3 November 2017

 

 

 

 

 

Shire of Esperance

 

 

Special Council

NOTICE OF MEETING AND AGENDA

 

A Special Council meeting of the Shire of Esperance will be held at Council Chambers on 7 November 2017 commencing at 10am to consider the matters set out in the attached agenda.

 

W M (Matthew) Scott

Chief Executive Officer

 

 

 

 

 

DISCLAIMER

 

No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

 

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.

 

 

 

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

 

Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.

      

ATTACHMENTS

 

Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.

 

 

Agenda Briefing ¨            Ordinary Council Meeting ¨                    Both Meetings  ¨

Name of Person Declaring the Interest:

Position:                                                             Date of Meeting:

This form is provided to enable members and officers to disclose an Interest in the matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act and Local Government (Administration) Regulation 34C.

Interest Disclosed   Item No:   Subject:   Nature of Interest:   Type of Interest:            Financial                  Proximity                Impartiality

Interest Disclosed   Item No:   Subject:   Nature of Interest:   Type of Interest:            Financial                  Proximity                Impartiality

Interest Disclosed   Item No:   Subject:   Nature of Interest:   Type of Interest:            Financial                  Proximity                Impartiality

 

Signature:                                                                   Date:

Office Use Only: Entered into interest Register:                                                                                                                      Officer                                          Date

 

 

 

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a)  In a written notice given to the Chief Executive Officers before the Meeting or;

b)  At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

c)  Preside at the part of the Meeting, relation to the matter or;

d)  Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Notes on Financial Interest (For your Guidance)

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1.  A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2.  If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious ect, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3.  If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case need to be considered.

4.  If in doubt declare.

5.  As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6.  Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1    Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act; or

6.2    Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

 

 

 

 

 

Interests Affecting Proximity

1)  For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;

a)       a proposed change to a planning scheme affecting land that adjoins the person’s land;

b)       a proposed change to the zoning or use of land that adjoins the person’s land; or

c)       a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2)  In this section, land (the proposal land) adjoins a person’s land if;

a)       The proposal land, not being a thoroughfare, has a common boundary with the person’s land;

b)       The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

c)       The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3)  In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Interests Affecting Impartiality

Definition:  An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a)  In a written notice given to the Chief Executive Officers before the Meeting or;

b)  At the Meeting, immediately before the matter is discussed.

Impact of an Impartiality Closure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this new type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

 

 

 

 

 

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

 

 

 

TABLE OF CONTENTS

 

 

1.         OFFICIAL OPENING   8

2.         ATTENDANCE  8

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  8

4.         DECLARATIONS OF INTERESTS: 8

4.1      Declarations of Financial Interests – Local Government Act Section 5.60a  8

4.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  8

4.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  8

5.         PUBLIC QUESTION TIME  8

6.         Purpose of Meeting   9

6.1      Review - Council Committees - Terms of Reference  9

6.2      Appointment of Members to Council Committees  62

6.3      Appointment of Members to External Committees  68

6.4      Application for a Temporary Adjustment to Retail Trading Hours  74

7.         Matters behind Closed Doors  77

7.1      0095-17 RFQ - Esperance Tanker Jetty Reconstruction Feasibility Report 77

8.         CLOSURE  77

 

 

 

 

1.       OFFICIAL OPENING

2.       ATTENDANCE

 Members

Cr V Brown                                      President                  Rural Ward

Cr N Bowman                                  Deputy President     Rural Ward

Cr J Parsons                                                                     Town Ward

Cr S McMullen                                                                 Town Ward

Cr S Payne                                                                       Town Ward

Cr L McIntyre                                                                   Town Ward

Cr R Padgurskis                                                               Town Ward

Cr D Piercey, JP                                                              Town Ward

Cr B Parker                                                                      Rural Ward

Shire Officers

Mr W M (Matthew) Scott                   Chief Executive Officer

Mr S Burge                                       Director Corporate Resources

Mr M Walker                                     Director Asset Management

Mr T Sargent                                    Director External Services

Mr R Hindley                                    Manager Strategic Planning & Land Projects

Mrs H Hall                                         Executive Assistant

Miss A McArthur                               Trainee Administration Officer

 

Members of the Public & Press

 

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

 

 

 

4.       DECLARATIONS OF INTERESTS:

4.1     Declarations of Financial Interests – Local Government Act Section 5.60a

4.2     Declarations of Proximity Interests – Local Government Act Section 5.60b

4.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

 

5.       PUBLIC QUESTION TIME

 

 

 

6.       Purpose of Meeting

Item: 6.1  

Review - Council Committees - Terms of Reference

Author/s	Sarah Fitzgerald	Corporate Reporting & Governance Officer
	Priscilla Davies	Manager Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer

 

File Ref: D17/26381

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

The objective of this report is to review and update the Terms of Reference for Council Committees. The review ensures they are consistent, reflecting current purpose and satisfies statutory requirements. 

 

Recommendation in Brief

That Council adopt the reviewed Terms of Reference for Council Committees.

 

Background

Under the Local Government Act s5.11 committee membership expires on the Ordinary Election Day of Council which occurs biennially. This provides an opportunity to review the current Terms of Reference for all Council Committees ensuring they are up to date and relevant.

 

Officer’s Comment

Several minor changes have been made to the Terms of Reference to ensure there is consistency across the committees. Minor changes include formatting and corrections to position, departmental and organisational titles.

Significant changes made have been addressed in the table below.

 

Consultation

Internal

 

Financial Implications

N/A

 

Asset Management Implications

N/A

 

 

 

Statutory Implications

Local Government Act 1995

Standing Orders Local Law 2015

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Work together to enhance trust participation and community pride

Actively engage and communicate with the community to ensure informed decision-making

 

Corporate Business Plan 2017/2018 – 2021/2022

L3.1   Facilitate Councillors requirements to represent the community

 

Environmental Considerations

N/A

 

 

Attachments

a⇩.

Reviewed - Terms of Reference - Council Committees (Tracked Changes)

 

 

Officer’s Recommendation That Council adopt the reviewed Terms of Reference for Council Committees. Voting Requirement                       Absolute Majority

 

 

 

Item: 6.2  

Appointment of Members to Council Committees

Author/s	Sarah Fitzgerald	Corporate Reporting & Governance Officer
	Priscilla Davies	Manager Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer

 

File Ref: D17/26031

 

Applicant

Internal Report

 

Executive Summary

To consider the appointment of members to the Council Committees.

 

Recommendation in Brief

That Council appoint Councillors and reappoint Community and organisational representatives to Council Committees.

 

Background

Under the Local Government Act s5.11 committee membership expires on the Ordinary Election Day of Council which occurs biennially. As a result all positions on Council Committees are vacant, Elected Members and Community representatives need to be appointed and organisational representatives nominated.

 

Officer’s Comment

The recommendation has been made to allow reinstatement of those committees council has identified as important in their capacity to provide advice that can be relied upon in decision making.

Since November 2015, when Councillors were last appointed to Committees, several Committees have been formed to meet the needs of the community. The Scaddan Restoration Reference Group was formed following the bush fires in November 2015 which caused significant damaged to the Scaddan Townsite. The role of this Committee is to advise Council regarding the restoration of their townsite, in particular Local Government facilities.

In September 2016 the Esperance Visitor Centre Management Committee was formed to provide strategic direction for the management, development and operation of the Esperance Visitor Centre.

Following Council’s resolution to demolish and replace the Esperance Tanker Jetty, the Jetty Replacement Working Group was formed. The Working Group’s objective is to recommend a detailed concept plan for the replacement of the Esperance Tanker Jetty, in consultation with the Heritage Council of WA.

The Youth Advisory Council (YAC) was formed following Community consultation that found Esperance youth wanted to be more involved in making decisions that affect them and planning youth centric events. The YAC provide guidance to the Shire on youth needs and delivers youth focused projects, programs and events in Esperance.

The New Landfill Community Reference Group was appointed after Council purchased Lot 12 Kirwan Road with the intention of constructing a new Waste Mangement Facility. The reference group was formed to assist the Shire with gaining environmental approvals and provide input into the detailed design of the facility while minimising impact to the environment and surrounding landowners.

Due to the high number of new committees it is recommend that Council reappoint the community and organisational representatives as they were before the Ordinary Election Day of Council and advertise any positions that were vacant at that time.

Following the review of the Terms of Reference for the Esperance Museum Management Committee, it has been recommended that the Committee is amended to reflect the adoption of the Esperance Museum Strategic Plan 2017-2023. This includes changing the Committee’s name to the Esperance Museum Reference Group and adjusting their role, membership and designated powers and duties. In effect these changes will ensure the Committee continues to function by assisting with the implantation of the Esperance Museum Strategic Plan 2017-2023 as opposed to the managing the Esperance Museum. The change to membership includes reducing the Esperance Bay Historical Society representation from 4 to 2 and creating a position for an Esperance Museum Volunteer. As this membership change is significant it is being recommended that the members of the committee are not reappointed and all positions are re-nominated by their organisation or advertised.

Consultation

Internal

 

Financial Implications

N/A

 

Asset Management Implications

N/A

 

Statutory Implications

Local Government Act 1995

Standing Orders Local Law 2015

 

Policy Implications

Terms of Reference - Council Committees

 

Strategic Implications

Strategic Community Plan 2017-2027

Community Leadership

Work together to enhance trust participation and community pride

Actively engage and communicate with the community to ensure informed decision-making

 

Corporate Business Plan 2017/2018 – 2021/2022

L3.1   Facilitate Councillors requirements to represent the community

 

Environmental Considerations

N/A

 

 

Attachments

Nil

 

Officer’s Recommendation That Council: 1.    Reappoints organisational and community representatives as members of Council Committees as per the following table; Committee Organisational Representative Community Member Bush Fire Advisory Committee Ashley Stewart (Chief Bush Fire Control Officer                                               ) Gavin Egan (Deputy Chief Bush Fire Control Officer) Will Carmody (Senior Fire Control Officer – West Zone) Kingsley Scott (Senior Fire Control Officer – West Coast Zone) Rory Graham (Senior Fire Control Officer – North Zone) Lyndon Mickel (Senior Fire Control Officer – East Zone) Andrew Middleton (Senior Fire Control Officer – East Coast Zone) Tom Parkins (Senior Fire Control Officer – Urban Rural Zone) Bruce Pengilly (Deputy Senior Fire Control Officer – West Zone) Peter Luberda (Deputy Senior Fire Control Officer – West Coast Zone) Chris Hallam (Deputy Senior Fire Control Officer – North Zone) Phil Longmire (Deputy Senior Fire Control Officer – East Zone) Simon Fowler (Deputy Senior Fire Control Officer – East Coast Zone) Peter Rowe (Deputy Senior Fire Control Officer – Urban Rural Zone) Nil Esperance Roadwise Committee  Jill Fitzpatrick (Department of Education) John Jose (Department of Transport) Nicole Sullivan (Main Roads WA) Sgt Jenny Sara (Esperance Police) Paul Gaughan (St John Ambulance) Robert Dummermuth Tiffany Brown Esperance Twin Towns Committee Cathy Bamblett (Esperance Senior High School) Phil Jones (Esperance Lions Club) Amanda Thomas Catherine Davies Karine Baillet Anaelle Talelo Donjio Megan McDowall Greater Sports Ground Redevelopment Committee Graham Mackenzie (Indoor Sports Stadium Management Committee) Ewin Stewart (Esperance Districts Agricultural Society) David Rigney Lesa Blackham Carmel Creed Lake Monjingup Community Development Group Chelsea Templeton (Esperance Regional Forum) Kylie Bishop Mike Gibbs Coral Turley Caroline Aylott Off Road Vehicle Working Group Richard Moore (Esperance Police) Rob Blok (Department of Bio-diversity, Conservation & Attractions) Ronald Reynolds (Esperance Tjaltjraak Native Title Aboriginal Corporation) Brett Thorp Kristy Walsh Ian Hartley Tim Hawkey Ralph Bower Adventureland Park Working Group Ewin Stewart (Miniature Railway Society) Ken Jenkyn (Rotary Club of Esperance) Richard Nulsen (Esperance Bay Rotary Club) Neil Pearson (Southern Ports Authority) Charlotte Davidson (Adventureland Park Management Committee) David Ford (Adventureland Park Management Committee) Nil Scaddan Restoration Reference Group Gavin Egan (Scaddan Bush Fire Brigade) Frank Stone (Scaddan Country Club) Wally Vandenberghe (Scaddan Bowling Club) David Campbell (Scaddan Golf Club) Lynne Norwood (Scaddan Primary School P&C) Tom Curnow Riley Curnow Kirby Maher Brad Lewis Christeen Lewis Christian Siemer Esperance Visitor Centre Management Committee Wayne Halliday (Tourism Esperance) Jo Quinlivan (Tourism Esperance) Colin McArthur Gail Reynolds-Adamson Tania Lowe Jetty Replacement Working Group Alan Byers (Esperance Port Authority) Shayne Flanagan (Goldfields-Esperance Development Commission) Wayne Halliday (Tourism Esperance) Roger Ellett Julie Starcevich Graham Gath Youth Advisory Council Esther Bell (Ex-officio) Ellen Timmins Fin Johnson Emily Parker Isabella Raszyk Maddilyn McGrinder Lucy Hart Ivy Shillington Hannah Lauritsen Eloise Lochowicz David Greatz Clayton Barnett Claudia Hodges Charlee Osborn Dana Sharpe New Landfill Community Reference Group Justin Bellanger (South Coast NRM) Janett Archer (Local Environmental Action Forum) Jaimie Arthur; Jan Biven; George Cook; Garth Wolfenden; Tania Lowe ( Deputy 1) Isabell Trneny ( Deputy 2) 2.    Requests the CEO write to identified organisations asking them to provide their nominated representatives to the Council Committees and delegates authority to the CEO to accept these nominations as per the following table; Committee Organisation Esperance Museum Reference Group Esperance Bay Historical Society ·   Vacant ·   Vacant Esperance Mechanical Restoration Group ·   Vacant Esperance Family History Society ·   Vacant Tourism Esperance ·   Vacant Esperance Museum Volunteer ·   Vacant Esperance Roadwise Committee          Department of Health ·   Vacant Greater Sports Ground Redevelopment Committee Esperance District Recreation Association ·   Vacant Off Road Vehicle Working Group South Coast NRM ·   Vacant Ralph Bower Adventureland Park Working Group Esperance Apex Club ·   Vacant New Landfill Community Reference Group Department of Bio-diversity, Conservation & Attractions ·   Vacant 3.          Requests the CEO advertise for expressions of interest to fill community positions within the following Council Committees: ·     Audit Committee ·     Esperance Museum Reference Group ·     Greater Sports Ground Redevelopment Committee ·     Lake Monjingup Community Development Group ·     Off Road Vehicle Working Group ·     Jetty Replacement Working Group 4.    Appoints Councillors to Council Committees as per the following table; Committee Members Deputy Audit Committee Cr Cr Cr Cr Nil Bush Fire Advisory Committee Cr Cr Esperance Museum Management Committee Cr Cr Esperance Roadwise Committee          Cr Cr Esperance Twin Towns Committee Cr Cr Greater Sports Ground Redevelopment Committee Cr Cr Cr Lake Monjingup Community Development Group Cr Cr Off Road Vehicle Working Group Cr Cr Cr Ralph Bower Adventureland Park Working Group Cr Cr Cr Scaddan Restoration Reference Group Cr Cr Cr Esperance Visitor Centre Management Committee Cr Cr Cr Jetty Replacement Working Group Cr Cr Cr Cr Cr New Landfill Community Reference Group Cr Cr Cr Cr And; 5.    Appoint Cr_____________ as Ex-Officio to the Youth Advisory Council and Cr _________ as Deputy. Voting Requirement                                          Absolute Majority

 

 

Item: 6.3  

Appointment of Members to External Committees

Author/s	Sarah Fitzgerald	Corporate Reporting & Governance Officer
	Priscilla Davies	Manager Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer

 

File Ref: D17/26033

 

Applicant

Internal Report

 

Location/Address

N/A

 

Executive Summary

To appoint Councillors to external committees to represent Council.

 

Recommendation in Brief

That Council appoints members to represent Council on the identified external committees.

 

Background

Following the recent Council Elections, Councillors need to be appointed to external committees and organisations.

During 2013 Council developed a policy to provide direction with the role and responsibilities of Councillors appointed to external committees and organisations. The Policy EXE020 - External Committee Representation is attached for reference.

 

Officer’s Comment

Council representatives need to be nominated to external committees that Council has a vested interest in. There are four committees listed in the recommendation that were not listed in 2015.

The Shire has recently become a member of the Western Australian Regional Capitals Alliance (WARCA) and is required to have a councillor representative. It is recommended that the Shire President is appointed to represent Council on the WARCA and the Deputy Shire President appointed as deputy member as this is consistent with the other Local Governments that form the WARCA.

The Shire received a request from the Chair of the Recherché Aged Welfare Committee for a Councillor to be appointed to their committee. The request has been attached for Councils consideration.

During May 2017 the Esperance Community Arts Interim Board agreed to a Councillor joining the board to represent Council as a part of their funding agreement with the Shire.

The Esperance Chamber of Commerce & Industry recently requested a Councillor serve as Ex-officio on their Executive Committee. Their request has been attached.

The Mount Ridley Association Inc. has been excluded for Councillor representation as the Shire is of the understanding that the Association is in the process of being dissolved.

Financial Implications

N/A

 

Policy Implications

Policy EXE 020: External Committee Representation deals with the roles and responsibilities or Councillors to external committees (attached).

 

Strategic Implications

Strategic Community Plan 2017-2027

Community Leadership

Support for all leadership roles in our community

Encourage shared responsibility through an informed and inspired community

 

Corporate Business Plan 2013/2014 – 2016/2017

L3.1   Facilitate Councillors requirements to represent the community

 

Environmental Considerations

N/A

 

Attachments

a⇩.	Poilcy EXE 020 - External Committee Representation
b⇩.	Request - Council Representation - Recherché Aged Welfare Committee
c⇩.	Request - Council Representation - Esperance Chamber of Commerce & Industry

 

 

Officer’s Recommendation That Council 1.    Appoints Councillors to External Committees as per the following table; Committee Member Deputy Recherché Aged Welfare Committee Cr Cr Adventureland Park Management Committee Cr Cr Esperance Chamber of Commerce & Industry Executive Committee     Esperance Community Arts Interim Board Cr Cr Esperance District Recreation Association Cr Cr Goldfields-Esperance Country Zone of WALGA, GVROC and GERCG Cr Cr Cr Local Emergency Management Committee Cr Cr Nulsen Community Progress Association Cr Cr Port Development Consultative Committee Cr Cr Ralph Bower Foundation Cr Cr Regional Road Group Cr Cr Senior Citizens Centre Management Committee Cr Cr South Coast Management Group Cr Cr Tourism Esperance Cr Cr Western Australian Regional Capitals Alliance Cr Cr And; 2.    Request the CEO write to the External Committees to advise them of the Councillor appointed to their Committee.   Voting Requirement                       Simple Majority

 

 

 

 

 

Item: 6.4  

Application for a Temporary Adjustment to Retail Trading Hours

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Terry  Sargent	Director External Services

 

File Ref: D17/26740

 

Applicant

Woolworths Limited

 

Location/Address

N/A

 

Executive Summary

Woolworths Limited has requested the Shire make application to the Department of Commerce for a temporary extension to retail trading hours for Sunday the 24^th December 2017.

 

Recommendation in Brief

That Council apply to the Department of Mines, Industry Regulation and Safety for a Temporary/Short Term Adjustment to enable Retail Trading Hours in the Shire of Esperance to be extended to cover between 10am and 4pm on Sunday 24^th December 2017.

 

Background

Woolworths limited have approached the Shire regarding the extension of trading hours this year due to the 24^th of December 2017 being a Sunday. The Esperance Chamber of Commerce and Industry have advised that their membership is supportive of this request applying to the whole of the Shire, as is Charter Hall (managers of the Boulevard Shopping Centre) supportive of a wider extension than just the Woolworths shop.

 

Christmas trading hours were permanently amended in 2014 to alleviate the need to amend hours in the lead-up to Christmas each year. This included a decision to leave the 24^th December as a ‘normal’ trading day with no change to hours. It is only when the 24^th falls on a Sunday that this issue arises with all other days enabling trading on the 24^th.

 

Officer’s Comment

This application is supported due to it having support from the local trader association (Esperance Chamber of Commerce and Industry) as well as being consistent with feedback received through the recent Shire of Esperance Strategic Community Planning process, especially with the focus on Esperance as a vibrant and welcoming tourist town.

 

This application is being dealt with urgently to enable maximum notice to be provided to local retailers of any change to assist in rostering and business planning.

 

It is important to note that an extension to retail trading hours provides an opportunity for retailers to trade form an additional period but does not require them to open for the additional period.

 

Consultation

Woolworths Limited

Esperance Chamber of Commerce and Industry (Letter of support attached).

Charter Hall

In the event that an application for extension is approved, it is a requirement that all traders are advised that any extension does not require them to open for additional hours.

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

The statutory implications associated with this item are governed by the Retail Trading Hours Act 1987. Any change (both temporary and permanent) requires recommendation by the relevant local government and approval by the Minister Mines, Industry Regulation and Safety.

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Growth & Prosperity

Esperance is seen as a destination of choice to live, work, invest and visit

Leverage our environmental, built, cultural and social assets in the promotion of Esperance

 

Environmental Considerations

Nil

 

Attachments

a⇩.

ECCI Letter of Support

 

 

Officer’s Recommendation   That Council apply to the Department of Mines, Industry Regulation and Safety for a Temporary/Short Term Adjustment to enable Retail Trading Hours in the Shire of Esperance to be extended to include between 10am and 4pm on Sunday 24th December 2017. Voting Requirement                       Simple Majority

 

 

 

 

7.       Matters behind Closed Doors

Officer’s Comment:

It is recommended that the meeting is behind closed doors for the following item, in accordance with section 5.23(2) of the Local Government Act 1995.

 

Item: 7.1  

 

0095-17 RFQ - Esperance Tanker Jetty Reconstruction Feasibility Report

 

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

 

8.       CLOSURE