Ordinary Council: Agenda

25 June 2019 Page 6

Declaration of Interest (Notes for Your Guidance)

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.

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Ordinary Council: Agenda

25 June 2019 Page 10

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 25 June 2019

COMMENCING AT 4pm

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 Administration Officer – Executive Services

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 28 May 2019, the Special Council Meeting of the 4 June 2019, and the Special Council Meeting of the 11 June 2019 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Elected Member Attendance 2018-19

	Agenda Briefing Sessions (11)	Ordinary Council Meetings (11)	Special Council Meetings (4)	Annual Electors Meeting (1)
Shire President Cr Victoria Brown	10	10	4	1
Deputy President Cr Natalie Bowman	10	10	4	1
Cr Lara McIntyre	11	11	3	1
Cr John Parsons	11	10	4	1
Cr Ron Padgurskis	10	9	4	1
Cr Basil Parker	11	11	4	1
Cr Dale Piercey	9	9	3	1
Cr Steve McMullen	10	10	3	1
Cr Shelley Payne	5	9	1	0

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Proposed Road Dedications - South Coast Highway

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D19/13356

Applicant

Main Road WA

Location/Address

Portion of Lots 725 and 726 South Coast Highway

Executive Summary

For Council to consider the dedication as a road, portions of Lots 725 and 726 South Coast Highway.

Recommendation in Brief

That Council

1. Request the Minister of Lands to dedicate the land the subject of Land Dealings Plans 1860-179, 1860-180 and 1860-180) as a road pursuant to Section 56 of the Land Administration Act 1997.

2. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3. Advise the Minister of Lands that Main Roads WA agree to indemnify the Shire of Esperance against any costs and claims that may arise as a result of the dedication.

Background

Main Roads have approached the Shire of Esperance to dedicate portions of land as part of a land acquisition on South Coast Highway (380.09 – 390.50 SLK).

Officer’s Comment

Should the dedication as a road of portions of Lots 725 and 726 South Coast Highway be supported, a request will need to be made to the Minister for Lands under Section 56 of the Land Administration Act 1997.

As the land has been acquired by Main Roads WA for this specific purpose there is no reason not to support the proposed dedication.

Consultation

Advice of the resolution and these minutes is required to be sent to Main Roads. This action will satisfy the requirements of Regional and Metro Services at the Department of Planning, Lands and Heritage – Lands.

Financial Implications

Main Roads have stated that they will indemnify the Shire against any costs and claims that may arise as a result of the proposed dedication.

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Road networks that meet the needs of our community and provide safe movement for all users

Deliver a diverse, efficient and safe transport system

Environmental Considerations

Nil

Attachments

a ⇩.	MRWA Letter Request Support for Road Dedications
b ⇩.	Land Dealings Plans 1860-179, 1860-180 and 1860-181

Officer’s Recommendation

That Council

1. Request the Minister of Lands to dedicate the land the subject of Land Dealings Plans 1860-179, 1860-180 and 1860-180) as a road pursuant to Section 56 of the Land Administration Act 1997.

3. Advise the Minister of Lands that Main Roads WA agree to indemnify the Shire of Esperance against any costs and claims that may arise as a result of the dedication.

Voting Requirement Simple Majority

PDF Creator

Ordinary Council: Agenda

25 June 2019 Page 17

Item: 12.1.2

Development Application - Single Dwelling, Outbuilding (Shed), Rainwater Tanks, Fencing, Retaining Walls and associated Earthworks at Lot 125 (18) Dempster Street, Esperance

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Strategic Planning & Land Projects

File Ref: D19/13580

Applicant

Cartman Designs on behalf of P G & F Lister

Location/Address

Lot 125 (18) Dempster Street, Esperance.

Executive Summary

For Council to consider Development Application 10.2019.4410.1 for a Single Dwelling, Outbuilding (Shed), Rainwater Tanks, Fencing, Retaining Walls and associated Earthworks at Lot 125 (18) Dempster Street, Esperance.

Recommendation in Brief

For Council approve Development Application 10.2019.4410.1 for a Single Dwelling, Outbuilding (Shed), Rainwater Tanks, Fencing, Retaining Walls and associated Earthworks at Lot 125 (18) Dempster Street, Esperance subject to conditions.

Background

An application for Development Approval was received for a Single Dwelling, Outbuilding (Shed), Rainwater Tanks, Fencing, Retaining Walls and associated Earthworks at Lot 125 (18) Dempster Street, Esperance was received by Planning Services on 22 May 2019. The application was initially referred to Shire of Esperance (Asset Management Division) due to concerns regarding the front fence causing issues from a vehicle and pedestrian safety perspective. As a result of comments from Asset Management, revised plans were submitted on 4 June 2019 which altered the part of the front fence and gate so that they were located 1.5 metres further into the property and which relocated the house and associated retaining walls further to the rear of the property.

Advertising was undertaken by Shire of Esperance (Planning Services) between 22 May and 5 June 2019 to all adjoining landowners due to a large number of proposed variations with an objection being received from a representative of the owners of the adjoining property at Lot 126 (16) Dempster Street. Non-objections were received from the owners of strata lots 1-5 (20) Dempster Street.

Subsequent to the applicant reviewing the text of the objection, the applicant requested that the proposal be put to Council for determination.

Officer’s Comment

Lot 125 (18) Dempster Street is zoned Residential R40 with Additional Use 6. It is affected by Special Control Area 9 – Coastal Erosion and Inundation Risk.

The Table below outlines the Officer’s assessment of the objections raised by the adjoining landowner in comparison to the Design Principles of the Residential Design Codes.

Objection	Design Principles	Officers Comment
The excessive height of the front wall and its return section on our boundary line.	P4 Front Fences are low or restricted in height to permit surveillance (as per Clause 5.2.3) and enhance streetscape (as per Clause 5.1.2), with appropriate consideration to the need: - For attenuation of traffic impacts where the street is designed as a primary or district distributor or integrator arterial; and - For necessary privacy and noise screening for outdoor living area where the street is designated as a primary or district distributor or integrator arterial.	The standard limitation for a front fence in the Residential zone is 1.2 metres to allow for passive surveillance and safe movement of vehicles and pedestrians. The proposed 2.0 and 2.2 metre high fence certainly exceeds this, though the revised arrangement allows for safe movement of vehicles and pedestrians. That said there are other examples of overheight fences present on the adjoining property at 20 Dempster Street, though the fence in question is only 1.8 metres in height. The proposed fence does not permit for surveillance of the street however it is acknowledged that some degree of noise attenuation is desirable due to the positioning of the property on a busy section of Dempster Street. The proposed fence does not impact on any outdoor living areas.
The fill and associated retaining wall along the boundary line.	P7.1 Development that Considers and responds to the natural features of the site and requires minimal excavation/fill. Where excavation/fill is necessary, all finished levels respecting the natural ground level at the lot boundary of the site and as viewed from the street. P8 Retaining walls that result in land which can be effectively used for the benefit of residents and do not detrimentally affect adjoining properties and are designed, engineered and landscaped having due regard to Clause 5.3.7 (Site Works) and 5.4.1 (Visual Privacy).	The proposed site works do not respond to the natural features of the site. The proposed retaining wall design is driven more from the viewpoint of practicality so as to allow for vehicle access to the rear while not impacting on the proposed Dwelling. If properly engineered to withstand surcharge loading the retaining walls and earthworks will not detrimentally affect the adjoining properties.
The lack of screening from the elevated outdoor living area.	P1.1 Minimal direct overlooking of active habitable spaces and outdoor living areas of adjacent dwellings achieved through: - Building layout and location; - Design of major openings; - Landscape screening of outdoor active habitable spaces; and/or - Location of screening devices	There is a high likelihood that the 1.8 metre high fence proposed along the common boundary between 16 and 18 Dempster Street and on top of the proposed retaining wall will significantly screen any view from 18 Dempster Street towards the front half of 16 Dempster Street. However due to the topography of the two properties, there will still be some overlooking towards the rear of 16 Dempster Street which cannot be avoided The applicant has also indicated a willingness to provide some screening for the outdoor living areas at the rear of the proposed dwelling.

Consultation

The application was initially referred to Shire of Esperance (Asset Management Division) due to concerns regarding the front fence causing issues from a vehicle and pedestrian safety perspective. As a result of comments from Asset Management, revised plans were submitted on 4 June 2019 which altered the part of the front fence and gate so that they were located 1.5 metres further into the property and which also relocated the house and associated retaining walls further to the rear of the property.

Subsequent to the applicant reviewing the text of the objection, the applicant requested that the proposal be put to Council for determination.

Financial Implications

Application fees totalling $2573.80 were received as part of this application.

Asset Management Implications

While the initial plans provided did cause concerns for vehicle and pedestrian safety due to the proposed fence being located on the primary street boundary (and consequently abutting the existing pedestrian pathway), amended plans have since been received which moves the proposed gate and part of the fence 1.5 metres back into the property which complies with the requirements of the Residential Design Codes.

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

It should be noted that pursuant to s.211(1) of the Planning and Development Act 2005, a person aggrieved by the failure of a local government to enforce or implement effectively the observance of a local planning scheme may make representation to the Minister. If the Minister considers it appropriate to do so, representation may be referred to the State Administrative Tribunal for its report and recommendation. Following subsequent actions and recommendation by the SAT the Minister may order the local government to do all things considered necessary for enforcing the observance of the Scheme or any provisions of the Scheme. In this instance it is deemed that the Scheme is being enforced and implemented effectively.

Policy Implications

The policy implications arising from this report are:

· Local Planning Policy: Outbuildings.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

Facilitate and guide high quality, compliant and efficient building and development across the Shire

Environmental Considerations

Nil

Attachments

a ⇩.	Plans
b ⇩.	Objection
c ⇩.	Contour Attachment from Objection

Officer’s Recommendation

That Council resolve to approve Development Application 10.2019.4410.1 for a Single Dwelling, Outbuilding (Shed), Rainwater Tanks, Fencing, Retaining Walls and associated Earthworks at Lot 125 (18) Dempster Street, Esperance subject to the following conditions:

1. Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plan(s) unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. The land and buildings the subject of this approval shall be used for the purposes of Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definition as extracted from the Residential Design Codes).

- Dwelling – A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

3. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

4. Earthworks are to be in accordance with Australian Standard 3798 Guidelines on Earthworks for Commercial and Residential Developments.

5. All retaining walls are to be designed to accommodate applicable surcharge loads, earthworks and/or associated drainage and shall be undertaken in accordance plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices, as approved by the Shire of Esperance (Building Services).

6. The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Asset Management Division) – refer enclosed vehicle crossover application form.

7. A minimum of two (2) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

8. Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

9. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

10. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

11. The approved development must be connected to a reticulated water supply provided by a licensed water provider.

12. Before the approved development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.

13. The existing infrastructure located within the road reserve shall be retained and protected during the construction process period with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division) at developer’s expense.

14. The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

15. The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

16. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

17. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

18. A Section 70A Notification under the Transfer of Land Act 1893 (as amended) must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and successors in title that:

VULNERABLE COASTAL AREA - This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

The Section 70A Notification is to be registered on the Certificate of Title prior to the issuance of a building permit, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant's/owner's expense.

AND the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

2. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

3. It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

4. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

5. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6. The Department of Water and Environmental Regulation and Environment Regulation has prepared dust control guidelines for development sites, which outline the procedures for the preparation of dust management plans. Further information on the guidelines can be obtained from the Department of Water and Environmental Regulation and Environmental Regulation’s website www.dwer.wa.gov.au under air quality publications.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 June 2019 Page 42

Item: 12.1.3

Proposed Direction Notice - Planning and Development Act 2005

Author/s	Paul Clifton	Manager Development & Statutory Services
Authorisor/s	Terry Sargent	Director External Services

File Ref: D19/13047

Applicant

Internal

Location/Address

Lot 491 Sims Street Chadwick, Western Australia 6450

Executive Summary

It is proposed to require the occupier of Lot 491 Sims Street Chadwick, Western Australia 6450 (the property) to remove the unauthorised development under sections 214(2) and 214(3) of the Planning and Development Act 2005.

Recommendation in Brief

That Council authorise the Chief Executive Officer to serve a Direction Notice issued under sections 214(2) and 214(3) of the Planning and Development Act 2005, to require the occupier of the property to:

a. Cease the unauthorised development effective immediately;

b. Require the removal of the unauthorised development and restoration of the land within two (2) months; or in the alternative;

c. Seek and obtain a development approval within two (2) months.

Background

On 8 January 2019 a Shire Officer observed a fuel tank facility on the property approximately 3 months after a separate unauthorized fuel tank facility had been removed from the premises. A photograph taken at the time (below) captured a stockpile of material covered by a tarpaulin; however the significance of this was not immediately appreciated. Two days later, a service request was received from a neighboring landowner, concerned about the handling and storage of Spodumene on the property.

Unauthorised fuel facility and Spodumene stockpile, as viewed from Sims Street, Chadwick.

An Officer attended and observed large stockpiles of Spodumene stored in the open and in a shed to the eastern side of the property. Some of the Spodumene was uncovered and heavy machinery was observed both transporting and driving over the product. A number of photographs were taken at the time.

Unauthorised fuel facility and Spodumene stockpile, as viewed from the northern side of the property.

Heavy machinery operating. Shed door on northern aspect of shed on the eastern side of the property.

Two other Shire Officers inspected the property later on the same day, engaging with an employee of the Transport company occupying the site. He confirmed that his employer was transporting and storing Spodumene on the property for a mining company in Coolgardie, prior to export through the Esperance Port. Attempts were then made to contact the owner of the property and the occupying transport company.

Further photographs were taken at the time, capturing an uncovered Spodumene stockpile between the western and eastern sheds and evidence of heavy vehicle movement over the exposed product.

Uncovered Spodumene situated adjacent to the shed on the western side of the property. Vehicle movements are apparent over some of the product. Partially covered product behind the eastern shed is visible to the right-hand side of the image.

The owner of the property subsequently advised that he was unaware of the developments occurring on his land. He referred Shire Officers to the managing real estate agency who advised that they contacted the occupier on 10 January 2019.

On 14 January 2019 inquiries were made with the Department of Water and Environmental Regulation (DWER), Health Department (DOH) and Southern Ports (Esperance) The handling and storage standards and requirements were understood to be similar to those applied to the compliant Spodumene storage and transport operation on a nearby property, operated by Qube.

On 15 January 2019 an inspection of the property confirmed that the new unapproved fuel facility was in use by a large truck. Dust from the property was observed blowing around the property and onto neighbouring properties. Employees of the occupier were unaware of Shire attempts to contact their employer.

Truck refuelling from the unauthorised fuel facility situated near the eastern boundary of the property. Spodumene stockpile visible to the rear, near the northern boundary.

The owner of the occupying transport company was subsequently located on a nearby property. He confirmed that he had not sought a Development Approval in relation to the Spodumene handling or the fuel facility. He acknowledged receiving a message to contact the Shire; however indicated that he had been too busy to respond.

He was asked to seek the required approvals as a matter of priority and to provide detail of the Spodumene in particular the safe handling and storage of the product. Subsequently a written request was sent to him seeking a Development Application and a Dust Management Plan within the timeframe of seven (7) days. The implementation of sufficient dust mitigation strategies was requested as a matter of urgency, within twenty four (24) hours and immediate contact with DWER was recommended.

On 16 January 2019 the Department of Mines, Industry Regulation and Safety (DMIRS) was notified of events. It subsequently responded with an on-site inspection on 24 January 2019, requiring some actions within the limits of its jurisdiction. At the time of inspection, all of the Spodumene was covered or moist, an observation that conflicted with an observation by a Shire Officer earlier on the same day. DMIRS were advised by the occupier that the use of the property would cease on 25 January 2019.

On 17 January 2019 a Shire Officer observed that Spodumene on the property remained largely uncovered and dust could be seen blowing in the vicinity of the stockpiles of the product. Several trucks and loaders were operating, driving over some of the product. Some evidence of the use of water on the property was visible near the western shed only. Small amounts of Spodumene were visible on Beckwith Road, adjacent to the crossover entrance to the property. Further photographic images were captured at the time.

View from Beckwith Street Chadwick, along the northern boundary, looking East. The Spodumene stockpile is largely uncovered. The entry to the western shed to the far right side of the image is moist, indicating some dust mitigation strategies in that vicinity.

Traces of Spodumene on Beckwith Street Chadwick, adjacent to the crossover entry into the property.

An email was sent to the occupier reminding him of the urgency of implementing dust mitigation strategies, considering the 24 hour timeframe provided had expired.

On 21 January 2019 some dust mitigation information was provided, however it appeared to be incomplete and insufficient. An inspection of the property by a Shire Officer confirmed that two (2) sprinklers were in operation, although much of the Spodumene appeared unaffected by water and uncovered. Dust was observed blowing around the property in moderate winds. An aerial photograph taken on this day, was sourced from Landgate. (Below)

Landgate aerial photo, taken 21 January 2019. Spodumene behind eastern shed is partially covered by tarpaulins.

Inspections on the following two days confirmed little change to this arrangement, although a single sprinkler was in operation on 22 January 2019 and some evidence of wetting was apparent near the western shed on 23 January 2019.

On 24 January 2019 another request was made for submission of a Development Application. An inspection of the property confirmed continuing vehicle use and dust blowing around and off the property in strong winds. No evidence of water mitigation was apparent. Dust was also noted to be blowing off neighbouring properties.

Subsequent to this, another service request was received from a second neighbouring property, concerned about the health effects from the blowing dust. A third service request was received later on the same day from a neighbouring landowner which included photos of a product believed to be Spodumene that had blown onto his own property.

Spodumene traces gathered around materials stored on an adjacent property.

On 24 January 2019, DWER and DOH advised standards for the handling and storage, which included strategies to enclose, cover and keep moist. Crushing the product (such as had been observed with heavy vehicle movements on many occasions) was to be avoided. Indications were received that prolonged exposure to uncontained Spodumene fines, such as could be created by heavy vehicle movements, could present significant health risks.

A Development Application was lodged on 24 January 2019 however much of the requested information was absent, preventing a proper assessment. The application fee was not paid.

An inspection on 29 January 2019 noted dust blowing on the property, heavy vehicle movements and no sprinklers or evidence of wetting.

On 31 January 2019 it was observed that dust was blowing around the property in moderate winds. One sprinkler was operating, although the majority of the property appeared to be dry. During this inspection the Shire Officer was approached by a person who wished to remain anonymous. He voiced concerns about poor management of the Spodumene, dust emissions and a perceived inequality in comparison to operational standards at Qube. Following this incident, the owner of the transport company approached the shire and advised that he intended to remove all Spodumene within five (5) days and relocate to the Esperance Port. He was questioned about the outstanding Development Application fees and information and he responded that he had delegated the task to employees. He stated an intention to seek a Development Approval for the fuel facility and use of the Property as a transport depot only once the use ceased.

On 1 February 2019, he was again engaged by Shire Officers. He re-asserted his plans for a transport depot and promised that all outstanding information and payments would be made within half an hour. He agreed to remove all Spodumene residue from the property. Fees were paid, however not all information requested was provided. He agreed that he was solely responsible for the actions of his transport company on the property.

On 5 February a Planning Infringement Notice (PIN) and draft Direction Notice were served on the occupier of the site. The implementation of safe handling and storage strategies were requested in line with the information received from the DOH. Spodumene was still apparent on the property in the eastern shed and uncovered in the yard. A truck was observed refueling at the fuel facility and heavy vehicles were in operation handling the Spodumene product. The $500 PIN penalty was ultimately paid following reminders on 17 May 2019.

The draft Direction Notice is included as ‘Attachment A’.

Throughout February 2019 it was observed that uncovered Spodumene stockpiles remained on the property and on 20 March 2019 a truck was observed adding new product to the property. Dust was observed blowing around the property in windy conditions upon several occasions and the dust mitigation strategies observed were minimal.

Shire officers continued to seek information to allow the development application to be processed.

On 9 May 2019 an inspection of the property confirmed that the fuel facility remains in use and remnant Spodumene remains in the vicinity of the eastern shed and on the external yard surface. This status quo was again confirmed on an inspection on 4 June 2019, at which time the fuel facility was again observed to be in use. Further photographs were taken during the latest inspection.

Levelled surface behind the eastern shed, containing remnant Spodumene. Vehicle movements are apparent.

Close up view of a section of ground behind the eastern shed showing evidence of heavy vehicle movements crushing spodumene.

Spodumene near northern wall of shed to the eastern side of the property.

Spodumene content in stockpile at the northern-eastern extremity of the property.

Spodumene in the eastern shed, near the southern entry closest to Sims Street, Chadwick.

Truck refuelling from the unauthorised fuel facility. Spill visible around the facility.

Officer’s Comment

The occupier has been engaged on a number of occasions since mid-January 2019. He has indicated that information will be provided that allows for a Development Approval to be issued, however this has not occurred. The unauthorized fuel facility remains in use and remnant Spodumene is visible on the yard surface and in the eastern shed, despite the occupiers stated intention to clean this up.

The inherent risks posed by the Spodumene product have not been confirmed in detail, however the DOH have indicated that the product should be contained, dust mitigation strategies employed and crushing should be avoided. This did not occur, despite information being provided and requests made directly to the owner of the transport company.

This incident was reported to a number of different state government agencies including Worksafe and DWER. It is understood that after this notification, action was taken by agencies where their statutory limitations allowed but the ultimate authority for approving this activity (the transport depot and refuelling facility), or otherwise, lies with the Esperance Shire Council.

Council Officers try to work with business operators to ensure the appropriate legal protections are in place but on this occasion all attempts to work with the operator of this business have failed and the assurances and promises made to Shire staff have amounted to nothing after a period of more than 4 months. In these circumstances, there is little alternative but to recommend the service of a formal notice with the potential for escalated penalties and legal action should this not result in compliance.

Consultation

Department of Health

Department of Water Environmental Regulation (Water & Pollution Watch)

Department of Water Environmental Regulation (Contaminated Sites)

Department of Mines, Industry Regulation and Safety

Financial Implications

There are no direct financial implications arising from this recommendation. Should the Notice not be heeded, removal of the development could be affected or legal action considered by Council. Recovery of costs as a debt for removal of the unauthorised development could be sought from the courts under the provisions of section of section 215(2) of the Planning and Development Act 2005.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Planning and Development Act 2005

Building Act 2011

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

Facilitate and guide high quality, compliant and efficient building and development across the Shire

Environmental Considerations

Compliance with the proposed Notice will mitigate the environmental risks associated with the unauthorised fuel facility and inappropriate handling of spodumene.

Attachments

a ⇩.

Accompanying Letter - Planning Infringement Notice

Officer’s Recommendation

That Council authorise the Chief Executive Officer to serve a Direction Notice issued under sections 214(2) and 214(3) of the Planning and Development Act 2005, to require the occupier of the property to:

Cease the unauthorised development effective immediately;

Require the removal of the unauthorised development and restoration of the land within two (2) months; or in the alternative

Seek and obtain a development approval within two (2) months.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 June 2019 Page 109

Item: 12.3.2

Long Term Financial Plan Review

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

File Ref: D19/13564

Applicant

Shire of Esperance

Location/Address

N/A

Executive Summary

For Council to consider adopting the revised Long Term Financial Plan 2019/20 – 2028/29.

Recommendation in Brief

That Council adopt the revised Long Term Financial Plan 2019/20 – 2028/29

Background

In February 2009, the Minister for Local Government announced a package of statewide-ranging local government reform strategies that were aimed at achieving greater capacity for local government to better plan, manage and deliver services to their communities with a focus on social, environmental and economic sustainability.

One of the requirements was to develop and review a long term financial plan (LTFP) that is a ten year rolling plan that informs the Corporate Business Plan to activate Strategic Community Plan priorities. From these planning processes, annual budgets that are aligned with strategic objectives can be developed.

The LTFP indicates a local government’s long term financial sustainability, allows for early identification of financial issues and their longer term impacts, shows the linkages between specific plans and strategies, and enhances the transparency and accountability of the Council to the community.

The LTFP is a high level document that should be supported by detailed information based upon assumptions, projected income and expenditure, capital work schedules, key performance indicators and scenario modeling.

Forecasts should underpin the LTFP and aim to quantify the future impacts of current decisions and identify the available options to close the gap between revenues and expenditure. Forecasting informs decision making and priority setting and assists in the management of the local government’s response to community growth or contraction. It will also assist in the management of cash flows and funding requirements, community assets and risk. There should be a high level of accuracy in the forecasts for the first 2 – 3 years, a good level of accuracy for years 4 and 5 and a reasonable level of accuracy for the remaining 5 years of the plan.

Officer’s Comment

The following information explains the major financial assumptions applicable to the Long Term Financial Plan and the major assumptions that have been used to develop the plan.

Employment Expenses

Increases in employment expenses have three main elements. These are

1. Increases contained in the enterprise agreement

2. Increases and movements of levels within the current workforce and;

3. Additional positions that are required to meet the strategic direction of the Council and the growth of the community.

Employee costs are estimated to increase by 2.2% for the term of the plan. Note that this increase is reflective of the Shires contribution to employment expenses and does not take into account any increases or decreases in fully funded positions such as Homecare.

Materials and Contracts

Increases in Materials and contracts are in line with the Local Government Cost Index of 2% plus an additional 0.2% to take into account the estimated growth in the Shire of Esperance.

Utility Charges

Utility charges have been factored in to increase by 3% for the life of the plan, except in the 2022/23 year where additional costs for the purchase of gas at the BOILC has been taken into account.

Loan Borrowings and Repayments

Loan repayments are calculated on loan schedules that are currently in existence and the estimation of any future loan borrowings. The LTFP has proposed loan borrowings of $4m for a new waste facility, and $2.3m for a future stage of Flinders Estate. It is proposed that any future sales of land within the Flinders Estate will firstly repay debt before any further proceeds are placed into the Land Development Reserve.

Reserve Transfers

Transfer to Reserves are in line with existing reserve calculations that are contained within the 2018/19 budget and increased by 2% to take into account inflation factors. In areas such as the airport or waste management these transfers could change if their net operating results changed. Continual scrutiny and review of the fees being charged in these areas are essential to ensure sufficient money is being captured in the reserves to pay for large capital expenditure in future years. Interest on Reserve holdings has been calculated at 2.5% and is reinvested into the reserve.

Rate Revenue

Rate yield increases are forecast for 3.75% for 2019/20 and for the following 3 years of the plan until the rates increases reduce to 2.75% for the remainder of the plan. It is estimated that the additional income that is generated that is higher than normal operational requirements will be spent on closing the asset management gap that the Shire currently has. It is estimated that the asset management gap will be closed within approximately 5 years with the plan having either sufficient expenditure on asset renewal or savings within specific reserves for future asset renewal.

The graph below shows the history of rates yield increases since 1998/99 and then the predicted increases for the next 10 years in line with the LTFP.

Operating Grants

An increase of 2% has been allowed for in the LTFP. Although this funding source is somewhat unknown as political and economic factors can influence any increases that the different levels of government may offer, a small increase has been assumed to cater for general inflation increases.

Fees and Charges

Fees and Charges that Council has discretion over has been increased by 3% for the term of the plan.

Capital Grants

Road grants from the Regional Roads Group have been estimated at the existing levels, averaged from the past two years. Regional Road Group is a competitive process and application has to be made each year for specific projects, the allocations can therefore fluctuate significantly. Roads to Recovery grants have been maintained for the life of this plan.

A large number of the capital projects are reliant upon grants from external sources. If the funding from these sources does not eventuate the projects may need to be reviewed or alternate funding sourced.

Capital Expenditure

Capital Expenditure is in line with existing Asset Management Plans and has been increased by 2% in line with expected inflation figures

Road expenditure is in line with existing annual allocations and increased by 2% in line with expected inflation. Additional expenditure is expected to be increased over the life of the plan to help address the asset management gap in the transport area and more specifically rural road re-sheeting. For the 2019-20 year this additional money that is proposed to be spent on rural road re-sheeting amounts to $650,000 compared to the 2018/19 year.

The 10 year capital works program has been developed in two formats showing both a source of funding format and also whether the asset is renewal, upgrade or new. As identified in the capital grants section a number of key infrastructure projects are heavily reliant upon external grant funds. If external funding from these projects does not eventuate to the amounts as indicated in the plan then the scope of each capital project will need to be revisited or the project postponed until further funding is sourced.

Consultation

The Corporate Business Plan and Strategic Community Plan have been referenced and consulted in developing the plan.

A number of workshops were held with Council to go through a number of scenarios and assumptions.

A community Long Term Financial Plan Forum was held in the Council Chambers on the 14 May 2019 as per the Council Resolution resulting from the annual electors meeting.

Financial Implications

Although the adoption of the Long Term Financial Plan does not have any financial implications, the annual budget will be drafted in line with year 2 of the Long Term Financial Plan.

The LTFP also documents the implications of sustainability for the Shire over a 10 year period and the implications from a financial perspective of the assumptions that underpin the plan.

Asset Management Implications

The Long Term Financial Plan sets out the strategies to close the life cycle gap and still ensure service delivery is maintained at an acceptable level to the community.

Statutory Implications

Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 Section 19 outlines what is required of Planning for Future documents.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Civic Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

Corporate Business Plan 2017/2018 – 2020/2021

L2.6 Annual Review of Long Term Financial Plan

Environmental Considerations

Nil

Attachments

a ⇨.

Draft Long Term Financial Plan - Under Separate Cover

Officer’s Recommendation

That Council

1. Adopt the Long Term Financial Plan 2019/20 – 2028/29.

2. Request the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 June 2019 Page 124

Item: 12.4.2

Annual Review of the Delegated Authority Register 2019/2020

Author/s	Sarah Moroney	Corporate Reporting & Governance Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D19/13692

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to review its delegations to the Chief Executive Officer in accordance with the requirements of Section 5.46(2) of the Local Government Act 1995.

Recommendation in Brief

That Council endorse the Delegated Authority Register 2019/2020.

Background

Section 5.42 of the Local Government Act 1995 (the Act) provides authority to a local government to delegate to the CEO any of its powers or the discharge of any of its duties under the Act other than those referred to in section 5.43.

Section 5.46(2) requires that at least once every financial year, delegations are to be reviewed by the delegator. Council last reviewed its delegations at the Ordinary Council Meeting 22 May 2018 (Resolution No. O0518-098), and therefore a formal review by Council is now required.

A full copy of the proposed Delegated Authority Register 2019/2020 has been appended under separate cover for the information of Elected Members (Attachment B).

Officer’s Comment

Whilst section 5.46(2) of the Act requires delegations to be formally reviewed annually, this does not preclude local governments from amending or enabling new delegations on an ad-hoc basis as required throughout the year. During the course of the 2018/2019 financial year no amendments were made to the register after the full review was completed.

The purpose of this annual review is for Council to consider its delegations to the Chief Executive Officer and Authorised Persons, and determine their ongoing suitability. Delegations to the CEO are at the discretion of Council. Council may elect to make changes to the delegations, these will be recorded and alterations to the register made accordingly.

There have been no changes to higher legislation since the previous review was undertaken that impact the delegations in place from the previous year.

During the 2018/19 financial year no Local Laws reviews were undertaken, creating an opportunity to carry out an in-depth review of the Shire’s Delegated Authority process, including the Delegated Authority Register. This process complemented the previous reviews which focused on delegations aligning with staff responsibility and operational requirements.

This in-depth review has involved reviewing the necessity of the Delegation, evaluating them with relevant legislation and comparing them against other Local Governments and the new WALGA template model. There is a large number of changes proposed which range from small wording changes to the removal of some delegations. Overall minimal changes have been made to the authority being delegated to the CEO. The most notable change to delegated authority is the combination of two (2) delegations related to Tenders (previous delegation 1.1 and 1.18) and the additional provisions for Expressions of Interest and Pre-qualified Supply Panels in proposed delegation 1.1 Expressions of Interest, Tenders and Pre-qualified Suppliers. The majority of changes were of an administrative nature and have not effected the Function Performed by the CEO.

Changes to wording were predominately undertaken to make the Function Performed simpler to understand for all readers of the register. This was particularly important as following this review the Delegated Authority Register will be available on the Shire website. Legislation can often be written in a language that is not easy to understand for the lay person and it was our intent to correct this where possible within the Function Performed area.

The changes and the reasons for each change has been outlined in Attachment A – Summary - Proposed Changes - Delegated Authority Register Review 20192020. Please note Attachment A should be read in conjunction with Attachment B - Tracked Changes - Delegated Authority Register 2019/2020 - Council to Chief Executive Officer & Authorised Persons which has been edited using tracked changes to clearly show recommended deletion, changes and insertions to the Register. Attachment C - Final Draft - Delegated Authority Register 2019/2020 - Council to Chief Executive Officer & Authorised Persons has been provided to demonstrate what the Delegated Authority Register will look like if all proposed changes are endorsed by Council.

Consultation

Executive Management Team

Middle Management Team

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Building Act 2011

Health Act 1911

Public Health Act 2016

Planning and Development Act 2005

Bush Fires Act 1954

Food Act 2008

Dog Act 1976

Litter Act 1976

Cat Act 2011

Local Government (Miscellaneous Provisions) Act 1960

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

Corporate Business Plan 2017/2018 – 2020/2021

L1.6 Annual Review and update Delegated Authority Register

Environmental Considerations

Nil

Attachments

a ⇩.	Summary - Proposed Changes - Delegated Authority Register Review 2019/2020
b ⇨.	Tracked Changes - Delegated Authority Register 2019/2020 - Council to Chief Executive Officer & Authorised Persons - Under Separate Cover
c ⇨.	Final Draft - Delegated Authority Register 2019/2020 - Council to Chief Executive Officer & Authorised Persons - Under Separate Cover

Officer’s Recommendation

That Council endorse the proposed Delegated Authority Register 2019/2020 - Council to Chief Executive Officer & Authorised Persons.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 June 2019 Page 139

Item: 12.4.3

Esperance Twin Towns Committee - Change to Representatives

Author/s	Sarah Moroney	Corporate Reporting & Governance Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D19/14106

Applicant

Lions Club of Esperance

Location/Address

N/A

Executive Summary

The Lions Club of Esperance (Lions Club) has contacted the Shire of Esperance to advise the resignation of Mr Phillip Jones from the Lions Club, thereby requiring him to step down as their representative on the Esperance Twin Towns Committee. The Lions Club have also requested that Mr Peter Dempster be appointed as the Lions Club of Esperance Representative.

Additionally, one (1) resignation was received from a Community Representative, Ms Catherine Davies.

Recommendation in Brief

That Council accept the resignation of Mr Phillip Jones and appoint Mr Peter Dempster as the Lions Club of Esperance Representative.

Background

The Esperance Twin Towns Committee (the Committee) has been operating for 30 years. The role of the Committee is:

“To make recommendations to Council on developing and fostering the relationship with Ill de Re, France, through the promotion of social, cultural and educational links and a student exchange program so as to encourage an understanding of the French culture and the involvement of France in the early history of Esperance.”

The Lions Club of Esperance is one (1) of two (2) external organisations represented on the Committee and is fundamental to the Committee’s principal responsibilities in particular, “1. Coordinate the student exchange program in conjunction with the Lions Club of Esperance.”

On 10 June 2019 the Shire received correspondence to advise that Mr Phillip Jones was resigning from the Lions Club of Esperance and therefore could no longer represent the Club on the Committee. The Lions Club have requested that Mr Peter Dempster be appointed as their Representative on the Esperance Twin Towns Committee.

At an Esperance Twin Towns Committee Meeting on 11 June 2019 Ms Catherine Davies tabled her resignation as a Community Representative on the Committee. (Attachment B)

Officer’s Comment

The Lions Club of Esperance have requested that Mr Peter Dempster be appointed as their Representative on the Esperance Twin Towns Committee. As mentioned in the Background of this report, their representation is important to the one of the core responsibilities of the Committee. It is being recommended that Council appoint Mr Dempster to this role.

The Community Representative position made vacant by Ms Catherine Davies’ resignation will be advertised and a report containing any expressions of interest received to the position will be submitted for Council consideration in July 2019.

Mr Jones has been a member of the Esperance Twin Towns Committee for 16 years and Ms Davies has held her position for since the Committee was formed for 30 years. It is being recommended that both Mr Jones and Ms Davies are recognised for their dedication and service to the Community while serving on this Committee.

Consultation

Lions Club of Esperance

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

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

Environmental Considerations

Nil

Attachments

a ⇩.	Notification - Change of Representative - Lions Club of Esperance
b ⇩.	Resignation - Community Representative - Catherine Davies

Officer’s Recommendation

That Council

1. Accept the resignation of Mr Phillip Jones and recognise him for 16 years of Service.

2. Accept the resignation of Ms Catherine Davies and recognise her for 30 years of Service

3. Appoint Mr Peter Dempster as the Lions Club of Esperance Representative to the Esperance Twin Towns Committee.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 June 2019 Page 143

Item: 12.4.4

Proposed Review of Greater Sports Ground Redevelopment Masterplan

Author/s	Shane Tobin	Community Development & Events Coordinator
	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D19/14139

Applicant

Greater Sports Ground Redevelopment Committee

Location/Address

Executive Summary

Following commencement of the construction of the new Indoor Sports Stadium, the GSG Redevelopment Committee believes it is appropriate that the current GSG masterplan is reviewed to ensure it takes the new stadium and current sporting trends into consideration.

Recommendation in Brief

That Council reviews the current GSG Redevelopment Master Plan and amends it to reflect current needs.

Background

There have been a number of items that have been considered/proposed by the GSG Redevelopment Committee over the past couple of years. These have all been waiting on final decisions regarding the new Indoor Sports Stadium to be progressed. Now that the contract for construction of the new stadium has been awarded, progress on other elements within the GSG can be considered.

At the GSG Redevelopment Committee meeting of 27 May 2019 the following resolution was passed:

That the GSG Sports Ground Redevelopment Committee recommend to Council that the current GSG Redevelopment Master Plan be reviewed and updated to reflect current needs.

The committee believes this is the necessary next step due to the existing redevelopment masterplan (Attachment A) is inconsistent with current developments (Attachment B).

Officer’s Comment

The view of the committee is supported by officers and it is proposed that the review be undertaken in-house at this point.

Decisions regarding the future of the existing Indoor Stadium and Noel White pavilion need to be made before a clear picture of impacts on the GSG as a whole are understood, once these are finalised an appreciation of the work involved and any budgetary resulting implications can be identified and dealt with.

Consultation

The committee had input from the CEO, Director Asset Management and the Community and Economic Development team when considering this issue.

Financial Implications

There are no financial implications associated with this recommendation at this time. In the event that additional financial resources are required to complete this, a budget allocation will be sought at budget review or within a future budget year.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

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

Environmental Considerations

Nil

Attachments

a ⇩.	Current GSG Redevlopment Masterplan
b ⇩.	Current layout including new stadium

Committee Recommendation

That Council

1. Review and update the current GSG Redevelopment Master Plan to reflect current needs.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 June 2019 Page 161

14. Motions of which Notice has been Given

Notice of Motion (1)

That Council forward in full the information received from the Friends of the Esperance Tanker Jetty Association Inc regarding reconstruction of the state heritage listed Esperance Tanker Jetty to the Heritage Council and the Heritage Minister for their consideration.

Moved: Cr Payne Seconded:

Rationale

In February 2019 the Friends of the Esperance Tanker Jetty Association Inc forwarded information regarding reconstruction of the Esperance Tanker Jetty to the Shire of Esperance. This included costed quotes from Maritime Constructions, Shorewater Marine and refers to a previous quote from Davey Hydraulics.

In November 2017 the Esperance Shire Council rejected a study into the feasibility of reconstructing the jetty and at the same time resolved that it was not prudent or feasible to do so without actually doing the study. The community has done research into the feasibility of reconstruction and have requested that we forward this information to the Heritage Council and Heritage Minister for their consideration. As part of ensuring that Council acts in an open and transparent manner regarding whether it is in fact feasible and prudent to reconstruct the jetty Council should consider forwarding this important information on to the Heritage Council and Heritage Minister for their consideration.

Officers Comment

The following advice has been received from the Western Australian Local Government Association (WALGA) regarding this motion on notice:

In relation to Cr Payne’s first Notice of Motion, it is not apparent that the report commissioned by the FOTETJ Association has been formally presented to Council for consideration/receival /adoption. It is my view that it would be inappropriate for the Council to consider this Notice of Motion in its current form for 2 reasons;

1) a question hangs over the ownership of this information and it is imprudent for any Councillor in receipt of a copy to propose that Council take direct responsibility for providing it to the Heritage Council/Minister, and;

2) it appears self-evident that the Association is capable of forwarding this report, if it hasn’t done so already, and the Notice of Motion (if carried) stands the risk of being characterised as an endorsement of the report and will subsequently confuse any recipient as to the Council’s current position on the matter of the Tanker Jetty.

Notice of Motion (2)

That Council seek tenders for both the Heritage Council’s preferred option of reconstruction of the jetty to the 1935 design and the new replacement jetty.

Moved: Cr Payne Seconded:

Rationale

In November 2017 the Esperance Shire Council rejected a study into the feasibility of reconstruction of the jetty to the 1935 design, the preferred option of the Heritage Council. At the same time Council resolved that it was not prudent or feasible to reconstruct the jetty without actually doing the relevant study. There are a number of highly competent Australian marine contractors experienced in timber jetty construction. In order to allow the market to determine through the formal tender process whether it is in fact feasible and prudent for the Shire to deliver the Heritage Council’s preferred outcome of reconstructing the jetty Council should consider allowing tender submissions for both the preferred option of reconstruction as well as the alternative option of a new jetty.

Officers Comment

The following advice has been received from the Western Australian Local Government Association (WALGA) regarding this motion on notice:

At face value, Cr Payne’s second Notice of Motion cannot be considered unless prefaced by one or more rescission motions in accordance with Regulation 10 of the Local Government (Administration) Regulations relating to any Council decision that are affected by Cr Payne’s proposal. In making this comment it is noted that as recently as the Ordinary meeting of 28 May 2019, Council passed further resolutions regarding the Tanker Jetty and authorised [the CEO] to progress these matters. Cr Payne’s second Notice of Motion appears contradictory to Council’s adopted position(s) on the Tanker Jetty and I do not believe it can be contemplated at the same time as legally binding decisions and actionable authorisations are in effect.

Additional advice has been sourced from Heritage Services, on behalf of the Heritage Council of Western Australia (HCWA), confirming “Any proposal that differs from the one that the Heritage Council has supported will need to be presented to the Heritage Council for its advice.”

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

16. URGENT BUSINESS APPROVED BY DECISION

a ⇩.	Information Bulletin - April 2019
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇨.	Corporate Performance Report - April 2019 - Under Separate Cover
d ⇨.	RCAWA Minites 11042019 - Under Separate Cover

Disclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Declaration of Interest (Notes for Your Guidance)

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Shane Burge	Director Corporate Resources

Author/s	Alli McArthur	Administration Officer - Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer