Late Items Agenda of Ordinary Council

Ordinary Council: Agenda

26 November 2019 Page 2

16. URGENT BUSINESS APPROVED BY DECISION

Item: 16.1

Expression of Interest - Urban Node Trial

Author/s	Amelia Fitzgerald	Supervisor Asset Administration
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D19/28156

Applicant

Internal

Location/Address

Within the Esperance Central Business District (CBD)

Executive Summary

For Council to consider allowing the following businesses to participate in the Urban Node Trial.

Recommendation in Brief

That Council Approve the Urban Node Trail Expression of Interest at the locations specified in the report.

Background

Council resolved in October to undertake an Urban Node Trail following the acceptance of the Esperance CBD Landscaping Concept Design and upgrading of the Esperance CBD. The Urban Nodes are designed to create opportunities for Alfresco dining areas or public open space in front of Restaurants and Cafes through modifying the parking layout.

The proposed trial is anticipated to commence in December 2019 until 30 June 2020.

Officer’s Comment

Expressions of Interest were called with a closing time of 2.00pm ASWT, Monday 18 November 2019.

A total of six (6) Expression of Interests to participate were received from the following businesses within the CBD:

· Anywhere;

· Breakaway Café;

· Downtown Café;

· French Hot Bread Shop;

· Loose Goose; and

· Watt Lab.

Support was received from Thorp Realty. All submissions are included as attachments to this report.

Officers have considered the submissions received and have no concerns with any of the identified areas. Council has the option to approve as many of the Expression of Interests as it sees fit. Officers have not recommended which submissions should be approved although it would be advisable to approve a variety of Urban Nodes so that the trial can be evaluated effectively.

Three (3) submissions were received that indicated that they were not in support of the Urban Node Trial. McCreeds Classique Jewellers, due to the removal of carparks and the impact that this would have on businesses. Create & See were supportive of encouraging pedestrian activity to both Andrew and Dempster Street, however raised concerns regarding the reduction of parking available to her customers and Kal’s Massage due to the perceived disruption during construction of the Urban Nodes.

Consultation

Bronwyn Mcleod from the Esperance Chamber of Commerce and Industry, Serena Shaddick Manager Marketing and Communications and Trevor Ayers Manager Economic and Community Development visited each of the businesses in the CBD to explain the project.

Esperance Chamber of Commerce and Industry

External Services

Financial Implications

The cost to construct the trial Urban Nodes is included in the CBD Landscaping improvements budget. It is estimated cost to Councils for the Urban Nodes would be approximately $3,000 for the 20m² nodes and $5,000 for the 40m² nodes.

Asset Management Implications

Nil

Statutory Implications

Activities in Thoroughfares and Public Places and Trading Local Law.

Policy Implications

EXT013 - Outdoor Eating Facilities in Public Places

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Services, infrastructure and public places that meet and adapt to community needs and changing priorities

Ensure services, infrastructure and public places are aligned to community needs now and in the future

Corporate Business Plan 2019/20 – 2022/23

B2.3 Implementation of CBD Streetscaping

Environmental Considerations

Nil

Attachments

a ⇩.

Submissions - Expression of Interests – Urban Nodes

Officer’s Recommendation

That Council approve the Urban Node Trail Expression of Interest at the following locations:

a) ____________________;

b) ____________________;

c) ____________________;

d) ____________________;

e) ____________________; and

f) ____________________ .

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 November 2019 Page 14

Item: 16.2

Exploration Drilling in the Great Australian Bight

Author/s	Shane Burge	Director Corporate Resources
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D19/29558

Applicant

Fight the Bight Campaign

Location/Address

Esperance Coastline (Great Australian Bight)

Executive Summary

For Council to consider the recent requests from community members to oppose offshore drilling and seismic testing in the Great Australian Bight by Equinor.

Recommendation in Brief

That Council

1. Acknowledge the concerns and information provided by community members/groups and consider that any oil spills that could adversely affect the Esperance coast are unacceptable;

2. Oppose any current and future oil exploration, testing or drilling proposal that can be demonstrated could impact or affect the Esperance coast; and

3. Refer all concerns to the relevant body NOPSEMA who holds jurisdiction over the regulation of the industry.

Background

Since mid 2019 the Shire has received a number of written requests from individuals and organisations such as Fight for the Bight WA and Surfrider Foundation Australia to oppose seismic testing and oil exploration drilling in the Great Australian Bight and specifically Equinor – Stromlo-1 Exploration Drilling Program.

Presentations to Council have been received by local group LEAF during May 2019 (see Attachment A) and more recently at the Agenda Briefing on the 19^th November by Anna Hildebrand representing the Great Australian Bight Alliance (see Attachment B). A protest is being held at the Whale Tale on the 23^rd November to oppose Equinor’s plans.

In summary the main concerns held by organisations and individuals who oppose Equinor’s plans are based upon the risk of an oil spill that could occur which is heightened with Equinor’s plans due to the combination of the depth of drilling, weather conditions and remoteness.

Due to the community concerns that were raised, Council requested Equinor to provide a response to the concerns that were raised and what it might mean to the Shire of Esperance. A presentation was provided by Equinor on the 9^th July on their project, potential implications to the Esperance coastline in the event of a spill and the risk mitigation strategies as outlined in their environmental plan. In short, Equinor claim that their proposal is very minimal risk to the Esperance coast in the unlikely event of an oil spill from their exploration area.

The National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) is Australia’s independent expert regulator for health and safety, environmental management and structural and well integrity for offshore petroleum facilities and activities in Commonwealth waters. Some information about the Equinor’s project as Attachment C concerning the environmental assessment and the involvement with NOPSEMA as the responsible agency provides the regulators view on the issue.

Officer’s Comment

It is understandable for the community to be concerned about potential oil spills as the Esperance coast has some of the most spectacular landscapes in Australia and any activity that would have a major impact on the landscapes and coast is unacceptable.

Although it is difficult for officers to provide Council specific direction on this issue there are a few points that Council should consider during their deliberations-

o Council and the oil and gas industry considers any oil spill unacceptable. The “environmental plan” from Equinor has considered worst case scenarios as they are required to and plan for safe operations.

o Fortunately, the risk is extremely low, there have been more than 59,000 wells drilled since 1980 with two major spills in that time.

o Regulation to prevent offshore industry oil spills is the responsibility of the independent Commonwealth Regulator- NOPSEMA (National Offshore Petroleum Safety Environment Management Authority).

o As highlighted by Equinor in their presentation to Council, in the unlikely event of an oil spill, under no scenario will Esperance be impacted by fresh oil on any beaches.

The Stromlo-1 exploration drilling program is outside of the jurisdiction of the Shire of Esperance of which the Shire has no control or expertise and as such any position of the Council would be for political and community leadership purposes rather than any Shire operational requirement.

There are generally two options that Council could consider with the issue-

1. Oppose Equinor’s plans to carry out seismic testing and drilling for oil in the Great Australian Bight or

2. Consider that the matter is outside the jurisdiction of the Shire of Esperance and refer all concerns through to NOPSEMA or the relevant agencies for consideration.

This issue has been raised in the community, mainly due to concerns about increased risks with the Equinor project due to the depth of drilling, remoteness and weather conditions. It is likely that further drilling and exploration will happen off the coast in the future and Council may wish to consider a more holistic position that will provide organisational direction in the future. The Officers recommendation is to effectively create a policy position on the issue, which can be applied to both the Equinor situation and future proposals, without necessary coming back to Council.

Consultation

Presentations by LEAF, Great Australian Bight Alliance and Equinor.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that values and protects our natural environment while recognising Esperance’s diverse environment includes the coast, Recherché Archipelago, Wetlands and the Greater Western Woodlands

Develop community awareness of environmental opportunities, challenges and impacts

Environmental Considerations

The environmental considerations arising from this report are consideration of the potential impacts that an oil spill from drilling within the Great Australian Bight could have on the Esperance coastal environment.

Attachments

a ⇩.	LEAF
b ⇩.	Great Australian Bight Alliance
c ⇩.	NOPSEMA

Officer’s Recommendation

That Council

1. Acknowledge the concerns and information provided by community members/groups and consider any oil spills that could affect the Esperance coast are unacceptable;

2. Oppose any current and future oil exploration, testing or drilling proposals that can be demonstrated could impact the Esperance coast; and

3. Refer all concerns to the relevant body NOPSEMA who holds jurisdiction over the regulation of the industry.

Voting Requirement Simple Majority