ The ballot will conducted as a secret ballot;

§ Each voting delegate to the GVROC will be entitled to cast one (1) vote in the ballot process, with the “first past the post” method of election being used; and

§ The candidate with the greater number of votes will be elected.

In the event of a tie between two candidates a second ballot will be conducted immediately.

Should the second ballot also be a tie, lots will be drawn and the name drawn first will be the successful candidate.

Chair invited nominations for the position of Deputy Chair

Cr Cullen was nominated by Cr Harris

Cr Cullen accepted the nomination

Cr Cullen was declared elected

RESOLUTION Moved: Cr Harris Seconded: Cr Hill

That Cr Malcolm Cullen, President Shire of Coolgardie be elected to the position of Deputy Chair GVROC.

CARRIED

5. GUEST SPEAKERS/PRESENTATIONS

5.1 Ms Janice Kendall Goldfields, Manager Policy and Projects Goldfields Esperance Development Commission (GEDC) to Discuss the Arts and Culture Trail Plan for the Goldfields-Esperance Region (8.45am)

The GEDC met with GVROC last year to discuss the development of the Goldfields Esperance Arts and Culture Trail. The GEDC has requested time to provide Member Councils with an update on the Trail Plan.

A Trail Plan has been developed, with the Goldfields Tourism Network Association (GTNA) the agreed organisation to take on this project. Janice Kendall, the GEDC’s Manager Policy and Projects, will provide Member Councils with an update on the Trail Plan’s development.

Refer also to agenda item 9.5.

8.55am Ms Janice Kendall left the meeting

5.2 Mr Tony Brown, Executive Manager Governance and Strategy WALGA – Review of the WALGA Strategic Plan 2015-2020

GVROC has been invited by WALGA to assist in the development of the next iteration of its Strategic Plan which will cover the period 2015-2020.

Specifically WALGA is seeking comment from GVROC on the following issues:

§ What activities or services should WALGA continue;

§ What activities or services should WALGA stop;

§ What activities or services should WALGA commence; and

§ Any other comments on GVROC’s relationship with WALGA.

Mr Tony Brown, WALGA’s Executive Manager Governance and Strategy, has been invited to meet with GVROC Council to outline the work being undertaken in completing the review of WALGA’s Strategic Plan and seek input from GVROC Council as part of this review process.

A copy of the 2010-2015 Strategic Plan and a schedule of core functions undertaken by WALGA form attachments to the meeting agenda.

Refer also to agenda item 9.10.

6. MINUTES OF MEETINGS

6.1 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Friday 30 January 2015 (Attachment)

Minutes of the GVROC Council Meeting held Friday 30 January 2015 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the GVROC Council Meeting held Friday 30 January 2015 be confirmed as a true and correct record of proceedings.

RESOLUTION: Moved: Cr Heasman Seconded: Cr Stewart

That the Minutes of the GVROC Council Meeting held Friday 30 January 2015 be confirmed as a true and correct record of proceedings.

CARRIED

6.2 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) held Friday 27 February 2015 (Attachment)

Minutes of the GVROC Council Meeting held Friday 27 February 2015 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the GVROC Council Meeting held Friday 27 February 2015 be confirmed as a true and correct record of proceedings.

RESOLUTION: Moved: Mr Epis Seconded: Cr Harris

That the Minutes of the GVROC Council Meeting held Friday 27 February 2015 be confirmed as a true and correct record of proceedings.

CARRIED

6.3 Minutes of a Meeting of the Goldfields Voluntary Regional Organisation of Councils (GVROC) Technical Officers Working Group held Friday 6 March 2015 (Attachment)

Minutes of the GVROC Technical Officers Working Group Meeting held Friday 6 March 2015 have been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the Meeting of the GVROC Technical Officers Working Group held Friday 6 March 2015 be received.

RESOLUTION: Moved: Cr Dwyer Seconded: Cr Stewart

That the Minutes of the Meeting of the GVROC Technical Officers Working Group held Friday 6 March 2015 be received.

CARRIED

6.4 Business Arising from Meetings of the Goldfields Voluntary Regional Organisation of Councils (GVROC) - GVROC Status Report as at 28 April 2015 (Attachment)

RECOMMENDATION:

That the GVROC Status Report as presented be received.

RESOLUTION: Moved: Cr Hill Seconded: Cr Harris

That the GVROC Status Report as presented be received.

CARRIED

6.5 Matters for Noting (Attachments)

The following papers are presented for noting:

§ Minutes from the Goldfields Esperance District Emergency Management Committee Meeting held Tuesday 10 March 2015;

§ Shire of Esperance – Local Emergency Management Arrangements;

§ Goldfields Digital Television Conversion Project (2011-12) - Final Report including Audit (2703); and

§ Hon Bill Marmion, BE MBA MLA - Public urged to bust red tape for a better WA. Media statement released 30 March 2015.

RECOMMENDATION:

That the papers detailed in Item 6.5 be noted.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Hill

That the papers detailed in Item 6.5 be noted.

CARRIED

7. GVROC FINANCE

7.1 Financial Statements for the period ending 31 March 2015 and Accounts for Payment (Attachment)

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: GVROC Statement of Financial Position as at 31 March 2015

Background:

Presenting the unaudited financial statement for the period 1 July 2014 to 31 March 2015 and the accounts for payment for the period 17 January to 24 April 2015.

Financial Statement:

The Executive Officer provides the following comment:

1. Account 501 - Members subscriptions – all paid;

2. Account 502 – Members subscriptions Goldfields District Display – see previous note;

3. Account 512 - Project General Contributions;

5. Account 1836 – Sponsorship Goldfields District Display – expenditure to assist the preparation of the Royal Show District Display; and

Accounts Paid:

Cheque	Date	Payee	For	Amount incl GST
EFT	220115	Up to Date Accounting	Accounting Services – December 2014	66.00
EFT	220115	Australian Taxation Office	December 2014 BAS	2,787.00
EFT	160215	Up to Date Accounting	Accounting Services – January 2015	264.00
EFT	160215	BHW Consulting	Professional Services July 2014,	4,170.38
EFT	100315	Up to Date Accounting	Accounting Services – February 2015	158.40

TOTAL $7,445.78

RECOMMENDATION:

1. That the Statement of Financial Position for the period ending 31 March 2015, as attached, be received.

2. That the Accounts Paid for the period 17 January 2015 to 24 April 2015 totalling $7,445.78 be approved.

RESOLUTION: Moved: Cr Heasman Seconded: Cr Harris

1. That the Statement of Financial Position for the period ending 31 March 2015, as attached, be received.

2. That the Accounts Paid for the period 17 January 2015 to 24 April 2015 totalling $7,445.78 be approved.

CARRIED

8. GOLDFIELDS RECORDS STORAGE FACILITY - FINANCE AND OTHER MATTERS

8.1 Financial Statement for the Period ending 31 March 2015 (Attachment)

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Yvette Hargreaves, Manager Goldfields Records Storage Facility

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 23 April 2015

Attachments: Unaudited financial statement for the period ending 31 March 2015

Executive Officer Comment:

Nil

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the Statement of Financial Position for the period ending 31 March 2015, as attached, be received.

Refer to Item 8.2 of the meeting agenda

8.2 Progress Report for Goldfields Records Storage Facility for the Period Ending 31 December 2014

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Yvette Hargreaves, Manager Goldfields Records Storage Facility

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 23 April 2015

Attachments: Update on the Goldfields Records Storage Facility’s Operations for the period ending 31 March 2015

Monthly Income Chart January-March 2015

Background:

An update on the Goldfields Records Storage Facility’s operations has been provided by Ms Yvette Hargreaves, the Facility’s Manager. It forms an attachment to the meeting agenda. A monthly income chart for the period January-March 2015 also forms an attachment to the meeting agenda.

Executive Officer Comment:

The CEO City of Kalgoorlie-Boulder might wish to provide a report on the review that is now underway into the future of the Goldfields Records Storage Facility

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the update on the operations of the Goldfields Records Storage Facility for the period ending 31 March 2015 be noted.

The Chair advised that the meeting would deal with Agenda Items 8.1 and 8.2 together

RESOLUTION: Moved: Mr Fitzgerald Seconded: Cr Heasman

1. That the Statement of Financial Position for the period ending 31 March 2015, as attached, be received.

2. That the update on the operations of the Goldfields Records Storage Facility for the period ending 31 March 2015 be noted.

CARRIED

8.3 Acquittal of the Regional Country Local Government Fund for the Goldfields Records Storage Facility – Possible Requirement to Return a Portion of the Allocated CLGF Funds

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: Nil

Background:

As explained at the GVROC Council Meeting held in Esperance on Friday 30 January 2015 the City of Kalgoorlie-Boulder, as the recipient of funds the Goldfields Records Storage Facility, was asked by the Department of Regional Development to confirm if the Country Local Government Fund (CLGF) allocations covered costs for non-fixed assets. The Facility’s shredder was included in the list of non-fixed assets.

Following discussion on this matter GVROC Council resolved as follows:

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Norman

CARRIED

At a meeting of the GVROC Technical Officers Working Group held Friday 6 March 2015 it was further resolved:

RESOLUTION: Moved: Steve Deckert Seconded: Peter Crawford

That a report detailing steps to finalise the acquittal for the CLGF project regarding the purchase of the shredder and non-fixed assets for the Goldfields Records Storage Facility be prepared for the next meeting of the GVROC Council.

CARRIED

Executive Officer Comment:

Discussions on what constitutes a “non-fixed asset” have been ongoing, with the Department of Regional Development (DRD) advising the City of Kalgoorlie-Boulder by email on Thursday 12 March 2015 that the shredder can be considered as a fixed asset as it is bolted at two points. This decision means that the shredder can be included as part of the acquittal. It also means that an additional (third) audit is required, with the cost to be borne by the GVROC.

Further negotiations between the City, DRD and the project’s auditor, UHY Haines Norton, has resulted in additional items being included within the acquittal - items such as the, scanner and bin lifters. As a result, this has significantly reduced the amount that is to be returned back to DRD.

The final amount to be returned to DRD is $16,601.

Approval for the return of funds to DRD is required, as is GVROC’s approval for the payment to UHY Haines Norton for undertaking the additional audit on the project.

The CEO City of Kalgoorlie-Boulder may want to provide Member Councils with a further update on the progress of this matter.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That GVROC approve:

1. The return of $16,601 to the Department of Regional Development; and

2. Payment of audit fees to UHY Haines Norton for undertaking the audit relating the acquittal of funds for the Goldfields Records Storage Facility received from the Regional Country Local Government Fund.

RESOLUTION: Moved: Cr Hill Seconded: Cr Harris

That GVROC approve:

1. The return of $16,601 to the Department of Regional Development; and

CARRIED

9.52am Meeting adjourned for morning tea

10.10am Meeting resumed following morning tea

10.10am Mr Ryan Wilson, Sustainability Officer, City of Kalgoorlie-Boulder entered the meeting

9. GVROC BUSINESS

9.1 Country Local Government Fund – 2012/2013 Regional Group Projects Applications – GVROC Solar PV Project and the GVROC LED Streetlight Project

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Ryan Wilson Sustainability Officer, City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 27 April 2015

Attachments: Nil

Background:

The need to develop renewable energy and energy efficient projects was recognised by the GVROC when it was resolved at the GVROC Council Meeting held on Wednesday 1 August 2012 to submit an application for CLGF funding in 2012/2013, with Member Councils resolving as follows:

RESOLUTION: Moved: Cr Cullen Seconded: Cr Petz

That for the 2012/2013 round of regional CLGF funding, the Goldfields Voluntary Regional Organisation of Councils:

a) Retro-fitting of lighting and renewable energy power generation;

b) Regional waste management;

c) Norseman gateway project; and

d) A project for the Shires of Laverton and Ngaanyatjarraku (still to be determined); and

CARRIED

Since that time GVROC has worked on finalising its application for funding for what has become known as the “street lighting project”. It should also be recognised that in additional to any CLGF funding this project might attract, CEEP finding was also procured to assist in bringing the project to fruition.

The City of Kalgoorlie-Boulder has been the Lead Council for the project. The City, however, is not a participant in the project. Currently, the Shires of Dundas, Esperance, Leonora, Laverton and Menzies are involved in the project. All are supplied power by Horizon Power.

Perhaps the most significant of these hurdles has been the one related to the imposition of the “gift tax” by Horizon Power. On this issue the GVROC Council resolved as follows in Esperance on Friday 30 January 2015:

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Rathbone

CARRIED

With no resolution “in sight” when it met on Friday 6 March 2015, the GVROC Technical Officers Working Group resolved as follows:

RESOLUTION: Moved: Jim Epis Seconded: Peter Crawford

That GVROC Technical Officers Working Group recommend to the GVROC Council that:

CARRIED

Executive Officer Comment:

Agreement on the gift tax has finally been resolved with Horizon Power agreeing to waive the need for GVROC to pay the tax.

An Agreement has been prepared and should be available for signing at the meeting.

The FAA with the Department of Regional Development may also be ready and available for signing.

Since the March Meeting of the GVROC Technical Officers Working Group, work has also been undertaken with regard to having the Shire of Ravensthorpe in participating in the LED project with the Shires of Shires of Dundas, Esperance, Leonora, Laverton and Menzies.

The CEO City of Kalgoorlie-Boulder will provide a detailed review on the work undertaken to date.

Executive Officer Additional Comment:

Member Councils were provided with an update on the project by Mr Mr Ryan Wilson, the City Of Kalgoorlie-Boulder’s Sustainability Officer. My Wilson advised that there may be sufficient funds to look to extending both the LED project and PV project which means for the LED project other LGs, such as the Shires of Ravensthorpe and or Wiluna can be considered as sites. Similarly with the PV project, additional sites at the existing LGs can be considered along with Ravensthorpe and or Wiluna.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

Cr Harris requested that the meeting acknowledge the good work that has been undertaken on this project by the City of Kalgoorlie-Boulder and in particular its CEO, Mr Don Burnett, and Mr Ryan Wilson, the City’s Sustainability Officer.

RESOLUTION: Moved: Cr Harris Seconded: Cr Heasman

That GVROC agrees that the Shires of Ravensthorpe Wiluna to be included in the scope of both the LED and solar panels projects.

CARRIED

10.41am Mr Ryan Wilson left the meeting

9.2 Review of the GVROC MOU

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: GVROC MOU for period 1 July 2010 to 30 June 2011

Background:

The current GVROC MOU expires on 30 June 2015.

A review of the MOU has not been undertaken since 2010 when the last MOU was drawn up. The current MOU was extended without review when the GVROC Council met on Friday 28 June 2013.

At the GVROC Council meeting held in Esperance on Friday 30 January 2015 the Executive Officer advised that a review of the MOU should be undertaken, with GVROC Council resolving as follows:

RESOLUTION: Moved: Cr Williams Seconded: Cr Heasman

That the GVROC Technical Officers Working Group review the GVROC MOU with a report to be prepared for consideration at the next in-person meeting of the GVROC Council.

CARRIED

Executive Officer Comment:

The GVROC Technical Officers Working Group reviewed the MOU when it met on Friday 6 March 2015, resolving as follows:

RESOLUTION: Moved: Steve Deckert Seconded: Paul Webb

That the GVROC Technical Officers Working Group recommend to the GVROC Council that the GVROC MOU be:

1. Resigned without amendment; and

2. Reviewed every two years after the local government elections, with the next review of the MOU to be undertaken in October 2017.

CARRIED

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils Memorandum of Understanding (MOU) be:

1. Resigned without amendment; and

2. Reviewed every two years after the local government elections, with the next review of the MOU to be undertaken in October 2017.

RESOLUTION: Moved: Cr Hill Seconded: Cr Dwyer

That the Goldfields Voluntary Regional Organisation of Councils Memorandum of Understanding (MOU) be:

1. Re-signed without amendment; and

2. Reviewed every two years after the local government elections, with the next review of the MOU to be undertaken in October 2017.

CARRIED

9.3 GRV Rating of Mining Interests

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: Nil

Background:

RESOLUTION: Moved: Mr Epis Seconded: Cr Williams

CARRIED

The matter was again considered when the Technical Officers Working Group met on Friday 5 December 2014, at which time it was resolved as follows:

RESOLUTION: Moved: Graham Stanley Seconded: Peter Crawford

CARRIED

This recommendation was considered by the GVROC Council when it met on Friday 30 January 2015 with GVROC Council resolving as follows:

RESOLUTION: Moved: Cr Hill Seconded: Cr Cullen

That GVROC advise WALGA that:

2. the capacity to rate mining interests has been of enormous benefit to the communities involved;

CARRIED

RESOLUTION: Moved: Cr Hill Seconded: Cr Cullen

CARRIED

The Shire of Laverton has obtained legal advice as agreed to by Member Councils.

A copy of the legal opinion and information paper prepared by the Shire has previously been circulated to Member Councils.

Executive Officer Comment:

The Executive Officer has provided a copy of the legal opinion and the Shire of Laverton’s information paper to WALGA. In her email (dated 25 March 2105) accompanying the legal advice the Executive Officer also advised Paul Schollum, WALGA’s Policy Manager Economics as follows:

“… Out of session Member Councils agreed that WALGA should be provided with a copy of the legal advice. A copy of the advice is attached as per this decision. A copy of an “Information Paper” prepared by Glenn Bone, the Shire of Laverton’s Project Officer, is also attached for your information.

In addition to providing WALGA with a copy of the legal advice received, Member Councils have also agreed out of session to:

1. Request WALGA to pursue the outcomes as outlined in the GVROC Council Resolution of 30 January 2015 on the grounds that the Minister’s Policy fails to meet two of the DLGC’s rating principles of ‘fairness and equity’ and ‘consistency’; and

2. Should the Minister be intent on retaining a policy, that WALGA pursue that the ‘12 month in situ’ requirement be removed as it is ‘ultra vires’ and that there be no further amendments that reduce a local government’s ability to GRV rate a mining operation.”

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for Member Councils consideration.

RESOLUTION: Moved: Cr Dwyer Seconded: Cr Hill

That the GVROC receive the report on the State Government’s policy on the application of Gross Rental Valuation to mining, petroleum and resource interests and endorse the submission to WALGA.

CARRIED

9.4 Women’s Leadership Program - Women’s Leadership Grant

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: Nil

Background:

The GVROC Technical Officers Working Group considered whether GVROC should seek funding, resolving as follows when it met on Friday 6 March 2015:

RESOLUTION: Moved: Jim Epis Seconded: Steve Deckert

That the City of Kalgoorlie-Boulder prepare two applications, on GVROC’s behalf, for funding from the Women’s Leadership Grant Program, with one application to cover the northern sector and the other the southern sector. The northern sector project will be coordinated by the City of Kalgoorlie-Boulder and the southern sector project by the Shire of Esperance.

CARRIED

Executive Officer Comment:

The City of Kalgoorlie-Boulder will provide an update on the applications prepared on GVROC’s behalf.

Executive Officer Additional Comment:

The City of Kalgoorlie-Boulder’s CEO reported to the meeting that when the City was making enquiries on submitting two applications for a session in Kalgoorlie and Esperance, it was advised that it would be very unlikely that GVROC would be awarded two grants of $5000 each. GVROC was encouraged to apply for a single grant of $5000 but still for two sites.

He also advised the meeting that most of the Local Government contributions would be “in kind” from staff actually attending the sessions.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Cr Hill Seconded: Cr Stewart

That the report on Women’s Leadership Program - Women’s Leadership Grant be received and it be noted that only one funding application for $5,000 was submitted.

CARRIED

9.5 Arts and Culture Trail Plan for the Goldfields-Esperance Region

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: Nil

Background:

A draft Arts and Culture Trail Plan for the Goldfields-Esperance Region was released for comment in early 2015. Commissioned by the GEDC, and prepared by Tracker Development, the plan outlines recommendations based on research and consultation feedback for the development of an Arts and Cultural Trail for the region, stretching from the WA/NT border through the Ngaanyatjarraku Lands and Northern Goldfields, to Kalgoorlie and Esperance and finishing at Hopetoun.

The concept of an Arts and Cultural Trail Plan has been discussed for many years and consultations held in 2013-2014 through workshops and electronic surveys revealed significant support for the trail.

The GVROC Technical Officers Working Group reviewed the draft when it met on Friday 6 March 2015 but made no recommendations regarding further work required by GVROC.

Executive Officer Comment:

Following discussions with Ms Janice Kendall from the GEDC on the Arts and Culture Trail Plan for the Goldfields-Esperance Region GVROC might wish to discuss the Trail Plan further and decide on its future involvement in the revision of the Plan as it is implemented.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Cr Harris Seconded: Mr Epis

That GVROC receive the presentation from Goldfields Esperance Development Commission on the Arts and Culture Trail Plan for the Goldfields-Esperance Region.

CARRIED

9.6 Local Government Tender Panel

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: Nil

Background:

The CEO Shire of Coolgardie has been advised by the Western Australian Local Government Association (WALGA), that panel tenders by local government are not appropriate.

The Shire of Coolgardie believes that the loss of panel contract would not have as significant impact on a major urban area, but does create significant problems for regional locations.

Executive Officer Comment:

The GVROC Technical Officers Working Group considered the Shire of Coolgardie’s request when it met on Friday 6 March 2105, resolving as follows:

RESOLUTION: Moved: Paul Webb Seconded: Peter Crawford

CARRIED

Consultation: Nil

Voting Requirement: Simple majority

Meeting Comment:

Mr Tony Brown advised that the comment in the first sentence of the agenda item which reads “has been advised by the Western Australian Local Government Association (WALGA), that panel tenders by local government are not appropriate” was not correct as WALGA supported tender panels.

Mr Tony Brown also advised that an amendment to the Local Government (Functions and General) Regulations 1996 was likely to be gazetted in the next few weeks and the issue of “tender panels” was being addressed that would enable such panels but only for a period of one year.

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils write to the Department of Local Government and Communities to clarify the issue of panel contracts and the capacity for a local government to call and award panel contracts.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Harris

That the GVROC take no further action on this matter given the additional information on the pending amendment to the Local Government (Functions and General) Regulations 1996.

CARRIED

9.7 Goldfields-Esperance 2011-2021 Strategic Development Plan – GVROC’s Support for the Plan

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 27 April 2015

Attachments: Nil

Background:

It would appear now that State Departments have created the Regional Blueprint, and although it is inaccurate, this document is being used as the development template for the region.

The Shire of Coolgardie seeks support from GVROC’s Member Councils to reaffirm its support for the Goldfields-Esperance 2011-2021 Strategic Development Plan.

Executive Officer Comment

The GVROC Technical Officers Working Group considered the Shire of Coolgardie’s request when it met on Friday 6 March 2105, resolving as follows:

RESOLUTION: Moved: Paul Webb Seconded: Matthew Scott

That the GVROC Technical Officers Working Group recommend to the GVROC Council that GVROC:

CARRIED

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils:

RESOLUTION: Moved: Cr Cullen Seconded: Cr Harris

That the Goldfields Voluntary Regional Organisation of Councils:

CARRIED

9.8 Provision of Municipal Services in Aboriginal communities

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: No interest to disclose

Date: 31 March 2015

Attachments: Priority Investment Communities

Background:

The matter of local government service delivery to Aboriginal communities is both a longstanding and unresolved matter. It is one that GVROC has developed a position on.

In September last year the Department of Local Government and Communities’ Director General wrote to affected Councils advising it was proposed to reconstitute the Planning Committee, originally convened in September 2010, with representation from WALGA, LGMA, local governments, the Commonwealth and relevant State Government agencies.

GVROC again considered its position on this issue at the GVROC Council Meeting held in Kalgoorlie on Friday 6 November 2014 where it was resolved as follows:

RESOLUTION: Moved: Cr Harris Seconded: Cr Cullen

1. That the GVROC reaffirm the following resolution:

That the GVROC Council reaffirms its position with respect to the delivery of local government services to indigenous communities, that is that GVROC recommends to Member Councils with indigenous communities that:

1. They advise the State and Federal Governments they will not participate further with the local government services to indigenous communities project until the questions raised from the 8 March 2012 WA Local Government Association Communique are addressed, particularly in relation to:

a. the determination of which communities are to be included in the normalisation process;

b. what State and Federal Government funding will be guaranteed; and

c. a comprehensive communication plan is prepared;

2. They request that a study be undertaken to determine the impact on general purpose financial assistance grants to local governments taking on responsibility for the provision of local government service delivery to indigenous communities;

3. Should Point 1 be addressed to the local government’s satisfaction, funding is requested to be provided to implement the cost and scope study of the remaining indigenous communities not covered by the CAMMS costing and scoping study; and

4. They advise other local governments with indigenous communities, the Department of Local Government and the WA Local Government Association of this decision.

2. That the GVROC request the State Government to undertake a social and economic study on the impact possible closure of communities not deemed to be funded under the MUNS scheme

3. That nominations to the Local Government Planning Committee on Municipal Service Implementation be left to individual local governments

CARRIED

An invitation was extended to the Minister for Local Government and Communities, Hon Tony Simpson MLA, to attend the first GVROC Meeting for 2015 but due to prior commitments the Minister was unable to attend. He has accepted an invitation to meet with GVROC Council at the meeting to be held on Thursday 8 October 2015.

In late March 2015 the Director General further advised by email that the establishment of a separate Local Government Planning Committee on Municipal Service Implementation was no longer required.

The email is detailed below.

From: Jennifer Mathews [mailto:jennifer.mathews@dlgc.wa.gov.au]
Sent: Tuesday, 31 March 2015 4:20 PM
To: ceo@ashburton.wa.gov.au; CEO BROOME; eo@carnarvon.wa.gov.au; CEO COOLGARDIE; CEO DERBY-WEST KIMBERLEY; Richard Brookes; CEO EAST PILBARA; ceo@cgg.wa.gov.au; CEO HALLS CREEK; Don Burnett; Steve Deckert; ceo@leonora.wa.gov.au; CEO MEEKATHARRA; Peter Crawford; CEO MURCHISON; Chris Paget; CEO NORTHAMPTON; CEO PORT HEDLAND; ceo@roebourne.wa.gov.au; ceo@uppergascoyne.wa.gov.au; Tony Doust; ceo@swek.wa.gov.au

Cc: neil.hartley@ashburton.wa.gov.au; ExecutiveManagementTeam@cgg.wa.gov.au; East Pilbara; simon.kot@karratha.wa.gov.au; ea@porthedland.wa.gov.au; governance@porthedland.wa.gov.au; ceo@prc.wa.gov.au; mayorkellyhowlett@porthedland.wa.gov.au; riflepoint@bigpond.com; peter.craig@bagden.com.au; CrCollins@uppergascoyne.wa.gov.au; andreas@cgg.wa.gov.au; wpcnew@benet.net.au; Rebecca.Herbert@broome.wa.gov.au; Sam.Mastrolembo@broome.wa.gov.au; Ashburton; Broome; Carnarvon; Coolgardie; Derby-West Kimberley; Dundas; Greater Geraldton; Halls Creek; Mailbag; Laverton; Leonora; reception@meekashire.wa.gov.au; cso1@menzies.wa.gov.au; admin@murchison.wa.gov.au; Ngaanyatjarraku; Northampton; Port Hedland; Karratha; Upper Gascoyne; Wiluna; Wyndham-East Kimberley; rburges@walga.asn.au; ahailes@walga.asn.au; jholbrook@walga.asn.au; Paul.Isaachsen@drd.wa.gov.au; Ralph.Addis@drd.wa.gov.au; Scott Hollingworth; Kelly McIntyre; Susan Gallacher

Subject: Local Government consultation regarding changes for remote Aboriginal communities

Good afternoon

There has recently been significant public discussion about the future of remote Aboriginal communities. This discussion has relevance to future arrangements for the delivery of municipal services.

As a result of the decision to appoint the Department of Regional Development as the lead State agency to address this issue, they will be undertaking detailed assessments of remote communities on relating to sustainability and infrastructure. This will include extensive consultation with community residents, local governments and service providers.

The establishment of a separate Local Government Planning Committee on Municipal Service Implementation is therefore no longer required.

The Department of Regional Development will engage with local governments through relevant zone meetings commencing in April 2015 and one-on-one discussions. The Department of Local Government and Communities will be involved in this process.

We will be in contact to arrange for discussions with you at your next zone meeting.

All the best.

*Jennifer Mathews*
Director General

Department of Local Government and Communities
Tel:	+61 8 6552 1401
Fax:	+61 8 6552 1555
Email:	jennifer.mathews@dlgc.wa.gov.au
Web:	www.dlgc.wa.gov.au

Just prior to this email be received the ABC broke news of research conducted during 2010 to identify West Australian remote Aboriginal communities considered unsustainable. The link to the newspaper article is provided below.

http://www.abc.net.au/news/2015-03-24/federal-review-reveals-192-communities-deemed-unsustainable/6343570

The article also provided list of indigenous communities ranked according to their sustainability. A copy of this listing forms an attachment to the meeting agenda.

Executive Officer Comment:

To date the Executive Officer has not received a request from the Department of Regional Development to meet with GVROC on this matter.

The City of Kalgoorlie-Boulder has requested that this matter be listed for discussion.

Consultation: Nil

Voting Requirement: Simple majority

The matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Cr Dwyer Seconded: Cr Harris

That the information of local government service delivery to Aboriginal communities be received.

CARRIED

9.9 GVROC Regional Equipment Pool

Reporting Officer: Don Burnett, CEO City of Kalgoorlie-Boulder

Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 20 April 2015

Attachments: Nil

Background:

A summary report for usage of equipment from the GVROC Regional Equipment Pool for the period 1 January to 31 March 2015 inclusive is provided below for Member Councils’ information.

Month	Equipment	Organisation
January	29/1/2015 – 16/3/15; Toilet Block, Crowd Control Barriers and Fencing	City of Kalgoorlie-Boulder (Sunset at the Soundshell Series)
February	29/1/2015 – 16/3/15; Toilet Block, Crowd Control Barriers & Fencing	City of Kalgoorlie-Boulder (Sunset at the Soundshell Series)
March	29/1/2015 – 16/3/15; Toilet Block, Crowd Control Barriers and Fencing	City of Kalgoorlie-Boulder (Sunset at the Soundshell Series/Youth Fest)

Executive Officer Comment:

No further comment.

Consultation: Nil

Voting Requirement: Simple majority

RECOMMENDATION:

That the report for the usage of equipment from the regional equipment pool for the period 1 January to 31 March 2015 inclusive be noted.

Noted

9.10 WALGA’s Strategic Plan 2015-2020

Reporting Officer: Helen Westcott, Executive Officer

Portfolio: Shared Executive Function

Disclosure of Interest: Nil

Date: 27 April 2015

Attachments: Correspondence from WALGA re the development of its Strategic Plan for 2015-2020

Copy of WALGA’s current Strategic Plan

Schedule of WALGA’s core functions

Background:

GVROC has been invited by WALGA to assist in the development of the next iteration of its Strategic plan which will cover the period 2015-2020.

A copy of the correspondence outlining the review form an attachment to the meeting agenda

Specifically WALGA is seeking comment from GVROC on the following issues:

§ What activities or services should WALGA continue;

§ What activities or services should WALGA stop;

§ What activities or services should WALGA commence; and

§ Any other comments on GVROC’s relationship with WALGA.

A copy of the 2010-2015 Strategic Plan and a schedule of core functions undertaken by WALGA form attachments to the meeting agenda.

Executive Officer Comment:

Following discussions with Tony Brown, Member Councils may wish to discuss whether they wish to make a formal response to WALGA’s review of its Strategic Plan potential.

Statutory Implications: Nil

Consultation: Nil

Voting Requirement: Simple Majority

The matter is presented for consideration by Member Councils.

RESOLUTION: Moved: Cr Harris Seconded: Mr Fitzgerald

That the presentation on the development of the WALGA Strategic Plan for 2015-2020 be received.

CARRIED

10. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS

Zone delegates to consider the Matters for Decision contained in the WA Local Government Association State Council Agenda and put forward resolutions to Zone Representatives on State Council

10.1 State Councillor / Goldfields Esperance Zone President’s Report

Mayor Ron Yuryevich, AM RFD

10.2 WALGA Status Report (Attachment)

From Executive Officer

BACKGROUND:

Presenting the Status Report for February 2015 which contains WALGA’s responses to the resolutions of previous Meetings

ZONE COMMENT:

This is an opportunity for Member Councils to consider the response from WALGA in respect to the matters that were submitted at the previous Meeting.

10.3 Review of WALGA State Council Agenda - Matters for Decision

From Executive Officer

Background:

WALGA State Council meets five times each year and as part of the consultation process with Member Councils circulates the State Council Agenda for input through the Zone structure.

The Zone is able to provide comment or submit an alternate recommendation that is then presented to the State Council for consideration.

5.1 Local Government and Coastal Land Use Planning Discussion Paper (05-028-03-0015 VJ)

WALGA Recommendation

That State Council endorse the following actions to be undertaken, as outlined within the Local Government and Coastal Land Use Planning Discussion Paper:

1. The Association to work with the State Government specifically to:

a) Organise a workshop with the Department of Planning to promote guidelines and detail next steps for Local Governments aligning with the State Planning Policy 2.6; and

b) Develop a coordinated approach to land use planning, given the potential exposure of the WAPC in respect of injurious affection claims and how region planning schemes guide local planning schemes.

2. The Association President to consider establishing a Policy Forum on coastal planning and adaptation, to allow the Association and coastal Local Governments to identify, consider and respond to commonly shared issues relating to coastal planning, coastal adaptation, decision making and legal implications.

3. The Association continue to investigate the plausibility of rewording the Planning and Development Act 2005 and advocate to the Minister for Planning to include section 74 (protection from liability) from the private members Bill Climate Change (Coastal Planning and Protection) Readiness Bill 2012 into the Planning and Development Act 2005.

4. The Association to liaise with research agencies such as Western Australia Marine Science Institute (WAMSI) to distribute research findings that relate to local decision-making and legal liability to the Local Government sector.

5. The Association to seek additional legal advice including:

a) any liability implications for Local Government amending planning schemes to align with SPP2.6;

b) confirmation of Local Government’s obligation or otherwise to undertake works to protect private property; and

c) provide an updated list of case law examples from across Australia.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.2 Model Local Planning Policy for Water Wise Entry Statements (05-036-04-0003 OT)

WALGA Recommendation

That the Model Local Planning Policy for Water Wise Entry Statements be endorsed for use by Local Governments:

1. To establish and maintain a consistent process for managing the handover of water wise entry statements from developers to Local Government.

2. To ensure new entry statements are designed and constructed in a way which can easily be retrofitted as a water wise and low maintenance design.

3. To protect the Local Government from inheriting assets of little functional community value and high maintenance costs.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.3 State Emergency Management Committee State Risk Project (05-024-03-0028 JH)

WALGA Recommendation

That State Council:

1. Endorse the State Emergency Management Committee development of the State Risk Framework.

2. To ensure smooth implementation of the State Risk Project–Local seeks the following:

a. Development of a clear implementation plan and timeline for the State Risk Project-Local

b. Establishment of Partnership with WALGA to develop the State Risk Project –Local to ensure engagement and participation of Local Government.

3. Provision of funding to develop a common reporting system for Local Government to ensure alignment and integration with the State Risk Project.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.4 Submission to WARR Act Review Discussion Paper (05-062-03-0001 MB)

WALGA Recommendation

1. That State Council endorse the interim WALGA Submission to the Department of Environment Regulation WARR Act Review Discussion Paper.

2. That the Association continue to liaise with the DER to ensure that there is an adequate timeline for consultation on any proposed legislative changes.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

5.5 Planning for Waste Management Project (04-001-02-0045 RNB)

WALGA Recommendation

That State Council:

1. note the progress of the Planning for Waste Management project to better incorporate waste management considerations into planning decisions; and

2. endorse the model provision for Local Government Planning Strategies, model Local Planning Policy, waste management planning conditions and the guidelines which will assist the sector in considering this issue within the planning process.

ZONE COMMENT:

GVROC support the WALGA Recommendation.

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils endorses all recommendations being matters contained in the WALGA State Council Agenda other than those recommendations separately considered.

RESOLUTION: Moved: Cr Harris Seconded: Cr Cullen

CARRIED

10.4 Review of WALGA State Council Agenda - Matters for Noting/Information

6.1 Review of the Gross Rental Valuation (GRV) Mining Policy (05-100-03-0001 PS)

Mr Steven Deckert, CEO Shire of Laverton raised the concern of local government at the way the GRV Mining Policy defined “permanent” facilities in that they were required to be in “situ” for at least 12 months. He asked that WALGA emphasise the difficulty that this creates from a rating perspective.

Mr Brown indicated he would take note of the issue.

6.2 Taxation Discussion Paper (05-100-03-0001 PS)

6.3 Public Libraries in 2025: Visioning and Strategic Planning Process (05-057-02-0051 JH)

6.4 West Australian State CCTV Strategy Consultation (05-019-03-0009 JH)

6.5 Volunteer Management and Local Governments (05-018-03-0002 EB)

6.6 4 Year Review of the Local Government Industry Award 2010 (07-004-01-0044 JL)

6.7 Draft State Biosecurity Strategy now released for public comment (05-046-03-0011 MB)

6.8 Report Municipal Waste Advisory Council (MWAC) (01-006-03-0008 RNB)

Note: GVROC Council may wish to discuss Item 6.1 further in light of the recent legal opinion obtained from Kott Gunning and its previous decisions on this issue.

Refer also to item 9.3 of the meeting agenda.

10.5 Review of WALGA State Council Agenda - Organisational Reports

7.1 Key Activity Reports

7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-0017 MJB)

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

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

7.1.4 Report on Key Activities, Planning and Community Development (01-006-03-0014 AH)

10.6 Review of WALGA State Council Agenda - Policy Forum Reports

7.2 Policy Forum Reports

7.2.1 Metropolitan Reform Implementation Policy Forum

7.2.2 Country Reform Policy Forum

7.2.3 Mining Community Policy Forum

7.2.4 Container Deposit Legislation Policy Forum

7.2.5 Metropolitan Mayors Policy Forum

7.2.6 Waste Avoidance and Resource Recovery Act (2007) Review Policy Forum

7.2.7 Freight Policy Forum

10.7 WALGA President’s Report (Attachment)

Presenting the WALGA President’s Report

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils notes the following reports, either provided separately or as contained in the WALGA State Council Agenda:

§ State Councillor Report;

§ WALGA Status Report;

§ Matters for noting/information;

§ Organisational reports;

§ Policy Forum reports; and

§ WALGA President’s Report.

RESOLUTION: Moved: Mr Epis Seconded: Cr Hill

That the Goldfields Voluntary Regional Organisation of Councils notes the following reports, either provided separately or as contained in the WALGA State Council Agenda:

§ State Councillor Report;

§ WALGA Status Report;

§ Matters for noting/information;

§ Organisational reports;

§ Policy Forum reports; and

§ WALGA President’s Report

CARRIED

11. LATE ITEMS as notified, introduced by decision of the Meeting

11.1 GVROC Budget for 2015/2016

The CEO City of Kalgoorlie-Boulder advised that GVROC’s budget for the 2015/2016 financial year would be prepared on the basis of no increased contributions being required from Member Councils.

This means that Member Councils should look to allocate in their respective budgets amounts similar to that provided for in their 2014/2015 budget.

11.2 Development of a Nuclear Waste Dump Site

The Shire of Wiluna requested that the matter of the development of a nuclear waste dump site within the region be listed for discussion at the GVROC Council Meeting to be held Friday 19 June 2015.

It was agreed that the matter be listed for discussion at this time.

12. FUTURE MEETINGS/FUNCTIONS

Friday 19 June 2015 – an in-person meeting of the GVROC Council in Kalgoorlie at which the WALGA State Council Agenda for the State Council meeting to be held Wednesday 1 July 2015 will also be considered

Friday 10 July 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined)

Wednesday 5 August 2015 – an in-person meeting of the GVROC Council in Perth (venue to be determined)

Friday 28 August 2015 – a teleconference to consider the WALGA State Council agenda for the State Council meeting to be held 3-4 September 2015

Friday 4 September 2015 – an in-person meeting of the GVROC Technical Officers Working Group (venue to be determined)

Thursday 8 October 2015 - an in-person meeting of the GVROC Council (in Kalgoorlie unless otherwise determined)

Friday 4 December 2015 – an in-person meeting of the GVROC Technical Officers Working Group (in Kalgoorlie unless otherwise determined)

Friday 29 January 2016 – an in-person meeting of the GVROC Council in Esperance

It was agreed that the GVROC Technical Officers Working Group Meeting scheduled for Friday 15 May 2015 be postponed to a future date, with the new meeting date to be determined out of session.

During discussion on the future meetings the Shire of Wiluna indicated that the proposed meeting on Wednesday 5 August 2015 during Local Government Week clashed with the Ministerial Meetings and requested whether it was possible to find another mutually convenient date and time during Local Government Week.

It was agreed that the morning of Wednesday 5 August 2015 was the most convenient time during Local Government Week but it was acknowledged that some Member Councils may need to excuse themselves if they had a Ministerial Meeting.

It was also agreed that the GVROC Dinner be again arranged.

13. CLOSURE OF MEETING

Prior to the close of the meeting the CEO City of Kalgoorlie-Boulder advised the meeting that this would be Peter Crawford, the CEO Shire of Menzies’, last GVROC meeting prior to his retirement from Local Government.

On behalf of all GVROC’s Member Councils the Chair wished him well in retirement and thanked him for his contribution to GVROC during his time at the Shire of Menzies.

There being no further business the Chair declared the meeting closed at 11.50am

DECLARATION

These minutes were confirmed by the Goldfields Voluntary Regional Organisation of Councils at the meeting held Friday 19 June 2015

Signed _______________________________

Person presiding at the meeting at which these minutes were confirmed