Ordinary Council: Agenda

27 August 2019 Page 5

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

27 August 2019 Page 14

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 27 August 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

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

QUESTION TAKEN ON NOTICE - JULY ORDINARY COUNCIL MEETING

Asked by Dr Kaj Nieukerke

Answered by Mr Matthew Scott - Chief Executive Officer

Please find below the response to your question asked at the July 2019 Ordinary Council Meeting that was taken on notice question:

Dr Nieukerke referred to the recent works at the Esperance Civic Centre, he questioned what the total maintenance cost has been for the Civic Centre, including the proposed 100k for Public Art Work.

The 2018/19 Planned Building Maintenance Program - Civic Centre works consisted of the below tasks:

• Maintenance of auditorium dance floor

• Maintenance of reception dance floor

• Raise shower heads in back-stage change rooms

• Replace small dishwasher in reception room bar

• Uplights/downlights to external areas*

• External building artworks*

• Internal painting foyer/auditorium walls

• Replace foyer track lighting with LED's

• Gyprock/render to internal foyer walls

• New jarrah bar tops

• Gyprock/render to auditorium internal walls

• Stage rigging, pulleys, curtains

Cost: $119,647

The 2017/18 Planned Building Maintenance Program - Civic Centre works consisted of the below tasks:

• Replace bowed ceiling panels in backstage change rooms - females

• Cover over loading area doors & external light

• Ceiling repairs

• Paint auditorium ceiling

• Scaffold

• Replace auditorium lamps

• Patch/repaint stage floor (matte black)

• Repaint ceilings foyer/auditorium airlocks

• Re- varnish timberwork in auditorium

• Replace rusty shelving in cool room & check seal on door

• External Surface render

• Roof and fagade repaint

• Theatrical Rigging & Hoist System Initial Audit / Inspection

• Maintenance of dance floor in auditorium

Cost: $257,580

Should you have any further queries please don't hesitate to contact me on the number above.

QUESTION TAKEN ON NOTICE - JULY SPECIAL COUNCIL MEETING

Asked by Dr Kaj Nieukerke

Answered by Mr Matthew Scott - Chief Executive Officer

Thank you for your questions at the Special Council Meeting on 30 July 2019. It was recorded in the Minutes that you asked the below question which was taken on notice;

"Dr Nieukerke questioned the number of Full Time Equivalents (FTE)."

To answer your enquiry, the estimated FTE's in the 2019/20 Budget is 220. I hope this clarifies your question.

Should you require any additional information, please do not hesitate to contact me using the details below.

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 23 July 2019, and the Special Council Meeting of the 30 July 2019 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Elected Member Attendance 2019/2020

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

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Budget Variation - Grant Funding - Unallocated Crown Land (UCL) Mitigation

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Terry Sargent	Director External Services

File Ref: D19/18378

Applicant

Location/Address

Executive Summary

To advise Council of a successful application of funds through the South East Fire Working Group for Dept Parks and Wildlife to undertake fire mitigation work within the Unallocated Crown Land (UCL) north of Cascade, and to make appropriate provision for the receipt of these funds and approve the associated expenditure.

Recommendation in Brief

That Council approve the budget variation for the Shire of Esperance to accept, manage and expend a $30,000 grant from the Rural Fire Division, through the South East Fire Working Group, on behalf of Dept Parks and Wildlife to undertake fire mitigation work within Unallocated Crown Land.

Background

In September 2018, the South East Fire Working Group (SEFWG), consisting of representatives from Dept Fire and Emergency Services, Great Southern District (DFES), Parks and Wildlife, Great Southern District (PaW) and the Shires of Esperance, Ravensthorpe and Jerramungup, was formed to identify mitigation works to be undertaken within the Unallocated Crown Land (UCL).

The SEFWG reports to the Rural Fire Division, within DFES. The Rural Fire Division has funding available for UCL mitigation, and the intent of the SEFWG was to establish current UCL mitigation strategies and develop a holistic mitigation plan across the district, with a view to prioritising works and funding.

PaW have the legislated responsibility for mitigation works within UCL, however, the funding, is available through the Rural Fire Division (part of DFES). Payment cannot be directly paid to PaW, by DFES, as each agency is a State Government Department, and financial transactions cannot be made between the two. As such, the Shire of Esperance would be required to act as an intermediary in the process, by receiving and managing the grant, on PaW’s behalf.

Officer’s Comment

For many years, concerns have been raised in relation to the limited mitigation work and associated funding available for works within the UCL. Programs periodically commence i.e. Greater Western Woodland, in the UCL, however funding rarely extends beyond a two or three year period, therefore long term benefit is not achieved.

Since the 2015 Fires, where the fire started by a lightning strike within the UCL and burnt into farmland, mitigation in the UCL has been an increasingly contentious issue.

Local representatives from DFES, PaW, the Esperance Bush Fire network and the Shire have met on a number of occasions to identify works required within the Shire, with a tenure and responsibility blind approach. This planning has looked at a longer term, 5 – 10 year program. This work is being consolidated and prepared in a format that will form a report not only for the SEFWG to endorse and provide to the Rural Fire Division, but also to form part of the bush fire risk management planning currently underway for the Shire.

A number of activities have been identified through this project; however, this initial funding has been received for aerial incendiary support, to undertake prescribed burning in the area north of Cascade. This work is very weather dependent, whereby the weather needs to be conducive to burning, with rain soon to follow. The ideal weather conditions presented at the beginning of August and the activities undertaken accordingly with great success. Council were advised of this work at a briefing on 30^th July 2019, as the money would be expended prior to formal approval.

A report, summarising the recent activities, is being prepared by PaW in a bid to highlight the benefits of prescribed burning in this manner in the vast areas of UCL to support further funding for other projects in the future.

Consultation

South East Fire Working Group

Dept Fire and Emergency Services

Dept Biodiversity, Conservation and Attractions – Parks and Wildlife

Shire of Esperance Bush Fire Network Leadership Group

Financial Implications

The financial implications arising from this report are

Description		Budget Figure	Amended Figure	Variation
Fire Prevention – Grants, Subsidies and Contractors	01-4090-115-155	0	($30,000)	($30,000)
UCL Mitigation Works	W3377	0	$30,000	$30,000
Net result				0

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A feeling of safety and confidence within our neighbourhoods and a sense of security

Develop and maintain a safe environment for the community

Environmental Considerations

The environmental considerations arising from this report are being considered and managed by PaW being the incident managers of this prescribed burn.

Attachments

Nil

Officer’s Recommendation

That Council:

1. The $30,000.00 grant from the Rural Fire Division, through the South East Fire Working Group, be accepted, managed and expended on behalf of Dept Parks and Wildlife to undertake fire mitigation work within Unallocated Crown Land.

2. Approve budget variation as follows;

Description		Budget Figure	Amended Figure	Variation
Fire Prevention – Grants, Subsidies and Contractors	01-4090-115-155	0	($30,000)	($30,000)
UCL Mitigation Works	W3377	0	$30,000	$30,000
Net result				0

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 August 2019 Page 15

Item: 12.1.2

Development Application - Proposed Outbuilding - Lot 114 Tranquil Drive, Windabout

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

File Ref: D19/19054

Applicant

Nathan Lang on behalf of B P Freeman on behalf of K & B Walker

Location/Address

Lot 114 Tranquil Drive, Windabout

Executive Summary

For Council to consider Development Application 10.2019.4169.1 for an Outbuilding (Shed) at Lot 114 Tranquil Drive, Windabout.

Recommendation in Brief

That Council resolve to refuse Development Application 10.2019.4169.1 for an Outbuilding (Shed) at Lot 114 Tranquil Drive, Windabout.

Background

A development application for an Outbuilding (Shed) at Lot 114 Tranquil Drive, Windabout was received on 8 August 2019. The application is lodged by a party (K & B Walker) who are interested in purchasing Lot 114 Tranquil Drive, Windabout from the current landowner (B P Freeman) subject to approval being granted for this application.

Unfortunately as there is no dwelling existing or proposed on Lot 114 Tranquil Drive to replace the one approved in the Outbuilding, this renders the proposal inconsistent with Clause 30(a) of Schedule 1 of Local Planning Scheme No. 24 which states:

Erection of an outbuilding on a Residential or Rural Residential zoned lot is not permitted unless development approval has already been issued for the erection of a single house, grouped dwelling or multiple dwelling on the lot.

Furthermore, Local Planning Policy: Outbuildings applies a maximum site area for an Outbuilding of 200 square metres (with a maximum 25% variation), a maximum wall height of 4.5 metres (with a 10% variation) and a maximum roof height of 6.0 metres (with a 10% variation. In this instance the applicant proposes a site area of 450 square metres, a wall height of 5.0 metres and a ridge height of 6.5 metres.

As such the application is referred to Council for determination.

Officer’s Comment

Clause 30(a) was originally inserted in Local Planning Scheme No. 24 due to the construction of numerous unapproved dwellings in previously approved Outbuildings in Rural Residential, and to a lesser extent Residential zoned areas.

Planning Services recommends that the application be refused on the grounds that were the proposal to be approved it would create precedence for overriding Clause 30(a), essentially rendering this Clause irrelevant.

If Council consider approving the development Clause 64 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 will need to be complied with.

If this option is exercised is should also be noted that the local government is required to enforce or implement effectively the observance of the Scheme.

To administer the Scheme effectively the application should be laid on the table until such time as the proponent prepares a Local Planning Scheme Amendment and that such amendment is to be gazetted prior to the item being considered. If this approach is taken it is unlikely to be supported by the WAPC as an ‘Outbuilding’ is incidental to a dwelling by definition in the R-Codes.

An ‘Outbuilding’ is listed as an ‘I’ use which means that the use is permitted if it is consequent on, or naturally attaching, appertaining or relating to the predominant use of the land and it complies with any relevant development standards and requirements of this Scheme.

Under this provision development approval could not be issued for an ‘Outbuilding’ on a vacant ‘Rural Residential’ lot.

If the proponent lodges an application for a dwelling on the site the outbuilding could be approved concurrently with the development approval for the dwelling and would satisfy Clause 30(a) of the Scheme.

Consultation

Four non-objections from adjoining and opposite landowners were provided with the application. The fifth adjoining landowner is the current owner of Lot 114 Tranquil Drive.

Financial Implications

Application fees totalling $147.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

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 considered that the Scheme has been enforced effectively if the officer recommendation is supported.

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

Nil

Attachments

a ⇩.

Plans

Officer’s Recommendation

That Council resolve to refuse Development Application 10.2019.4169.1 for an Outbuilding (Shed) at Lot 114 Tranquil Drive, Windabout on the following grounds:

1. The proposed development is inconsistent with Clause 30(a) of Schedule 1 of Local Planning Scheme No. 24.

2. The proposed development is inconsistent with the provisions of Local Planning Policy: Outbuildings.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 24

Item: 12.1.3

Development Application - Recreation Private (Acacia Gardens) - Lot 406 (556) Keenan Road, Pink Lake

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

File Ref: D19/19083

Applicant

A E & J A Wuttrich

Location/Address

Lot 406 (556) Keenan Road, Pink Lake

Executive Summary

That Council consider an application for Recreation – Private (Acacia Gardens) at Lot 406 (556) Keenan Road, Pink Lake.

Recommendation in Brief

That Council approve an application for Recreation – Private (Acacia Gardens) at Lot 406 (556) Keenan Road, Pink Lake subject to a number of conditions.

Background

A development application (Attachment A) for Recreation Private at Lot 406 (556) Keenan Road was received by the Shire of Esperance on 31 July 2018.

The purpose of the application was to re-activate the Acacia Gardens tourism operation after the period approvals expired.

Acacia Gardens was originally granted planning approval on 11 April 2006 for a period of two years with this approval expiring on 11 April 2008 with no requests for renewal being received. Another application was submitted on 6 October 2009 for the same use with the approval period lasting 5 years with this approval expiring on 6 October 2014, and again no requests for renewal were received by shire staff. Subsequently when the applicants advised that they wished to expand the operations, they were notified that a new application would be required as the previous approvals had lapsed.

This matter was previously considered at the December 2018 Ordinary meeting of Council where it was resolved (O1218-105):

That Council:

1. Defer further consideration of Development Application 10.2018.3896.1 to enable the proponents to continue discussions with the Department of Water and Environmental Regulation (DWER) seeking a reconsideration of their proposal;

2. Request the CEO to write to DWER, acknowledging the need to protect the town’s drinking water source whilst explaining the benefits of this proposal to the community;

3. Request DWER to determine what level of development may be approved on Lot 406 Keenan’s Rd Pink without adversely impacting the protected water resource; And

4. Instruct the CEO to write to Local Members of State Parliament and ask for their support to work with the proponent, the Shire and the DWER to find a solution that can allow this development to go ahead without detriment to the Community’s water supply.

As a consequence of this resolution negotiations between the Shire, Applicant and DWER have been ongoing. As a result of this an amended plan and description of the development were supplied to DWER (Attachment B and C) and a response was received (Attachment E).

This matter is brought back to Council as DWER has now advised that the development can be approved subject to a number of restrictions placed by condition on the approval.

Officer’s Comment

DWER has agreed to the processing of the application without further referral subject to the following restrictions:

· Occupancy Limited to not more than 50 persons per day (See Attachments C and E)

· Effluent Disposal being limited (WQPN 70: Wastewater treatment and disposal domestic systems (interim update, March 2016)

· Pre-packaged foods only (See Attachment D)

It should be noted that DWER advised that a waterless toilet is acceptable under DWER policy.

The subject site is located within a Bush Fire Prone Area and as such a Bushfire Attack Level Assessment (BAL) is required to be undertaken. The outcomes of this plan are to be implemented.

As the BAL is likely to require some clearing on the site consideration needs to be given to the presence of the Proteaceae Dominated Kwongkan Shrubland ecological community, as outlined under “Environmental Considerations”.

Access to the site is to be by a constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

It should be noted that a full assessment of the proposal as well as related referrals to Environmental Health and Building Services we undertaken once DWER had agreed that the development was capable of being approved.

Other conditions are placed on the development consistent with requirements of Local Planning Scheme No. 24 and other legislation.

Consultation

Department of Water and Environmental Regulation

Shire of Esperance (Environmental Health)

Shire of Esperance (Building Services)

Financial Implications

Application fees totalling $295.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Environmental Protection and Biodiversity Conservation Act 1999 (Cth)

· Local Planning Scheme No. 24

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

The proposed Development is located within the Priority 2 ground water area of the Esperance Water Reserve Drinking Water Source Protection Plan and hence has to comply with the requirements of Department of Water and Environmental Regulation.

The development site is within the area noted as being likely to contain the Proteaceae Dominated Kwongkan Shrubland ecological community. This ecological community is listed in the Australian Government Environmental Protection and Biodiversity Conservation Act 1999 (EPBC) as a threatened ecological community. Clearing of this vegetation complex requires an EPBC referral to the Department of Environment and Energy (Cth).

Attachments

a ⇩.	Site Plan (Detailed Site)
b ⇩.	Overall Site Plan
c ⇩.	Applicants Clarification to DWER
d ⇩.	DWER Advice and Clarification
e ⇩.	DWER Responses and Clarification

Officer’s Recommendation

That Council approve Development Application 10.2018.3896.1 for the purpose of Recreation – Private at Lot 406 (556) Keenan Road, Pink Lake 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 Recreation - Private in accordance with the following definition only and for no other purpose unless otherwise approved in writing by the Shire of Esperance (Planning Services):

recreation — private means premises that are —

(a) used for indoor or outdoor leisure, recreation or sport; and

(b) not usually open to the public without charge;

3. The lot is identified as containing the Proteaceae Dominated Kwongkan Shrubland ecological community, listed as endangered under the Environmental Protection and Biodiversity Conservation Act 1999, the removal of vegetation will not be supported prior to the proponent satisfying the requirements of the Department of the Environment and Energy.

4. Prior to the commencement of the use, a Bushfire Attack Level Assessment is to be undertaken by an Accredited Bush Fire Attack Level (BAL) Assessor and all recommendations implemented.

5. The approved development shall provide a permanent water supply of not less than 10,000 litres for bush fire fighting purposes. A building permit is required for a water storage tank with a capacity of over 5,000 Litres.

6. The approved development shall provide a supply of potable water adequate to meet the needs of the development. A building permit is required for a water storage tank with a capacity of over 5,000 Litres.

7. The approved development is to comply with the provisions of Australian Standard 3959 – Construction of Buildings in Bushfire Prone Areas.

8. The driveway/accessway shall be constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

9. The development is limited to a maximum of 50 persons attending the site in any one day and a log book of attendance is to be kept and made available to the Shire of Esperance on request.

10. No food is to be prepared on the site for the Recreation - Private with food sales being restricted to hot and cold beverages and pre-packaged foods only.

11. A minimum of 25 car parking bays and any applicable accessible bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking, Australian Standard 2890.6 and the Building Code of Australia.

12. The use of the site for Recreation - Private is limited to daylight hours only.

13. As the proposed development is located within the Priority 2 area of a public drinking water source area only one on site effluent disposal system is permitted and furthermore effluent disposal is limited by Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas and Water Quality Protection Note No. 70 – Wastewater treatment and disposal – domestic systems.

14. Prior to any application for a Building Permit or BUILDING APPROVAL BEING RECEIVED, an Application to construct or install an Apparatus for treatment of Sewage to upgrade the current system or installation of any new type of system will be required. Application is found at:

https://www.esperance.wa.gov.au/sites/default/files/publication/files/septic-application_1_1.pdf

15. Prior to the application for a Building Permit, a soil stabilisation, erosion and dust, sand drift and/or wind borne material control plan shall be submitted to and approved by the Shire of Esperance (Asset Management Division/Environmental Health Services). The plan so approved shall be implemented for the duration of the site works and subsequent building construction activities on the site are to occur in accordance with the approved plan.

16. All future development, including signage, is to possess a valid development approval.

17. 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.

18. The development hereby approved must not cause the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, chemicals and/or any other type if emission that may potentially impact on environmental and/or public health and are to be mitigated within the boundaries of the premise and must not impact on public health and/or cause nuisance.

19. 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).

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

21. 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).

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

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. THIS IS NOT A BUILDING APPROVAL CERTIFICATE. An application for a building approval certificate is required to be submitted and approved by the Shire of Esperance (Building Services).

3. Owners, builders and developers undertaking development of any kind are advised of their responsibility to comply with the requirements of the Disability (Access to Premises – Buildings) Standards 2010 and the Disability Discrimination Act 1992.

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

5. The approved use/development is required to comply with the Health (Public Buildings) Regulations 1992.

6. Application for Public Building Approval shall be made to the Shire of Esperance’s Environmental Health Services for assessment and approval prior to the commencement of development. The application is to include:

Two (2) sets of scaled plans (minimum of 1:100) and specifications shall be submitted to Environmental Health Services and shall include the following information:

· location and width of emergency exits;

· location of emergency exit signage;

· location and number of sanitary facilities;

· emergency lighting; and

· intended use of each public building area.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

The building must not be opened to the public until a Certificate of Approval or a Variation of Certificate of Approval has been issued by the Shire Esperance in accordance with section 178 of the Health (Miscellaneous Provisions) Act 1911.

The Health (Public Buildings) Regulations 1992 contain construction requirements that may be in addition to requirements contained in the Building Code of Australia. The applicant should ensure that relevant requirements in these Regulations have been incorporated into the development design from the outset. Neglecting to do so may result in costly post-construction alterations or delays to the development process.

Further information can be obtained from Shire of Esperance (Environmental Health Services).The development the subject of this development approval is required to comply with the Shire Esperance Health Local Laws 2009.

7. The development is defined as a “Food Business” under the Food Act 2008. The development must comply with the Food Act 2008 and Food Regulations 2009 and the Australian New Zealand Food Standards Code.

8. In accordance with the provisions of the Food Act 2008 and Food Regulations 2009 an application to register the food business hereby permitted must be submitted and approved by the Shire of Esperance (Health Services) prior to the commencement of operations.

9. Prior to commencement of development, an Application to Fit out of the food premises shall be submitted to and approved by Shire of Esperance (Environmental Health Services). Application information required is to be in line with Shire of Esperance Food Premise Design, Construction & Fit-Out Guide.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

10. A food business not connected to an approved water scheme requires a water supply service to the satisfaction of Health Services and will require regular water monitoring to ensure potability and compliance with the Australian Drinking Water Guidelines No 6.

11. The approved development is required to comply with the following legislation (as amended from time to time):

· Health (Miscellaneous Provisions) Act 1911

· Occupational Safety and Health Regulations 1996

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Health (Smoking in Enclosed Public Places) Regulations 1999;

12. 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.

13. 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.

14. 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.

15. The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

16. It is the responsibility of the Applicant to ensure that all required approvals and permits are in place prior to the commencement of any works on or usage of the site.

17. The landowner is to be aware that mosquitoes can breed in tanks containing water, including rainwater tanks, if the tanks are not well maintained and properly constructed. It is strongly encouraged that the landowner ensures water tanks and openings are sealed and inlets covered with mosquito-proof mesh as mosquitoes are a possible vector of disease.

18. In relation to Condition 3 the Shire of Esperance understands that the subject land may contain Proteaceae Dominated Kwongkan Shrubland which is a matter of national environmental significance. A person proposing to take an action that is likely to have a significant impact on a matter of national environmental significance must refer their proposal to the Department of the Environment and Energy (Commonwealth) for assessment and approval under the Environment Protection and Biodiversity Conservation Act 1999 before it can proceed. Substantial penalties apply to a person who takes such an action without approval. If you are uncertain about which matters of national environmental significance might be present, a Protected Matters Report can be created at

http://www.environment.gov.au/epbc/protected-matters-search-tool

This report will list all matters of national environmental significance that may occur in the proposed development area.

Not all actions affecting matters protected by the Act will have a significant impact and require approval. Guidelines for determining if the impact of an action is likely to be significant are available from the Department's website at

www.environment.gov.au/epbc/guidelines-policies.html

If you have any questions about your obligations under the Environment Protection and Biodiversity Conservation Act 1999, or wish to discuss your proposal, you may contact the Department of the Environment and Energy. Further information, including contact details, is available at:

http://www.environment.gov.au/epbc/publications/pre-referral-meeting-guidance

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 45

12.2 Asset Management

Item: 12.2.1

Esperance 2050 Cycling Strategy

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D19/18593

Applicant

Department of Transport

Location/Address

N/A

Executive Summary

For Council to consider the Esperance 2050 Cycling Strategy.

Recommendation in Brief

That Council:

1. Endorses the Esperance 2050 Cycling Strategy developed by the Department of Transport, in collaboration with Shire officers, and

2. Considers the priority actions identified within the Strategy for inclusion in the:

a. Next Long Term Financial Plan review; and

b. Annual Capital Works Programs.

Background

The Department of Transport (DoT) approached the Shire in late 2017 about developing a cycling strategy for the Shire of Esperance. The DoT is currently developing a number of these plans across regional WA. The project is funded and lead by the DoT in collaboration with the Shire. The Shire accepted the proposal to develop a 2050 Cycling Strategy. The below information from the DoT provides some background to the 2050 Cycling Strategy project.

A key action of the Western Australia Bicycle Network (WABN) Plan 2014-2031 is to improve planning for cycling in the regions. Specifically to identify gaps in existing cycling networks, plan for future growth corridors, and produce strategic and operational plans for identified regional centres and surrounding areas.

There is growing demand for high quality cycling infrastructure in Western Australia's regional centres, with residents expecting a higher level of bicycle connectivity between work, home and other key destinations. In some regions there are also opportunities to improve connectivity between towns.

Cycle-tourism, in its various forms, is increasingly popular and there is significant potential for regional WA to capitalise on this growing industry.

This project aims to develop aspirational cycling strategies across regional WA, in partnership with local government. Positioned as long-term strategies out to 2050, each document will be accompanied by a short-term implementation program to prioritise the delivery of strategic infrastructure.

The DoT has engaged Cardno to undertake the Esperance 2050 Cycling Strategy, the project program is detailed below:

· Project initiation (complete)

· Community Consultation Phase 1 - drop-in sessions (complete)

· Develop draft network and report for stakeholder input (complete)

· Develop draft for consultation (complete)

· DoT sign off on draft for consultation (complete)

· Council briefing prior to Community Consultation Phase 2 (complete)

· Community Consultation Phase 2 - formal comment period (complete)

· Document engagement outcomes (complete)

· Development of the Action Plan (complete)

· Update Final Draft Strategy, including agreed Action Plan (complete)

· DoT sign off on Final Strategy including Action Plan (complete)

· Council approval / endorsement of the Final Strategy including Action Plan

· Public release of Final Strategy

Council supported the Draft Esperance 2050 Cycling Strategy at its February 2019 Ordinary Council Meeting to procced to formal comment.

O0219-019

Council Resolution

That Council advises the Department of Transport of its support for the Draft Esperance 2050 Cycling Strategy to proceed to formal comment.

Officer’s Comment

The Esperance 2050 Cycling Strategy included in Attachment A has now been developed and reviewed internally and by the DoT. The Esperance 2050 Cycling Strategy is a long term aspirational strategy including a detailed cycling network and hierarchy that has a short term action plan and long term goals for cycling in Esperance.

The Shire has already included a number of priority projects identified in the Esperance 2050 Cycling Strategy in this year’s Capital Works program:

· Primary Network actions:

o 1 – Pink Lake Road Corridor Upgrade – Planning and Design

o 1 – Pink Lake Road (Milner Street to Backland Street) - Construction

o 3 – Harbour Road (Brazier Street to Shelden Road) - Design and Construction

o 5 – Bandy Creek Weir Crossing - Design and Construction

· Secondary Network actions:

o 1 – Shelden Road (Harbour Road to Norseman Road) - Design and Construction

· Developing road cycling routes actions:

o 2 – Eleven Mile Beach Road – Part (0.6km) road shoulder widening– in conjunction with Black Spot funding

o 3 – Twilight Beach Road – Part (1.9Km) road shoulder widening – in conjunction with reseal program

o 4 – Fisheries Road (Norseman Road to Dempster Road) – Part (Goldfields Road to Merivale Road 3.5 Km) road shoulder widening

The Esperance 2050 Cycling Strategy has now gone through the development and public consultation and is presented to Council for endorsement and consideration for implementing the action plan.

Consultation

Community Consultation Phase 1 – drop-in and Councilor sessions

Community Consultation Phase 2 – formal comment

DoT

Financial Implications

The Esperance 2050 Cycling Strategy will help inform the Shires Long Term Financial Plan, annual construction programs and assist the Shire in applying for Western Australia Bicycle Network grants that are up to a 50% contribution of construction of cycling infrastructure.

Asset Management Implications

The Esperance 2050 Cycling Strategy will help guide the Shire on the priority investment for cycling infrastructure within the Shire of Esperance.

Statutory Implications

Nil

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

Corporate Business Plan 2018/2019 – 2021/2022

B3.4 Review and update Trails Master Plan and Implementation Schedule

Environmental Considerations

Nil

Attachments

a ⇩.

Esperance 2050 Cycling Strategy

Officer’s Recommendation

That Council:

1. Endorses the Esperance 2050 Cycling Strategy developed by the Department of Transport, in collaboration with Shire officers, and

2. Considers the priority actions identified within the Strategy for inclusion in the:

a. Next Long Term Financial Plan review; and

b. Annual Capital Works Programs.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 119

Item: 12.2.2

CBD Landscaping

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D19/18960

Applicant

Internal

Location/Address

Esperance CBD, as highlighted below

Executive Summary

For Council to consider the Esperance CBD Landscaping design

Recommendation in Brief

For Council to

Background

In 2015 the Shire endorsed the Esperance Town Center Revitalisation Master Plan, out of this plan there were actions around preparing a street scape and green scape style manuals for the Town Center. In the 2018/19 Budget council allocated funding towards CBD landscaping improvements; with a focus on Andrew Street. As part of the project H+H Architects were engaged to provide a Landscaping design for the whole CBD to provide a consistent and integrated theme that could be implemented over time.

The brief to H+H Architects was for a Landscaping design that covered soft scape, street furniture and only minor infrastructure changes, and was to consider the following:

· Liven up the CBD

· Link the CBD to the Foreshore, still keeping both spaces unique

· Consider native species

· Consider the Shire’s Sister City Île de Ré

· Work with the Flag system currently in place

· Work with the Christmas decorations / lights

· Work with the Norfolk Pine trees

· No grass or artificial turf

· View of the Bay down Andrew Street

· A consistent street furniture theme

In June 2019 Council were provided with a briefing session on the Draft Esperance CBD Landscaping design. The feedback from Council and Shire staff were provided to H+H Architects to be incorporated into the final design.

The Shire has now received the final Esperance CBD Landscaping design, included in attachment A.

Officer’s Comment

The final Esperance CBD Landscaping design provides a general design that can be implemented progressively, that will provide a consistent landscape and street furniture for the Esperance CBD. Specific implementation of some elements will require further design and engineering, which will be undertaken in the future.

It is recommended that Council endorse the CBD Landscaping design, as a guide for the implementation and upgrade of landscaping in the Esperance CBD.

The current focus and budget allocations include landscaping / planting in Andrew Street from the Esplanade to Dempster Street and street furniture throughout the Esperance CBD, including seating, bike racks, rubbish and recycling bins. Future priorities will be dictated by budget allocations.

Consultation

H+H Architects

Council Briefing

Parks and Reserve Staff

Financial Implications

The financial implications arising from this report included in the current budget allocations. It is not proposed to implement the whole plan in one hit, but gradually implement

Asset Management Implications

The Asset Management Implication from implementing the design are included in existing and future budget allocations.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Active, attractive and affordable town which the community is proud of

Create a vibrant, modern and safe built environment that reflects the community's identity

Environmental Considerations

Nil

Attachments

a ⇩.

Esperance CBD Landscaping - H+H Architects

Officer’s Recommendation

That Council endorse the Esperance CBD Landscaping design to guide the implementation and upgrading of Landscaping in the Esperance CBD.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 137

12.3 Corporate Resources

Item: 12.3.1

Lease Renewal Request - Goldfields Air Services - Car Hire Desk 3 Airport Terminal

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D19/17758

Applicant

Goldfields Air Services

Location/Address

Portion of the Esperance Airport Terminal, Lot 15 Coolgardie-Esperance Highway Gibson

Executive Summary

For Council to consider renewing the lease with Goldfields Air Services for Car Hire Desk 3 within the Esperance Airport Terminal for a further 12 months.

Recommendation in Brief

That Council agrees to renew the lease with Goldfields Air Services for Car Hire Desk 3 within the Esperance Airport Terminal for a further 12 months.

Background

In September 2017, Goldfields Air Services began leasing this area as a booking desk for their flight services out of Esperance. These services are predominantly scenic flights with some flight training and charter flights as required.

This lease was renewed in 2018 for a further 12 months and is due to expire in September 2019.

Goldfields Air Services have advised that they wish to renew their lease for a further twelve (12) month term.

Officer’s Comment

As per s.3.58(4)(c)(i) of the Local Government Act 1995, to determine the market value of the disposition we require a rental valuation to be carried out, not more than 6 months prior to the proposed disposition. In this instance, it is proposed that we utilise s.3.58(4)(c)(ii) of the Act for determining the market value of the disposition. This clause states “as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.”

The Shire obtained an independent rental valuation in November 2015 for airport terminal rental space; the valuation was $250.00 (ex GST) per m2/p.a. In September 2017, Council resolved to use this November 2015 valuation to determine the annual lease fee for Goldfields Air Services following discussions with a local registered valuer at that time.

Discussions with a local registered valuer held in June 2018 determined that rental valuations in the Esperance Area had not changed significantly over the previous 12 months and so this valuation was utilised once again, however CPI was applied which increased the rental amount by $15.13 Inc GST, based on the June 2018 All Groups CPI for Perth.

Recent discussion with a local registered valuer confirmed that rental valuations have not changed significantly over the past 12 months and following discussions with Manager Council Enterprises, it has been requested that we again apply CPI to the current annual lease fee for the renewal of Goldfields Air Services’ lease over this area. This will increase the annual rent by $22.24 Inc GST, based on June 2019 All Groups CPI for Perth.

Consultation

Manager Council Enterprises

Goldfields Air Services

Herron Todd White

Financial Implications

Lease preparation fee of $570 Inc GST

Annual lease fee of $1,412.37 Inc GST

Aircraft parking fees of $699.63 Inc GST per annum, per aircraft

Hire fees for use of the meeting room being $20 per half day or part thereof, up to 25 half days per annum. Any usage over 25 half days per annum being charged as per the Shire’s schedule of fees and charges

Landing fees to be charged as per the Shire’s Schedule of Fees and Charges and are charged and collected by Avdata on behalf of the Shire of Esperance.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s.3.58 Disposing of Property

Policy Implications

COR004 Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

A robust economy that provides a diversity of employment opportunities

Strengthen and diversify our economy by targeting new industries as well as building on our existing strengths

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council agrees to;

1. Lease the portion of Esperance Airport Terminal building, Lot 15 Coolgardie-Esperance Highway Gibson, known as Car Hire Desk 3 to Goldfields Air Services;

2. The term of the lease being 12 months;

3. Lease rental being $1,412.37 Inc GST;

4. Landing fees being charged as per the Shire Schedule of Fees and Charges, with practice approach charges waived for training aircraft;

5. Hire fees for use of the meeting room being $20 per half day or part thereof, up to 25 half days per annum. Any usage over 25 half days per annum being charged as per the Shire’s Schedule of Fees and Charges;

6. Aircraft parking fees being $699.63 Inc GST per annum, per aircraft;

7. Terminal service fees being waived for scenic flight passengers; and

8. The disposition being advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 140

Item: 12.3.2

Reconciliation Action Plan

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D19/18113

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to endorse the final amended Reconciliation Action Plan including changes made following discussion with Reconciliation Australia.

Recommendation in Brief

That Council endorses the final amended Reconciliation Action Plan including changes made following discussion with Reconciliation Australia.

Background

A motion was put forward at the February 2018 Ordinary Council Meeting and Council resolved to commence formal discussions with relevant organisations and the Circle of Elders to achieve an outcome on Aboriginal recognition and a reconciliation plan for the district.

In March 2019, a workshop was held with representatives from the Shire of Esperance, Tjaltjraak and local Nyungar Elders present to identify key community aspirations for reconciliation.

A draft Reconciliation Action Plan (RAP) was developed following this workshop and at the May 2019 Ordinary Council Meeting, Council agreed to endorse the draft and forward for endorsement from Reconciliation Australia.

Officer’s Comment

Following Council’s resolution in May 2019, the draft RAP was submitted to Reconciliation Australia for endorsement.

Some minor changes were made following recommendations from Reconciliation Australia and the document has now received endorsement from Reconciliation Australia.

The changes to the document were discussed at a briefing with Council on 30 July 2019, where it was decided to put the RAP before Council for final endorsement now that Reconciliation Australia have provided their endorsement of the Plan.

Consultation

Reconciliation Australia

Director Corporate Resources

Financial Implications

The financial implications arising from this report will be determined by identifying resources required to implement the required actions.

Asset Management Implications

Asset Management implications arising from this report will be determined by identifying resources required to implement the required actions.

Statutory Implications

Local Government Act 1995

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

An organisational and community culture that encourages innovation and embraces change

Proactively lead the community through innovation and change

Environmental Considerations

Any environmental considerations arising from this report will be identified when implementing required actions.

Attachments

a ⇩.

Reconciliation Action Plan

Officer’s Recommendation

That Council endorse the final amended Reconciliation Action Plan.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 163

Item: 12.3.3

Reconciliation Action Plan Working Group Terms of Reference

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D19/18116

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to create a working group to assist the Shire in implementing the actions outlined within the Shire’s Reconciliation Action Plan.

Recommendation in Brief

That Council agrees to create a working group to assist the Shire in implementing the actions outlined within the Shire’s Reconciliation Action Plan.

Background

In May 2019, Council resolved to endorse the draft Reflect Reconciliation Action Plan (RAP) and submit this to Reconciliation Australia for endorsement.

Reconciliation Australia endorsed the Shire’s Reflect RAP in July 2019.

Officer’s Comment

Creation of a RAP Working Group is included within the Shire’s RAP document to assist the Shire with implementing the required actions, annual reporting to Reconciliation Australia and development of future RAPs.

The Working Group will consist of members of Council, Shire Directors, Native Title Holders and community members as per the Terms of Reference (Attachment A).

It is recommended that the community positions on the Working Group be advertised for expressions of interest following Council elections in October 2019 as membership of all Council Committees are only valid until the next ordinary elections day.

Consultation

Director Corporate Resources

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – Section 5.8 Establishment of Committees

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

An organisational and community culture that encourages innovation and embraces change

Proactively lead the community through innovation and change

Environmental Considerations

Nil

Attachments

a ⇩.

Draft Terms of Reference - RAP Working Group

Officer’s Recommendation

That Council agrees to:

1. Adopt the Reconciliation Action Plan Working Group Terms of Reference and create the Reconciliation Action Plan Working Group as a committee of Council; and

2. Instruct the Chief Executive Officer to advertise the community representative positions of the Reconciliation Action Plan Working Group following Council elections in October 2019 and prepare a report to Council.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 August 2019 Page 167

Item: 12.3.4

Condingup Bush Fire Brigade Shed Lease

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D19/18376

Applicant

Denise and Samuel Baxter

Location/Address

Lot 184 Ridgelands Road, Condingup

Executive Summary

For Council to consider entering into a lease with Denise and Samuel Baxter for the Condingup Bushfire Brigade Shed located on a portion of their property at Lot 184 Ridgelands Road, Condingup.

Recommendation in Brief

That Council agrees to enter into a lease with Denise and Samuel Baxter for the Condingup Bushfire Brigade Shed located on a portion of their property at Lot 184 Ridgelands Road, Condingup.

Background

The Condingup Bush Fire Brigade currently operates out of two sheds, one of which is located on land owned by Denise and Samuel Baxter, being Lot 184 Ridgelands Road, Condingup.

It was recently discovered that there is no written agreement in place with the group for the Brigade’s use of this land.

Denise and Samuel Baxter were contacted in this regard and have agreed to enter into a lease with the Shire of Esperance for this portion of their land, subject to no caveat being lodged against the title of the property.

Officer’s Comment

Following discussions with the Community Emergency Services Coordinator, it was determined that the lease agreement should be for a term of 15 years or until the property is sold which is consistent with other fire brigade sheds located on private property within the Shire.

The current arrangement has been in place for many years, however there has not been a written arrangement in place to formalise each party’s responsibilities with regard to the brigade shed.

The request by Denise and Samuel for the Shire to not lodge a caveat against the property is not perceived to be an issue as the lease document will provide for security of the brigade shed. Denise and Samuel have also advised that they are happy to allow the brigade to operate from their current location for as long as required.

Consultation

Community Emergency Services Coordinator

Manager Community Support

Denise Baxter

Financial Implications

Nil

Asset Management Implications

The Shire will remain responsible for maintenance of the brigade shed.

Statutory Implications

Local Government Act 1995

Policy Implications

COR004: Building and Property Leases

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 2017/2018 – 2020/2021

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Acceptance of Lease Request - Denise and Samuel Baxter

Officer’s Recommendation

That Council agrees to;

1. Enter into a lease with Denise and Samuel Baxter for portion of Lot 184 Ridgelands Road Condingup;

2. The term of the lease being 15 years or until the property is sold;

3. Annual rent to be $1, payable as and when demanded;

4. The lease being drawn up using the Community and Sporting Group Lease Template; and

5. No caveat being lodged against the title of the property.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 171

Item: 12.3.5

Audit Report - Adverse Financial Ratio Trends

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

File Ref: D19/18419

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the recommendation from the Audit Committee to consider the effects and actions in addressing the financial ratios reported in the 2017/18 financial report that did not meet the minimum Department of Local Government (DLG) standards.

Recommendation in Brief

That Council note the action that is taken through the Long Term Financial Plan to address the financial ratios that do not meet the Department of Local Government, Sport and Cultural Industries basic standard.

Background

The Audit Committee and Council considered the annual financial report, audit report and management letter in November 2018. In the Audit Report and Management letter (Attachment A) it was identified by the Shire’s Auditor that the Operating Surplus Ratio and Asset Sustainability Ratio did not meet the DLG guideline standards.

A letter from the Department of Local Government was recently received (Attachment B) stating that a separate report had not been prepared for the Audit Committee and Council on what action the local government has taken or intents to take in respect to the matters raised by the Auditor.

The Audit Committee considered this matter at its meeting held on the 30^th July 2019 and resolved the following-

“AU0719-156

Committee Resolution

That the Audit Committee recommend that Council note the action that is taken through the Long Term Financial Plan to address the financial ratios that do not meet the Department of Local Government, Sport and Cultural Industries basic standard.

CARRIED

F4 - A0”

Officer’s Comment

It is no surprise to the Shire of Esperance that the two ratio’s that were highlighted in the Auditors report of not meeting the DLG standards. The Shire of Esperance has for the past 6 years been following a long term financial plan and looking at ways to address its asset management issues. The Operating Surplus Ratio and Asset Sustainability Ratio are the two ratios that highlight the pressure that the Shire of Esperance faces with asset management.

Recent information collated by Moore Stephens that analysed financial statements of 135 local governments around the state found the following information on the Operating Surplus Ratio and Asset Sustainability Ratio and shows that a large number of Local Governments around the state face similar (asset management) issues to the Shire of Esperance-

	Number of Local Governments
Ratio	Below Benchmark	Basic Benchmark	Above Benchmark
Operating Surplus Ratio	109	21	5
Asset Sustainability Ratio	81	18	36

Moore Stephens go onto explain that the key factors influencing the Operating Surplus Ratio is

· Rates and discretionary Fees and Charges

· Operating Expenditure- Asset maintenance expenditure

· Depreciation Expense- Asset Useful Life

The Asset Sustainability Ratio is influenced by Capital Expenditure- Asset renewal expenditure.

Operating Surplus Ratio

The operational guideline on Financial Ratios describe the Operating Surplus as “a key indicator of a local government’s financial performance is measured by the ‘Operating Surplus Ratio’. If a local government consistently achieves a positive operating surplus ratio and has soundly based long term financial plans showing that it can continue to do so in future, having regard to asset management and the community’s service level needs, then it is considered financially sustainable.

A positive ratio indicates the percentage of total own source revenue available to help fund proposed capital expenditure, transfer to cash reserves or to reduce debt. A negative ratio indicates the percentage increase in total own source revenue (principally rates) that would have been required to achieve a break-even operating result.”

The ratio is calculated by the following calculation-

(Operating Revenue MINUS Operating Expense)

Own Source Operating Revenue

A basic standard is achieved when the ratio is between 1% and 15% (0.01 and 0.15).

An Advanced standard is achieved when the ratio is > 15% (>0.15).

The Shire of Esperance has achieved the following for the past 3 years-

2018 2017 2016

Operating Surplus Ratio (0.01) 0.03 (0.16)

The ratio is subject to a number of one off influences such as prepaid financial assistance grants and abnormal operating expenditure. The biggest influence that a large number of local governments have experienced over the past few years however is the revaluation of assets and the flow on effects that this has had to depreciation which is included as part of operating expense. This increase in depreciation has affected the Shire of Esperance significantly due to its extensive road network and therefore had an impact upon the operating surplus ratio. Depreciation has increased since 2013/14 from $8,033,221 to 2017/18 year at $16,165,182.

The Shire of Esperance is working at increasing revenue, decreasing operating expenditure and reviewing asset life in an attempt to improve the operating surplus ratio. Although the Shire does have a goal to obtain a small underlying operating surplus position, it is believed that the ratio calculation needs to be adjusted to allow recurring renewal capital income to be included into the ratio.

The Shire receives significant amounts of road funding specifically for road asset renewal such as Roads to Recovery and Regional Road Group that is used to fund the renewal of road assets and fund some of the depreciation that is reported in operating expenses. This capital renewal funding is however specifically excluded as part of the ratio calculation. It is believed that excluding this income from the ratio unfairly distorts the ratio as the Shire needs to include the full cost of the consumption of the assets (depreciation) for roads in the ratio but is unable to include funding from external parties as part of the operating revenue to help fund the capital renewal of the assets.

Regardless of the technicalities of the operating surplus ratio, the Shire has a long term plan that addresses asset management over the 10-year period and shows that the Shire can manage its asset renewal in a sustainable manner provided grant funding for asset renewal through Roads to Recovery and Regional Road Group is maintained at existing levels.

Asset Sustainability Ratio

The operational guideline on Financial Ratios describe the Asset Sustainability Ratio as “an approximation of the extent to which assets managed by a local government are being replaced as these reach the end of their useful lives. It is calculated by measuring capital expenditure on renewal or replacement of assets, relative to depreciation expense. Expenditure on new or additional assets is excluded. Depreciation expense represents an estimate of the extent to which the assets have been consumed during that period. Measuring assets at fair value is critical to the calculation of a valid depreciation expense value.”

The purpose of the ratio is to indicate whether a local government is replacing or renewing existing non- financial assets at the same rate that its overall asset stock is wearing out.

The ratio is calculated by the following calculation-

Capital Renewal and Replacement Expenditure

Depreciation

The standard is met if the ratio is 90% (or 0.90)

The standard is improving if the ratio is between 90% and 110% (or 0.90 and 1.10).

The Shire of Esperance has achieved the following for the past 3 years-

2018 2017 2016

Asset Sustainability Ratio 0.81 0.87 0.80

This ratio has been influenced heavily also by the increase in depreciation, similar to the operating surplus ratio. Often, when local governments have asset management pressure both the Asset Sustainability Ratio and the Operating Surplus Ratio will be both under pressure.

The Asset Sustainability Ratio is subject to timing fluctuations as assets will be renewed at the time of when they are required. This ratio is best considered over an extended period of time rather than a year on year basis when you have significant long lived assets. You will often find that this ratio may be low for a number of years and then may have it well above 100% as long lived assets are renewed. What is important is that over the long term this asset averages approx. 100% to ensure assets are renewed.

Moving forward the Council and staff need to be cognoscente of the amount of capital expenditure that is being spent on renewal rather than upgrades or new assets. Upgrades and new assets in the most part add to depreciation and therefore continue the asset replacement issues unless they are extending the useful lives.

Similar to the Operating Surplus Ratio the Shire of Esperance has a long term improvement plan on asset renewal. Towards the later years of the LTFP we see the asset management gap reduced. For longer lived assets Reserve Funds should also be taken into consideration as a strategy to ensure funds are available to replace the assets at the “optimal intervention period.”

Consultation

Consultation was conducted with the development of the Long Term Financial Plan which outlines the way that the Operating Surplus Ratio and Asset Sustainability Ratio would be improved.

Financial Implications

Although this report in itself doesn’t have financial implications, addressing the issues highlighted by a negative Operating Surplus Ratio and a low Asset Sustainability Ratio have significant issues for the Shire of Esperance.

The Long Term Financial Plan in conjunction with the Revenue Strategy are the methods that the Shire of Esperance is using to address these longer term.

Asset Management Implications

Both of these ratios have issues that affect asset management that have been addressed within the report.

Statutory Implications

Section 7.12A(4) of the Local Government Act 1995 outlines the actions that need to be undertaken if an audit report identified any significant matters.

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

L2.11 Manage Finance

Environmental Considerations

Nil

Attachments

a ⇩.	Auditors Management Letter
b ⇩.	DLG Request to Consider Ratios

Audit Committee Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 180

Item: 12.3.6

Merivale Fire Brigade Lease

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D19/18947

Applicant

David Gray and Sandra Voight

Location/Address

Lot 1740 Merivale Road, Merivale

Executive Summary

For Council to consider entering into a lease with David Gray and Sandra Voight for the Merivale Bushfire Brigade Shed located on a portion of their property at Lot 1740 Merivale Road, Merivale.

Recommendation in Brief

That Council agrees to enter into a lease with David Gray and Sandra Voight for the Merivale Bushfire Brigade Shed located on a portion of their property at Lot 1740 Merivale Road, Merivale.

Background

The Merivale Bushfire Brigade currently operates out of a shed located on land owned by David Gray and Sandra Voight.

A lease was entered into with the previous owners of the property, DR and PB Smallwood, which commenced in January 2004 and is due to expire in December 2024.

The Shire was advised by the previous owners when the property was sold in April 2017 and contacted the new owners to discuss the possibility of amending the lease accordingly.

Recent discussions with David Gray have indicated that he has concerns with the lease area in the existing lease as this encompasses quite a large area surrounding the brigade shed and advised that they agree to enter into a lease with the Shire for this area, subject to the lease area being reduced.

Officer’s Comment

Discussions with the Community Emergency Services Coordinator and Manager Community Support determined that it is appropriate to reduce the lease area to the proximity of the brigade shed, so long as the brigade are able to continue to utilise the access road and area adjacent to the building for parking of vehicles. Please refer to Attachment B for the current and proposed lease areas.

As the lease area is proposed to be amended, it is recommended that the lease with the previous owners be ended and a new lease be entered into with the current owners.

The new lease will utilise the Shire’s current lease template for Community and Sporting Groups and be for a term of 15 years, which will provide consistency with other brigade shed leases within the Shire.

Consultation

David Gray

Community Emergency Services Coordinator

Manager Community Support

Financial Implications

Nil

Asset Management Implications

The Shire will remain responsible for maintenance of the brigade shed.

Statutory Implications

Local Government Act 1995

Policy Implications

COR004: Building and Property Leases

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 2017/2018 – 2020/2021

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.	Acceptance of Lease Request - David Gray and Sandra Voight
b ⇩.	Lease Areas - Current and Proposed

Officer’s Recommendation

That Council agrees to;

1. Surrender the existing lease with DR & PB Smallwood for portion of Lot 1740 Merivale Road, Merivale;

2. Enter into a new lease with David Gray and Sandra Voight for portion of Lot 1740 Merivale Road, Merivale;

3. The term of the lease being 15 years or until the property is sold;

4. Annual rent to be $1, payable as and when demanded;

5. The new lease being drawn up using the Community and Sporting Group lease template; and

6. Including a provision within the lease to access the premises using the existing access road and retaining the ability to park vehicles adjacent to the brigade shed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 232

12.4 Executive Services

Item: 12.4.1

Request for Fee Waiver - Esperance Nyungar Aboriginal Corporation

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

File Ref: D19/18794

Applicant

Esperance Nyungar Aboriginal Corporation

Location/Address

N/A

Executive Summary

The Esperance Nyungar Aboriginal Corporation (ENAC) has requested a waiver of the brochure display fee at the Esperance Visitor Centre due to their status as a Not-for-Profit Corporation.

Recommendation in Brief

That the request from Esperance Nyungar Aboriginal Corporation for a waiver of the 2019/20 brochure racking fee at the Esperance Visitor Centre be declined.

Background

The Esperance Visitor Centre has a $100 charge (per annum) for any local business or organisation that wishes to have a stock of advertising brochures on display within the visitor centre. This fee is automatically waived for any business that has accommodation or tours available for sale through Bookeasy as the Visitor Centre is already earning a commission on these sales.

The $100 fee has not increased over the past three years in an effort to support the local business community. ENAC has previously paid this fee, however has approached Council this year requesting a waiver due to their status as a not-for-profit corporation.

Waivers have not previously been granted to any business/organisation for this fee.

Officer’s Comment

While ENAC are a not-for-profit organisation the gallery they run (which is what is advertised at the visitor centre) is effectively running as a commercial undertaking in a similar way to other galleries in town and ENAC has previously paid this fee. For this reason the Officer’s Recommendation is for the request for a waiver to be declined.

The fees charged by the visitor centre only recoup a small percentage of the centre’s operating costs, with a contribution from businesses utilising the service appropriate.

The Visitor Centre then stores a small supply of brochures for each business/organisation and requests additional brochures as stocks run low to ensure that a supply is available to visitors.

There are currently 25 local businesses/organisations that pay for the opportunity to have their brochures stocked on the walls of the visitor centre (in addition a number of brochres from outside our region are also stocked, however these are charged at a significantly higher rate – currently $170 per annum).

Council could approve this request in the event that they believed ENAC’s not-for-profit status warranted a waiver of this fee. In the event that Council did wish to waive this fee an absolute majority decision would be required.

Consultation

This item resulted from a request from the Administration, Shop and Gallery Manager of ENAC. Input was received from the Visitor Centre Coordinator in finalising this report.

Financial Implications

Nil

Asset Management Implications

N/A

Statutory Implications

The statutory implications associated with this item relate to the waiver of a Council fee and are contained within s6.47 of the Local Government Act 1995.

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

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation

That Council decline the request from Esperance Nyungar Aboriginal Corporation for a waiver of the 2019/20 brochure racking fee at the Esperance Visitor Centre

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 August 2019 Page 234

Item: 12.4.2

Proposed Additions - Delegated Authority Register 2019/2020

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

File Ref: D19/19018

Applicant

Internal

Location/Address

N/A

Executive Summary

An internal review of the Delegated Authority Manual 2019/2020 – Chief Executive Officer to Authorised Persons has found four additional Council delegations are required.

Recommendation in Brief

That Council endorse the proposed delegations under the Caravan Parks and Camping Grounds Act 1995, Health (Miscellaneous Provisions) Act 1911 and Health (Asbestos) Regulations 1992.

Background

During May and June staff undertook the annual review of the Delegated Authority Register 2019/2020 - Council to Chief Executive Officer & Authorised Persons (the Register). The Register was endorsed by Council at the June Ordinary Council Meeting (O0619-120). Subsequently staff commenced updating and reviewing the internal Delegated Authority Manual 2019/2020 – Chief Executive Officer to Authorised Persons (the Manual). The Manual is reviewed annually before issuing authorised staff with updated individual Instruments of Delegation.

Officer’s Comment

During the 2019 update and review of the Delegated Authority Manual 2019/2020 – Chief Executive Officer to Authorised Persons (the Manual) it was identified Council should delegate three additional powers to effectively administer their duties and acknowledge a prior delegation in the register. These four powers are listed below with a reason. The proposed Delegations to be included in the Register have been attached (Attachment A)

Legislation	Proposed Delegation	Reason
Caravan Parks and Camping Grounds Act 1995	13.1 Appointment of Authorised Officers	An internal request to be appointed as an authorised officer under this Act lead to a review in other delegations made under this Act. The staff listed require this authorisation to complete their roles on an administrative level.
Caravan Parks and Camping Grounds Act 1995	13.2 Managing Infringement Notices	A review of the CEO to Authorised Officer Register and an internal request found that while this power had previously been delegated from the CEO directly to staff, best practice suggests that in fact it should be a delegation from Council (the Local Government) to the Officer.
Health (Miscellaneous Provisions) Act 1911	14.1 Appointment of Deputies	This delegation was removed in a previous review due to the introduction of the Public Health Act 2016. However, the Public Health Act is still being phased in and this delegation should remain active as some powers steam for the old health Act (Health (Miscellaneous Provisions) Act 1911).
Health (Asbestos) Regulations 1992	15.1 Appoint Authorised and Approved Officers	This power was previously delegated to staff in July 2017, however an administration error meant it was never recorded within the Delegated Authority Register - Council to Chief Executive Officer & Authorised Persons.

Consultation

Internal stakeholders

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Caravan Parks and Camping Grounds Act 1995

Health (Miscellaneous Provisions) Act 1911

Health (Asbestos) Regulations 1992

Criminal Procedure Act 2004

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

N/A

Attachments

a ⇩.

Additional Delegations for Shire Staff

Officer’s Recommendation

That Council endorse the proposed delegations (Attachment A) and included them in the Delegated Authority Register 2019/2020 - Council to Chief Executive Officer & Authorised Persons.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 August 2019 Page 240

PART 13 CARAVAN PARKS AND CAMPING GROUNDS ACT 1995

13.1 Appointment of Authorised Officers (s.24)
Function Delegated	Officers are appointed as Authorised Officers under the Caravan Parks and Camping Grounds Act 1995.
This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions.
Power being Delegated	Caravan Parks and Camping Grounds Act 1995 s.17 – Appointment of authorised person
Power originally assigned to	Local Government
Power to Delegate	Caravan Parks and Camping Grounds Act 1995 s.17 – Appointment of authorised person
Power Delegated to	Chief Executive Officer Manager Strategic Planning & Land Projects Environmental Health Officers Environmental Health Assistants		Director External Services Manager Development & Statutory Services Rangers Compliance Officer
Council Conditions	Nil
Power to Sub-Delegate	N/A
Compliance Links
DELEGATION ADMINISTRATION
Decision Reference		Decision Reference
1.		5.
2.		6.
3.		7.
4.		8.

13.2 Managing Infringement Notices (s.23)
Function Delegated	Authority to 1) Issue an infringement notice for an offence against this Act. 2) Vary or withdraw an Infringement notice for an offence against this Act.
This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions.
Power being Delegated	Caravan Parks and Camping Grounds Act 1995 s.23 – Infringement notices
Power originally assigned to	Local Government
Power to Delegate	Caravan Parks and Camping Grounds Act 1995 s.23 - Infringement notices
Power Delegated to	Issue Infringements (Subsection (2)) Director External Services Manager Development & Statutory Services Manager Strategic Planning & Land Projects Compliance Officer Coordinator Environmental Health Environmental Health Officer Environmental Health Assistant Rangers		Withdraw Infringements (Subsection (3), (5) & (7)) Chief Executive Officer
Council Conditions	Nil
Power to Sub-Delegate	Nil
Compliance Links
DELEGATION ADMINISTRATION
Decision Reference		Decision Reference
1.		5.
2.		6.
3.		7.
4.		8.

PART 14 Health (Miscellaneous Provisions) ACT 1911

14.1 Appointment of Deputies (s.26)
Function Delegated	Officers are appointed as Deputies to carry out the powers and functions of the Local Government under the Health (Miscellaneous Provisions) Act 1911.
This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions.
Power being Delegated	Health (Miscellaneous Provisions) Act 1911 s.26 - Powers of local government
Power originally assigned to	Local Government
Power to Delegate	Health (Miscellaneous Provisions) Act 1911 s.26 - Powers of local government
Power Delegated to	Chief Executive Officer Director External Services		Manager Development & Statutory Services
Council Conditions
Power to Sub-Delegate	N/A
Compliance Links
DELEGATION ADMINISTRATION
Decision Reference		Decision Reference
1.		5.
2.		6.
3.		7.
4.		8.

PART 15 Health (Asbestos) Regulations 1992

15.1 Appoint Authorised and Approved Officers (r.15D)
Function Delegated	Authority to: 1) Appoint Officers as Authorised Officers for the purpose of the Criminal Procedure Act 2004 to issue infringements under the Health (Asbestos) Regulations 1992. 2) Manage infringements issued under the Health (Asbestos) Regulations 1992 as an Approved Officer for the purpose of the Criminal Procedure Act 2004.
This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions.
Power being Delegated	Health (Asbestos) Regulations 1992 r.15D – Infringement Notices
Power originally assigned to	Local Government
Power to Delegate	Health (Asbestos) Regulations 1992 r.15D – Infringement Notices
Power Delegated to	Chief Executive Officer
Council Conditions
Power to Sub-Delegate	Nil
Compliance Links	Criminal Procedure Act 2004 Part 2 - Dealing with alleged offenders without prosecuting them
DELEGATION ADMINISTRATION
Decision Reference		Decision Reference
1.		5.
2.		6.
3.		7.
4.		8.

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

a ⇩.	Information Bulletin - July 2019
b ⇩.	Delegations Discharge - Corporate Resources