2013-07-31 ordinary meeting minutes - gympie council...2013/07/31 · ordinary meeting 31 july 2013...

MINUTES

of the

ORDINARY MEETING

CHAIRMAN: Cr A.J. Perrett (Deputy Mayor)

Held in the Boardroom Town Hall

2 Caledonian Hill Gympie Qld 4570

On Wednesday 31 July 2013 At 9.00 am

Ordinary Meeting 31 July 2013

Gympie Regional Council

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Gympie Regional Council ORDINARY

Mayor RJ Dyne (Chairman), Crs AJ Perrett, MW Curran, RA Gâté, LJ Friske, IT Petersen, MA McDonald, WW Sachs and JA Walker

CONTENTS:

SECTION 1: OPEN WITH PRAYER .................................................................................................. 4

SECTION 2: APOLOGIES / LEAVE OF ABSENCE............................................................................ 4

SECTION 3: CONFIRMATION OF MINUTES OF PREVIOUS ORDINARY MEETING ...................... 5

SECTION 4: PETITIONS ...................................................................................................................... 6 4/1 HYDROTHERAPY POOL ........................................................................................................... 6

SECTION 5: PLANNING & DEVELOPMENT ...................................................................................... 8 5/1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – ACCOMMODATION PREMISES (FARM STAY CABINS) OVER LOT 2 RP190290 – 20 HASTHORPE ROAD, KANDANGA FOR ALLAN RAINBOW ............................................................................................................................... 8 5/2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – PUBLIC UTILITY (TELECOMMUNICATIONS FACILITY) AT 39 HOWE ROAD, TRAVESTON FOR NBN CO .................. 30 5/3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – ACCOMMODATION PREMISES (CAMPING & VANS) AND FOOD OR ENTERTAINMENT VENUE (MUSIC FESTIVALS & OUTDOOR ENTERTAINMENT) AT MITCHELL CREEK ROAD, KANDANGA CREEK FOR J. BUDGEN .................. 42 5/4 REQUEST TO CHANGE AN EXISTING APPROVAL FOR RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT OVER LOT 2 RP213684 AT 15 HILLVIEW ROAD, CEDAR POCKET FOR L. MUNDAY ...................................................................................................... 72 5/5 REQUEST TO CHANGE EXISTING APPROVAL FOR RECONFIGURING A LOT – 5 SUBDIVISION TO CREATE 119 ADDITIONAL LOTS OVER LOT 8 SP203944 AT CORELLA ROAD, GYMPIE FOR R. HEILBRONN .......................................................................................................................... 83 5/6 DISCUSSION PAPER: INFRASTRUCTURE PLANNING AND CHARGING FRAMEWORK REVIEW ........ 89

SECTION 6: SOCIAL WELLBEING................................................................................................. 102 6/1 REGIONAL ARTS DEVELOPMENT FUND ................................................................................ 102

SECTION 7: HEALTH & ENVIRONMENT ....................................................................................... 108

SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT ...................................................... 109 8/1 SUMMARISED BUDGET REPORT AS AT 30 JUNE 2013 ........................................................... 109 8/2 DELEGATIONS REGISTER UPDATES ..................................................................................... 111

SECTION 9: INFRASTRUCTURE.................................................................................................... 113 9/1 PURCHASE OF ASSET MANAGEMENT SOFTWARE ................................................................. 113 9/2 FLOOD MITIGATION STUDY ................................................................................................. 116

SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES ................................................... 121 10/1 CIVIC CENTRE REDEVELOPMENT ......................................................................................... 121

SECTION 11: WASTE MANAGEMENT ........................................................................................ 124 11/1 REGIONAL WASTE MANAGEMENT STRATEGY ....................................................................... 124

SECTION 12: TOURISM & MARY VALLEY ................................................................................. 128



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SECTION 13: GENERAL BUSINESS ........................................................................................... 129 TAPS AT NORMAN POINT BOAT RAMP ............................................................................................... 129

SECTION 14: IN COMMITTEE ...................................................................................................... 130 14/1 TERM LEASE 222067 – LOT 11 ON LX318 OVER RESERVE FOR WATER & CROSSING R323 PARISH OF MARODIAN ........................................................................................................ 131

SECTION 15: ATTACHMENTS ..................................................................................................... 132



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The meeting commenced at 9:00 am.

PRESENT: Cr A.J. Perrett (Chairman), Cr M.W. Curran, Cr I.T. Petersen, Cr L.J. Friske, Cr R.A. Gâté, Cr M.A. McDonald and Cr W.W. Sachs.

Also in attendance were Chief Executive Officer (Mr B.J. Smith),

Deputy CEO/Director Corporate Governance (Mr C. Manson), Director Engineering Services (Mr B. Fredman), Director Planning & Development (Mr M. Hartley), Director Corporate & Community Services (Mr C. Young), Manager Health and Environmental Services (Mr I. Wolff), Manager Community Development and Facilities (Mrs H. Kelly, Manager Corporate and Customer Services (Mrs D. Jenkins), Manager Development & Compliance (Mrs T. Stenholm), Planning Assistant - Technical Officer - Planning (Mrs K. Fuller), Communications Manager (Mrs C. O’Leary) and Minutes Clerk (Miss A. Dunkley).

DECLARATIONS OF INTEREST BY COUNCILLORS

SECTION 1: OPEN WITH PRAYER Rev Gary McClintock from Gympie Wesleyan Methodist offered a

Prayer for the advancement of the Region and the true welfare of its people.

One Minute’s silence was observed for family and friends of deceased

residents of the Region. SECTION 2: APOLOGIES / LEAVE OF ABSENCE

M20/07/13 Moved: Cr M.W. Curran Seconded: Cr R.A. Gâté

That the apology from Cr R.J. Dyne be accepted.

Carried

M21/07/13 Moved: Cr M.A. McDonald Seconded: Cr W.W. Sachs That the apology from Cr J.A. Walker be accepted.

Carried



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SECTION 3: CONFIRMATION OF MINUTES OF PREVIOUS ORDINARY MEETING

M22/07/13 Moved: Cr L.J. Friske Seconded: Cr M.A. McDonald That the Minutes of the Gympie Regional Council Ordinary Meeting held on 10 July 2013 be taken as read and confirmed.

Carried



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SECTION 4: PETITIONS 4/1 Hydrotherapy Pool

PORTFOLIO: Infrastructure DIRECTORATE: Engineering Services

DOC ID: 1646808

1. REPORT A petition was received requesting that Council enable the receipt of State Government Smart School Subsidy Scheme funding to build a hydrotherapy pool in Gympie from 757 residents, as follows:

‘Your petitioners are calling on Gympie Regional Council to enable receipt of State Government Smart School Subsidy Scheme funding to build a hydrotherapy pool in Gympie by meeting the local government requirement for this funding. The requirement being that Council writes a letter, signed by the Mayor, stating that Council:

1. supports the building of a warm water multi-purpose/hydrotherapy pool

2. will provide the land on which to locate the pool 3. will maintain full responsibility for the management and

maintenance of the pool and associated facilities.’

Officer Comments Council has previously adopted the following resolution which has been conveyed to the convenor of the petition on a number of occasions. G36/11/11

1. That Council acknowledge the work of Mrs Femiano and her colleagues in endeavouring to establish a hydrotherapy pool in Gympie. 2. That Mrs Femiano be advised that Council's priority in the medium term is the establishment of an Aquatic Centre but not including a hydrotherapy pool due to envisaged cost constraints. 3. That Mrs Femiano be advised to undertake a feasibility study including costings and a business plan for the project.



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4. That should the project be successful in attracting full funding, Council provide a site.

Council has identified as a priority the replacement of the current Gympie Memorial Pool which is over 50 years old and has commenced detailed planning for a new Aquatic Facility. In accordance with council's Resolution, the planning is providing a site for a possible future Hydrotherapy facility. The convenor of the petition has been advised of this and has also been advised that council's financial priorities are for the Aquatic Centre which in itself will be a significant financial commitment for council. The State Government Smart School Subsidy Scheme would provide less than half of the funding required for the construction of the facility with no other funding being confirmed.

M23/07/13 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske That the convenor of the petition be advised that council re-confirms its previous resolution regarding the matter and cannot commit to assuming full responsibility for the management and maintenance of any future facility.

Carried



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SECTION 5: PLANNING & DEVELOPMENT

5/1 Development Application for Material Change of Use –

Accommodation Premises (Farm Stay Cabins) over Lot 2 RP190290 – 20 Hasthorpe Road, Kandanga for Allan Rainbow PORTFOLIO: Planning and Development

DIRECTORATE: Planning and Development

AUTHOR: Planning Officer – C. McMillan DOC ID: 2013-0554

LINK TO CORPORATE / OPERATIONAL PLAN:

Operational Plan – Program 2 – Economic Development, 2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil

2. REPORT

FILE NO: 2013-0554 APPLICANT: Allan Rainbow RPD: Lot 2 RP190290

SITE ADDRESS: 20 Hasthorpe Road, Kandanga CURRENT USE OF LAND: Dwelling House and Associated

Shed PROPOSAL: Material Change of Use –

Accommodation Premises (Nine (9) Farmstay Cabins)

EXISTING ZONE: Rural SUBMISSIONS: Nil



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2.1 INTRODUCTION

2.1.1 The Proposal

This application seeks Council’s approval for a Material Change of Use for Accommodation Premises (Farm Stay Cabins) over one (1) rural zoned title at 20 Hasthorpe Road, Kandanga. The Applicant is proposing a short stay facility situated in a rural setting for people with a disability, where occupants will be able to stay during each week and participate in horticultural and farming activities. Cabins will not be self-sufficient and therefore occupants will rely on the proposed ‘amenities’ building for purposes including dining, meals and utilising laundry facilities.



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The subject site includes a total area of 10.01 hectares and a cabin footprint which provides a minimum setback of 15 metres from adjoining boundaries. The development proposes the construction of nine (9) farm stay cabins and associated facilities (amenities building which will include a commercial kitchen, laundry facilities, dining facilities and recreation area) in two (2) stages. All associated infrastructure including the proposed amenities block and five (5) cabins are proposed as part of the first stage. The second stage will involve the development of the remaining four (4) cabins.

The existing dwelling and associated shed will be retained and utilised for ancillary purposes to the proposed development. Two of the proposed cabins are to be provided with full wheelchair facilities while the remaining cabins will support occupants who are ambulant. A twelve (12) space car park is proposed to service the development and located within proximity to the amenities building. Cabins will not be provided with individual parking spaces however a service vehicle access track will provide access as required. Each cabin will be serviced by on-site effluent disposal and potable water will be provided in the form of approved UV treatment systems.



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2.1.2 Site Description

Currently the site comprises of one existing rural title with a total area of 10.01ha. The site is improved by one (1) dwelling and an associated shed.

Access to the subject site is from Hasthorpe Road which is a sealed, maintained road. The lot has 68.9 metres of road frontage. The total area of the lot is 10.01ha and is approximately 1.2km from the township of Kandanga.



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2.1.3 Surrounding Land Uses Land adjoining the subject site is included in the Rural Zone.

Surrounding land uses are predominately of a rural nature with the exception of the Kandanga cemetery which is located to the west and adjoins Mary Valley Road. Several residences are located within a 500m radius of the proposed site. The nearest rural pursuits identified are located approximately 370m to the east of the site.

2.1.4 Site History

There are no previous approvals over this development site.

2.2 STATUTORY REQUIREMENTS

2.2.1 Compliance with the Planning Scheme (a) Scheme Definition

Accommodation Premises is defined as: “the residential use of premises in units of accommodation. The term includes aged care facility, backpackers’ hostel, boarding house, caravan park, farmstay cabins, guest house, motel and nursing home.

Approximate location of Cabin Footprint

Adjoining Receptors

Nearest identified rural pursuits



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The term does not include dwelling house, home business or multi-residential.”

(b) Development Provisions Under the Cooloola Shire Council 2005 Planning Scheme, a material change of use for accommodation premises where located in the Rural Zone of the Rural Planning Area is ‘Code Assessable’ development.

Rural Planning Area Code The proposed development is consistent with the overall outcomes for the Rural Planning Area.

Accommodation Premises Code

Specific Outcome 3 requires that ‘Unit intensity and site density maintains a standard of residential amenity in keeping with community expectations, and protects the safety of residents’. The probable solution does not specifically define unit density or maximum gross floor area requirements for farm stay cabins. To provide some context however, under the Gympie Regional Council Planning Scheme 2013, the proposal would align with the definition of ‘Tourist Park’. Where located in the Rural Zone, the gross floor area for each cabin is to be a maximum 30m2. As part of the development, the Applicant is proposing nine (9) cabins in total as follows – Six (6) three bedroom cabins (proposed gross floor area of

88.71m2) Three (3) two bedroom cabins (proposed gross floor area of

55.9m2)

It is noted that the proposed cabins are significantly above the maximum gross floor area provision included within the Gympie Regional Council Planning Scheme 2013. The Applicant has however advised that the larger cabin sizes are to accommodate for the needs of the disabled occupants. For the three (3) bedroom cabins, each will include one (1) bedroom and an associated ensuite facility for the carer. The remaining two (2) bedrooms are to be utilised for high care disabled persons with a shared bathroom facility. Each cabin will contain at least one (1) bathroom facility suitable in size and layout for wheelchair use.



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In relation to the number of the cabins proposed, the Applicant has advised that ‘the number of occupants is considered desirable to ensure that the facility is financially viable’. Further that ‘the proposed cabins will have an occupancy capacity closer to five (5) cabins catering for the general public with double room occupancy.’ The proposed development will cater for a maximum of 24 occupants. Per cabin, each room will accommodate a single occupant except where visiting family is to stay overnight. In such circumstances, up to two (2) people may share a room. In this respect it is considered that the proposal will accommodate 24 occupants however this number could fluctuate with visiting family members. Consideration is warranted regarding the number of occupant’s onsite at any one time as the proposal does not seek to cater to the occupancy rates typically associated with a commercial cabin development for the general public. It is considered that a condition limiting the total number of occupant’s onsite at any one time is appropriate to ensure the use of the land remains at a scale appropriate for the area.

Within the report provided by the Applicant, it is noted that the specific location of the cabins has not been confirmed however the cabin footprint has been demonstrated on the proposal plan. It is advised that the final positioning of the cabins will have due regards to the following matters – ‘Privacy from neighbouring premises provided by established

vegetation Privacy one to the other provided by established vegetation Retention of significant established vegetation Siting of type of sewerage treatment systems’

As advised by the Applicant, the proposed cabins are to be situated with due regard for existing established vegetation. This will ensure that sufficient privacy is able to be maintained from adjoining residences and therefore unit intensity and site density can be appropriately managed. In relation to Specific Outcome 3, it is anticipated that the proposal includes a unit intensity and site density which is able to maintain a standard of residential amenity in keeping with community expectations, and not impact upon the safety of residents. Associated impacts are able to be managed through the imposition of appropriate conditions.



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Given the site is 10.01ha, it is acknowledged that the proposal is able to comply with the minimum site area prescribed by the probable solution relating to Specific Outcome 5 which seeks to ensure that accommodation premises are of a sufficient area to ensure adequate setbacks, open space, site facilities, car parking and landscaping can be provided for. The proposal also meets the probable solutions relating to the minimum boundary setback of 10m (where not associated with agricultural uses on adjoining premises) as well as the nominated height and number of storeys.

Specific Outcome 11 requires that: ‘Sufficient site area is provided for individual sites and units of accommodation to achieve an adequate level of privacy for occupants and users of the premises’.

As iterated above by the Applicant, the proposed cabins are to be situated to have due regard for existing established vegetation. This will ensure that maximum privacy from adjoining residences is achieved. Furthermore, consideration is warranted regarding the number of occupant’s onsite at any one time as the proposal does not seek to cater to the occupancy rates typically associated with a commercial cabin development for the general public. In this regard, it is considered that the proposal is able to comply with Specific Outcome 11. Specific Outcome 19 requires that ‘vehicle access to premises is safe, efficient and does not impact upon the amenity of adjacent or nearby residential areas’. Although the proposal is able to comply with the relevant probable solutions, it is anticipated that vehicle access from Hasthorpe Road has the potential to impact on the residence directly adjoining to the west. The Applicant has advised that ‘Only a comparatively small number of vehicles or qualified drivers will be present’. For this reason, it is anticipated that the development does not present a traffic impact comparable to a commercial cabin development for the general public. A condition requiring a two (2) tiered landscaped strip along the existing internal access path from the front boundary to suitably screen the adjoining dwelling on Lot 1 RP53423 is however, considered desirable. Furthermore, dust generation is able to be managed through the imposition of an appropriate condition. The proposal is considered to be able to comply with Specific Outcome 19.



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Erosion & Sediment Control Code No issues are perceived that cannot be controlled by appropriate conditions at the operational work/building work permit stage of the development to mitigate any concerns.

Infrastructure Works Code The proposal is able to meet the requirements of the Infrastructure Works Code. Landscaping Code The development introduces no additional landscaping as the Applicant intends to maintain existing established vegetation where possible. It is considered that the subject site includes existing vegetation along the boundary to the property adjoining to the north which should be sufficient to adequately maintain privacy and provide for screening purposes. A requirement for a two (2) tiered landscaped strip along the existing internal access path from the front boundary to suitably screen the adjoining dwelling on Lot 1 RP53423 is considered appropriate however.

Vehicle Parking and Access Code The overall outcomes of this code are the provision of sufficient vehicle parking for users of the premises on site, adequate circulation space within the site and safe and efficient movement of vehicles at ingress or egress points.

The existing access is via Hasthorpe Road is proposed to remain. A twelve (12) space car park is proposed to service the development and located within proximity to the ‘amenities building’. Cabins will not be provided with individual parking spaces however a service vehicle access track will provide access when required. Onsite manoeuvring areas, vehicle access track and slope conditions are considered adequate. No issues are perceived that cannot be controlled by appropriate conditions of approval.

2.2.2 Local and/or State Planning Polices

No State Planning Policies are considered relevant to the application. To provide some context, under the former Cooloola Planning Scheme 2005, road contributions for cabins would have been assessed at 50% of the Rural Residential contribution amount (i.e. 50% of $12,305) per



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cabin. Contributions would have been applied at $6152 per cabin or a cumulative cost for nine (9) at $55,372.

It is noted however that the Gympie Regional Council Adopted Infrastructure Charges Resolution (12 June 2013) is to apply to the development. No credits are applicable. Under the adopted infrastructure charge Accommodation - Short Term (Tourist Park), where for a cabin in a tourist park or dwelling in short-term accommodation attracts a contribution of $5,000 per dwelling unit. As water supply and sewerage systems are not available to the site, only a proportion of the adopted infrastructure charge has been applied to parks at a rate of 10% and roads at 30%. This equates to a charge of $2000 per cabin. Calculations have been applied as follows: Infrastructure Item Use Current Amount Urban Roads Accommodation (Short

Term) $13,500

Parks Accommodation (Short Term)

$4,500

TOTAL $18,000

2.3 OTHER PLANNING CONSIDERATIONS

2.3.1 Gympie Planning Scheme

The Gympie Regional Council 2013 planning scheme introduced on 1 July 2013 includes the site in the ‘Rural’ zone.

The intention of this zone is to: “(a) provide for a wide range of rural uses including cropping,

intensive horticulture, intensive animal industries, animal husbandry, animal keeping and other primary production activities;

(b) provide opportunities for non-rural uses that are compatible with agriculture, the environment, and the landscape character of the rural area where they do not compromise the long-term use of the land for rural purposes; and

(c) protect or manage significant natural features, resources and processes, including the capacity for primary production.”



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Accommodation Premises (Farm Stay Cabins) would be defined as “Tourist Park”. Tourist Park is defined as ‘Premises used to provide for accommodation in caravans, self-contained cabins, tents and similar structures for the public. The use may include a manager’s residence and office, kiosk, amenity buildings and the provision of recreation facilities for the exclusive use of occupants of the caravan park.’ The Gympie Regional Council Planning Scheme 2013 has a strong emphasis on supporting uses where associated with rural based industry or to encourage value adding and in this regard council has resolved to include provisions within the new planning scheme relating to ‘Tourist Park’ in the Rural Zone. It is noted that where in the Rural Zone and for up to four (4) cabins, a ‘Tourist Park’ is self-assessable development where able to comply with the relevant provisions of the Rural Zone Code (Section 4) or alternately where non-compliant, it would require a Code Assessable application. As the proposal includes nine (9) cabins, it would be subject to Impact Assessment. In this respect, the current proposal would be subject to a more rigorous application process where the application would be subject to public notification and any submitters would attract third party appeal rights. The application would need to demonstrate its merit and would be assessed against the entire Planning Scheme.

A brief assessment against the relevant provisions of the Rural Zone (Section 4 Tourist Park) have been provided as follows –



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The proposal meets the Acceptable Outcomes in relation to minimum site area, maximum height, vehicle access and provides clearance from natural hazards as identified by the Gympie Regional Council Planning Scheme Overlay mapping. In addition, appropriate conditions are able to ensure compliance with Acceptable Outcomes relating to the incorporation of non-reflective building materials and the provision of on-site effluent disposal, potable water and a centrally located refuse disposal area.

A Performance Outcome assessment would also be required in relation to maximum gross floor area of cabins (30m2) and minimum setbacks to property boundaries (50m). Performance Outcome 14 requires that ‘the amenity of the rural area is not adversely affected’. An assessment of the relevant considerations has been undertaken above (refer Section 2.2.1). It is considered that unit intensity and site density of the development is appropriate in this instance and the proposal seeks to support and add value to rural based industry of the wider locality. The proposal is considered to be compatible with the intent of the Rural Zone and therefore should be supported. It is considered that appropriate conditions can be imposed to manage the development.

2.3.2 Site Access and Traffic The site fronts Hasthorpe Road and the proposed ‘Accommodation Premises’ (Farmstay Cabins) will gain access from the existing access point which is currently utilised to gain access to the existing dwelling and associated shed.

2.3.3 Flooding The site is not subject to flooding. 2.3.4 Utilities and Services

The site is not serviced by reticulated water and sewerage infrastructure.

2.4 PUBLIC NOTIFICATION The application was not required to be advertised for public comment in accordance with the requirements of the Sustainable Planning Act 2009.



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3. BUDGET IMPLICATIONS Nil

4. POLICY IMPLICATIONS The proposal is consistent with council’s planning scheme.

5. CONSULTATION 5.1 External

CONCURRENCE AGENCIES No referral agencies were triggered with this application. NEARBY RESIDENTS Nearby residents were given the opportunity to comment on the proposal as the application did not require formal public notification. No written comments were received as a result. 6. CONCLUSION The proposal for nine (9) farmstay cabins is considered to be appropriate for this site. Conditions have been recommended to ensure that any adverse impacts are minimised. The application is recommended for approval subject to conditions.

7. ATTACHMENTS Nil.



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M24/07/13 Moved: Cr I.T. Petersen Seconded: Cr M.W. Curran

That council, as Assessment Manager, APPROVE development application 2013-0554 for Material Change of Use – Accommodation Premises (Farmstay Cabins) on Lot 2 RP190290 located at 20 Hasthorpe Road, Kandanga, subject to the following conditions:

Section 1 Conditions to be satisfied prior to the commencement of the use: 1. (i) The development shall be generally in accordance with

the plans submitted with the application and as per the amendments made in red (Unauthored and undated);

(ii) The layout of the development as shown on the endorsed development plan shall not be altered or modified unless previously approved by council’s Chief Executive Officer.

2. The development herein approved may not start until:

(i) the following development permits have been issued and complied with as required- (a) Development Permit for Building Work (b) Development Permit for Plumbing & Drainage Work

3. Infrastructure charges are payable as follows:

Infrastructure Item

Use Current Amount

Urban Roads Accommodation (Short Term)

$13,500

Parks Accommodation (Short Term)

$4,500

TOTAL $18,000 but will be subject to indexation annually on 1 July. 4. Provide potable water in accordance with the Food Safety

Standards in compliance with standards prescribed by the National Health and Medical Research Council’s Australian Drinking Water Guidelines by: (a) the installation of an approved automatic water

treatment and disinfection system, or (b) the use of a water treatment system relying on manually

dosed chlorination.



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5. (i) With the submission of a development application for

Building Works, submit two (2) copies of plans and specifications of the food preparation area at a scale of not less than 1:100, for assessment pursuant to the Food Safety Standards set out in Chapter 3 of the Australia New Zealand Food Standards Code.

(ii) Building works shall be undertaken in accordance with the approved plans and specifications (referred to in (i) above).

(iii) The use of the food preparation area herein approved may not commence until kitchen fixtures, fittings and finishes have been installed in accordance with the approved plans and specifications (referred to in (i) above) and Food Safety Standard 3.2.3 – Premises and Equipment set out in Chapter 3 of the Australia New Zealand Food Standards Code.

6. Prior to commencement of the operation of the licensable

food business obtain from council a licence pursuant to the Food Act 2006.

7. Access to the proposed lot is to be constructed in

accordance with the requirements of council’s Infrastructure Works Code – Drawing No R-15 and the Driveways and Crossovers Code. Note: Installation of a pipe is not required at this location.

8. Access to each lot shall have a minimum visibility of 85

metres in each direction to the satisfaction of council’s Chief Executive Officer.

9. A minimum of 12 off-street car parks are to be provided as

indicated on the approved plan. 10. Non-reflective building materials are to be incorporated

into the design of the approved cabins and associated amenities building.

11. Any filling or other development works undertaken on the

site shall be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

12. Car parking and access areas shall be dust-reduced and

designed, drained, constructed and maintained in accordance with council’s Vehicle Parking and Access Code.



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13. Prior to commencement of the work, an application for

compliance assessment is to be submitted for the proposed access, driveway and car parking for the development, demonstrating compliance with Conditions 4, 8 and 9.

14. Stormwater is to be disposed of onsite so as to cause no

scour or damage to adjoining properties to the satisfaction of council’s Chief Executive Officer.

15. Battered areas surrounding the driveway are to be

landscaped and/or sufficiently treated to prevent erosion to the satisfaction of council’s Chief Executive Officer.

16. A two (2) tiered landscaping strip is to be provided as

follows to suitably screen the adjoining dwelling on Lot 1 RP53423:

(i) From the front property boundary along the western

side of the existing internal access track for a length of 40m; and,

(ii) Planting schedule is to include Lemon Scented Myrtle - Backhousia citriodora and Cinnamon Myrtle – Backhousia Myrtifolia at 2m centres (or other alternatives suitable to council).

17. Undertake at no cost to council, the alteration of any public

utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

Section 2 Conditions relevant to the ongoing use of the site:

18. Refuse containers are to be provided in accordance with

the Environmental Protection (Interim Waste) Regulation 1996, stored in a centrally located refuse disposal area and removed from the site in appropriately sealed containers for disposal at a council landfill facility.

19. There is to be no detrimental effect upon the amenity of the

neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions at any time in council’s opinion.

20. Siltation and erosion control methods shall be

implemented and maintained at all times in accordance



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with council’s Environmental Management Plan to the satisfaction of council’s Chief Executive Officer.

21. The development is not to be operated for long-term

permanent rental accommodation. No individual visitor stay shall exceed one (1) month.

22. The number of visitors on-site at any one time is not to

exceed 32 persons, excluding residents of the existing dwelling.

23. The landscaping shall be maintained (watering, fertilising,

mulching, weeding, and the like) at all times.

Notes: All cleared vegetation is to be suitably processed or removed from the site at no cost to council. The following means of disposal are acceptable, but are not limited to: (i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials.

Burning off is not an acceptable means of disposal and will not be approved. Note: Bulk green waste is no longer accepted at any council landfill site.

Carried



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5/2 Development Application for Material Change of Use – Public Utility

(Telecommunications Facility) at 39 Howe Road, Traveston for NBN Co PORTFOLIO: Planning and Development


AUTHOR: Planning Officer – K. Fuller DOC ID: 2013-0435



1.0 BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil

2.0 REPORT FILE NO: 2013-0435 APPLICANT: NBN Co RPD: Lot 5 RP202211 SITE ADDRESS: 39 Howe Road Traveston CURRENT USE OF LAND: Cattle Grazing and Dwelling PROPOSAL: Public Utility (Telecommunications

Facility) EXISTING ZONE: Rural APPLICATION ADVERTISED: 19 June 2013 ADVERTISING CLOSED: 9 July 2013 SUBMISSIONS RECEIVED: Six (6)



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2.1 INTRODUCTION 2.1.1 The Proposal

This application seeks approval to establish a telecommunications facility at Traveston as part of the National Broadband Network (NBN). The proposal comprises of a 30 metre monopole with three (3) panel antennas, three (3) remote radio units and one (1) parabolic dish antenna. The fenced compound area surrounding the infrastructure will be approximately 80m2. Access to the site for maintenance purposes is to be undertaken approximately once per year.



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The application would ordinarily be delegated to the Director of Planning and Development to make a decision, as the proposal complies with Planning Scheme requirements however submissions have been received in regards to the proposal. For sites outside the fibre network boundary, fixed wireless is a network of base station facilities that provide a broadband service via radio transmissions. The base stations communicate directly with antennas fixed to individual premises. The fixed wireless network proposed by NBN Co involves towers within the Gympie Regional Council region at Traveston, Kybong, Kandanga, Imbil, Brooloo and Carters Ridge as part of a wider network with towers within the Sunshine Coast region. The plan below shows the overall location of the proposed towers.



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Proposal Plans



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2.1.2 Site Description The site has frontage to Howe Road and is currently improved by a

dwelling and associated outbuildings. 2.1.3 Surrounding Land Uses The surrounding sites are predominately used for rural pursuits. 2.1.4 Site History Nil

2.2.0 STATUTORY REQUIREMENTS

2.2.1 Intent of the Zone

The intent of the Rural Zone is for sustainable rural uses to predominate and for valuable economic resources, including good quality agricultural land, to be sustainably managed.



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Public Utility ‘means the use of premises for community or public purposes: (a) by a government, government owned corporation or statutory

authority for: (i) operating works under the Electricity Act 1994 ; or, (ii) rail transport infrastructure and rail corridor land ; or, (iii) water treatment and storage; or, (iv) sewage treatment; or, (v) waste disposal; or,

(b) for a telecommunications facility, other than a “low impact facility” as defined by the Telecommunications (Low Impact Facilities) Determination, being a network tower, mast, antenna, equipment shelter or cabinet.’

In the Rural Zone, a Public Utility is impact assessable.

(b) Development Provisions This application is identified as Impact Assessable development and is therefore assessable against the entire Planning Scheme, however the most pertinent codes are listed below. Rural Planning Area Code The height of the monopole is approximately 30 metres. Whilst this exceeds the maximum height suggested for the zone, it is essential to the functioning of the use.



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The proposal is not considered to compromise any outcomes of the Rural Planning Area Code. Telecommunications Facility Code The specific outcomes of the Code require the facility to be visually integrated with the locality and do not cause light emissions in excess of recognised limits. The proposal is considered to comply with these outcomes. The applicant has advised the proposed facility has been designed to the minimum required height and as a slim line monopole to ensure visual impacts are minimised. The location of mature existing vegetation and the topography of the land will assist in reducing the visual impact of the facility. Several submissions have been received in relation to the proposal and it is recommended that the monopole be painted in a colour to suit the surrounding vegetation and further reduce visual impacts. 2.2.3 Local and/or State Planning Polices

There are no local or state planning policies applicable to this application. 2.3 PLANNING CONSIDERATIONS 2.3.1 Appropriateness of the Proposal This proposal is considered appropriate for the site. 2.3.2. Impact on Amenity The tower will be visible from surrounding properties. Some existing vegetation and the topography of the land will reduce the impact of the 30m pole. An appropriate condition could be imposed on any approval requiring the pole to be colour matched to blend in with surrounding vegetation. 2.3.3 Site Access and Traffic The site is to be accessed via a single entrance and exit point from Howe Road which is constructed to a gravel standard. The existing access is considered to be of a suitable standard for the development.



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2.3.4 Flooding A portion of the site is mapped as flood plain on Queensland Residential Authority (QRA) mapping. The proposed facility is located outside of the potentially affected area and given that the site will be accessed once per year, it is not considered that flooding will adversely impact the proposal. The applicant has indicated that the facility will still be able to operate during a flood event and any annual access to the site for maintenance purposes would be performed in reasonable weather conditions.

Queensland Residential Authority (QRA) flood plain mapping 2.3.5 Gympie Regional Planning Scheme 2013 This application was submitted under the Cooloola Shire Planning Scheme 2005. The Gympie Regional Council Planning Scheme commenced on 1 July and a material change of use for a ‘telecommunications facility’ would still require impact assessment. The proposal achieves the overall outcomes for the Rural Zone as it does not compromise the long-term use of the land for rural purposes and therefore would still be supported under the GRC 2013 Planning Scheme.

2.4 PUBLIC NOTIFICATION The application was advertised for public comment in accordance with the requirements of the Sustainable Planning Act and six (6) submissions were received against the development.

Approximate location of proposed telecommunications facility



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Issue Comment

Flooding of the site and access road

The site is potentially affected by flooding as shown on Queensland Residential Authority mapping. The location of the proposed tower is outside of this area although the access track would be affected. The applicant states the facility is able to operate during a flood event and that for safety reasons the site would not be physically accessed during extreme weather events ie flood, excessive wind.

Tower will affect property values Property values are not a valid planning concern.

Health impacts of radiation emissions

Base stations must operate in accordance with the ACMA Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003. The licence conditions set mandatory limits in The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) RF Standard for human exposure to RF electromagnetic radiation. The ARPANSA states that for a typical 40m high NBN base station the highest exposure limit at ground level in the area is less than 1/25 000 of the ARPANSA public exposure limit.

Access to the site is restricted by a low level railway pass & load limits on wooden bridges

The applicant states the access to the site for construction purposes is still to be assessed. If access via the underpass is not feasible alternative access will be sought via Noosa Road. The construction phase is anticipated to be carried out over approximately ten weeks.

Visual impact It is acknowledged that the tower will be visible from surrounding properties. The applicant has provided advice that the facility is to be located in proximity to



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existing similar infrastructure (including high voltage power lines). Some existing vegetation will assist in visually integrating the pole within in surroundings and reducing visual dominance of the structure. It is recommended that the pole be painted to further integrate with the surrounding vegetation and reduce visual impact.

Should be located on higher ground or co-located on an existing facility

The applicant advised that there are no opportunities to co-locate within the Traveston locality and that the height and location will meet coverage objectives for the area and provide a line of sight to other planned sites in the NBN network.

Environmental impact The site is located in a cleared portion of the lot and is not considered to have an adverse impact on the environment.

Occupational health & safety issues in relation to noise during construction & air-conditioning units required to cool facility

Any construction will be required to comply with the relevant standards for Occupational Health & Safety and the Environmental Protection Regulation in regard to construction hours and noise limits.

Surrounding lots zoned rural residential & tower would be detrimental to vista

The subject site and surrounding lots are included in the Rural Zone. The proposed tower at 30 metres high will be visible from surrounding properties. Some existing vegetation and the topography of the land will assist in reducing visual impacts. A condition is recommended for the tower to be painted to integrate into the area as much as possible.

Aircraft warning lights would further add to visual impacts

Aircraft warning lights would not be required based on the height of the tower and separation distance from the site to the Kybong airport



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A lengthy response to all the issues raised in the submissions was provided by the applicant and is available for viewing. 3.0 BUDGET IMPLICATIONS

Nil

4.0 POLICY IMPLICATIONS The proposal is consistent with council’s planning scheme.

5.0 CONSULTATION 5.1 Internal (a) Engineering Directorate

Design Services Division have advised they have no requirements.

5.2 External CONCURRENCE AGENCIES (a) Department of Transport and Main Roads The proposal required referral to DTMR as the subject site is within 400 metres of a public passenger transport facility (ie Traveston Rail Station). This Agency has provided a condition to be attached to any approval that the development must be carried out generally in accordance with the drawings submitted with the application. 6.0 CONCLUSION This proposal is a Material Change of Use application for a Public Utility located in the Rural Zone. The proposal is considered appropriate for the area and any potential impacts able to be managed via conditions of approval.

7.0 ATTACHMENTS: Nil



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M25/07/13 Moved: Cr W.W. Sachs Seconded: Cr R.A. Gâté That council, as Assessment Manager, APPROVE development

application for Material Change of Use – Public Utility (Telecommunications Facility) on Lot 5 RP202211 located at 39 Howe Road Traveston subject to the following conditions:

1. The development shall be generally in accordance with the

plans submitted with the application.

Plan No Title Drawn By Dated 4POM-51-23-TRAV-C2 Rev 01

Overall Site Plan

Aurecon Australia Pty Ltd

19/04/13

4POM-51-23-TRAV-C3 Rev 01

Site Setout Plan


19/04/13

4POM-51-23-TRAV-C4 Rev 01

Site Elevation and Details


19/04/13

2. The use herein approved may not commence until:

(i) the following development permits has been issued and complied with as required - (a) Development Permit for Building Work

3. Legal access from Howe Road is to be established to the

proposed lease area for the approved telecommunications facility. Prior to the construction of the facility evidence is to be submitted to council of the form this legal access will take (ie creation of an access easement, or through a condition of the lease).

4. The monopole is to be painted in a non-reflective finish and

colour matched to the surrounding vegetation.

Carried



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5/3 Development Application for Material Change of Use –

Accommodation Premises (Camping & Vans) and Food or Entertainment Venue (Music Festivals & Outdoor Entertainment) at Mitchell Creek Road, Kandanga Creek for J. Budgen PORTFOLIO: Planning and Development


AUTHOR: Planning Officer – S. Court DOC ID: 2013-0210



1.0 BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Nil.

2.0 REPORT FILE NO: 2013-0210 APPLICANT: J. Budgen RPD: Lot 3 SP186063

SITE ADDRESS: Mitchell Creek road, Kandanga Creek

CURRENT USE OF LAND: Grazing, cattle breeding and two (2) annexes.

PROPOSAL: Accommodation Premises (Camping & Vans) and Food or Entertainment Venue (Music Festivals & Outdoor Entertainment)

EXISTING ZONE: Rural



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2.1 INTRODUCTION 2.1.1 The Proposal

This application seeks council’s approval for a material change of use for accommodation premises (camping & vans) and food or entertainment venue (music festivals and outdoor entertainment) over one (1) rural zoned title on Mitchell Creek Road, Kandanga Creek.

The development proposes an annual music festival with associated camping and support facilities and for five (5) additional outdoor entertainment events comprising of music and dancing.



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The music festival is proposed to have participants arriving throughout the day on Friday and Saturday morning and leaving Sunday afternoon/evening and Monday. The festival would be open between 7:00pm to midnight Friday, mid-morning to midnight Saturday and 9:00am to Sunday afternoon. Camping areas for vans and tents will be designed and marked out on the ground with star pickets and rope or hessian to accommodate up to 1 200 campers for the annual event and 100 campers for the other five (5) events. The Applicant has advised that these will be the maximum site populations for each weekend. The website available for the weekend and media to promote the event advertise day tickets. Purchasing of day tickets would indicate that the patrons would not be camping and as such the maximum site populations would not be achieved. Performances would occur from a single stage. Local musicians would play from midday with a view to giving them exposure both to the public and the professional musicians. Professional musicians would play from late afternoon to midnight. Car parking areas will be separate to the camping areas. All infrastructure is proposed to be imported on to the site for each event. This will include the stage, sound equipment, portable toilets, food, drink, arts and craft stalls by local vendors, lighting, public area tents and generators for power. The Applicant has advised they intend to manage the event and reside, with security personnel, in the existing cabins during setup, the event and the dismantling. The annual event is proposed to occur each September to correlate with low flood and bushfire risks. The premises are not intended to be licensed to serve alcohol under this application. The development is proposed to be setback approximately 170 metres from Mitchell Creek Road and a minimum of 30 metres from all side and rear boundaries.



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2.1.2 Site Description

The site comprises of one (1) irregular shaped lot located on the eastern side of Mitchell Creek Road. The lot is currently being used for grazing, cattle breeding and two (2) annexes. It also consists of a shed, bore, fencing and tracks. Mitchell Creek Road is an unsealed, maintained road. The lot has 587 metres of road frontage. The total area of the lot is 35.85ha and is approximately 25.45km from the major centre of Gympie. The site adjoins Tree Mountain Forest and contains remnant and regrowth vegetation. Mitchell Creek meanders through the site toward the western boundary before joining Kandanga Creek. The property is on the floor of the valley and elevates in the east to the adjoining forested hills.

2.1.3 Surrounding Land Uses

The site is situated in a rural locality where the primary land uses are forestry and agriculture.



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The property to the north of the site has recently been approved for intensive animal husbandry (free range pig farm – up to a maximum of 100 standard pig units).

2.1.4 Site History

The Applicant has advised the site was created in 2005 as a consequence of a four (4) lot subdivision of a 126ha four (4) title holding. There are two (2) existing cabins on site that do not have a current land use approval.

2.2.0 STATUTORY REQUIREMENTS

2.2.1 Intent of the Zone The development site is zoned Rural under the Cooloola Shire Council 2005 planning scheme where it is intended that: “(i) rural uses predominate; and, (ii) valuable economic resources, including extractive resources,

good quality agricultural land and timber, are sustainably used; and,

(iii) industrial uses that: (A) create a demonstrated community benefit and economic

opportunity; and, (B) are of a nature and scale precluding a location in other

zones; or, (C) must be located in proximity to economic resources; are

sensitively located in accordance with community expectations;”



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Although the proposal is not for an industrial use, it is considered that the development creates an economic and social opportunity which may bring the local community together for a use that is of a nature and scale precluded in other zones.


Accommodation Premises is defined as: “the residential use of premises in units of accommodation. The term includes aged care facility, backpackers’ hostel, boarding house, caravan park, farmstay cabins, guest house, motel and nursing home. The term does not include dwelling house, home business or multi-residential.” Food or Entertainment Venue is defined as: “means the use of premises: (a) for the sale of food and/or beverages; or, (b) for the provision of entertainment and/or recreation; or,; or, (c) at which more than three or more coin, card, or token operated

amusement machines are available for use. The term includes amusement parlour, cabaret, cinema, conference

centre, function centre, gaming establishment, hotel, take-away food



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store, restaurant, the commercial activities of sporting and other clubs, tourist theme park, and commercial sporting or recreation facilities such as squash courts and indoor cricket centres.

The term does not include community services or community or open

space.”

(b) Development Provisions Under the Cooloola Shire Council 2005 Planning Scheme, a material change of use for accommodation premises is ‘Code Assessable’ and a material change of use for food or entertainment venue is ‘Impact Assessable’ development. Therefore the application is assessable against the entire planning scheme and the following Codes are considered the most relevant. Rural Planning Area Code The proposed development is consistent with some of the overall outcomes sought for the Gympie Planning Area with the exception of those relating to effects of use and provision and effects of works. Specific Outcome 3 Gympie Planning Area Code (Rural) requires that uses are located and designed to avoid significant adverse changes to the acoustic environment of adjoining and surrounding premises. An acoustic report was submitted with the application, compiled by Air Noise Environment Pty Ltd dated 5 October 2012, and considered the noise produced by the development onto nearby sensitive receivers with and without the performance noise of the festivals proposed. During the weekend of 22 September 2012, the Applicant hosted a small scale entertainment event at the proposal site. It involved a single stage with amplification equipment for live bands to perform. The event was staged for community consultation for the local area to provide their input to the proposal to hold such events regularly. The main noise generating activity during this weekend was that of the stage performances with additional noise being generated as a result of the car movements along Mitchell Creek Road accessing the site. There were also two (2) small generators on site, and the patrons to the event (approximately 50 people).

Suggestions for attenuation measures as suggested in the Recommendations section of the report include: - The mixing desk operator at any future event is to have a sound

pressure level meter. The levels are to be monitored during



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each performance, and volumes are to be adjusted to achieve the recommended noise levels in the report;

- A good management method would be to ensure levels remain 3dB (A) below these operating levels to avoid incidental spikes as a result of variations in the music;

- Stage orientation should remain to be facing south-east and inclusion of haybales, or other absorptive structures to the sides and rear of the stage could greatly reduce the noise levels to the nearest sensitive receptors; and

- To ensure the noise from vehicle movements do not encroach on sensitive receptors in the area, it is recommended that vehicles not access or depart the venue between the hours of midnight and 7am.

Therefore, it is considered that outcomes relating to noise can be managed through appropriate conditions to comply with Specific Outcome 3 of the Gympie Planning Area Code. Specific Outcome 5 requires that: “Uses are located and designed to avoid significant adverse changes to the traffic conditions experienced by occupants of adjoining and surrounding premises.” As there was no traffic assessment report submitted with the application and given the frequency of the festivals, an events management plan that would indicate how the number of participants would be limited to the specified 1 200 annually and less than 100 visitors every second month was requested. Comments provided from the applicant in response to this request include:

“The event will have a web based ‘Eticketing’ to monitor ticket sales so that the event numbers can be capped. The applicant will prepare an Event Management Plan (EMP) and it will generally take the form of the Department of Tourism, Sport & Racing 1999 publication “A Planning Guide for Event Managers – Alcohol, Safety and Event Management”. Council can access this very comprehensive document through www.olgr.qld.gov.au/resources/liquorDocs’PlanningGuideEventManagement.pdf This will be prepared before the music festival and provided to the local Rural Fire Brigade, local State Emergency Services and Council for information purposes.”

http://www.olgr.qld.gov.au/resources/liquorDocs'PlanningGuideEventManagement.pdf

http://www.olgr.qld.gov.au/resources/liquorDocs'PlanningGuideEventManagement.pdf



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In the Applicant’s response no reference has been made to ticket sales being made to patrons that turn up to the event on each day of the weekend. The Applicant has not clarified if patrons will be refused entry in this instance. In previous approvals for other festivals held around Australia (e.g. Blues & Roots Festival over Lot 103 – 105 1023126, Pacific Highway, Tyagarah – Byron Shire Council) maximum attendance numbers for persons to occupy the camping ground are capped as well as the maximum number for the daily crowds. Evidence supplied by an agent independent of the event management is required to be submitted to Byron Shire Council to confirm that patron numbers within the event do not exceed the numbers specified by the decision notice. In addition to the above, conditions were placed on the decision notice for the Applicant to: • submit a Traffic Management Plan to Council to be reviewed,

approved and implemented; • traffic management arrangements are to be advertised prior to the

event with the advertising being in the local newspaper on two (2) separate occasions (all costs to be borne by the applicant);

• a letterbox drop to all local residents and businesses directly affected by the traffic management arrangements is to be undertaken and to include: o an outline of the hours of the event; o traffic arrangements; and o direct contact details of the event coordinator responsible.

In the above example a maximum of 7 250 persons to occupy the camping ground and a maximum daily crowd number from Thursday to Monday of the festival was capped at 17, 500 patrons. Given the Applicant has proposed a maximum of 1 200 campers for its annual event, any amendment to these patron numbers should be required to be negotiated with council. It is also considered reasonable that the above conditions relating to submitting a traffic management plan and communicating traffic management arrangements to the local residents also be implemented should the application be approved. This would limit or avoid significant adverse changes to the traffic conditions experienced by occupants of the adjoining and surrounding premises as required by Specific Outcome 5 of the Rural Planning Area Code.



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All other outcomes can be managed through appropriate conditions. Accommodation Premises Code The overall outcomes sought for the Accommodation Premises Code is the “provision of accommodation on a temporary or permanent basis for residents, tourists and other visitors to the Shire that: (a) is consistent with the scale of other buildings and structures in the

vicinity; and, (b) is designed and sited to compliment the local amenity; and, (c) meets the needs of users and is suitably located in relation to

access to services and infrastructure reasonably expected by those users; and ,

(d) protects the safety and amenity of users of the accommodation premises and surrounding premises, including protection from natural hazards; and

(e) maintains the safety and efficiency of the road network.” Probable Solution 3 of the Accommodation Premises Code requires that no more than 40 caravan park or camping ground sites per hectare are provided on the site. The applicant has advised for the annual event that there will be no more than 1 200 campers. Given the site is 35.85ha, there is a sufficient site density on the allotment for the number of camping grounds proposed to maintain a standard of residential amenity in keeping with community expectations and to protect the safety of the residents. Specific Outcome 8 also requires buildings and sites to be adequately protected from bushfire hazard. The Applicant was requested for further information in relation to providing a bushfire management plan and evidence of evacuation routes as the site is affected by council’s recently adopted Queensland Reconstruction Authority flood plain mapping. In response to providing a bushfire management plan the Applicant has advised:



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The application was referred to Yabba Rural Fire Brigade and has been discussed later in this report. It is considered reasonable that an evacuation management plan (that will be prominently displayed on the site) for evacuation of the camping grounds at the annual event (due to the numbers proposed) at the first signs of an emergency incident be conditioned as part of any approval. The Applicant’s response to providing an evacuation plan for times of flooding or bushfire emergencies previously included:



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The Applicant has referred to his own knowledge and that of Wikipedia Encyclopaedia. Wikipedia Encyclopaedia is created through the general public adding to its content and as such data would need to be verified further. It is acknowledged that September is the second driest month of the year for the region. However, due to its rural locality it is still considered reasonable that an evacuation management plan be conditioned as part of the approval due to the numbers of patrons proposed. As discussed earlier in this report, there are two (2) existing cabins on site that do not have a current land use approval. A letter was sent to the Applicant dated 6 November 2008 and to their private certifier on 21 November 2008 requesting further information to confirm if a material change of use application was necessary. The Applicant has advised in a response for further information dated 3 May 2013: “that the two (2) cabins are used by the owner when they visit their property. The cabins are not used as multiple dwellings or dwelling units but as a single dwelling. On this basis, it is our understanding that the cabins do not require a land use approval. To the extent that council does not agree with our assessment, we submit there is no obstacle to council approving the current application and addressing any alleged non-compliance with the planning scheme (which at this stage at least we can’t see) as a separate matter.” The Applicant has not requested that these two (2) cabins to be included to be incorporated as part of the proposal. The Applicant has advised that the cabins will be used for event coordinators to be manage the event and reside, with security personnel, in the existing cabins during setup to the event being dismantled. Therefore, they are to be used for accommodation purposes. It is therefore relevant for an application for material change of use for accommodation premises to be submitted so that the two (2) cabins can also be used as part of the proposal. Erosion & Sediment Control Code Appropriate conditions can be included to address the code should the application be approved.



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Infrastructure Works Code The site is not connected to reticulated water and sewerage. The Applicant is proposing a local contractor to provide port-a-loos for the events and potable water will be provided by Water Guard filtration and sterilization systems to the bore water as well as bottled water. It would be reasonable to condition that free potable drinking water is to be available and provided for consumption of staff and patrons. The Applicant has advised that the site is powered through existing solar panels and will be supplemented by generators. The Applicant further advises that the site has Telstra mobile phone coverage and that Telstra is looking at sponsoring the event and bringing a SatCOW (satellite cell on wheels) to the music festical. At the time of writing this report Telstra were not listed as Sponsors/Partners for the event. Landscaping Code The development introduces no additional landscaping as the Applicant considers that the proposal does not warrant landscaping. It is considered that as the property is surrounded by forestry to the east and south, there is vegetation along the majority of the road frontage and the proposal is temporary in nature no additional landscaping would be required. Vehicle Parking & Access Code Specific Outcome 1 of the Vehicle Parking and Access Code requires that “Adequate parking is provided to meet the needs of occupants, employees, visitors and other users.”

Probable Solution 1(a) requires that ‘vehicle parking spaces are provided on-site in accordance with Schedule 10 Minimum Vehicle Parking Requirements’.

Car parking spaces for an accommodation premises (other than for backpacker accommodation or a motel) are required to be provided at a rate of 1.25 spaces per unit of accommodation (including the manager’s residence) and one (1) bus parking space per 20 units of accommodation.

A food or entertainment venue (where involving the sale of food) is required to provide 5.5 spaces per 100m2 of GFA.



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The Applicant considered that the provisions nominated in the Vehicle Parking & Access Code are irrelevant as a result of “the nature of the use, the character and location of the site and the frequency of the activity”.

The Applicant further advises: “With respect to vehicle access within the site, it is proposed to retain

and not upgrade the existing tracks. With respect to the parking areas, it is proposed to park vehicles at defined areas where the grass has been mown and broad parking areas delineated by star pickets and rope …

With respect to the number of car parking spaces, the designated

areas will accommodate some 400 vehicles (but area clearly exists for overflow parking). The number of vehicles has been calculated on the basis of a maximum site population of 1 200 people for the weekend music festival (averaging 3 people per car) …

… impact on the gravel Mitchell Creek Road. Trip distribution will be vaired as people will come from the north, from

the coast and from the south. The main roads are likely to be the Bruce Highway, Gympie-Brooloo Road, Cooroy Belli Road or Eumundi Kenilworth Road to Kenilworth Skyring Creek Road thence Tuchekoi Road, or maybe via the Old Bruce Highway to Tuchekoi …

Given that patrons are likely to arrive over a 24 hour period and depart

over a 24 hour period, given that other than Mitchell Creek Road (formed gravel road used by forestry trucks and an annual car rally) and Kandanga Creek Road (bitumen sealed road also used infrequently by forestry trucks and the annual Gympie music Muster patrons) the traffic distribution is likely to be broadly spread and given that this is once major event per annum, it is considered unnecessarily onerous to require a traffic impact assessment and unnecessarily onerous to impose conditions that require road upgrades.”

The development site allows for a large area to be allocated towards

carparking for all patrons proposed. A Traffic Management Plan has previously been conditioned by other

council’s for a similar use to ensure that measures are incorporated so that residents in the vicinity of the development are subjected to minimal time delays during the events.

In addition to this, it is recommended that car parking areas are to be

prepared to allow marshals to efficiently direct patrons to parking spaces and for internal circulation aisles to be provided to allow for



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adequate space for all vehicles to manoeuvre into parking spaces and for vehicles to pass.

A sufficient number of parking marshals should also be present in the

car parks to direct patrons to selected parking areas, to direct pedestrians away from main traffic routes, and to prevent congestion on internal circulation aisles.

It is also considered relevant for all internal roads and pathways to be

maintained to provide all weather access during the event. Effective dust-control measures should be introduced and maintained in accordance with erosion and sediment control conditions.

Given the rural locality of the site and the proposed use allows for

patrons to BYO alcohol, it would also be reasonable to condition that emergency vehicle access points are maintained at all times during the events. Emergency vehicles and personnel must not be obstructed or prevented from conducting their necessary duties.

Other councils have conditioned that a clear passage of minimum

4 metres width, without any height restrictions, must be available within the site for emergency vehicles during such events.

To discourage on-street car parking on roads within the vicinity, the

entry fee for the event should also include free parking within the site. Therefore, it is considered that appropriate conditions can be included

to address the code and the temporary nature of the use should the application be approved.

Conservation Significant Areas Code The proposal plan for the festival demonstrated that the main music arena was mapped within Regional and Local Ecosystem Value Areas. Correspondence from the Department of Natural Resources & Mines dated 26 April 2013 confirmed that the development will not occur within a remnant regional ecosystem and will therefore not give rise to vegetation clearing. Appropriate conditions can be included to address the code should the application be approved. Natural Waterways & Wetlands Code Appropriate conditions can be included to address the code should the application be approved.



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Resource Areas Code Appropriate conditions can be included to address the code should the application be approved.

2.2.3 Local and/or State Planning Polices

No State Planning Policies are considered relevant to the application.

2.3 OTHER PLANNING CONSIDERATIONS 2.3.1 Draft Gympie Planning Scheme The Gympie Regional Council 2013 planning scheme introduced on 1 July 2013 includes the site in the ‘Rural’ zone.

The intention of this zone is to: “(a) provide for a wide range of rural uses including cropping,

intensive horticulture, intensive animal industries, animal husbandry, animal keeping and other primary production activities;

(b) provide opportunities for non rural uses that are compatible with agriculture, the environment, and the landscape character of the rural area where they do not compromise the long-term use of the land for rural purposes; and

(c) protect or manage significant natural features, resources and processes, including the capacity for primary production.”



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Accommodation Premises (camping) would be defined as “Tourist Park” and would be impact assessable. Food or entertainment venue (music festival and outdoor entertainment) would be defined as “Outdoor Sport and Recreation” and would also be impact assessable. It is considered that given the infrequent nature of the events the proposed use is compatible with the rural environment as it allows for the land to continue to be used for agricultural uses in between events and in the future. Therefore, it does not compromise the long-term use of the land for rural purposes and appropriate conditions can be imposed to protect the amenity of the area during the events. 2.3.2 Impact on Amenity Given the site is adjacent to forestry, the use is infrequent in nature and the nearest residence is screened by vegetation on their own property, the development is expected to have a minimal impact on the existing amenity of the area. It is recommended that the attenuation measures as recommended in the acoustic report discussed above be provided through conditions of any approval to protect amenity. 2.3.3 Site Access and Traffic One (1) access point is proposed for the development site off Mitchell Creek Road with existing access tracks throughout the site. One (1) of the access tracks also leads to Mitchell Creek Road but has not been proposed as an access point on the site plan. The application was not required to be referred to the Department of Transport and Main Roads as a concurrence agency. Subsequently, the application was referred to the Gympie District Traffic Branch and the Yabba Rural Fire Brigade. Advice from both of these agencies has been provided in the below external consultation section. 2.3.4 Contributions Council’s Adopted Infrastructure Charge Resolution allocates $1 000 per tent in the Accommodation (short-term accommodation) category, which is to be allocated to the following items as follows:



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Park 10% Roads 30% Water supply 30% Sewerage 30% Given the development will not rely on the water supply or sewerage networks, only 40% (ie Parks 10% + Roads 30%) of the allocated charge (ie $400) is applicable. The music festivals are considered most appropriately defined as Outdoor Sport and Recreation under the Resolution, for which an infrastructure charge amount is to be determined based on the charge category that the local government decides should apply for the use at the time of assessment. In this regard, and based on the infrequency of the annual music festival event and the lead-in roads in their current state being satisfactory to service the development, a contribution for this use is not considered warranted. Depending on the future impact of this use on the local road network (to be monitored), council may at any stage in the future, consider a benefitted rate to apply to the development site which could then be allocated to maintenance of the lead-in roads. For the other events, to occur five (5) times per year, a contribution towards roads and parks is similarly not recommended given a contribution is recommended for all the campers for the events, who are expected to constitute the majority of attendees. Based on an average of 4 occupants for the 100 intended tents (ie 25 tents), a contribution is therefore recommended to apply to the bi-monthly events as follows: Parks = $1 00 x 25 = $2 500 Roads = $300 x 25 = $7 500 TOTAL = $10 000 2.3.4 Flooding The site is included within council’s recently adopted Queensland Reconstruction Authority flood plain mapping as discussed previously in this report. 2.3.5 Utilities and Services The site is not serviced by reticulated water and sewerage infrastructure as discussed previously in this report.



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2.4 PUBLIC NOTIFICATION The application was advertised for public comment in accordance with the requirements of the Sustainable Planning Act 2009 and no submissions were received.

3.0 BUDGET IMPLICATIONS

Nil.

4.0 POLICY IMPLICATIONS The development is consistent with council’s current planning scheme.

5.0 CONSULTATION 5.1 Internal (b) Engineering Directorate

Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the report submitted by Randall Barrington Town Planning to conduct an annual music festival (1200 patrons) with associated camping and support facilities and five (5) additional outdoor entertainment events (100 patrons) comprising of music and dancing. Lead-in Road and Frontage Road It is expected the majority of the traffic generated by the events would travel via Kandanga Creek Road and Mitchell Creek Road to the festival site fronting Mitchell Creek Road. Given the major event allows for camping, it is expected that patrons would arrive and depart over a broader time period thus reducing the impact on the road network. Kandanga Creek Road is constructed to a two (2) lane bitumen standard and Mitchell Creek Road a two (2) lane gravel standard. Both roads are used by local logging companies to cart timber to the Imbil mills. The application was referred to the Gympie Police Traffic Branch for Third Party Advice on traffic safety issues. The police advised no foreseeable traffic concerns could be identified with the venue given the size of the proposed events. HQ Plantations, the company managing the forest plantations, will be removing an existing grid from the section of Mitchell Creek Road leading to the venue in the near future and this will increase the safety to this road. This removal will be supervised by Council’s Infrastructure Operations Branch.



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Contribution Taking into account the total estimated traffic generation from all events of 600 vehicles it is considered a contribution for road improvements is not warranted at this stage. Council’s Design section will monitor traffic flows generated by the event and should traffic generation increase substantially council may consider applying a benefitted rate for road maintenance onto the event lot. Access The site plan submitted with the application shows two existing tracks from Mitchell Creek Road to the event site. A site inspection revealed the northern track across Mitchell Creek is totally washed away and the southern track is partly washed away and needs to be re-established to allow for two lane traffic for the safety of patrons. As Mitchell Creek is classified as a major creek by the Department of Agriculture, Fisheries and Forestry permission will be required from that department to install a culvert crossing as well as permission from the Department of Natural Resources and Mines for carrying out work in the creek bed. Council should limit access to the event via the southern access point only as the northern access is not aligned to meet council’s requirements. Sight visibility clearing will be required to the southern access to increase safety and meet council requirements. Flooding As the venue site is on the eastern side of Mitchell Creek and section of Mitchell Creek Road is affected by flood for Kandanga Creek, the event organised should be required to formulate a evacuation plan and submit a copy to council for future reference. Water Supply, Effluent Disposal and Garbage Collection Water supply, effluent disposal and garbage collection are to be assessed by council’s Health and Environment Services Division. 5.2 External

ADVICE AGENCIES (a) Gympie District Traffic Branch

Third Party advice was sought from the Gympie District Traffic Branch. An inspection conducted by the Officer in Charge confirmed that they did not foresee any traffic problems with the venue given the size of the proposed events.



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However, if the event was allowed to grow much larger than is proposed, they indicate there could be problems created by vehicles queuing on to Kandanga Creek Road. A large event could be a significant risk as a result of the single entry/exit point in the event of a natural hazard e.g. bushfire or flood. The Officer in Charge has recommended that there is some communication between the organisers and the local logging companies to assist in avoiding any vehicular conflict on the planned weekends. (b) Yabba Rural Fire Brigade Third Party advice was sought from the Yabba Rural Fire Brigade. Correspondence received on 30 April 2013 confirmed that the fire brigade has no objection to the development as the site appears to be well cleared. A recommendation was suggested that the developer should be advised that camp fires should be kept well away from trees and should be thoroughly doused before the campers retire for the night. 6.0 CONCLUSION

The proposal for accommodation premises (camping) and food or entertainment venue (music festival and outdoor entertainment) involves a material change of use application.

The site is currently included in the “Rural” zone where the use is considered to be appropriate as it is infrequent in nature and does not compromise the use of the land for agricultural uses in the long-term. The development may pose some conflict with council’s planning scheme should the events grow larger than proposed in the application. A condition may be imposed on any approval for a further material change of use application to be applied for should this occur. Therefore, it is considered appropriate for the proposal to be approved. 7.0 ATTACHMENTS Nil.



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M26/07/13 Moved: Cr I.T. Petersen Seconded: Cr R.A. Gâté That council, as Assessment Manager, APPROVE development

application 2013-0210 for Material Change of Use – Accommodation Premises (Camping & Vans) and Food or Entertainment Venue (Music Festivals and Outdoor Entertainment) on Lot 3 SP186063 located at Mitchell Creek Road, Kandanga Creek, subject to the following conditions:

Conditions Applicable to the Annual Event

Section 1 - Conditions to be Satisfied Prior to Commencement of

the Use

1.1 The use herein approved may not commence until: (i) the following development permit has been issued

and complied with as required – (a) Development Permit for Material Change of Use

(Short-term accommodation (Two (2) Cabins) if intended to be used in conjunction with the music festival; and

(b) Development Permit for Operational Work (Access driveway and culvert construction).

Note: this application will necessitate referral to the State Government.

1.2 Undertake at no cost to council, the alteration of any public


1.3 The temporary structures and places of public

entertainment for the events must comply with the requirements of the Queensland Development Code, Building Code of Australia (BCA) and relevant referenced Australian Standards. Note: Some of the temporary structures may require a Development Permit for Building Work. Advice in this regard should be obtained from a registered Building Surveyor.

1.5 A camping site layout plan is to be submitted and approved

by council that clearly demonstrates a defined boundary for the camping areas. The area is to provide a minimum setback of 30 metres from all property boundaries and 70 metres from existing mapped remnant vegetation.



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1.6 Submit an evacuation management plan to council (that will be prominently displayed on the site) outlining evacuation procedures of the camping grounds at the first signs of an emergency incident.

1.7 Submit a traffic management plan to be approved by

council to ensure that measures are incorporated so that residents in the vicinity of the development are subjected to minimal time delays during the events.

1.8 A flood evacuation/contingency plan is required to be

submitted to council addressing flooding of Mitchell Creek and Kandanga Creek and must include, but may not be limited to:

(i) Clearly identified evacuation routes; (ii) Ground levels of those evacuation routes; (iii) Depth and time of flooding along the evacuation routes; (iv) Method of evacuating the number of people and

vehicles at the site; (v) Critical rainfall events for cancellation or evacuation of

the event; and (vi) Methods and location of flood monitoring. Development of the flood evacuation/contingency plan

must be carried out in liaison with the local State Emergency Services.

1.9 Traffic management arrangements are to be advertised

prior to each annual event. The advertising should be in the local newspaper on two (2) separate occasions. All costs are to be borne by the applicant.

A letterbox drop to all local residents and businesses

directly affected by the traffic management arrangements is to be undertaken. An outline of the hours of the event, traffic arrangements and direct contact details of the event coordinator responsible is to be provided to these residents/businesses.

1.10 The Event Organiser must notify the local Fire Brigades

and Ambulance about each annual event at least one (1) month prior to the event being conducted.

1.11 Provide signage for emergency vehicle access and flood

evacuation paths, including depth indicators, for all events.



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1.12 The method of treatment of stormwater runoff from and through the site shall be designed and constructed in accordance with council’s Infrastructure Works Code.

1.13 The southern access to the venue is to have a minimum

visibility of 85 metres in each direction to the satisfaction of council’s Chief Executive Officer.

1.14 Internal access to the venue from the southern access

point to Mitchell Creek Road is to be constructed to be a two lane, all weather access, including installation of a culvert over Mitchell Creek, from Mitchell Creek Road to ten (10) metres east of Mitchell Creek and design, drained, constructed and maintained in accordance with council’s Vehicle Parking and Access Code.

1.15 Prior to commencement of the operation of the licensable

food business obtain from council a license pursuant to the Food Act 2006.

Section 2 - Conditions Applicable During Each Event

2.1 The development shall be generally in accordance with the

plans submitted with the application:

Drawing Title Drawn By Date 1511-C-DR-507 Unauthored 15/03/2013

with the following amendment: (i) access is not permitted via the northern existing

access track nominated on the proposal plan.

2.2 Temporary structures and places of public entertainment are to be positioned wholly within the part of the site identified as ‘Music Festival Area’. No approval is given for any places of public entertainment and temporary structures outside of this area.

2.3 Free drinking water is to be provided to any patron upon

request.

2.4 A maximum number of 1 200 persons are approved to occupy the site. Any increase in these numbers will necessitate a request to change this approval or a further material change of use approval depending on the intended scale.



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2.5 Emergency vehicle access points are to be maintained at all times during the events. Emergency vehicles and personnel must not be obstructed or prevents from conducting their necessary duties.

2.6 A clear passage of minimum four (4) metres width, without

any height restrictions, must be available within the site for emergency vehicles during all events.

2.7 Approved operating hours are limited to the following: (a) Music festival and associated restaurants / markets /

stalls: • Friday: 7.00pm – 12 midnight; • Saturday: 12 noon – 12 midnight; and • Sunday: 9.00am – 2.00pm.

Camping ground and associated facilities:

• Thursday 9am to Monday 10pm.

2.8 Provide potable water in accordance with the standards prescribed by the National Health and Medical Research Council’s Australian Drinking Water Guidelines by: (a) the installation of an approved automatic water

treatment and disinfection system, or (b) the use of a water treatment system relying on

manually dosed chlorination.

Council requires testing to gauge compliance with the guidelines. Where manual dosing of chlorine is used, the testing must be performed at the owner’s expense (as per council’s fees and charges)

2.9 Servicing of refuse containers is to be at a location approved

by council’s Chief Executive Officer. 2.10 Waste water and other liquid wastes are not to be released

to stormwater drainage systems, stormwater, groundwater or discharged to waterways.

2.11 Any discharges of Trade Waste generated by the

development approved herein shall be treated in accordance with council’s Trade Waste Environmental Management Plan.

2.12 The following requirements of the acoustic report compiled

by Air Noise Environment Pty Ltd dated 5 October 2012 are to be implemented during the event:



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(i) The mixing desk operator at all future events is to have a sound pressure level meter. The levels are to be monitored during each performance, and volumes are to be adjusted to achieve the recommended noise levels in the report. Note: A good management method would be to ensure levels remain 3dB (A) below the above operating levels to avoid incidental spikes as a result of variations in the music.;

(ii) Stage orientation should be facing south-east; and (iii) Vehicles are not to access or depart the venue between

the hours of midnight and 7am to ensure the noise from vehicle movements do not encroach on sensitive receptors in the area.

2.13 All amplified music must cease by 12:00 midnight on Friday

and Saturday nights and 2:00pm on Sunday and must not recommence until 9:00am.

2.14 All advertising signs and devices are to be within the

property boundary and shall comply with the relevant provisions of council’s Advertising Devices Code as applicable.

Note: Advertising devices may necessitate the requirement of a Development Permit.

2.15 Loading/unloading operations shall be conducted within the

site and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

Section 3 - Conditions Applicable After Each Event 3.1 All temporary structures, traffic control devices and barriers,

and fencing must be removed within seven (7) days of the completion of the event.

Conditions Applicable to Community Events - (Maximum of Five

(5) per Annum)

Section 4 - Conditions to be Satisfied Prior to Commencement of the Use

4.1 The use herein approved may not commence until: (i) the following development permit has been issued and

complied with as required – (a) Development Permit for Operational Work (Access

driveway and culvert construction). Note: this application will necessitate referral to

the State Government.



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4.2 Infrastructure charges are payable as follows:

Infrastructure Item Current Amount Parks $2 500 Urban Roads $7 500 Total $10 000

but will be subject to indexation annually on 1 July.

4.3 Undertake at no cost to council, the alteration of any public


4.4 The temporary structures and places of public entertainment

for the events must comply with the requirements of the Queensland Development Code, Building Code of Australia (BCA) and relevant referenced Australian Standards. Note: Some of the temporary structures may require a Development Permit for Building Work. Advice in this regard should be obtained from a registered Building Surveyor.

4.5 Temporary structures and places of public entertainment are

to be wholly within the part of the site known as ‘Music Festival Area’. No approval is given for any places of public entertainment and temporary structures outside of this area.

4.6 Prior to commencement of the operation of the licensable

food business obtain from council a licence pursuant to the Food Act 2006.

4.7 A camping site layout plan is to be submitted and approved

by council that clearly demonstrates a defined boundary for the camping areas. The area is to provide a minimum setback of 30 metres from all property boundaries and 70 metres from existing mapped remnant vegetation.

4.8 The southern access to the venue is to have a minimum

visibility of 85 metres in each direction to the satisfaction of council’s Chief Executive Officer.

4.9 Internal access to the venue from the southern access point

to Mitchell Creek Road is to be constructed to be a two lane, all weather access, including installation of a culvert over Mitchell Creek, from Mitchell Creek Road to ten (10) metres east of Mitchell Creek and design, drained, constructed and



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maintained in accordance with council’s Vehicle Parking and Access Code.

Section 5 - Conditions Applicable During Each Event

5.1 The development shall be generally in accordance with the

plans submitted with the application, as amended in red:

Drawing Title Drawn By Date 1511-C-DR-507 Unauthored 15/03/2013

with the following amendment: (i) access is not permitted via the northern existing

access track nominated on the proposal plan.

5.2 Free potable drinking water is to be provided to any patron upon request.

5.3 A maximum number of 100 persons are approved to occupy

the site. Any increase in these numbers will necessitate a request to change this approval or a further material change of use approval depending on the intended scale.

5.4 Approval for the use proposed in this application is limited

to the following operating schedule: (a) All music festivals and associated

restaurants/markets/stalls: • Friday: 7.00pm – 12 midnight; • Saturday: 12 noon – 12 midnight; and • Sunday: 9.00am – 2.00pm.

Camping ground and associated facilities:

• Thursday 9am to Monday until 10pm. 5.5 Provide potable water in accordance with the standards

prescribed by the National Health and Medical Research Council’s Australian Drinking Water Guidelines by: (a) the installation of an approved automatic water

treatment and disinfection system, or (b) the use of a water treatment system relying on

manually dosed chlorination.

Council requires testing to gauge compliance with the guidelines. Where manual dosing of chlorine is used, the testing must be performed at the owner’s expense (as per council’s fees and charges)



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5.6 Servicing of refuse containers is to be at a location approved by council’s Chief Executive Officer.

5.7 The internal driveway is to be constructed in a manner to

provide suitable access for a refuse collection vehicle to the satisfaction of council’s Chief Executive Officer.

Please note that council’s Refuse Contractor uses heavy rigid vehicles, the weight of which may exceed 26t.

5.8 Waste water and other liquid wastes are not to be released

to stormwater drainage systems, stormwater, groundwater or discharged to waterways.

5.9 Any discharges of Trade Waste generated by the

development approved herein shall be treated in accordance with council’s Trade Waste Environmental Management Plan.

5.10 The following requirements of the acoustic report compiled

by Air Noise Environment Pty Ltd dated 5 October 2012 are to be implemented during the event:

(i) The mixing desk operator at all future events is to have a sound pressure level meter. The levels are to be monitored during each performance, and volumes are to be adjusted to achieve the recommended noise levels in the report;

(ii) Stage orientation should be facing south-east; and (iii) Vehicles are not to access or depart the venue between

the hours of midnight and 7am to ensure the noise from vehicle movements do not encroach on sensitive receptors in the area.

Note: A good management method would be to ensure levels remain 3dB (A) below the above operating levels to avoid incidental spikes as a result of variations in the music.

5.11 All amplified music must cease by 12:00 midnight on each

night and must not recommence until 9:00am. 5.12 All advertising signs and devices are to be within the

property boundary and shall comply with the relevant provisions of council’s Advertising Devices Code as applicable.

Note: Advertising devices may necessitate the requirement of a Development Permit.



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5.13 Loading/unloading operations shall be conducted within the site and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

5.14 No sites within the temporary camping areas may be used as

a long term residence. Section 6 - Conditions Applicable After Each Event 6.1 All temporary structures, traffic control devices and barriers,

and fencing must be removed within seven (7) days of the completion of the event.

Carried



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5/4 Request to Change an Existing Approval for Reconfiguring a Lot –

Subdivision to Create One (1) Additional Lot over Lot 2 RP213684 at 15 Hillview Road, Cedar Pocket for L. Munday PORTFOLIO: Planning and Development


AUTHOR: Planning Officer – S. Court DOC ID: 2008-0742



1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Development approval for a subdivision to reconfigure the subject land into two (2) lots was originally approved over this site on 10 June 2009. The Applicant submitted representations regarding the access and road upgrading required off Lucky Road which were presented to council at the Planning & Development Committee Meeting held on 15 July 2009. The minutes from the above meeting are attached below: 1.0 INTRODUCTION Development approval for Reconfiguring a Lot – Subdivision to Create Three (3) Additional Lots was issued on 15 June 2009. The applicant suspended their appeal period on 18 June 2009 and lodged representations in relation to some of the conditions on 19 June 2009.



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The conditions requested to be reconsidered are outlined below.

2.0 REPRESENTATIONS

(a) Conditions 2.1 – 2.6 (i) Condition 2.1 reads ‘Access to proposed lot 17 is to be constructed in accordance with the requirements of council’s Infrastructure Works Code – Drawing R-10’



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(ii) Condition 2.2 reads ‘Access to each lot on Lucky Road shall have a minimum visibility of 65 metres in each direction to the satisfaction of Council’s Chief Executive Officer.’ (iii) Condition 2.3 reads ‘All cleared vegetation is to be suitably processed or removed from the site at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to: (i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will not be approved. Note: Bulk green waste is no longer accepted at any Council landfill site.’

(iv) Condition 2.4 reads ‘The existing road is to be upgraded to a standard compatible with the proposed development. Council requires the following works to be carried out on Lucky Road: (a) 4.5 metre bitumen seal on 7 metre formation to the point of access of

proposed Lot 17 and terminating in a gravel turnaround.’ (v) Condition 2.5 reads ‘Any plans for operational works, water supply and sewerage works, drainage works and street lighting required by this development permit, are to be surveyed and designed in accordance with Council’s Infrastructure Works Code.’ (vi) Condition 2.6 reads ‘East Deep Creek Road and Lucky Road intersection is to be designed and upgraded to comply with Austroads Part 5: Intersection at Grade.’ (b) Applicant’s representations: ‘Conditions 2.1 – 2.6 refer to constructing Lucky Road to provide access to proposed Lot 17. The assumption that proposed Lot 17 is to gain access via Lucky Road is incorrect. As stated in the original Planning Report submitted with council on the 19 June 2008, Section 2.2 of the report states “proposed Lot 17 will also access Hillview Road via a new single driveway to be constructed. Neither lot proposes to gain access to Lucky road to the north west”. Consequently, conditions 2.1 – 2.6 are unreasonable conditions to impose on this type of application given access in (sic) intended via Hillview Road.



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In conclusion, we request council delete conditions 2.1 – 2.6 on the above mentioned grounds.’

(c) Assessment

Although the accesses to each lot have been nominated off Hillview Road it is likely the owners of proposed Lot 17 will access the house off Lucky Road rather than meander up through this lot at very steep grades. There are already two other houses with access off Lucky Road. Specific Outcome 1 (c) of the Reconfiguring a Lot Code requires all new lots for rural residential purposes to ‘have a bitumen road fronting the lots and direct bitumen road access into a service centre’. On this basis and being consistent with requirements placed on other developments (i.e. DA16450 - Petrie, DA14259 – Holley, DA13581 - Edwards, DA13022 – Lobegeier DA13809 - Feldmeier), a condition requiring half width road construction for the full frontage of proposed lot 17 was imposed. In these previous cases however the lots did have access to a gravel road that was already maintained by council and the new lots relied on access to this road. Feldmeier is perhaps the most appropriate comparison which proposed a new lot of an unmaintained road at the intersection of Groves and Nash Road. In this instance the lot was proposed to be altered to provide a legal access onto Groves but the most practical and likely access was to be off the unmaintained road. Following consideration of representations in this case council resolved to retain the condition requiring half width construction for the full frontage and on this basis should not delete the condition for this approval. A similar condition was imposed on the adjoining development (DA16450 – Petrie). Access from East Deep Creek Road may be achievable but previous advice obtained indicated sight visibility distances may be difficult to meet given the road alignment and a significant bank from the table drain to the lot boundary. Another consideration in requiring sealing in rural residential areas is the potential for dust nuisance in close proximity to nominated house sites and this is considered relevant given the most likely house sites are on the elevated section of the lot closest to Lucky Road. It is also considered that there is further development potential on Lucky Road that would warrant this condition be used for future applications. It is suggested that conditions 2.1 – 2.6 should remain.

Report: (General Manager Design Services Division - R. Chapman) The representations made with regard to Conditions 2.1 to 2.6 all relate to access off Lucky Road an unmaintained road reserve on council’s Road Register.



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CONDITION 2.1 (Access Construction) This condition is required regardless of which road access is approved. The condition should remain. CONDITION 2.2, 2.3, 2.4, 2.5 and 2.6 (Lucky Road Access and Upgrading) council’s Town Planner put forward the case for upgrading of Lucky Road in the original report. Further comments from an Engineering perspective show that the property fronts both Hillview Road which is 6.3 metre wide sealed road included in the list of roads to be upgraded in the policy and Lucky Road which is an unmaintained road of poor standard being merely a track up a steep hill of approximately 15% grade in places. The proposed house site on Lot 17, selected because of the excellent views, is shown with a 10 metre setback to Lucky Road. Although the accesses to each lot have been nominated off Hillview Road it is only natural for the owners of proposed Lot 17 to access the house off Lucky Road rather than meander up through this lot at very steep grades also. There are already two other houses with access of Lucky Road. Access sight distances on Hillview Road would meet council’s published requirements. Upgrading of Lucky Road would also require its intersection with East Deep Creek Road to be reconstructed to meet design standards as per Austroads Design Guidelines Part 5, Intersections at Grade. If the adjoining owners who have a similar development approval under DA16450 were to combine efforts the requirements as conditioned would not be that onerous, particularly considering the attractiveness of the house sites to be created by the subdivision. The conditions should remain. P36/07/09 Moved: Cr L.J. Friske Seconded: Cr A.J. Perrett Recommend that in relation to Development Application 2008-0742 for Reconfiguring a Lot – Subdivision to create Three (3) additional lots over Lot 2 RP213684, located at 15 Hillview Road, Cedar Pocket, council not issue a Negotiated Decision Notice.” A request to change the approval to extend the currency period and to delete conditions 1.2, 2.2, 2.4 and 2.6 have recently been lodged.



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2. REPORT

FILE NO: 2008-0742 APPLICANT: L. Munday RPD: Lot 2 RP213684 SITE ADDRESS: 15 Hillview Road, Cedar Pocket CURRENT USE OF LAND: Dwelling

PROPOSAL: Reconfiguring a Lot –Subdivision to Create One (1) Additional Lot

EXISTING ZONE: Rural Residential



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2.1 INTRODUCTION A request to extend the relevant period (i.e. currency) of the approval and to delete conditions 1.2, 2.2, 2.4, 2.5 and 2.6 was submitted on 6 May 2013. The expiry date of the approval was 10 June 2013, however in accordance with the Sustainable Planning Act 2009 the approval remains current until this request is decided. 2.2 REQUEST An extension of the permit is requested. The Applicant wishes to extend their permit lapse date by a further two (2) years until 10 June 2015 as the property has changed ownership. This is the first extension that the has been requested. There is no evidence on file that any further conditions have been complied with to date. It is considered that the proposal is not in conflict with council’s current approaches or intentions for the area as the site remains zoned Rural Residential and the approved lot sizes accord with the Gympie Regional Council 2013 planning scheme. It has been standard practice to grant an extension of 2 years for the first extension applied which would extend the life of the approval to 10 June 2015. In addition to an extension of time the Applicant has requested conditions 1.2, 2.2, 2.4, 2.5 and 2.6 to be deleted on the basis that similar conditions from 2009-0764 Smith were overturned by Court Appeal (No. 89 of 2010 (Maroochydore). Conditions 1.2, 2.2, 2.4, 2.5 and 2.6 all relate to accesses and upgrading of Lucky Road which is to the rear of the development site. 2.3 ASSESSMENT

The development application relied upon as a comparison and to warrant the deletion of the above conditions is approval 2009-0764 Smith. The application sought approval for three (3) rural residential lots with access easements at 31 Parkland Drive, Chatsworth.



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The application to subdivide 31 Parkland Drive, Chatsworth to create three (3) lots (2009-0764 Smith) was originally refused at the Planning



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& Development Committee Meeting on 3 March 2010 for the following reasons: “1. The proposal is in conflict with the Cooloola Shire Council

Planning Scheme 2005. 2. The proposal in its current form will result in an undesirable

development pattern along Parkland Drive, with the creation of multiple access easements/hatchet handles, to service lots which are potentially able to command constructed road frontage in their own right.

3. Rawlins Road is currently not constructed to a sufficient standard

to service the development in accordance with Planning Scheme requirements.

4. The development is not in a location that results in the timely and

cost efficient provision of road infrastructure. 5. Road upgrading required to be undertaken along Rawlins Road in

order to comply with the standards nominated in the Planning Scheme, would at this stage prove to be cost-prohibitive and an unreasonable imposition on the proposed small-scale development.”

The original proposal nominated both new lots gaining access to road frontage through an access easement from Parkland Drive. However, the lots also had access to road frontage to the unconstructed Rawlins Road. The most appropriate house sites were considered closer to Rawlins Road where they would have had direct access to a road without the need of using or maintaining an access easement. Rawlins Road upgrading to facilitate this was not considered a reasonable imposition on the development. Through the appeal process for 2009-0764 Smith, council agreed to not include specific conditions relating to access being taken through Rawlands Road, monetary contributions for the upgrade of Rawlands Road or to complete construction works on Rawlands Road. Additionally, the Applicant negotiated approval of an amended layout to create only one (1) additional lot having an access handle as opposed to an access easement directly off Parkland Drive. On this basis the previously considered road upgrading of Rawlins Road was not considered required.



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In comparison and as discussed previously in this report, approval of 2008-0742 nominated the proposed accesses to each lot to be off Hillview Road, however, it was considered likely that the owners of proposed Lot 17 would more practically access a future house off Lucky Road rather than meander up through the lot at very steep grades. The Applicant themselves nominated the house site to be close to Lucky Road and this is considered the most likely house site. In addition, there are already two (2) houses on nearby allotments with accesses off Lucky Road. If the adjoining landowners who have a similar development approved under DA16450 were to combine efforts the requirements as conditioned would not be that onerous, particularly considering the attractiveness of the house sites to be created by the subdivision. It is considered that the Parkland Drive example is different to this approval and does not justify council deleting the requirements to upgrade Lucky Road. 3. BUDGET IMPLICATIONS

Nil.

4. POLICY IMPLICATIONS Nil

5. CONSULTATION 5.1 Internal (c) Engineering Directorate Comments have been included previously in this report. 5.2 External The proposed development was not required to be referred to any concurrence agencies at the time the reconfiguring a lot application was submitted.

6. CONCLUSION A request to extend the currency of an existing subdivision approval has been made. Given it is the first extension applied for it is considered reasonable to grant an extension of 2 years until 10 June 2015.



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In addition to an extension of time the Applicant has requested conditions 1.2, 2.2, 2.4, 2.5 and 2.6 to be deleted based on a previously approved subdivision at Chatsworth. Through comparison of each of the approvals it is considered that the developments are significantly different and deleting of conditions 1.2, 2.2, 2.4, 2.5 and 2.6 is not considered warranted. 7. ATTACHMENTS: Nil

M27/07/13 Moved: Cr I.T. Petersen Seconded: Cr L.J. Friske

That in relation to the request to change existing approval (2008-0742) for Reconfiguring a Lot – Subdivision to create One (1) Additional Lot over Lot 2 RP213684 located at 15 Hillview Road, Cedar Pocket council:

(i) Approve an extension of the currency period for two (2) years;

(ii) Not agree to deleting conditions 1.2, 2.2, 2.4, 2.5 and 2.6.

Carried



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5/5 Request to Change Existing Approval for Reconfiguring a Lot – 5

Subdivision to Create 119 Additional Lots over Lot 8 SP203944 at Corella Road, Gympie for R. Heilbronn PORTFOLIO: Planning and Development


AUTHOR: Manager Development and Compliance DOC ID: DA08091


Operational Plan – Program 2 – Economic Development,

2.3.2 Development Assessment and Applications

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Development approval for a subdivision to reconfigure the subject land into 125 lots (119 additional lots) was originally approved over this site on 20 July 2004. A copy of the approved plan follows.



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2. REPORT

FILE NO: DA08091 APPLICANT: R. Heilbronn RPD: Lot 8 SP203944 SITE ADDRESS: Corella Road, Gympie CURRENT USE OF LAND: Residential & Vacant PROPOSAL: Reconfiguring a Lot –Subdivision to

Create 119 Additional Lots EXISTING ZONE: Residential Living and part Limited

Development (Constrained Land) (2013 GRC Planning Scheme)



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2.1 INTRODUCTION A request to extend the relevant period (i.e. currency) of the approval has been submitted. Operational works (DA10367) was lodged within 2 years (ie 23 November 2004) of the reconfiguring a lot application being approved, therefore the currency period for DA08091 rolled over with the Operational Works approval (issued 21 July 2006) until 21 July 2010. The first and only request to extend the approval was granted in July 2010, until 21 July 2012. A written request to extend the currency period was submitted prior to this date, however the application fee wasn’t paid for until September. The approval remains current until this request is decided. The developer completed the first stage (12 lots) of the estate in June 2007. 2.2 REQUEST An extension of the permit is requested for a further three (3) years (ie until 21 July 2015), due to the decline in the financial market. 2.3 ASSESSMENT

The application was originally lodged in 2004 under the 1997 Cooloola Planning Scheme, where the site was included in the Housing zone, so the approval is approaching 10 years old. Contributions levied on the subdivision remain as originally conditioned and are as follows: Parks - $656/lot Water - $3 105/lot Sewerage - $5 125/lot Intersections - $250/lot Upgrading of Wadell Road - ~$76/lot (total $9 120) Footpaths and Cycleways $420/lot (total $50 000)

TOTAL ~$9 632/lot It is noted that the parks and Wadell Road upgrading (ie $9 120) were fully paid by the developer for the entire estate in 2004 and 2005 respectively. Under council’s new Infrastructure Charges Resolution contributions for a new residential lot are $16 000/lot.



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Previous practice has been to offer no objections to the first extension of time, however updated contributions have been negotiated in conjunction with subsequent requests. In addition to the outdated contributions levied on the approval the original development approval appears overly generous in not requiring any upgrading of the Corella Road or Wadell Road frontages and only a ~$9 000 contribution charged towards future upgrading of Wadell Road. There are no calculations recorded on the file that indicate how this amount was arrived at. Council has approved the allocation of funds in its 2013/14 Capital Works program for roads towards widening and re-alignment of Corella Road, however no kerb and channel is provided for in this. Should a fresh application for this development be assessed today conditions would be recommended requiring: (i) 1 metre road widening, including installation of kerb and channel

and underground drainage for the Corella Road frontage between Fairway Drive and Wadell Road;

(ii) 1.5 metre road widening, including installation of kerb and channel and underground drainage for the Wadell Road sealed northern frongage; and

(iii) construction of a half width residential road, including kerb and channel and underground drainage along the Wadell Road gravel, north-western frontage.

The current estimated value of these works respectively is: (i) $57 882 (ii) $74 658 (iii) $121 161 TOTAL = $253 701 If allocated proportionally to the remaining 112 lots, the contribution is $2 265 per lot. Given the age of the approval it is considered reasonable to now negotiate amended conditions with the developer, based on the previous comments, before agreeing to an extension of the currency period. 3. BUDGET IMPLICATIONS

Should council not impose the road frontage works on this development, allocations will need to be made in council’s future budgets for the work.



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Additionally, current infrastructure contributions levied on the development are well below the real cost of contributions for these trunk items.

4. POLICY IMPLICATIONS The development approval is some ten (10) years old and doesn’t accord with council’s current infrastructure charging arrangements. Additionally, the development does not comply with council’s Policy in regards to the expected development standards for the site’s frontages.

5. CONSULTATION 5.1 Internal (d) Engineering Directorate

Comments have been incorporated into the report. 5.2 External The proposed development was not required to be referred to any concurrence agencies at the time the reconfiguring a lot application was submitted.

6. CONCLUSION A request to extend the currency of an existing subdivision approval for three (3) years has been made. The approval is almost ten (10) years old and it is considered reasonable for council to request amendments to the conditions on the approval prior to agreeing to the extension. The amendments include updating of infrastructure contributions to current day amounts and increasing the contribution originally levied towards upgrading of the unsealed section of Wadell Road to include all of the Wadell Road frontage and the Corella Road frontage.

7. ATTACHMENTS: Nil.



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M28/07/13 Moved: Cr I.T. Petersen Seconded: Cr M.A. McDonald

That in relation to a request to extend the currency period of an existing development approval (DA08091) for Reconfiguring a Lot – Subdivision to Create 119 Additional Lots, council, as Assessment Manager, advise the applicant that subject to their agreement to amendment of the conditions of approval as follows the request for a three (3) year extension will be agreed to: (i) conditions 6, 16, 17, 18 to be deleted;

(ii) new condition 6 to read:

‘Infrastructure charges are payable per additional lot as follows:

Type of Lot Location Current

Amount Residential Gympie $16 000

but will be subject to indexation annually on 1 July.

Note: A credit of $656 per lot will be applied based on the

previous payment made on 31 August 2004 towards parks. (iii) condition 19 to be amended to read: ‘A contribution, currently assessed at $253 701, based on

$2 265 per additional lot (ie 107 lot remaining to be developed), is to be paid toward upgrading of the Corella and Wadell Road frontages of the development site. Such amount will be subject to indexation annually on 1 July.

Note: A credit of $9 120 will be applied based on the previous payment made on 10 February 2005.’

Should agreement from the applicant not be received within (two) 2 months from the date of the letter to be sent, the applicant is to be advised that the request for an extension of time is refused and a fresh application required to proceed with the development.

Carried



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5/6 Discussion Paper: Infrastructure Planning and Charging Framework

Review PORTFOLIO: Planning & Development DIRECTORATE: Planning & Development AUTHOR: Manager Planning Strategy & Major Projects, K.M. Toomey DOC ID: 1645966 LINK TO CORPORATE PLAN: 1. INFRASTRUCTURE 1.1 Planned Infrastructure that meets the needs of the community 2. ECONOMIC DEVELOPMENT 2.3 Planned development for a growing community 1. BACKGROUND The following Media release was published by The Hon. Jeff Seeney MP, Deputy Premier and Minister for State Development, Infrastructure and Planning on 3 July 2013. Infrastructure charges reform The State Government has released a discussion paper outlining options for the reform of the funding framework for local government infrastructure. Deputy Premier and Minister for State Development, Infrastructure and Planning Jeff Seeney said the discussion paper presented a set of reform options developed from feedback received from key local government and development industry representatives who had participated in recent workshop sessions. “We are identifying the reforms necessary to deliver a framework to support sustainable local governments and a prosperous property development and construction industry,” Mr Seeney said. “This review of the infrastructure funding framework supports the government’s broader planning and development assessment system reforms, including the introduction of a single State Planning Policy and the State Assessment and Referral Agency. The current infrastructure framework was introduced by the previous government in July 2011, but local governments and the development



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industry have asked for a clearer and more certain approach to certain issues. Improving the consistency and transparency of the framework will support better project feasibility analysis and give the development industry confidence when planning for projects. The reforms are also focused on supporting the long-term sustainability of local governments by providing a cost-effective and administratively efficient framework. The department will now work with interested parties to carry out a more detailed analysis of the capped charges in parallel to implementing other framework reforms. The discussion paper includes feedback from the seven workshops my department held between February and May. The stakeholder working group included representatives from the Local Government Association of Queensland, the Brisbane, Gold Coast and Townsville city councils, Urban Development Institute of Australia, Property Council of Australia, the Shopping Centre Council of Australia, and the Queensland Environmental Law Association, among others. Following the public consultation, my department will work with stakeholders to develop a preferred set of reform options to be presented for government approval in late 2013, with a view to having the new infrastructure charges framework in place from 1 July 2014.” The discussion paper looks at the infrastructure networks delivered by local governments and considered essential to support development, including water supply, wastewater, stormwater drainage, local transport, public parks and land for community facilities. The paper presents options for three areas of the framework: • Framework fundamentals – infrastructure scope, identification of

trunk and non-trunk infrastructure and infrastructure planning • Charges mechanisms – planned and capped charging

mechanisms, and • Framework elements – supporting elements of the framework,

including: conditions, offsets, refunds, credits, infrastructure agreements, dispute resolution and deferred payment of charges.

The public consultation runs from early July until 9 August.



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Further background information on the history of the framework for infrastructure charging in Queensland is able to found in section 2.2.1 of the attachment. 2. REPORT As part of the Government’s ongoing commitment to reforming the planning and development system within Queensland, the discussion paper: Infrastructure Planning and Charging Framework Review was released for public comment on 28 June, 2013. The discussion paper essentially presents a range of options for potential reforms to three areas of the framework:

• Framework fundamentals, including infrastructure scope, identification of trunk and non-trunk infrastructure and infrastructure planning;

• Charges mechanisms, including planned and capped charging mechanisms; and

• Framework elements, including supporting elements of the framework, including conditions, offsets, refunds, credits, infrastructure agreements, dispute resolution and deferred payment of charges.

The discussion paper outlines options for the reform of the funding framework for local government infrastructure and has been developed based on feedback gained from key stakeholder workshops held earlier this year. The stakeholder working group is comprised of the following representatives from local government and industry bodies:

• Local Government Association of Queensland • Brisbane City Council • Gold Coast City Council • Townsville City Council • Urban Development Institute of Australia • Council of Mayors (SEQ) • Property Council of Australia • Planning Institute of Australia • Queensland Master Builders Association • Housing Industry Association • Shopping Centre Council of Australia • Queensland Environmental Law Association

It is worth noting that the selected local government representatives are all large, high-growth councils, likely to be focused on managing or limiting growth in certain scenarios. No small to mid-sized regional councils have been included, which are more likely to be focused on attracting growth within the development sector.



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Submissions are encouraged to focus on:

• The impacts (financial, administrative, time) of proposed reform options outlined in the discussion paper;

• Alternative reform options or solutions; and • Evidence to support the existence of identified problems.

A series of questions are posed throughout the discussion paper, which have been reproduced below, along with recommended responses. The table is intended to form the basis of the submission.

Discussion Paper “Have Your Say” Questionnaire Question Response

Infrastructure Scope General

Do you support the removal of items from infrastructure scope that do not have a clear nexus with a development site?

Yes

What infrastructure items would you include/remove from the example essential infrastructure list (Appendix 4)?

The example essential infrastructure list (Appendix 4) includes:

• Water supply • Sewerage • Stormwater (no worsening

scenario only) • Transport (excluding State-

controlled roads) • Serviced land for parks and

community facilities (at a standard of no more than 2ha per 1,000 people and no embellishments).

The list is considered to be appropriate.

Local authority focus What impacts do you believe the tightening of infrastructure scope will have on your local authority’s operations and activities?

Minimal impact. GRC’s infrastructure charges resolution currently sets affordable charging rates, which are approximately 50% of the capped maximum under the SPRP. The exception being community uses, such as hospitals and schools, which respond to population growth rather than generate it. The current charging regime is



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apportioned between water, sewerage, road and parks infrastructure, depending on the use and availability of service areas.

What will likely be the approach to the delivery of infrastructure no longer covered by the essential infrastructure list?

Infrastructure not covered by the essential infrastructure list, is considered to benefit the community as a whole, rather than individual developments. Capital works would need to continue to be funded through local government budget bids and federal and state government subsidies, based on priority.

Identification of trunk and non-trunk infrastructure General

Do you support the development of a ‘test-based’ approach to support the identification of trunk and non-trunk infrastructure?

Yes.

What do you consider the implications of identifying trunk infrastructure using this approach will be?

Nil. The PIP in council’s planning scheme applies a similar methodology.

Would you support the introduction of a standardised minimum specification for trunk infrastructure (e.g. minimum pipe diameter for trunk water reticulation)?

Yes. Standardised minimum specifications for trunk infrastructure would provide certainty for both local government and the development industry and would result in increased clarity and consistency across the State.

Infrastructure Planning General

Do you support increased standardisation of the infrastructure planning process through: 1. a standard methodology for apportioning costs 2. standard schedule of works model 3. standard demand generation rates?

Yes. Standardisation of the infrastructure planning process would result in increased clarity and consistency for local government and the development industry across the State.

Of the options presented in the paper, which standard apportionment methodology do

Average cost methodology, which equally apportions the total cost of infrastructure across all of its



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you prefer? Why? users (both existing and future). This is considered to be the most equitable arrangement.

Do you support the introduction of a third party review process for infrastructure plans (LGIP and Netserv Plans)?

Yes.

Local authority focus What do you consider the impacts of a standardised infrastructure planning process would be on the time and resources required to undertake infrastructure planning?

Minimal impact.

Should the standardised infrastructure planning approach apply to both Netserv Plan and LGIPs?

Yes.

Capped charges Charge differentiation

Do you support the differentiation of infrastructure charges (either by location or infill/Greenfield development)?

Yes.

If yes, what advantages do you consider the differentiation of infrastructure charges would provide?

Infill development is generally more efficient to service with utilisation/augmentation of existing capacity within infrastructure networks, including parks, etc., rather than greenfield development, which triggers a need to provide new and additional infrastructure.

Refinement of charge categories Do you support the proposed refinement categories?

The proposed refinements relate to more equitable charges for dormitory-style accommodation, retirement facilities, warehouses and residential care facilties, which are currently considered to overstate the actual demand rates. Education facilities are also suggested to refine charging rates based on student numbers, rather than GFA. All of these refinements are considered appropriate, with the exception of schools, which should incur no infrastructure charges as they



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respond to population growth rather than generate it. Hospitals and emergency services should also be included in the ‘nil charge’ category on the same basis.

What charge do you consider would be appropriate for each of the listed use types?

Refer above.

Planned charges General

What is your view on the use of two separate impact assessments to determine the appropriateness of a planned charge?

Overly complicated. Planned charges are problematic, given they are likely to be significantly higher than any capped charge and in turn will result in a decrease in development activity.

What viable and practical alternative methodologies do you consider appropriate to test the appropriateness of a planned charge?

See above.

Does your organisation consider an appeals process appropriate? If so, why, for what issues and what would the process look like?

Yes. In circumstances where a planned charge applies, applicant’s should be given the opportunity to challenge the charge.

Should a local authority be able to apply planned charges to particular locations within a local government area, with capped charges applying to remaining locations?

No. If a particular location within a local government area is to be provided with an increased standard of infrastructure, than options such as benefitted rates applying to the location should be utilised.

Conditions General

What impacts do you consider the proposed option would have for you (your organisations)?

Status quo is the preferred option.

Local authority focus Do you have any current mechanisms that are used to determine unplanned (i.e. mapped) infrastructure to qualify as trunk or non-trunk for the purposes of setting conditions?

Development standards established in planning scheme policy.

Could you envisage that such criteria would reduce the amount of negotiation currently

Yes.



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undertaken to resolve disputes of this nature? Could you estimate the number of applications received where the identification of infrastructure which is trunk or non-trunk was unclear?

Nil, in the last five years.

What other impacts do you believe the proposed options would have on local authority operations and activity?

The deemed trunk principles option has the potential to have budget implications for council.

Development industry focus Do you believe the proposed option would increase or decrease the cost impact of conditions?

Not Applicable

Would proposed changes provide increased certainty?

Not Applicable

Offsets and refunds General

Do you support reform of the current offsets and refunds arrangement?

No. The current system of applying credits is considered to be straight-forward and transparent to administer and results in fair and equitable outcomes.

Local authority focus What do you believe would be the scale of financial impact on local authorities associated with a mandated offsets and refunds policy?

See above.

What other impacts do you believe the reforms to offset and refunds calculation would have on local authorities’ operations and activities?

See above.

Development industry focus What do you believe would be the scale of financial impact associated with any of the options outlined for reform of offsets and refunds arrangements?

Not applicable

What impacts do you believe proposed options for reform of offsets and refund arrangements would have on development activity?

Not applicable



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Land valuation methodology Do you support the introduction of a standardised land valuation methodology?

No. Unnecessarily complicated.

If yes, what parameters do you consider should be applied?

Credits General

Do you support the introduction of a mandatory crediting methodology for local infrastructure charges?

Yes.

What impacts do you consider the proposed mandatory crediting process would have for you (your organisation)?

Very minimal, if any. Council currently embraces a system of applying credits and it is considered to be straight-forward and transparent to administer and results in fair and equitable outcomes.

Local authority focus What do you anticipate would be the time and resourcing requirements for a mandatory crediting methodology?

Very minimal, if any. Council currently embraces a system of applying credits and it is considered to be straight-forward and transparent to administer and results in fair and equitable outcomes.

Development industry focus How would the establishment of a register for the collation of credits affect you (your organisation) in preparation of development applications and planning?

Not applicable

Appeals and dispute resolution General

Do you support the introduction of a Planning and Environment Court led mediation process prior to the lodgment of an appeal with the Court?

Yes.

What time and cost impacts would a Planning and Environment Court led mediation process prior to lodgments of an appeal be likely to have on your (your organisation’s) dispute resolution

Difficult to quantify, although mediation is generally more cost effective and timely than the formal appeal process.



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cost? Infrastructure agreements

General Do you consider that infrastructure agreements negotiation would be enhanced by the establishment of a time limit for negotiation?

Yes.

Would the development of guidelines support your organisation’s use of infrastructure agreements? What guidance information should be included?

Yes.

What impacts do you believe reforming infrastructure agreements would have on development activities?

Nil.

Deferred payments General

Do you support the introduction of a deferred payment mechanism?

No.

Local authority focus Would you introduce a deferred payment mechanism?

No.

What do you anticipate would be the time and resourcing requirements to implement a deferred payment mechanism?

Significant. An increased administrative burden would be placed on council, in both the short and longer term to ensure full payment is received upon settlement of land. Monitoring timing and ensuring payment without the leverage of releasing the survey plan, would be problematic from a compliance perspective.

Are there any issues with mandating the payment of charges at plan sealing and no earlier unless otherwise agreed?

No. This arrangement is currently in place and is considered the easiest method of ensuring payment occurs prior to the release of the survey plan.

Development industry focus Do you anticipate any benefits from the deferral of infrastructure charges payment?

Not applicable

Alternative funding and financing General

Do you support the proposed Yes. Alternative funding and



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position outlined above in relation to alternative funding and financing mechanisms?

financing mechanisms, including specific purpose securitised borrowing, value capture and special purpose levies, growth area bonds, business improvement districts and centralised financing, may be appropriate in some location specific circumstances, however should remain optional and not form part of the broader framework.

Resolutions and distributor-retailer board decisions General

Would you support the introduction of a third party review/endorsement process for resolutions and board decisions to ensure compliance with the relevant provisions of SPA?

Yes. Council currently has an adopted infrastructure charges resolution. A third party review/endorsement process of proposed resolutions would simply provide a checking-mechanism to ensure that the relevant provisions of SPA were complied with and therefore charging arrangements were legal.

If you do not support the introduction of a third party review/endorsement process, do you have an alternative suggestion?

Transitional arrangements General

What are the key framework issues to be addressed through transitional arrangements?

To be determined by others.

What time period is required to support full transition to the new framework?

To be determined by others.



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3. BUDGET IMPLICATIONS The provision of infrastructure is funded through a variety of mechanisms, including development contributions, general rates revenue and levies and State and Federal Government grants and subsidies. Whilst it is considered reasonable and relevant that the residential, commercial, industrial and retail sectors should contribute towards necessary augmentation of the trunk infrastructure network and provide non-trunk infrastructure with an identifiable nexus with the specific development, it is considered both impractical and inappropriate to apply a total cost recovery infrastructure charging mechanism when the community as a whole benefits from growth. The reintroduction of previously reduced State and Federal infrastructure subsidies would benefit both local government and the development industry, however this option has not been given consideration throughout the discussion paper. 4. POLICY IMPLICATIONS Council recently adopted an Infrastructure Charges Resolution, which took effect on 1 July 2013, in conjunction with the new planning scheme. The resolution included charges that were set at 50% of the State’s cap established in the relevant State Planning Regulatory Provision for commercial/industrial/retail development, charges for residential development essentially the same as those existing under the previous charging arrangements, and a lesser (or no) charge to apply to particular community uses/facilities, including hospitals and schools, required in response to population growth. Council’s decision to adopt the charge rates as outlined above is considered to remain a balanced and appropriate response to infrastructure charging, with regards to encouraging growth and economic development within the region and responsible financial management. 5. CONSULTATION The Director Planning and Development and Manager Planning Strategy and Major Projects will be attending a consultation session in Brisbane on 28 July, 2013, with State, local government and industry representatives. Council will be briefed at the Ordinary Meeting, should any additional information become apparent at the session. The formal consultation period concludes on 9 August 2013, with a view to having the new infrastructure charges framework approved by the government and in place by 1 July 2014.



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6. CONCLUSION Council’s current adopted Infrastructure Charges Resolution is considered to remain a balanced and appropriate response to infrastructure charging. Along with the responses contained in the table above, a copy of the resolution is recommended to be attached to the submission, as an example of a practical option for encouraging growth and economic development within the region and maintaining responsible financial management. 7. ATTACHMENTS: ATTACHMENT 1 - Discussion Paper: Infrastructure Planning and Charging Framework Review - 28 June 2013

M29/07/13 Moved: Cr I.T. Petersen Seconded: Cr M.A. McDonald That council authorise the Director Planning and Development to lodge a submission with the Department of State Development, Infrastructure and Planning, based on the content outlined within this report.

Carried



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SECTION 6: SOCIAL WELLBEING 6/1 Regional Arts Development Fund

PORTFOLIO: Social Wellbeing DIRECTORATE: Corporate and Community Services AUTHOR: Community Development Officer DOC ID: 1600335 LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 5.4 A valued heritage and creative community Operational Plan: 5.4.2 Arts and Culture, Administer the RADF program

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Arts Queensland provides funding to Queensland councils under an annual Regional Arts Development Fund (RADF) Funding Agreement to administer the RADF Program in accordance with the RADF Guidelines. The funding agreement requires that “once the RADF Committee has reached agreement on which grant applications should be recommended and for what level of funding, the RADF Liaison Officer will present the recommendations to council for ratification.” Council agreed to ratify the 2012/2013 RADF Committee decisions on an annual basis. M06/12/12 Moved: Cr M.A. McDonald Seconded: Cr A.J. Perrett That Council authorise the RADF Committee to determine RADF grants in accordance with the funding available and provide a report to Council on an annual basis for ratification prior to lodging the required RADF Annual Report with Arts Queensland. Carried The guidelines further state that council is responsible for the establishment of a committee to oversee the programs and as such Council is required to endorse the appointment of the RADF committee following their Annual General Meeting (AGM).



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Council is asked to ratify the 2012/13 RADF Committee decisions, endorse the appointment of the 2013/14 Committee and consider agreeing to ratify the 2013/14 recommendations on an annual basis. 2. REPORT Ratification of funding provided in 2012/2013 In accordance with Schedule 1 of the 2012/13 RADF Funding Agreement, the Gympie Regional Council RADF Committee had an allocation of $54,401 to administer for 2012/13. There was a further $6,000 available in unexpended funding from previous years, a total of $60,401. The RADF Committee advises that three (3) ordinary rounds of funding were held and four (4) quick response applications submitted. A total of twenty one (21) applications were received of which eighteen (18) received funding. All applications were assessed by the RADF Committee ensuring compliance with council policy and procedures and Arts Queensland RADF criteria. The total amount of funding approved for RADF in 2012/2013 is $59,828. Council is asked to endorse the RADF Committee decisions in funding the following projects:

Round Applicant RADF

Category Description Amount

Quick Response

Gympie and District Woodworkers Club Inc

Building Community Cultural Capacity

To coordinate a workshop on the proficient use of a Scroll Saw.

$ 810

Miss McKeely Makin

Developing Regional Skills

To attend MADD (Music Art Dance & Drama) Camp in 2012, run by Artslink.

$ 629

Ms Inthu Suresh


To attend Griffith University Queensland Young Conservatorium.

$ 4,000

Mr Shawn Jarvey


To attend Value Based Language workshop hosted by Youth Arts Queensland.

$ 250

Round 1 Mrs Peggy Howe


To hold a workshop to develop the skills of potential and developing artists in Cooloola Coast area.

$ 1,950



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Gympie and District Show Society

Contemporary Collections / Stories

To employ 2 curators for a community exhibition at the Gympie Regional Gallery, to celebrate the 125th Gympie Show.

$ 6,806

Interact Youth Theatre


To invite an accredited Theatre Sports practitioner to visit Gympie to initiate Theatre Sports and stimulate the performing arts in the Gympie region.

$ 6,772

Queensland Rural Women's Network (QRWN)


To offer QRWN members an opportunity to extend knowledge and grow capacity in collating, storage and sharing archival material.

$ 2,700

Round 2 Curra Art Group


To hold a workshop with artist Richard Rogers to benefit the community of Curra.

$ 2,198

Mrs Sue Flower


To help towards payment of a conductor and professional performers for a concert and mandolin workshop.

$ 3,065

Creative Unlimited


To conduct a series of workshops aimed at developing the marketing & media skills of the Gympie region art & craft workers titled "Create it, Love it, Expand it".

$ 1,580

Friends of the Gallery Thursday PM Art Group


To employ a professional artist to conduct a 2 day acrylic paint workshop in the genre of seascapes.

$ 1,120

CoolArts Gympie

Cultural Tourism

To create life-size, artistic rendering of part of the Mary River, live performances and giant video projections.

$ 7,200

Round 3 Mary Valley Arts Link


To employ professional arts workers to deliver a series of workshops highlighting place making concepts.

$ 10,091



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Woolooga State School P&C Association


To develop workshops to teach 3 dimensional art at Woolooga State School's afterschool club in celebration of 100 years of education at the school.

$ 2,085

Motoyuki Niwa


To coordinate workshops of 3D prototypes and product development for sculptures, cultivating creative industries with micro business in the region.

$ 5,332

Ms Cecile Steenbergen

Cultural Tourism

To develop workshops for 3D artwork from Cat's Claw vine by teaching weaving, textile skills and sculptural form.

$ 1,200

Ms Pat Cale Concept Development

To develop “Lost in Sound” creating a prototype for an interdisciplinary installation (Stage 1).

$ 2,040

Annual General Meeting (AGM) The Gympie Regional Council RADF Committee held an AGM on 18 June 2013. Nominations were received from community members prior to the meeting. All nominees were requested to specify their area of interest. The following applicants were elected: Continuing Committee Members: Cr Rae Gâté (Chairman) Regional & Community Arts & Cultural Development Barbara Hart Visual Arts, Print Making, Textiles Kym Barrett Visual Arts, Educator Dr Rae Norris Heritage, Multicultural, Crafts Kerri Eaton Music & Theatre Heinke Butt Visual Arts, Music, Community Cultural Development, Performance, Festivals Tony Kishawi Theatre, Festivals, Community Cultural Development, Multimedia Sandra Ross Visual Arts, Craft, Design, Educator New Committee Members Motoyuki Niwa Visual Arts, Music, Community Cultural Development Kaye Kelly Music Advisor Joolie Gibbs Gympie Regional Gallery



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Council is asked to endorse the RADF Committee for 2013/14. 2013/2014 Funding Allocation Gympie Regional Council has successfully submitted an Annual Bid for 2013/2014 to deliver arts and cultural activities pursuant to the RADF Program in its local government area, making a total of $50,000 RADF funding available to administer through formal funding rounds and quick response grants. It is the responsibility of the council appointed RADF Liaison Officer and council appointed Chair of the RADF committee to ensure that all funded projects meet the guidelines imposed by RADF, are in line with council’s Arts and Cultural policy and do not conflict with any other council business. It is the responsibility of the full council to ratify decisions made by the committee. To expedite the process it is requested that council gives consideration to again authorising the RADF Committee to determine RADF grants in accordance with the funding available and provide a report to council on an annual basis for ratification prior to lodging the required RADF Annual Report with Arts Queensland. 3. BUDGET IMPLICATIONS The RADF Committee can only determine grants to the level of funding allocated in council budget ensuring no adverse effect on the budget. 4. POLICY IMPLICATIONS This activity supports council’s Arts and Culture Policy. 5. CONSULTATION Manager Community Services and Facilities 6. CONCLUSION As per minute number M06/12/12, RADF funding granted in the 2012/2013 year is presented to council for ratification. All applications have been assessed by the RADF Committee ensuring compliance with council policy and procedures and Arts Queensland RADF criteria. Council is further asked to endorse the election of the RADF Committee for 2013/2014, and authorise this committee to determine RADF grants in accordance with the funding available and report to council on an annual basis.



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There is low level of corporate risk attached to this activity as it is compliant with RADF guidelines, Arts Queensland Funding Agreement and relevant council policy. 7. ATTACHMENTS: Nil

M30/07/13 Moved: Cr M.W. Curran Seconded: Cr W.W. Sachs That council:

1. Ratifies the RADF committee’s actions in funding the eighteen (18) listed projects in the 2012/2013 year; and

2. Endorses the election of the RADF Committee as listed for

2013/14 and authorises this committee to determine 2013/2014 RADF grants in accordance with the funding available and provide a report to council on an annual basis for ratification prior to lodging the required RADF Annual Report with Arts Queensland.

Carried



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SECTION 7: HEALTH & ENVIRONMENT



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SECTION 8: GOVERNANCE & ECONOMIC DEVELOPMENT 8/1 Summarised Budget Report as at 30 June 2013

PORTFOLIO: Governance and Economic Development DIRECTORATE: Corporate and Community Services AUTHOR: Director of Corporate and Community Services DOC ID: N/A LINK TO CORPORATE / OPERATIONAL PLAN: Key Outcome 3.4 – Council is maintaining responsible financial management. Council continues responsible budgeting and living within its means having regard to the current economic climate. Council continues to undertake long-term financial planning to ensure that it remains financially sustainable.

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council’s operations for the 2012/13 financial year as at 30 June 2013 are presented in a summarised budget report for council’s information and consideration. 2. REPORT The report indicates whether the operating revenue and operating expenditure, capital expenditure and debt repayments are in line with council’s budget estimates. In the case of extraordinary variances, comments are made which point out the reason for such variance. The report also includes interest received on council’s investments and the current position of rate collection with a comparative for the previous year. 3. BUDGET IMPLICATIONS Budget allocation set at the commencement of the budget year may change as a result of variances occurring throughout the year. Financial institution deposits at call and term deposits maturing in less than 12 months, which can be immediately accessed without penalty, are treated as cash equivalents. 4. POLICY IMPLICATIONS 5. CONSULTATION All Directorates



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6. CONCLUSION 7. ATTACHMENTS: ATTACHMENT 2 - Summarised Budget Report as at 30 June 2013.

M31/07/13 Moved: Cr M.A. McDonald Seconded: Cr R.A. Gâté That the information be received.

Carried



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8/2 Delegations Register Updates

PORTFOLIO: Governance and Economic Development DIRECTORATE: Corporate Governance AUTHOR: Manager Corporate & Customer Services DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Operational Plan Outcome 1.2 (ii)

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Following the introduction of the Local Government Act 2009 council is required to review the delegations register on an annual basis to reflect any changes. 2. REPORT King and Company Solicitors have been engaged by LGAQ to review the current Delegations Register in line with changes brought about by amendment to any relevant legislation. The Register has been prepared in accordance with the requirements of Section 257(1) of the Local Government Act 2009 for each power under the Local Government Act or another Act which may be delegated by council to the Chief Executive Officer and Section 259 of the Local Government Act for each power of the Chief Executive Officer which may be delegated by the Chief Executive Officer to an appropriately qualified employee or contractor of council. Section 257(4) of the Local Government Act 2009 requires that where a delegation to the Chief Executive Officer under subsection (1) must be reviewed annually by the local government. The document contains the quarterly updates required to Gympie Regional Council’s Delegations Register from council to the CEO containing the relevant legislation at the time of compilation by King and Co. Solicitors. It is noted that amendment of legislation is an ongoing process and as such the Delegations Register will need to be amended as and when changes in relevant State Legislation occurs. 3. BUDGET IMPLICATIONS Nil



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4. POLICY IMPLICATIONS 5. CONSULTATION Corporate Governance Directorate 6. CONCLUSION Accordingly it is noted pursuant to Section 260 of the Local Government Act 2009 provides that council’s CEO must establish a register of delegations that contains the particulars prescribed under a regulation and must record all delegations by council, the Mayor or the CEO in the register. The public may inspect the register for delegations. 7. ATTACHMENTS: ATTACHMENT 3 - Register of Delegations - Council to CEO

M32/07/13 Moved: Cr M.W. Curran Seconded: Cr R.A. Gâté That council delegates all powers referred to in the attached document, titled “Register of Delegations - Council to CEO” to the Chief Executive Officer of Council pursuant to Section 257 of the Local Government Act 2009.

Carried



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SECTION 9: INFRASTRUCTURE 9/1 Purchase of Asset Management Software

PORTFOLIO: Infrastructure DIRECTORATE: Engineering Services AUTHOR: General Manager Design Services DOC ID: NA LINK TO CORPORATE / OPERATIONAL PLAN: Corporate Plan: 1.3 Comprehensive Community and Corporate Asset Management

1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council’s existing Microsoft Access in-house asset management software system has reached its limits with regards to functionality. Council has budgeted for a replacement software system which will assist organisation-wide asset management practices and processes, provide a single asset data repository, and allow improved renewal forecasting and asset financial reporting. The software is required to allow council to more effectively manage its $1B worth of assets and to continue to meet the relevant requirements of the Local Government Act. A comprehensive procurement process for new asset management software has now been completed (under request for quotation number 2012/13-Q005) and council’s endorsement of the tender panel’s recommendation is sought. 2. REPORT The Asset Management Software System Evaluation Panel (AMSSEP) was formed prior to beginning the procurement process. Members were selected from a number of council areas including Finance Department and Information Technology. The AMSSEP met fortnightly to:

• develop a Procurement Plan including assessment criteria, and

• prepare and issue quotation documents including detailed software specifications

• carry out the evaluation of offers.



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The procurement process was managed through the Local Buy Vendor Panel process with assistance from Coordinator Procurement and Stores. Six suppliers were invited to provide a price for the supply and implementation of asset management software with five responding and one declining. Detailed assessment was performed were under the following broad criteria:

• relevant experience, key personnel, resources and system demonstration (15%)

• understanding of system requirements (35%) • implementation, training and support (10%) • price (40%).

Using these criteria, the five suppliers were shortlisted to two. These two suppliers were subject to a more detailed evaluation including formal clarification of a number of aspects of their tenders and a live demonstration attended by a cross-section of council staff. Reference checks were conducted with other councils currently using each system. Of the two short-listed products, the clear winner is the software system called ASSETIC produced by ACEAM Pty Ltd. A sensitivity analysis which excluded price and compared only non-price evaluation criteria supported the selection of ASSETIC. The evaluation panel has considered how the ASSETIC software will work with council’s existing finance system and is satisfied that the current monthly reconciliation process will be able to continue unchanged with the new software. 3. BUDGET IMPLICATIONS Funding of $265,000 has been budgeted for new asset management software in the 13/14 council budget. The purchase price of the ASSETIC software is $241,578 (including GST). This amount includes assistance with implementation and training. The remainder of the budget allocation will be required during the implementation period to allow the collection of better asset data and associated mobile computer technology. Following the end of a 12 month warranty period, the ASSETIC system has an annual maintenance fee of $18,200 per year. This will be required for 14/15 and beyond, indexed for CPI. 4. POLICY IMPLICATIONS Nil.



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5. CONSULTATION Consultation was undertaken with senior council staff plus managers and staff in IT, Fleet, Finance, Water and Sewer, Asset Management, Buildings and Parks. 6. CONCLUSION A lengthy and detailed evaluation process has been completed of potential Asset Management Software Systems. It is recommended that council proceeds to purchase the ASSETIC asset management software from ACEAM Pty Ltd with implementation to be completed over the 13/14 year. Implementation of the new system will be resourced primarily by council’s Asset Management team in Engineering Services, in liaison with other key staff throughout council. 7. ATTACHMENTS Nil.

M33/07/13 Moved: Cr L.J. Friske Seconded: Cr M.A. McDonald That council purchase the ASSETIC asset management software from ACEAM Pty Ltd for the amount of $241,578 (including GST) as offered under quotation number 2012/13-Q005.

Carried



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9/2 Flood Mitigation Study

PORTFOLIO: Infrastructure DIRECTORATE: Engineering Services AUTHOR: Director Engineering Services DOC ID: NA LINK TO CORPORATE / OPERATIONAL PLAN: 1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council resolved (M16/03/13) to undertake a study utilising 50% State funds to determine whether a business case exists to undertake civil works to mitigate the impact of flooding in the Gympie region. Part of the funding is being directed to a project being undertaken with the Chamber of Commerce to improve the information available to the business community as well as the public in general during a flood. The balance ($150,000 plus variations) is for a study of flood mitigation options. Aurecon Australia was engaged to carry out the Gympie Regional Flood Mitigation Study.

2. REPORT A Steering Committee comprising of:

The Mayor (GRC) CEO (GRC) Director of Engineering (GRC) Mr Garry Davison (Gympie Chamber of Commerce) Mr Allan Charteris (Aurecon)

has guided the study to its conclusion. The timeline has been tight, but sufficient, in order to capitalise on current funding opportunities through the state government. As part of the study, public consultation was carried out through face-to-face interviews with business owners, or through telephone discussions or written submissions. Contained within the study is a consultation report that outlines the comprehensive approach taken. The study has been undertaken considering flood issues across the region, and has completed assessments at the following locations, grouped broadly in to three districts:



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• Western district – Flood affected communities to the west of the Mary River: o Goomeri o Kilkivan o Widgee o Woolooga o Kandanga o Imbil

• Eastern district – flood affected communities on the Cooloola

coast: o Cooloola Cove o Rainbow Beach o Tin Can Bay

• Gympie – flood affected suburbs within Gympie

o Mary Street (CBD) o Commissioner Gully o Two Mile o Mount Pleasant o One Mile o Monkland and Glanmire o East Deep Creek o Southside

Three areas were selected for further detailed assessment to determine the cost-benefit of improved flood resilience. The locations selected were:

• Mary Street precinct • One Mile precinct • Monkland/Glanmire areas

The development of a series of conceptual flood mitigation options at each of these locations was undertaken and each option was subject to cost-benefit analysis assessing capital and lifetime costs relative to the improved flood resilience offered. The study recommends:

• the building of a Gympie CBD Flood Levee between the Bruce Highway and the Mary River south of Gympie, offering protection up to 22m on the Kidd Bridge Gauge and at a cost of $22.7 million; and

• construction of a new road link at Monkland Glanmire, from Penny Road to Hyland Road, and improvement works for Drummond Drive at a cost of $4.4 million providing access to a number of major employers in the area during a flood event.



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The flood levee would have prevented 46 of the 47 floods with peak waters greater than 14m since flood records began in 1870. Both recommendations result in a positive cost benefit ratio. The business case for these schemes is strong given that the public consultation phase determined that the cost to Gympie CBD businesses from the 2013 flood (19.98m) was $8 million. The options that were reviewed for Gympie included widening the river at Fisherman’s Pocket and four alternative levees across Nash’s Gully in Gympie. The Fisherman’s Pocket option was simply too expensive for its moderate (estimated 1.5 m) reduction of flood levels in the CBD. In relation to the levees, four sites were investigated, as follows:

• Memorial Park • Nelson Reserve • Bruce Highway • Touch football fields (Q20 height) • Touch football fields (Q30 height)

The touch football fields (Q30 height) levee gives immunity up to Smithfield Street and exceeds the height of the 1999 flood. It means that Mary Street will only be flooded, on average, three times every 100 years. It has the best benefit-cost ratio of all the options and successfully avoids compromising the city’s beautiful parks. This option does lead to the loss of the lower touch football fields and the Gem Club. These issues will need to be addressed, in terms of replacement facilities, by council when the project proceeds. Recommendations have been identified for the locations identified earlier in the report. Further work to develop these will need to be undertaken. In some instances, Main Roads will be the responsible body in which case council’s role will be to advocate the proposed upgrading of the relevant infrastructure.

3. BUDGET IMPLICATIONS $2,214,160 – if Monkland/Glanmire access application successful $3,500,000 – if CBD levee application successful 4. POLICY IMPLICATIONS

5. CONSULTATION Mayor, Cr R.J. Dyne CEO (GRC) Director of Engineering (GRC) Mr Garry Davison (Gympie Chamber of Commerce) Mr Allan Charteris (Aurecon)



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6. CONCLUSION Now that a study has been completed, council is in a very good position to commence discussions with both the state and federal governments regarding funding. The study by necessity is very quantitative and does not reflect the intangible social, economic, reputational and human impacts of flood events. 7. ATTACHMENTS Nil

M34/07/13 Moved: Cr M.W. Curran Seconded: Cr R.A. Gâté That council:

1. Adopts the Gympie Flood Mitigation Business Case - Mitigation Options Report (Aurecon 29/07/13).

2. Endorses the applications submitted 19 June 2013 for Queensland Disaster Mitigation and Resilience Funding 2013-14 as follows: • Monkland Glanmire access improvements

Funding sought $2,214,160 (exc GST) Council contribution $2,214,160 Total estimated project cost $4,428,320

• Gympie CBD Levee (Q30 height, at touch football fields) Funding sought $19,186,231 (exc GST) Council contribution $3,500,000 Total estimated project cost $22,686,231

3. Authorises staff to undertake further design investigations.

4. Authorises the Mayor to pursue funding opportunities for flood mitigation infrastructure with the state and federal government.

Carried

A DIVISION was called with the following results: FOR: Cr M.W. Curran, Cr R.A. Gâté, Cr W.W. Sachs, Cr M.A. McDonald, Cr L.J. Friske and Cr A.J. Perrett. AGAINST: Cr I.T. Petersen



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ADJOURNMENT OF MEETING The Meeting adjourned for morning tea at 10.00am. RESUMPTION OF MEETING The Meeting resumed at 10.15am.



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SECTION 10: MAJOR PROJECTS & BUSINESS ACTIVITIES 10/1 Civic Centre Redevelopment

PORTFOLIO: Major Projects and Business Activities DIRECTORATE: Corporate and Community Services AUTHOR: Manager Community Development and Facilities DOC ID: Council minute M53/11/12 LINK TO CORPORATE / OPERATIONAL PLAN: (Reference Number) Corporate Plan: 1.2 Community Focused Facilities and Services Operational Plan: 1.2.7 Community Facilities: Civic Centre 1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION M53/11/12 That Council submit an Expressions of Interest for Round Three (Civic Centre Enhancement) and Round Four (Leisure Enterprise Centre) of the Regional Development Australia Fund. The Department of Regional Australia, Local Government, Arts and Sport administers the Regional Development Australia Fund (RDAF). The program funds capital infrastructure projects which are identified as priorities by local communities. As per council minute M53/11/12, council submitted an expression of interest for an upgrade to the Civic Centre. Council was unsuccessful in the expression of interest however a further round of funding has been released and an application has been resubmitted. Council endorsement of this action is sought. 2. REPORT The objectives of RDAF are to support eligible applicants with creative and innovative projects that:

• invest in regional priorities • support local economies • facilitate strong and dynamic communities, and • leverage partnership funding



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RDAF Round Five is an allocative round of funding on a per capita basis. The allocation for the Gympie Region is $350,000. Round Five closed on Monday 22 July 2013. Based on feedback from the earlier expression of interest, an application has been submitted that provides for a refurbishment of the Civic Centre, specifically a full light and sound upgrade, refurbishment of the interior foyer, theatre, Fossickers room and Prospectors hall, and an upgrade to the courtyard linking the Civic Centre with the Senior Citizens building. The Civic Centre is currently used for more than 180 functions annually incorporating theatre use, large functions in the hall and meetings and conferences in the Fossickers Room. The building was officially opened in 1977. With the exception of the bar and kitchen upgrade completed in 2006, and the replacement of carpet in 2008, little has been done to the original structure. The rooms themselves are functional, however the décor is dated and equipment lacks the technical standard required in modern facilities. The proposed redevelopment will upgrade the Centre to a modern looking building equipped with the latest digital technology which meets the needs of users. The anticipated cost of the project as submitted is $550,000 (ex GST) requiring an allocation from council of $200,000; $125,000 to be funded in the current financial year, subject to budget review deliberations, and a further $75,000 in the 2014/2015 budget. The project as submitted was based on consultation and data gathered for the earlier rounds. If successful, detailed planning and consultation with key stakeholders will be the completed prior to the commencement of works. 3. BUDGET IMPLICATIONS Council is asked to consider funding as part of the 2013/2014 Budget Review and 2014/2015 Budget for the Civic Centre Redevelopment Project. 4. POLICY IMPLICATIONS 5. CONSULTATION Mr Bernard Smith – CEO, Gympie Regional Council Mr Bob Fredman - Director of Engineering Services Mr Robert Prestipino - Vital Places Mr Darren McBride – D&D McBride Entertainment Technical Services Mr Tim Boag – Mode Design (Interior) Mr Graham Lukins – Graham Lukins Partnership (Quantity Surveyor)



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Mr Rob Seymour – InSite design (Landscaping) 6. CONCLUSION RDAF Round Five presented council an opportunity to secure external funds for an upgrade to the Civic Centre. An application was submitted by the due date and council is asked to endorse staff actions in this matter and allocate funds as part the 2013/14 Budget Review and 2014/15 Budget to support the application. 7. ATTACHMENTS: Nil

M35/07/13 Moved: Cr M.A. McDonald Seconded: Cr R.A. Gâté That council endorses staff actions in the submission of an application to RDAF Round Five for the Civic Centre Redevelopment and that the matter be referred to budget review for allocation of funding in the 2013/2014 and 2014/2015 budgets.

Carried



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SECTION 11: WASTE MANAGEMENT 11/1 Regional Waste Management Strategy

PORTFOLIO: Waste Management DIRECTORATE: Planning and Development AUTHOR: Manager Health and Environmental Services –

ID Wolff DOC ID: LINK TO CORPORATE / OPERATIONAL PLAN: Operational Plan Reference 4.3 – Responsibly managed environmental practices 1. BACKGROUND & PREVIOUS COUNCIL CONSIDERATION Council engaged the services of an external waste management consultant – Spiritous Pty Ltd to develop a Waste Management Strategy for the Gympie Region. The objective of the strategy is to provide short, medium and long term policy and planning objectives for Council to implement. Adopting the actions contained in the strategy will enable Council to transition to a more sustainable position from which to manage future growth and also to pursue improvements and innovations in waste management through the pursuit of eleven (11) strategic goals. These strategic goals are as follows. • Strategy goal 1 – Consolidate domestic collection contracts to

provide a single contract. • Strategy goal 2 – Define and declare wheel bin collection areas. • Strategy goal 3 – Provide services to maximise the collection of

recyclable materials. • Strategy goal 4 – Provide disposal facilities for residents without

collection services. • Strategy goal 5 – Deliver commercial collection services in

conjunction with private operators.



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• Strategy goal 6 – Gain efficiencies in collection services for Council premises and facilities.

• Strategy goal 7 – Provide the optimal network of waste transfer

and recycling facilities. • Strategy goal 8 – Responsible management of waste transfer

and recycling facilities. • Strategy goal 9 – Provide efficient facilities for the region’s short

and long term landfill needs. • Strategy goal 10 – Provide and/or facilitate sites with recycling

opportunities. • Strategy goal 11 – Provide community waste education.

Each goal details actions required along with measures and targets. The draft Regional Waste Management Strategy 2013-2020 document was presented to Council at its Ordinary meeting held on Wednesday, 29 May 2013 for consideration. At this meeting, Council resolved as follows: M46/05/13 Moved: Cr W.W. Sachs Seconded: Cr M.W. Curran That Council release the Draft Regional Waste Management Strategy 2013-2020 for public comment for a minimum period of 28 days.

Carried 2. REPORT In accordance with Minute M46/05/13, the Draft Regional Waste Management Strategy 2013-2020 was released for public comment for a minimum period of 28 days. A copy of this document appears as an attachment to this agenda. A media release for this document was arranged by Council’s Health and Environmental Services Branch in conjunction with Office of the Chief Executive Officer. This media release resulted in several news articles in a local print media outlet. It also featured in Council’s Regional Roundup for June 2013 that appeared in a local print media outlet. An electronic copy of this document was placed on Council’s website.



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Hardcopies of this document were available from all public offices of Council including all regional Council libraries. Submissions closed 5:00 pm Monday, 8 July 2013. One (1) submission was received and it is noted that this submission was presented to Councillors at the Council workshop held on Wednesday, 24 July 2013. 3. BUDGET IMPLICATIONS Once adopted by Council, the Regional Waste Management Strategy will inform future Council budgets. 4. POLICY IMPLICATIONS As detailed in the Executive Summary of this document, the Regional Waste Management Strategy will be the overarching document to guide waste management planning for the Gympie Region. It will be supported by detailed plans and review documents that are developed from time to time. 5. CONSULTATION This document has been produced by the consultant after extensive consultation with relevant staff and Councillors. It has also been released for public comment for public comment. The one (1) submission received has been presented to and considered by Councillors. 6. CONCLUSION In order to ensure that Council’s waste operations are sustainable and efficiently and effectively managed into the future, a formalised Waste Management Strategy for the Region is required to be adopted by Council. This document once adopted will guide policy and influence future waste management operational plans for Council. This will in-turn inform future Council budgets. A comprehensive consultation process, both internally and externally for this document has been undertaken. The submission received in respect of this document has also been considered. It remains now for Council to formally adopt this document and the vision, goals, actions and measures and targets contained therein to become the overarching planning document for waste management operations in the Gympie Region into the future.



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7. ATTACHMENTS: ATTACHMENT 4 - Gympie Regional Council Draft Regional Waste Management Strategy 2013-2020.

M36/07/13 Moved: Cr M.W. Curran Seconded: Cr W.W. Sachs That council adopt the Draft Gympie Regional Council Waste Management Strategy 2013-2020 as appears as an attachment to this agenda without amendment.

Carried



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SECTION 12: TOURISM & MARY VALLEY



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SECTION 13: GENERAL BUSINESS Taps at Norman Point Boat Ramp

Re: Taps at Norman Point Boat Ramp From: Cr M.A. McDonald Date: 31 July 2013 Cr M.A. McDonald informed councillors that the taps at the boat ramp at Norman Point, Tin Can Bay had been removed and that he had fielded enquiries from users of the boat ramp as to why they had been removed.

M37/07/13 Moved: Cr M.A. McDonald Seconded: Cr M.W. Curran

That council write to the Minister for Transport and Main Roads requesting that the taps be reinstated, as a matter of urgency, at the boat ramp at Norman Point, Tin Can Bay.

Carried



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SECTION 14: IN COMMITTEE

COUNCIL IN COMMITTEE

The Deputy Mayor advised the meeting that council was going “Into

Committee” to discuss: 1. Term Lease 222067 – Lot 11 on LX318 over Reserve for Water &

Crossing R323 Parish of Marodian M38/07/13 Moved: Cr R.A. Gâté Seconded: Cr M.A. McDonald That pursuant to the provisions of Section 275 of the Local

Government Regulation 2012, council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. Term Lease 222067 – Lot 11 on LX318 over Reserve for Water &

Crossing R323 Parish of Marodian Further, that in relation to the provisions of Section 171 of the

Local Government Act 2009, council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the council and the council wishes to keep them confidential.

Carried

COUNCIL OUT OF COMMITTEE M39/07/13 Moved: Cr R.A. Gâté Seconded: Cr M.A. McDonald That proceedings be resumed in open council.

Carried



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14/1 Term Lease 222067 – Lot 11 on LX318 over Reserve for Water &

Crossing R323 Parish of Marodian PORTFOLIO: Governance and Economic Development DIRECTORATE: Corporate Governance AUTHOR: Manager Corporate & Customer Services DOC ID: D1646567 LINK TO CORPORATE / OPERATIONAL PLAN: Outcome 1.2 and Outcome 3.2.9 respectively

This item is in-committee in accordance with s275(1)(h) of the Local Government Regulation 2012 – other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

M40/07/13 Moved: Cr M.W. Curran Seconded: Cr I.T. Petersen

That Council advises the Department of Natural Resources and Mines it offers no recommendation or objection in relation to the proposed renewal of Term Lease No.222067 Term Lease No.222067 over Lot 11 on Plan LX318 (Reserve R323 Water & Crossing).

Carried



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SECTION 15: ATTACHMENTS

Attachment 1 – Refer Item 5/6 - Discussion Paper: Infrastructure Planning and Charging Framework Review Attachment 2 – Refer Item 8/1 - Summarised Budget Report as at 30 June 2013 Attachment 3 – Refer Item 8/2 - Delegations Register Attachment 4 – Refer Item 11/1 - Gympie Regional Council Draft Regional Waste Management Strategy 2013-2020

There being no further business the meeting closed at 10.54am.

Confirmed this FOURTEENTH day of AUGUST 2013

________________________ Cr A.J. Perrett CHAIRMAN

ATTACHMENT 1

Refer Item 5/6

Discussion Paper Infrastructure Planning and Charging Framework Review

of the

ORDINARY MEETING


Discussion paper: Infrastructure planning and charging framework review

Options for the reform of Queensland’s local infrastructure planning and charges framework

28 June 2013

The Department State Development, Infrastructure and Planning is responsible for driving the economic development of Queensland.

© State of Queensland, Department State Development, Infrastructure and Planning, June 2013, 100 George Street, Brisbane Qld 4000. (Australia)

Licence: This work is licensed under the Creative Commons CC BY 3.0 Australia licence. To view a copy of this licence, visit www.creativecommons.org/licenses/by/3.0/au/deed.en. Enquiries about this licence or any copyright issues can be directed to the Senior Advisor, Governance on telephone (07) 3224 2085 or in

writing to PO Box 15009, City East, Queensland 4002.

Attribution: The State of Queensland, Department of State Development, Infrastructure and Planning.

The Queensland Government supports and encourages the dissemination and exchange of information. However, copyright protects this publication. The State of Queensland has no objection to this material being reproduced, made available online or electronically but only if it is recognised as the owner of the copyright and this material remains unaltered.

The Queensland Government is committed to providing accessible services to Queenslanders of all cultural and linguistic backgrounds. If you have difficulty understanding this publication and need a translator, please call the Translating and Interpreting Service (TIS National) on telephone 131 450 and ask them to telephone the QDepartment of State Development, Infrastructure and Planning on telephone (07) 3227 8548.

ueensland

Disclaimer: While every care has been taken in preparing this publication, the State of Queensland accepts no responsibility for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best of our knowledge, the content was correct at the time of publishing. Any references to legislation are not an interpretation of the law. They are to be used as a guide only. The information in this publication is general and does not take into account individual circumstances or situations. Where appropriate, independent legal advice should be sought.

An electronic copy of this report is available on the Department of State Development, Infrastructure and Planning’s website at www.dsdip.qld.gov.au To obtain a printed copy of this report, please contact us via the contact details provided at the end of this report.

Discussion paper: Infrastructure planning and charging framework review Options for the reform of Queensland’s local infrastructure planning and charges framework - ii -

http://www.creativecommons.org/licenses/by/3.0/au/deed.en

http://www.dsdip.qld.gov.au/

Contents Contents ................................................................................................................iii

Figures................................................................................................................... iv

Tables .................................................................................................................... iv

Summary................................................................................................................. v

1. Purpose .........................................................................................................6

1.1 About the discussion paper ....................................................................6

1.2 Scope....................................................................................................7

1.3 Stakeholder working group ....................................................................7

1.4 Timeframes ...........................................................................................8

1.5 Consultation..........................................................................................9

1.6 How to make a submission .....................................................................9

1.7 Further information................................................................................9

2. Context ........................................................................................................ 10

2.1 Introduction ........................................................................................ 10

2.2 Infrastructure charges in Queensland ................................................... 10

2.3 Interstate snapshot.............................................................................. 12

3. Outcomes..................................................................................................... 14

4. Reform overview ........................................................................................... 15

5. Part 1: Framework fundamentals.................................................................... 17

5.1 Infrastructure scope............................................................................. 17

5.2 Identification of trunk and non-trunk infrastructure ...............................23

5.3 Infrastructure planning ........................................................................ 27

6. Part 2: Framework mechanism options........................................................... 37

6.1 Capped charges................................................................................... 37

6.2 Planned charges ..................................................................................40

7. Part 3: Framework element options................................................................48

7.1 Conditions...........................................................................................48

7.2 Offsets and refunds .............................................................................50

7.3 Credits ................................................................................................54

7.4 Appeals and dispute resolution ............................................................ 57

7.5 Infrastructure agreements....................................................................59

7.6 Deferred payments .............................................................................. 61

8. Other framework issues ................................................................................65

8.1 Alternative funding and financing .........................................................65

Discussion paper: Infrastructure planning and charging framework review Options for reform of Queensland’s local infrastructure planning and charges framework - iii -

8.2 Resolutions and distributor-retailer board decisions .............................67

8.3 Transitional arrangements ...................................................................68

9. Next steps ....................................................................................................69

9.1 Issues requiring further investigation ...................................................69

Appendix 1: Have your say......................................................................................70

Appendix 2: SPRP charges ..................................................................................... 75

Appendix 3: Interstate snapshot............................................................................. 79

Appendix 4: Example essential infrastructure list .................................................... 81

Appendix 5: Specifications and assumptions used for impact assessment ...............82

References ............................................................................................................92

Figures Figure 1—Reform timeframe......................................................................................8 Figure 2—Reform options structure......................................................................... 15 Figure 3—Planned charges assessment process...................................................... 41 Figure 4—Feasbility and sustainability connectivity .................................................42

Tables Table 1—Reform outcomes ..................................................................................... 14 Table 2—Infrastructure scope options..................................................................... 18 Table 3—Impact of reduced infrastructure scope ..................................................... 21 Table 4—Residential impact ................................................................................... 21 Table 5—Commercial (retail) impact........................................................................22 Table 6—Industry impact........................................................................................22 Table 7—Identification of trunk and non-trunk options.............................................24 Table 8—Infrastructure planning reform options .....................................................29 Table 9—Proposed infrastructure planning process .................................................30 Table 10—Local government financial sustainability indicators ................................42 Table 11—Example development feasibility assumptions .........................................44 Table 12—Conditions reform options ......................................................................49 Table 13—Offsets and refunds reform options ......................................................... 51 Table 14—Credits reform options ............................................................................56 Table 15—Appeals and dispute resolution reform options ........................................58 Table 16—Infrastructure agreements reform options................................................60 Table 17—Deferred payments reform options ..........................................................62

Discussion paper: Infrastructure planning and charging framework review Options for reform of Queensland’s local infrastructure planning and charges framework - iv -

Discussion paper: Infrastructure planning and charging framework review Options for reform of Queensland’s local infrastructure planning and charges framework - v -

Summary In February 2013, the Queensland Government commenced a review of the local infrastructure planning and charges framework. The purpose of the review is to identify reforms necessary to deliver an infrastructure charges framework that supports long-term local authority (local government and distributor-retailer) sustainability and a prosperous development industry in Queensland.

The review also supports the Queensland Government’s broader planning and development system reforms, which are targeted at ensuring sustainable development outcomes and supporting the state’s continued growth and prosperity.

The options for reform presented in this discussion paper are focused on achieving four key outcomes: certainty, equity, local authority financial sustainability and development feasibility. They have been developed following a targeted stakeholder engagement process with local authority and development industry representatives. The reforms address the three principal areas of the framework:

the scope and identification of trunk and non-trunk infrastructure under the infrastructure charges framework

the infrastructure planning and charges mechanisms to apply under the new framework

the supporting elements of the framework, including: conditions, offsets, refunds, credits, infrastructure agreements, dispute resolution and deferred payment of charges.

The Department of State Development, Infrastructure and Planning is seeking feedback from all interested stakeholders on how the infrastructure charges framework can best support a growing, sustainable and prosperous Queensland. Following the conclusion of consultation preferred reforms options will be identified for implementation from 1 July 2014. The finalisation and implementation of these reforms will be undertaken in consultation with key stakeholders.

1. Purpose

1.1 About the discussion paper This discussion paper outlines options for establishing a long-term infrastructure planning and charges framework that is equitable, certain and supports local authority (local government and distributor-retailer) financial sustainability and development investment throughout Queensland.

The purpose of this discussion paper is to gather stakeholder views on possible reform options. The reform options presented in the paper focus on three areas of the framework:

Part 1: Framework fundamentals—infrastructure scope, identification of trunk and non-trunk infrastructure and infrastructure planning

Part 2: Charges mechanisms—charges mechanisms to apply under the new framework

Part 3: Framework elements—supporting elements of the framework, including: conditions, offsets, refunds, credits, infrastructure agreements, dispute resolution and deferred payment of charges.

For each part, the discussion paper presents stakeholder views, options for reform and analysis of the key issues. The discussion paper includes both stakeholder views and analysis and commentary from the Department of State Development, Infrastructure and Planning (the department). Stakeholder views presented in the paper are clearly identified and should not be taken to be the position of the department.

The department has commissioned a number of specialist consultancies to undertake analysis and review of components of the framework. The department also established a working group involving representatives from peak bodies in the local government, planning and building and development sectors to facilitate the exchange of views on opportunities for improvements to current arrangements. This work has supported the development of reform options and analysis presented in this paper.

The options for reform are part of the Queensland Government’s broader planning reform agenda that includes the introduction of a single State Planning Policy (single SPP) and State Assessment and Referral Agency (SARA) reforms. These initiatives are a key component of the government’s reform agenda to build a resilient and competitive Queensland economy.

The timing of the review is linked to the economic and planning reform priorities of the Queensland Government.

Discussion paper: Infrastructure planning and charging framework review Options for reform of Queensland’s local infrastructure planning and charges framework - 6 -

1.2 Scope The focus of the review is the infrastructure networks delivered by local authorities to support development including water supply, wastewater, stormwater, roads and public parks and land for community facilities. Any further reference to infrastructure in this document should be interpreted as a reference to these networks unless stated otherwise.

The discussion paper specifically excludes consideration of state charges and conditions, however, decisions taken around reforms to the local infrastructure arrangements may have implications for state agency planning and development considerations.

The maximum charge amounts to apply under the long-term framework are also not considered in this discussion paper. These charges will be influenced by changes to the broader framework introduced through the reform process (such as conditions, offsets and credits). Following the conclusion of consultation on the discussion paper, the department will commence a detailed analysis of the capped charges. For more information on this process, refer to section 6.1.

1.3 Stakeholder working group The first stage of the review was undertaken using a stakeholder working group, consisting of local government and development industry representatives, to identify issues with the existing framework and consider options for reform. The discussion paper draws on the outcomes of the stakeholder workshop process in framing reform options and identifying their implications.

The following organisations were represented on the stakeholder working group:

Local Government Association of Queensland

Brisbane City Council

Gold Coast City Council

Townsville City Council

Urban Development Institute of Australia

Council of Mayors (SEQ)

Property Council of Australia

Planning Institute of Australia

Queensland Master Builders Association

Housing Industry Association


Shopping Centre Council of Australia

Queensland Environmental Law Association

The working group was not tasked with reaching a consensus view on framework issues or reform options, but to provide feedback on issues and options to inform the review. Between February and May 2013, the department facilitated seven workshops with stakeholders.

The department has also met with and sought feedback from distributor-retailers during the preparation of this paper.

1.4 Timeframes A new infrastructure charges framework is intended to commence from 1 July 2014.

The discussion paper will be available for public consultation, from the 1 July to 9 August 2013 and will provide stakeholders the opportunity to review the reform options presented in the paper, consider and analyse the implications and prepare a response to the department.

Following the conclusion of the public consultation period, the department will work to develop a preferred set of reform options taking into consideration feedback received during consultation. The preferred set of reforms will be presented for government approval in late 2013.

The department will work with key stakeholders during the implementation phase of the review to ensure the delivery of a fit for purpose framework. This will include providing guidance material and support for local authorities during the preparation for the commencement of framework reforms.

Figure 1—Reform timeframe

Discussion paper:

Infrastructure planning and charging framework review Options for reform of Queensland’s local infrastructure planning and charges framework - 8 -

1.5 Consultation The discussion paper is available for public consultation until 9 August 2013.

Local authorities, development industry participants, the community and other interested stakeholders are encouraged to make a submission. Submissions should focus on:

the impacts (financial, administrative, time) of proposed reform options outlined in the discussion paper

alternative reform options or solutions

evidence to support the existence of identified problems.

Questions have been posed throughout the discussion paper as prompts for feedback. A consolidated list of questions is provided in Appendix 1.

1.6 How to make a submission Please forward your submission to the department at: Post: Infrastructure Charges Framework Review

PO Box 15009 City East QLD 4002

Email: [email protected]

All submissions must include a nominated point of contact, with the full name and residential or business address contact details of the submitter.

Information considered confidential should be clearly identified. Please note that the content of submissions may be accessed under the Right to Information Act 2009.

1.7 Further information For further information about local infrastructure charges in Queensland, please visit: www.dsdip.qld.gov.au or email [email protected]


mailto:[email protected]


2. Context

2.1 Introduction As the fourth largest contributor to Gross State Product (GSP) and jobs in Queensland (ABS, 2011a), the development and construction industry is an important contributor to the state economy. In 2010–11 it directly employed 183 800 people, or 9.2 per cent of total employment, in Queensland (ABS, 2011a) and generated $22.3 billion in value to the state’s economy (ABS, 2011b). To support this important sector of the economy, the government’s Property and Construction Strategy identifies the need for reform to increase the competiveness of the development sector and address growth in regulatory complexity and costs and charges levied on new development.

The infrastructure charges review will support the government’s objective to reinvigorate the development and construction industry. A key focus of the review is improving the consistency and transparency of the infrastructure charges framework as a means of supporting better project feasibility analysis and providing confidence to the development industry when planning projects.

The review is also focused on supporting the long-term sustainability of local authorities (local government and distributor-retailers). Infrastructure charges are levied by local authorities to support the delivery of trunk infrastructure necessary to accommodate new development and growth in local communities.

Infrastructure charges are one mechanism through which local authorities can collect money to fund new infrastructure. By providing a cost-effective and administratively efficient infrastructure planning and charges framework, local authorities will be better equipped to plan for and manage growth and development in local communities.

In addition, the diversity in size and income means that local authorities have differing capacities to fund services and plan, deliver and maintain infrastructure. Managing these demands has become particularly challenging for many local authorities since the global financial crisis, with revenue bases seeing only modest growth or no growth.

2.2 Infrastructure charges in Queensland

2.2.1 Framework history

Requiring monetary contributions from developers for the provision of infrastructure was first introduced into Queensland’s planning legislation in the early 1980s as ‘headworks charges’. Headworks charges were intended to contribute to the cost of water and sewer


infrastructure and, in certain circumstances, open space and parkland. Infrastructure Charges Plans (ICPs) were required under the Integrated Planning Act 1997 as the basis for charges.

In 2003, the requirement for the preparation of priority infrastructure plans (PIPs) was introduced. This was a move towards a ‘user-pays’ system of charging, which enabled the ‘full-costing’ of trunk infrastructure and the apportionment of charges based on demand. The introduction of PIPs and ‘PIP-influenced’ planning scheme policy (PSP) charges were sometimes characterised by sudden and noticeable increases in the level of contributions being made by applicants to the provision of public infrastructure. This caused uncertainty for the development sector and impacted on feasibility analyses.

Additionally, in 2008 the Capital Works Subsidy Scheme was terminated. The scheme had provided up to 40 per cent of funding for larger local government infrastructure projects, such as water treatment plants.

The trend towards user-pays charges, combined with the cessation of the Capital Works Subsidy Scheme and the onset of the Global Financial Crisis resulted in significant industry and local government concern regarding the cost of providing infrastructure and the increase in infrastructure charges.

In response, an independent Infrastructure Charges Taskforce was established in July 2010 to investigate options for the reform of Queensland’s infrastructure charges framework. In response to the taskforce’s recommendations, the maximum infrastructure charges framework was implemented through the State Planning Regulatory Provision (adopted charges) (SPRP) in July 2011.

The framework reforms introduced in July 2011 were intended as interim measures, with a long-term framework to be implemented from July 2014.

2.2.2 Maximum charges framework

The maximum charges framework sets a cap on the amount which local authorities can levy on development for trunk infrastructure. For example, the maximum charge for a three-bedroom dwelling is $28 000. Appendix 2 details the capped charges that apply across the range of residential and non-residential land uses that were introduced in 2011.

It is at the discretion of the local authority to set charges at any amount they consider appropriate, up to the maximum charge. There is no state government oversight of the charges set by local authorities. Local governments publish charges (usually on their websites) in an adopted infrastructure charges resolution and the method of calculating charges is simple by comparison to PIP and PSP calculations. Similarly, distributor-retailers adopt and publicise their charges, which are often collected by a local government on a distributor-retailer’s behalf. This has made it easy to determine an


infrastructure charge prior to lodgement of a development application, created more certainty for the development sector and simplified previously complex and costly charges calculation models for local authorities.

Since the introduction of the maximum charges framework, feedback from a range of stakeholders, and analysis undertaken by and on behalf of the department, has identified the simplicity and certainty of the capped model is a significant improvement compared with previous frameworks. However, a number of issues with the maximum charges framework have also been identified. These issues are discussed in detail throughout this report.

2.2.3 Distributor-retailers

In 2010, three local government-owned water utilities providers (distributor-retailers) were established in South East Queensland. The distributor-retailers own water and wastewater networks and provide water and wastewater services for their owner local governments. In 2012, Gold Coast City Council, Redland City Council and Logan City Council resumed responsibility for the provision of water and wastewater services in their respective local government areas. These services continue to be provided by distributor-retailers for the remaining South East Queensland local governments—Queensland Urban Utilities for Brisbane, Ipswich, Lockyer Valley, Somerset and Scenic Rim local governments, and Unity Water for the Moreton Bay and Sunshine Coast local governments.

South East Queensland local governments with a distributor-retailer only levy infrastructure contributions for three local infrastructure networks (local roads, stormwater and community facilities/parks), with the distributor-retailer responsible for water and wastewater networks.

The distributor-retailers currently use interim development assessment, appeals and infrastructure charging arrangements under the Sustainable Planning Act 2009 (SPA). Infrastructure contributions are regulated under the maximum charges framework, with distributor-retailers and relevant local governments each levying a proportion of the maximum charge. The total infrastructure charge levied cannot exceed the cap.

The interim arrangements are intended to be replaced with a utility model, similar to that for electricity or telecommunications suppliers, from 2014. Under the utility model, distributor-retailers will continue to be subject to the same approach to infrastructure charges as apply to local governments under SPA.

2.3 Interstate snapshot The levying of local infrastructure charges is not unique to Queensland, with each state having established infrastructure charges frameworks. There are, however, significant


differences in the regulatory and policy approach adopted by each jurisdiction, including: definitions of infrastructure, what is considered local versus state infrastructure, methodologies of calculating, and administration of infrastructure charges. Additionally, some jurisdictions require information on the infrastructure contributions framework to be accessible to the public (as is the case in New South Wales and Victoria), while others deal with charges on a case-by-case basis through negotiated agreements (for example South Australia).

All of these factors make it difficult to undertake a constructive comparison of infrastructure contributions between states. Appendix 3 provides an overview of the infrastructure framework arrangements for New South Wales, Victoria, South Australia and Western Australia.


3. Outcomes To support the development of reform options, four reform outcomes have been identified. These outcomes seek to deliver an infrastructure planning and charging framework that balances the competing demands facing local authorities and the development industry through a certain, equitable and efficient infrastructure charging methodology and administrative framework.

Table 1—Reform outcomes

Outcome Result

Development feasibility Makes Queensland a desirable place for the development industry to do business by:

linking the quantum of infrastructure charges to a development’s demand for infrastructure.

minimising risks to development associated with infrastructure contributions (including time delays, increased holding costs and uncertainty).

Local authority financial sustainability

Supports the long-term financial sustainability of local authorities and the planning, delivery and maintenance of local infrastructure by local authorities.

The framework is cost-effective and administratively simple to implement and maintain.

Certainty The framework is simple to understand, implement and use.

Infrastructure charges are supported by transparent published methodologies and charging schedules.

Equity Only infrastructure essential for development is eligible for infrastructure charge contributions.

The outcomes listed in Table 1 have not been used to test reform options presented in the discussion paper. Following consultation a preferred set of reform options will be tested against the outcomes.


4. Reform overview The infrastructure charges review has identified options for the reform of key parts of the framework, including:

Part 1: Framework fundamentals—infrastructure scope, identification of trunk and non-trunk infrastructure and infrastructure planning

Part 2: Charges mechanisms—charges mechanisms to apply under the new framework

Part 3: Framework elements—supporting elements of the framework, including: conditions, offsets, refunds, credits, infrastructure agreements, dispute resolution and deferred payment of charges.

An overview of the key parts is presented in Figure 2, with detailed discussion of the issues, stakeholder observations and reform options presented in the following sections of the paper.

Figure 2—Reform options structure

Discussion paper:


A number of reform options are presented for each issue, including the option to retain existing framework practices (status quo). Options are presented to generate discussion and feedback regarding framework improvements.

The supporting discussion and analysis sections do not identify preferred reform options, with submissions able to provide variations and alternatives to the options presented. Preferred options will be determined following the consideration of stakeholder feedback.


5. Part 1: Framework fundamentals There are three fundamental factors that need to be considered when determining the most suitable approach to funding the delivery of infrastructure:

5.1 Infrastructure scope—identifies infrastructure included within the infrastructure framework and therefore eligible to be funded through charges and conditions.

5.2 Identification of trunk and non-trunk infrastructure—differentiates between infrastructure generally servicing one development and infrastructure designed to service multiple development sites.

5.3 Infrastructure planning—informs local authority decisions about the most efficient and effective development pattern for an area.

This provides a basis for determining whether infrastructure costs should be:

funded by a developer

shared between developments

funded by a local authority through other revenue sources.

In this regard, the framework fundamentals underpin, and directly impact, all components of the framework. The following section outlines the proposed approach to identifying infrastructure scope, trunk/non-trunk infrastructure and options for infrastructure planning.

5.1 Infrastructure scope Infrastructure scope identifies the type of infrastructure to which the framework applies. In this regard, it directly impacts the amount a developer can expect to contribute when a development approval is received, either through an infrastructure charge or condition.

Under the PIP regime, the scope of infrastructure was established through Statutory Guideline 01/09—Priority infrastructure plans and infrastructure charges schedules (Statutory guideline 01/09) and the definition of ‘development infrastructure’ under SPA. Both Statutory guideline 01/09 and SPA included infrastructure essential for development and infrastructure that could be considered as desirable (for example, barbeques and shade structures in parks), but not essential.

The maximum infrastructure charges, introduced under the adopted infrastructure charges framework in 2011, represent a level of charges broadly benchmarked on the scope of infrastructure from the PIP regime.


5.1.1 Stakeholder issues

Stakeholders have indicated that some local authorities charge for infrastructure which is not essential and in some cases the charges are excessive.

The review process identified the inequity of requiring developers to pay for infrastructure which did not directly benefit that development but had a broader community benefit.

5.1.2 Reform objective

Provide an equitable and certain scope of infrastructure.

5.1.3 Reform options

Table 2—Infrastructure scope options

Option Key features

1. Status quo Trunk infrastructure is identified through a PIP or Water Netserv Plan (Netserv Plan) in accordance with the scope of infrastructure currently allowed in SPA or applicable to a distributor-retailer.

Infrastructure charges and conditions contribute to the provision of this infrastructure, including infrastructure such as barbeques, shade structures in parks and play equipment.

2. Introduce an essential infrastructure list

The state introduces an essential infrastructure list with reduced infrastructure scope (an example essential infrastructure list with reduced infrastructure scope is provided at Appendix 4)

Local authorities identify infrastructure through a local government infrastructure plan (LGIP) or Netserv Plan in accordance with the essential infrastructure list.

Local infrastructure charges and conditions are limited to essential infrastructure only.

Other ‘desirable’ but non-essential infrastructure is funded through alternative sources such as rates (or user charges in the case of a distributor-retailer) or not provided.

Does not preclude the use of infrastructure agreements about matters that are not on the essential infrastructure list.


5.1.4 Implications of reform options

The scope of infrastructure adopted will provide a basis for local authority infrastructure planning and the levying of infrastructure contributions. It will also inform other elements of the infrastructure charges framework, such as the determination of credits, offsets and refunds.

The scope outlined in the example essential infrastructure list (Appendix 4) is a basis for analysis of potential impacts on the framework of a reduced scope of infrastructure. The example list presented is intended to be refined based on stakeholder feedback. The list was developed based on the principle that a direct nexus must exist between the infrastructure scope and a development site. For example, the amount of parkland contributions has been reduced to better represent the need for local and district parks. This is based on the assumption that demand for parks is more clearly attributed to the population that live and work within close proximity to a park. A number of issues were identified during the workshop process regarding the likely impacts of the example essential infrastructure list, including:

a reduction in parkland area standards. This could result in unintended consequences such as:

- increased cost to local governments to purchase land after development or at the time of development

- requirement for local governments to use infrastructure agreements to obtain land.

parkland embellishments, which are not included in the example list, may not be provided and would be required to be funded through alternative revenue sources

developers are required to mitigate stormwater impacts on-site. Off-site solutions are funded from sources other than charges

the potential for fewer dedicated public transport corridors (such as a bikeway or pedestrian path outside of a road corridor). The lack of mechanisms to share costs on these networks and to have them within the upfront planning would mean that such opportunities, particularly in greenfield areas, may be lost

road charges being limited to road networks which have a clear nexus with the development. Higher order roads, such as local government arterial roads, that


are subject to large volumes of through traffic, will not be subject to local charges1

impacts on the delivery of infrastructure that is non-essential.

Quantitative analysis of essential infrastructure list

To gain an understanding of the quantitative impacts of limiting infrastructure contributions to essential infrastructure only, an analysis of the potential financial implications was undertaken on behalf of the department. The analysis uses information from six existing local government PIPs as a benchmark for the cost of infrastructure under the current framework.

A reduced scope of infrastructure was applied to existing PIP data by removing infrastructure items which are inconsistent with a proposed essential infrastructure list. The analysis specifications and assumptions are outlined in Appendix 5. The scope used in this analysis is different from the example essential infrastructure list provided at Appendix 4. These variances were necessary to ensure a consistent and simple basis for the analysis. The example essential infrastructure list in Appendix 5 has been refined since the analysis was undertaken to reflect some of the feedback received from stakeholders.

The results of the analysis show a reduction in infrastructure costs for a developer, regardless of location, based on the reduced scope of infrastructure. This reduction varied depending on the type of development as shown by the examples in Table 3.

The findings presented below do not represent new infrastructure charge amounts but are indicative of the potential impact of the reduced infrastructure scope on trunk infrastructure delivery costs. This information is presented to inform discussion and analysis of the options presented in this paper. The impacts in the table are aggregated across all networks and are not evenly spread.

Discussion paper:

1 Note: all state infrastructure is excluded from the scope of infrastructure within the local infrastructure framework.


Table 3—Impact of reduced infrastructure scope

Use type % reduction in infrastructure costs (not a reduction in infrastructure charges)

Detached residential 24%

Attached residential 20—28%

Worship 39%

Bulk goods 47%

Retail 18–20%

Office 21–27%

Education 34%

Indoor sport and recreation 19%

Industry 26%

Hospitals 25%

Tables 4, 5 and 6 demonstrate the impact, on a ‘cost per development type’ basis, of applying the reduced scope to existing PIP charges methodologies using standard apportionment (i.e. no discounted cashflow methodology). As a desktop study, one infill and one greenfield site was selected for each local government area. Because of the limited sample size, the cost calculation results can not be taken as an average representation of costs across all local government areas.

The information presented in Tables 4, 5 and 6 are not indicative of new capped charge amounts. Please refer to section 6.1 of the paper for more information on capped charges.

Table 4—Residential impact

(Cost per three-bedroom dwelling)

Discussion paper:

Cost scenario Sample

PIP infill PIP greenfield Essential infill Essential greenfield

City 1 $27,172 $26,059 $19,147 $20,412

City 2 $29,736 $26,983 $24,777 $21,954

Regional 1 $22,047 $22,047 $13,182 $13,182

Regional 2 $21,732 $21,677 $18,008 $17,916

Regional 3 $18,837 $21,767 $13,521 $16,919

Regional 4 $19,205 $22,144 $14,767 $15,175


Table 5—Commercial (retail) impact

(Cost per square metre gross floor area)

Discussion paper:



City 1 $508 $363 $441 $444

City 2 $398 $331 $319 $263

Regional 1 $351 $351 $273 $273

Regional 2 $67 $63 $49 $44

Regional 3 $102 $105 $78 $82

Regional 4 $114 $118 $99 $98

Table 6—Industry impact

(Cost per square metre gross floor area)



City 1 $80 $64 $70 $72

City 2 $131 $110 $104 $86

Regional 1 $59 $59 $40 $40

Regional 2 $164 $155 $145 $135

Regional 3 $37 $41 $26 $31

Regional 4 $60 $76 $46 $45

Have your say

General Do you support the removal of items from infrastructure scope that do not have a clear nexus with a development site?





5.2 Identification of trunk and non-trunk infrastructure

Local infrastructure fits into two categories:

trunk infrastructure

non-trunk infrastructure.

The classification of infrastructure as trunk or non-trunk has implications for a local authority’s ability to levy an infrastructure charge and the rules for conditioning, credits and offsets.

Trunk infrastructure: higher level infrastructure that is shared between different developments (for example, sewer mains and water treatment plants).

Non-trunk infrastructure: not shared with other development and is generally internal to a development site (for example, access streets within a residential subdivision).

For trunk infrastructure, a charge may be levied and/or a condition applied as part of a development approval for a developer to provide trunk infrastructure works or land. Non-trunk infrastructure is not included in charges, with developers generally conditioned by a local authority to provide the infrastructure that is required to service their development.

The costs associated with infrastructure that is neither trunk nor non-trunk cannot be recovered through an infrastructure contribution (i.e. a charge or condition). This infrastructure is required to be funded by the relevant local authority through another source, such as rates or grants or is not provided. The distributor-retailers have only one other source of revenue to fund such matters, which is user charges for water and sewerage services.


Since the commencement of the maximum charges framework there has been motivation for local authorities not to identify trunk infrastructure within their infrastructure planning documents. Infrastructure not identified can then be considered non-trunk, enabling local authorities to condition a development to deliver the infrastructure in addition to paying a charge and reducing the amount of offsets, credits and refunds available.

Some stakeholders have indicated that local authorities deem all unidentified infrastructure as non-trunk infrastructure, regardless of whether the infrastructure item


will be shared with other existing or future developments. In these cases, the developer is responsible to provide and fund the infrastructure and is not entitled to offset it against a charge.


Provide a clear and consistent approach to identifying trunk and non-trunk infrastructure.


Table 7—Identification of trunk and non-trunk options

Option Key features

1. Status quo Trunk infrastructure is infrastructure identified by the local authority in a LGIP or Netserv Plan.

All other infrastructure is considered non-trunk.

2. Introduction of ‘deemed trunk’ principles

Trunk infrastructure is infrastructure which will be shared between developments.

Trunk infrastructure is identified in a LGIP or Netserv Plan.

The state prepares a detailed guideline identifying standard specifications of trunk infrastructure to ensure consistency across LGIP and NetServ Plans.

A trunk infrastructure test process, included in regulation, is to be used by local authorities and developers to determine which unidentified infrastructure is trunk infrastructure.


Currently, the definition of trunk infrastructure is directly linked to the infrastructure identified in a local government PIP. That is, if the infrastructure is shown in the PIP, it is ‘defined’ as trunk infrastructure. This approach necessitates the identification and documentation of all trunk infrastructure within a PIP. Such an expectation is unreasonable, as trunk infrastructure requirements are influenced by many factors over time, including changes to the planned type, location, design and intensity of future development.

Netserv Plans operate somewhat differently but typically identify trunk water and sewerage infrastructure as well as non-trunk or reticulation infrastructure.

On this basis, it is reasonable to assume that some infrastructure not identified in a local authority’s infrastructure plan could be trunk infrastructure. As such, a clearer and more


consistent basis to determine whether unidentified infrastructure is trunk or non-trunk is necessary.

In this regard, it is proposed that a set of tests could be implemented to achieve this. The tests would be based on:

infrastructure identified in a LGIP or Netserv Plan

state specifications for trunk infrastructure (e.g. minimum pipe diameter for trunk water reticulation)

principle-based evaluation.

Using the tests an applicant could appeal to the local authority for conditioned infrastructure to be deemed trunk infrastructure and therefore eligible for an offset or refund. Additionally, the state specification and principle-based tests could inform the following processes:

the development of plans for trunk infrastructure within a LGIP and Netserv Plan

decisions on offsets and refunds when issuing a development approval which includes conditions for unidentified trunk infrastructure

negotiations regarding offsets and refunds following the issuing of a development approval

dispute resolution processes.

A possible trunk infrastructure test process is outlined below.

The proposed test process could be introduced upon the commencement of the new framework (from 1 July 2014) or deferred (e.g. by two years) to provide local authorities time to transition to the new arrangements.


provides a link between a group of premises and the defined and mapped trunk network

would otherwise have been identified as ‘trunk’ infrastructure where the demand and development pattern was fully known in detail at the time of developing the infrastructure plan.

In addition to tests 1 and 2, a further principles-based test could be applied for infrastructure that does not meet the minimum standard but provides a ‘trunk function’ by:

facilitating development of other premises by enabling increased development or overcoming deficiencies in service through its provision

Test 2: Does the infrastructure meet the minimum specification for trunk infrastructure?

All infrastructure which is conditioned and is at or above the minimum standard, could be deemed trunk infrastructure. For example:

infrastructure which is identified after detailed network planning as additional to that in the infrastructure plan and meets the minimum standards

infrastructure which provides an alternative solution to the planned infrastructure in the infrastructure plan and meets the minimum standards.

Test 3: Where the infrastructure does not meet the minimum specification, does it provide a ‘trunk function’?

Proposed trunk infrastructure test process:

Test 1: Is the infrastructure included in a local authority’s infrastructure plan?

Where infrastructure is included in the plan it is considered trunk infrastructure.

Stakeholder feedback

During the workshop process, stakeholders raised a number of concerns regarding the introduction of principles to provide for deemed trunk infrastructure. It was noted that some trunk infrastructure which is required at the time of a development approval is necessary to maintain public safety (e.g. traffic permeation, sewerage discharge, fire-flow). This infrastructure will ultimately be shared and could be considered as trunk. However, the need for the infrastructure only arises due to a particular development and would not have otherwise been built. The equity of the community or other developments being required to pay for this infrastructure is therefore questionable.


This proposal also requires local authorities to accept increased responsibilities and workload and a decrease in revenue. Currently, some local authorities are not able to sufficiently recover the cost of infrastructure delivery through infrastructure charges, with some authorities quoting a cost recovery from infrastructure charges at less than 50 per cent. The above proposal will likely further diminish this return while requiring a higher degree of planning and administrative processes. Additionally, distributor-retailers are also required to return 30 per cent of their infrastructure revenues to their owner local governments, further impacting their cost recovery from charges.

The proposal may also impact on a local authority’s decision to approve development as the approval may create a contingent financial liability for the authority.

Have your say



General Do you support the development of a ‘test-based’ approach to support the identification of trunk and non-trunk infrastructure?

5.3 Infrastructure planning Section 88 of SPA requires all local governments to adopt a PIP into their planning scheme. Likewise distributor-retailers are required to prepare Netserv plans2. PIPs and Netserv Plans include detailed plans for the provision of infrastructure for up to 20 years or longer, the cost of that infrastructure and background information that informed that planning, including design standards and population and employment growth projections.

Infrastructure planning provides critical information to inform local authority decisions about the most efficient and effective development pattern for an area.

Discussion paper:

2 Developed under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009


As well as informing land use planning, infrastructure planning has key functions within the infrastructure framework, including:

providing the basis for imposing infrastructure conditions on development

informing decisions about what infrastructure will receive an offset, credit or refund

supporting other local authority business processes such as financial plans, asset management plans, budget cycles and capital works programs.


Prior to the introduction of the maximum charges framework, local authorities were concerned that the level of detail required in PIPs and the process for approval of PIPs was onerous and resources-intensive.

With the introduction of the maximum charges framework the level of detail required in a PIP was reduced. However, as PIPs form the basis for conditioning practices within the infrastructure framework, the reduction in detail has impacted on the clarity and consistency of conditioning, crediting, offsets and refunds processes.

Other stakeholder concerns include:

- the assumptions that underpin PIPs vary significantly between different local government areas

- PIPs are time consuming to amend, which impacts a local government’s ability to levy contributions which are reflective of the up-to-date information.


Establish a planning process which supports infrastructure contribution, while being less complex to draft and understand.



Table 8—Infrastructure planning reform options

Option Key features

1. Status quo Local governments are required to include a basic level of infrastructure planning in a planning scheme.

Distributor-retailers undertake detailed infrastructure planning in Netserv Plans.

A less prescriptive state government approval process is maintained.

2. Standardised infrastructure planning

Local authorities would be required to include an infrastructure plan in their planning scheme. The inclusion of infrastructure plans in a planning scheme could be deferred for 12 months after a planning scheme is adopted.

The state would provide guidance to support standardisation of format and content within a PIP. This will support local government in drafting infrastructure plans, support a fast review process and make the plans easier to understand and use.

Infrastructure plan approval processes would be expedited through a third party review process.

A less rigorous process for amending infrastructure plans would be implemented where the amendments are not significant.

Local authorities will have two years in which to draft a new infrastructure plan.

Those local authorities which have not drafted an infrastructure plan which is consistent with the new methodology or do not require detailed infrastructure planning, will be required to levy charges under a lowered cap amount.

Note: Distributor-retailers must provide in their NetServ Plans, a high level of detail on their current water and sewerage networks and proposed network extensions – which underpins their charging, and the price monitoring of their capital works programs and pricing by the Queensland Competition Authority. Similarly disciplined approach would be required of distributor-retailers to substantiate using planned charges, however there may be some variances to allow for the existing requirements for economic oversight.



Section 6 of the discussion paper outlines the two options which local authorities may choose for determining infrastructure charges, which are:

capped charges that are based on maximum rates prescribed by the state government (similar to the current SPRP charges but subject to some refinement of rules)

planned charges are calculated based on the infrastructure and associated costs identified in the infrastructure plan (subject to refinement of rules).

While the infrastructure planning requirements for a capped or planned charges arrangement would be the same, a greater level of rigour would be required for the latter option. Those local authorities that undertake a planned charges arrangement would be required to justify how they arrived at the calculated costs and associated charges.

Table 9 outlines the proposed infrastructure planning processes for a LGIP that would be required for the capped and planned charges under reform option 2.

Table 9—Proposed infrastructure planning process

Capped charges

Planned charges

Infrastructure planning process

Application of consistent estimates of growth in population and employment.

Develop a common set of assumptions about the type, scale, location and timing of development.

Identify the capacity for localities to accommodate growth.

Determine the required standard of infrastructure services (desired standard of service).

For purposes of each infrastructure network, conversion of population and employment estimates to standard demand units (e.g. equivalent persons or ‘EP’ for water and sewer networks) that can be applied across different types of residential and non-residential development.

Determine the planned demand for different geographical locations.

Use maps and schedules of works to identify existing and future trunk infrastructure (and its estimated timing) necessary to service development.

Determine the construction costs associated with the identified infrastructure.


Demarcate the priority infrastructure area or equivalent area for a distributor-retailer where services can be provided most efficiently in the next 10–15 years to service development (the infrastructure planning horizon is not limited to this period and extends to the extent of the urban zoned land in the planning scheme).

Using the estimated cost of infrastructure, develop a cost schedule per network demand unit.

The methodology outlined in Table 9 is similar to the process that was in place prior to the introduction of the capped charges regime for local governments and would be more resource intensive for local authorities than the current system. The proposed option to reinstate a higher level of detail into infrastructure plans is intended to bring greater clarity and consistency to the infrastructure conditioning, offsetting, refunding and infrastructure agreement processes for local governments.

While the imposition of capped charges and associated conditions are not necessarily dependent on the quality of an infrastructure plan, the extent of certainty provided by infrastructure plans about the provision of trunk infrastructure should benefit the local government development assessment and approval processes from an operational point of view. This outcome should be of benefit to both local government and the development sector.

Infrastructure planning requirements for distributor-retailers are established through the South East Queensland Water (Distribution and Retail Restructuring) Act 2009. To avoid over-regulation and duplication of process a review of these requirements prior to incorporating Netserv Plans into the standardised infrastructure framework will be undertaken. The department is working in collaboration with the Department of Energy and Water Supply on this issue.

Standardisation of infrastructure planning methodology

To assist local authorities in developing infrastructure plans which contain a high level of consistency and rigour, the state is proposing to standardise some aspects of the planning process. There are three key ways in which the standardisation of the planning may be implemented through the new framework:

1. standardisation of the methodology for apportioning costs

2. a standard Schedule of Works model

3. standard demand generation rates.

1. Standard methodology for apportioning costs

Infrastructure plans identify trunk infrastructure and costs associated with providing it. By apportioning the cost of trunk infrastructure across the demand for infrastructure


(generated by residential and non-residential uses) within an area serviced by a network, it is possible to calculate an average cost rate per unit of demand (e.g. per house).

There are two common methodologies used to apportion the cost of infrastructure:

Average cost methodology: The total cost of infrastructure (including existing and future infrastructure) is divided by the total estimated demand (including existing and future demand), to calculate a cost rate per demand unit for a network (service) area. This methodology apportions the cost of all trunk infrastructure across all of its users.

Incremental cost methodology: The estimated cost of remaining infrastructure capacity and any future infrastructure that is necessary to service future demand is divided by the future demand.

In practice it is difficult to determine remaining capacity for different components making up a network, which changes constantly as new development takes up capacity. At the same time, existing development may also benefit from future infrastructure. It is a complex process and accuracy or appropriateness of methodology is difficult to verify by third parties. It often results in a higher charge rate than average apportionment methodology. Stakeholder feedback is sought regarding the most suitable methodology for use by local authorities.

2. Standard schedule of works model

Infrastructure plans include maps identifying existing and future trunk infrastructure and schedule of works spreadsheets to capture data and generate outputs (e.g. to calculate a cost rate per demand unit). For purposes of discussion, this will be referred to as the schedule of works model.

Currently, the approach and format local governments follow to capture, calculate and present data is not prescribed and results in variation of methodologies and outputs. Standardisation of the schedule of works model could provide benefits such as a simplified third party review process and improved developer and public understanding of infrastructure plans. Benefits to local authorities would include the simplification of infrastructure plan development due to the availability of an ‘off the shelf’ schedule of works template which can be populated with local data to suit individual circumstances.

The state has developed draft standardised templates for the individual infrastructure networks and a supporting user manual for potential use by local authorities. The schedule of works model calculates costs per demand unit based on the average cost methodology. In addition it includes a standard approach to the application of a discounted cash flow methodology to calculate the net present value of future infrastructure costs and revenues. The use of this methodology would be optional.


Copies of the schedule of works template and its user manual can be downloaded from the department’s website at the following link: www.dsdip.qld.gov.au/forms-

templates/infrastructure-charges.html. Local authorities are encouraged to test the template and user manual and provide feedback as part of the consultation process.

3. Standard demand generation rates

Where a local authority requires a developer to provide trunk infrastructure it is relevant to consider how to apportion the share of use and associated cost of that infrastructure between developments. A solution used by infrastructure planners is to determine a common unit of demand that can be applied for different types of development. For example, a typical unit of demand used for water and sewerage is ‘equivalent persons’ (EP). Based on consumption data, network planners are able to determine the average rate of demand per square metre for different types of non-residential uses or the average rate of demand for a dwelling type.

This approach is generally applied by network planners for water, sewer and roads to estimate the demand for infrastructure and the associated costs. It is important that the concept of demand is applied consistently throughout the infrastructure planning process as well as during its implementation. Total demand for a network service area is used to determine the required capacity of the network to service development and informs its design. The same total demand figure is used to calculate the cost per demand unit for that network service area. When assessing development applications against the LGIP to calculate demand generated by the proposal, these demand generation rates should be calibrated to be consistent with the planned demand.

Where calculation of charges is based on infrastructure plans, the demand impact of proposed development is measured to calculate charges. For this purpose demand generation rate tables for different use types are used to calculate demand that will be generated by individual development applications. Currently these table formats differ between local governments and are not always appropriately calibrated. To address this, the following process may be applied as a possible test to improve accuracy:

based on the assumptions of the LGIP, determine the total planned demand for each network service area (identify the average demand assumptions for different use types which was used to calculate the total planned demand)

determine the total infrastructure cost for the service area

determine the average cost rate per demand unit (total cost divided by total demand)

test the demand generation table against this information to ensure its demand generation rates are consistent and will not result in over recovery of costs for the network service catchment.


http://www.dsdip.qld.gov.au/forms-templates/infrastructure-charges.html

http://www.dsdip.qld.gov.au/forms-templates/infrastructure-charges.html

An alternative is to consider options to generate a standard demand generation table generally based on average rates of demand for different uses. Specialist input will be required for this and need to be developed in consultation with key stakeholders.

Third party review and amendment processes

The following options are proposed to streamline the review and amendment processes for infrastructure plans by introducing:

a third party certification process

a simplified and shortened process for amendments, which are not significant, to infrastructure plans.

Third party review

A third party review process is intended to address concerns from local government that the pre-2011 PIP review process was onerous, resource consuming and did not include an appropriate scope. It is proposed that these reviews will be undertaken by an independent non-government entity.

An improved review process would involve third party certification which would be undertaken for all infrastructure plans regardless of whether the local authority adopted a capped or planned charges approach.

As infrastructure plans form the basis for the calculation of infrastructure charges under the planned charges option, a more detailed review process would apply to ensure these charges are justified. All inputs that affect the calculation of the charges outputs would be reviewed. To facilitate consistency, transparency and review processes, use of a standard schedule of works spreadsheet model would be required.

The state’s role in the review process would include certification of all third party review entities and auditing of the review process. Further work to progress this proposal will be undertaken by the department based on feedback received.

Streamlined process for amending infrastructure plans

PIPs are currently difficult and time consuming to amend, which can lead to the inclusion of outdated or incorrect information. This impacts a local government’s ability to levy contributions which are reflective of the circumstances on the ground. It is proposed that a streamlined process for making minor amendments to infrastructure plans would address this matter.

Transitioning infrastructure plans

Existing PIP and Netserv Plan infrastructure scope and schedule of works requirements vary from the above proposals. Upon implementation of the new framework, possible changes to infrastructure scope, rules about charges, conditions and offsets will apply


generally. Consequently, until new infrastructure plans are adopted, local authorities will be required to assess the relevance of identified trunk infrastructure and associated conditions on a development application case by case basis to ensure it complies with the new rules.

To streamline development assessment and approval processes, it is desirable that existing infrastructure plans be updated to reflect the new framework requirements. To incentivise a fast and efficient transition from the current capped charges arrangement to the new framework, it is proposed that all local authorities will have a set period from the commencement of the reforms (e.g. two years) in which to complete and adopt a new LGIP or updated Netserv Plan. Those local authorities that do not complete an infrastructure plan within the set period will be restricted to a reduced capped amount, until a plan has been adopted.

An additional option is to require local governments to include an approved infrastructure plan within a planning scheme within a year of the planning scheme’s adoption. This will facilitate the continued development of planning schemes and allow local governments to prioritise resources.

Also, it is recognised that many local governments do not have detailed future infrastructure plans due to either limited or no growth occurring. In these instances, a lesser degree of rigor will be required in their infrastructure plans and as a result the council would be restricted to a lesser capped charge. This would apply for local authorities whose network planning is limited. In these instances, the ability to condition for necessary trunk and non-trunk infrastructure would still apply if development occurs, however much lower infrastructure charges would apply.


Have your say

General Do you support increased standardisation of the infrastructure planning process through: 1. a standard methodology for apportioning costs

2. standard schedule of works model

3. standard demand generation rates?

Of the options presented in the paper, which standard apportionment methodology do you prefer? Why?



Should the standardised infrastructure planning approach apply to both Netserv Plans and LGIPs?


6. Part 2: Framework mechanism options

6.1 Capped charges The central element of the infrastructure charges reforms introduced in July 2011 was the establishment of maximum charges for residential and non-residential development. The capped charges were established through the SPRP 3 and replaced previous PIP and PSP charging mechanisms.

Under the existing framework, when levying infrastructure charges, local authorities are limited to the maximum charges as specified in the SPRP, however, retain the flexibility to set charges at an amount equal to or below the maximum.


The certainty and simplicity of capped infrastructure charges has been supported by both local authorities and development industry stakeholders. However, stakeholders have also identified a range of concerns with the capped charges, including:

that the charging metric (per bedroom for residential development and per square metre of GFA for non-residential development) does not link a development’s infrastructure charge with its infrastructure demand

the need for better alignment of charge categories and land use/development types to reflect demand for infrastructure

charges for non-residential development being too high on the basis that the existing methodology apportions a high degree of traffic generation to non-residential developments.


Establish capped charges that have regard for local authority financial sustainability and development feasibility.

Discussion paper:

3 A copy of the State Planning Regulatory Provision (adopted charges) 2012 may be obtained from the Department of State Development, Infrastructure and Planning website (www.dsdip.qld.gov.au)



6.1.3 Discussion

The maximum charges applicable to the long-term framework will be influenced by the possible reduction in the scope of infrastructure and changes to supporting elements of the framework (such as conditions, offsets and credits). As a consequence, a meaningful evaluation of the capped charges can only be undertaken once reforms to the broader framework have been confirmed.

In this regard, the discussion paper does not propose reform options for the existing capped charges. Instead, following the conclusion of consultation on the discussion paper, the department will commence a detailed analysis of the capped charges. The analysis will:

quantify the impacts of the framework reforms on the capped charges and identify new cap ranges where appropriate

consider options for the differentiation of charges based on location and development type

be undertaken in parallel with the implementation of other elements of the reform agenda and be informed by expert infrastructure planning and financial analysis

take into consideration local authority sustainability and development feasibility impacts

include consultation and engagement with local authorities and development industry stakeholders to support informed and evidence-based decision-making

include consideration of the transport demand apportionment methodology for non-residential charges.

It is proposed that the capped charges analysis will be complete by 31 January 2014.

Charge differentiation

During the stakeholder workshops, three options for the differentiation of charges were considered:

statewide charge

location based differentiation (i.e. urban charges versus regional charges)

development type differentiation (i.e. infill development versus greenfield development).

While a statewide charge supports a simple and consistent approach to infrastructure charges, it does not accommodate regional variations in development conditions and


infrastructure delivery costs that exist across Queensland. Differentiation by development type was also proposed on the basis that greenfield development requires new infrastructure to service development, while infill development is delivered within existing infrastructure catchments. An initial review by the department, indicates that differences between infill and greenfield development are small (refer to Tables 4 to 6 for more information).

These options for differentiation of infrastructure charges will be considered in more detail during the charges analysis.

Refinement of charge categories

Under the SPRP, infrastructure charges are levied using a demand metric that is based on the number of bedrooms (for residential uses) and gross floor area (for non-residential uses). Based on feedback received from stakeholders and the department’s review, a number of possible refinements have been identified.

For residential development:

dormitory-style accommodation (such as backpacker accommodation) has been identified as unsuitable for charging on a ‘per-bedroom’ basis. It is proposed to implement charging for dormitory-style accommodation based on per bed basis; and

‘retirement facilities’ currently have a maximum charge equivalent to a dwelling house (i.e. $28 000 for a three or more bedroom dwelling or $20 000 for a one or two-bedroom dwelling). Charging on this basis is considered to overstate the infrastructure demand of retirement facilities.

For non-residential development, existing charges for ‘warehouses’ and ‘residential care facilities’ have been identified as overstating the development’s demand for infrastructure. Additionally, the Schools Regulatory and Financial Reform Sub-Committee has recommended the metric for charges for ‘education facilities’ should be based on student numbers, not gross floor area. These issues will be considered in more detail during the charges analysis.


Have your say

Do you support the proposed refinement of charge categories?



Refinement of charge categories

Charge differentiation Do you support the differentiation of infrastructure charges (either by location or infill/greenfield development)?

6.2 Planned charges Prior to the commencement of the maximum charges framework local authorities determined their infrastructure charges based on plans for existing and future infrastructure, established through their PIP or PSP. PIP and PSP based charges provided local authorities with the ability to set charges in accordance with the costs of infrastructure.

The maximum charges framework removed the requirement for charging to be linked to infrastructure planning in a PIP or PSP.


Since the commencement of the maximum charges framework, local authorities have identified a need for the ability to set infrastructure charges above the capped maximums where these charges are not financially sustainable. Stakeholders have been critical of a lack of clearly defined process to facilitate this within the existing framework.


Establish a mechanism through which a local authority can adopt infrastructure charges that exceed the capped charges.

6.2.3 Discussion

The capped infrastructure charges option is proposed to be the default requirement for all local authorities. Planned charges are proposed to be available in circumstances where a local authority can demonstrate that the capped charges create long-term financial sustainability issues.

Planned charges could be based on a standardised infrastructure planning approach generally outlined in the discussion under section 5.3 (Infrastructure Planning). The use


of the standard schedule of works spreadsheet model would be mandated to ensure a consistent approach is followed and all information relating to the charge calculations is available in a transparent manner. These infrastructure plans would be subject to third party review and certification.

Through the workshop process stakeholders identified the need for an additional level of review prior to local authorities levying planned charges. It was suggested that this should include an evaluation of both local authority sustainability and development feasibility in the context of the proposed planned charges.

The following sections present one option to achieve this proposal.

Sustainability test

A possible process for a local authority to seek to transition to planned charges is identified in Figure 3.

Figure 3–Planned charges assessment process

Local authority assessmentA local authority identifies a need to move to a planned

charge due to impacts on financial sustainability

Local authority financial analysis Local authority financial sustainability tested by

independent expert

Development feasibility analysisFeasibility assessment on areas impacted by proposed

changes to infrastructure charges

Ministerial determination

It is important that any decision to move to a planned charge has regard to the impact of this change on the dual outcomes of local authority financial sustainability and development feasibility. Figure 4 demonstrates the connection between these two outcomes and recognises that both are necessary for economic growth.


Figure 4—Feasibility and sustainability connectivity

Local authority financial sustainability

Local authority financial sustainability is a priority for all levels of government, the community and the private sector. The capacity of local authorities to continue to deliver core services and develop infrastructure is critical to business confidence, as well as economic and community development. Financial sustainability is determined by the ability to balance and maintain financial capital and infrastructure capital over the long-term.

In Queensland, the Queensland Treasury Corporation (QTC) undertakes annual financial sustainability reviews of local authorities. The indicators adopted to consider the sustainability of financial and infrastructure capital are outlined below.

Table 10—Local government financial sustainability indicators

Evaluation element Indicator

Infrastructure capital sustainability

The measures are seeking to identify:

the level of consumption of the existing asset base;

the level of renewal of the existing asset base

the local government’s capacity to fund the level of investment needed.

Over the period of the forecast, with measures expressed annually and on a rolling average basis:

asset sustainability ratio

asset consumption ratio

interest coverage ratio.


Financial capital sustainability

The measures are seeking to identify:

the working capital capacity

the financial capacity of the local government as represented in the statement of financial position

the ability to fund the ongoing operations of the local government.

Over the period of the forecast, with measures expressed annually and on a rolling average basis:

working capital ratio

net financial liabilities ratio

operating surplus ratio.

Source: Department of Local Government and Planning Financial Management (Sustainability) Guideline 2011

A range of factors can have a significant influence on the financial sustainability of local authorities, including:

sophistication of network planning

divergence of planning sophistication including consideration of shifting demographics

growing demands on local authorities resulting from:

- devolution of state and federal responsibility for services to the local authority level

- increased complexity/ standard of services required of local authorities by other tiers of government

- withdrawal of direct funding support to local authorities in the context of tightening budgetary and fiscal settings

- increased community expectations and demands for improvements in existing local authorities services

- policy choices by local authorities to voluntarily expand their service provision

ageing infrastructure assets and asset valuation methods

volatility in rate revenue and other funding sources to local authorities.

Key elements of analysis required to determine the impact of charges on local government financial sustainability are:

cost recovery: the level of cost recovery that a local authority is able to achieve through the charges regime, noting that infrastructure charges are not intended to achieve 100 per cent cost recovery for trunk assets


infrastructure delivery: management of infrastructure delivery and associated costs are a critical consideration for a local authority

revenue contribution: the profile of infrastructure charges relative to cash flows is an important component of the broader financial sustainability equation

debt: the propensity of local government to fund infrastructure funding shortfalls through debt has a critical impact on long term financial sustainability

asset management: costs to maintain and renew network assets.

Development feasibility

Development feasibility is used to assess the viability of a project. Forecasting the financial viability for project decision-making requires a series of informed assessments and assumptions in respect of macroeconomic factors and development specific factors.

Development feasibility key considerations differ considerably between types of developments, development proponents, location, funding and a variety of other factors.

The assumptions built into any development feasibility model will vary depending upon the development proponent, location and a variety of other factors. Table 11 outlines some of the key assumptions which could be considered when assessing development feasibility across local authority areas. Given the distinct characteristics which impact individual developments, it is difficult to provide an exhaustive list of feasibility assumptions.

Table 11—Example development feasibility assumptions

Development feasibility input

Assumptions for consideration

hypothetical lot size, location, condition, contamination status, impervious area, fixture units

Lot

type of proposed asset(s) including residential, retail, commercial, industrial, on completion gross floor area/number of lots

Asset

Planning degree of planning risk borne by the developer

total sales/gross realisation

gross realisation rates/square metres Revenue

rent (gross face or net face), capitalisation rates

Discussion paper:

land purchase costs Costs

construction costs

professional fees


Development feasibility input

Assumptions for consideration

statutory fees i.e. land tax, municipal rates, fire service levy, water

tenant incentives

contingency (construction, project)

quantum of leverage and on what terms i.e. level of pre sales or tenant pre commitments required to obtain finance

target development margin (or commonly known as profit/risk margin)

estimated timings from land purchase, development approval, construction and realisation

Timing

The proportion of infrastructure charges relative to total construction costs varies between developments reflecting a range of factors (e.g. development type and use, site location and conditions, building design, land costs, lending conditions and economic outlook). However, variations in the proportion of infrastructure charges relative to total construction costs can have a material impact on project returns.

When assessing the impact of increases in infrastructure charges beyond the maximum adopted charges, testing the broad impact on the viability of development will need to take into account a range of key considerations and make an assessment whether or not, despite the increase, a reasonable return for risk can still be achieved on property development based on the market conditions into the near term.

Proposed planned charge assessment process

An indicative process for the assessment of impacts that could be applied to a local authority’s consideration of moving to a planned charge is outlined below. The approach outlined tests both outcomes, involves an assessment by an independent entity and provides an independent recommendation to the Planning Minister.


It is recognised that although financial sustainability methodologies currently exist these do not directly consider the impacts of infrastructure charges on long-term local government and distributor-retailer sustainability. Should the option to include financial sustainability and development feasibility tests be adopted as part of the preferred reforms, the department will work with the QTC, in their capacity as an independent expert in this field, to further develop appropriate methodologies. Where possible, this process would build upon existing methodologies already in place to limit duplication and allow for a more informed analysis of the specific impacts of infrastructure charges.

Discussion paper:

If financial sustainability is not feasible, consideration will be required to ascertain the approach likely to be taken to fund infrastructure development. This should specifically focus on the scale of the shortfall, and the propensity for the local government to fund this shortfall through a reallocation of general revenue; the increase of revenue through rate uplift; draw down on savings; or the debt financing of the shortfall.

This will allow for the determination of the quantitative impact of the shortfall on the local government’s financial position.

Step 3—Impact analysis

The specific financial shortfall associated with the charges framework, as well as the financing alternative selected by the local government to resolve this shortfall will allow for a more detailed analysis of the impact of these measures on local government financial sustainability. It is proposed that the QTC act in their capacity as an independent expert in this field to undertake a detailed financial sustainability review of the local government.

Proposed planned charges assessment process

Local authority identification of planned charge

A local authority would determine whether or not to enter into an impact assessment process to pursue a planned charge. They would then need to facilitate the two separate impact assessment processes below before submitting the findings to the Minister for Planning.

Local authority financial sustainability component

Step 1—Network review

This step involves the determination of the cost profile for delivering the infrastructure network required to service long term growth, by reviewing the asset management plan and the PIP.

Step 2(a)—Review infrastructure scope

The local authority would need to consider the approach taken historically, and estimated to be taken in the future with respect to infrastructure development.

The analysis would progress to step 2(b) should the local government determine that financial sustainability was not feasible through the review in the scope of infrastructure.

Step 2(b)— Financing options


The proposed amendments to infrastructure charges would be either accepted and implemented or rejected. It is proposed that a sunset clause of between 3–5 years is set from the date of implementation to a requirement for review.

Step 3—Ministerial determination

The findings of the independently reviewed impact assessments would be presented to the department for review and Ministerial determination on whether or not to approve a planned charge.

Ministerial decision

Proposed development feasibility assessment process

Step 1—Feasibility assessment

Local authorities identify areas impacted by proposed changes of infrastructure charges, assess the development viability of those areas and prepare a report.

When conducting feasibility assessment across the identified areas, the local authority would need to consider a defined set of assumptions which will assist with fluctuations arising from the very specific nature of development feasibilities. These assumptions would be developed by the department in conjunction with local authorities and development industry stakeholders, and with reference to the Rawlinson Construction Cost Guide.

Step 2—Third party review

It is expected that an independent third party would be provided with information including but not limited to the report. The independent third party would be required to review and assess all relevant submitted information, undertake research, testing, and formalise a binding recommendation.

As development feasibility analysis would be conducted for a local authority area, rather than site-specific or project-specific locations, it is proposed that individual developers would not be able to appeal the quantum of the planned charge on the basis that it makes an individual project unfeasible.

Have your say

Discussion paper:


General





http://www.rawlhouse.com/aust_construction_cost_guide.html

http://www.rawlhouse.com/aust_construction_cost_guide.html

7. Part 3: Framework element options

7.1 Conditions In addition to levying infrastructure charges, local authorities can also impose conditions on a development approval for the provision of infrastructure. Infrastructure conditions are an important mechanism though which local authorities can manage the impacts of unplanned or out-of-sequence development. Infrastructure related conditions are typically used to:

provide infrastructure required to service a development site which is located within that site, or which connects the site to existing infrastructure networks (non-trunk infrastructure)

address issues regarding the availability, capacity or protection of trunk infrastructure networks

address infrastructure design, location, scale and type impacts from development that is considered ‘out-of-sequence’ or ‘inconsistent’ with the local authority’s planning.

Currently, the relevant South East Queensland local governments impose infrastructure conditions on behalf of distributor-retailers. Under the proposed utility model, distributor-retailers will act independently and will be subject to the same approach to infrastructure contributions arrangements as applies to local governments under SPA.


Since the commencement of the maximum infrastructure charges framework in July 2011, the development industry has expressed concern regarding the potential for cost shifting through the application of infrastructure conditions. As outlined in section 5.2 of the discussion paper, the shifting of costs from infrastructure charges to conditions results in a developer paying a charge for infrastructure which they have also been conditioned to provide with no prospect of offsetting those costs in some circumstances.


Ensure infrastructure conditions are imposed in a fair and consistent manner.



Table 12—Conditions reform options

Option Key features

1. Status quo Conditions are imposed for the provision of infrastructure which is within a development site and/or connects a development site to the existing infrastructure networks.

Conditions can be imposed to address issues regarding the availability, capacity or protection of ‘in-sequence’ trunk infrastructure.

Conditions can be imposed for infrastructure in relation to ‘out-of-sequence’ or ‘inconsistent’ development.

Development approvals are required to clearly outline conditions and provide detail on why conditions have been imposed.

2. Introduction of ‘deemed trunk’ principles

Current arrangements for conditions are maintained.

The trunk infrastructure tests are used to determine infrastructure which is conditioned but is not identified in a planning scheme as trunk or non-trunk.

Where infrastructure is ‘deemed trunk’, an offset or refund is available.

Further guidance on the requirement to include details on conditioning and heads of power statements will be provided to assist in achieving this objective.


It is proposed that the current arrangements for conditioning of non-trunk infrastructure are retained. In regards to trunk infrastructure, it is proposed that a local authority can require the provision of both identified and non-identified trunk infrastructure. However, if unidentified infrastructure is found to be trunk, the local authority may be required to offset the cost of the infrastructure. The proposed options for conditions need to be read having regard to the proposed options outlined under sections 5.1 and 5.2 of this discussion paper.

In regards to the proposal for further detail in a development approval regarding conditions, sections 626, 626A, 649, 650, 651 and 652 of SPA currently require a local authority to provide some justification for why an infrastructure condition has been imposed. Despite this requirement, feedback from stakeholders indicates that often


there is no information on what section of the Act a condition is made under or whether the infrastructure conditioned is trunk or non-trunk.

This lack of information leads to uncertainty about the availability of an offset or refund. The requirement to include further information on infrastructure conditions in development approvals is intended to provide greater transparency in relation to local government decisions on infrastructure conditions.

Have your say

General What impacts do you consider the proposed option would have for you (your organisation)?

Local authority focus Do you have any current mechanisms that are used to determine unplanned (i.e mapped) infrastructure to qualify as trunk or non-trunk for the purpose of setting conditions?

Could you envisage that such criteria would reduce the amount of negotiation currently undertaken to resolve disputes of this nature?

Could you estimate the number of applications received where the identification of infrastructure which is trunk or non-trunk was unclear?




7.2 Offsets and refunds A local authority may, in addition to the payment of infrastructure charges, condition a development approval to supply trunk infrastructure or land. To ensure the value of works or land provided under a condition are accounted for, the infrastructure charges framework requires the value of infrastructure works or land to be offset against the value of the infrastructure charge. Where the value of the works exceeds the amount of a charge, a refund may be provided for the value of works exceeding the charge.

Currently, offsets and refunds are determined through a negotiation process and set out in an infrastructure agreement. Additionally, there are no requirements to provide offsets or refunds for infrastructure which is not identified within a planning scheme.


7.2.1 Stakeholder Issues

The absence of a supporting guidance framework for offsets and refunds has resulted in considerable uncertainty for the development industry and local authorities. This uncertainty is supported by the findings of a 2012 review of the maximum infrastructure charges framework, which identified significant differences in the offset approaches of local governments and found that some local governments did not have a formal offsets policy.

The review also found that local authorities use a range of offset valuation methods which often result in underestimating the value of the offset to be provided including: excluding works or items from the calculation that are necessary for infrastructure delivery; using the estimated establishment cost as the base method to determine works costs; and/or using a pre-market estimate to determine offset values.


To provide greater clarity and certainty regarding the process for calculating and applying offsets and refunds.

Table 13—Offsets and refunds reform options

Option Key features

1. Status quo Local authorities are required to provide offsets and refunds for infrastructure identified as trunk infrastructure in the planning scheme (at planned value).

Offsets are determined through an infrastructure agreement negotiation process.

2. Actual value for offsets

Offsets are available for identified trunk infrastructure.

The default methodology for calculating offsets is based on planned cost (establishment cost).

Alternatively, the applicant may seek offsets calculated at the ‘actual value’ of the infrastructure. To achieve this, applicants would be required to undertake a robust procurement process set out by the local authority to ensure that the offset cost represents value for money.


3. Clearer rules about offsets and refunds (actual value or planned value)

Offsets are available for all instances where a condition requires an applicant to provide trunk infrastructure (either identified trunk or deemed trunk).

There are two discrete options for how offsets could be calculated:

‘actual value’ of the infrastructure. Applicants are required to undertake a robust procurement process set out by local authorities to ensure that the offset cost is value for money. Alternatively the applicant can accept the planned cost (establishment cost) and avoid the procurement process; or

planned value as stated in the PIP being the infrastructure plan.

The state sets a standard process for land valuation.

A number of alternatives are explored prior to a refund being provided e.g. a credit is banked, change in scope of the condition etc.

Cross crediting across networks (within an authority’s jurisdiction) is mandatory.

Where a refund is still owing, the applicant is entitled to a refund on the terms agreed with the local authority.

Local authorities must publish information on their offsets and refunds.


Currently SPA (sections 649 to 652) requires a local authority to provide offsets and refunds which are equivalent to the ‘establishment cost’. The establishment cost is an estimated cost of infrastructure made by the local authority at the time an infrastructure plan is drafted. The opportunity to receive an offset at the ‘actual value’ of providing the infrastructure as opposed to the establishment cost or ‘planned value’ is intended to address the gap between the estimated cost of infrastructure and the actual cost. This approach is considered appropriate as it is the cost that a local authority would have otherwise incurred to deliver the asset if it had procured the infrastructure itself.

A significant proposed change is the introduction of offsets and refunds for ‘deemed trunk’ infrastructure. Currently local governments are only required to provide offsets for infrastructure identified in an infrastructure plan. This proposed change recognises that the cost of trunk infrastructure, regardless of whether it is identified or not, should be shared between the users of that infrastructure.


With regards to refunds, it is proposed that cross crediting across infrastructure networks (within the jurisdiction of an entity) must be provided. Additionally a number of alternatives to refunds may be explored to reduce or remove the need for a refund.

An example of an alterative to refunds is credit banking which can be provided in two forms:

1. the retention of credits (held in demand units not cash) from an earlier stage of development under an approval for a later stage of development under the same approval

2. the retention of transferrable credits (i.e. as credits to other sites owned by the same developer in the respective local government area only) if the cost of the infrastructure constructed exceeds the infrastructure charge. This proposal assumes the application of cross crediting and provides for much more certainty for the developer and refund recovery.

Such an approach may help local authorities incentivise development in a local government area. However, it has been recognised that there are several administrative, legal and technical challenges to be addressed, including the need for ‘sunset’ provisions. This approach may also only benefit a small percentage of overall development applications and only the larger developers who construct significant infrastructure as part of the development process.

There was strong opposition from many workshop participants to changing the current arrangements for offsets and refunds. Feedback indicated that the implications of the proposed reform would far outweigh the potential benefits, with implications including:

a slowdown in development assessment processes due to the increase in administrative and cost burden

an increase in refusals of development applications due to the financial burden on local authorities

the review and tightening of land use planning provisions to ensure infrastructure being delivered is aligned with a local government’s planned growth

a significant threat to local authority financial sustainability

the undermining of local authority strategic infrastructure planning and provision.

These implications largely relate to the application of the proposed offset and refund options when applied to ‘deemed trunk’ infrastructure and the offsetting of infrastructure at actual value. This is because local authorities are unable to predict, plan for and


budget for these components of the framework which will increase uncertainty within the framework for local authorities.

Standardised valuation process

Reform option 3 includes a proposal for the state to set a standard process for land valuation. While this would provide greater consistency within the framework, it would also result in a significant increase in the level of state oversight of the valuation process. The implications of choosing a standard valuation methodology would have direct financial implications for the local authorities and the development industry. Feedback on the appropriateness of a state prescribed valuation methodology and parameters that should apply is sought through consultation.

Have your say


What do you believe would be the scale of financial impact associated with any of the options outlined for reform of offsets and refunds arrangements?

What impacts do you believe the proposed options for reform of offset and refund arrangements would have on development activity?




Development industry focus

General Do you support reform of the current offsets and refunds arrangements?

7.3 Credits Credits provide a mechanism through which infrastructure charges for a development may be discounted to account for the existing lawful use rights.

Under the maximum infrastructure charges framework, local governments are able to provide credits to adjust infrastructure contributions payable for the existing lawful use of premises and previous contributions paid. There is a high degree of flexibility on the part of local governments, as the maximum infrastructure charges framework does not mandate the provision of credits or establish a methodology for credit calculation.



Development industry and local government stakeholders have identified a clear need for greater certainty and guidance regarding the application of credits.

A 2012 review of local government crediting arrangements identified a number of differences in local government approaches currently being applied to the determination of credits, with many local governments continuing to use pre-2011 crediting practices under the maximum infrastructure charging regime. This has established a situation where the determination of an infrastructure charge (through the local government resolution) and the valuation of a related credit, are calculated under inconsistent methodologies.

Additionally, the review identified that some local governments have altered crediting approaches under the maximum infrastructure charges regime to reduce the value of credits recognised, or no longer recognise monetary charges previously paid as an applicable credit.


Deliver a certain, consistent and transparent methodology for applying credits that:

is administratively simple to implement and maintain

supports development feasibility estimates and development planning.

Discussion paper:


Table 14—Credits reform options

Option Key features

1. Status quo Crediting remains unclear.

Local authorities are able to determine individual crediting calculation and application methodology.

Local authorities maintain a central record of charges, credits and offsets received for each lot.

The position of distributor-retailers under the current arrangements is not clear.

2. Consistent crediting methodology

Credits are provided for existing lawful use rights (for example, for a 1-into-2 lot residential subdivision where there is an existing house, charges may only be levied for an additional dwelling. Charges cannot be collected for the existing house).

Charges can only be levied for infrastructure demand that is additional to that provided for under existing lawful use rights.

Local authorities maintain a more detailed record of charges, credits and offsets received for each lot to inform the determination of credits.

Detail on local authority crediting policy must be included in their infrastructure plan, resolution or board decision.

7.3.3 Implication of reform options

The option of establishing formalised crediting arrangements is considered an essential step in improving the certainty of the infrastructure charges framework. This is supported by the department’s workshop process, with stakeholders generally supportive of the need to introduce mandated crediting arrangements for existing lawful uses as a means of establishing a clear and consistent methodology.

In regards to including further detail in a record of infrastructure related transactions (i.e. charges, credits and offsets paid/received) for every property, there was acknowledgement that this is a significant administrative burden.


Have your say

How would the establishment of a register for the collation of credits affect you (your organisation) in the preparation of development applications and planning?

Development industry focus

What do you anticipate would be the time and resourcing requirements for a mandated crediting methodology?

Local authority focus


Do you support the introduction of a mandatory crediting methodology for local infrastructure charges?

General

7.4 Appeals and dispute resolution Under the maximum infrastructure charges framework there are two avenues through which an adopted infrastructure charge may be appealed:

1. under section 478 of SPA, to the Planning and Environment Court. An appeal to the Planning and Environment Court may be about the reasonableness of the charge or an error in the calculation of the charge

2. under section 535 of SPA, to the Building and Development Dispute Resolution Committee. Such an appeal may only be about an error in the calculation of the charge.

SPA does not provide for appeals in the methodology used to calculate an infrastructure charge.

Additionally, section 461 of SPA provides for applicants to make appeals about any infrastructure conditions which are included in a development approval.


Both local government and development industry stakeholders have identified existing appeal and dispute resolution processes as being time and resource intensive. Additionally, it is recognised that the Building and Development Dispute Resolution Committee has not been actively hearing cases in regards to infrastructure related disputes.



Reduce the time and cost associated with infrastructure charge and conditions related appeals and dispute resolution.


Table 15—Appeals and dispute resolution reform options

Option Key features

1. Status quo Existing appeal rights and mechanisms remain for both planned and capped charges.

An appeal can be made about:

whether a charges notice is so unreasonable that no reasonable local government could have imposed it

an error in calculation of charges

that a condition imposed is reasonable and relevant.

Following formal lodgement of an appeal to the Planning and Environment Court, a practice direction currently states that the parties to a proceeding involving only infrastructure charges or conditions are to participate in an early mediation4.

2. Pre-lodgement mediation process

Existing appeal rights are maintained for both planned and capped charges.

A Planning and Environment Court mediated dispute resolution process is established requiring parties mediate prior to formal lodgement of an appeal with the Planning and Environment Court.

3. Widening of appeal rights

Expanding existing appeal rights to include one or more of the following:

the methodology used to calculate an infrastructure charge for both planned and capped charges

whether infrastructure which is conditioned is trunk or non-trunk

whether an infrastructure condition is reasonable and relevant

calculation of charge reductions (e.g. credits, offsets and refunds).

Discussion paper:

4 Planning and Environment Court Practice Direction Number 7 of 2013



The benefits of an improved dispute resolution system needs to be balanced against the administrative and financial costs of reform implementation and management.

Infrastructure charges appeals to the Planning and Environment Court represent only a small proportion of the court’s work. For the period 1 July 2012 to 31 May 2013, of 335 new appeals made to the Planning and Environment Court in Brisbane, only 13 related to infrastructure charges matters.

To drive improvements in this area, one option is the establishment of a Planning and Environment Court-led mediation process prior to an appeal being lodged with the court. This would allow for mediation to occur earlier in the dispute resolution process and may negate the need to formally lodge an appeal. The same appeals process would also be applicable to charges applied under the planned charges framework. Impacts on existing appeal timeframes would need to be considered should this reform option be implemented.

It was noted during the workshop process that other proposed elements of the reform framework, including the introduction of mandated credit and conditioning arrangements and a standardised planning methodology, will improve infrastructure charge calculation methodologies and potentially reduce the need for dispute resolution.

Have your say

What time and cost impacts would a Planning and Environment Court led mediation process prior to lodgement of an appeal be likely to have on your (your organisation’s) dispute resolution costs?

Do you support the introduction of a Planning and Environment Court led mediation process prior to the lodgement of an appeal with the court?

General

7.5 Infrastructure agreements Infrastructure agreements are a flexible mechanism through which a local authority and developer can negotiate and agree specific arrangements outside of the maximum infrastructure charges framework. Infrastructure agreements can be used to negotiate infrastructure charge contributions; agree credit, offset and refund arrangements; or set in place other arrangements related to a development.



Feedback received from stakeholders indicates that infrastructure agreements are expensive and complex to prepare, with limited guidance provided under SPA regarding their use and negotiation. Concerns have also been raised about the requirement of some local governments for the establishment of an infrastructure agreement as a condition of a development approval.

This was confirmed through a 2012 review of the maximum infrastructure charges framework. The review identified that some local governments require an infrastructure agreement to be entered as a condition of development approval, with failure to do so being considered failure to comply with the approval. Conversely, the review also noted that some local governments avoid entering into infrastructure agreements wherever possible due to their complexity, legal requirements and inexperience of negotiating infrastructure outcomes through this method.

Additionally, some local authorities are using infrastructure agreements as a mechanism to address all infrastructure charges issues, even where more appropriate alternatives exists.


Provide a flexible, simple and cost effective infrastructure agreement process that facilitates the negotiation of innovative and cost-effective outcomes to support development.

Table 16—Infrastructure agreements reform options

Option Key features

1. Status quo Existing infrastructure agreement framework is maintained

2. SPA reform and infrastructure agreement guidelines

Retain existing flexibility.

Review of infrastructure agreement provisions to improve clarity and transparency in relation to local infrastructure provisions.

Prevent conditions in a development approval requiring an infrastructure agreement.

Prepare advisory guidelines to support infrastructure agreement negotiation.


It is considered essential to retain infrastructure agreements as a flexible alternative to the infrastructure charges framework. The ability to negotiate innovative, cost-effective and mutually beneficial outcomes is important for both local authorities and developers


and supports the development feasibility and local authority sustainability objectives of the government’s reform agenda.

The use of infrastructure agreements will be further supported by improved certainty, consistency and transparency introduced though other elements of the reform agenda, including changes to credits, offsets and conditions.

However, more can be done to provide a simple and cost-effective infrastructure agreement framework. This includes a review of provisions within SPA supporting the use of infrastructure agreements under the infrastructure charges framework and the introduction of reforms to ensure that only existing infrastructure agreements can be the subject of development approval conditions.

Other proposals considered during the workshops include the introduction of a framework to support the negotiation of infrastructure agreements, including guidelines on the principles and requirements of infrastructure agreements, and the possible establishment of a time limit for the negotiation process. Both options were considered during the workshop process, with the value of these options to be considered further following the consultation process.

Have your say

General Do you consider that infrastructure agreement negotiation would be enhanced by the establishment of a time limit for negotiation?



7.6 Deferred payments Infrastructure charges can be levied in relation to reconfiguration of a lot (ROL), material change of use (MCU) or building works (BW) development approvals. The timing of payment of these charges is established under SPA. To date, investigation into deferred payment has been in relation to ROL only, as it is most common for infrastructure charges to be levied at this stage of development.

For ROL development approvals, infrastructure charges are typically collected at the plan sealing stage. A local government’s security of payment is the withholding of plan sealing until full payment of the infrastructure charges is made.


The introduction of a ‘deferred payment’ mechanism for ROL development would enable the timing of payment of charges to be deferred from plan sealing to the time a lot is sold and settled. The intention of deferring payment of infrastructure charges until the end of the project is to minimise the cost impact on project feasibility.


The option of deferred payment was initially raised by the infrastructure charges taskforce. Deferred payment was suggested as a way of easing financial burden during the initial phases of a project.

However, introduction of a deferred payment mechanism would present a number of challenges, including ensuring security of payment requirements for local authorities and changes to existing land titling and conveyancing arrangements. These limitations were recognised by stakeholders during the workshop series.


To identify the practical implications of deferring the payment of infrastructure charges for ROL applications until settlement.


Table 17—Deferred payments reform options

Option Key features

1. Status quo Payment is required to be made by the time of plan sealing.

An infrastructure agreement between the developer and local authority can be used to defer payments.

Local authority can continue to offer early payment discount options.

2. Deferment of payment to settlement of a lot

Payment of infrastructure charges by the developer is moved from plan sealing to settlement.

A notice is placed on title which advises of any outstanding charges.

A sunset clause (i.e. two years) on the payment of charges is introduced.

Local authority will have the flexibility to adopt deferred payment for their local government area or not offer deferred payment.


3. Mandate earliest payment at plan sealing

It is made explicit in legislation that payment is to occur at plan sealing and no earlier unless agreed by the local authority and developer.

An infrastructure agreement between the developer and local authority can be used to defer payments.

Local authority can continue to offer early payment discount options.


The intention of deferring payment of infrastructure charges until the end of the project is to minimise the cost impact on project feasibility. This begs the question of whether there are significant benefits to the payment of infrastructure charges at settlement, compared to at plan sealing. Note, these two milestones frequently occur within one to three months of each other.

The key practical impediments to deferring infrastructure charges to settlement are not directly linked to the timeframe between plan sealing to settlement, but the security requirements that would reasonably be required by local authorities to do so. The problems arise in the flow on effects to the development industry, or more particularly the finance sector in providing the appropriate securities for local authorities. This is by virtue of the local authority’s security instrument taking first ranking priority over any other encumbrance. To implement the deferred payment mechanism and account for the security instrument priority changes, major adjustments to the conveyancing process would be essential.

Other key considerations include:

the cost of security instruments and their flow on effects, particularly to home buyers

potential delays to settlements due to any payment disputes. This could have significant financial impacts not only on developers and financiers, but also the end purchaser (predominantly home buyers)

additional administrative load, primarily on local authorities, in both the short and longer term to ensure full payment is received

impacts on the timing of refunds and assigning credits to the land.

In summary, while it is possible to implement the necessary legislative mechanisms to mandate payment of infrastructure charges at settlement, there remain significant flow on impacts to financiers, the development industry and end purchasers that would appear to outweigh the positives gained from moving the payment of infrastructure


charges from plan sealing to settlement. The implementation and operational costs which would be incurred in altering the conveyancing process may outweigh the benefits derived from a voluntary deferred payment mechanism.

An additional issue stakeholders have raised is that a number of local authorities are seeking to mandate for either partial for full payment of the charge before plan sealing stage. This practice could have adverse impacts to project feasibility, over the full presales and construction phases. The third reform option outlined above is proposed in response to this issue.

Have your say

General Do you support the introduction of a deferred payment mechanism?






8. Other framework issues

8.1 Alternative funding and financing The environment in which local authorities plan, deliver and manage infrastructure has evolved significantly in recent years as a result of demographic changes, growing community expectation and the rapidly changing economic environment. As a consequence, a significant challenge for local authorities is identifying how best to meet infrastructure obligations without access to increased funding from the state and Commonwealth (not available to distributor-retailers) or passing on unsustainable infrastructure funding obligations to the development sector.

The global financial crisis has significantly limited access to development finance credit and the need for alternative funding mechanisms to finance infrastructure has been raised by stakeholders from both local authorities and the development industry.

8.1.1 Current infrastructure financing methods

Local governments typically derive infrastructure funding from general taxation and rates, government borrowing from QTC, user charges, public private partnerships and developer contributions.

Distributor-retailers derive funding from user charges for water and sewerage services, infrastructure charges and borrowing.

As local authorities are faced with significant funding challenges, greater emphasis has been placed on developer contributions, with the onus often falling to developers to often wholly finance trunk and non-trunk infrastructure required by the community.

Developer contributions are considered to be an effective method of financing public infrastructure, but are considered by stakeholders to be inequitable and inconsistent across local authorities. Developer contributions are reflected in end prices to purchasers, hence can often result in the new purchaser paying higher than market value prices, and existing property holders receiving a windfall gain at no cost.

8.1.2 Alternative funding and financing methods

As part of the review process a number of alternative financing methods have been identified by stakeholders. These are outlined below.

Note: The only alternative funding model applicable to distributor-retailers is specific purpose securitised borrowing.


Specific purpose securitised borrowing

Specific purpose securitised borrowing is used to finance a specific project with the debt being repaid from the income generated by the project.

Value capture levies

A value capture levy aims to capture the uplift in land value that results from the development of land or construction of beneficial infrastructure. The value capture levy has been successfully utilised by the Urban Land Development Authority within particular urban development areas.

Special purpose levies

Special purpose levies or tax increment financing are ad hoc levies used to raise finance to meet the specific infrastructure needs of an area. Special purpose levies enable local authorities to leverage forecast revenue from specific developments as a means of raising finance for infrastructure that will contribute to the appreciation in value of a defined area. They are often regarded as a targeted tax by the broader community and are a contentious method of funding.

Growth area bonds

Growth area bonds are a specialised form of debt financing where bonds are issued to finance infrastructure enhancements that relate to a specific area. This debt is repaid from property tax revenues collected in the defined area.

Business improvement districts

Business improvement districts involve a partnership between private industry and local governments where business within a defined area pay a tax or fee towards the maintenance and development of the defined area.

Centralised financing

Centralised financing is state and national financing to provide local authorities with structured debt that optimise borrowing. Local governments can use affordable debt to deliver infrastructure priorities sooner and more efficiently whilst retaining the responsibility of providing infrastructure and easing the pressure on the development sector.

A centralised finance model can mandate sustainable financial planning from local governments as a prerequisite to obtaining funding. This in turn can drive significant institutional investment as there is a degree of comfort derived from the rigorous requirements which must be satisfied.


8.1.3 Application in Queensland

The alternative mechanisms identified by stakeholders are considered suitable for use in well defined, small scale locations or areas with clearly identified or highly specialised infrastructure requirements. In this regard, they are considered to have limited application and not to provide a broad scale alternative to infrastructure charges. This is particularly the case when the options are considered in relation to the diversity of development scale and density that exists across Queensland.

The government supports the use of innovative funding and financing solutions by local governments and industry to deliver specific infrastructure when suitable circumstances exist, particularly where delivered through partnerships between local authorities and industry (such as business improvement levy arrangements). It is considered that these options should remain flexible, location specific and optional, not enshrined within the broader infrastructure charges framework.

Have your say

General Do you support the proposed position outlined above in relation to alternative funding and financing mechanisms?

8.2 Resolutions and distributor-retailer board decisions

Adopted infrastructure charges resolutions and distributor-retailer board decisions are the regulatory tools used under the capped charges framework to set infrastructure charges. Through a resolution or board decision, local authorities are able to adopt infrastructure charges for all or part of their local government area in accordance with section 648D of SPA. Local authorities may also set different charges for different parts of their local government area.

There is no state government oversight of the charges set in resolutions or board decisions however, charges cannot exceed the capped amount. Distributor-retailers are subject to price monitoring by the Queensland Competition Authority.


Stakeholders have raised concerns that some resolutions allegedly do not comply with the current provisions of SPA.


Have your say

Would you support the introduction of a third party review/endorsement process for resolutions and board decisions to ensure compliance with the relevant provisions of SPA? If you do not support the introduction of a third party review/endorsement process, do you have an alternative suggestion?

General

8.3 Transitional arrangements To support the introduction of framework reforms, the department will work with local authorities and the development industry to develop appropriate transitional arrangements. Transitional arrangements will include:

the establishment of formal mechanisms within SPA to provide time for local authorities to adjust systems and processes to implement the reforms (including any changes to infrastructure planning requirements and processes, such as credits and offsets), with mirroring processes for distributor-retailers under their legislation;

a stakeholder information program

ongoing support to local authorities and the development industry.

It is proposed that for all development applications approved prior to the commencement of the new charges framework, the existing framework arrangements will apply (including arrangements for the application of credits, offsets etc). The new framework reforms will apply to all development applications decided after the commencement of the framework.

Have your say

General What are the key framework issues to be addressed through transitional arrangements?



9. Next steps Feedback received during consultation on the discussion paper will inform the development of the long-term framework and the department will continue to work in partnership with local authorities and the development industry to finalise options for reform.

Following the identification of a preferred set of options, the department will provide detailed information about the options such as draft legislative provisions and guideline information. Feedback on this material will further inform the development of reform options to be considered by government.

Commencement of framework reforms will occur from 1 July 2014.

For more information on the Queensland’s infrastructure charges framework visit www.dsdip.qld.gov.au

9.1 Issues requiring further investigation In parallel to the finalisation of options the department will work with key stakeholder groups to progress the analysis of impacts on the capped charges. Outcomes of the analysis will inform government decision-making on the level of capped charges and the finalisation of options.



Appendix 1: Have your say Infrastructure scope

General Do you support the removal of items from infrastructure scope that do not have a clear nexus with a development site?




Identification of trunk and non-trunk infrastructure

General Do you support the development of a ‘test-based’ approach to support the identification of trunk and non-trunk infrastructure?



Infrastructure planning

General Do you support increased standardisation of the infrastructure planning process through: 1. a standard methodology for apportioning costs

2. standard schedule of works model

3. standard demand generation rates?

Of the options presented in the paper, which standard apportionment methodology do you prefer? Why?




Should the standardised infrastructure planning approach apply to both Netserv Plans and LGIPs?

Capped charges

Charge differentiation Do you support the differentiation of infrastructure charges (either by location or infill/Greenfield development)?


Refinement of charge categories Do you support the proposed refinement of charge categories?


Planned charges

General





Conditions

General What impacts do you consider the proposed option would have for you (your organisation)?

Local authority focus Do you have any current mechanisms that are used to determine unplanned (i.e. mapped) infrastructure to qualify as trunk or non-trunk for the purpose of setting conditions?

Could you envisage that such criteria would reduce the amount of negotiation currently undertaken to resolve disputes of this nature?


Could you estimate the number of applications received where the identification of infrastructure which is trunk or non-trunk was unclear?




Offsets and refunds

General Do you support reform of the current offsets and refunds arrangements?



Development industry focus What do you believe would be the scale of financial impact associated with any of the options outlined for reform of offsets and refunds arrangements?

What impacts do you believe the proposed options for reform of offset and refund arrangements would have on development activity?



Credits

General Do you support the introduction of a mandatory crediting methodology for local infrastructure charges?


Local authority focus What do you anticipate would be the time and resourcing requirements for a mandated crediting methodology?

Development industry focus How would the establishment of a register for the collation of credits affect you (your organisation) in the preparation of development applications and planning?


Appeals and dispute resolution

General Do you support the introduction of a Planning and Environment Court led mediation process prior to the lodgement of an appeal with the Court?

What time and cost impacts would a Planning and Environment Court led mediation process prior to lodgement of an appeal be likely to have on your (your organisation’s) dispute resolution costs?

Infrastructure agreements

General Do you consider that infrastructure agreement negotiation would be enhanced by the establishment of a time limit for negotiation?



Deferred payments

General Do you support the introduction of a deferred payment mechanism?





Alternative funding and financing

General Do you support the proposed position outlined above in relation to alternative funding and financing mechanisms?

Resolutions and distributor-retailer board decisions

General Would you support the introduction of a third party review/endorsement process for resolutions and board decisions to ensure compliance with the relevant provisions of SPA?


If you do not support the introduction of a third party review/endorsement process, do you have an alternative suggestion?

Transitional arrangements

General What are the key framework issues to be addressed through transitional arrangements?



Appendix 2: SPRP charges Adopted infrastructure charges schedule

Column 1 Adopted infrastructure charge category

Column 2 Use

Column 3 Maximum adopted charge

Residential Dwelling house Caretaker’s

accommodation Multiple dwelling Dual occupancy

$20,000 per 1 or 2 bedroom dwelling or $28,000 per 3 or more bedroom dwelling

For a tent or caravan site in a tourist park: $10,000 per 1 or 2 tent/caravan sites or $14,000 per 3 tent/caravan sites Example: The maximum charge for seven caravan sites is $38,000. This is calculated as below: $14,000 x 2 (for 2 x 3 caravan sites) = $28,000 plus $10,000 (for 1 site) = $10,000 Total charge for seven caravan sites = $38 ,000

Discussion paper:

For a cabin in a tourist park: $10,000 per 1 or 2 bedroom cabin or $14,000 per 3 or more bedroom cabin

Accommodation (short-term)

Hotel Short-term

accommodation Tourist park

For a hotel or short-term accommodation: $10,000 per suite (with 1 or 2 bedrooms) or $14,000 per suite (with 3 or more bedrooms) or $10,000 per bedroom (for a bedroom that is not within a suite) Examples: The maximum adopted charge for a hotel

containing suites with 3 bedrooms is $14,000 per suite.

The maximum adopted charge for a motel with studio rooms is $10,000 per room.

The maximum adopted charge for a bedroom (which is not in a suite) in a backpackers is $10,000.


Column 1 Adopted infrastructure charge category

Column 2 Use

Column 3 Maximum adopted charge

For a relocatable home park: $20,000 per 1 or 2 bedroom relocatable dwelling site or $28,000 per 3 or more bedroom relocatable dwelling site

Accommodation (long-term)

Community residence Hostel Relocatable home

park Retirement facility

For a community residence, retirement facility or hostel: $20,000 per suite (with 1 or 2 bedrooms) or $28,000 per suite (with 3 or more bedrooms) or $20,000 per bedroom (for a bedroom that is not within a suite)

Club Community use Function facility Funeral parlour Place of worship

$70 per m2 of Gross Floor Area (GFA) plus $10 per impervious m2 for stormwater

Places of assembly

Agricultural supplies store

Bulk landscape supplies

Garden centre Hardware

Commercial (bulk goods)

and trade supplies

Outdoor sales Showroom

$140 per m2 of GFA plus $10 per impervious m2 for stormwater

Adult store Food and drink ou

Commercial (retail)

tlet Service industry Service station Shop Shopping centre

FA plus $10 per impervious m2 r stormwater

$180 per m2 of Gfo

Office Sales office

$140 per m2 of GCommercial (office) FA plus $10 per impervious m2 for stormwater

Child care centre Community c

Education facility

are centre

Educational establishment

FA plus $10 per impervious m2 for stormwater $140 per m2 of G


Hotel (non-residential component)

Nightclub Theatre


Entertainment

Indoor sport and recreation

$200 per m2 of GFA, court areas at $20 per m2 of GFA plus $10 per impervious m2 for stormwater

Indoor sport and recreational facility

Low-impact industry Medium-impact

industry Research and

technology industry Rural industry Warehouse Waterfront and

marine industry


Industry

High-impact iHigh-impact industry ndustry Noxious and

hazardous industries


Animal huLow-impact rural Nil charge sbandry Cropping Permanent

plantations Wind farms

Aquaculture Intensive an

High-impact rural

Discussion paper:

imal industries

Intensive horticulture Wholesale nursery Winery

$20 per m2 of GFA for the high-impact rural facility

Correctional facility Emergency services Health care servic

Essential services

es Hospital Residential care

facility Veterinary services

FA plus $10 per impervious m2 for stormwater $140 per m2 of G


Specialised uses Air services Animal keeping Car park Crematorium Major sport,

recreation and entertainment facility

Motor sport Non-resident

workforce accommodation

Outdoor sport and recreation

Port services Tourist attraction Utility installation Extractive industry

The maximum adopted charge is the charge (in column 3) for the charge category (in column 1) that the local government determines should apply for the use at the time of assessment

M Advertising Nil charge device Cemetery Home-ba

inor uses

sed business

Landing Market Roadside stalls municaTelecom tions

facility oTemp rary use Park Outdoor lighting

Other uses A use not otherwise listed in column 2, including a use that is unknown because the developmen

Discussion paper:

t application does not specify a proposed use.

the local government decides should apply for the use at the time of assessment.

The maximum adopted charge is the charge (in column 3) for the charge category (in column 1) that


Appendix 3: Interstate snapshot New South Wales

Local governments within New South Wales are responsible for the planning and implementation of trunk infrastructure networks, similar to local authorities in Queensland.

The main infrastructure planning tool used by local government in New South Wales are Infrastructure Delivery Plans (IDPs) which are prepared for key growth areas within their jurisdiction. IDPs are based on the premise that the beneficiary of infrastructure should make a contribution to that infrastructure.

On 16 April 2013, the New South Wales Government released a White Paper—A new planning system for NSW for public feedback. The White Paper proposed several significant amendments to New South Wales’ infrastructure frameworks including:

Key contributions reform actions:

removal of capped charges

contributions are limited to essential infrastructure attributable to development only

introduction of deferred payment of charges

better reporting on infrastructure spending by local governments

benchmarking of infrastructure costs

restricted use of infrastructure agreements and conditions.

Victoria

In Victoria, local governments have a limited role in the initial planning, construction and management of trunk infrastructure. Various state entities are the primary agencies for these activities. Local government contributions are levied through Development Contributions Plans (DCPs) for a range of state and local government provided infrastructure, including: roads, public transport, stormwater, open space and community facilities.

In May 2012 the Victorian Government implemented changes to the infrastructure contributions framework. The new approach comprises of ‘off the shelf’ charges schedules for different development settings across Victoria such as metropolitan growth areas, regional cities, peri-urban areas and urban development areas. Local governments can tailor charges to a certain area where an ‘off the shelf’ schedule is not suitable.


South Australia

In South Australia, contributions are collected through the development assessment process via negotiations with developers on a case-by-case basis.

Additionally, there are a number of provisions related to infrastructure contributions in the Development Act 1993 including:

an open space contribution scheme which provides for obtaining land in-lieu or cash contributions where a development creates 20 or more additional lots;

with the minister’s approval a local government may establish a car parking or urban tree fund for a designated area.

There is no standardised and regulated process for obtaining infrastructure contributions.

Western Australia

In Western Australia, local governments are able to levy contributions for items of infrastructure that are required to support the ‘orderly development’ of an area. Standard requirements include roads, water and sewerage facilities, utilities and public open space. Local governments can also seek contributions for the capital costs of community infrastructure, such as sporting and recreation facilities, community centres and child care centres.

Contributions are set out in a local government Development Contributions Plan.


Appendix 4: Example essential infrastructure list Network Essential infrastructure

Water supply

Water treatment facilities owned by the local government (and not funded from other sources such as rates or utility charges)

Distribution systems including:

- water storage facilities

- water transport systems

- pumping stations

- chlorination equipment

- meters, valves, control and monitoring systems

Fire fighting devices

Sewerage

Sewage treatment plant systems owned by the local government (not funded from other sources such as rates or utility charges)

Collection and transport systems:

- gravity sewers

- pumping stations

- rising mains

- emergency storage.

Stormwater Condition on-site treatment to a standard of non-worsening

Transport

Local government roads (including associated intersections, roundabouts, bridges and culverts) excluding higher order local government roads such as arterial roads.

Standard items associated with the road profile including kerb and channel, lighting, signage, traffic lights, foot and cycle paths on the shoulder, basic verge revegetation

Bus stops (excluding shelters) constructed as part of the road.

Serviced land for parks and community facilities

For serviced land for parks and community purposes either:

- condition the development to provide two hectares of land per 1000 population, or

- charge for an identified catchment based solution provided to a standard of not more than two hectares of land per 1000 population.

All land contributions to include works associated with making the site suitable for its intended use including earthworks, clearing, turfing, road frontage and connection to services including water, sewerage, power and telecommunications.


Appendix 5: Specifications and assumptions used for impact assessment Note: This attachment includes a summary of the specifications and assumptions that were applied by consultants doing an assessment on behalf of the state from December 2012 to February 2013.

Purpose

The state is reviewing its infrastructure planning and charging frameworks for local governments. Options include possible changes to the list of infrastructure local government may include under conditions or cost calculation of infrastructure for development. To assess the potential impact of a draft list of essential infrastructure, a comparison of different infrastructure costs based on existing local government priority infrastructure plans (PIPs) is required.

Background

Most local governments have either adopted PIPs in their planning schemes or progressed to an advanced stage of drafting PIPs to comply with the requirements of the Sustainable Planning Act 2009 (SPA). The PIPs identify the existing and future infrastructure necessary to service development. Information in the PIP is supported by extrinsic material which includes background detail used in its preparation. The infrastructure and associated information identified in the PIP (and extrinsic material) form the basis for the calculation of infrastructure costs associated with development. The PIP also provides the basis for the imposition of local government conditions about infrastructure.

A draft list identifying infrastructure that may be included in the calculation of infrastructure costs under a possible alternative framework is included as part of this specification (see Table 1).

Requirements and deliverables

Review the PIPs and relevant extrinsic material for the local government areas to calculate the costs that would apply under the circumstances outlined below.

A calculation can be done for each of the types of development identified in Table 2—Assumptions for development examples, as it would apply for typical infill development and greenfield development example locations respectively. These calculations are to be based on the assumptions identified in Table 2.


These calculations can be done separately for each network component (water supply, wastewater, roads, stormwater quantity, stormwater quality, public parks and land for community facilities) for each of the following:

- The existing PIP or draft PIP as it would have applied under the SPA PIP and infrastructure charges schedule framework prior to the introduction of the provisions for the SPRP. The previous Statutory Guideline 01/09—Priority Infrastructure Plans and Infrastructure Charges Schedules (including PIP Template 2) further outlines the rules that applied to the calculation of infrastructure charges/costs at the time. If a discounted cash flow methodology has been applied in the PIP, calculate the values of costs prior to application of the discounted cash flow methodology as well as post application of the discounted cash flow methodology.

- The existing PIP, but modified to only include the ‘essential’ infrastructure identified in Table 1—Essential infrastructure. If a discounted cash flow methodology has been applied in the PIP, calculate the cost values prior to application of the discounted cash flow methodology as well as post application of the discounted cash flow methodology.

[Note: For consistency, cost apportionment is based on the formula: Total cost of existing and future infrastructure divided by the total existing and future demand.]

The results of calculations for each PIP are to be based on the template included in Table 3—Cost calculation summary (add columns to show calculations with and without the discounted cash flow methodology).

The approach and methodology to calculate these costs, as well as relevant observations or notes, can be outlined in a report to support the completed Table 3—Cost calculation summary (data captured in Microsoft Excel).

Essential infrastructure and cost calculations

Table 1—Essential infrastructure identifies the infrastructure that may be included in the calculation of costs.

Key assumptions for purposes of doing the impact assessment

Stormwater quality and quantity infrastructure for PIPs are often not separately mapped and identified. Costs under a PIP therefore represent a combination of both quality and quantity infrastructure. Cost calculations for the essential infrastructure option exclude stormwater as it is assumed to be dealt with on-site (no worsening).

State-controlled roads are excluded from the calculations.


Parkland costs under the essential infrastructure options are only applicable to residential developments.

Parkland costs for PIPs exclude land acquired pre-1990 in accordance with PIP methodology and guidelines in place prior to the adopted charges framework. This rule is not relevant under the essential infrastructure option.

All cost apportionment undertaken to determine a cost rate per demand unit are based on the ‘user pays’ methodology where total costs (existing and future) are apportioned to total demand (existing and future).

All demands used to calculate costs for different development scenarios are based on the application of demand conversion rates identified in the PIP.

Cost rates are indexed to June 2012 dollars from base year using CPI (Brisbane, All Groups).

Water supply:

- all water sources (dams, aquifers, and other raw water intakes) and piped network linking water sources to water treatment plants are excluded. Note that provision of such infrastructure is still the responsibility of local governments outside South East Queensland

- piped network less than 200 millimetres diameter are excluded.

Sewerage:

- all rising mains and pump stations are retained as essential infrastructure irrespective of pipe diameter size—rising mains are typically smaller in diameter to gravity mains however still provide a shared function

- similar to water supply, all gravity mains less than 200 millimetres diameter are excluded.

Stormwater:

- no stormwater infrastructure (quality or quantity) costs are included for the essential infrastructure scenario (based on the option to condition on-site treatment to a standard of no-worsening). All infrastructure identified in PIP Plans for Trunk Infrastructure is considered trunk. Costs for these works are reflected under the PIP scenario only.

Parkland:

- essential infrastructure costs are based on two ha per 1000 population including an allowance of $192 000 for road frontage and basic services to connect to.


Table 1—Essential infrastructure

Network Essential infrastructure

Water supply

Water treatment facilities owned by the local government (and not funded from other sources such as rates or utility charges).

Water storage facilities (excluding dams).

Reticulation network (local governments identify reticulation networks associated with pipes with a minimum diameter of 200 millimetres for purposes of an ICP).

Pump stations.

Fire fighting devices.

Sewerage

Sewage treatment facilities owned by the local government (and not funded from other sources such as rates or utility charges).

Reticulation network (local governments identify reticulation networks associated with pipes with minimum diameter of 200 millimetres).

Pump stations.

For stormwater quantity :

- condition on-site treatment to a standard of non-worsening

- where a charge is levied for an identified catchment based detention solution, a condition may not be imposed on a developer to provide an on-site detention solution.

For stormwater quality either:

- condition on-site treatment to a standard of non-worsening

- charge for an identified catchment based solution.

Stormwater

Transport

Local government roads consisting of limited access urban collectors and urban sub-arterials and arterials (including associated intersections, roundabouts, bridges and culverts).

Standard items associated with the road profile including kerb and channel, lighting, signage, traffic lights, foot and cycle paths on the shoulder, basic verge revegetation.

Bus stops (excluding shelters) constructed as part of the road.


Serviced land for parks and community facilities

Serviced land for parks and community purposes either:

- condition the development to provide two hectares of fair average land per 1000 population

- charge for an identified catchment-based solution

- provided to a standard of not more than two hectares of land per 1000 population.

All land contributions to include works associated with making the site suitable for its intended used including earthworks and clearing, road frontage and connection to services including water, sewerage, power and telecommunications.


Table 2—Assumptions for development examples

Chosen type of development

Assumptions SPRP Category *

3+ bedroom dwelling Detached dwelling 3 bedrooms

3 people

700 square metre lot

150 square metre GFA

455 square metre impervious area

1 or 2 bedroom dwelling Detached dwelling 2 bedrooms

2 people




Multi-unit dwelling Apartment 6 units

12 bedrooms

24 people




Accommodation (short-term)

Motel 20 units

20 bedrooms

30 people




Accommodation (long-term)

Retirement village 100 units

200 bedrooms

300 people

30,000 square metre lot

10,000 square metre GFA

27,000 square metre impervious area


Places of assembly Place of worship 400 seats




10 toilets/basins

Commercial (bulk goods) Garden centre/landscape supplies

4,000 square metre lot



20 fixture units

Commercial (retail) Shop—local 450 square metre lot



0 fixture units

Commercial (retail) Shop—neighbourhood 25,000 square metre lot



100 fixture units

Commercial (retail) Shop—major 100,000 square metre lot



400 fixture units

Commercial (office) Office—small 450 square metre lot



20 fixture units

Commercial (office) Office—medium 3000 square metre lot



200 fixture units



Education facility Secondary school 500 students 50 staff 100,000 square metre lot 30,000 square metre GFA 50,000 impervious area 275 fixture units

Entertainment Theatre/cinema 250 seats 3000 square metre lot 2000 square metre GFA 2700 square metre impervious

area 40 fixture units

Indoor sport and recreation

Gymnasium 1000 square metre lot 400 square metre GFA 900 square metre impervious


Industry Low- or medium-impact industry

1500 square metre lot 800 square metre GFA 1350 square metre impervious


High-impact industry High-impact industry or industry

50,000 square metre lot 30,000 square metre GFA 45,000 square metre impervious


Essential services Nursing home (residential aged care)

100 beds 20,000 square metre lot 8000 square metre GFA 10,000 square metre impervious


Hospital 400 beds 150,000 square metre lot 50,000 square metre GFA 75,000 square metre impervious


Specialised uses Not included in analysis.

* These categories are aligned with the categories identified in the Adopted Infrastructure Charges Schedule of the SPRP.

Table 3 - Cost calculation summary (insert name of priority infrastructure plan)

Network PIP costs Essential infrastructure

costs Difference Type of development

Infill example—

(suburb name)

Greenfield example—

(suburb name)

Infill example

Greenfield example

Infill example

Greenfield example

Water supply Waste water Tra nsport Stormwater qu antity Stormwater quality Public parks Land for community uses

(Insert development type from Table 2)

Total

Water supply Waste water Tra nsport Stormwater qu antity Stormwater quality Public parks Land for community uses

(Insert development type from Table 2)

Total

Water supply (Insert development type from Table 2) Waste water(Add bl



nsportTra Stormwater qu antity Stormwater quality Public parks Land for community uses Total

References ARUP & Integran (2011) Draft Transport Network Charges Method Review

Australian Bureau of Statistics (ABS), (2011a) Census of Population and Housing: Industry of Employment by Occupation, Retrieved from http://www.censusdata.abs.gov.au/census_services/getproduct/census/2011/communityprofile/3?opendocument&navpos=230

Australian Bureau of Statistics (ABS), (2011b) 5220.0 - Australian National Accounts: State Accounts, Retrieved from http://www.abs.gov.au/ausstats/[email protected]/mf/5220.0

AECgroup (2010) Financing Public Infrastructure in Queensland

Ernst & Young (2011) Strong Foundations for Sustainable Local Infrastructure

SGS Economics & Planning (2011) Funding Growth Areas in a National Urban Policy

Urban Development Institute of Australia (UDIA), (2011) Budget Blueprint to Recovery: 2012/2013 Queensland Pre-Budget Submission, Brisbane


http://www.censusdata.abs.gov.au/census_services/getproduct/census/2011/communityprofile/3?opendocument&navpos=230

http://www.censusdata.abs.gov.au/census_services/getproduct/census/2011/communityprofile/3?opendocument&navpos=230

http://www.abs.gov.au/ausstats/[email protected]/mf/5220.0

Department of State Development, Infrastructure and Planning O Box 15009 City East Qld 4002 Australia l 13 QGOV (13 74 68) x +61 7 3224 4683

Pte

[email protected]

www.dsdip.qld.gov.au

ATTACHMENT 2

Refer Item 8/1

Summarised Budget Report as at 30 June 2013

of the

ORDINARY MEETING


ATTACHMENT 3

Refer Item 8/2

Delegations Register

of the

ORDINARY MEETING


Register of Delegations Council to Chief Executive Officer to Employee of Council

Page 1 of 309

DELEGATE DESCRIPTION OF POWER DELEGATED

LEGISLATION SUB-DELEGATE



CONDITIONS TO WHICH THE DELEGATION IS SUBJECT

CHIEF EXECUTIVE OFFICER

Power to give identifying information to particular persons.

Section 39 Animal Management (Cats and Dogs) Act 2008


Power to recognise a body supervising an exhibition in which a cat or dog is participating.

Section 42(4) Animal Management (Cats and Dogs) Act 2008


Power to, by notice, ask for further information or documents reasonably required to register a cat or dog



Power to give registration notice.



Power to keep registration form and information.



Power to ask the owner of the cat or dog for other information or documents in the way mentioned in section 48.


Power to; • Update the information in the

relevant register; and • Issue the owner with a notice

of the amended information.



Power to give renewal notice to renew registration for a cat or dog.


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AnimalManA08.pdf










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Power to ask the owner of the cat or dog for other information or documents in the way mentioned in section 48.



Power to update information in the appropriate register and give a registration device to the owner of the registered cat or dog.



Power to recognise a body supervising an exhibition or an obedience trial in which a dog is participating.



Power to require applicant to give a stated document or information that is relevant to a permit application.



Power to grant or refuse a permit application within a certain time.



Power to decide whether desexing is likely to be a serious risk to the health of a dog.



Power to impose conditions on the grant of an application for a restricted dog permit.



Power to issue a restricted dog permit.









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Power to issue a decision notice after deciding to refuse a permit application.



Power to grant or refuse a renewal application within a certain time.



Power to seek further information in deciding an application for a renewal application.

Section 84(4)(b) Animal Management (Cats and Dogs) Act 2008


Power to: (a) if the application is granted, issue a renewed permit; or (b) if the application is refused, issue a decision notice.



Power to amend a restricted dog permit at any time.



Power to give a dog owner a proposed declaration notice regarding a dog.



Power to withdraw a proposed declaration notice regarding a dog.



Power to consider any written representations and evidence within a period stated in a proposed declaration notice



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and make a regulated dog declaration.


Power to give an owner of a dog the subject of a proposed declaration notice, a declaration notice or an information notice.



Power to destroy a surrendered regulated dog.



Power to recover reasonable seizure or destruction costs.



Power to appoint authorised persons. Section 104 Animal Management (Cats and Dogs) Act 2008


Power to sign a signed notice Section 105(1) Animal Management (Cats and Dogs) Act 2008


Power to issue an identity card to each authorised person.



Power to accept a resignation from an authorised person in the form of a signed notice.



Power to collect the identity card of a person who ceases to be an authorised

Section 110 Animal Management















Page 5 of 309






person. (Cats and Dogs) Act 2008


Power to give notice of a proposed inspection program.



Power to include other information considered appropriate in the general register.

Section 178(e) Animal Management (Cats and Dogs) Act 2008


Power to inspect information kept in the regulated dog register.

Section 173(1)(b) Animal Management (Cats and Dogs) Act 2008


Power to give notice to the chief executive if a restricted dog is registered in the local government’s area or the local government makes a regulated dog declaration in its area.



Power to give the chief executive notice of changed information or notice of a holder’s new residential address upon receiving a notice under section 54 or schedule 1.



Power to respond to the chief executive regarding confirmation of particular information.



Power to keep the cat and dog registry of the local government.


CHIEF EXECUTIVE

Power to accept an application for an internal review of a decision made by

Section 181(2) Animal Management




















Page 6 of 309






OFFICER Council or an authorised person appointed by Council.

(Cats and Dogs) Act 2008


Power to extend the time for making a general review application.



Power to conduct an internal review and make a decision to confirm, amend or substitute the original decision.



Power to issue the applicant with a notice of internal review decision.



Power to authorise an employee to verify a copy of a document.



Power to sign a certificate about the state of, or a fact in, a record of the local government



Power to approve forms for use under the Act.



Power, as the relevant planning body, to issue a certificate approving or noting (as required under the Sustainable Planning Act) an instrument giving effect to a transaction of the body corporate.

Section 159 (6) Body Corporate and Community Management (Accommodation Module) Regulation 2008.



















Page 7 of 309








Section 117 (6) Body Corporate and Community Management (Commercial Module) Regulation 2008.



Section 95(6) Body Corporate and Community Management (Small Schemes Module) Regulation 2008.



Section 161(6) Body Corporate and Community Management (Standard Module) Regulation 2008.


Power to endorse a proposed community management statement.

Section 60(3) Body Corporate and Community Management Act 1997.


Power, as a utility service provider, to enter an agreement with a body corporate in relation to the utility charges for the scheme land. NOTE: By virtue of the South-East Queensland Water (Distribution and Retail

Section 196(4) Body Corporate and Community Management Act 1997


Page 8 of 309






Restructuring) Act 2009 the following councils do NOT have this power in relation to water services and wastewater services: Sunshine Coast Regional Council, Moreton Bay Regional Council, Brisbane City Council, Ipswich City Council, Scenic Rim Regional Council, Lockyer Valley Regional Council, Somerset Regional Council, Gold Coast City Council, Redland City Council, Logan City Council


Power, as a utility service provider, to ask the registrar to register a charge and to remove the charge when the amount secured by the charge is paid. NOTE: By virtue of the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 the following councils do NOT have this power in relation to water services and wastewater services: Sunshine Coast Regional Council, Moreton Bay Regional Council, Brisbane City Council, Ipswich City Council, Scenic Rim Regional Council, Lockyer Valley Regional Council, Somerset Regional Council, Gold Coast City Council, Redland City Council, Logan City Council

Section 197 Body Corporate and Community Management Act 1997

CHIEF Power to enter the common Section 316(1)


Page 9 of 309






EXECUTIVE OFFICER

property if necessary to exercise a power conferred under an Act.

Body Corporate and Community Management Act 1997


Power, under IDAS to receive, assess and decide a building development application.

Section 51(2)(a) Building Act 1975


Power to appoint or employ a private certifier or another building certifier.

Section 51(2)(b) Building Act 1975


Power to appoint or employ a building certifier where asked in writing by the nominated owner and the building work has not been certified.

Section 51(3) Building Act 1975


Power to issue a building development approval.

Section 52 Building Act 1975


Power, in carrying out functions under the Building Act, to accept and, without checking, rely and act on a certificate or other document made by or given to the building certifier.



Power to accept and, without further checking, rely and act on a document, given to Council by a private certifier for a building development application, for the purpose of making it available for inspection or purchase as required by the Sustainable Planning Act.



Page 10 of 309







Power, as assessment manager, in relation to undecided building development applications and lapsed building development approvals, to resume or start an application for building development approval at any stage of IDAS considered appropriate.



Power, as the holder of a registered easement or statutory covenant, to consent to building work.



Power to give a private certifier a document acknowledging receipt of the fee mentioned in subsection 86(1)(c).



Power to take the action it considers necessary to complete the building work where the building development approval lapses and the building work is other than demolition.



Power to use all or part of any security given to the local government for the carrying out of the building work.



Power to refund or release part of any security given to the local government for the carrying out of the building work, at any time, having regard to the progress of the



Page 11 of 309






building work.


Power to consult with a private certifier with regard to further extensions of the period under SPA, s 341 (When approval lapses if development not started).



Power to grant or refuse BCA classification change or use change, if owner of building applies.



Power, as the assessment manager, to take enforcement action against an owner contravening section 114 of the Act.



Power to approve the use of a building, other than a class 1, 2, 3 or 4 building, for residential purposes.



Power to give the owner of a building a certificate of classification for the building if built before 30 April 1998 and the owner applies.



Power to give a building certifier a notice (‘show cause notice’).



Power to consider any representations made under the show cause notice and decide to take no further action, or apply to the Queensland Civil and Administrative Tribunal to start



Page 12 of 309






a disciplinary proceeding against the building certifier.


Power to apply to the Queensland Civil and Administrative Tribunal to conduct disciplinary proceeding to determine whether there are proper grounds for taking disciplinary action against a building certifier.



Power to notify the Queensland Building Services Authority of its application to the Queensland Civil and Administrative Tribunal.



Power to consult with any other entity considered appropriate in deciding an application made by the owner of a budget accommodation building to approve a period for the building under section 220(a)(ii) or (b)(ii) (longer periods for approval).



Power to grant (including with reasonable conditions) or refuse an application made by the owner of a budget accommodation building to approve a period for the building under section 220(a)(ii) or (b)(ii) (longer periods for approval).



Power to, on written application from the owner, decide whether or not a



Page 13 of 309






building conforms with fire safety standards and, if applicable, state what must be done to make the building conform.


Power to inspect budget accommodation buildings at least once every 3 years.


CHIEF EXEUCTIVE OFFICER

Power, as local government, to approve, with or without conditions, a later day for a residential care building to comply with section 231AK of the Building Act.

Section 231AK(a)(iii) and (b)(iii) and section 231AL Building Act 1975


Power to, on application by a pool owner, decide an application for exemption from complying with part of the pool safety standard relating to barriers for a regulated pool due to disability (with or without conditions).



Power to give an applicant a show cause notice.



Power to consider any representations made under the show cause notice and give a further notice (a revocation notice) to the applicant, revoking the decision previously given.



Power to, on application by a pool owner, decide an application for exemption from complying with part of the pool

Section 245B Building Act 1975


Page 14 of 309






safety standard relating to barriers for the regulated pool due to compliance being impracticable (with or without conditions).


Power to give the owner of the regulated pool a show cause notice.

Section 245E(2) Building Act 1975


Power to consider any representations made under the show cause notice and give a further notice (a revocation notice) to the owner, revoking the decision previously given.

Section 245E(3) Building Act 1975


Power to make copy of exemption available for inspection and purchase as if it were a document that chapter 9, part 6 of SPA must be available for inspection and purchase.

Section 245FA(2) Building Act 1975


Power, as owner of adjoining land, to agree with the pool owner as to the construction of a pool barrier along the common boundary.

Section 245XB(2) Building Act 1975


Power, as owner of adjoining land, to agree with the pool owner as to the alteration or replacement of a dividing fence that is used, or proposed to be used, as a pool barrier along the common boundary.

Section 245XD(2) Building Act 1975

CHIEF Power, as owner of adjoining Section 245XF(2) and


Page 15 of 309






EXECUTIVE OFFICER

land where a pool barrier is constructed along the common boundary for a pool on the other land, to:

• alter or replace the part of the pool barrier with the agreement of the pool owner; or

• attach a think on the part of the pool barrier that does not unreasonably or materially alter or damage the barrier.

(3) Building Act 1975


Power, as owner of adjoining land, to grant access to Council’s land to the owner of the other land to carry out fencing work.

Section 245XG(1) Building Act 1975


Power, as owner of adjoining land, where Council has carried out urgent fencing work under section 245XK of the Building Act and the owner of the other land is responsible for some or all of the costs of carrying out the fencing work under section 245XH of the Building Act, to require the owner of the other land to contribute a share for any reasonable cost incurred for the fencing work.

Section 245XN(2) Building Act 1975

CHIEF EXECUTIVE

Power, as owner of adjoining land, to apply to QCAT, in the absence of the owner of the

Section 245XS(1) Building Act 1975


Page 16 of 309






OFFICER other land, for authorisation to carry out fencing work, including apportionment of the contributions for the work.


Power, as owner of adjoining land, where an order has been made under section 245XS(1) of the Building Act and the owner of the other land has since been located, to give a copy of the order to the owner of the other land and recover the contribution as stated in the order.

Section 245XS(3) Building Act 1975


Power, as owner of adjoining land, where the owner of the other land has carried out fencing work for a dividing fence forming part of a pool barrier without authorisation, to apply to QCAT for an order requiring the owner to rectify the dividing fence.

Section 245XV(2) Building Act 1975


Power to inspect a regulated pool for compliance when a pool safety complaint notice, or section 245I or 245UA notice is received.

Section 246ADA(2) Building Act 1975


Power to take necessary enforcement action to ensure the pool complies with the pool safety standard or fencing standards for the pool.

Section 246ADA(5) Building Act 1975


Power to cancel pool safety certificate for a regulated pool.

Section 246AF Building Act 1975


Page 17 of 309







Power to give a show cause notice before cancelling a pool safety certificate.

Section 246AG(1) Building Act 1975


Power to consider submissions and decide whether to cancel a pool safety certificate.

Section 246AG(5) Building Act 1975


Power to, by gazette notice, designate land as a transport noise corridor.

Section 246X Building Act 1975


Power to give a notice (‘enforcement notice’) to the owner of a building, structure or building work.



Power to give an enforcement notice to a person who does not comply with a particular matter in the Building Act 1975.



Power to give a person a show cause notice.



Power to authorise an officer to enter a building or structure and remove all persons found there.



Power, as local government, to make a complaint for an offence against section 245G(1) of the Building Act 1975.

Section 256(2)(d) Building Act 1975


Power, as local government, to make a complaint for an offence against section 245K, 245L or 246AR(2) of the

Section 256(2)(e) Building Act 1975

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BuildA75.pdf


Page 18 of 309






Building Act 1975.


Power, as local government, to make a complaint for an offence against section 246AD(2) or 246AJ(4) of the Building Act 1975.

Section 256(2)(f) Building Act 1975


Power, as local government, to make a complaint for an offence against section 246AP(2) of the Building Act 1975.

Section 256(2)(g) Building Act 1975


Power, as local government, to make a complaint for an offence against chapter 8, part 4, division 5, subdivision 2, other than section 246ATH(2) of the Building Act 1975.

Section 256(2)(h) Building Act 1975


Power, as local government, to make a complaint for an offence against chapter 8, part 5 of the Building Act 1975.

Section 256(2)(i) Building Act 1975


Power, as local government, to make a complaint for an offence in the Building Act 1975 other than an offence listed in section 256(2)(a)-(j) of the Building Act.

Section 256(2)(k) Building Act 1975


Power to extend the time for an owner of a swimming pool to comply with section 235 (where an extension under section 49H(11)(b) of the Local Government Act 1936 is still in force.


CHIEF Power to make submissions to Section 25(2)(d)


Page 19 of 309






EXECUTIVE OFFICER

the Minister regarding a draft coastal plan.

Coastal Protection and Management Act 1995


Power to:- (a) make submissions to the Minister before a regulation, pursuant to section 54(1)(b), is made declaring, changing the boundaries of or abolishing a coastal management district; and (b) when making a submission, ask the Minister for a response on the submission.

Section 57 Coastal Protection and Management Act 1995


Power to appeal against the chief executive’s decision to give a coastal protection notice to Council.

Section 59(5) Coastal Protection and Management Act 1995


Power to appeal against the chief executive’s decision to give a tidal works notice to Council.



Power, as an owner of land or as a party with an interest in the land, to:- (a) give written notice to the chief executive claiming compensation at any time during, or within 3 months after, the chief executive’s occupation and use of the land; and (b) make an agreement with the chief executive concerning the amount of compensation payable.

Section 68(5), (6) and (9) Coastal Protection and Management Act 1995

CHIEF Power to make an application Section 73


Page 20 of 309






EXECUTIVE OFFICER

to the chief executive for an allocation of quarry material in tidal water.

Coastal Protection and Management Act 1995


Power to make a submission to the chief executive about Council’s views on the removal of quarry material or placement of spoil regarding an application for allocation of quarry material.

Section 75(3)(c) Coastal Protection and Management Act 1995


Power, as an allocation notice holder, to give the chief executive written notice:- a) about the quantity of

quarry material removed under the allocation in a period where a condition requires it; or

b) about the quantity of quarry material removed under the allocation in a quarter within 20 business days after the end of a quarter.



Power, as an allocation notice holder, to apply to the chief executive to transfer all or part of the allocation to another person.



Power, as an allocation notice holder, to apply to the Chief Executive Officer to renew the allocation notice.



Power, as an allocation notice holder, to make representations to the chief

Section 86(1) Coastal Protection and Management Act

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CoastalProtA95.pdf




Page 21 of 309






executive showing why the allocation notice should not be amended, suspended or cancelled.

1995


Power, as an allocation notice holder, to surrender the allocation.



Power to certify a plan of subdivision which shows an artificial waterway.



Power to apply to the chief executive for an exemption certificate to carry out operational work that would have insignificant impact on coastal management.

Section 120A Coastal Protection and Management Act 1995


Power to maintain and keep clean each canal in its area and access channel for a canal in its area, whether or not the access channel is in its area.

Section 121 Coastal Protection and Management Act 1995.


Power:- (a) as an owner of freehold land; or (b) an occupier of land, other than freehold land, adjacent to State tidal land; or (c) as a public utility provider; or (d) as a trustee under any law or agreement, to occupy and use State tidal land to carry out tidal works in accordance with a development permit or to maintain and use



Page 22 of 309






infrastructure constructed as part of tidal works.


Power:- (a) as an owner of freehold land adjacent to State tidal land; or (b) as an occupier of land, other than freehold land, adjacent to State tidal land ;or (c) as a public utility provider; or (d) as a trustee under any law or agreement, to ensure that tidal works are maintained in a safe condition.



Power, as an owner or occupier of land, to allow an authorised person to enter the land.

Section 134(3)(a) Coastal Protection and Management Act 1995


Power to claim compensation if Council incurs a loss or expense because of the exercise or purported exercise of a power under chapter 3, part 2, division 1 by an authorised person.



Power, as an owner of an interest in land, to claim compensation if the existing use that may be made of the land is changed by a prohibition imposed by the coastal plan or the declaration of a coastal management district.

Section 150 and 152 Coastal Protection and Management Act 1995


Power, as an owner of an interest in land, to appeal against the decision of the chief executive regarding a

Section 153(3) and (4) Coastal Protection


Page 23 of 309






claim for compensation under section 150.

and Management Act 1995


Power to make an appeal to the Planning and Environment Court against the chief executive’s decision to give Council a coastal protection or tidal works notice.



Power to:- (a) where the chief executive has delegated powers under the Coastal Protection and Management Act 1995, to exercise those powers; and (b) sub-delegate the powers delegated by the chief executive under subsection (1) to an appropriately qualified entity.



Power to elect not to be the assessment manager (in which case Council cannot be a referral agency) for an application to make a minor change to a deemed approval under section 177.



Power to elect not to be the responsible entity for a request to make a permissible change to a deemed approval under section 177.



Power to appoint a person to a District Disaster Management Group for a disaster district.

Section 24 Disaster Management Act 2003.

CHIEF EXECUTIVE

Power to nominate a person to a Temporary District Disaster

Section 28B Disaster Management


Page 24 of 309






OFFICER Management Group. Act 2003.


Power to establish a Local Disaster Management Group for the local government area.



Power to agree to unite with one or more other local government/s for the purpose of establishing a local group.



Power to appoint a person as a member of a Local Disaster Management Group.



Power to appoint a chairperson and deputy chairperson of a Local Disaster Management Group.



Power to provide, at least once a year, written notice of the members of a Local Disaster Management Group to the chief executive and the chairperson for the disaster district in which the Local Disaster Management Group is situated.



Power to prepare a local disaster management plan for disaster management in the local government’s area.

Section 57(1) Disaster Management Act 2003.


Power to review, or renew, its local disaster management plan when local government considers it appropriate.


CHIEF EXECUTIVE

Power to, on payment of the appropriate fee, give a person

Section 60 Disaster Management


Page 25 of 309






OFFICER a copy of the local disaster management plan.

Act 2003.


Power to agree to unite with one or more other local governments for the purpose of preparing a local disaster management plan.



Power to consult with the chief executive regarding the chief executive establishing an SES unit for the local government area.

Section 84A Disaster Management Act 2003.


Power to nominate a member to be appointed the local controller of an SES unit by the chief executive.



Power to enter into an agreement with the chief executive that sets out the responsibilities of each party in relation to the SES in the local government’s area.

Section 88A Disaster Management Act 2003.


Power to consult with the chief executive regarding the chief executive establishing an ES unit (emergency service unit) in the local government area.



Power to consult with the chief executive regarding the functions of an ES unit in the local government area.



Power to nominate a member to be appointed as an ES unit coordinator by the chief executive.



Page 26 of 309







Power to require an owner or occupier to arrange for the removal of general waste and designate premises as serviced premises.

Section 10B Environmental Protection (Waste Management) Regulation 2000


Power to require an owner or occupier to supply waste containers other than standard general waste containers.

Section 10C(1) Environmental Protection (Waste Management) Regulation 2000


Power to supply premises with standard general waste containers.

Section 10C(2) Environmental Protection (Waste Management) Regulation 2000


Power to require a container to be kept at a particular place at a premises.

Section 10E(1)(a) Environmental Protection (Waste Management) Regulation 2000


Power to designate a location for the collection of waste from a place.

Section 10E(2) Environmental Protection (Waste Management) Regulation 2000


Power to require the owner/occupier of a serviced premises to supply: (a) an elevated stand; or (b) drained paved area for the waste container, and (c) hose cock and hose in the vicinity of the stand or paved area; and

Section 10F Environmental Protection (Waste Management) Regulation 2000

http://tiny.cc/82m2dw











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(d) suitable enclosure for the waste container.


Power to issue a notice to the owner/occupier of a serviced premises notice in relation to the removal of waste from a designated location.

Section 10H Environmental Protection (Waste Management) Regulation 2000


Power to give written approval to the owner or occupier of premises for depositing and disposing of waste and to impose conditions on the approval.

Section 10I(2) Environmental Protection (Waste Management) Regulation 2000


Power to require the owner/occupier of a premises where there is industrial waste to: (a) supply waste containers; (b) keep the waste containers in a specified location; and (c) keep the waste containers clean and in good repair.

Section 10J Environmental Protection (Waste Management) Regulation 2000


Power to require owner/occupiers of premises, where there is industrial waste, to treat the waste in accordance with Council’s requirements.

Section 10K Environmental Protection (Waste Management) Regulation 2000


Power to issue a notice to an owner/occupier to fill in a cesspit or cesspool.

Section 10M Environmental Protection (Waste Management) Regulation 2000

CHIEF EXECUTIVE

Power to provide written approval to an owner to place,

Section 10N







Page 28 of 309






OFFICER construct or alter a sanitary convenience.

Environmental Protection (Waste Management) Regulation 2000


Power to require the owner or occupier of premises to bury nightsoil in a particular place.

Section 10O Environmental Protection (Waste Management) Regulation 2000


Power to administer and enforce those powers devolved to Council.

Sections 68A and 68AA Environmental Protection (Waste Management) Regulation 2000


Power to provide the chief executive a copy of Council’s environmental plan within 4 years of the commencement of this Policy.

Section 17(1)(b) Environmental Protection (Water) Policy 2009


Power to review and update Council’s plan within 5 years of its publication.

Section 17(1)(c) Environmental Protection (Water) Policy 2009


Power to review and amend Council’s plan when requested to by the chief executive.

Section 17(2) Environmental Protection (Water) Policy 2009


Power to develop and implement an environmental plan about water cycle management.

Section 19 Environmental Protection (Water) Policy 2009

CHIEF EXECUTIVE

Power to develop and implement an environmental

Section 22 Environmental

http://tiny.cc/gcn2dw






Page 29 of 309






OFFICER plan about trade waste management.

Protection (Water) Policy 2009


Power, in cooperation with the chief executive, to develop a healthy waters management plan.

Section 24(2) Environmental Protection (Water) Policy 2009


Power, as an administering authority, to give an applicant a notice about an application that is not a properly made application.

Section 128 Environmental Protection Act 1994


Power to agree a further period within which the applicant must give notice under section 128.



Power, as an administering authority, to give a notice about an application made by joint applicants, to the principal applicant nominated in the application



Power, as an administering authority, to refuse to allow a change to an application if the change would result in the application not being a properly made application and the applicant does not take action to make the remade application properly made.



Power, as an administering authority, to give written agreement that a change to an application is a minor change.


CHIEF Power, as an administering Section 140


Page 30 of 309






EXECUTIVE OFFICER

authority, to make a written information request to the applicant to give further information needed to assess the application.

Environmental Protection Act 1994


Power, as an administering authority, to agree to extend the applicant’s information request response period.

Section 145 and 147 Environmental Protection Act 1994


Power, as an administering authority, to give the applicant an information notice prescribing an additional or substituted way to give public notice of an application.



Power to decide to allow or not allow substantial compliance with public notice requirements.



Power, as an administering authority, to be written notice to the applicant extend the decision period and further extend the decision period with the written agreement of the applicant.



Power, as an administering authority, to approve a standard application subject to the standard conditions for the relevant activity or authority.



Power, as an administering authority, to approve a variation application subject to the standard conditions for the relevant activity or authority or



Page 31 of 309






subject to conditions which are different to the standard conditions for the activity or authority.


Power, as an administering authority, to refuse a site-specific application or approve a site-specific application subject to conditions.



Power, as an administering authority, to impose a condition on an environmental authority or draft environmental authority to which section 115 applies.



Power, as an administering authority, to amend an environmental authority to correct a clerical or formal error by giving written notice to the holder but only if the amendment does not adversely affect the interests of the holder or anyone else.



Power, as an administering authority, to amend an environmental authority issued subject to conditions to replace the existing standard conditions with new standard conditions issued by the chief executive under section 318D.



Power, as an administering authority, to make an amendment to an environmental authority which is necessary or desirable



Page 32 of 309






because of a matter mentioned in section 215(2) or if the holder has agreed in writing to the amendment.


Power, as the administering authority, to make other amendments to an environmental authority in accordance with the procedure required by Chapter 5, Part 6, Division 2 or with the written agreement of the authority holder.



Power, as an administering authority, to decide whether an application made by the holder of an environmental authority to amend the authority is a minor or major amendment.



Power, as an administering authority, to give written agreement to the continued assessment of a changed application to amend an environmental authority.



Power, as an administering authority, to request further information needed to assess a changed amendment application which is not a minor change and to which the information stage applies.

Section 238(3) Environmental Protection Act 1994


Power, as an administering authority, to decide that the notification stage be repeated in respect of a changed



Page 33 of 309






amendment application which would be likely to attract a submission objecting to the change.


Power, as an administering authority, to decide to approve or refuse an amendment application.



Power, as an administering authority, to decide to approve an application to amalgamate environmental authorities or refuse an admalgamation application to which section 27(1)(b) applies.



Power, as an administering authority, to approve or refuse an application by the holder of an environmental authority to transfer all or part of the environmental authority to another entity.



Power, as an administering authority, to decide whether a final rehabilitation report includes enough information to decide that the requirements in section 264(1)(b)(i) have been met.



Power, as an administering authority, to make a written request to an applicant to give further information needed to assess an application to surrender an environmental authority.



Page 34 of 309







Power, as an administering authority, to approve or refuse a surrender application.



Power, as an administering authority, to cancel or suspend an environmental authority if an event mentioned in section 278(2) has occurred.



Power, as an administering authority, to decide to suspend or cancel an environmental authority.



Power, as an administering authority, to approve or refuse an application made by the holder of an environmental authority to suspend the environmental authority.

Section 284C Environmental Protection Act 1994


Power, as an administering authority, to impose a condition on an environmental authority requiring the holder to give financial assurances as security for compliance with the environmental authority and for costs or expenses mentioned in section 298.



Power, as an administering authority, to decide the amount and form of financial assurance required under a condition of an environmental authority.


CHIEF EXECUTIVE

Power, as an administering authority, to decide to make a claim on or realise a financial



Page 35 of 309






OFFICER assurance. Protection Act 1994


Power, as an administering authority, to by written notice require an applicant to give a compliance statement for a financial assurance before deciding an application to amend or discharge the financial assurance.



Power, as an administering authority, to approve or refuse an application by the holder of an environmental authority to amend the amount or form of a financial assurance stated in a notice given under section 296 or to discharge a financial assurance.



Power, as an administering authority, to require a change of the amount of a financial assurance.



Power, as an administering authority, to recover from the holder of an environmental authority as a debt, outstanding annual fees.



Power, as an administering authority, to change the anniversary day for an environmental authority for which an annual fee is prescribed, in the circumstances provided for by section 310(1)(a) and 310(1)(b).



Page 36 of 309







Power, as an administering authority, to change an anniversary day for an environmental authority.



Power, as an administering authority, to in the circumstances specified in section 314(1)(a) and 314(1)(b) require the holder of the environmental authority to make a site-specific application for a new environmental authority under Chapter 5 Part 2 or make an amendment application for the authority under Chapter 5 Part 7.



Power, as an administering authority, to ask any entity for advice, comment or information about an application made under Chapter 5.



Power, as a person aware of an event described in section 320A, to give written notice to the event, its nature and the circumstances in which it happened to the administering authority, any occupier of the affected land or any registered owner of the affected land, or by public notice.

Section 320C Environmental Protection Act 1994


Power, as employer aware of an event described in section 320A, to give written notice of the event, its nature and the

Section 320D Environmental Protection Act 1994


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circumstances in which it happened to the administering authority, any occupier of the affected land or any registered owner of the affected land, or by public notice.


Power, as an administering authority, to require a person to conduct or commission an environmental audit.



Power, as an administering authority, to require a person to conduct or commission an environmental investigation.

Section 326B Environmental Protection Act 1994


Power, as an administering authority, to ask for further information.

Section 326F Environmental Protection Act 1994


Power, as an administering authority, to require a person or public authority to submit a draft transitional environmental program.



Power to submit a draft transitional environmental program to the administering authority for approval.



Power, as an administering authority, to by written notice require the person or public authority that submitted the draft transitional environmental authority to give further information.

Section 334A Environmental Protection Act 1994

CHIEF EXECUTIVE

Power to make a submission in relation to a draft



Page 38 of 309






OFFICER transitional environmental program.

Protection Act 1994


Power, as an administering authority, to invite parties to a conference to help it determine whether or not to approve a draft transitional environmental program.



Power, as an administering authority, to seek advice, comment or information about a TEP submission.

Section 366A Environmental Protection Act 1994


Power, as an administering authority, to extend the period for decision about a draft transitional environmental program and approve a draft transitional environmental program.



Power, as an administering authority, to:- (a) approve a draft

transitional environmental program as submitted or with amendments requested or agreed to by the administering authority; or

(b) refuse to approve a draft transitional environmental program.



Power, as an administering authority, to impose on an approval of a draft transitional environmental program:- (a) any conditions the



Page 39 of 309






authority must impose under a regulatory requirement; and

(b) any other conditions the administering authority considers appropriate.


Power, as an administering authority, to give a person or public authority who submitted a draft transitional environmental program for approval written notice of the decision.



Power, as an administering authority, to approve a draft transitional environmental program if there has been substantial compliance with the public notice requirements.



Power, as an administering authority, to consider and approve or refuse an application to amend a transitional environmental program.



Power, as an administering authority, to apply to the Court for an order that section 353(1) does not apply.



Power, as an administering authority to:- • grant an application for a

temporary emissions licence as submitted or on different terms than have been requested in

Section 357E Environmental Protection Act 1994


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the application; or • refuse to grant the

application for a temporary emissions licence.


Power, as an administering authority, to amend, cancel or suspend a temporary emissions licence.

Section 357(J) Environmental Protection Act 1994


Power, as holder of a temporary emissions licence, to give written agreement to the amendment of the licence.

Section 357(J) Environmental Protection Act 1994


Power, as an administering authority, to issue an environment protection order.



Power, as owner or occupier of land, to advise the administering authority that- • a notifiable activity is

being carried out on the land; or

• the land has been, or is being, contaminated by a contaminant that Council knows to be hazardous contaminant.



Power, as local government, to notify the administering authority that- • a notifiable activity has

been, or is being, carried out in Council’s area; or

• land in its area has been, or is being, contaminated



Page 41 of 309






by a contaminant that Council knows is a hazardous contaminant.


Power, as owner of land, to made submissions in response to a notice from the administering authority that is land is being used for a notifiable activity or is contaminated.



Power, as owner of the land, to conduct or commission, or permit a person to conduct or commission, a site investigation.



Power, as the person who released the contaminant, the relevant local government or the owner of the land, to conduct or commission a site investigation where requested to do so by an administering authority.



Power, as the recipient of a notice to conduct or commission a site investigation, to apply to the administering authority to waive the requirement for a site investigation.



Power, as recipient of a notice to conduct or commission a site investigation, or person who submitted the report or to provide another site investigation report or to provide further information if

Section 385 (1) and (2) Environmental Protection Act 1994


Page 42 of 309






requested by the administering authority.


Power, as owner, to consent to another party entering its land to conduct or commission remediation works.



Power, as the person who released the hazardous contaminant contaminating the land, the relevant local government or the owner of the land, to conduct or commission remediation works in relation to contaminated land upon request by the administering authority.



Power, as the recipient of a remediation notice under section 391, to request it be waived.



Power, as owner of land, to consent to the preparation and submission of a draft site management plan by a third party.



Power, to prepare, or commission the preparation of, a site management plan if requested to by the administering authority.



Power, as the person who released the contaminant, the relevant local government or the owner of the land, to prepare, or commission the



Page 43 of 309






preparation of, a site management plan if requested to do so by the administering authority.


Power, as owner of land, to request the administering authority to waive the requirement to prepare a site management plan for contaminated land.



Power, as owner of land, to consent to a third party entering the land to prepare a site management plan.



Power, as owner of land, to agree to an amendment to the site management plan made by the administering authority.



Power, as the person who released the contaminant, the relevant local government or the owner of the land, to submit, at the request of the administering authority, a draft amendment of a site management plan.



Power, as an administering authority, to require a person to provide information for the enforcement and administration of this Act.



Power, as owner of land, to consent to an authorised person’s entry onto the land.


CHIEF Power, as an administering Section 454(3)(b) and


Page 44 of 309






EXECUTIVE OFFICER

authority, to issue a notice that an authorised person will enter land.

(4) Environmental Protection Act 1994


Power, as chief executive officer, to appoint an employee of the Council to be an authorised person.

Section 445(2) Environmental Protection Act 1994.


Power, as administering executive, to issue an identity card to each authorised person.



Power, as administering executive to destroy or dispose of a forfeited thing that becomes the property of Council.



Power, as chief executive officer, to delegate powers as administering executive or otherwise under the Act to an appropriately qualified employee of the local government and authorising sub-delegation by the employee of the powers delegated.

Section 517(2) and 517(3) Environmental Protection Act 1994


Power, as administering executive, to approve forms for use under the Environmental Protection Act 1994.



Power, as an administering authority, to waive payment of costs of investigation or remediation work.



Power, as an administering authority, to make an application to the court for an order against a defendant for costs.

Section 501(1)(c) Environmental Protection Act 1994


Power, as an administering authority, to carry out work or take other action reasonable

Section 502A(2) Environmental Protection Act 1994

http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental%20Protection%20Act%201994/463%20Forfeiture%20of%20seized%20thing%20on%20conviction



http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental%20Protection%20Act%201994/448%20Issue%20of%20identity%20cards









http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental%20Protection%20Act%201994/502A%20Administering%20authority%20may%20take%20action%20and%20recover%20costs


Page 45 of 309






necessary where a person has failed to comply with an order made under section 502.


Power, as an administering authority, to make an application to the Court to remedy or restrain an offence against this Act.



Power to exercise all the powers of the chief executive that have been delegated to Council. (Sub-section (2) permits sub delegation of these powers to a qualified entity).



Power, where the chief executive has delegated the powers as an administering authority to Council, to exercise those delegated powers.



Power, as an administering authority, to review a decision.



Power, as a dissatisfied person, to apply for a review of an original decision.



Power, as a dissatisfied person that has applied for a review under section 521, to apply to the Planning and Environment Court or the Land Court for a stay of operation of the original decision.



Page 46 of 309







Power, as a dissatisfied person, to appeal to the Land Court against a review decision of an original decision mentioned in schedule 2, part 1.



Power, as a dissatisfied person, to appeal to the Planning and Environment Court against a review decision of an original decision, other than a review decision to which Chapter 11, Part 3, Division 3, Subdivision 1 of this Act applies or a review decision that relates to an original decision mentioned in Schedule 2, Part 3.



Power, as an administering authority, to prepare and submit a report to the chief executive.



Power, as an administering authority, to request written notice of damage caused to land or something on the land by a person who enters land under an entry order.



Power, as an administering authority, to change or cancel a condition of an environmental authority given continuing effect under section 619(2)(d) or 619(4)(d) of this Act.


CHIEF EXECUTIVE

Power, as an administering authority, in relation to an

Section 621


Page 47 of 309






OFFICER activity being carried out under section 619(1) of this Act, to give the person carrying out the activity of development approval and a registration certificate.

Environmental Protection Act 1994


Power, as an administering authority, to give the registered operator for a level 1 approval for a level 1 chapter 4 activity taken to be a registration certificate under section 619, a notice stating that section 316 applies to the registration certificate.



Power, as an administering authority, to amend a condition about financial assurance imposed under Chapter 13 Part 7.



Power, as an administering authority, to consider or continue to consider, a ddraft transitional program submitted under section 332 or 333 before 4 April 2011 and decide whether to approve it under the unamended Act.



Power, as an administering authority, to approve or refuse an application made by the holder of a transitional authority, to convert the conditions of the transitional authority to the standard conditions for the authority or relevant activity.


http://www.lgaq.asn.au/group/epa/docs/-/bookmark/Environmental%20Protection%20Act%201994/621%20Administering%20authority%20may%20issue%20replacement%20documents


Page 48 of 309







Power, as an administering authority, to approve an application to convert a surrendered registration certificate to an environmental authority that has been suspended under Chapter 5, Part 11A of this Act.

Section 698B Environmental Protection Act 1994


Power to administer and enforce those provisions of the Act devolved to Council.

Sections 98, 99, 100 and 101, 102 Environmental Protection Regulation 2008


Power, as an administering authority, to recover as a debt an unpaid fee under the Act.

Section 116A Environmental Protection Regulation 2008


Power, as an administering authority, to recover a debt from the holder of an environmental authority an unpaid supplementary annual fee for an amended environmental authority.

Section 134 Environmental Protection Regulation 2008


Power to administer and enforce former environmentally relevant activities devolved to Council.



Power, as an administering authority, to refund:- a) the application fee for a

later application; and b) the annual fee for a

development approval for chemical storage.



Page 49 of 309







Power, as an administering authority, to refund to the holder of an environmental authority an annual fee if environmental authorities are amalgamated.



Power to consult with the commissioner about a notice under section 104G(1).

Section 104G(2) Fire and Rescue Service Act 1990


Power to consult with an authorised officer about a notice under section 104I(7) or (8).

Section 104I(9) Fire and Rescue Service Act 1990


Power to nominate a person to be appointed an assessor by the commissioner to help QCAT in section 104SG(1) proceedings.

Section 104SI(2)(b)(ii Fire and Rescue Service Act 1990


Power to furnish to the chief executive a return disclosing the particulars prescribed under a regulation relating to certain properties.

Section 109(1) Fire and Rescue Service Act 1990


Power to collect annual contributions and other amounts imposed by the local government pursuant to Part 10 of the Fire and Rescue Service Act.



Power to, by the first day of the financial year: (a) determine the prescribed properties within its area; and (b) determine the annual contributions payable in respect of prescribed

Section 112 Fire and Rescue Service Act 1990


Page 50 of 309






properties.


Power to give the chief executive information which is relevant to the determination of an appeal against a local government’s determination, if required by the chief executive.



Power to amend, revoke or renew a levy notice if the chief executive allows an appeal.



Power to decide the way in which it keeps an administration fee for performing functions under Part 10 of the Fire and Rescue Service Act.



Power to make payments to the department, for the fund, out of its operating fund from time to time.

Section 118 Fire and Rescue Service Act 1990


Power to refuse or grant, subject to any conditions, an application to pay contributions by instalments.



Power to engage a commercial agent (licensed as such under the Property Agents and Motor Dealers Act 2000) to collect annual contributions in arrears and recover the costs of those services.


CHIEF EXECUTIVE

Power to administer and enforce the following

Section 23(1)


Page 51 of 309






OFFICER provisions of the Food Act 2006: (a) section 39(1); (b) chapters 3 and 4; (c) chapter 6, other than section 159.

Food Act 2006


Power to administer and enforce sections 32, 33, 35 and 36 of the Food Act 2006, in conjunction with the State.

Section 24 Food Act 2006


Power to agree with the chief executive that the State may do a thing that is a matter of administration and enforcement for local government under section 23(1) of the Food Act 2006.

Section 25(1)(a) Food Act 2006


Power to agree with the chief executive that Council may do a thing that is a matter of administration and enforcement for the State under section 22(1) of the Food Act 2006.

Section 25(1)(b) Food Act 2006


Power to agree with the chief executive that the State may do a thing that is a matter of administration and enforcement for local government under section 23(1) of the Food Act 2006.



Power to agree with the chief executive that Council may do a thing that is a matter of administration and enforcement for the State under section 22(1) of the Food Act 2006.



Power to consult with the chief executive in relation actions taken by the State on Council’s behalf under section 26(2).

Section 27(a) Food Act 2006

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FoodA06.pdf




Page 52 of 309







Power to consult with the chief executive about the chief executive asking Council to provide information about matters administered and enforced by Council, either solely or in conjunction with the State, under the Food Act 2006.

Section 28(4) Food Act 2006


Power to consult with the chief executive, and provide information required by the chief executive, about the administration and enforcement of sections 24 and 25 of the Food Act 2006.



Power to consider and grant, or refuse to grant, an application for a licence to carry on a licensable food business.



Power to obtain and consider the written advice of an auditor about whether a food safety program complies with section 98.



Power to decide whether premises are suitable for carrying on a licensable food business.



Power to make enquiries as to the suitability of the applicant to hold a licence, and the suitability of the premises for carrying on a licensable food business.


CHIEF EXECUTIVE

Power to require the applicant to give Council further

Section 59(1)(b)



Page 53 of 309






OFFICER information or documents that Council reasonably requires.

Food Act 2006


Power to extend the time needed to make a decision about the application.



Power to agree with the applicant, at any time prior to the final consideration day, about the day upon which the application must be decided.



Power to issue a provisional licence, at any time prior to deciding an application for a licence.



Power to decide the term of the licence. (Note: not more than 3 years).



Power to decide the term of the provisional licence. (Note: not more than 3 months).



Power to extend, and further extend, the term of a provisional licence (to a total period of not more than 3 months after the provisional licence was issued).



Power to impose reasonable conditions on the licence.

Section 69(1)(e) Food Act 2006


Power to consider and renew, or refuse to renew, the licence for an application made under section 72(1) of the Food Act 2006.



Page 54 of 309







Power to consider and restore, or refuse to restore, the licence, where application has been made under section 73(1) of the Food Act 2006.



Power to consider and amend, or refuse to amend, a licence, where application has been made under section 74(1) of the Food Act 2006.



Power to require the applicant to give Council further information or documents Council reasonably requires to decide the application (for an application that is made under Chapter 3, Part 5, Division 2, Subdivision 1, i.e. sections 72(1), 73(1) and 74(1)).



Power to give an information notice where Council has failed to decide an application within 30 days of receipt under Chapter 3, Part 5, Division 2, Subdivision 1, i.e. Sections 72(1), 73(1) and 74(1).



Power to give a show cause notice.



Power to consider representations about a show cause notice.



Power to end the show cause process after considering representations made by the licensee.



Page 55 of 309







Power to suspend a licence after considering representations (if any).



Power to cancel a licence after considering representations (if any).



Power to suspend a licence immediately.



Power to give an information notice and show cause notice, as required, before suspending a licence pursuant to section 83(1).



Power, as the second local government, to take the same action as the first local government (except the power to cancel, suspend impose conditions or other similar action in relation to the licence).



Power, as the second local government, to advise the first local government of the thing done or omitted to be done by a licensee of a mobile food business.



Power, as the first local government, to take action, in relation to a thing done or omitted to be done by the licensee in the second local government area.


CHIEF Power to consider and grant, Section 97


Page 56 of 309






EXECUTIVE OFFICER

or refuse to grant, an application for a replacement licence.

Food Act 2006


Power to consider an application and to accredit, or refuse to accredit, the food safety program.



Power to obtain and consider the written advice of an auditor about whether or not the food safety program complies with the criteria in section 104.



Power, before deciding the application, to require the applicant to give further information or documents reasonably required to decide the application.



Power to give an information notice to the applicant where the application is refused under section 107.

Section 107(4) Food Act 2006.


Power to decide that more time is needed to make a decision about the application.



Power to agree with the applicant, at any time prior to the final consideration day, about the day upon which the application must be decided.



Power, after accrediting an applicant’s food safety program, to decide how often the program must have compliance audits.



Page 57 of 309







Power to determine changes to the frequency of compliance audits for a food safety program accredited by Council.

Section 110 Food Act 2006.


Power to consider an application and approve, or refuse to approve, the amendment of an accredited food safety program.



Power, before deciding the application, to require the applicant to give further information or documents reasonably required to decide the application.



Power to direct the holder of a Council accredited food safety program to amend the program.



Power to give the holder of a food safety program a show cause notice, and to decide the term of the show cause period.



Power to consider representations about a show cause notice.



Power, after considering written representations by the holder of the accredited food safety program, to take no further action.


CHIEF EXECUTIVE

Power to cancel the accreditation of a food safety

Section 121 (2)


Page 58 of 309






OFFICER program. Food Act 2006.


Power to conduct a nonconformance audit of a food safety program.



Power, as administering executive, to give directions to an authorised person in the exercise of powers under the Food Act 2006.



Power to appoint an authorised person for the purposes of the Food Act 2006.



Power, as administering executive, to sign a notice that states the conditions on which an authorised person holds office.



Power, as administering executive, to issue an identity card to each authorised person.



Power, if a seized thing is forfeited to Council, to deal with it a manner considered appropriate.



Power to approve an improvement notice where remedying the contravention would be likely to stop the food business from operating.



Power to apply to the District Court for an injunction.



Power, as the ‘reviewer’, to review an original decision under Chapter 3 or Chapter 4 of the Food Act 2006.


CHIEF EXECUTIVE

Power, as reviewer, to, at any time, extend the time to apply

Section 238(2)








Page 59 of 309






OFFICER for a review. Food Act 2006


Power, as reviewer, to, after reviewing the original decision, make a further decision to: (a) confirm the original decision; or (b) amend the original decision; or (c) substitute another decision for the original decision.



Power to sign a certificate stating that costs sought by Council under section 255 of the Food Act 2006 were incurred.



Power to deal with a thing forfeited to Council, under section 257, in manner considered appropriate.



Power to approve forms for use by the Council under the Food Act 2006.



Power to approve the appointment of an employee of Council as an authorised officer by Safe Food Production (QLD).

Section 83 Food Production (Safety) Act 2000


Power, as agency, to transfer an individual’s personal information to an entity outside Australia under certain circumstances.

Section 33 Information Privacy Act 2009


Power, as agency, to enter into a service arrangement with an entity other than an agency to provide services.


CHIEF EXECUTIVE

Power, as agency, to give access to a document created

Section 47 Information Privacy




http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FoodProdSafA00.pdf

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FoodProdSafA00.pdf


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OFFICER after the application for access is received.

Act 2009


Power, as agency, to search for a document on a backup system if it considers the search is appropriate.



Power, as agency’s principal officer, to deal with an access or amendment application.

Section 50(1) Information Privacy Act 2009


Power, as agency’s principal officer, to delegate the power to deal with an access or amendment application, provided the application does not involve making a healthcare decision or appointing a health care professional.

Section 50(2) and 50(5) Information Privacy Act 2009


Power, as agency, to appoint an appropriately qualified healthcare professional to make a healthcare decision in relation to an access or amendment application.

Section 50(5)(b) Information Privacy Act 2009


Power, as agency, to refuse to deal with an access or amendment application if: (a) the application does not comply with all relevant application requirements; and (b) the applicant has been afforded a reasonable opportunity to consult with a view to making the application comply.



Power, as agency, to refuse to deal with an access application if: (a) the application should have been


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/InfoPrivA09.pdf





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made under the Right to Information Act (because it is for access to a document other than to the extent it contains the applicant’s personal information); and (b) reasonable efforts have been made to inform the applicant that the application: (i) cannot be made under the Information Privacy Act; and (ii) should be made under the Right to Information Act; and (iii) may be changed so it can be made under the Information Privacy Act, or may be dealt with under the Right to Information Act by paying the application fee.


Power, as agency, at any time before a deemed decision is taken to have been made in relation to an access or amendment application, to ask applicant for a further specified period to consider the application. Note: more than one request can be made (section 55(2) Information Privacy Act



Power, as agency, to continue to consider an access or amendment application, if a further specified period has been requested under section 55(1), the applicant has not refused the request, and no notice that the applicant has applied for review has been



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received.


Power, as agency, to give access to a document that contains information the disclosure of which may reasonably be expected to be of concern to a government, agency, or person (a “relevant third party”), only if reasonably practicable steps are taken to obtain the relevant third party’s views on whether: (a) the document is a document for Chapter 3 of the Information Privacy Act (document of an agency or a Minister under the Right to Information Act); or (b) the information is exempt information or contrary to public interest information.



Power, as agency, to transfer an access or amendment application to another agency if the document is not in the original agency’s possession, but is, to the original agency’s knowledge, in the other agency’s possession, and the other agency consents.



Power, as agency, to refuse to deal with the application without having identified any or all of the documents, if the documents contain information of a stated kind or relate to a stated subject matter and it appears that all of the



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documents are comprised of exempt information (as defined in Schedule 3 of the Right to Information Act).


Power, as agency, to refuse to deal with an access or amendment application, or, if considering two or more access or amendment applications by the applicant, all the applications, if the work involved in dealing with the application, or all the applications, would substantially and unreasonably divert the resources of Council from use in performance of Council functions.



Power, as agency, to give the applicant: (a) written notice of the refusal to deal with an access or amendment application under section 60(1) Information Privacy Act; and (b) a reasonable opportunity to consult.



Power, as agency, to refuse to deal with a later access application for one or more of the same documents sought under the first access application by the same applicant, to the extent it is for access to documents in the first application, if the later application does not disclose any reasonable basis for



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seeking such access.


Power, as agency, to refuse to deal with a later amendment application for one or more of the same documents sought to be amended under the first access application by the same applicant, to the extent it is for amendment to documents in the first application, if the later application does not disclose any reasonable basis for seeking such access.



Power, as agency, after considering an access application, to decide whether to give access to the document and whether any access charge must be paid by the applicant.



Power, as agency, to refuse access to a document in the same way and to the extent access can be refused under section 47 Right to Information Act, were access to the document applied for under that Act.



Power, as agency, to give a prescribed written notice to an applicant, for an access application, of: (a) the decision on the application, including a decision to refuse to deal with the application; and (b) the fact that the document is not a document in the possession,



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or under the control, of Council, if this is the case.


Power, as agency, to not include any exempt information or contrary to public interest information in the notice given under section 68(1) Information Privacy Act.



Power, as agency, to give prescribed written notice to an applicant that does not include details required to be in a prescribed written notice under section 199(a) and (b) Information Privacy Act, but states that Council neither confirms nor denies the existence of the document, but assuming the document does exist, it would be a document to which access would be refused under section 67 Information Privacy Act to the extent it comprised prescribed information.



Power, as agency, after considering an amendment application, to decide whether amendment of the document is permitted.



Power, as agency, to give an applicant for an amendment application a prescribed written notice of the decision on the application.


CHIEF EXECUTIVE

Power, as agency, to not include reasons for a decision

Section 73(2) Information Privacy


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OFFICER to permit amendment of the document in the notice given under section 73(1) Information Privacy Act.

Act 2009


Power, as agency, to not include any exempt information or contrary to public interest information in the notice given under section 73(1) Information Privacy Act.



Power, as agency, if a decision to amend the document is made, to make the amendment by altering the personal information or adding an appropriate notation to the personal information.



Power, as agency, to waive an access charge.

Sections 80, 81 and 82 Information Privacy Act 2009


Power, as agency, to refuse to give access to a document in a form requested, if it would: (a) interfere unreasonably with Council’s operations, or (b) be detrimental to the preservation of the document, or (c) be inappropriate having regard to the physical nature of the document; or (d) involve an infringement of the copyright of a person other than the State, and give access in another form.


CHIEF EXECUTIVE

Power, as agency, to extend the period in which an

Section 84(2)


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OFFICER applicant may access a document.

Information Privacy Act 2009


Power, as agency, to defer giving access to a document for a reasonable period if the document was prepared: (a) for presentation to the Assembly or a committee of the Assembly; or (b) for release to the media; or (c) solely for inclusion in a document prepared for a purpose in (a) or (b).



Power, as agency, to delete irrelevant information from a copy of a requested document when giving access to that requested document, if the agency considers, after considering the terms of the application or consulting with the applicant, that the applicant would accept the copy and it is reasonably practicable to give access to the copy.



Power, as agency, to direct access to the document be given instead to an appropriately qualified healthcare professional nominated by the applicant and approved by the agency, where access was refused under section 47(3)(d) of the Right to Information Act, as applied under the Information Privacy Act.



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Power, as agency, to apply to the information commissioner for approval to waive or modify the obligation to comply with the privacy principles.



Power, as agency, to ask the information commissioner to extend the time within which to take action stated in a compliance notice.



Power, as agency, to apply to QCAT, as provided under the QCAT Act, for review of the information commissioner’s decision to give a compliance notice.



Power, as responsible person for a government representative, to delegate the obligation to give details under section 71(3) of the Integrity Act 2009 to the integrity commissioner.

Section 71(4) Integrity Act 2009


Power, as responsible person for a government representative, where a lobbyist carries out a lobbying activity with the government representative, to give the integrity commissioner information about the lobbyist or lobbying activity, if the information may be relevant to the integrity commissioner’s functions and powers under the Integrity Act 2009.

Section 72A(2) Integrity Act 2009


Power, as a person who may take water under the Water Act 2000, section 20(3), to exercise a right of access, a right of grazing and a right to bring action for trespass over

Section 13A(4) Land Act 1994

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/IntegrityA09.pdf

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/IntegrityA09.pdf


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the adjacent land.


Power, as owner of land having a non-tidal boundary (the relevant land), to apply to the chief executive (water) to have land adjoining the relevant land (the watercourse land) declared to be former watercourse land.

Section 13B(1) Land Act 1994


Power, as an applicant under section 13B(4), to appeal against the refusal of the application.



Power, as registered owner of land, to enter an agreement with the Governor in Council to exchange all or part of the freehold land for the grant of unallocated State land.

Section 18(1) Land Act 1994


Power, as lessee of a freeholding lease, to enter an agreement with the Governor in Council to exchange all or part of the freeholding for a freeholding lease over unallocated state land.



Power, as lessee of a term lease (other than a State lease or a perpetual lease) to exchange all or part of the term lease for a lease of unallocated State land for a term of years or in perpetuity.



Power, as a person seeking to have a plan of subdivision registered in relation to the



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land contained in a deed of grant in trust or lease, to apply to the Minister for the allocation of a floating reservation to some or all of the lots created by the plan.


Power, as an applicant under section 23A(1), to appeal against the Minister’s decision.



Power, as registered owner of the deed or lessee of a reservation to be sold under section 24(1), to apply to the Governor in Council to buy the land.



Power to appeal against the Minister’s determination of the unimproved value of land to be sold under section 24(1) of the Land Act 1994.



Power, as trustee, lessee or registered owner, to agree to the Minister’s proposal to change the boundaries of a lease, deed of grant or deed of grant in trust.



Power, as trustee, to appeal the Minister’s decision to change the boundaries of a lease, deed of grant or deed of grant in trust.



Power, as lessee or registered owner, to buy a forest entitlement area under sections 24 and 25.



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Power, as lessee or registered owner, to appeal against the value decided by the Minister for commercial timber.



Power, as trustee, to apply to the Minister to change the boundary of a reserve or the purpose of a reserve.

Section 31C Land Act 1994


Power, as recipient of a notice of proposal under section 31D, to make a submission against the proposal to the Minister.

Section 31E Land Act 1994


Power, as trustee, to consult with the Minister in response to a proposed State lease over a reserve.

Section 32 Land Act 1994


Power to apply to Minister to revoke the dedication of all or part of a reserve.



Power, as recipient of a notice of proposal to revoke the dedication of all or part of a reserve under section 34A(1), to make a submission against the proposed revocation by the Minister.

Section 34B Land Act 1994


Power, as owner of improvements on a reserve the dedication to which has been revoked, to apply to remove improvements on the reserve.

Section 34H(1) Land Act 1994


Power, as owner of improvements on a reserve the dedication to which has



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been revoked, to remove improvements with the written approval of the Minister.


Power, as trustee of an operational reserve, to apply for a deed of grant over the reserve.

Section 34I Land Act 1994


Power, as a person given notice of a proposal under section 34J(1) (other than a trustee of the operational reserve) to make a submission against the issue of the deed of grant to the Minister.

Section 34K Land Act 1994


Power, as trustee, to apply for an additional community purpose or to amalgamate land with common purposes.



Power, as trustee, to apply for the cancellation of a deed of grant in trust under section 38.



Power, as a person given notice of a proposal under section 38B, to make a submission against the proposal to the Governor in Council.



Power, as owner of improvements on a deed of grant in trust that has been cancelled, to apply to remove the improvements on the deed of grant in trust.

Section 38G(1) Land Act 1994

CHIEF EXECUTIVE

Power, as owner of improvements on a deed of

Section 38G(1) Land Act 1994


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OFFICER grant in trust that has been cancelled, to remove the improvements with the Minister’s approval.


Power to accept appointment as trustee.



Power, as trustee, to advise the chief executive of change in details.



Power, as trustee, to comply with the administrative, accounting function and other directions provided by Minister.

Sections 46, 47, 48 and 49 Land Act 1994


Power to take all necessary action for the maintenance and management of trust land.

Sections 52(1) Land Act 1994


Power, as trustee, to surrender all or part of a deed of grant in trust on terms agreed with the Minister and with the Minister’s written approval.



Power, as trustee, to apply to surrender all or part of a deed of grant in trust.

Section 55A Land Act 1994


Power, as a person given notice of a proposal under section 55B, to make a submission against the proposal of the Minister.


CHIEF EXECUTIVE

Power, as owner of improvements on a deed of grant in trust that has been



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OFFICER surrendered, to apply to remove the improvements on the deed of grant in trust.


Power, as owner of improvements on a deed of grant in trust that has been surrendered, to remove the improvements on the deed of grant in trust with the written approval of the Minister.



Power, as trustee, to lease all or part of the trust land if the trustee first obtains the Minister’s written “in principle’ approval to the lease.



Power, as trustee, to lease (a construction lease) all or part of trust land to the State for the construction of transport infrastructure and the provision of transport services on the lease land.

Section 57(2A) Land Act 1994


Power to seek the Minister’s approval to amend a trustee lease.



Power, as trustee, to transfer, mortgage or sublease a trustee lease subject to section 58(1)(a) and (b).



Power to appeal against the Minister’s decision to refuse to allow a transfer, mortgage or sublease of a trustee lease.


CHIEF EXECUTIVE

Power, as trustee, to issue a trustee permit to use all or part



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OFFICER of the trust land.


Power to lodge a trustee permit in the appropriate register.



Power to seek consent to group trust land reserved for similar purposes together.



Power to seek the Minister’s approval for rent from a trustee lease or trustee permit to be applied to costs other than on maintenance and enhancement of the trust land.



Power, as a relevant person, to apply for approval to lease, sublease or sub-sublease trust land even if an authority is in force.



Power, as trustee, to cancel a trustee lease or trustee permit if the lessee or permittee does not comply with the conditions of the lease or permit.



Power to allow the trustee lessee or trustee permittee to remove the trustee lessee’s or trustee permittee’s improvements on the land within a reasonable time stated by the trustee.



Power, as trustee of a deed of grant in trust, to mortgage a deed of grant in trust issued prior the commencement of the Land Act 1994, subject to



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the Minister’s approval under section 67(4).


Power to mortgage a deed of grant in trust issued after the commencement of the Land Act 1994 subject to section 67(3)(a) and (b) and the Minister’s approval under section 67(4).



Power, as trustee of trust land for cemetery purposes, to repair or remove structures, monuments or tombstones from a cemetery on trust land.



Power to ask the Minister that a cemetery on trust land be closed to further burials.



Power to ask the Minister to re-open a cemetery previously closed to further burials.



Power to agree to take on the trusteeship of a cemetery from trustees of the cemetery, and to agree on the terms of the transfer.



Power to seek approval from the Minister to exhume a body from a cemetery, in the absence of any local law covering the matter.



Power to apply to the Minister seeking approval to surrender land granted for an estate in fee simple for some community, public or similar



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purpose, the land to the State, and for the issue of a deed of grant in trust under this Act for a community or public purpose.


Power to apply for land to be dedicated as a road for public use.



Power to apply to the Minister to permanently close a road.



Power to apply to the Minister to temporarily close a road.



Power, as an adjoining owner of land permanently closed pursuant to section 99(1) of the Land Act 1994 to ask that the land be amalgamated with the adjoining owner’s adjoining land.



Power to object to a road closure application in response to a public notice.



Power, as a road licensee, to surrender all or part of a road licence.



Power, as registered owner of land, to apply for the simultaneous opening and closing of roads subject to the conditions in section 109A(1)(a), (b) and (c).

Section 109A(1) Land Act 1994.

CHIEF EXECUTIVE

Power, as registered owner, to ask the Minister to include

Section 109A(2)


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OFFICER land in the road being closed in the deed of grant in trust issued under section 358.

Land Act 1994


Power, as registered owner, to appeal against any conditions the Minister imposes under section 420I.

Section 109A(3) Land Act 1994.


Power, as trustee of lessee, to apply for the simultaneous opening or closing of roads subject to section 109B(1)(a), (b) and (c).

Section 109B(1) Land Act 1994.


Power to ask the Minister to include the land in the road being closed in the deed of grant in trust issued under section 358 or dedicated as a reserve under section 31A (whichever is applicable).



Power, as lessee, to ask that the land in the road being closed be amalgamated in accordance with section 109B(3)(a) or (b) (whichever is applicable).



Power, as trustee or lessee, to appeal against any conditions the Minister imposes under section 420I.



Power to apply for an interest in land that may be granted without competition.



Power, as lessee, to apply to the Minister that a lease be used for additional or fewer purposes.



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Power, as lessee, to apply for extension of a term lease up to 40 years.







Section 155BA(2) Land Act 1994


Power, as lessee, to apply for an offer of a new lease (a renewal application)



Power, as an applicant for a renewal application, to appeal against the chief executive’s decision to refuse the renewal application if the only reason for the refusal was that the applicant had not fulfilled the conditions of the lease.



Power, as lessee, to apply to convert a perpetual lease to freehold land and a term lease to a perpetual lease or to freehold land.



Power, as applicant for a conversion application, to appeal against the chief executive’s decision to refuse the conversion application if the only reason for the refusal was that the applicant had not fulfilled the conditions of the lease.



Power to appeal against the chief executive’s decision on the purchase price for the



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conversion of a lease to a deed of grant.


Power, as lessee, to apply for approval to subdivide the lease.



Power to appeal against the Minister’s decision to refuse an application for approval to subdivide a lease.



Power, as lessee of 2 or more leases, to apply to the Minister for approval to amalgamate the lots.

Section 176K Land Act 1994


Power to give the chief executive administering this Act an opinion in respect of a proposed road closure.

Section 176N Land Act 1994


Power, as a local government, to consult with the chief executive regarding the issue of a permit to occupy unallocated State land, a road or a reserve.



Power to apply for a permit to occupy unallocated State land, a reserve or a road.



Power, as an entity given a notice under section 177B about the proposed issue of a permit, to make a submission against the proposal to the chief executive.



Power, as an applicant for a permit to occupy, to enter an agreement with an adjoining



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owner about the maintenance of a fence and to give the chief executive that agreement.


Power, as a relevant entity, to apply to surrender or cancel a permit.



Power, as an entity given a notice under section 180B of a proposal to cancel a permit, to make a submission against the proposed cancellation to the chief executive.



Power, as a permittee for a permit that is cancelled or surrendered, to apply to remove the permittee’s improvements on the permit land.

Section 180H(1) Land Act 1994.


Power, as a permittee, to remove improvements with the chief executive’s written approval.



Power, as a lessee or licensee, to apply to the Minister to defer, wholly or partly, the payment of rent or installments for the lessee’s lease or licensee’s licence



Power, as lessee, licensee or permittee, to give the Minister the information asked for about the lease, licence or permit.


CHIEF EXECUTIVE

Power, as lessee, licensee or permittee, to apply to change



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OFFICER an imposed condition of the lease, licence or permit.


Power to appeal against the Minister’s decision to change an imposed condition about the protection and sustainability of the lease land.



Power, as a lessee, licensee or permittee, to do all things necessary to perform all of the conditions of tenure.



Power to make submissions to the Minister in response to a warning notice



Power, as a lessee or licensee to whom a remedial action notice has been given, to appeal against the decision to give the notice.



Power, as lessee, to appeal against the Minister’s decision to reduce the term of, or impose additional conditions on a lease.

Section 214F(3) Land Act 1994


Power, as a person who has a lawful interest in the matters listed at section 219(3)(a), (b) and (c), to claim compensation as prescribed by the Acquisition of Land Act 1967.



Power, as a compensation claimant, to appeal the Minister’s decision about the amount of loss, costs and expenses the claimant is



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entitled to claim.


Power, as owner of lawful improvements on a lease or part of lease resumed under the division, to claim compensation.



Power, as lessee, to appeal against the Minister’s decision on compensation payable.



Power, as owner of lawful improvements on all or part of a reservation resumed, to claim compensation.



Power, as owner, to appeal against the Minister’s decision on compensation payable.



Power, as a relevant local government of a term or a perpetual lease, to appeal against a decision under subsection (2)(b)(iv) to allow an entity other than the relevant local government to sell the lease.



Power, as lessee, to appeal against the Minister’s decision to forfeit a lease.

Section 240D(1) Land Act 1994


Power, after receiving a notice under section 235(1) or 238(3), as a lessee of a lease, to make written application for permission to sell the lease.

Section 240E(1) Land Act 1994

CHIEF EXECUTIVE

Power, as a local government, to apply to the Minister to sell

Section 240G Land Act 1994


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OFFICER a lease.


Power, as lessee of a forfeited lease, to remove the lessee’s improvements on the lease.

Section 243(1A) Land Act 1994


Power, as lessee of a forfeited lease, to remove the improvements with the written approval of the Minister.



Power to lodge a standard terms document and amend the standard terms document by lodging a further document.

Section 318 & 319 Land Act 1994


Power to transfer a lease, sublease or licence under the Act with the approval of the Minister, and to appeal a decision not to grant the transfer.



Power, as registered owner, to surrender freehold land on terms agreed between the Minister and the registered owner and with the Minister’s written approval.



Power, as lessee, to surrender a lease or part of a lease on terms agreed between the Minister and the lessee and with the Minister’s written approval.



Power, as registered owner or lessee, to apply to the Minister to surrender freehold land or all or part of a lease.



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Power, as a person given notice of a proposal to surrender a lease under section 327C (other than the lessee of the lease), to make a submission against the proposal to the Minister.

Section 327D Land Act 1994


Power, as owner of improvements on a lease that has been surrendered, to apply to remove the owner’s improvements on the lease.

Section 327I(1) Land Act 1994


Power, as owner of improvements on a lease that has been surrendered, to remove the owner’s improvements with the Minister’s written approval.

Section 327I(2) Land Act 1994


Power, as lessee, to give notice of the intention to surrender a lease.



Power to seek the Minister’s approval to sublease a lease and to appeal the Minister’s decision.



Power to seek the Minister’s approval to amend a sublease.



Power, as party to a sublease, to ask the chief executive to refer the dispute to mediation.



Power, as the registered owner or trustee, to surrender land if the description of the land is no longer correct,



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because of the reasons listed in section 358(1)(a) to (f).


Power, as registered owner or trustee, to surrender the land contained in the registered owner’s deed of grant or trustee’s deed of grant in trust if, on resurvey of the land, the boundaries of the land do not agree with the boundaries described in the existing deed or appropriate plan, and no doubt exists about the boundaries of the land, with the written approval of the Minister.



Power, as a lessee or a person acting for the lessee, to apply to amend the description in a freeholding lease if the description of the lease may be amended under section 360(1)(a) or (d).

Section 360C(1) Land Act 1994


Power, as a lessee or a person acting for the lessee, to apply to amend the description in a term lease, other than a State lease, or a perpetual lease if the description of the lease may be amended under section 360A(2)(a), (b) or (c).



Power, as a lessee or a person acting for the lessee, to apply to amend the description in a State lease if the description of the lease may be amended under



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section 360B(1)(a), (b), (c) or (d).


Power, as a person given notice of a proposal under section 360D, other than the lessee of the lease, to make a submission against the proposal to the designated person.



Power to sign the plan of survey for an easement where Council acts as the public utility provider or the owner of the land to be burdened.

Section 363(1)(b) Land Act 1994.


Power to sign a document surrendering an easement in favour of Council, where Council acts as one of the entities listed in section 371(2)(a) to (c).



Power, as trustee of trust land and a lessee, licensee or permittee, to start a proceeding in the Magistrates Court for unlawful occupation or trespass of trust land, lease, licence or permit.



Power, as a person who has a right to appeal against a decision mentioned in schedule 2, to apply to the Minister for a review of the decision.



Power, as a person who has applied for the review of a decision under division 2 and



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is dissatisfied with the review decision, to appeal to the court against the decision.


Power, as licensee, to surrender all or part of an occupation licence, on terms agreed to between the Minister and the licensee and with the Minister’s written approval.



Power, as a public utility provider or a licensee to apply to cancel or surrender all or part of an occupation licence.



Power, as a person given notice of a proposal under section 481C (other than the licensee or public utility provider who applied for the cancellation or surrender), to make a submission against the proposed cancellation or surrender to the Minister.

Section 481D Land Act 1994


Power, as a licensee of an occupation licence that is cancelled or surrendered absolutely, to apply to remove the licensee’s improvements on the licence.

Section 481J(1) Land Act 1994


Power, as a licensee, to remove the licensee’s improvements on the licence with the written approval of the Minister.

Section 481J(2) Land Act 1994


Power, as licensee of an occupation licence, to carry out improvements or



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development work on the licence only with the Minister’s written approval.


Power, as a local government, to apply to exchange the conditional deed for a reserve or deed of grant in trust with the local government as trustee or a lease granted under the Land Act 1994.



Power to agree to an allocation or dedication of land from the State, where the land has become an asset of the State by virtue of section 231 (repealed) of the Transport Infrastructure Act 1994.



Power to cause a pest management plan for declared pests to be drafted for Council’s local government area that complies with the requirements of the Land Protection (Pest and Stock Route Management) Act.

Sections 25, 26, 27 and 28 Land Protection (Pest and Stock Route Management) Act 2002


Power to review, or renew, its pest management plan when the Chief Executive Officer of the local government considers it appropriate.

Section 33(1) Land Protection (Pest and Stock Route Management) Act 2002


Power to determine when it is appropriate to review or renew Council’s pest management plan.


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LandPrPSRMA02.pdf





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Power to issue a ‘pest control notice’ pursuant to the Land Protection (Pest and Stock Management) Act.

Section 78 Land Protection (Pest and Stock Route Management) Act 2002


Power to consider and either grant or refuse an application to extend the compliance period for a ‘pest control notice’.



Power to issue an entry notice if the owner has failed to comply with a ‘pest control notice’, including authorising a pest controller to enter the owner’s land and take the action stated in the notice.

Sections 80 and 81 Land Protection (Pest and Stock Route Management) Act 2002


Power to ask the person responsible for registering title to the land and dealings affecting the land to register the charge.

Sections 85 Land Protection (Pest and Stock Route Management) Act 2002


The power to issue an emergency quarantine notice if a declared pest in Council’s local area is or reasonably could cause significant economic, environmental or social impact in Council’s area or the State.

Section 89 and 90 Land Protection (Pest and Stock Route Management) Act 2002


The power to direct an authorised person to take the action reasonably required under the emergency quarantine notice.











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Power to prepare a stock route network management plan.

Sections 105 to 109 inclusive Land Protection (Pest and Stock Route Management) Act 2002


Power to consider it appropriate for Council to review, or renew, its stock route network management plan.



Power to review, or renew, its stock route network management plan when the Chief Executive Officer of the local government considers it appropriate.



Power to by written notice, ask the applicant of a stock route permit to give further reasonable information or documents about the application by the reasonable date stated in the notice and refuse the application if the applicant does not comply.



Power to grant or refuse an application for a stock route agistment permit.



Power to grant or refuse an application to renew a stock route agistment permit.







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Power to impose on a stock route agistment permit the reasonable conditions it decides.



Power to amend the conditions of a stock route agistment permit.



Power to cancel a stock route agistment permit.



Power to require the holder of a stock route agistment permit to return the permit.



Power to ask the applicant to give the further reasonable information or documents about the application, and to refuse the application if the applicant does not comply.



Power to grant or refuse an application for for a stock route travel permit.



Power to require a stock route travel permit holder who gives a notice of the correct particular to return the permit.

Section 141 Land Protection (Pest and Stock Route Management) Act


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2002


Power to impose on a stock route travel permit the reasonable conditions it decides.



Power to amend a stock route travel permit.



Power to cancel a stock route travel permit.



Power to require the holder of a stock route travel permit to return the permit for an amendment under a decision made under certain sections of the Act.



Power to consider it necessary to build a stock-proof fence on the boundary of land adjoining a stock route network.



Power to issue a fencing notice.



Power to enter land at any reasonable time to build or complete the building of

Section 152 Land Protection



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the fence, or do anything necessary to make the fence stock-proof.

(Pest and Stock Route Management) Act 2002


Power to determine whether it is reasonably necessary to muster stock on relevant land in its area to monitor compliance with— (a) a stock route agistment permit; or (b) a stock route travel permit.



Power to give a mustering notice.



Power to manager and conserve pasture on its stock route network.



Power to require an owner to reduce the number of stock on the land.



Power to enter land at any reasonable time and muster the stock, if the holder does not comply with a mustering notice.

Section Land Protection (Pest and Stock Route Management) Act 2002


Power to determine that sufficient pasture will not be available for travelling stock on the network.

Section Land Protection (Pest and Stock Route Management) Act 2002

















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Power to seize stray stock found on the stock route network in Council’s area.



Power to give written notice of the seizure to the owner of the seized stock.



Power to release stock to a person entitled to possession, where the relevant fees are paid.



Power to sell seized stock by public auction or tender or dispose of seized stock in an appropriate manner.



Power to destroy the stock in an appropriate manner, where: (a) stock found on the stock route network are stray stock; and (b) it is not practicable to seize the stock under section 167; and (c) it is necessary to destroy the stock in the interests of public safety.



Power to consent to the burning or removal of pasture.























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Power to take action to comply with any notice given by the Minister in relation to the administration and enforcement of the Land Protection (Pest and Stock Route Management) Act.



Power to provide any information that the Minister may required in relation to: (a) details of amounts payable to Council under the Land Protection (Pest and Stock Route Management) Act; and (b) functions or powers performed or exercised or required to be performed or exercised by Council under the Land Protection (Pest and Stock Route Management) Act.



Power to appoint an authorised person to monitor compliance with the Land Protection (Pest and Stock Route Management) Act.



Power to cause to be published between 28 and 14 days before the commencement of a pest survey program, details required by the Land Protection (Pest and Stock Route Management) Act.



Power to appoint an authorised person for the purposes of administering and enforcing the provisions of the Land

Section 244 Land Protection (Pest and Stock




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Protection (Pest and Stock Route Management) Act 2002

Route Management) Act 2002


All the powers delegated by the chief executive (State department) to the CEO.



Power to consult with the valuer-general about an annual valuation of land.

Section 74 Land Valuation Act 2010


Power to make comments in regard to the grant of an adult entertainment permit.

Section 107D(2) Liquor Act 1992


Power to raise a matter and make comment to the chief executive, where Council is consulted in relation to an application for an extended hours permit.

Section 110(4)(a) Liquor Act 1992


Power to: (a) comment on the reasonable requirements of the public in the locality; or (b) object; in respect of the grant of a relevant application.

Section 117(2) Liquor Act 1992


Power to comment about particular applications.

Section 117A Liquor Act 1992


Power to make comment in regard to the grant of an application generally.

Section 121(c) Liquor Act 1992

CHIEF EXECUTIVE

Power to designate a “public place” as a “designated area”, for the purposes of permitting

Section 173C(1) and (2)








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OFFICER the consumption of liquor, and power to set the period or times during which the designation will have effect.

Liquor Act 1992


Power to advertise the designation made under section 173C(1), and power to erect signs advising of the designation, the period and times of the designation.

Section 173D(1) and (3) Liquor Act 1992


Power to repeal or amend the designation under section 173C, and power to advertise the repeal or amendment; erect signs that the designation has been amended; or remove signs if the designation has been repealed

Section 173E (1) and (3) Liquor Act 1992


Power to display a notice regarding a designation at or near each entrance to a place within a restricted area.

Section 173M(1) Liquor Act 1992


Power to: (a) suspend a restricted area designation for a public place for up to 10 days if the local government reasonably believes it is in the best interests of the area’s residents to do so; and (b) to display a notice about the suspension on each of the section 173M notices about the restricted area designation while the suspension is in force; and (c) to notify the Queensland Police Service

Section 173N(1), (3) and (4) Liquor Act 1992


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about the suspension.


Power to conduct a joint government activity.

Section 10 Local Government Act 2009


Power to carry out the responsibilities specified in section 13(3) Local Government Act 2009— (a) managing the local

government; (b) managing the other local

government employees through management practices that promote equal employment opportunities and are responsive to the local government’s policies and priorities;

(c) establishing and implementing goals and practices in accordance with the policies and priorities of the local government;

(d) establishing and implementing practices about access and equity;

(e) the safe custody of all records and documents;

(f) complying with reasonable requests from councillors under section 170A



Power to consult with relevant government entities about the overall State interest in a proposed local law.

Section 29A(3) Local Government Act 2009

CHIEF Power to conduct a public Section 46(2)

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EXECUTIVE OFFICER

benefit assessment of a new significant business activity

Local Government Act 2009


Power to prepare a report on the public benefit assessment in accordance with section 46(5) of the Local Government Act 2009.

Section 46(5) Local Government Act 2009


Power to exercise control of all roads in the local government area including the ability to survey and resurvey roads, construct, maintain and improve roads, approve the naming and numbering of private roads, and name and number other roads.



Power to give the owner of land a notice of intention to acquire land.



Power to lodge the copy of a notice of intention to acquire land with the Registrar of Titles for registration on the instrument of title to the land.



Power to decide a claim for compensation for a notice of intention to acquire land.



Power to acquire land after service of notice of intention to acquire instead of paying compensation for injurious affection.


CHIEF EXECUTIVE

Power to assess compensation for acquisition

Section 64 Local Government Act


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OFFICER of land. 2009


Power to serve notice of decision not to proceed to acquire land the subject of a notice of intention to acquire.



Power to withdraw notice of intention to acquire land.



Power to lodge with Registrar of Titles for registration a notice of a decision not to proceed with, or to withdraw, notice of intention of realignment of road or part of road.



Power to assess and pay the owner of land reasonable compensation for decrease in value of land because of decision not to proceed with realignment of a road or part of a road after giving a notice of intention to acquire land and the local government has made structural improvements on land that adjoins the road.



Power to acquire land that adjoins a road for use as a footpath.



Power to submit objection to application for opening or closing of road in local government area by someone other than the local government.



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Power to close a road (permanently or temporarily) to traffic or traffic of a particular class, if there is another road or route reasonably available for use by the traffic.



Power to close a road to traffic: (a) during a temporary obstruction to traffic; or (b) if it is in the interests of public safety; or (c) if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).



Power to publish notice of closing of road.



Power to do everything necessary to stop traffic using the road after it is closed.



Power to permit the use of any part of a road after it is closed to traffic for a temporary purpose subject to appropriate conditions.



Power to make a temporary road through land adjoining the road to be used while the road is being remade or repaired.


CHIEF Power to agree with owner or Section 70(3) and (4)


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EXECUTIVE OFFICER

occupier of land regarding local government entry and the giving of written or oral notice as specified in section 70(3) and (4) of the Local Government Act 2009.



Power to allow additional time to submit a claim for compensation in relation to a temporary road.



Power to agree with owner of land amount of compensation for physical damage caused by local government entering, occupying or using land under section 70 of the Local Government Act 2009.

Section 70(7) and (8) Local Government Act 2009


Power to fix and advise the owner or occupier or change the permanent level of a road under section 71 of the Local Government Act 2009.



Power to agree the amount of compensation payable under section 71 of the Local Government Act 2009.



Power to assess impact on roads of specified activities under section 72 of the Local Government Act 2009.



Power to require entity conducting activity on road to provide information under section 72 of the Local Government Act 2009.


CHIEF Power to give the entity Section 72 (3)


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EXECUTIVE OFFICER

conducting an activity a direction about the use of the road to lessen the impact and to require the entity to carry out works to lessen the impact or to pay an amount as compensation for the impact.



Power to categorise the roads in the local government area according to the surface of the road.



Power to prepare and keep up to date a map of every road including private roads in the local government area and a register of roads showing the category of every road, the level of every road that has a fixed level and other particulars prescribed under a regulation.



Power to approve the carrying out of works on a road or interference with a road or its operation subject to conditions.



Power to, by written notice, require the owner of a property to connect a stormwater installation for the property to the local government’s stormwater drain in the way, under the conditions and within the time stated in the notice.


CHIEF EXECUTIVE

Power to give approval for the connection of a stormwater



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OFFICER installation to the local government’s stormwater drain (including the imposition of conditions) in accordance with section 77 of the Local Government Act 2009.

2009


Power to give a notice requiring the owner of a property to perform sewerage installation works.



Power to perform work to fix damage and recover reasonable costs for the work from a person who puts a prohibited substance in the stormwater drain.



Power to provide a ferry service across a water course under section 80B of the Local Government Act 2009 including the leasing of the right to provide the ferry service.

Section 80B Local Government Act 2009


Power to apply to the Minister for approval to make a major policy decision during the caretaker period for an election for the local government.

Section 90B Local Government Act 2009


Power to register a charge over land for overdue rates and charges under section 95 of the Local Government Act 2009.


CHIEF EXECUTIVE

Power to lodge documents with the Registrar of Titles for

Section 95 Local Government

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local%20Government%20Act%202009/90B%20Prohibition%20on%20major%20policy%20decision%20in%20caretaker%20period

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local%20Government%20Act%202009/90B%20Prohibition%20on%20major%20policy%20decision%20in%20caretaker%20period


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OFFICER release of the charge if overdue rates and charges are paid.

Act 2009


Power to sign a certificate as to a charge over land for overdue rates and charges.



Power to establish an efficient and effective internal audit function.



Power to maintain public liability insurance and professional indemnity insurance.



Power to enter into a contract of insurance with WorkCover Queensland or another insurer to cover its councillors.



Power to give the public notice of the disbursement of funds not provided for in the local government’s budget



Power to give or to attempt to give an occupier of a property a written notice that informs the occupier of the local government’s intention to enter the property



Power to assess, agree and pay compensation for damage or loss incurred by a person because of the exercise, or purported exercise, of a power under division 1 part 2 chapter 5 of the Local Government Act 2009.



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Power to authorise an employee or agent of the local government to act as a local government worker.



Power to give each local government worker an identity card

Section 138(A)1 Local Government Act 2009


Power to give a reasonable entry notice, as defined by section 138AA(4), to the occupier of a property that a local government worker may enter the property and take action required under a remedial notice.



Power to recover as a debt the amount that the local government properly and reasonably incurs in taking the action.



Power to recover a debt payable under section 142 of the Local Government Act 2009 as if the debt were an overdue rate.

Section 142 (7) Local Government Act 2009


Power to give reasonable notice to the owner and the occupier of rateable land of entry by a local government worker to search for and remove materials.



Power to agree and to pay the amount of compensation payable to a person who incurs damage or loss during the course of the exercise, or


http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local%20Government%20Act%202009/138%20What%20this%20division%20is%20about



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purported exercise, of a power under division 2, part 2, chapter 5 of the Local Government Act 2009.


Power to direct an authorised person to exercise a power under Division 3 of Part 3 of Chapter 5 of the Local Government Act 2009

Section 148E Local Government Act 2009


Power to direct an authorised person to make inquiries as to whether and to what extent the register or record is incorrect.

Section 148F(2) Local Government Act 2009


Power to give a direction to an authorised person to require a person to give information or produce a document relating to an error, omission or offence relating to a register or record.

Section 148G(2) Local Government Act 2009


Power to report conclusion on reasonable grounds that an offence has been committed to the department’s chief executive.

Section 148H (1) Local Government Act 2009


Power to take the declaration of office of a councillor.



Power to give written notice of a complaint about the conduct or performance of a councillor to the Chief Executive Officer.

Section 176(B) Local Government Act 2009


Power to conduct a preliminary assessment of a complaint about the conduct or performance of a councillor

Section 176B(4) Local Government Act 2009


Power to decide to take no further action in relation to a complaint

Section 176C(2) Local Government

http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local%20Government%20Act%202009/148F%20Making%20of%20inquiries%20for%20local%20government






http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local%20Government%20Act%202009/148H%20Referral%20to%20department



http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local%20Government%20Act%202009/170A%20Requests%20by%20councillors%20for%20advice%20or%20information






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assessed to be about a frivolous matter or made vexatiously, or that the complaint is lacking in substance.

Act 2009


Power to refer a complaint assessed to be about inappropriate conduct

Section 176C(3) Local Government Act 2009


Power to refer a complaint assessed to be about misconduct



Power to otherwise deal with a complaint in the mannter prescribed by subsections (5) and (6) of section 176C.



Power to give written notice required by subsection (7) of section 176C



Power to keep records of complaints and their outcomes and ensure public may inspect same

Section 181A Local Government Act 2009


Power to appoint local government employees (other than senior executive employees).



Power to take disciplinary action against a local government employee.



Power to agree with other local governments about the joint employment of a local government employee.



Power to appoint a qualified person to be an authorised person.


CHIEF Power to determine the competencies Section 202(2)

















http://www.lgaq.asn.au/group/lga/docs/-/bookmark/Local%20Government%20Act%202009/196%20Appointing%20other%20local%20government%20employees







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EXECUTIVE OFFICER

necessary to perform the responsibilities required to be performed by the authorised person.



Power to give written notice of conditions of appointment.



Power to ask the police commissioner to give the chief executive the information about an authorised person specified in section 204B(1) Local Government Act 2009.

Section 204B(1) Local Government Act 2009


Power to enter into an arrangement of a councillor under which – (a) the councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and (b) the local government agrees to contribute the percentage or amount to the superannuation scheme for the councillor.



Power to make a submission as a local governing body within the meaning of the Local Government (Financial Assistance) Act to assist the Local Government Grants Commission to make a decision about funding under the Local Government (Financial Assistance) Act.


CHIEF EXECUTIVE

Power to sign a document on behalf of a local government



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OFFICER as a delegate of the local government.

2009


Power to effect substituted service.



Power to give instructions and act as authorised agent for the local government and sign all documents for the local government in any legal proceedings.



Power to authorise an employee in any legal proceedings – (a) to give instructions and act as the authorised agent for the local government; and (b) sign all documents for the local government.



Power to certify a document to be a true copy of an entry in a record of the proceedings of a local government or a committee of a local government in accordance with section 249(1) Local Government Act 2009.



Power to do anything that is necessary or convenient for performing the responsibilities of the local government under a Local Government Act.



Power to authorise an employee of a local government to conduct searches or registers or documents about land in the land registry in accordance with the practice of the registry without payment of a fee.

Section 265A (1) Local Government Act 2009


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Power to decide the amount of a fee for a request of an extract or certified copy of a local law from the local government’s register of local laws.

Section 14(2) Local Government Regulation 2012


Power to identify and assess each new significant business activity for possible reform involving full cost pricing, commercialising, or corporatizing the activity.

Section 18 Local Government Regulation 2012


Power to decide what to charge for goods or services provided in conducting a significant business activity in accordance with section 22 Local Government Regulation 2012.



Power to conduct a 2 part charge assessment for providing water services

Section 41(1)(a) Local Government Regulation 2012


Power in relation to a mall to do any of the following: (a) anything necessary or

desirable for developing, managing, maintaining (including cleaning), promoting or using a mall;

(b) permit the use of any part of the mall on conditions it considers appropriate;

(c) anything incidental to its powers mentioned in (a) or (b).



Page 113 of 309







Power to construct, maintain, manage and regulate the use of: (a) harbours for small

vessels in or over tidal waters; and

(b) jetties, breakwaters and ramps in or over tidal waters; and

to occupy and use foreshore, tidal land or tidal waters to undertake work in exercising those powers.



Power to take all necessary steps for: (a) construction on,

maintenance of or improvement of the land; and

(b) regulation of the use of the land,

where the land is subject to a public thoroughfare easement.



Power to enter into arrangements necessary to perform the joint responsibility of the local government where a road or other work is to be, or has been, built: (a) along the boundary

between two or more local government areas; and

(b) partly in each of the areas.


http://www.legislation.lgaq.asn.au/en_GB/web/guest/legislation-viewer?p_auth=0FZt1vIi&p_p_id=bookmarks_WAR_legislationportal&p_p_lifecycle=1&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_pos=2&p_p_col_count=3&_bookmarks_WAR_legislationportal_id=1559&_bookmarks_WAR_legislationportal_javax.portlet.action=selectSection




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Power to identify, in any way considered appropriate, parcels of rateable land to which a minimum amount of general rates apply.



Power to allow a longer period than prescribed for the owner of land to object to the categorisation of the owner’s land for rating purposes.

Section 88(4)(d)(ii) Local Government Regulation 2012


Power to appoint a qualified person as a categorisation officer for division 2, part 5, chapter 4 Rates and Charges Local Government Regulation 2012



Power to allow a longer period within which an owner of rateable land must give an objection notice.

Section 90(5)(b) Local Government Regulation 2012


Power to consider objections to the rating category for land and decide to change the rating category or not to allow the objection



Power to determine a period considered appropriate for the issue of a rate notice.



Power to give a benefit that is not a discount as an inducement for payment of rates or charges before the due date for payment.



Power to decide: (a) the rate of interest

payable; (b) the day from which

interest is, payable on



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overdue rates or charges; and

(c) the manner of the calculation of interest.


Power to recover overdue rates or charges by bringing Court proceedings for a debt.



Power to sign a notice of intention to sell under section 140 Local Government Regulation 2012



Power to set a reserve price for the sale by auction of land for overdue rates and charges.



Power to enter into negotiations with the highest bidder at the auction to sell the land for overdue rates or charges and to form an agreement to sell the land.



Power to decide any other information considered appropriate for inclusion in a land record.

Section 154(2)(e) Local Government Regulation 2012


Power to certify a copy of an entry in the land record.



Power to give a grant to a community organisation in the public interest and consistent with the local government’s community grants policy.



Power to spend money on entertainment or hospitality consistent with the local



Page 116 of 309






government’s entertainment and hospitality policy.


Power to spend money on advertising to provide information or education that is in the public interest and consistent with the local government’s advertising spending policy.



Power to transfer money to or from a trust fund in accordance with section 201 Local Government Regulation 2012



Power to present a report of an audit committee (compiled pursuant to section 211(1)(c) of the Local Government Regulation 2012 to the next meeting of the local government.



Power to agree a date with the Auditor-General by which the financial statements must be given to the Auditor-General



Power to set the value limit for valuable non-current assets other than land.



Power to invite written quotes for a medium-sized contractual arrangement.



Power to decide to accept a quote or to decide not to accept any of the quotes it receives for a medium-sized contractual arrangement.

Section 225(3) and (4) Local Government Regulation 2012

CHIEF EXECUTIVE

Power to invite written tenders for a large-size contractual

Section 226


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OFFICER arrangement. Local Government Regulation 2012


Power to invite written tenders for a valuable non-current asset contract or to offer a non-current asset for sale by auction.



Power to invite expressions of interest, prepare a shortlist and invite written tenders pursuant to section 228 Local Government Regulation 2012.



Power to decide to accept a tender or not to accept any tenders it receives.

Section 228(8) and (9) Local Government Regulation 2012


Power to enter into a medium-sized contractual arrangement or large-sized contractual arrangement in accordance with a quote or tender consideration plan adopted by local government resolution.



Power to enter into a medium-sized contractual arrangement or large-sized contractual arrangement for services with a person on an approved contractor list.



Power to put together an approved contractor list.


CHIEF EXECUTIVE

Power to enter into a contract for a medium-sized

Section 232(2) Local Government


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OFFICER contractual arrangement or large-sized contractual arrangement for the supply of goods or services with a supplier from a register of pre-qualified suppliers.

Regulation 2012


Power to establish a register of pre-qualified suppliers of particular goods or services.



Power to enter into a medium-sized contractual arrangement or large-sized contractual arrangement for goods or services with a preferred supplier under a preferred supplier arrangement.



Power to establish a preferred supplier arrangement by inviting tenders.

Section 233(3) to (8) Local Government Regulation 2012


Power to enter into a contract for goods and services under an LGA arrangement.



Power to enter into a medium-sized contractual arrangement or large-sized contractual arrangement in circumstances specified in section 235 Local Government Regulation 2012.



Power to dispose of a valuable non-current asset other than by tender or auction in circumstances specified in section 236 Local Government Regulation 2012.



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Power to adjourn a meeting of a local government if no councillors are present

Section 261(2)(c) Local Government Regulation 2012


Power to allow a councillor to take part in a meeting by teleconferencing.



Power to publish the list of items to be discussed at a meeting, including details or documents relating to an item, on the local government’s website.



Power to record particulars of each person given access to a register of interests, and the date of that access.



Power to inform the person to whom the register of interests relates, the day that access to their register was given



Power to make a reasonable allocation of its administrative and overhead costs to each relevant activity, having regard to all of a local government’s relevant activities.

Schedule 3 section 5 Local Government Regulation 2012


Power to decide an amount for depreciation of an asset used in conducting a relevant activity that is appropriate in the circumstances.



Power to work out tax equivalents for Commonwealth or State taxes a local government is not liable to pay as a local government in accordance with schedule 3 section 8 Local Government



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Regulation 2012.


Power to decide the amount for the return on capital used by a local government in conducting a relevant activity in accordance with schedule 3 section 10 Local Government Regulation 2012.



Power to carry out a compliance assessment of plans or work in relation to compliance assessable work or on-site sewerage work by or for a public sector entity and, if satisfied, issue a compliance permit if it is a plan and a compliance certificate if it is for a work.

Section 84 Plumbing and Drainage Act 2002


Power, as a relevant service provider, to give written consent before a compliance permit or certificate is issued.

Section 84(5) Plumbing and Drainage Act 2002


Power to respond to a compliance request for compliance assessable work or on-site sewerage work, including requesting further information, deciding the request and imposing reasonable and relevant conditions.



Power to give a copy of a compliance permit to: a) The owner of premises

to which a permit relates; and


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PlumbDrainA02.pdf









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b) The water services provider, where Council is not the provider, and the work involves the installation of water meters.


Power, upon refusal to give a compliance permit or the grant of a compliance permit on conditions, to give the person who made the request and information notice about the decision.



Power to assess and decide all requests for compliance assessment for compliance assessable work or on-site sewerage work according to the provisions of the Plumbing and Drainage Act 2002 and Standard Plumbing and Drainage Regulation 2003.



Power to decide not to assess compliance assessable work or on-site sewerage work if an approved person for the assessment gives Council a notice in the approved form verifying that the work complies with the relevant compliance permit and the Standard Plumbing and Drainage Regulation 2003.



Power to ask the person making a request to assess compliance assessable work or on-site sewerage work to supply a plan of the assessed











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work.


Power to ask a person who has completed regulated work or on-site sewerage work in a remote area to supply a plan of the completed work.

Section 86A(3)(b) Plumbing and Drainage Act 2002


Power to replace a compliance certificate with a certificate that has different conditions for the ongoing operation, maintenance or testing of a relevant greywater use facility or on-site sewerage facility.

Section 86D Plumbing and Drainage Act 2002


Power to issue a written notice requiring a former holder of a compliance certificate for testing purposes to remove all or a stated part of a greywater use facility or on-site sewerage facility.

Section 86E Plumbing and Drainage Act 2002


Power to amend any compliance certificate for work for testing purposes if it is necessary or desirable due to changes in a relevant chief executive’s approval.

Section 86G Plumbing and Drainage Act 2002


Power to assess notifiable work that has been completed.



Power to administer the Standard Plumbing and Drainage Regulation for Council’s area, or those areas not under Council’s control that it has been requested to





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administer by the entity that has control of the area.


Power to appoint those individuals that have the qualifications and experience prescribed under the Standard Plumbing and Drainage Regulation 2003 as an inspector for the purposes of the Plumbing and Drainage Act 2002.



Power to issue an inspector’s instrument of appointment with or without conditions limiting the inspector’s powers under the Plumbing and Drainage Act 2002.



Power to sign a notice containing conditions limiting an inspector’s powers under the Plumbing and Drainage Act 2002.

Section 108 Plumbing and Drainage Act 2002.


Power to issue an identity card to each inspector appointed under section 107 of the Plumbing and Drainage Act 2002.



Power to issue show causes notices before a local government gives a person an enforcement notice under section 116(1)(a)(ii) to (iv) or (2) of the Plumbing and Drainage Act2002.

Sections 115 Plumbing and Drainage Act 2002


Power to issue an enforcement notice to the owner of premises requiring the owner to do a stated thing.





Page 124 of 309







Power to issue an enforcement notice to a person who has performed plumbing or drainage work or on-site sewerage work requiring the person to do a stated thing.



Power to give an enforcement notice to the owner or occupier of the premises to install a backflow prevention device.

Section 117(2)(a) Plumbing and Drainage Act 2002


Power to give an enforcement notice to the owner or occupier of the premises to register a backflow prevention device that is required to be registered under the Standard Plumbing and Drainage Regulation 2003.

Section 117(2)(b) Plumbing and Drainage Act 2002


Power to give an enforcement notice to the owner or occupier of the premises to have a backflow prevention device inspected, tested and if necessary repaired or replaced by a licensee licenced to do the work.

Section 117(2)(c) Plumbing and Drainage Act 2002


Power to authorise a person to dismantle or take away all or part of a grey-water treatment plant.

Section 127A Plumbing and Drainage Act 2002


Power to authorise a person to dismantle or take away all or part of an on-site sewerage facility.


CHIEF Power to approve the disposal Section 128OA


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EXECUTIVE OFFICER

of the contents of a greywater treatment plant into the infrastructure of the sewerage service provider for the area in which the plant is located.

Plumbing and Drainage Act 2002


Power to approve the disposal of the contents (other than effluent) of an on-site sewerage facility that has not been installed only for testing purposes.

Section 128P(2) Plumbing and Drainage Act 2002


Power to approve the disposal of effluent from an on-site sewerage facility that has not been installed only for testing purposes.

Section 128P(4) Plumbing and Drainage Act 2002


Power to monitor greywater use facilities in Council’s local government area.

Section 143B Plumbing and Drainage Act 2002


Power to monitor an on-site sewerage facility installed for testing purposes in sewered areas in Council’s local government area.

Section 143C Plumbing and Drainage Act 2002


Power to administer and enforce the Act for Council’s area.

Section 9 Public Health (Infection Control for Personal Appearance Services) Act 2003


Power to consider all applications for licences, and determine whether to grant or refuse the application.



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Power to grant an application for a licence only if Council is satisfied— (a) the applicant is a suitable person to hold a licence; and (b) the premises at which the higher risk personal appearance services are to be provided are suitable for providing the services.



Power to have regard to the matters listed in this section in deciding whether a person is a suitable person to hold a licence.



Power to have regard to all the matters listed in this section in deciding whether the premises at which higher risk personal appearance services are to be provided are suitable for providing the services.



Power to make inquiries before making a decision regarding sections 35 and 36 and, by giving notice to the applicant, require the applicant to give Council, within the reasonable time of at least 40 days stated in the notice, further information or a document Council reasonably requires to decide the application.



Power to impose conditions on a licence.

Sections 38(2) and 41(1)(c) Public Health (Infection Control for


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Personal Appearance Services) Act 2003


Power to decide the earlier ending date of a licence.



Power to consider all applications for renewals of licences, and determine whether to grant or refuse the application for renewal.



Power to give a notice to a licensee requiring the licensee to give Council, within a reasonable period of at least 40 days stated in the notice, further information or a document Council reasonably requires to decide a licence renewal application.



Power to consider all applications for amendments to licences, and determine whether to grant or refuse the application to amend the licence.



Power to give a notice to the licensee requiring the licensee to give Council, within a reasonable period of at least 40 days stated in the notice, further information or a document Council reasonably requires to decide an licence amendment application.



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Power to determine whether to grant or refuse the application to transfer the licence by having regard to whether the transferee is a suitable person to hold a licence and whether the premises are suitable for providing higher risk personal appearance services.



Power to give a notice to the licensee requiring the licensee to give Council, within a reasonable period of at least 40 days stated in the notice, further information or a document Council reasonably requires to decide a licence transfer application.



Power to, for forming a belief that the ground for suspending or cancelling a licence mentioned in subsection (1)(a) exists, have regard to the matters to which Council may have regard in deciding whether a proposed licensee is a suitable person to hold the licence

Section 51(2) Public Health (Infection Control for Personal Appearance Services) Act 2003


Power to issue a ‘show cause notice’.



Power to determine whether grounds continue to exist for the suspension or cancellation of a licence after issuing the

Sections 54 and 55 Public Health (Infection Control for Personal Appearance


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licensee with a ‘show cause’ notice, and if so, determine whether to suspend or cancel the licence.

Services) Act 2003


Power to suspend a licence immediately if Council believes— (a) a ground exists to suspend or cancel the licence; and (b) it is necessary to suspend the licence immediately because there is an immediate and serious risk of infection to the licensee’s clients.



Power to consider all applications for a replacement licence, and determine whether to grant or refuse the application for the replacement licence.



Power to make an agreement with a licensee intending to provide higher risk personal appearance services from mobile premises to allow a lesser period for notification to Council of the licensee’s intentions.



Power to, where Council is the second local government for a licence under the Act, notify the first local government where it is reasonable to believe that a mobile licensee or operator has contravened their licence.


CHIEF Power to, where Council is the Section 69


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EXECUTIVE OFFICER

first local government and has been notified by a second local government of their reasonable belief that a mobile license holder or operator has breached their licence conditions, take action under the Act.

Public Health (Infection Control for Personal Appearance Services) Act 2003


Power to appoint authorised persons.



Power to apply conditions to an authorised person’s powers under the Act by giving the person a signed notice.



Power to monitor compliance with the Act by having authorised persons inspect places of business in Council’s areas and recover monitoring costs from business proprietors.



Power to charge a business proprietor an inspection fee to check if the remedial notice given by an authorised person acting for Council to the proprietor has been complied with.



Power to prosecute a business proprietor or operator for the contravention of a relevant provision for

Section 111(7) Public Health (Infection Control for Personal Appearance


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which a remedial notice has been issued without an authorised person first issuing a remedial notice for the contravention.

Services) Act 2003


Power to, at any time, extend the time for applying for a review of Council’s original decision relating to a licence application.



Power to, upon request, review an original decision and make a determination according to section 122 of the Act.

Part 7, Division 1 Public Health (Infection Control for Personal Appearance Services) Act 2003


Power to, following the conviction of a person of an offence against this Act, apply to the court for an order against the person for the payment of the costs Council has incurred in taking a thing or doing something else during the investigation of the offence.



Power to deal with a thing forfeited to Council, including destroying the thing.



Power to commence proceedings against a person who has committed an offence against the Act.



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Power to approve forms to be used in the administration and enforcement of the Act.



Power to, with regard to an application for registration of premises made under part 15 of the former regulation, assess the suitability of the application and the premises under this Act, and make inquiries and require further information or a document under section 37 of the Act.



Power to, with regard to an application for renewal of registration of premises made under part 15 of the former regulation, assess the suitability of the applicant and the premises under this Act, and make inquiries and require further information or a document under section 45 of the Act.



Power to, with regard to an application for registration or renewal of registration of 2 or more premises to which sections 153(2) and 154(2) apply, issue a single licence to cover all the premises.



Power to administer and enforce the Act regarding local government public health risks and a regulation made under

Section 13 Public Health Act 2005


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section 61 stating that the regulation is to be administered and enforced by local governments only.


Power to agree with the chief executive to administer or enforce the Act in partnership with the State.



Power to exercise the powers Council has agreed to exercise pursuant to an agreement under section 14(1)(b) of this Act.

Section 14(3) Public Health Act 2005


Power to consult with the chief executive before the chief executive takes any action under section 15(3) of the Act.



Power to consult with the chief executive before the chief executive issues a notice requiring Council to provide information about its administration and enforcement of a matter under chapter 2.



Power to consult with the chief executive of a department administering the Acts under section 22(1) before the authorised person issues a public health order under section 22 of this Act.



Power, as an issuing authority, to apply to a magistrate for an order enforcing a public health order (an enforcement order).



Power, as an issuing authority, to enter a place to take steps to remove or reduce the risk to public health from the public

Section 27(2)(b) Public Health Act 2005

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PubHealA05.pdf











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health risk or prevent the risk to public health from recurring, if ordered by a magistrate.


Power, as an issuing authority, to recover the amount, plus interest, a person has been ordered to pay under an enforcement order as an overdue rate payable to Council under the Local Government Act 2009.

Section Public Health Act 2005


Power to lodge a request to register with the registrar of titles, in the appropriate form over the land, an unpaid amount, including interest, that is payable to Council under an enforcement order relating to a public health risk on land owned by a person as a charge on the land.

Section Public Health Act 2005


Power to sign a certificate stating an unpaid amount is a charge over the land.

Sections 32 and 407 Public Health Act 2005


Power to consult with the chief executive before the chief executive authorises a prevention and control program which relates to Council’s local government area.



Power to agree to the chief executive authorising Council to undertake a prevention and control program.


CHIEF EXECUTIVE

Power, as a water service provider, to inform the

Section 57B Public Health Act






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OFFICER authorised person that Council believes that it has complied with an improvement notice issued under this division.

2005


Power to enter into an agreement with the chief executive for the disclosure of confidential information.

Sections 84(1)(b)(i) and (2)(a), 226(1)(b)(i) and (2)(a), 244(1)(b)(i) and (2)(a), and 269(1)(b)(i) and (2)(a) Public Health Act 2005


Power to agree to the appointment of a Council employee as a contact tracing officer.



Power to agree to the appointment of a Council employee as an emergency officer (general).



Power to appoint an authorised person for the purposes of the Public Health Act 2005.

Sections 377 and 378 Public Health Act 2005


Power to agree with the chief executive officer of another Council to appoint a Council employee as an authorised person for the other Council.



Power to issue an identity card to each authorised person.



Power, as an issuing authority, to enter the place, at reasonable times, to take the steps stated in a public health order where the person has













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failed to comply the order.


Power, as an issuing authority, to give the occupier and owner of a place a notice required under the section, where an authorised person intends to enter the place to take steps required under a public health order.



Power, as an issuing authority, to recover the amount payable, including interest, of the reasonable costs and expenses incurred by Council in exercising powers under section 388 or 405 as an overdue rate payable to Council under the Local Government Act 2009.



Power, as an issuing authority, to lodge with the registrar of titles, in the appropriate form over the land, a request to register an unpaid amount, including interest, that is payable to Council for steps taken by it on land owned by a person as a charge on the land.



Power, as an owner of a thing seized by an authorised person, to inspect the thing and, it if is a document, to copy it.



Power to approve a systematic or selective inspection program.

Section 427 Public Health Act



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2005


Power to publish notice of an approved inspection program.



Power to charge a fee to a person requesting a copy of an approved inspection program.



Power to provide a certificate regarding section 443 proceedings stating the costs incurred by Council and the way in which, and purpose for which, the costs were incurred.



Power to apply to the court for an order against a person convicted of an offence against the Act for the payment of the costs Council has incurred in taking a thing or doing something else during the investigation of the offence.



Power to deal with a thing forfeited as Council considers appropriate, including destroying the thing.



Power, as an owner of a thing forfeited to a relevant entity under section 413(1), to appeal against a decision resulting in the forfeiture of the thing.



Power to approve forms for use by Council under the Public Health Act 2005.












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Power to administer and enforce Part 1A, Divisions 1, 2 and 3.

Sections 2C, 2M, and 2T Public Health Regulation 2005


Power to approve a site for the disposal of asbestos waste.

Section 2I(2)(c) Public Health Regulation 2005


Power to receive a public interest disclosure where the local government is a proper authority for the purposes of section 15 of the Public Interest Disclosure Act.

Section 17(3)(a) Public Interest Disclosure Act 2010


Power to establish reasonable procedures to ensure that: (a) public officers making public

interest disclosures receive appropriate support;

(b) public interest disclosures are appropriately assessed, investigated and dealt with and appropriate action is taken;

(c) appropriate action is taken about any wrongdoing disclosed;

(d) a compliant management program standard is developed; and

(e) public officers are offered protection from reprisal from other public officers in the local government.

Section 28 (a) to (e) Public Interest Disclosure Act 2010


Power to ensure that a proper record is kept about disclosures received by the public sector entity.

Section 29(1) and (2) Public Interest Disclosure Act 2010

CHIEF Power to: (a) decide not to Section 30(1) and (2)

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PubIntDisA10.pdf







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EXECUTIVE OFFICER

investigate or deal with a public interest disclosure in certain circumstances; and (b) give written reasons for a decision not to investigate.

Public Interest Disclosure Act 2010


Power to review a decision not to investigate upon request from the person receiving written reasons for the decision.

Section 30(3) Public Interest Disclosure Act 2010


Power to refer a disclosure to another public sector entity in certain circumstances.



Power to give a person making a disclosure, or an entity referring a disclosure, reasonable information about the disclosure.



Power to place anything in a code of conduct that is considered to be necessary or useful for achieving the purpose of a code of conduct.

Section 14 Public Sector Ethics Act 1994


Power to ensure that a code of conduct is prepared for Council’s employees and officers, including conduct consultation in accordance with the Public Sector Ethics Act 1994

Section 15 & 16 Public Sector Ethics Act 1994


Power to approve a code of conduct prepared under section 15.

Section 17(1) Public Sector Ethics Act 1994


Power to provide a written statement concerning the consultation conducted prior to the code of conduct being approved.

Section 17(2) Public Sector Ethics Act 1994

CHIEF Power to ensure that each employee Section 19



http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicSecEthA94.pdf









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EXECUTIVE OFFICER

and officer of Council has reasonable access to a copy of the approved code of conduct that is relevant to them

Public Sector Ethics Act 1994


Power to publish and keep the approved codes of conduct available for inspection and enable people to take a copy if and when required.



Power to ensure that each employee and officer of Council is provided with appropriate training and education about public sector ethics.



Power to ensure that the administrative procedures and management practices of Council have proper regard to the Public Sector Ethics Act 1994 and Council’s approved codes of conduct.



Power to ensure that each Council annual report includes the required details of action taken during the reporting period to comply with provisions of the Public Sector Ethics Act 1994



Power to request the Minister to declare a project for proposed development to be a declared project.

Section 42(5) Queensland Reconstruction Authority Act 2011


Power to agree about the declaration of acquisition land.



Power to request the Minister to declare a part of the State to be a reconstruction area and/or acquisition land.













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Power to give the authority a written recommendation to impose a condition for infrastructure to which the Sustainable Planning Act, chapter 8, part 1, applies.



Power to request the Minister to direct the local government to take particular action about a local planning instrument.



Power to make submissions to the Minister about a proposal to direct the local government to take particular action about a local planning instrument.



Power, on application by a person conducting, or proposing to conduct, a residential service in premises, to assess and determine whether a building complies with the prescribed building requirements.

Section 29(1) and (3) Residential Services (Accreditation) Act 2002


Power, where a building complies with the prescribed building requirements, to issue a building compliance notice.

Section 29(1) and Schedule 2 Residential Services (Accreditation) Act 2002


Power to approve the form to be used for an application under section 29(1) Residential Services (Accreditation) Act 2002.

Section 29(2)(a) Residential Services (Accreditation) Act 2002


Power to issue a notice stating the extent to which the premises comply with the

Section 189(3)(a) Residential Services (Accreditation) Act


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prescribed building requirements.

2002


Power to disclose information under a publication scheme, without limiting another way Council may disclose information.

Section 22 Right to Information Act 2009


Power to give access to a document created after the application is received but before notice is given under section 54.

Section 27(2) Right to Information Act 2009


Power to search for a document from a backup system if Council considers the search appropriate.



Power to deal with an access application.



Power to appoint an appropriately qualified healthcare professional to make a healthcare decision in relation to an access application.

Section 30(5)(b) Right to Information Act 2009


Power to: (1) ask the applicant for

a further specified period to consider the application;

(2) make additional requests for further specified periods under subsection (1); and


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/R/RightInfoA09.pdf





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(3) continue to consider the application and make a considered decision in relation to it only if— (a) Council has

asked the applicant for a further specified period under subsection (1); and

(b) the applicant has not refused the request; and

(c) Council has not received notice that the applicant has applied for review under this Act.


Power to make an agreement with the applicant to extend the prescribed period.

Section 36(7), “prescribed period” Right to Information Act 2009


Power to give access to a document that contains information the disclosure of which may reasonably be expected to be of concern to a government, agency or person (the relevant third party) only if Council has taken steps that are reasonably practicable—

(a) to obtain the views

Section 37 (1) Right to Information Act 2009






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of the relevant third party about whether— (i) the document is

a document to which this Act does not apply; or

(ii) the information is exempt information or contrary to public interest information; and

(b) to inform the relevant third party that if access is given to the document because of an access application, access may also be given to the document under a disclosure log.


Power to decide that: (a) a document to

which section 37(1) applies is a document to which the Act does not apply; or

(b) information in a document referred to in (a) is not exempt information or contrary to public interest information

Section 37(3)(b) ) Right to Information Act 2009




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Power to transfer the application to another agency if—

(a) the document to which the application relates is not in Council’s possession but is, to Council’s knowledge, in the other agency’s possession; and

(b) the other agency consents to the transfer.



Power to deal with an access application even if this Act provides that the Council may refuse to deal with the application.



Power to refuse to deal with the access application without having identified any or all of the documents if—

(a) an access application is expressed to relate to all documents, or to all documents of a stated class, that contain information of a stated kind or relate to a stated subject matter; and

(b) it appears to Council that all of the documents to which










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the application relates are comprised of exempt information.


Power to refuse to deal with an access application or, if Council is considering 2 or more access applications by the applicant, all the applications, if Council considers the work involved in dealing with the application or all the applications would, if carried out, substantially and unreasonably divert the resources of the Council from their use by Council in the performance of its functions, provided that the conditions set out in section 42(1) have been complied with.



Power to make an agreement with an applicant to extend the prescribed consultation period.

Section 42(6)(b) Right to Information Act 2009


Power to refuse to deal with the later application to the extent it is for access to a document or documents sought under the first application if—

(a) when the later application was made, Council had not decided the first application; or

(b) in relation to the first









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application, if made under this Act— (i) the applicant

had been given notice under section 54 that access was to be given to the document sought or to some or all of the documents sought; or

(ii) Council had decided that the application was for a document to which this Act does not apply; or

(iii) Council had decided the document or documents sought were documents access to which was refused under section 47; or

(iv) Council had refused to deal with it under this part; or

(c) in relation to the first application, if made under the Information Privacy Act—


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(i) the applicant had been given notice under section 68 of that Act that access was to be given to the document sought or to some or all the documents sought; or

(ii) Council had decided that the application was for a document to which chapter 3 of that Act does not apply; or

(iii) Council had decided t the document or documents sought were documents access to which was refused under section 67 of that Act; or

(iv) Council had refused to deal with it under chapter 3, part 4 of that Act; or

(d) Council’s decision on the first application—


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(i) is the subject of a review and the review is not complete; or

(ii) has been the subject of a completed review (other than an internal review).


Power to refuse access to a document of the Council.



Power to decide whether disclosure of a document would, on balance, be contrary to the public interest

Sections 48(1), 49(1), 50(1), and 51(1) Right to Information Act 2009


Power to give access to all or part of a document despite Council’s power under section 47(3)(a) to refuse access to all or part of the document.



Power to give access to all or part of a document despite Council’s power under section 47(3)(b) to refuse access to all or part of the document.



Power to give access to all or part of a document despite Council’s power under section 47(3)(c) to refuse access to all or part of the document.



Power to give access to all or part of a document despite Council’s power under section















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47(3)(d) to refuse access to all or part of the document.


Power to satisfy itself in dealing an application for access to a document that is nonexistent or unlocatable, that—

(a) the document does not exist; or

(b) the document has been or should be in Council’s possession, and all reasonable steps have been taken to find the document but the document cannot be found.



Power to give a prescribed written notice, with regards to an access application for a document containing prescribed information, that does not include details mentioned in section 191(a) or (b), and in a schedule of relevant documents.

Section 55 (2) and (3) Right to Information Act 2009


Power to waive a processing charge, or access charge, for an access application if Council considers that the likely associated costs to Council would be more than the likely amount of the charge.


CHIEF EXECUTIVE

Power to give access to a document in one or more of

Section 68(1) Right to Information









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OFFICER the prescribed forms in section 68(1).

Act 2009


Power to refuse to give access to documents in a form requested by the applicant and give access in another form in the circumstances specified in section 68(4).



Power to give access to a document in another form agreed to by the applicant



Power to allow an additional period during which a person may access a document.



Power to defer giving access to a document for a reasonable period if the document was prepared—

(a) for presentation to the Assembly or a committee of the Assembly; or

(b) for release to the media; or

(c) solely for inclusion, in the same or an amended form, in a document to be prepared for a purpose mentioned in paragraph (a) or (b);

and the document is yet to be presented or released, or included in a document to be presented or released, as the












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case may be.


Power to delete irrelevant information from a copy of a document and give access to the document by giving access to a copy of the document with the irrelevant information deleted, only if Council considers the applicant would accept the copy and it is reasonably practicable to give access to the copy.



Power, subject to section 55, to give access to a document containing exempt information if it is practicable to give access to a copy of the document from which the exempt information has been deleted and it appears to Council that the applicant would wish to be given access to the copy.



Power, subject to section 55, to give access to a document containing contrary to public interest information if it is practicable to give access to a copy of the document from which the contrary to public interest information has been deleted and it appears to Council that the applicant would wish to be given access to the copy.


CHIEF EXECUTIVE

Power to consider, despite Council refusing access to a

Section 76(2)








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OFFICER document to the extent that it comprises personal information of the applicant, whether it is consistent with the primary object of the Act to give the applicant or an intermediary a summary of the personal information on conditions of use or disclosure agreed between Council and the intermediary, or between Council, the intermediary and the applicant specified in section 76(2).

Right to Information Act 2009


Power to consult, or make an agreement, with the information giver or a person other than the applicant if a summary of information under section 76(2) includes information given by the information giver or the other person.



Power, despite Council refusing access to the document under section 47(3)(d), to direct that access to a document is to be given instead to an appropriately qualified healthcare professional nominated by the applicant and approved by Council.



Power to— (a) include a copy of a

document, or details identifying the document and

Section 78(1) and (5) Right to Information Act 2009










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information about how the document may be accessed, in a disclosure log if that document that does not contain personal information of the applicant and is accessed by the applicant within the access period; or

(b) include details identifying the document and information about how the document may be accessed and any applicable charge if the applicant has failed to access the document within the access period.


Power to apply to the information commissioner to participate in an external review if Council is affected by the decision the subject of the external review.



Power to apply to the information commissioner to allow Council further time to deal with the access application which has become the subject of an application for an external review concerning a deemed decision in relation to an access







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application.


Power, as a participant in an external review, to apply to the information commissioner to correct an error in a written decision of the commissioner.



Power, as a participant in an external review, to make a request to the information commissioner to refer a question of law arising on an external review to the Queensland Civil and Administrative Tribunal.

Section 118 (1) Right to Information Act 2009


Power, as a participant in an external review, to appeal to the appeal tribunal against a decision of the information commissioner on the external review.



Power to make an application to the information commissioner to extend the 10 year period during which disclosure of certain information cannot be made.

Schedule 4, Part 4, section1(3) Right to Information Act 2009


Power to request a reasonable number of copies of a plan the subject of a compliance request.

Section 14(6) Standard Plumbing and Drainage Regulation 2003


Power to request other information that the local government requires in relation to the testing of a proposed greywater use facility.

Section 14B(c)(ii) Standard Plumbing and Drainage Regulation 2003










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Power to accept a certification of a plan for regulated work or on-site sewerage work from a competent person where the Chief Executive Officer has decided that part of the work is outside Council’s expertise.

Section 15 Standard Plumbing and Drainage Regulation 2003


Power to decide that a plan for regulated work or on-site sewerage work includes a part of the work that is outside the local government’s expertise to assess.



Power to request information or documents to assess regulated work from a person who, because of section 83(2) of the Plumbing and Drainage Act 2002, does not require a compliance permit to perform regulated work.



Power to test or commission plumbing or drainage the subject of regulated work carried out in a remote area.



Power to accept a notice of compliance under section 86A(3)(a) of the Act from a person other than the person who performed the work.



Power to agree to assess, and assess, notifiable work for compliance with the regulation.

Section 29A Standard Plumbing and Drainage Regulation 2003


Power to give a rectification notice

Section 29B Standard Plumbing and Drainage

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PlumDrainStR03.pdf




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Regulation 2003


Power to approve the continued use of a plumbing or drainage item that is not certified and to require a person to have the item tested at the person’s cost.



Power to determine whether an item (that an inspector is satisfied is unsuitable for a particular use) may: (a) not be installed or used; or (b) be approved for installation or use with either a protective coating, lining or wrapping or another plumbing or drainage item.



Power to decide that a supply pipe for premises or a premises group can not give an efficient water supply for the premises or premises group.



Power to require for a supply pipe for a premises: (a) part or all of the supply pipe (premises main) to be built to the standard of a water main; (b) the premises main to supply directly each separately occupied part of the premises; (c) the premises main to supply directly each fire service within the premises.


CHIEF EXECUTIVE

Power to require for a supply pipe for a premises group: (a) part of the supply pipe

Section 34(3) Standard Plumbing


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OFFICER (premises group main) to be built to the standard of a water main; (b) each separately occupied part of the premises group to be served directly by a supply pipe connected to the premises group main; and (c) each separately occupied part of the premises group that is to have a fire service to be served directly by a fire service connected to the premises group main.

and Drainage Regulation 2003


Power to require the sanitary drainage for premises or a group of premises to be of a standard of a sewer forming part of Council’s or another service provider’s sewerage system.



Power to implement and maintain a program for the registration, maintenance and testing of testable backflow prevention devices.



Power to approve the design and location of a grease arrestor.



Power to approve air-cooling equipment’s connection to a supply pipe.


CHIEF EXECUTIVE

Power to approve hydraulic powered equipment’s

Section 44 Standard Plumbing


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OFFICER connection to a supply pipe. and Drainage Regulation 2003


Power to approve a pipe carrying water supplied by the local government or other service provider to be:- (a) connected to a water storage tank used to store water obtained from another source or; (b) discharged into a water storage tank used to store water obtained from another source.



Power to approve a water closet pan, urinal or another fixture below the level of the sewer or on-site sewerage facility.



Power to issue a notice to the owner of a new building and an old building, requiring:- (a) the owner of the new building to pay the reasonable costs of changing the vents of the old building; and (b) the owner of the old building to change the vents.



Power to determine the qualifications, skills and experience that an individual should have to be competent to assess plumbing and drainage work.



Power to perform maintenance work on existing combined sanitary drains, apportion the reasonable costs between or among the



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owners and recover from each owner, the owner’s share of Council’s costs.


Power, as administering authority, to approve (or refuse where the conditions in this section have not been complied with) an application for payment of a fine by instalments.

Section 23 State Penalties Enforcement Act 1999


Power, as administering authority, to submit particulars required for registration of approval of instalment payments with the State Penalties Enforcement Registry.

Section 24(1) State Penalties Enforcement Act 1999


Power, as administering authority, to withdraw an infringement notice.



Power, as administering authority, to give the State Penalties Enforcement Registry a default certificate for registration in respect of any recipient of an infringement notice who has not taken action within the time period provided by the infringement notice.



Power, as administering authority, to (a) commence

proceedings against an applicant for an offence; or


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/StatePenEnfA99.pdf



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(b) accept payment of the fine in full; or

(c) issue a fresh infringement notice

where the registrar has cancelled an enforcement notice and referred the matter back to Council.


Power to delegate Council’s powers as administering authority under the State Penalties Enforcement Act to an appropriately qualified person.



Power to approve forms for use as infringement notices.



Power to destroy stray diseased stock found on any road or land under Council control.

Section 19 Stock Act 1915


Power to authorise a person to busk in a public place.

Section 8(2)(b) Summary Offences Act 2005


Power to recover from the owner of a place, as a debt, any damages, including costs, paid by Council under section 32(2), if the breach of duty by the owner that caused the injury to ,or death of, a local graffiti removal officer amounts to gross negligence.

Section 32(3) Summary Offences Act 2005


Power to make an agreement with the owner of a place in relation to the fee payable by Council to the owner for the

Section 33(2) Summary Offences Act 2005







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removal of public graffiti by the owner.


Power to appoint a graffiti removal officer

Section 37 Summary Offences Act 2005


Power to consult with an entity that intends to make an application for an area of public land to be prescribed as motorbike control land about the proposal.

Section 10(1)(a) Summary Offences Regulation 2006


Power, as entity having a legitimate interest in the area, to consult with a government entity for the purposes of reviewing the number and location of prescribed areas of motorbike control land.

Section 14(3) Summary Offences Regulation 2006


Power, as an owner or occupier of land, to consent to a surveyor placing a permanent survey mark on the land.

Section 21(2) Survey and Mapping Infrastructure Act 2003


Power, as a public authority that placed, or requested to be placed, a survey mark, to give to the chief executive a copy of a survey plan or other information necessary to establish a survey mark as a recognised permanent survey mark.

Section 34 Survey and Mapping Infrastructure Act 2003


Power, where the survey mark is on a road under the control of Council, to maintain the integrity of survey markers,

Section 39 Survey and Mapping Infrastructure Act

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SumOffA05.pdf

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SumOffA05.pdf


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and provide updated information to the survey control register.

2003


Power, as a public authority, where the survey mark is on land, other than roads, controlled by Council, to maintain the integrity of survey markers, and provide updated information to the survey control register.



Power, as a public authority, where a person interferes with a recognised permanent survey mark, to take action reasonably necessary to reinstate the physical and survey integrity of a recognised permanent survey marker.



Power, as a public authority, to provide the chief executive with information about the boundaries of an administrative area.



Power to accept or refuse a request made under section 95, including extending the request period by 10 days.

Section 96 Sustainable Planning Act 2009


Power, as a local government, to issue a written notice of Council’s decision under section 96.



Power, as a local government, to decide an application for extension of time made under

Section 98(2) and (4) Sustainable Planning Act 2009


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section 98(2), and given written notice of that decision.


Power, as a local government, to publish in a local newspaper and government gazette notice of a repealed temporary planning scheme.

Section 123(3) Sustainable Planning Act 2009


Power, as a local government to publish in a local newspaper and government gazette notice of a repealed planning scheme policy.



Power, as a local government, to make submissions to the Minister about the proposed exercise of the State’s power, after being given written notice under section 125.

Section 125(3)(b) Sustainable Planning Act 2009


Power, as a local government, to facilitate the designation of land for community infrastructure under Chapter 5 of the Act. For avoidance of doubt, the power delegated includes (without limitation) the power to take all actions as detailed in sections 206, 212, 213, 216, 223, 224, 225, 226 and 227.

Sections 206, 212, 213, 216, 223, 224, 225, 226 and, 227 Sustainable Planning Act 2009


Power, as a local government or owner of any land to which the proposed designation applies, to make a submission to the Minister in relation to a Ministerial designation of land.


CHIEF Power, as a local government, Section 211


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EXECUTIVE OFFICER

to enter a Ministerial designation of land in its planning scheme.

Sustainable Planning Act 2009


Power, as a local government, to facilitate the repeal of a designation made by Council. For the avoidance of doubt, the power delegated includes (without limitation) the power to take all actions as detailed in sections 218, 219 and 221.

Sections 218, 219 and 221 Sustainable Planning Act 2009


Power to act as the “assessment manager” for all applications received by Council under Chapter 6 of the Sustainable Planning Act 2009. For avoidance of doubt, the power delegated includes (without limitation) the power to take all actions of an assessment manager as detailed in sections 256, 259, 260, 262, 266, 267, 268, 272, 274, 276, 277, 279, 280, 286, 297, 303, 304, 305, 309, 310, 313, 314, 315, 316, 317, 318, 324, 325, 327, 328, 331, 334, 337, 339, 348, 350, 352, 354, 355, 357, 362, 363, 364, 368, 371, 373, 374, 375, 376, 378, 381, 383, 386, 387, 389, 417, 418, 419, 428, 433 and 434 of the Sustainable Planning Act 2009.

Sections 256, 259, 260, 262, 266, 267, 268, 272, 274, 276, 277, 279, 280, 286, 297, 303, 304, 305, 309, 310, 313, 314, 315, 316, 317, 318, 324, 325, 327, 328, 331, 334, 337, 339, 348, 350, 352, 354, 355, 357, 362, 363, 364, 368, 371, 373, 374, 375, 376, 378, 381, 383, 386, 387, 389, 417, 418, 419, 428, 433 and 434 Sustainable Planning Act 2009


Power to act as a “referral agency”, “concurrence agency” or “advice agency” for all applications referred to

Sections 256, 271, 276, 277, 279, 281, 282, 284, 285, 287, 288, 290, 291, 292,


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Council under Chapter 6, Part 3 of the Sustainable Planning Act 2009. For avoidance of doubt, the power delegated includes (without limitation) the power to take all actions of a “referral agency” or a “concurrence agency” or an “advice agency” as detailed in sections 256, 271, 276, 277, 279, 281, 282, 284, 285, 287, 288, 290, 291, 292, 348, 368, 371, 373, 374, 375, 376, 378, 385, 420 and 434 of the Sustainable Planning Act 2009.

348, 368, 371, 373, 374, 375, 376, 378, 385, 420 and 434 Sustainable Planning Act 2009


Power, as an entity the Minister considers appropriate, to consult with the Minister in relation to a making or amending the standard conditions.



Power, as a local government, to give an applicant a new infrastructure charges notice under section 633, regulated infrastructure charges notice under section 643 or adopted infrastructure charges notice under section 648F to replace the original notice.

Section 364 Standard Planning Act 2009


Power, as a local government, to note an approval on its planning scheme and give notice of that approval to the chief executive of the department.



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Power, as a local government, to carry out compliance assessment.



Power, as a local government, to assess and give compliance assessor written notice of Council’s response regarding the aspects of a development requiring compliance assessment that must be referred to the local government.



Power, as a compliance assessor, to decide a request, give an action notice, give a permit with conditions (if any), give a certificate with conditions (if any).

Sections 405 and 407 Sustainable Planning Act 2009


Power, as compliance assessor, to respond to a request to withdraw or change an action notice.



Power, as compliance assessor, to respond to an application to change a permit or compliance certificate.



Power to commence proceedings in the Planning and Environment Court for declarations and orders



Power to certify a true copy of a local planning instrument.


CHIEF EXECUTIVE

Power as an advice agency, where Council, in its advice

Section 464

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OFFICER agency response, told the assessment manager to treat the response as a properly made submission, to appeal to the Planning and Environment Court.



Power, as a party to a proceeding decided by a building an development committee, to appeal to the Planning and Environment Court against the decision.



Power, as assessment manager, to apply to the court to withdraw from an appeal, if the appeal is only about a concurrence agency’s response.



Power, as an assessment manager, concurrence agency or referral agency for the development application, to elect to become a co-respondent in an appeal.



Power, as a second entity required to be given notice of an appeal under section 484, to elect to be a co-respondent.



Power, as a party to a proceeding, to appeal a decision to the Court of Appeal.



Power, as an assessment manager, to bring a proceeding before the building and development committee



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for a declaration about whether the application is a properly made application.


Power, as a compliance assessor, to bring a proceeding before the building and development committee about whether the request for compliance assessment has lapsed under this Act.



Power, as a responsible entity, to bring a proceeding before the building and development committee about whether a proposed change to the approval is a permissible change.



Power, as a person entitled to bring a proceeding for declarations or as a person entitled to start an appeal before a building and development committee, to request the proceeding be fast-tracked.

Sections 515 and 537 Sustainable Planning Act 2009


Power, as an entity that gave a notice under section 373, to appeal a building and development committee against a decision on a request to make a permissible change to the development approval.

Sections 521 and 530 Sustainable Planning Act 2009.


Power, as an advice agency, to appeal to the building and development committee about the giving of a development



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approval.


Power, as assessment manager, to apply to withdraw from the appeal if the appeal is only about a concurrence agency response.



Power, as an entity required under section 541 or 542 to be given notice of the appeal, elect to be a co-respondent.

Section 547(3)(b) Sustainable Planning Act 2009.


Power, as assessment manager, to provide all material requested by the registrar.



Power, as a party to an appeal or proceedings, to agree to have the matter decided on the basis of written submissions.

Section 558(b) Sustainable Planning Act 2009


Power, as an assessing authority, to give a show cause notice.



Power, as an assessing authority, to give an enforcement notice.



Power to bring proceedings in the Magistrates Court on a complaint to prosecute a person for an offence against Chapter 7, Part 3 of the Act



Power to bring proceedings in the Planning and Environment Court for an enforcement order, an interim enforcement



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order, or to cancel or change an enforcement order or interim enforcement order.


Power, as assessing authority, where the Planning and Environment Court has convicted a person of an offence against this Act, to apply to the court for an order against the person for the payment of the costs and expenses incurred in taking a sample or conducting an inspection, test measurement or analysis during the investigation of the offence.



Power, as a local government, to impose a condition in relation to non-trunk infrastructure.



Power, as a local government, to impose a condition for supplying development infrastructure for 1 or more of the following: a) networks internal to a

premises; b) connecting a premises to

external infrastructure networks;

c) protecting or maintaining the safety or efficiency of the infrastructure network of which the development infrastructure is a component.

Section 626A Sustainable Planning Act 2009


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Power, as a local government prescribed under a regulation, to review its priority infrastructure plan every 5 years.



Power, as a local government, to levy a charge for supplying trunk infrastructure.



Power, as a local government, to agree in writing, with the owner of the land to which an infrastructure charge relates, regarding a charge to be imposed.



Power, as a local government, to agree with the State infrastructure provider for State-controlled roads that the infrastructure charge may be used to provide works for the Council road network.



Power, as an infrastructure provider, to enter into a written agreement with a person to whom an infrastructure charges notice has been given.



Power, as a local government, to give the applicant a notice, in addition to, or instead of, the notice given under section 633 for development infrastructure that is land.


CHIEF EXECUTIVE

Power, as a local government, to supply different trunk infrastructure to that detailed

Section 638 Sustainable Planning


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OFFICER in the priority infrastructure plan.

Act 2009


Power, as a local government, to enter into a written agreement with the applicant that the infrastructure charge is a debt.



Power, as a local government, to advertise Council’s regulated infrastructure charges schedule and notify the chief executive of the department.



Power, as an infrastructure provicer, to enter into a written agreement with a person to whom a regulated infrastructure charges notice or negotiated regulated infrastructure charges notice has been given.



Power, as a local government, to enter into a written agreement with the applicant that a regulated infrastructure charge is a debt.



Power, as a local government and following Council making an adopted infrastructure charge resolution, to publish in a newspaper circulating generally in Council's area a notice stating:- a) the name of Council; b) the day the resolution

was made; and

Section 648D(3) Sustainable Planning Act 2009


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c) the details of the resolution, or how a person can obtain the details.


Power, as a local government, on the day a notice is published under section 648D(3), to give the chief executive:- a) a copy of the notice; and b) 3 certified copies of a

document stating the details of the resolution.



Power, as a local government, to attach an adopted infrastructure charges resolution to Council's planning scheme.



Power, as a local government, to enter into a written agreement with a distributor-retailer about the proportion of an adopted infrastructure charge made under section 648A(1)(b) that may be:- a) levied by Council; or b) charged by the distributor

retailer for its water or wastewater service.

Section 648G(2) Sustainable Planning Act 2009


Power, as a local government, to state, in an adopted infrastructure charges notice, the day the adopted infrastructure charge is payable.

Section 648(H) Sustainable Planning Act 2009


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Power, a local government, to enter into a written agreement with a person to whom an adopted infrastructure charges notice or negotiated adopted infrastructure charges notice has been given about:- a) whether the charge may

be paid at a different time from that stated in the notice and whether it may be paid by instalments; and/or

b) whether infrastructure may be supplied instead of paying all or part of the charge.

Section 648K(1) Sustainable Planning Act 2009


Power, as a local government, for development infrastructure that is land, to give the applicant or person who requested compliance assessment a notice, in addition or instead of a notice given under section 648F, requiring the applicant or person to give Council, in fee simple, part of the land the subject of the application or request for compliance assessment.

Section 648K(3) Sustainable Planning Act 2009


Power, as a local government, where Council’s adopted infrastructure charges resolution provides for a charge to increase under section 648D and where a notice under section 648K(3)

Section 648L(2) Sustainable Planning Act 2009

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has been given, to increase part of the adopted infrastructure charge payable in combination with land


Power, as a local government, to enter into a written agreement with an applicant or person who requested compliance assessment stating that the charge is a debt owing to Council by the applicant or person and section 648L(1) does not apply.

Section 648L(2) Sustainable Planning Act 2009


Power, as a local government, to impose conditions requiring the applicant or person who requested compliance assessment to supply different trunk infrastructure to that identified in the priority infrastructure plan.



Power, as a local government, to impose conditions requiring payment of additional trunk infrastructure costs.



Power, as a local government, to enter an agreement with an applicant or person who requested compliance assessment, where development is completely in the priority infrastructure area, for the refund of the proportion of the establishment cost of the infrastructure.


CHIEF Power, as a local government, Section 656(2)


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EXECUTIVE OFFICER

to enter into an agreement with the State infrastructure provider and the person required to comply with a conditions imposed by a State infrastructure provider about when payment of the amount collected will be made.



Power, as a public sector entity, to enter into a written agreement with a person about supplying or funding infrastructure, or refunding payments made towards the cost of supplying or funding infrastructure.



Power, as a local government, to sell land held on trust in fee simple by Council.



Power, as a local government, to enter an infrastructure agreement.

Chapter 8 Part 2 Sustainable Planning Act 2009


Power, as entity that gave the infrastructure charges notice, regulated infrastructure charges notice or, adopted infrastructure charges notice to consider representations made about the notice under section 677.



Power, as the entity that gave the infrastructure charges notice, regulated infrastructure hcarges notice or adopted infrastructure charges notice, to make a decision in


http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable%20Planning%20Act%202009/678%20Consideration%20of%20representations




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response to a representation made about the notice under section 677 and, if required, negotiated regulated infrastructure charges notice or negotiated adopted infrastructure charges notice.


Power, upon receipt of a notice under section 680ZD, to note the registration on Council’s planning scheme, and any new planning scheme Council makes before the registration ends.

Section 680ZE Sustainable Planning Act 2009


Power to make comments in relation to draft terms of reference of an environmental impact statement.


CHIEF EXCUTIVE OFFICER

Power, as a local government, upon receiving a copy of the draft terms of reference for an environmental impact statement, to make the copy available for inspection and purchase until the last day for making comments



Power to make comments in relation to draft environmental impact statement.

Section 694 and 695 Sustainable Planning Act 2009


Power, as a local government, upon receiving a copy of the draft environmental impact statement, to make a copy available for inspection and purchase until the last day for making comments.


http://tiny.cc/3f92dw




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Power, as a local government, to decide claims for compensation.

Section 709 and 710 Sustainable Planning Act 2009


Power, within 10 business days after the day the claim is decided, to— (a) give the claimant written notice of

the decision; and (b) if the decision is to pay

compensation - notify the amount of compensation to be paid; and

(c) advise the claimant that the decision, including any amount of compensation payable, may be appealed.



Power to give the registrar of titles written notice of the payment of compensation under Section 704



Power, as a local government, to seek approval of the Governor in Council to take land, under the Acquisition of Land Act 1967.



Power, as an assessment manager or relevant entity for a request for compliance assessment, to enter land to undertake works.



Power, as an assessment manager or other entity, where a person has incurred loss or damage because of the exercise of powers under section 715, to decide a claim for compensation and recover, from the applicant or person


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who requested compliance assessment, the amount of compensation paid that is not attributable to Council’s negligence.


Power to make submissions in response to public notification of a development for public housing.



Power, as an entity required to keep a document available for inspection and purchase, to charge a person for supplying copy of the document or part of the document.



Power, as a local government, to decide that sections 724(1), does not apply where reasonably satisfied that the documents mentioned in section 724(1) (y) to (zd) contain— (a) sensitive security information; or (b) information of a purely private nature about an individual, including, for example, someone’s residential address.

Sections 724(5) Sustainable Planning Act 2009


Power, as a local government, to decide that 726(1) does not apply where reasonably satisfied that the documents mentioned in sections 728(1) contain sensitive security information.



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Power, as an assessment manager, to decide that section 729(1) does not apply where reasonably satisfied that the documents mentioned in section 729(1)(i) or (j)- (a) sensitive security

information or; (b) Information of a purely

private nature about an individual, including, for example, someone’s residential address



Power, as a compliance assessor, to decide that section 734(1) does not apply where reasonably satisfied that the documents mentioned in section 734(1) contain- (a) sensitive security

information or; (b) Information of a purely

private nature about an individual, including, for example, someone’s residential address.



Power, as a local government, to publish information and documents on Council’s website.



Power, as a local government, to decide that section 736(1) and (2) do not apply because the information contains sensitive security information.



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Power, as a local government, to issue limited, standard or full planning and development certificates.



Power to make submissions in response to public notification of a development application under Chapter 9 Part 7.



Power, as an assessment manager for a development application (distributor-retailer), to give a copy of the decision notice, negotiated decision notice and a deemed approval notice to the distributor-retailer.

Section 755F Sustainable Planning Act 2009


Power, as a local government, to receive for compliance assessment of the development described in section 755H(1), document or work made on or after 1 July 2011 but before 1 July 2013.

Section 755H(2) Sustainable Planning Act 2009


Power, as a local government, to receive, from the distributor-retailer, comments about the assessment of the development that the distributor-retailer has undertaken under section 755H(3).

Section 755H(4) Sustainable Planning Act 2009


Power, as a participating local government for a distributor-retailer, to give a copy of any compliance permit or compliance certificate given by Council or received by Council

Section 755I Sustainable Planning Act 2009


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under section 408(4) to the distributor-retailer.


Power, as a local government, to impose, under section 626, conditions in relation to non-trunk infrastructure for a distributor-retailer’s water service or wastewater service.

Section 755J Sustainable Planning Act 2009


Power, as a local government, to require, under section 649(2), different trunk infrastructure for a distributor-retailers water service or wastewater service.

Section 755Q(1) Sustainable Planning Act 2009


Power, as a local government, to impose, under section 649(3), a condition about trunk infrastructure for a distributor-retailers water service or wastewater service.

Section 755Q(2) Sustainable Planning Act 2009


Power, as a local government, to impose, under section 650(1), a condition about additional trunk infrastructure costs for a distributor-retailers water service or wastewater service.

Section 755R Sustainable Planning Act 2009


Power, as an assessment manager for a development application (distributor-retailer), to give a copy of a notice of appeal under section 482 that Council has received to the distributor-retailer for whom Council is exercising concurrence agency jurisdiction.

Section 755U Sustainable Planning Act 2009


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Power to receive a notice of appeal under section 483 and provide a copy of it to the distributor-retailer.

Section 755V Sustainable Planning Act 2009


Power, as an entity considered appropriate by the Minister, to consult with the Minister in relation to the guidelines the Minister may make under section 759.



Power, as an entity considered appropriate by the chief executive in relation to guidelines the chief executive may make under section 760.



Power, as a local government or an assessment manager, to continue to decide a claim made under sections 5.4.2, 5.4.3, 5.4.5 or 5.5.3 of the repealed IPA.



Power, as a local government, to impose conditions on a development approval about infrastructure.



Power, as a local government, to continue to decide an iconic places development application to which section 873(3) applies and give a decision notice for the application.

Section 873(4)(b) Sustainable Planning Act 2009


Power, as a local government for the application, to appeal to the Planning and Environment Court, as if


http://www.lgaq.asn.au/group/spa/docs/-/bookmark/Sustainable%20Planning%20Act%202009/873%20Dealing%20with%20iconic%20places%20development%20applications



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Council had been a submitter for an iconic places development application to which sections 461 to 464 apply.


Power, as a local government, to given written notice to a school that Council does not agree to an exemption.

Schedule 4, table 5, item 11(3)(b) Sustainable Planning Regulation 2009


Power, as a local government, to give written notice to a school that- (a) a matter mentioned in

schedule 4, table 5, item 12A(3)(a) applies to the development; and

(b) Council is satisfied that the development may- • Affect the loca

heritage place, place of cultural heritage significance or protected vegetation; or

• Be affected by subsidence

Schedule 4, table 5, item 12A(3)(b) Sustainable Planning Regulation 2009


Power, as an occupier of an enclosed space, to give directions to stop persons from smoking in the enclosed space.

Section 26U(1) Tobacco and Other Smoking Products Act 1998


Power to administer and enforce Part 2C, Division 3 of the Act within Council’s area and, for a patrolled beach area of a patrolled beach or a

Sections 26ZM and 26ZN Tobacco and Other Smoking Products Act 1998


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prescribed outdoor swimming area, adjacent to or within Council’s area.


Power to commence a proceeding concerning an offence under Part 2C, Division 3 of the Act.

Section 26ZP Tobacco and Other Smoking Products Act 1998


Power to commence a proceeding for a contravention of a local law made pursuant to Part 2C, Division 4 of the Act.

Section 26ZPE Tobacco and Other Smoking Products Act 1998


Power to give an authorised person directions concerning the exercise of the authorised person’s powers.

Section 27(2) and (3) Tobacco and Other Smoking Products Act 1998


Power to appoint authorised persons for the Act.

Sections 28(2) and 29 Tobacco and Other Smoking Products Act 1998


Power to give an authorised person a signed notice concerning the authorised person’s powers.

Section 30 Tobacco and Other Smoking Products Act 1998


Power to issue an identity card to each authorised person under the Act.

Section 30A Tobacco and Other Smoking Products Act 1998


Power, as an occupier of a place, to give consent to an authorised person to enter the place.

Section 33(1)(a) Tobacco and Other Smoking Products Act 1998

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TobaccoOSmPrA98.pdf













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Power, as an occupier of a place, to sign an acknowledgement confirming that consent to enter the place was given to an authorised person.

Section 34(3) Tobacco and Other Smoking Products Act 1998


Power, as an owner of a seized thing, to inspect the thing seized by an authorised person and, if it is a document, to copy it.

Section 44B(1) Tobacco and Other Smoking Products Act 1998


Power to provide written directions to the chief executive regarding the removal of Council property abandoned on a busway or busway transport infrastructure, or parked or left on a busway or busway transport infrastructure against the chief executive’s directions.

Section 20 Transport Infrastructure (Busway) Regulation 2002


Power to manage the public marine facilities listed in schedule 1.

Section 5, 7, and Schedule 1 Transport Infrastructure (Public Marine Facilities) Regulation 2011


Power, as a manager of a public marine facility, to give written approval for the use of the facility for a commercial purpose.

Section 6(b)(i) Transport Infrastructure (Public Marine Facilities) Regulation 2011


Power, as a manager of a non-State managed boat harbour, to pay to the chief executive the fees stated in

Section 79 Transport Infrastructure (Public Marine Facilities)

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schedule 3 for each mooring in the boat harbour.

Regulation 2011


Power, as a manager of a non-State managed boat harbour, to ask the chief executive to enter into another arrangement for the payment of fees under section 79.

Section 81(2) Transport Infrastructure (Public Marine Facilities) Regulation 2011


Power, as a railway manager, to give permission to persons with regards to the following:- (a) playing a musical instrument or operating sound equipment on a railway; or (b) publicly and personally selling anything, seeking business or conducting a survey on a railway; or (c) operating a gate at a railway crossing in a way other than opening, closing and securing the gate; or (d) going onto a railway track; or (e) loading luggage onto rolling stock; or (f ) do an act or make an omission contrary to all or any of sections 26 to 30.

Sections 6(2)(b), 14(2), 16(5), 17(c), 25(2)(b) and 31 Transport Infrastructure (Rail) Regulation 2006


Power, as a railway manager, to:- (a) supply alcohol to persons on a railway; or (b) give permission to person to drink alcohol on a railway; and (c) to set aside an area for persons to drink alcohol.

Section 8(1) Transport Infrastructure (Rail) Regulation 2006


Power, as a railway manager, to direct a person displaying coloured light on or near a railway, and which interferes

Section 10 (1) Transport Infrastructure (Rail)







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with the safe operation of the railway, to remove or screen the light.

Regulation 2006


Power, as a railway manager, to provide an entrance or exit for a railway for the purpose of entering or exiting the railway.

Section 11(1) Transport Infrastructure (Rail) Regulation 2006


Power, as a railway manager, to take reasonable and necessary steps to move property abandoned or left on a railway.

Section 18 Transport Infrastructure (Rail) Regulation 2006


Power, as a railway manager, to recover Council’s reasonable expenses of moving property abandoned or left on a railway, securely storing the property and publishing any newspaper notice for it from the person in charge of the property or the property’s owner.



Power to provide written directions to a railway manager or operator regarding the release of property abandoned or left on a railway.



Power, as a railway manager, to dispose of property Council reasonably considers to have been abandoned.



Power, as a railway manager, to waive part or all of the expenses reasonably incurred by Council in moving and

Section 23(6) Transport Infrastructure (Rail)


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disposing of property abandoned or left on a railway.

Regulation 2006


Power, as a railway manager, to impose relevant conditions on a permission provided under section 31.



Power, as a railway manager, to deal with property moved under part 3 of the now repealed Transport Infrastructure (Rail) Regulation 1996 as if the repealed regulation had not been repealed.



Power to consult with the chief executive concerning the development of a roads implementation program if the chief executive believes that Council would be affected by the program.

Section 11(4) Transport Infrastructure Act 1994


Power to consult with the chief executive concerning the development of a rail implementation program if the chief executive believes that Council would be affected by the program.

Section 14(3)(a) Transport Infrastructure Act 1994


Power to consult with the chief executive concerning the development of implementation programs for miscellaneous transport infrastructure if the chief executive believes that Council would be affected by



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the programs.


Power to prepare and make submissions to the Minister in relation to any declaration, or revocation of a declaration that a road or route, or part of road or route, is a State-controlled road.

Section 25(b) Transport Infrastructure Act 1994


Power, as a railway manager, to:- (a) consult with, and make submissions to, the Minister before a declaration is made making a road or route, or part of a road or route, that crosses rail corridor land and continues on the other side of the rail corridor land a State-controlled road; (b) construct, maintain and operate a railway on a declared common area in a way not inconsistent with its use as a State-controlled road; (c) make an agreement with the chief executive regarding the State-controlled road on the common area.

Section 26 Transport Infrastructure Act 1994


Power to prepare and make submissions to the Minister in relation to any declaration or revocation of declaration that the whole or a part of a State-controlled road is a motorway.

Section 27(3)(b) Transport Infrastructure Act 1994


Power to enter into contracts with the chief executive in respect of road works, other works or the operation of State-controlled roads within and outside Council’s local



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government area.


Power to make a sharing arrangement with the chief executive for the costs of:- (a) acquisition of land for transport infrastructure; (b) road works on a State-controlled road; (c)other works that contribute to the effectiveness and efficiency of the road network; or (d) the operation of a State-controlled road; including all necessary preliminary costs associated with acquisition, works, or operation.



Power, as an owner or occupier of land, to provide written approval agreeing to allow the chief executive to enter, and occupy or use the land to undertake road works after service of notice for temporary occupation and use of land.

Section 36(1) and (4) Transport Infrastructure Act 1994


Power, as an owner of land, to give notice to the chief executive claiming compensation for physical damage caused by the temporary entry, occupation, or use, or for the taking or consumption of material.



Power to enter into agreements with the chief executive in relation to funding for road works on Council’s



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roads.


Power to enter into a financial arrangement with the chief executive for improvements to State-controlled roads that would be beneficial to Council’s road network.



Power to obtain the chief executive’s written approval for consent to carry out road works or make changes to the management of a Council road if conditions under subsection (1) apply.



Power to apply and enforce conditions to proposed road works or changes to the management of a Council road.



Power to obtain the chief executive’s written consent to the erection, alteration or operation of an advertising sign or device that would be:- (a) visible from a motorway; (b) beyond the boundaries of the motorway; and (c) reasonably likely to create a traffic hazard; and on conditions that comply with fixed criteria.



Power to apply conditions to the erection, alteration or operation of an advertising sign or device.


CHIEF Power to exercise all the Section 45


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EXECUTIVE OFFICER

powers it may exercise for a local government road in its area in relation to State-controlled roads in its area.

Transport Infrastructure Act 1994


Power, as an owner of ancillary works and encroachments, to enter into an agreement with the chief executive for a contribution towards the cost of the alteration, relocation, making safe or removal of the ancillary works and encroachments.



Power to make submissions to the chief executive concerning a proposal to publish a gazette notice to make, amend or revoke a declaration or to make, amend or replace a policy for limited access roads.



Power to make an application to the chief executive to make a written decision stating any of the matters provided in sub-subsections (a)-(k) concerning access between 1 or more State-controlled roads and particular adjacent land which Council has an interest in.



Power to ask the chief executive, in writing, to give Council a copy of any decision in force under section 62(1) for land that Council has an interest in.


CHIEF EXECUTIVE

Power, as an owner or occupier of land, to enter into

Section 72(2) Transport


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OFFICER an agreement with the chief executive for:- (a) the supply by the chief executive of, or a contribution towards the supply by the chief executive of, alternative road access works between a State-controlled road and Council’s land or between Council’s land and another road; or (b) the carrying out, or contributions towards the carrying out of, other works in relation to Council’s land.

Infrastructure Act 1994


Power, as an owner or occupier of land, to recover, as a debt from the chief executive, compensation for the diminution in land value because of the prohibition or change made to the access between a State-controlled road and Council’s land.



Power to enter into an agreement with the chief executive for the supply of roadside service centres, roadside rest facilities and other roadside businesses adjacent to or near State-controlled roads.



Power, as the owner of a public utility plant (whether existing or proposed), to arrange with the chief executive for the sharing of the costs, including preliminary costs, of all or any



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of the following:- (a) acquisition of land associated with the plant; or (b) construction, augmentation alteration or maintenance of the plant; or (c) construction of road works affected by the plant.


Power, as a railway manager, to consult with, and make submissions to, the Minister about an intended declaration under section 84A.

Section 84B(2) Transport Infrastructure Act 1994


Power, as a railway manager for a rail corridor land that has been declared to be part of a common area, to construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a toll road.



Power, as a railway manager for rail corridor land that has been declared to be part of a common area, to enter into an agreement with chief executive, or the lease holder for the particular State toll road corridor land, regarding the following:- (a) responsibility for maintaining a toll road, and the transport infrastructure relating to a toll road, on the common area; and (b) responsibility for the cost of removing road transport infrastructure from the common area and



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restoring the railway.


Power to claim compensation regarding land, in which Council has an interest but has been declared to be State toll road corridor land under section 84A, under the Acquisition of land Act 1967, section 12(5A) and (5B), and part 4 as if the interest were land taken by the State under that Act.

Section 84D Transport Infrastructure Act 1994


Power, as a railway manager, to:- (a) consult with, and make submissions to, the Minister regarding the construction, maintenance or operation of a road, or part of a road, that crosses rail corridor land and continues on the other side of the rail corridor land; (b) construct, maintain and operate a railway on the common area in a way not inconsistent with its use a franchised road; (c) enter into an agreement with the franchisee regarding the franchised road on the common area.

Section 85A Transport Infrastructure Act 1994


Power, as a toll road operator, to recover, as a debt, from the driver the amount of any unpaid toll or user administration charge, subject to any applicable agreement made by Council.



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Power, as a toll road operator, to enter into an agreement with a person regarding the liability of a designated vehicle’s driver for the toll payable at a toll plaza.



Power, as a toll road operator, to give the registered operator of a vehicle a written notice requiring the registered operator, within the prescribed time for the notice— (a) to pay Council the deferred toll amount; or (b) to give Council the registered operator’s statutory declaration containing the required information.



Power, as a toll road operator, to give written notice, in the approved form, under this section if Council has not received a deferred toll amount and it considers, on reasonable grounds, that a person other than the vehicle’s registered operator has information that could help the toll road operator establish the name and address of the driver.



Power to give a statutory declaration complying with subsection (3).

Sections 100(2) and 105ZJ(2) Transport Infrastructure Act 1994

CHIEF EXECUTIVE

Power, as a toll road operator, to give a written notice, in the

Section 101 Transport


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OFFICER approved form, under this section if Council has not received a deferred toll amount and it considers, on reasonable grounds, that Council has correctly identified the person who was the driver.



Power to disclose, allow access to, record or use personal information under certain circumstances.

Sections 104(2) and 105ZN(2) Transport Infrastructure Act 1994


Power to exercise all the powers of Council, including applying for the Minister’s consent for a local government tollway, under Part 8 (Local Government Tollways).

Chapter 6, Part 8 Transport Infrastructure Act 1994


Power certify any of the matters stated in subsection (1)(c).



Power, as a railway manager, to— (a) consult with, and make submissions to, the Minister about an intended declaration under section 105H; (b) construct, maintain and operate a railway on a declared common area in a way not inconsistent with its use as a local government tollway; (c) make an agreement with the chief executive regarding the local government tollway on the common area.

Section 105I Transport Infrastructure Act 1994

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstInfA94.pdf




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Power to enter into a lease or sublease with another local government or person, respectively, concerning the use of local government tollway corridor land for a tollway.

Section 105J(9) and (10) Transport Infrastructure Act 1994


Power, as a person with an interest in land declared to be a local government tollway corridor land under section 105H, to claim compensation under the Acquisition of Land Act 1967, section 12(5A) and (5B) and part 4 as if the interest were land taken by the State under that Act.

Section 105JA(3) Transport Infrastructure Act 1994


Power, as a public utility provider, to do the following on local government tollway corridor land— (a) build, replace or take away, or alter, other than for maintenance or repair, its public utility plant; (b) maintain or repair, or alter, for maintenance or repair, its public utility plant; (c) take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant; (d) seek written agreement from the local government for whom the declaration of the local government tollway corridor land was made; (e) in the interests of public safety, carry out urgent maintenance of its

Section 105N Transport Infrastructure Act 1994


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public utility plant on local government tollway corridor land without the written agreement of the local government.


Power to provide oral agreement to a public utility provider carrying out urgent maintenance of its public utility plant under the Act.

Section 105N(6)(a) Transport Infrastructure Act 1994


Power, as a public utility provider, to ask another local government for information about lines and levels for planned local government tollway infrastructure on local government tollway corridor land.

Section 105O(1) Transport Infrastructure Act 1994


Power, as a public utility provider, to make an agreement with a local government regarding the reduction in cost of replacing or reconstructing a public utility plant.

Section 105X(4) Transport Infrastructure Act 1994


Power to enter into a local government tollway franchise agreement with another local government.

Section 105Y Transport Infrastructure Act 1994


Power to certify any of the matters stated in subsection (1)(c).

Section 105ZO Transport Infrastructure Act 1994


Power, as an owner or occupier of land, to allow the chief executive to enter the land by giving written consent

Section 109A(4)(a) Transport Infrastructure Act








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to the chief executive. 1994


Power to apply to the chief executive for a rail feasibility investigator’s authority for an area of land.



Power:- (a) as an owner or occupier of land, to consent to an investigator or an associated person to enter onto land; or (b) as an authorised investigator, to enter land, with the owner’s or occupier’s consent; for the purpose of investigating the land’s potential and suitability as a rail corridor.



Power, as an authorised investigator, to allow an associated person to act under the investigator’s authority.



Power, as an owner or occupier of land, to ask person who has entered, is entering, or is about to enter Council’s land under an authority for the person’s identification or about the person’s authority to enter Council’s land.

Sections 115(4) and 408(4) Transport Infrastructure Act 1994


Power, as an authorised investigator, to do anything necessary or desirable to minimise damage to the land or inconvenience to the land’s owner or occupier.


CHIEF Power, as an owner or Section 118 (1)


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EXECUTIVE OFFICER

occupier of land, to:- (a) claim compensation from the relevant person for the loss or damage arising out of an entry onto land, any use made of the land, anything brought onto the land, or anything done or left on the land in connection with the relevant person’s authority; (b) require the relevant person to carry out works to rectify, within a reasonable time, the damage after the relevant person has finished investigating the land under the authority; or (c) require the relevant person to carry out works to rectify the damage and claim compensation from the investigator for any loss or damage not rectified.



Power:- (a) as an owner or occupier of land, to make an agreement with the relevant person with regards to the amount of compensation; or (b) as an authorised investigator, to make an agreement with owner or occupier of the land with regards to the amount of compensation.



Power, as an owner of land, to agree to allow an applicant for accreditation as a railway manager and/or operator to access the land where the railway is constructed or is

Section 126(2)(d)(i) Transport Infrastructure Act 1994


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proposed to be constructed.


Power, as an owner or occupier of land, to agree to allow the chief executive or an accredited person to take or use the material on Council’s land.

Section 165(c) Transport Infrastructure Act 1994


Power, as an owner or occupier of land, to give written notice to the chief executive or an accredited person regarding:- (a) a claim for compensation for the loss or damage caused by the entry or railway works carried out on Council’s land; (b) a claim for compensation for the taking or use of materials; (c) a requirement that the accredited person carry out works in restitution for the damage; or (d) a requirement that the accredited person carry out works in restitution for the damage and a claim for compensation for any loss or damage not restituted.



Power to seek the chief executive’s written approval to carry out works near a railway.



Power, as an owner or occupier of land, to make an agreement with an authorised person to allow the authorised person to enter Council’s land and inspect railway works.



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Power, as a railway manager, to— (a) temporarily close or regulate a railway crossing if satisfied it is necessary because of an immediate threat to— (i) the safety of the railway; or (ii) the public using it or who may use it; (b) construct a substitute crossing if Council decides to close or regulate a crossing.



Power, as an occupier of a place, to consent to the entry of a rail safety officer into the place.



Power, as an occupier of a place, to sign an acknowledgement of Council’s consent to allow a rail safety officer to enter the place.



Power, as a railway manager, to enter into a sublease with the chief executive for rail corridor land or non-rail corridor land.



Power, as a railway manager, to make an agreement with the chief executive to renew a sublease for a section of rail corridor land before or immediately after its expiry.

Section 240B(2A) Transport Infrastructure Act 1994


Power to make an agreement with the chief executive, or commence proceedings in a court, for compensation to be paid to Council because of the

Section 240B (5)-(7) Transport Infrastructure Act 1994


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revocation of an unregistered right in a railway manager’s sublease for a section of rail corridor land.


Power to enter into a sublease with the chief executive for a section of non-rail corridor land.



Power, as an owner of land, to seek and negotiate with the railway manager a right of access across a proposed railway if Council’s land is adjacent to the relevant land or Council has access over the relevant land.

Section 240E(2) and (3) Transport Infrastructure Act 1994


Power, as a railway manager or as an owner of land, to ask the chief executive, if an agreement regarding right of access cannot be made, to decide whether a right of access across the proposed railway should be granted.

Section 240E(5) Transport Infrastructure Act 1994


Power, as a railway manager or an owner of land, to give the chief executive the information the chief executive requires in deciding whether to grant a right of access across the proposed railway.

Section 240E(7) Transport Infrastructure Act 1994


Power, as a railway manager of a rail corridor land or as a right of access holder, to agree to cancel the right of access to the land.

Section 240F(3)(a) Transport Infrastructure Act 1994


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Power, as a railway manager of a rail corridor land or as an owner of land, to enter into an agreement in relation to the compensation payable for the cancellation of a right of access across a rail corridor land.

Section 240F(4) Transport Infrastructure Act 1994


Power, as an owner of land, to commence proceedings in the Land Court for compensation.

Section 240F(6) Transport Infrastructure Act 1994


Power, as a railway manager, to grant a sublicence in relation to an easement described in schedule 4 to a railway operator.



Power, as a railway manager, to— (a) alter the rail transport infrastructure; and (b) manage the railway using the rail transport infrastructure, whether or not altered; and (c) operate, or authorise a railway operator to operate, rolling stock on the railway.

Sections 244(2)(b) and 244A(2)(b) Transport Infrastructure Act 1994


Power:- (a) as a railway manager for rail corridor land or future railway land, to construct, maintain and operate a railway on the common area in a way not inconsistent with its use as a relevant road; (b) to construct, maintain and operate a local government tollway corridor land within a declared

Section 249(3)(a) and (b) Transport Infrastructure Act 1994


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common area in a way not inconsistent with its use as a railway


Power:- (a) to make an agreement with the railway manager for a railway within a common area; or (b) as a railway manager, to make an agreement with a relevant person for a relevant road within a common area; regarding the costs of removing rail transport infrastructure from the common area and restoring the relevant road.



Power:- (a) as a railway manager, to:- (i) in constructing or managing a railway, to alter the level of a road or require the authority responsible for the road to alter its level; (ii) make an agreement with the authority responsible for the road with regards to the responsibility for the payment of all reasonable expenses incurred in altering the road level; (iii) make an agreement with a person, whose land is directly affected by the road alteration, regarding the amount of compensation payable to the person; (iv) if an agreement cannot be reached with the person directly affected by the road alteration, make an application to a court with



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jurisdiction to make a decision on the amount of compensation; or (b) as an authority responsible for a road, to make an agreement with the railway manager with regards to the responsibility for the payment of all reasonable expenses incurred in altering the road level; or (c) as an occupier or owner of land that has been directly affected by the road alteration, to:- (i) make an agreement with the railway manager regarding the amount of compensation payable to Council; (ii) make an application to a court with jurisdiction to make a decision on the amount of compensation.


Power to construct, maintain and operate a road on rail corridor land or non-rail corridor land, if permitted by the chief executive, by way of a bridge or other structure that allows the road to go over or pass under the relevant infrastructure on the land, or a crossing at the same level as the relevant infrastructure.



Power, as a railway manager of rail corridor land or as a sublessee of non-rail corridor land, to consult with the chief executive before the chief executive makes a decision on



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proposed relevant infrastructure on rail corridor land or non-rail corridor land.


Power, as a railway manager of rail corridor land or as a sublessee of non-rail corridor land, to continue to use the land and the airspace above the land, other than any land and airspace excluded by a condition of the permission.



Power to enter into an agreement with the chief executive concerning the maintenance of a road and a bridge, structure or crossing constructed on rail corridor land or non-rail corridor land, as well as the costs of removing the bridge, structure or crossing when the road is no longer in use and the subsequent restoration of the relevant infrastructure on the land.



Power:- (a) as a railway manager, to give written approval to a person seeking to interfere with the railway; or (b) to seek written approval from a railway’s manager to interfere with the railway; and (c) to interfere with a railway provided that the interference is:- (i) with the railway manager’s written approval; (ii) permitted or authorised under a right of access under



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sections 240E or 253, or under the Transport (Rail Safety) Act 2010; or (iii) otherwise approved, authorised or permitted under this Act or another Act.


Power, as a railway manager, to require, by written notice, a person who has contravened section 255(1) to rectify the interference within a stated reasonable time, or to rectify the interference if the person fails to comply with the requirement.



Power to make an application to the chief executive to make a change to the management of a local government road.



Power, as a railway manager, to construct and maintain a fence of substantially similar quality to any fence around the neighbouring land when the railway was constructed in order to satisfy its obligation under subsection (2)(b).



Power, as an owner or occupier of land next to existing railway, or as a railway manager of the existing railway, to enter into an agreement for compensation for railway works with the railway manager or the owner or occupier of the land,



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respectively.


Power:- (a) as an owner or occupier of land adjacent to an existing railway, to carry out further works at Council’s expense, with the railway manager’s agreement, if Council considers that the works carried out under section 260 are insufficient for the convenient use of the land; or (b) as a railway manager of an existing railway:- (i) to agree to the further works proposed to be carried out by the owner or occupier of land adjacent to the existing railway at it’s expense; (ii) to require, by written notice given to the owner or occupier, the further works to be carried out under the supervision of a person nominated by Council and according to plans and specifications approved by Council.



Power, as an owner or occupier of land adjacent to an existing railway, to cross the existing railway with Council’s, and its employees’ and agents’, vehicles and livestock until the railway manager carries out the works pursuant to subsection (2), unless Council has received compensation for the works.


CHIEF Power, as a railway manager, Section 266A(2)(a)


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EXECUTIVE OFFICER

to give written notice to the chief executive, at least 2 months before a preserved train path is allocated to a person, stating details of the proposed allocation.



Power, as a railway manager, to make a submission against the imposition of a penalty pursuant to section 266C(2) in the way stated in the proposed penalty notice.



Power, as a railway manager, to appeal a penalty notice to the Supreme Court against the chief executive’s decision to impose a penalty.

Section 266F Transport Infrastructure Act 1994


Power to exercise all the powers and functions of a port authority under Chapter 8 if Council is given management of a port under Chapter 8.



Power— (a) as a port lessor, port lessee or port manager of the Port of Brisbane, to impose charges in relation to port services and port facilities; (b) as a port user, to make an agreement with the port lessor, port lessee or port manager regarding subsection (1).



Power, as a port lessor, port lessee or port manager of the Port of Brisbane, to enter into a port agreement with the Minister about charges

Section 279B Transport Infrastructure Act 1994


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imposed pursuant to section 279A.


Power, as a port lessor, port lessee or port manager of the Port of Brisbane, to— (a) decide a reasonable time for payment of a charge imposed pursuant to section 279A and a reasonable interest rate to be applied to any unpaid amount; and (b) recover a charge, or part of a charge, and any interest payable in relation to the charge, as a debt payable to Council.

Section 281C Transport Infrastructure Act 1994


Power, as a port lessor, port lessee or port manager of the Port of Brisbane, to (a) by written notice, require a person to give Council a security deposit as a security for a liability or debt incurred, or that may be incurred, by it under chapter 8, part 3A in relation the payment of a charge or damage caused, or that may be caused, to port facilities; (b) appropriate, or partly appropriate, a security deposit to meet the liability or indebtedness of the person if the liability or debt is unpaid after becoming due; (c) by written notice, require the person to give Council a further security deposit subsequent to the appropriation, or part appropriation, of a security

Section 281F Transport Infrastructure Act 1994


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deposit; and (d) by written notice, require the person to give Council a security deposit in a greater amount, or in a different form, or both, if Council considers that the person’s liability or indebtedness, or potential liability or indebtedness, to Council under chapter 8, part 3A should be more adequately guaranteed.


Power, as a port lessor of the Port of Brisbane, to display or publish a port notice to control activities or conduct in its port area if Council reasonably considers the activities or conduct may— (a) affect the port’s operation; or (b) cause damage to the port authority’s strategic port land or Brisbane core port land; or (c) cause damage to the environment.



Power, as a port lessor of the Port of Brisbane, to display or publish a port notice requiring a person or class of persons to produce to the port lessor or port lessor’s delegate, information relevant to the matters listed in sub-subsections (a)-(e).

Section 282AA Transport Infrastructure Act 1994


Power, as a port lessor of the Port of Brisbane, to control by port notice— (a) the movement or mooring of ships at its port facilities; or (b) the



Page 216 of 309






movement or mooring of ships if the movement or mooring may affect the port’s operation; or (c) activities on or by ships moored at its port facilities or in its port if the activities may affect the port’s operation.


Power, as a port lessor of the Port of Brisbane, to control, by port notice, the movement, handling or storage of goods loaded, waiting to be loaded, unloaded or transhipped to or from ships at its port facilities.



Power, as a port lessor of the Port of Brisbane, to control, by port notice, the movement of persons at its facilities including, for example, where the movement of members of the public, or another identified group, is restricted or prohibited.



Power, as a port lessor of the Port of Brisbane, to control by port notice the parking or stopping of vehicles at or on its port facilities, strategic port land or Brisbane core port land including, for example, by indicating a place where parking or stopping of a vehicle is restricted or prohibited.

Section 282E Transport Infrastructure Act 1994

CHIEF EXECUTIVE

Power, as a port lessor of the Port of Brisbane, to control by port notice the movement,

Section 282F Transport


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OFFICER stopping or parking of rolling stock at its port facilities including, for example, by indicating where parking of rolling stock is restricted or prohibited.



Power, as a port lessor of the Port of Brisbane, to appoint a person as an authorised officer for Council.

Section 282K Transport Infrastructure Act 1994


Power, as a port operator, to consult with the Minister before the Minister gives a direction under subsection (2).

Section 283ZJ Transport Infrastructure Act 1994


Power, as an assessment manger for a development application for development on Brisbane core port land under the Sustainable Planning Act 2009, to impose a condition on the development approval for the application requiring a contribution only in relation to the following infrastructure provided by the Brisbane City Council or a service provider— (a) drainage; (b) public transport; (c) roads; (d) sewerage and water supply headworks.

Section 283ZZ Transport Infrastructure Act 1994


Power, as a port lessor, port lessee or port manager of the Port of Brisbane, to grant a licence to enter and use port land, if leased by Council under the Land Act 1994, or trade lease of land, if

Section 283ZZN Transport Infrastructure Act 1994


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subleased to Council.


Power to make written submissions in respect of a statement of proposal under section 285A or draft plan under section 285B made by a port authority over land in or adjoining Council’s area.



Power to apply to a port authority for approval to perform a controlled activity in a port authority’s port area.



Power, if Council’s interests are affected by a decision mentioned in section 289F(1), to ask the port authority to review the decision or, pursuant to the Transport Planning and Coordination Act 1994, part 5, division 2, make an application to the Queensland Civil and Administrative Tribunal to have the original decision stayed.

Section 289G Transport Infrastructure Act 1994


Power, as a port operator, to have abandoned property found at the port facility moved to a place Council considers appropriate.

Section 289I(2)(b) Transport Infrastructure Act 1994


Power to seek the return of abandoned property from a port authority or port operator.

Section 289J Transport Infrastructure Act 1994

CHIEF EXECUTIVE

Power, as a port operator, to sell property that has

Section 289K Transport


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OFFICER remained unclaimed 28 days after the publication of a notice under section 289I about the abandoned property.



Power, as a port operator, to sell abandoned property if it is perishable and it is impracticable for Council to keep it having regard to its nature and condition.

Section 289L Transport Infrastructure Act 1994


Power, as a port operator, to dispose of abandoned property that is insufficient value property in the way Council considers appropriate.

Section 289N Transport Infrastructure Act 1994


Power, as a port lessor of the Port of Brisbane, to delegate a function under Chapter 8, other than under part 3A, to a port lessee or port manager.

Section 289Z Transport Infrastructure Act 1994


Power:- (a) as a port lessor of the Port of Brisbane, to appoint an entity as a port manager for the Port of Brisbane; or (b) as a port lessee— (i)to seek written approval from the port lessor to appoint an entity as a port manager for the Port of Brisbane; and (ii) with the written approval of the port lessor, appoint an entity as a port manager for the Port of Brisbane.

Section 289ZA Transport Infrastructure Act 1994


Power, as an owner or occupier of land, to give permission to a person

Section 299(4)(a) Transport Infrastructure Act


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proposing to enter Council’s land for purposes other than for the performance of urgent remedial work to facilitate or maintain the operation of busway transport infrastructure.

1994


Power, as an owner or occupier of land, to claim compensation from the chief executive for loss or damage caused by the entry, occupation, or use, including by the taking or consumption of materials, of Council’s land by the chief executive or a person authorised by the chief executive for purposes relating to busway transport infrastructure.



Power, as an owner or occupier of land, to commence proceedings in the Land Court against the chief executive for compensation in the absence of a prior agreement between Council and the chief executive for compensation.



Power to enter into a sublease with the State for an established busway, or a proposed busway, on busway land, including the power to negotiate, and agree upon, the terms of the sublease.

Section 303AA Transport Infrastructure Act 1994

CHIEF EXECUTIVE

Power to seek a licence from the chief executive in relation to busway land or busway

Section 303AB(1) Transport


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OFFICER transport infratstructure for any of the following purpose:- (a) construction, maintenance or operation of anything on the land; (b) the use of the land or infrastructure for any purpose; (c) maintenance, management or operation of the land or infrastructure.



Power, in relation to a licence granted under section 303AB(1), to:- (a) surrender the licence; and (b) mortgage, sublicense or transfer the licence with the consent of the chief executive.

Section 303AB(3A) and (4) Transport Infrastructure Act 1994


Power, as an owner or occupier of busway land or busway transport infrastructure that is subject to a licence granted under section 303AB, to:- (a) claim compensation from the chief executive for loss or damage caused by a relevant activity, including by the taking or consumption of materials; and (b) enter into an agreement with the chief executive about the payment of compensation; or (c) in the absence of an agreement about the payment of compensation, commence proceedings in the Land Court for payment of compensation.

Section 303AC(2) and (4) Transport Infrastructure Act 1994


Power to construct, maintain and operate a non-State controlled road on a busway

Section 303B(d) Transport Infrastructure Act


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common area. 1994


Power to:- (a) consult with the chief executive concerning the nature and extent of the alteration of the level of the road for busway transport infrastructure works, or the management or operation of a busway, before the alteration is commenced; and (b) make an agreement regarding the amount payable to Council for costs incurred by Council in altering the road level.



Power to construct, maintain, and operate a road located on busway land, if permitted by the chief executive, by way of a bridge or other structure that allows traffic to pass over or under the level at which buses use the busway land.



Power to make an agreement with the chief executive concerning the maintenance of a road and a bridge or other structure located on busway land, and the costs of removing the bridge or other structure once it is no longer in use and the subsequent restoration of the busway land.



Power to enter into a contract with the chief executive for the following:– (a) carrying out busway transport infrastructure works on a busway or on land that is



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intended to become a busway; or (b) carrying out other works that contribute to the effectiveness and efficiency of the busway network; or (c) carrying out the operation of a busway; or (d) which powers of Council are to be exercised by the chief executive and which powers are to be exercised by Council for the busway – even though the contracted works or operations, as stated in (a), (b) or (c), relate to areas outside Council’s area.


Power, as an owner of land adjacent to a busway, to make a request to the chief executive for work to be carried out on the land and enter into a contract with the chief executive for the chief executive to carry out works on the land.



Power to enter into an arrangement with the chief executive for the sharing of costs, including preliminary costs, of— (a) acquiring land for busway transport infrastructure; or (b) busway transport infrastructure works on a busway; or (c) other works that contribute to the effectiveness and efficiency of the busway network; or (d) the operation of a busway.



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Power to obtain the chief executive’s written approval if Council intends to approve the erection, alteration or operation of any advertising sign or device that is visible from a busway and may reasonably create a traffic hazard, and the conditions applied by Council to the erection, alteration or operation of the sign or device do not comply with the chief executive’s permission criteria.



Power, as a public utility provider, to do the following things on busway land:- (a) build, replace or take away, or alter, other than for maintenance or repair, its public utility plant; (b) maintain or repair, or alter, for maintenance or repair, its public utility plant; (c) take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.



Power, as a public utility provider, to seek written agreement from the chief executive for Council to do the things mentioned in subsection (1).



Power, as a public utility provider, to carry out urgent maintenance of its public utility

Section 318(4) Transport Infrastructure Act


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plant on busway land without the written agreement of the chief executive, if acting in the interests of public safety and Council:- (a) makes all reasonable attempts to obtain the chief executive’s oral agreement to the carrying out of the maintenance; and (b) whether or not the chief executive’s oral agreement is obtained, acts as quickly as possible to advise the chief executive of the details of the maintenance being carried out.

1994


Power, as a public utility provider, to make a request to the chief executive to give Council information about lines and levels for planned busway transport infrastructure on busway land necessary to enable Council to minimise possible adverse affects of the establishment of the infrastructure on Council’s works.



Power, as a public utility provider, to enter into an agreement with the chief executive for the reduction of the cost to the chief executive for the replacement or reconstruction of a public utility plant owned by Council on busway land.


CHIEF Power to seek compensation Sections 332, 333


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EXECUTIVE OFFICER

from the chief executive for interference caused to land in which Council has an interest, or Council occupied land, by the establishment of busway transport infrastructure on busway land.

and 335 Transport Infrastructure Act 1994


Power, as an owner or occupier of land, to enter into an agreement with the chief executive, with regards to the establishment or proposed establishment of busway transport infrastructure on busway land, for:- (a) the supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for Council’s land; or (b) the carrying out, or a contribution towards carrying out, of other works in relation to Council’s land for the purpose of access for Council’s land.



Power to:- (a) enter into an agreement with the chief executive concerning the period upon which an agreement for compensation is to be entered into between the parties; (b) enter into an agreement with the chief executive for compensation within 60 days of the compensation application or within an agreed period; and (c) make an application to the Land Court for compensation.



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Power to apply to the chief executive for accreditation as the busway manager for a busway.

Section 335AC Transport Infrastructure Act 1994


Power, as a busway manager, to apply to the chief executive for an amendment of the conditions of Council’s accreditation as a busway manager.

Section 335AJ Transport Infrastructure Act 1994


Power, as a busway manager, to show the Chief Executive Officer that Council’s accreditation should not be suspended or cancelled.

Sections 335AL(2)(e) and 335AM(4) Transport Infrastructure Act 1994


Power, as a busway manager, to surrender Council’s accreditation by written notice given to the chief executive.

Section 335AO Transport Infrastructure Act 1994


Power to apply to the chief executive for authorisation as an authorised busway user for a busway.



Power, as an owner of a thing seized by a busway safety officer, to inspect the seized thing and, if it is a document, to copy it.

Section 346V Transport Infrastructure Act 1994


Power to claim compensation from the State if Council incurs loss or expense because of the exercise, or purported exercise, of a power under relevant busway legislation, including, for example in

Section 346Z Transport Infrastructure Act 1994


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complying with a requirement made of Council under chapter 9, part 6.


Power, as an owner or occupier of land, to give permission to the chief executive, or a person authorised by the chief executive, to enter, occupy, or use Council’s land in order to perform work other than urgent remedial work to facilitate or maintain the operation of light rail transport infrastructure.



Power, as an owner or occupier of land, to make a claim for compensation from the chief executive for loss or damage caused by the entry, occupation, or use, including by the taking or consumption of materials, of Council’s land by the chief executive or a person authorised by the chief executive for purposes relating to light rail transport infrastructure.



Power, as an owner or occupier of land, to commence proceedings in the Land Court against the chief executive for compensation in the absence of a prior agreement between Council and the chief executive for compensation.


CHIEF EXECUTIVE

Power, as a light rail manager, to:- (a) enter into a sublease

Section 355


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OFFICER with the State for an established light rail, or a proposed light rail, on light rail land, including the power to negotiate, and agree upon, the terms of the sublease, such as an option to renew; and (b) if Council attaches light rail transport infrastructure to the land subject of the original sublease, and subsequent subleases,enter into an agreement with the chief executive concerning ownership of the infrastructure.



Power to seek a licence from the chief executive in relation to light rail land or light rail transport infrastructure for any of the following purposes— (a) construction, maintenance or operation of any thing on the land; (b) the use of the land or infrastructure for any purpose, including, for example, a commercial or retail purpose; (c) maintenance, management or operation of the land or infrastructure.

Section 355A(1) Transport Infrastructure Act 1994


Power, in relation to a licence granted under section 355A(1), to:- (a) surrender the licence; and (b) mortgage, sublicense or transfer the licence with the consent of the chief executive.

Section 355A(3A) and (4) Transport Infrastructure Act 1994

CHIEF Power, as an owner or Section 355B(2) and


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EXECUTIVE OFFICER

occupier of light rail land or light rail transport infrastructure that is subject to a licence granted under section 355A, to:- (a) claim compensation from the chief executive for loss or damage caused by a relevant activity, including by the taking or consumption of materials; and (b) enter into an agreement with the chief executive about the payment of compensation; or (c) in the absence of an agreement about the payment of compensation, commence proceedings in the Land Court for payment of compensation.

(4) Transport Infrastructure Act 1994


Power to:- (a) consult with the chief executive concerning the nature and extent of the alteration of the level of the road for light rail transport infrastructure works, or the management or operation of a light rail, before the alteration is commenced; and (b) make an agreement regarding the amount payable to Council for costs incurred by Council in altering the road level.



Power to construct, maintain, and operate a road located on light rail land, if permitted by the chief executive, which consists of a bridge or other structure to allow traffic to pass over the level at which light rail vehicles use the light



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rail land or a structure that allows traffic to pass under the level that light rail vehicles use the light rail land.


Power, as a light rail manager, to consult with the chief executive before the chief executive makes a decision regarding whether to give permission under subsection (1).

Section358(2) Transport Infrastructure Act 1994


Power to make an agreement with the chief executive in relation to the following:- (a) maintenance of a road and a bridge or other structure located on light rail land; (b) the costs of removing the bridge, or other structure, once it is no longer in use; and (c) restoring the light rail land following the removal of the bridge or other structure.



Power, as a light rail manager, to consult with the chief executive before a designation under subsection (1) is made.



Power to consult with the chief executive before the chief executive includes any directions in the gazette notice designating light rail land as light rail land that is to be used as a road under the control of Council.


CHIEF EXECUTIVE

Power, as a light rail manager, to consult with the chief

Section 360(3)


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OFFICER executive before a designation under subsection (1) is made.



Power to enter into a contract with the chief executive for the following:– (a) carrying out light rail transport infrastructure works on a light rail or on land that is intended to become a light rail; or (b) carrying out works on land affected by a light rail or proposed light rail, including, for example, road works on a road; or (c) carrying out other works that contribute to the effectiveness and efficiency of the light rail network; or (d) carrying out the operation of a light rail; or (e) carrying out the operation of a public passenger service using light rail transport infrastructure; or (f) which powers of Council are to be exercised by the chief executive and which are to be exercised by Council for the light rail – even though the contracted works or operations, as stated in (a)-(e), relate to areas outside Council’s area.



Power, as an owner of land adjacent to a light rail, to make a request to the chief executive for work to be carried out on the land and enter into a contract with the chief executive for the chief



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executive to carry out works on the land.


Power to enter into an arrangement with the chief executive for the sharing of costs, including preliminary costs, of:- (a) acquiring land for light rail transport infrastructure; or (b) light rail transport infrastructure works on a on a light rail or land that is intended to become a light rail; or (c) works on land affected by a light rail or a proposed light rail, including, for example, road works on a road; or (d) other works that contribute to the effectiveness and efficiency of the light rail network; or (e) the operation of a light rail; or (f) the operation of a public passenger service using light rail transport infrastructure.



Power, as a light rail manager, to:- (a) give written approval to allow a person to interfere with light rail transport infrastructure or light rail transport infrastructure works; and (b) consult with the chief executive before approval is given.

Section 362(1)(a) and (4) Transport Infrastructure Act 1994


Power, as a light rail manager, to give a written notice to a person who has interfered with light rail transport infrastructure, or light rail



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transport infrastructure works, requiring the person to rectify the interference, following consultation with the chief executive.


Power, as a light rail manager, to:- (a) rectify an interference with light rail transport infrastructure or light rail transport infrastructure works; and (b) recover the reasonable costs of rectifying the interference as a debt from the person who was given written notice of the interference.



Power, as a public utility provider, to do the following on light rail land:- (a) build, replace or take away, or alter, other than for maintenance or repair, its public utility plant; (b) maintain or repair, or alter, for maintenance or repair, its public utility plant; (c) take reasonable steps to stop obstruction or potential obstruction to, or interference or potential interference with, its public utility plant.



Power, regarding the matters mentioned in subsection (1) of the section:- (a) as a public utility provider, to seek written agreement from each light rail authority for the light rail land for Council to undertake the activities; or (b) as a light rail



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authority, to agree in writing to activities a public utility provider seeks to undertake.


Power, as a public utility provider, to carry out urgent maintenance of its public utility plant on light rail land without written agreement of each light rail authority for the light rail land, if acting in the interests of public safety and if Council:- (a) makes all reasonable attempts to obtain each authority’s oral agreement to the carrying out of the maintenance; and (b) whether or not each authority’s oral agreement is obtained, acts as quickly as possible to advise each authority of the details of the maintenance being carried out.



Power, as a public utility provider, to make a request to the chief executive to give Council information about lines and levels for planned light rail transport infrastructure on light rail land necessary to enable Council to minimise possible adverse affects of the establishment of the infrastructure on Council’s works.



Power, as a light rail authority for light rail land, to consult with a public utility provider

Section 368 Transport Infrastructure Act


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regarding a proposal by the provider to replace the whole or a substantial proportion of its public utility plant on light rail land.

1994


Power, as a light rail authority, to require a public utility provider, at the provider’s cost and within the time stated in a written notice, to take action to remedy an action undertaken by the provider pursuant to section 366(1) of the Act:- (a) without the written or oral agreement of Council; or (b) in a way inconsistent with an agreement between Council and the provider.



Power, as a light rail authority, to arrange for action the authority considers necessary to remedy the action undertaken by a public utility provider pursuant to section 366(1), should the provider fail to comply with subsection (2) notice.



Power, as a light rail authority, to ask a public utility provider owning public utility plant located on light rail land to give information defining the location of the plant.



Power, as a light rail authority, to agree to be liable for any damage to public utility plants located on light rail land.

Sections 372, 373 and 374 Transport Infrastructure Act 1994


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Power, regarding replacement or reconstruction of a public utility plant on light rail land:- (a) as a light rail manager, to enter into an agreement with a public utility provider for the reduction of the cost to Council of the replacement or reconstruction of public utility plant owned by the provider; or (b) as a public utility provider, to enter into an agreement with a light rail authority for the reduction of the cost to the authority of the replacement or reconstruction of a public utility plant owned by Council.



Power, as a light rail manager, to give permission to a person to be on light rail, light rail land, light rail transport infrastructure or light rail transport infrastructure works site.



Power to enter into a light rail franchise agreement with the Minister.



Power to give the Minister a written notice claiming that part of a light rail franchise agreement or an amendment to the agreement should be treated as confidential on the grounds of commercial confidentiality.

Section 377D(2)(a) Transport Infrastructure Act 1994


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Power to:- (a) apply to the chief executive for compensation for compensable taking of overhead wiring easement or compensable overhead wiring damage; or (b) make an agreement with the chief executive to (i) allow a longer period during which a compensation application can be settled; or (ii) settle a compensation application; or (c) apply to the Land Court for the compensation.

Section 377R Transport Infrastructure Act 1994


Power to seek compensation from the chief executive for an interference with access to land, in which Council has an interest, caused by the establishment of light rail transport infrastructure.

Sections 380 and 383(1) Transport Infrastructure Act 1994


Power, as an owner or occupier of land, to enter into an agreement with the chief executive, with regards to the establishment or proposed establishment of light rail transport infrastructure on light rail land, for:- (a) the supply by the chief executive, or a contribution by the chief executive towards the supply, of works for alternative access for Council’s land; or (b) the carrying out, or a contribution towards carrying out, of other works in relation to Council’s land for the purpose of access



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for Council’s land.


Power to enter into an agreement with the chief executive with regards to the period of time during which an agreement for compensation can be made for an act done under chapter 10, part 4, division 5.



Power to apply to the Land Court to decide a compensation claim under subsection (1).



Power, as an affected person, to enter into negotiations with the person proposing a development under Chapters 9 or 10 with regards to the entry to Council land.



Power to apply to the chief executive for an investigator’s authority for the land.



Power, as an affected person, to consult with the chief executive about the proposed entry onto Council’s land by a person proposing a development under Chapters 9 or 10.



Power:- (a) as an affected person, to give written consent to an investigator or an associated person of the investigator to enter Council’s land; or (b) as an authorised



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investigator, to enter land with the affected person’s written consent.


Power, as an authorised investigator, to allow an associated person of Council to act under Council’s authority.



Power, as an affected person, to ask an individual who has entered, is entering or is about to enter Council’s land under an investigator’s authority for identification or about the individual’s authority to enter the land.



Power, as an investigator under chapter 11, to do anything necessary or desirable to minimise the damage or inconvenience to an affected person’s land.



Power, as an affected person, to require the investigator, once the investigator has finished investigating, to rectify loss or damage suffered by Council as a consequence of:- (a) the investigator entering the land; (b) the use made of the land by the investigator; (c) anything brought onto the land by the investigator; or (d) anything done or left on the land by the investigator under its authority.


CHIEF Power, as an affected person, Section 411(2)


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EXECUTIVE OFFICER

to give the investigator a compensation notice for the loss or damage to Council’s land that was not rectified.



Power, as an affected person or as an investigator under chapter 11, to:- (a) make an agreement with the other party in relation to the compensation payable as a result of the failure to rectify the affected person’s land; or (b) make an application to the Land Court to decide the compensation amount.



Power, as an operational licensee, to:- (a) apply for an approval by a responsible entity to construct, maintain, use or operate miscellaneous transport infrastructure stated in the licensee’s operational licence across, over or under an intersecting area and (b) subject to any approval conditions, construct, maintain, use or operate the miscellaneous transport infrastructure identified in the application across, over or under the area.



Power, as a responsible entity for an intersecting area, to grant or refuse an approval for an application by a licensee to construct, maintain, use, or operate miscellaneous transport infrastructure stated



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in the licensee’s operational licence across, over, or under an intersecting area.


Power, as an operational licensee, to apply in writing to the Minister for an approval under section 420 should the responsible entity refuse the application or fail to grant the application within 20 business days after the application is made.



Power to impose reasonable conditions on an approval given to a licensee’s application made by Council or the Minister.



Power to jointly, with a licensee applicant, appoint an independent arbitrator to resolve a dispute concerning approval conditions.



Power to make an application to the Minister and the Minister administering the Sustainable Planning Act 2009, if Council and the licensee applicant do not appoint an arbitrator within 10 business days of the giving of a dispute notice, to appoint an independent arbitrator to resolve a dispute concerning approval conditions.


CHIEF EXECUTIVE

Power, as an operational licensee, to make an agreement with the State



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OFFICER regarding the ownership of miscellaneous transport infrastructure.

1994


Power to commence proceedings against a licensee to claim an amount incurred by Council for the cost, damage, liability, or loss because of the existence, construction, maintenance, use or operation of the miscellaneous transport infrastructure by the licensee.



Power, as an owner or occupier of land, to give permission to the chief executive, or a person authorised by the chief executive, to occupy or use Council’s land for the purposes of Chapter 12.



Power, as an owner of land, to claim compensation from the chief executive for physical damage caused to Council’s land by the entry, occupation, use, or for the taking or consumption of materials from the land under Chapter 12.



Power to apply to the chief executive for an exemption from complying with a provision of a regulation about transporting dangerous goods by rail


CHIEF EXECUTIVE

Power to help, or attempt to help, in a situation in which an

Section 458 Transport


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OFFICER accident or emergency involving dangerous goods happens or is likely to happen.



Power to consent to Council’s appointment as a manager of a public marine facility.



Power, as the manager of a public marine facility, to exercise all its functions, powers and obligations under the Local Government Act 2009,and do anything Council considers necessary or convenient for the facility’s effective and efficient management.



Power, as the manager of a public marine facility, to impose fees for the use of the facility, whether as a condition of an approval to use the facility or otherwise, and recover the fee as a debt owing to Council.



Power, as the manager of a public marine facility, to resign.



Power, as the manager of a public marine facility, to remove, within 3 months of its resignation or the revocation of the appointment, any improvements to the facility added by Council that do not



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form an integral part of the facility.


Power, as an occupier of a place, to give consent to an authorised person under Chapter 15 to enter the place.

Section 475I Transport Infrastructure Act 1994


Power, as an occupier of a place, to sign an acknowledgement of the consent given to an authorised person under Chapter 15 to enter the place.

Section 475J(3) and (5) Transport Infrastructure Act 1994


Power to make submissions to the chief executive in relation to a proposed declaration of a transport interface management area.

Section 475ZI(2) Transport Infrastructure Act 1994


Power to enter into a transport interface agreement for a transport interface.

Section 475ZJ Transport Infrastructure Act 1994


Power, as an owner or occupier of land, to provide written agreement to a person authorised by the chief executive to enter the land and inspect Council works that threaten, or are likely to threaten, the safety or operational integrity of transport infrastructure.

Section 476B(7)(b) Transport Infrastructure Act 1994


Power, as an owner or occupier of land, to undertake the following concerning the entry onto Council land pursuant to section 476B(7):-

Section 476C(2) Transport Infrastructure Act 1994


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(a) claim compensation for loss or damage caused by the entry on Council land; or (b) claim compensation for the taking or use of materials; or (c) require the chief executive to carry out works in restitution for the damage; or (d) require the chief executive to carry out works in restitution for the damage and then claim compensation for any loss or damage not restituted.


Power, as an owner or occupier of land, to enter into an agreement with the chief executive with regards to the amount of compensation to be claimed by Council pursuant to subsection (2).

Section 476C(4)(a) Transport Infrastructure Act 1994


Power to appeal to the Minister against a notice requiring Council to give to the chief executive, or to a specified person, information on a particular issue relevant to the discharge of functions or the exercise of powers under the Act or the Sustainable Planning Act 2009.



Power, as a relevant entity under this section and lease holder under the Land Act 1994 of port land or land relating to a declared project that has been subleased to a person, to grant a concurrent



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sublease of all or part of the land to another person for all or part of the term of the lease.


Power, as a relevant entity under this section and lease holder of land under the Land Act 1994 in relation to a declared project, to grant a licence to enter and use the land.

Section 477E Transport Infrastructure Act 1994


Power, as a holder, or proposed holder, of a licence to construct or establish transport infrastructure under the Act, to:- (a) seek consent from the chief executive allowing Council to submit a compliance management plan; and (b) submit a compliance management plan addressing 1 or more compliance matters for the licence.

Section 477G Transport Infrastructure Act 1994


Power to retain penalties received or recovered by Council in relation to Council’s tolling enforcement.



Power, as the manager of a public marine facility, to retain fees or other amounts recovered by Council pursuant to section 466 and not paid into the consolidated fund.



Power to ask the chief executive to review a decision described in schedule 3 that has affected Council’s



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interests. 1994


Power to apply to the Queensland Civil and Administrative Tribunal (“QCAT”), as provided under the QCAT Act, for a review of the chief executive’s decision on a review under section 485.

Section485A Transport Infrastructure Act 1994


Power to enter an appeal to the Planning and Environment Court against the chief executive’s decision on a review under section 485.



Power, as a railway manager, to make an agreement with the chief executive regarding the period in which it must give the chief executive a written notice identifying the preserved train paths relating to Council’s railway.



Power to consult with the chief executive in relation to the development of marine pollution prevention and response programs if the chief executive believes that Council would be affected by the programs.

Section 17(4) Transport Operations (Marine Pollution) Act 1995


Power to consult with the State, the port authority or port operator, if required, in preparing a response to a discharge or probable discharge of pollutant into coastal waters.

Section 93(5) Transport Operations (Marine Pollution) Act 1995


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Power, as shipping inspector, to exercise powers of shipping inspectors under the Transport Operation (Marine Safety) Act 1994.

Transport Operation (Marine Safety) Act 1994


Power to consult with chief executive in developing marine safety implementation programs, if the chief executive considers Council would be affected by the programs.

Section 25(4) Transport Operations (Marine Safety) Act 1994


Power to give the general manager a proposal for an area (a proposed area) to be a marine zone under section 222A of the Transport Operations (Marine Safety) Regulation 2004.

Section 222B Transport Operations (Marine Safety) Regulation 2004


Power to consult with the proposing entity, if it is a government entity, about a proposal under section 222B of the Transport Operations (Marine Safety) Regulation 2004.

Section 222C(1)(a)(iii) Transport Operations (Marine Safety) Regulation 2004


Power to install and remove official traffic signs on Council’s roads, off-street regulated parking areas and, with the chief executive’s written consent, on declared roads.

Section 69 Transport Operations (Road Use Management) Act 1995


Power to install official traffic signs where reasonably satisfied that there is a danger, hindrance, obstruction

Section 71 Transport Operations (Road Use Management) Act

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstOpMSA94.pdf




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to traffic or other emergency. 1995


Power to maintain and continue official traffic signs installed pursuant to section 71(1) where the chief executive officer is reasonably satisfied that there is a danger, hindrance, obstruction to traffic or other emergency.



Power to take proceedings against a person who has committed an offence under section 74(1) of Transport Operations (Road Use Management) Act.

Section 74(2) Transport Operations (Road Use Management) Act 1995


Power to remove unauthorised traffic signs.



Power to commence proceedings against a person who has injured one of Council’s official traffic signs.



Power to remove and detain at a place for safe keeping any vehicles, trams and animals and any goods, equipment or thing contained in, on or about the vehicle, tram or animal at the time of removal that are considered on reasonable grounds to be abandoned on a road or left on a road unattended or found on a road, where their presence is hazardous any vehicles, trams


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUA95.pdf





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and animals that are abandoned on a road.


Power to take all the actions of the chief executive officer of a local government prescribed by section 100 of the Transport Operations (Road Use Management) Act 1995 – for the removal of things from roads, including the giving of notice and determining the manner and terms of their disposal and the disposal of contents.



Power to regulate parking in its area on a road (other than a declared road), on a declared road (with the chief executive’s written permission) or on an off-street regulated parking area.



Power to regulate parking by installing official traffic signs indicating how parking is regulated.



Power to exercise control over land for use as an off-street parking area under an arrangement with a person who owns or has an interest in the land.



Power to install a parking meter or parkatarea for a designated parking space if it is installed in a way specified by the MUTCD or approved by the chief executive.


CHIEF Power to enter into an Section 109(1)






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EXECUTIVE OFFICER

agreement with the commissioner of police in respect of annual or periodical payments to the commissioner of police for costs incurred in the carrying out of duties by police officers enforcing parking regulations.

Transport Operations (Road Use Management) Act 1995


Power, where appointed trustee for certain purposes, to administer trust property.

Section 116 Trusts Act 1973


Power to make an exempt waste application to the chief executive officer.

Section 29 Waste Reduction and Recycling Act 2011


Power, as applicant on an exempt waste application, to agree with the chief executive about extending the time for providing any further information requested by the chief executive.



Power, as holder of an exempt waste approval, to ask for, and agree with the chief executive on, amendments to the approval.



Power, as holder of an exempt waste approval that the chief executive is proposing to cancel, to make written submissions to show why the proposed action to cancel the approval should not be taken.


CHIEF EXECUTIVE

Power, as operator of a levyable waste disposal site,

Section 39


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OFFICER to claim a resource recover deduction (see, in particular, section 391(1)(a),(b),(c) and (d) of the Act).

Waste Reduction and Recycling Act 2011


Power, as operator of a levyable deliverying waste to the site for information reasonably required to identify particulars about the waste delivered (see, in particular section 41(1)(a),(b),(c) and (d) of t Act).



Power, as operator of a levyable waste disposal site, to apply to the chief executive to enter into a waste levy instalment agreement.



Power, as operator of a levyable waste disposal site, to apply to the chief executive to enter into a waste levy instalment agreement.



Power, as operator of a levyable waste disposal site, to apply to the chief executive for an extension of time within which to pay a waste levy amount.



Power, as operator of a levyable waste disposal site forming the whole or part of a waste facility, to declare an area at the facility as a resource recovery area under certain circumstances


CHIEF Power, as operator of a Section 62


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EXECUTIVE OFFICER

levyable waste disposal site, or as an entity having responsibility for the operation of the resource recovery area, to cancel the area’s declaration as a resource recovery area.



Power to apply to the chief executive for accreditation as scheme manager for a voluntary product stewardship scheme.



Power, as a participant in an accredited stewardship scheme, to amend the scheme by agreement with all other participants in the scheme.



Power, as scheme manager of an accredited stewardship scheme that the minister is proposing to revoke, to make written submissions to show why the proposed action to revoke the accreditation should not be taken.



Power, as delegate of the chief executive administering the Act, to give a notice to an adult person.



Power, as delegate of the chief executive administering the Act, to give a notice to an adult person.


CHIEF EXECUTIVE

Power, as delegate of the chief executive administering

Section 112 Waste Reduction and


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OFFICER the Act, to direct a responsible entity to collect material from premises.

Recycling Act 2011


Power to make written submissions where the chief executive intends to prepare a waste reduction and recycling plan for the local government to address an aspect that is relevant to the local government.



Power to apply to the chief executive for a specific approval of a resource.



Power to agree with the chief executive to extend the time for providing additional material requested by the chief executive on an application for a specific approval of a resource.



Power, as holder of a specific approval of a resource, to apply to the chief executive to transfer the benefit of the approval or amend the approval.



Power to agree with the chief executive to extend the time for providing additional material requested by the chief executive on an application to transfer or amend a specific approval of a resource.


CHIEF Power, in relation to an Section 172


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EXECUTIVE OFFICER

approval which the minister intends to amend, cancel or suspend, to make written submissions to show why the proposed actions should not be taken.



Power, where given, or entitled to be given, an information notice for a decision, to apply to the chief executive for an internal review of the decision.



Power, where an internal review application has been made, to apply for a stay of the original decision.



Power, where given, or entitled to be given, a QCAT information notice under section 179 of the Waste Reduction and Recycling Act 2011, to apply to QCAT, under the QCAT Act, for external review of the decision



Power, as delegate of the chief executive administering the Act, to appoint a person as an authorised person.



Power, as delegate fo the chief executive administering the Act, to issue an identify card to an authorised person.



Power, as delegate of the chief executive administering the Act, to give a show cause



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notice


Power, as delegate of the chief executive administering the Act, to give a compliance notice.

Sections 248 and 249 Waste Reduction and Recycling Act 2011


Power, as delegate of the chief executive administering the Act, to give a notice requiring the person to commission a waste audit and to provide a waste report on the audit.



Power to bring a proceeding in a Magistrates Court for an order to remedy or restrain an offence against the Act, or a threatened or anticipated offence against the Act.



Power, as a constructing authority, to take water in an emergency situation for constructing or maintaining infrastructure without a water entitlement.

Section 20(8) Water Act 2000


Power, as a service provider directed to impose water restrictions under section 25D, to provide the Minister with a response stating the way it intends to ensure the restrictions are complied with.

Section 25C(d)(iii) Water Act 2000


Power, as a service provider directed to achieve outcomes, to provide the Minister with a response stating: (a) Its intended actions to

Section 25C(d)(v) Water Act 2000

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WaterA00.pdf


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achieve those outcomes; and (b) If the actions include restrictions; how It intends to ensure compliance with the restrictions.


Power, as a service provider and to the extent stated in a declaration or regulation, to recover, as a debt due, from Council’s customers or other service providers: (a) contributions made by the State; and (b) costs in section 25O(1) Water Act 2000 to the extent approved by the Minister; and (c) the rate of return.

Section 25O Water Act 2000


Power, as a service provider, to apply to the Minister for compensation for loss or damage because of actions taken under Chapter 2, Part 2, Division 2A Water Act 2000.

Section 25R Water Act 2000


Power, as a service provider who has made an application under section 25R, to provide the information the Minister requires to decide the application.

Section 25T Water Act 2000


Power, as a service provider outside the SEQ region or a designated region, to apply for written approval to restrict the use of subartesian water.

Section 25ZA Water Act 2000


Power, as a service provider outside the SEQ region or a designated region, with the

Section 25ZE Water Act 2000


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written approval of the chief executive, to impose a restriction on the use of subartesian water.


Power, as owner of land a moratorium notice affects and completing works that will not be completed by the date stated in the moratorium notice, to seek an extension of time to complete the works.

Section 27 Water Act 2000


Power, as a holder of an authority or entitlement to take or interfere with water, to provide information requested by the chief executive under section 36 of the Water Act 2000.



Power, as a service provider, to provide information requested by the chief executive under section 36 of the Water Act 2000.

Section 36A Water Act 2000


Power to make submissions in response to a notice of the Minister’s intention to prepare a draft water resource plan or further proposed draft water resource plan.

Section 40 & 40A Water Act 2000


Power to make submissions in response to a notice of the Minister’s draft water resource plan or further draft water resource plan.


CHIEF EXECUTIVE

Power to make submissions in response to a notice of the



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OFFICER Minister’s intention to prepare an amending water resource plan or new draft water resource plan.


Power to make submissions in response to a notice of the Minister’s intention to prepare a draft water use plan.



Power to make submissions in response to a notice of the Minister’s draft water use plan.



Power to make submissions in response to a notice of the Minister’s intention to prepare an amending water use plan or new draft water use plan.



Power to make submissions in response to a notice of the chief executive’s intention to prepare draft guidelines for land and water management plans.



Power to apply for the approval of a land and water management plan for the use of water on land.



Power to provide any additional information the chief executive may require in relation to a an application under section 74.



Power to apply to amend a land and water management plan.



Page 261 of 309







Power to make submissions in response to a notice of the chief executive’s intention to prepare a draft resource operations plan.



Power, as the holder of an interim resource operations licence, a resource operations licence or other authorisation to operate water infrastructure, to provide proposed arrangements for the management of the water.



Power to make submissions in response to a notice of the chief executive’s draft resource operations plan.



Power, as existing water entitlement holder and in response to a notice for a draft resource operations plan that establishes water allocations, to give the chief executive notice of its wish to be recorded on the water allocations register as other than as tenant in common in equal shares.

Section 101(1)(a) Water Act 2000


Power, as existing interest holder and in response to a notice for a draft resource operations plan that establishes water allocations, to give the chief executive notice of intention to take action to have the interest recorded on the water

Section 101(1)(b) Water Act 2000


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allocations register.


Power, as existing interest holder who gives the chief executive a notice under section 101(1)(b) of the Water Act 2000, to give the chief executive notice of the consent of the water allocation holder or other authority to take water.

Section 101(1)(c) Water Act 2000


Power to make submissions in response to a notice of the chief executive’s intention to amend a resource operations plan.



Power to apply for a distribution operations licence other than one granted under a resource operations plan.



Power, as an applicant for a distribution operations licence, to provide whatever information the chief executive may request.

Section 108B Water Act 2000


Power to make submissions in response to the chief executive’s intention to amend a condition of a resource operations licence or a distribution operations licence.



Power, as the holder of a resource operations licence or distribution operations licence, to consent to amendments the chief executive wishes to make to the licence.



Page 263 of 309







Power, as resource operations licence holder or distribution operations licence holder or interim resource operations licence holder, to apply to the chief executive to transfer all or part of a resource operations licence or distribution operations licence or interim resource operations licence.

Section 114 & 186 Water Act 2000


Power, as the holder of a resource operations licence or distribution operations licence, to provide the chief executive any additional information about an application made under section 114 of the Water Act 2000.



Power, as resource operations licence holder or a distribution operations licence, to apply to the chief executive to amalgamate two or more resource operations licences or distribution operations licences in the same water supply scheme.



Power, as the holder of a resource operations licence or distribution operations licence, to provide written consent for its licence to be amalgamated with another licence in the same water scheme.

Section 118A(2)(b) Water Act 2000

CHIEF EXECUTIVE

Power to make submissions in response to a show cause



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OFFICER notice issued by the chief executive in relation to the proposed cancellation of a resource operations licence or distribution operations licence.


Power, as resource operations licence holder or distribution operations licence holder or interim resource operations licence holder, to agree with the chief executive to cancel a resource operations licence or distribution operations licence or interim resource operations licence.

Section 119B & 186 Water Act 2000


Power, as resource operations licence holder or water allocation holder, to enter into a supply contract with a resource operations licence holder or allocation holder, where a different entity, for an allocation.

Section 122A(4)(a) Water Act 2000


Power, as a party to a supply contract, to review the contract within 1 year of the contract taking effect.

Section 122A(5) Water Act 2000


Power, as resource operations licence holder, to require a water allocation holder to provide reasonable security for supplying and storing the water allocation.



Power, as water allocation holder, to provide the chief executive with information required by the chief executive



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to correct the name of the entitlement holder.


Power, as distribution licence holder, to agree that the water allocation holder has satisfied their obligation to pay a charge under the distribution arrangements between the parties.

Section 127C Water Act 2000


Power, as water allocation holder, to apply to the chief executive to: (a) amalgamate 2 or more water allocations into a single water allocation; or (b) subdivide a water allocation into 2 or more water allocations.



Power, as water allocation holder, to notify the chief executive of a proposal to transfer or lease a water allocation not managed under a resource operations licence.



Power, as water allocation holder, to apply to the chief executive to change the allocation in accordance with the change rules of a resource operations plan.



Power, as water allocation holder, to apply to the chief executive to change the allocation where the change is not mentioned in a resource operations plan.


CHIEF Power, as water allocation Section 131


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EXECUTIVE OFFICER

holder who has made an application under sections 129A or 130 to provide the chief executive with the additional information requested.

Water Act 2000


Power to make submissions in response to a notice advising an application to change a water allocation under section 130 Water Act 2000.



Power, as water allocation holder or an interim water allocation licence holder, to make submissions in response to a show cause notice given where Council has been convicted of an offence against the Water Act 2000.



Power, as resource operations licence holder or distribution operations licence holder, to sell a water allocation in accordance with the supply contract or distribution arrangements.



Power, as water allocation holder or seasonal water assignment holder, to apply to the chief executive for a seasonal water assignment.



Power, as water allocation holder who has made an application under section 142 to provide the chief executive with the additional information



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requested.


Power, as water allocation holder, to enter into an arrangement for a seasonal water assignment in relation to the water allocation.



Power, as resource operations licence holder, to consent to an arrangement for a seasonal water assignment with a water allocation holder where the seasonal water assignment rules require the consent.

Section 146B(2)(b) Water Act 2000


Power, as existing interest holder, to lodge a caveat claiming an interest in a water allocation.



Power to search and obtain a copy of a water allocation, an instrument in relation to an allocation and information about the allocation.



Power, as interim resource operations licence holder, to apply to amend the interim resource operations licence.



Power, as interim resource operations licence holder who has made an application under section 179, to provide any additional information requested by the chief executive.


CHIEF EXECUTIVE

Power to make submissions in response to a public notice by



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OFFICER the chief executive to amend an interim resource operations licence.


Power, as interim resource operations licence holder to respond to a show cause notice issued by the chief executive about its intention to amend the interim resource licence.



Power to make submissions in response to a public notice by the chief executive to amend an interim resource operations licence.



Power, as the holder of a interim resource operations licence, to apply to the chief executive to amend the water sharing rules in a water year or part of a water year.

Section 185A(1)(a)(ii) Water Act 2000


Power, as interim resource operations licence holder or resource operations licence holder, to apply to transfer all or part of an interim water allocation not attached to land, to any of the listed entities.



Power, as interim water allocation holder, to transfer to other land, all or part of the authority to take water under the allocation.



Power, as interim water allocation holder, to surrender the allocation.



Page 269 of 309







Power, as interim water allocation holder that attaches to land, part of which has been disposed of, to apply or consent to the other land holder/s application, to have one or more interim water allocations to replace the jointly held interim water allocation licence.



Power, as interim water allocation holder that attaches to land, part of which has been disposed of, to make a written submission to the chief executive in response to a notice to replace the allocation.



Power, as interim water allocation holder, to enter into an arrangement for a seasonal water assignment in relation to the allocation.



Power, as interim resource operations licence holder or resource operations licence holder, to consent to an arrangement under section 200(1) Water Act 2000.



Power, as owner of land or owner of contiguous parcels of land, to apply for a water licence to take water and use water on the land or interfere with the flow of water on under or adjoining the land.





Page 270 of 309







Power, as owner of intervening land, to grant the applicant for a water licence a registrable lease or easement over Council’s land to enable them to take the water.



Power, as a listed entity, to apply for a water licence to take water or interfere with the flow of water.



Power, as an applicant for a water licence under section 206 or an applicant for the transmission of a water licence under section 212A to provide any additional information requested by the chief executive.

Section 207 & 212A(5) Water Act 2000


Power to make submissions in relation to another entity’s application for a water licence under section 206 of the Water Act 2000.



Power, as relevant entity for a recycled water scheme or entity nominated by such a relevant entity, to apply for a transmission water licence for taking water from a receiving water source.



Power, as water licence holder, to apply to amend a water licence.



Power to make written submissions in relation to another entity’s application to






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amend a water licence.


Power, as water licence holder or a water permit holder, to make submissions in response to a show cause notice issued by the chief executive in relation to a proposed amendment to the water licence or cancellation of the water permit.



Power, as water licence holder, to apply for renewal of a water licence.



Power, as water licence holder or the owner of land to which a water licence was attached, to apply for reinstatement of an expired water licence.



Power, as water licence holder or the constructing authority acquiring land under the Acquisition of Land Act 1967 to which an interim water allocation or water licence is attached, to apply to transfer a water licence or the interim water allocation or water licence.

Section 222 & 198A & 229B Water Act 2000


Power, as water licence holder, to apply to amalgamate 2 or more water licences.



Power, as water licence holder, to apply to divide a water licence into 2 or more water licences.






Page 272 of 309







Power, as water licence holder, to surrender a water licence.



Power, as the new owner of land to which a water licence attaches, to give the chief executive notice that the previous licensee has ceased to be the licensee.



Power, as owner of land to which a jointly held water licence attaches, to apply for 1 or more licences to replace the jointly held licence.



Power, as owner of land to which a jointly held water licence attaches and to whom a notice has been given under section 229(7) of the Water Act, to make a submission about the chief executive’s proposal to amend, subdivide or cancel the licence.



Power, as water licence holder or seasonal water assignment notice holder, to apply for a seasonal water assignment.



Power, as an applicant under section 231, to provide any additional information requested by the chief executive.



Power to apply for a water permit for taking water for an activity with a reasonably foreseeable conclusion date.







Page 273 of 309







Power as an applicant for a water permit under section 237 to provide the chief executive with any additional information requested.



Power, as water permit holder or the holder of a seasonal water assignment notice, to surrender the water permit.

Section 243 & 146 & 236 Water Act 2000


Power, as water licence holder or water permit holder, to apply for a replacement licence or permit where the licence or permit has been lost or destroyed.



Power to apply to the chief executive for a permit to: (a) destroy vegetation in a watercourse, lake or spring; (b) excavate in a watercourse, lake or spring; (c) place fill in a watercourse, lake or spring.



Power, as the registered owner of the land containing the watercourse or part of the lake or spring or adjoining the watercourse, lake or spring to which an application under section 266 relates, to provide written consent to the proposed activity.

Section 266(2A) Water Act 2000


Power, as an applicant under section 266 top provide any additional information requested by the chief executive.







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Power, as permit holder under section 266 of the Water Act 2000, to respond to a show cause notice issued by the chief executive as to why the conditions of the permit should not be amended, or the permit should not be cancelled.



Power to apply for an allocation of quarry material.



Power, as quarry material allocation notice holder, to apply to transfer all or part of the allocation to another person.



Power, as quarry material allocation notice holder, to apply to renew the allocation notice.



Power, as quarry material allocation notice holder, to respond to a show cause notice issued by the chief executive as to why the allocation notice should not be amended, suspended or cancelled.



Power, as quarry material allocation notice holder, to surrender the allocation notice.



Power, as operations licensee, to apply to amend an operations licence.




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Power, as operations licensee, to make submissions in response to a notice issued by the chief executive regarding proposed the proposed amendment to a licence.



Power, as operations licensee, to apply to transfer the operations licence.



Power, as operations licensee, to surrender an operations licence.



Power to make written submissions in response to a notice published pursuant to section 345 of the Water Act 2000.



Power to prepare a draft water security program



Power to prepare a revised draft water security program



Power to decide not to prepare a revised draft water security program



Power to finalise a water security program



Power to review a water security program


CHIEF EXECUTIVE

Power to amend a water Section 360


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OFFICER security program Water Act 2000


Power, as a bulk water party, to amend a bulk water supply agreement.

Section 360H Water Act 2000


Power, as a bulk water party to an amended bulk water supply agreement, to respond to Minister’s notice under section 360I

Section 360I Water Act 2000


Power, as a code regulated entity to make submissions to the Minister about the making or amending of the bulk water code.

Section 360U Water Act 2000


Power, as responsible entity for an approved report, which the chief executive considers requires amendment, to make a submission regarding the proposed amendment.



Power, as party to the dispute or who attended the conference or ADR under section 425 of the Water Act 2000, to apply to the Land Court to decide the matter the subject of the election notice issued under section 425 of the Water Act 2000.



Power to make a submission in response to the chief executive’s notice to establish a water authority.


CHIEF EXECUTIVE

Power to make a submission in regarding a proposed



Page 277 of 309






OFFICER amalgamation or dissolution of water authorities.


Power, as local government, to agree to the transfer of all or part of the water authority’s functions to Council.



Power, as interested person who has been given an information notice or compliance notice by the chief executive, to apply for an internal review of the original decision to give the notice.



Power, as interested person who applied for an internal review under section 862 of the Water Act 2000, to appeal against, or apply for a review of, the review decision.



Power, if one of the stated authorities, to have a supply contract with SEQ Water for Council’s water entitlement.

Section 992C Water Act 2000


Power to decide that fluoride be added to the water supply and to give the requisite notice (if applicable) to the water supplier

Section 7(1) and (2) Water Fluoridation Act 2008


Power to decide that fluoride not be added to the water supply and to give the requisite notice (if applicable) to the water supplier.

Section 7(3) and (4) Water Fluoridation Act 2008


Power to give the chief executive officer stating the Council has made a

Section 13(2) Water Fluoridation Act


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fluoridation decision and to publish that notice

2008


Power to give the chief executive a fluoridation notice and to publish that notice

Section 13(3) Water Fluoridation Act 2008


Power, as local government that owns infrastructure for supplying water or sewerage services, to apply for registration as a service provider.

Section 20 Water Supply (Safety and Reliability) Act 2008


Power, as service provider, to apply to the regulator to cancel the registration as a service provider if not supplying, and does not intend to start supplying, the service for which the provider is registered.



Power, as service provider, to give a person a notice requiring them to provide a reason why Council should not disconnect their unauthorised connection.

Section 33(2) Water Supply (Safety and Reliability) Act 2008


Power, as service provider, to recover from a person, as a debt, Council’s costs in disconnecting the unauthorised connection, and the value of any service used by the person through the connection.

Section 33(4) and (5) Water Supply (Safety and Reliability) Act 2008


Power, as service provider, to give a person a notice requiring them to rectify

Section 34(2) Water Supply (Safety and Reliability) Act


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equipment or remove vegetation or other things.

2008


Power, as service provider, to recover from a person, Council’s costs in doing the work required to be done in a notice issued under section 34(2) of the Water Supply (Safety and Reliability) Act 2008.



Power, as service provider, to install or approve the installation of a meter on infrastructure supplying water to premises.



Power, as service provider, to give a person an entry notice.

Section 36(2)(b) Water Supply (Safety and Reliability) Act 2008


Power, as service provider, to recover from a person as a debt, the amount of the loss or reasonable cost of repairing damage to Council’s infrastructure caused by the person.



Power, as water service provider, to restrict: (a) the volume of water taken or supplied to a customer; (b) the hours when water may be used on premises for stated purposes; or (c) the way water may be used on premises.


CHIEF EXECUTIVE

Power, as a water service provider, to shut off water

Section 44 Water Supply (Safety


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OFFICER supply to premises for the time reasonably necessary to perform work on the infrastructure.

and Reliability) Act 2008


Power, as service provider, to shut off water supply without notice if there is: (a) a serious risk to public health; (b) likelihood of serious injury to persons or damage to property; or (c) another emergency.



Power, as service provider, to appoint an authorised person.



Power, as service provider, to give a customer, or type of customer, a written notice, approved by the chief executive, to prepare a plan and to give it to Council within a reasonable period.



Power, as service provider, to require the customer to give additional information about the plan within a reasonable period, for deciding whether or not to approve a water efficiency management plan.



Power, as service provider, where the water efficiency management plan is not approved, to extend the 20 business day period within which the customer must amend the plan to address the



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reasons for the decision and give the revised plan to Council under section 54(4) of the Water Supply (Safety and Reliability) Act 2008.


Power, as service provider, to recover from the customer, as a debt, an application fee for the approval of a water efficiency management plan.



Power, as service provider, to change the strategic asset management plan after it is approved, with the agreement of the regulator.



Power, as water service provider that supplies more than just drainage services, to apply to the regulator for an exemption from providing a system leakage management plan.



Power, as chief executive officer, to certify an application for exemption under section 83(1) of the Water Supply (Safety and Reliability) Act 2008 as being accurate for Council’s infrastructure and registered services, where the application is for approval under section 84(1)(b)(i), (ii), (iii), (v) or (vi) of the Water Supply (Safety and Reliability) Act 2008.



Power, as water service provider that supplies more than just drainage services, to provide information requested by the regulator.


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WaterSupSRA08.pdf




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Power, as water service provider that supplies more than just drainage services, to amend the system leakage management plan after approval, with the regulator’s agreement.



Power, as drinking water service provider, to make submissions in response to a show cause notice issued by the regulator regarding proposed amendments to the drinking water quality management plan.



Power, as drinking water service provider that obtains water for the drinking water service from a water storage or other infrastructure not part of a water service for which there is a drinking water quality management plan, to give notice to the owner of the water storage or other infrastructure asking for information reasonably required about the quality of the water.



Power, as chief executive officer, to certify the drought management plan as being Council’s drought management plan as a water service provider.



Power, as a service provider that supplies more than just drainage services, to change the drought management plan

Section 129 Water Supply (Safety and Reliability) Act





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after it is registered. 2008


Power, as water service provider, to consult with the regulator concerning water security and the implementation of adequate measures to ensure the efficient use of water by Council’s customers.

Section 133(1AA)(b) Water Supply (Safety and Reliability) Act 2008


Power, as water service provider, to apply for an internal review of the decision made by the regulator under section 134(4).

Section 133(4) and schedule 3 definition for “information notice” (a)(iv) Water Supply (Safety and Reliability) Act 2008


Power, as water service provider, to change an outdoor water use conservation plan after it is approved, with the regulator’s agreement.



Power, as service provider providing a retail water service, to fix a meter and/or seal to a private fire fighting system.



Power, as service provider, to recover from a customer the reasonable costs of complying with its obligations under section 164 of the Water Supply (Safety and Reliability) Act 2008.



Power, as service provider, to impose conditions on the installation of water storage

Section 166(3) Water Supply (Safety and Reliability) Act


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tanks and pumps, where the customer wants to connect to Council’s water supply services.

2008


Power, as service provider, to issue a notice to the owner of premises in Council’s service area, requiring the owner to carry out works for connecting the premises to a registered service.



Power, as service provider, to issue a notice to an owner or occupier, requiring them to stop contravening a restriction or pay the rate of charge.



Power, as service provider, to reduce the water supply to premises to the minimum level necessary for health and sanitation purposes, where the owner or occupier has not complied with a notice issued under section 169(1) of the Water Supply (Safety and Reliability) Act 2008 and the service provider is not a withdrawn SEQ Council.



Power, as sewerage service provider, to give a person a trade waste approval to discharge trade waste into Council’s sewerage infrastructure.



Power, as sewerage service provider, to give a trade waste approval on conditions.

Section 181 Water Supply (Safety and Reliability) Act





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2008


Power, as sewerage service provider, to suspend or cancel a trade waste approval subject to section 183.



Power, as sewerage service provider, to immediately suspend or cancel a trade waste approval if urgent action is necessary in the interests of public health or safety, to prevent environmental harm, or to prevent damage to the sewerage system.



Power, as service provider, to give or refuse written consent for a person to connect or disconnect from Council’s infrastructure.



Power, as service provider, to give or refuse written consent for a person to interfere with Council’s infrastructure.



Power, as a service provider, to give or refuse written consent for a person to: (a) build over; (b) interfere with access to; (c) increase or reduce the cover over; or (d) change the surface of land in a way causing ponding of water over an access chamber for; (e) Council’s infrastructure.


CHIEF EXECUTIVE

Power, as service provider, to give or refuse written consent

Section 193(3)


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OFFICER for a person to discharge water from an ornamental pond, swimming pool or filtration system of a swimming pool into Council’s infrastructure.

Water Supply (Safety and Reliability) Act 2008


Power, as service provider, to give or refuse written consent for a person to take water from Council’s infrastructure.



Power, as the scheme manager for a multiple-entity recycled water scheme, to prepare a recycled water management plan for the scheme.



Power, as the relevant entity of a recycled water scheme, to respond to the regulator’s request for additional information or to verify any information by statutory declaration.



Power, as a recycled water provider for a single-entity recycled water scheme, to give the regulator notice of Council’s stoppage or proposed stoppage of production or supply of recycled water.



Power, as the relevant entity for recycled water scheme, to amend the recycled water management plan with the regulator’s agreement.



Page 287 of 309







Power, as a recycled water provider for a single-entity recycled water scheme, to make a submission in response to the regulator’s show cause notice issued under section 210(2) of the Water Supply (Safety and Reliability) Act 2008.



Power, as the scheme manager or declared entity for a multiple-entity recycled water scheme, to make a submission in response to the regulator’s show cause notice issued under section 211(2) of the Water Supply (Safety and Reliability) Act 2008.



Power, as the relevant entity or declared entity for a recycled water scheme, to make submissions in response to the regulator’s show cause notice issued under section 213(2)(a) of the Water Supply (Safety and Reliability) Act 2008.



Power, as the relevant entity for a recycled water management plan that has been suspended under Chapter 3 Part 2 of the Water Supply (Safety and Reliability) Act 2008, to apply to the regulator for approval to resume supply of recycled water under the scheme.



Page 288 of 309







Power, as the relevant entity for the recycled water scheme, to provide information or to verify information by statutory declaration as required by the regulator under section 230(6) of the Water Supply (Safety and Reliability) Act 2008.



Power, as the relevant entity for the recycled water scheme that augments the supply of drinking water, to provide information or information verified by statutory declaration as required by the regulator under section 238(1) of the Water Supply (Safety and Reliability) Act 2008.



Power, as the relevant entity for the recycled water scheme that augments the supply of drinking water, to apply to the regulator to amend the approved validation program.



Power, as recycled water provider, to apply to the regulator for an exemption for having an approved recycled water management plan for the scheme.



Power, as recycled water provider, to provide information or information verified by statutory declaration as required by the regulator under section 251(1) of the Water Supply (Safety



Page 289 of 309






and Reliability) Act 2008.


Power, as recycled water service provider for a single-entity recycled water scheme, to respond to the regulator’s show cause notice about a proposed spot audit.



Power, as the scheme manager for a multiple-entity recycled water scheme, to respond to the regulator’s show cause notice about a proposed spot audit.



Power, as recycled water provider for a single-entity recycled water scheme, to make submissions regarding the regulator’s intention to make a declaration that the recycled water scheme is a critical recycled water scheme.



Power, as recycled water provider or other entity for a multiple-entity recycled water scheme, to make submissions regarding the regulator’s intention to make a declaration that the recycled water scheme is a critical recycled water scheme.



Power, as the relevant entity for a critical recycled water scheme, to ask the regulator to review the making of the declaration that the scheme is a critical recycled water scheme, after one year since



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the declaration was made.


Power, as chief executive officer of a service provider, to receive a review application under section 512(1) of the Water Supply (Safety and Reliability) Act 2008.



Power, as water service provider, to make guidelines for persons about preparing a water efficiency management plan.



Power, as an employer, to insure and keep insured all Council’s employees and Councillors.

Section 48 Workers’ Compensation and Rehabilitation Act 2003


Power to apply to the Authority to be licensed as a self-insurer, as described in Chapter 2 Part 4.

Section 69 and 70 Workers’ Compensation and Rehabilitation Act 2003


Power, as local government self-insurer, to cover councillors under the self-insurer licence.

Section 68A(1) Workers’ Compensation and Rehabilitation Act 2003


Power, as an employer, to ask the Authority’s board to approve the amount provided for in the industrial instrument for the purposes of section 107B of the Workers’ Compensation and Rehabilitation Act 2003.

Section 107E(2) Workers’ Compensation and Rehabilitation Act 2003





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Power, as an employer, to appeal the board’s decision to refuse to approve the amount provided for in the industrial instrument under Chapter 13 of the Workers’ Compensation and Rehabilitation Act 2003.

Section 107E(6) Workers’ Compensation and Rehabilitation Act 2003


Power to appoint a Rehabilitation and Return to Work Coordinator.



Power to prepare and have in place a workplace rehabilitation policy and procedure, and review those policies every 3 years.



Power to review a decision made under section (540)(1)(b) of the Workers Compensation and Rehabilitation Act 2003.



Power to appeal to an appeal body against the following decisions of the Authority or the insurer: (a) a review decision, other than a decision to return a matter to a decision-maker under section 545 of the Workers’ Compensation and Rehabilitation Act 2003; and (b) a decision by an insurer under Chapter 3 or Chapter 4 of the Workers’ Compensation and Rehabilitation Act 2003



Page 292 of 309






that is not a decision mentioned in section 540(1) (a non-reviewable decision).


Power to appeal against a decision of the Authority listed in section 567 of the Workers’ Compensation and Rehabilitation Act 2003.



Power, as a principal contractor for a construction project, to by written notice, ask the relevant contractor for a copy of a required document.

Section 576C Workers’ Compensation and Rehabilitation Act 2003


Power, as an employer, to agree with WorkCover on a calculation of an outstanding liability, based on a joint summary report prepared by actuaries under section 38 of the Workers’ Compensation and Rehabilitation Regulation 2003.

Section 39 Workers’ Compensation and Rehabilitation Regulation 2003


Power, as an employer of employees to appoint more than 1 rehabilitation and return to work coordinator for more than one workplace.

Section 99C(5) Workers’ Compensation and Rehabilitation Regulation 2003


Power to notify the regulator after becoming aware a notifiable incident has occurred

Section 38 Work Health and Safety Act 2011


Power to consult with workers who are, or are likely to be, directly affected by a matter relating to work health or


http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkersCompA03.pdf




http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkHSA11.pdf







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safety


Power to facilitate the conduct of an election for 1 or more health and safety representatives to represent workers

Sections 51 to 54 Work Health and Safety Act 2011


Power to make an application to the commission to disqualify a health and safety representative.



Power to refuse on reasonable grounds to grant access to the workplace to a person assisting a health and safety representative for a workgroup.

Section 71(5) Work Health and Safety Act 2011


Power to ask the regulator to appoint an inspector to decide the matter.



Power to establish a health and safety committee.

Sections 75 to 78 Work Health and Safety Act 2011


Power, as a party to an issue, to resolve the issue in accordance with an agreed procedure or the default procedure.

Section 80 and 81 Work Health and Safety Act 2011


Power to ask the regulator to appoint an inspector to assist in resolving the issue.



Power to direct the worker to carry out suitable alternative work at the same or another workplace.


CHIEF EXECUTIVE

Power to ask the regulator to appoint an inspector to attend

Section 89 Work Health and















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OFFICER the workplace to assist in resolving an issue arising from a cessation of work.

Safety Act 2011


Power to apply to the Commission to revoke a WHS entry permit.



Power to appeal a decision of the commission.



Power to ask the regulator to appoint an inspector to attend the workplace to assist in resolving the dispute.

Section 141 and 142 Work Health and Safety Act 2011


Power to apply to the regulator for the return of a seized thing.



Power to demand that the regulator allow the CEO to inspect a seized thing and if the seized thing is a document to make copies of it.



Power to claim compensation from the State.



Power to make a written undertaking (a WHS undertaking) in connection with a matter relating to a contravention or alleged contravention of the Work Health and Safety Act.



Power, as a person who has made a WHS undertaking, to at any time, with the agreement of the regulator, withdraw the undertaking or









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vary the undertaking.


Power, as an eligible person in relation to a reviewable decision to apply to the regulator for an internal review of the decision.



Power, as an eligible person to apply to the external review body for review of a reviewable decision made by the regulator or a decision made, or taken to have been made, on an internal review.

Section 229 to 229E Work Health and Safety Act 2011


Power to appeal a decision of the commission.

Section 229F Work Health and Safety Act 2011


Power to apply to the regulator for a licence to carry out demolition work.

Section 144B Work Health and Safety Regulation 2011


Power to make a submission to the regulator in relation to a proposed refusal

Section 144I Work Health and Safety Regulation 2011


Power, as a holder of a licence to carry out demolition work, to make a submission to the regulator in relation to a proposed amendment to a licence.

Section 144P Work Health and Safety Regulation 2011


Power, as a holder of a licence to carry out demolition work to apply to the regulator to amend the licence.

Section 144Q(1) Work Health and Safety Regulation 2011







http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkHSR11.pdf













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Power after receiving a written notice of intention to refuse an application to amend the licence from the regulator, to make a submission to the regulator in relation to the proposed refusal.

Section 144Q(2) Work Health and Safety Regulation 2011


Power to apply to the regulator for a replacement document.

Section 144U Work Health and Safety Regulation 2011


Power, as a holder of a licence to carry out demolition work to voluntarily surrender the licence document to the regulator.

Section 144V Work Health and Safety Regulation 2011


Power, as a holder of a licence to carry out demolition work to make a submission to the regulator in relation to the proposed suspension, cancellation and/or disqualification.

Section 144Y Work Health and Safety Regulation 2011


Power to apply in writing to the regulator for authorisation to use, handle or store a prohibited carcinogen or restricted carcinogen

Section 383 Work Health and Safety Regulation 2011


Power, as an eligible person in relation to a reviewable decision set out in section 676 of the Work Health and Safety Regulation, to apply to the regulator for an internal review of a decision.

Section 678(1) Work Health and Safety Regulation 2011

CHIEF EXECUTIVE

Power, as an eligible person in relation to a reviewable

Section 678(2) Work Health and


















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OFFICER decision under section 89(5), 118(5), 256(5), 269(5) or 497(5) of the Work Health and Safety Regulation to apply to the regulator for an internal review of the decision.

Safety Regulation 2011


Power, as an eligible person to apply to QCAT for an external review of reviewable decision made by the regulator or of a decision made, or taken to have been made, on an internal review.



Power to apply for an exemption from compliance with any provision of the Work Health and Safety Regulation.



Power to approve an application form for approval of a prescribed activity.

Section 8(1) Local Law No. 1 (Administration) 2011


Power to request than an applicant provide further reasonable information or clarification of information, documents or materials included in an application for approval of a prescribed activity.



Power to give an applicant for approval of a prescribed activity, written notice stating that the applicant’s application has lapsed and that the applicant may make a new application.

Section 8(5)(b) Local Law No. 1 (Administration) 2011










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Power to extend the period for the applicant to provide further information.



Power to grant approval for an applicant to undertake a prescribed activity in accordance with section 9(1).



Power to give written notice stating the decision on an application to undertake a prescribed activity.



Power to grant an approval for a prescribed activity on appropriate conditions.



Power to accept the certificate of a third party certifier as evidence of any application requirement.



Power to determine the term of an approval.

Section 13 Local Law No. 1 (Administration) 2011


Power to determine the further term of an approval.



Power to give notice that an approval is one of a class of approvals that the local government does not intend to renew or extend.



Power to approve the form of an application to renew or extend an approval.

Section 14(3) Local Law No. 1


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(Administration) 2011 CHIEF EXECUTIVE OFFICER

Power to request, by written notice, that an applicant provide further reasonable information, clarification of information, documents or materials included in an application, when considering an application for renewal or extension of an approval for a prescribed activity.



Power to give an applicant for renewal or extension of approval for a prescribed activity written notice stating the decision.



Power to give an applicant for renewal or extension of approval for a prescribed activity an information notice if the application is refused or the approval contains non-standard conditions.



Power to approve the form of an application for transfer of an approval.



Power to give a written notice, to an applicant for transfer of an approval of a prescribed activity, requesting the provision of further reasonable information clarification of information, documents or materials included in an application.


CHIEF Power to grant an application Section 15(6)


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EXECUTIVE OFFICER

to transfer an approval. Local Law No. 1 (Administration) 2011


Power to give notice of grant or refusal of an application to transfer an approval.



Power to amend existing conditions of an approval if an application for the transfer of the approval has been granted.



Power to give an information notice if an application for transfer of an approval is refused or granted but amended to include non-standard conditions.



Power to consider and decide whether to grant or refuse an application to amend the conditions of an approval at the request of an approval holder.



Power to give an approval holder written notice of amended conditions granted in accordance with section 16(3).



Power to give an approval holder an information notice where an application is refused under section 16(3).



Power to give a show cause notice to an approval holder in accordance with section 18(2), if there is a ground under



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section 17 to amend, suspend or cancel an approval.


Power to:- (a) decide that a ground no

longer exists to cancel, amend or suspend an approval; and

(b) give written notice to an approval holder of the decision that a ground no longer exists to cancel, amend or suspend the approval.



Power to:- (a) amend an approval if a

ground for amendment still exists after consideration of the applicant’s submissions; or

(b) suspend an approval if a ground for suspension still exists after consideration of the applicant’s submissions; or

(c) cancel an approval if a ground for cancellation still exists after consideration of the applicant’s submissions.



Power to give an approval holder an information notice if a decision is taken pursuant to section 18(4).


CHIEF EXECUTIVE

Power to immediately suspend Section 19(1)


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OFFICER an approval if the prescribed activity poses:- (a) an urgent and serious

threat to public health or safety; or

(b) an urgent and serious risk of environmental harm, property damage or loss of amenity.

Local Law No. 1 (Administration) 2011


Power to give notice to an approval holder of a decision under section 19(1).

Section 19(2)(a) Local Law No. 1 (Administration) 2011


Power to cancel a suspension under section 19(1).

Section 19(2)(c) Local Law No. 1 (Administration) 2011


Power to extend the time for making an application for review.



Power to review an original decision within 28 days after receiving a review application and make a decision to:- (a) confirm the original

decision; or (b) amend the original

decision; or (c) substitute another

decision for the original decision.



Power to give an applicant notice of a decision made in accordance with section 23(1).


CHIEF EXECUTIVE

Power to, by public notice, Section 33(1)


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OFFICER offer a reward for information leading to the conviction of a person for:- (a) an offence involving

damage to, or theft of, property of the local government or under the local government’s control; or

(b) an offence against a local law.

Local Law No. 1 (Administration) 2011


Power to give a direction about the immediate disposal of an impounded item that is perishable.

Section 37(3) Local Law No 1 (Administration) 2011


Power to consider, and deal with, an application by a person to reclaim an impounded item.

Section 37(4) Local Law No 1 (Administration) 2011


Power to dispose of an item seized or impounded for more than 1 month by sale through:-

(c) public auction or tender, following an advertisement published at least 14 days before the sale;

(d) an agent of the local government; or

(e) an enterprise owned by the local government.



Power to give a direction about the disposal of an item that has no commercial value or has a value that would not cover the costs of sale of the item.

Section 37(5)(a) Local Law No 1 (Administration) 2011


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Power to give a direction about the disposal of an item that has been offered for sale, but has not been sold within a reasonable period.

Section 37(5)(c) Local Law No 1 (Administration) 2011


Power to take reasonable steps to notify the public that animals are prohibited in a particular public place under section 10(1).

Section 10(3) Local Law No. 2 (Animal Management) 2011


Power to notify the public of the designation of an area as a dog off-leash area under section 11(1).



Power to recognise a body for the purposes of section 12(3)(d).

Section 12(3)(d) Local Law No. 2 (Animal Management) 2011


Power to give the responsible person for an animal an information notice about a declaration made pursuant to section 19(2).



Power to:- (a) offer an animal, to which

section 31 applies, for sale by public auction or tender; or

(b) sell the animal by private agreement, dispose of the animal without destroying it, or destroy the animal if it is mentioned in section 27(2)(b) and is of a species, breed or class



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specified by subordinate local law.


Power to exhibit a notice at the local government’s public office for at least 2 days before the sale, at a public auction, of an animal pursuant to section 32(1).



Power to dispose of an animal as may be considered appropriate, if the animal is not sold in accordance with section 32(1).



Power to consult with the chief executive about the desirability of a declaration under section 6(1).

Section 6(2) Local Law No. 3 (Community and Environmental Management) 2011


Power to publish notice of a declaration under section 6(1) in a newspaper circulating generally in Council’s local government area.



Power to publish notice of a declaration under section 7(2) in a newspaper circulating generally in Council’s local government area.



Power to authorise a person entering or remaining in a local government controlled area outside the opening hours for the local government controlled area.

Section 7(2) Local Law No 4 (Local Government Controlled Areas, Facilities and Roads) 2011


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Power to temporarily close a local government controlled area to public access under section 8(1).

Section 8(1) Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011


Power to place notice of closure of a local government controlled area under section 8.



Power to authorise a person to enter or remain in a local government controlled area while it is closed to public access under section 8.

Section 8(5) Local Law No 4 (Local Government Controlled Areas, Facilities and Roads) 2011


Power to form the opinion that section 9(1) applies, and give a compliance notice to an owner of land, requiring the owner to:- (a) fence the land if the land

is not currently fenced; or (b) repair or replace the

fence if the current fence on the land is in disrepair.



Power to signpost an area as an airside area.

Section 4(2) Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011


Power to designate a gateway or opening for public entry to,

Section 5(1) and schedule 1 item 2-1


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or exit from, a park or reserve. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011


Power to designate an area for the purpose of hanging out or spreading for drying, a fishing net or crab net or oyster growing frame.

Section 5(1) and schedule 1 item 2-19 Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011


Power to designate a place at a park or a reserve as a camping ground.

Section 5(2) and schedule 2 item 1 Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011


Power to specifically provide for or set apart a place within a park or reserve for the lighting of fires and impose conditions about the activity by signage at the place.



Power to specifically provide for or set apart a place within a park or reserve for beaching for repairs, painting or otherwise maintaining or leaving a boat or watercraft.



Power to specifically provide for or set apart a place within a park or reserve for flying an

Section 5(2) and schedule 2 item 7


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engine driven model aircraft. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011


Power to specifically provide for or set apart a place within a Council saleyard for the purpose of marking or branding stock.



Power to place signs, notices or markers on an aerodrome or aircraft landing area about the parking of aircraft.



The power to issue a parking permit.

Section 7(1) Local Law No. 5 (Parking) 2011


The power to issue a commercial vehicle identification label.

Section 8(1) Local Law No. 5 (Parking) 2011


Power to, from time to time, approve persons who may be issued with a parking permit under section 7(1) of Local Law No. 5 (Parking) 2011.

Section 7(e) Subordinate Local Law No. 5 (Parking) 2011


Power to erect and maintain reserve signs to regulate the use of a bathing reserve under the local law.

Section 5(1) Local Law No. 6 (Bathing Reserves) 2011


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Power to consult with interested life-saving clubs and assign to a life-saving club the responsibility for patrolling a bathing reserve or a particular part of a bathing reserve.



Power to assign responsibility for patrolling a bathing reserve to a life-saving club on conditions the local government considers appropriate.

Section 19(2)(a) Local Law No. 6 (Bathing Reserves) 2011


Power to give written approval to the enclosure of a part of a bathing reserve for the exclusive use of members of a life-saving patrol.

Section 20 Local Law No. 6 (Bathing Reserves) 2011


Power to appoint persons as authorised persons for the local law.



Power to issue an authorised person an identity card.


ATTACHMENT 4

Refer Item 11/1

Gympie Regional Council Draft Regional Waste Management Strategy 2013-2020

of the

ORDINARY MEETING


Regional Waste Management Strategy 2013 – 2020

May 2013


Contents 1 EXECUTIVE SUMMARY ............................................................................................................... 1

1 OVERVIEW ................................................................................................................................. 2

2 THE VISION ................................................................................................................................ 2

3 OBJECTIVE ................................................................................................................................. 2

3.1 STRATEGY OBJECTIVE .................................................................................................................................. 2 3.2 ASSOCIATED DOCUMENTS ........................................................................................................................... 3 3.3 STRATEGY FRAMEWORK .............................................................................................................................. 3

4 BACKGROUND ........................................................................................................................... 4

4.1 THE GYMPIE REGION .................................................................................................................................. 4 4.1.1 Regional Economic and Residential Growth Predictions ................................................................... 5

4.2 REGULATORY FRAMEWORK .......................................................................................................................... 5 4.2.1 National Waste Policy ....................................................................................................................... 6 4.2.2 Clean Energy Act 2011 ...................................................................................................................... 6 4.2.3 Australian Packaging Covenant ........................................................................................................ 6 4.2.4 Mandatory Renewable Energy Targets ............................................................................................ 6 4.2.5 Environmental Protection Act 1994 (QLD) ........................................................................................ 6 4.2.6 Waste Reduction and Recycling Act 2011 (QLD) ............................................................................... 7 4.2.7 Queensland Waste Reduction & Recycling Strategy 2010 - 2020 ..................................................... 8

4.3 POPULATION TRENDS AND WASTE GENERATION PROJECTIONS ............................................................................ 9 4.3.1 Population Projections ...................................................................................................................... 9 4.3.2 Current Waste Data .......................................................................................................................... 9

4.3.2.1 Sources of Waste ..................................................................................................................................... 9 4.3.3 Total Waste Projections .................................................................................................................. 10 4.3.4 Goals and Targets ........................................................................................................................... 10

5 STRATEGY DEVELOPMENT ....................................................................................................... 11

5.1 STRATEGY GOALS ..................................................................................................................................... 11 5.2 WASTE FACILITY NETWORK PLANNING ......................................................................................................... 11

5.2.1 Levels of Service .............................................................................................................................. 11 5.2.1.1 Customer travel time to waste and recycling facility ............................................................................. 11 5.2.1.2 Site Supervision ...................................................................................................................................... 11 5.2.1.3 Optimal Operating Days/Hours .............................................................................................................. 12 5.2.1.4 Type of Facilities and Services ................................................................................................................ 12

5.3 IDENTIFYING AND ASSESSING POTENTIAL RISKS AND ISSUES .............................................................................. 13

6 GYMPIE REGION WASTE MANAGEMENT STRATEGY ................................................................ 14

6.1 COLLECTION SERVICES ............................................................................................................................... 14 6.1.1 Domestic Waste .............................................................................................................................. 14

6.1.1.1 Type of Service ....................................................................................................................................... 14 6.1.1.2 Service Area ........................................................................................................................................... 14 6.1.1.3 Service Revenue ..................................................................................................................................... 14 6.1.1.4 Service Delivery ...................................................................................................................................... 15 6.1.1.5 Risks and Issues – Domestic Waste Collection ....................................................................................... 15 6.1.1.6 Strategy Goals – Domestic Waste Collection ......................................................................................... 16

6.1.2 Domestic Recycling ......................................................................................................................... 18 6.1.2.1 Type of Service ....................................................................................................................................... 18 6.1.2.2 Service Area ........................................................................................................................................... 18 6.1.2.3 Service Revenue ..................................................................................................................................... 18 6.1.2.4 Service Delivery ...................................................................................................................................... 18 6.1.2.5 Recyclable Materials Processing ............................................................................................................ 18 6.1.2.6 Risks and Issues – Domestic Recycling Collection .................................................................................. 18 6.1.2.7 Strategy Goals – Domestic Recycling Collection .................................................................................... 18

6.1.3 Services for Households Not Receiving a Wheeled Bin Service ....................................................... 19 6.1.3.1 Service Type ........................................................................................................................................... 19


6.1.3.2 Service Area ........................................................................................................................................... 19 6.1.3.3 Service Delivery ...................................................................................................................................... 19 6.1.3.4 Risks and Issues – Bulk Bin Sites ............................................................................................................. 21 6.1.3.5 Strategy Goals – Bulk Bin sites ............................................................................................................... 21

6.1.4 Commercial Waste and Recycling ................................................................................................... 23 6.1.4.1 Type of Service ....................................................................................................................................... 23 6.1.4.2 Service Area ........................................................................................................................................... 23 6.1.4.3 Service Revenue ..................................................................................................................................... 23 6.1.4.4 Service Delivery ...................................................................................................................................... 23 6.1.4.5 Risks and Issues – Commercial Waste Collection ................................................................................... 23 6.1.4.6 Strategy Goals – Commercial Waste Collection ..................................................................................... 24

6.1.5 Collection Services for Council Premises and Facilities. .................................................................. 25 6.1.5.1 Type of Service ....................................................................................................................................... 25 6.1.5.2 Service Area ........................................................................................................................................... 25 6.1.5.3 Service Delivery ...................................................................................................................................... 25 6.1.5.4 Risks and Issues – Collection Services for Council Premises/Facilities ................................................... 25 6.1.5.5 Strategy Goals – Collection Services for Council Premises/Facilities ..................................................... 25

6.1.6 Construction and Demolition Waste ............................................................................................... 26 6.2 WASTE TRANSFER AND RECYCLING FACILITIES ................................................................................................ 27

6.2.1 Risks and Issues – Transfer Stations ................................................................................................ 27 6.2.2 STRATEGY GOALS – TRANSFER STATIONS .................................................................................................. 28

6.3 LANDFILLS ............................................................................................................................................... 30 6.3.1 Risks and Issues – Landfill Sites ....................................................................................................... 32 6.3.2 Strategy Goals – Landfill Sites ......................................................................................................... 32

6.4 RESOURCE RECOVERY ............................................................................................................................... 34 6.4.1 Risks and Issues – Resource Recovery ............................................................................................. 35 6.4.2 Domestic & Commercial Recycling .................................................................................................. 35 6.4.3 Recycling Sites/Facilities ................................................................................................................. 35 6.4.4 Strategy Goals – Resource Recovery ............................................................................................... 36 6.4.5 Waste Minimisation and Education ................................................................................................ 37

7 STRATEGY IMPLEMENTATION ................................................................................................. 37

8 STRATEGY CONSULTATION ...................................................................................................... 37

ATTACHMENT “A” – RISKS & ISSUES MATRIX .................................................................................. 38

ATTACHMENT “B” – FACILITY CATCHMENTS & COLLECTION SERVICE AREAS ................................... 39

Strategy Goals STRATEGY GOAL 1 - CONSOLIDATE DOMESTIC COLLECTION CONTRACTS TO PROVIDE A SINGLE CONTRACT ...................... 16 STRATEGY GOAL 2 - DEFINE AND DECLARE WHEEL BIN COLLECTION AREAS. ............................................................. 16 STRATEGY GOAL 3 - PROVIDE SERVICES TO MAXIMISE THE COLLECTION OF RECYCLABLE MATERIALS. ............................. 18 STRATEGY GOAL 4 – PROVIDE DISPOSAL FACILITIES FOR RESIDENTS WITHOUT COLLECTION SERVICES. ........................... 21 STRATEGY GOAL 5 - DELIVER COMMERCIAL COLLECTION SERVICES IN CONJUNCTION WITH PRIVATE OPERATORS. ............ 24 STRATEGY GOAL 6 - GAIN EFFICIENCIES IN COLLECTION SERVICES FOR COUNCIL PREMISES AND FACILITIES. .................... 25 STRATEGY GOAL 7 - PROVIDE THE OPTIMAL NETWORK OF WASTE TRANSFER AND RECYCLING FACILITIES ........................ 28 STRATEGY GOAL 8 - RESPONSIBLE MANAGEMENT OF WASTE TRANSFER & RECYCLING FACILITIES ................................. 28 STRATEGY GOAL 9 - PROVIDE EFFICIENT FACILITIES FOR THE REGIONS SHORT & LONG TERM LANDFILL NEEDS ................. 32 STRATEGY GOAL 10 - PROVIDE AND/OR FACILITATE SITES WITH RECYCLING OPPORTUNITIES ....................................... 36 STRATEGY GOAL 11 - PROVIDE COMMUNITY WASTE EDUCATION .......................................................................... 37


1 EXECUTIVE SUMMARY This strategy will guide the way waste is managed and will provide a timetable for Gympie Regional Council (GRC) to prioritise how and when it addresses the issues associated with a growing community and a changing waste management landscape. It identifies the legislative and regional conditions that impact on waste management in the region, and assesses the existing practices.

Gympie Regional Council was formed following the amalgamation of the three separate council areas. It represents a growing region with the population expected to increase from 50,000 to over 67,000 in the next 20 years. This is one driver for reviewing and changing the current arrangements for managing waste as an increased population produces more waste. Other drivers for change include the types of services and infrastructure the community expects, the changes in contemporary waste management practices with ongoing moves to reduce waste disposal to landfill and to increase resource recovery and recycling, and the increasing legislative impacts on waste management activities.

The Regional Waste Management Strategy will be the overarching document to guide waste management planning for the region. It will be supported by detailed plans and review documents that are developed from time to time. In essence these additional documents form attachments to the strategy. Two such documents that have been commenced by GRC include a review of the organisation structure required to deliver the waste management functions for GRC, and a review of the pricing arrangements for waste management services.

GRC faces a number of critical issues that became obvious when developing the strategy goals. The strategy has developed a major focus on contractual and infrastructure issues as these are seen as critical in the short to medium term. A number of the initial activities relate to renewal of the waste and recycling collection contracts. These actions include reviewing the collection areas and service requirements so that the tender documents can be prepared and released to provide sufficient time for respondents and for contract assessment and award.

An assessment of the waste facilities in the region finds an over abundance of six operating landfill sites, all of which are nearing closure. Similarly there are eight bulk bin sites and one transfer station in the region making a total of fifteen operating sites for a population of 50,000 people. A majority of the sites are unsupervised during open hours and a number of facilities have limited infrastructure for resource recovery and recycling.

To a large extent the current services and the network of facilities were established by the respective pre-amalgamation Councils. The strategy recommends some changes to these arrangements and proposes reviews of various sites and activities. Following detailed assessments of the issues that were identified a series of recommended strategy goals and actions have been developed.

The Regional Waste Management Strategy has a vision for cost effective, efficient and customer focused services and facilities to manage the regions waste. Adopting the actions contained in the strategy will enable GRC to transition to a more sustainable position from which to manage future growth and also to pursue improvements and innovations in waste management.

Prior to adopting a strategy Council will release the draft Regional Waste Management Strategy to the community for public consultation. The draft strategy will be made available for a minimum period of 28 days. Following the community consultation period a report of the community input will be presented to Council for direction prior to drafting the final report. Following this consultation process the final Regional Waste Management Strategy will be presented to Council for resolution and adoption.


1 OVERVIEW Gympie Regional Council (GRC) has responsibility for managing a large portion of the wastes generated in the region. This strategy will guide the way waste is managed and will provide a timetable for GRC to prioritise how and when it addresses the issues associated with a growing community and a changing waste management landscape.

Managing waste today and in the future needs to consider and respond to a growing list of impacts that result from the ways we choose to manage discarded items. Community health and safety, economic conditions, environmental impacts, climate change, resource recovery and recycling are key areas of consideration. A number of these are influenced by legislated requirements which will be considered in the development of this strategy.

GRC does not have total responsibility for managing all waste. Principally Councils are required by legislation to have responsibility for collecting waste from households. The extent of Council’s involvement in other services including landfill, transfer stations, and commercial services is to a large degree influenced by private sector involvement in the various activities. For GRC as for most Councils the involvement extends into virtually all areas of waste management in the region. Therefore this strategy will attempt to address all solid wastes identifiable within the region.

2 THE VISION The Gympie Regional Council provides cost-effective, efficient and customer focused services to manage the region’s wastes by focusing its resources and efforts on:

• Collection of waste and recyclables from residents and businesses – Collection Services;

• Having Waste Transfer and Recycling Facilities that receive waste for: o transfer of waste for disposal; o separation and recovery of resources and recyclables; o consolidating and/or processing of resources on site.

• Having facilities for disposing of residual waste that cannot be recovered or recycled – Landfills;

• Facilitating and supporting Resource Recovery.

3 OBJECTIVE

3.1 STRATEGY OBJECTIVE This Regional Waste Management Strategy identifies the legislative and regional conditions that impact on waste management in the Gympie region, and assesses the existing practices. The objective is to provide short, medium and long term policy and planning objectives for GRC to implement. In general terms the intention is to provide strategy goals that provide:

Figure 1 - Strategy Goal Timeframes Timeframe Strategy Goal Detail

Short Term 2013 to 2014 Goals supported by recommended actions

Information to inform policy positions

Medium Term 2015 to 2016 Goals supported by recommended actions

Long Term 2017 and beyond Project options (future project opportunities)


3.2 ASSOCIATED DOCUMENTS The Regional Waste Management Strategy will be the overarching document to guide waste management planning for the region. It will be supported and informed by detailed plans and review documents that are developed from time to time. In essence these additional documents form attachments to the strategy.

As examples GRC has commissioned two assignments that will impact to some degree on delivering the strategy outcomes.

The first is a review of the organisational structure for GRC’s waste management functions. The successful delivery of the actions and outcomes contained in the strategy will to a large extent rely upon internal staff resources.

The second is a review of pricing arrangements for waste management services and functions provided by GRC. This work is critical to identifying possible funding sources to deliver the strategy outcomes.

3.3 STRATEGY FRAMEWORK The strategy is divided into logical waste management functions based on the areas that GRC will focus on as defined in the Strategy Vision. A description of the services involved with these functions is provided below.

Figure 2 - Strategy Framework

Waste Management Function Services Involved

Collection Services Domestic waste wheeled bins. Domestic waste bin sites Domestic recycling wheeled bins Commercial Waste Commercial Recycling Construction and Demolition Waste

Waste Transfer and Recycling Facilities Transfer Stations Sort and Processing Facilities (eg Dirty MRF1)

Residual Waste Disposal Facilities Landfill sites Resource Recovery Domestic Recycling

Commercial Recycling Waste Minimisation and Education

1 Dirty MRF (Materials Recovery Facility) is generally a site that accepts and processes Construction and Demolition materials including timber, concrete, steel, plastics. The materials may be processed on site for supply direct to markets or consolidated and moved off-site to a recycling facility.


4 BACKGROUND

4.1 THE GYMPIE REGION The Gympie local government area (LGA), or Gympie Region, covers an area of almost 7,000 km2 and is part of the Wide Bay-Burnett Region. The main centre for the Gympie Region is the City of Gympie, which is located on Queensland’s main north-south rail line and on the Bruce Highway, some 170 km north of Brisbane.

The Gympie Region has experienced significant growth in recent years, based largely on the following contributing factors:

• Gympie is uniquely located on key road, rail and air transport corridors. With a stable and skilled workforce, the Gympie Region provides businesses with a secure opportunity to grow and plan for the future.

• A sizeable business community with in excess of 4,500 businesses (including some major manufacturers) and with an estimated gross regional product of around $1.9 billion

• Industrial land available for business establishment and expansion in all areas of the Region and serviced by major existing transport infrastructure

• Major Local, State and Federal Government infrastructure projects underway in the Gympie Region, providing ongoing opportunities for regional businesses to tender to supply goods and services. The Gympie Region has excellent utility services, infrastructure and a strong business network, including active Chambers of Commerce.

• The progressive and supportive Gympie Regional Council, proactive business organisations, strong existing industry base, major infrastructure developments, a very pleasant sub-tropical climate and family-orientated communities.

As a result of topography and historical land use (particularly large tracts of forestry), the GRC area comprises four distinct sub regions:

• Gympie City, the main centre with regional health and community service, education, sport and recreation and higher order retail and commercial facilities. It also has a sizeable and well performing manufacturing base, and a population of around 19,300;

• Eastern/Coastal, the area to the east of Gympie City encompassing significant tracts of plantation forests, National Park and the communities of Cooloola Cove, Tin Can Bay and Rainbow Beach, as well as a number of smaller villages. Its major industries are Tourism and Commercial Fishing and its population is around 10,800;

• Mary Valley, the area to the south west surrounding the Mary River and also encompassing significant tracts of National Park, State Forests and some plantation forests. The main communities in the Mary Valley are Imbil and Kandanga, as well as a number of smaller villages. The main industries in the Mary Valley are Forestry and associated Timber Processing, Agriculture and Tourism, and its population is around 6,900;

• Goomeri-Kilkivan and surrounds (referred to as Goomeri/Kilkivan), that part of the region that extends from the west, north-west and north of the Gympie City border. It is the largest of the subregions in area and is primarily good quality agricultural land. Goomeri/Kilkivan supports a significant beef industry as well as some cropping and a range of smaller agribusiness pursuits. The main townships are Goomeri and Kilkivan with a number of smaller villages, and its population is around 11,200.


4.1.1 Regional Economic and Residential Growth Predictions

The GRC Economic Development Strategy outlines the Vision for the region as being:

The Gympie Region:

• SEQs gateway to the north and north west, and a region that people are proud to call home

• Sustaining diversity and capitalising on its natural assets to provide balance between lifestyle and widely recognised strength in industry, creativity and service provision.

Supported by:

• Gympie City and surrounds, a key regional centre providing higher order services and facilities, connecting the region and beyond and blending heritage, history and excellence in manufacturing.

• The Mary Valley, a naturally beautiful environment with a unique mix of agriculture, agribusiness, forestry, forestry value adding, and tourism supported by a network of villages each with their unique character and focus of interests.

• Eastern-Coastal sub-region, also a naturally beautiful and unique environment combining beach with fishing, access to national parks and world heritage areas, forestry and related value adding, and coastal residential communities. A hub for nature based and activity based tourism.

• Goomeri/Kilkivan, a centre for agriculture, agribusiness and equine industries, linking the region with the South Burnett wine area and the Surat Basin.

The goal is to place the Gympie Region within the top 5 locations for industry in the state and to grow its business and jobs base by

• creating a stronger business environment,

• encouraging innovation and entrepreneurship,

• encouraging new business formation,

• higher order service provision,

• expanding its market/trade area,

• increasing visitor expenditure within the region with new tourism opportunities and increased visitations,

• reducing expenditure leakage from the region, and

• growing the wealth of the regional population.

Household projections to the year 2031 indicate that the number of households in the Gympie Region will increase from 17,656 households in 2006 to 26,386 in 2031. This represents a total increase of 8,730 households, or an average annual increase of 1.6% over the period. Most of this additional population that goes with this growth in households is expected to reside in Gympie City and immediate surrounds.

4.2 REGULATORY FRAMEWORK Virtually all activities that occur when managing waste are influenced by a regulatory environment. Principally these frameworks are defined at the National and State levels and they include both policies and laws.


4.2.1 National Waste Policy

In November 2009 all Australian Environment ministers signed off a National Waste Policy (NWP). Its intent is to be a driver for change and future planning. A key principle of the NWP is the promotion of partnerships between various stakeholders, with each taking responsibility for their own waste minimisation. To date the NWP has focused on Extended Producer Responsibility (EPR) with self funded programs being initiated in 2012 for the collection and management of items including electronic waste (end-of-life televisions and computers) and possibly tyres at a future time. These are similar to existing funded programs for chemical container and used oil collections. For GRC the expansion into other types of waste may involve providing or assisting with the collection of items.

4.2.2 Clean Energy Act 2011

Under the Clean Energy Act a carbon price mechanism is levied on a designated large landfill facility which is defined as having emissions of 25,000 tonnes or more of carbon dioxide equivalent (CO2- e) in a single year. As a guide 1 tonne of waste placed in a landfill can over time result on 1 tonne of CO2- e. Complicated assessment and reporting arrangements apply therefore identifying whether a landfill is a designated facility can be difficult particularly for those sites operating around the threshold levels. This could be the case for GRC as the estimated waste to landfill volumes of approximately 40,000 tonnes are around threshold levels for the carbon pricing arrangements. The impacts on site costs and pricing arrangements will need to be assessed by GRC.

4.2.3 Australian Packaging Covenant

The Australian Packaging Covenant (APC) formerly known as the National Packaging Covenant (NPC) provides a mechanism for industries involved in consumer packaging supply chains to contribute to managing the impacts of packaging waste. Funds created by the covenant arrangements are applied to projects and previously this has included funding to local governments for packaging related projects including littering and collection/processing of recyclables. GRC should maintain a watching brief to identify any project funding opportunities available from the APC.

4.2.4 Mandatory Renewable Energy Targets

Australia has adopted targets for renewable energy generation with the arrangements being managed under several pieces of supporting legislation and regulations. In 2010 Mandatory Renewable Energy Targets (MRETS) were established which require 20% of Australia’s energy generation to come from green or renewable energy sources by 2020.

One area of interest in achieving the targets is Bioenergy which includes energy from waste. The types of technologies that convert waste to energy are generally more expensive than traditional landfill costs however those landfills that attract the carbon tax will become more costly particularly as the carbon certificate prices increase. The less expensive and somewhat simpler processes such as wood waste to energy are likely to be more attractive. GRC should maintain a watching brief on these targets and associated technologies.

4.2.5 Environmental Protection Act 1994 (QLD)

The Environmental Protection Act (1994) is the Queensland legislation that controls the general environmental impacts of managing waste. This act and subordinate legislations are aimed at protecting the environment while allowing for development to occur in a sustainable way. The design and operations of waste facilities particularly landfills are significantly controlled by requirements of this legislation.


4.2.6 Waste Reduction and Recycling Act 2011 (QLD)

In 2011 the Queensland Government introduced the Waste Reduction and Recycling Act with the aims being to:

• Promote waste avoidance and reduction, and resource recovery and efficiency actions;

• Reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste;

• Minimise the overall impact of waste generation and disposal;

• Ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery;

• Support and implement national frameworks, objectives and priorities for waste management and resource recovery.

This Act also strengthens the requirement for all parties including Local Governments to report waste and recycling data.

The Act provides:

• A waste disposal levy on all waste sent to landfill;

• A requirement for Queensland Government agencies and local governments to prepare waste reduction and recycling plans;

• Introduction of product stewardship arrangements for any waste products that are identified as a growing problem for landfill in the future;

• Strengthened litter and illegal dumping offences, including public reporting of vehicle-related littering offences.

Subsequent to the adoption of the Act a newly elected Queensland Government has amended the legislation including the removal of the waste disposal levy.

All local governments must adopt a Waste Reduction and Recycling Plan which must, where reasonably practicable, include the following:

• Waste reduction and recycling targets for:

o Waste generated by the local government in carrying out its activities;

o Waste generated by households in the local government’s area;

o Other waste generated in the local government’s area other than by the local government.

• Actions to be taken to improve waste reduction and recycling of:




• Details of current and proposed waste infrastructure;

• The management and monitoring of the local government’s performance under the plans;

• Information about achieving continuous improvement in waste management.


When preparing a Waste Reduction and Recycling Plan a local government is required to consider how it will contribute to achieving the targets and aspirations of the Queensland Waste Reduction and Recycling Strategy. The Act prescribes that local governments must adopt a Waste Reduction and Recycling Plan by 1st December 2012. However the Qld Government has signalled its intentions to review the current Qld Waste Reduction and Recycling Strategy and to adopt a new strategy by early 2014. The Qld Government has therefore proposed an extension of the due date for local governments to adopt Waste Reduction and Recycling Plan to 1st July 2014.

4.2.7 Queensland Waste Reduction & Recycling Strategy 2010 - 2020

The Queensland Waste Reduction and Recycling Strategy 2010-2020 was adopted prior to the introduction of the Waste Reduction and Recycling Act. It promotes the creation of a price signal (waste levy) however as noted above the Queensland Government has since effectively removed the levy impost.

Strategy targets have been identified for reducing waste to landfill, increasing recycling and reducing the generation of waste. The priority targets listed include:

• Reduce waste to landfill by 50% by 2020;

• Reduce landfill gas emissions by 50% by 2020;

• Increase the recovery and recycling of materials across target waste streams;

• Reduce the per capita generation of waste; and

• Reduce litter dumping and associated effects.

The Qld Government has signalled its intentions to review the current Qld Waste Reduction and Recycling Strategy and to adopt a new strategy by early 2014. Therefore the existing strategy targets and actions do not provide realistic guidance for local government waste management planning.


4.3 POPULATION TRENDS AND WASTE GENERATION PROJECTIONS

4.3.1 Population Projections

Using population growth figures provided by the Queensland Government - Population Information Forecasting Unit (PIFU), the number of residents within the GRC area is set to increase from approximately 49,287 persons in 2011 to 67,373 persons by 2031. The Medium series population growth projections contained in the Table below has been selected for the purposes of modelling.

Figure 3 – Gympie Region Population Projections

Year 2011 2016 2021 2026 2031

Low Series 49,036 51,901 54,992 58,269 61,636

Med Series 49,287 53,217 57,669 62,443 67,373

High Series 49,506 54,568 60,391 66,608 72,974

4.3.2 Current Waste Data

For the year July 2011 to June 2012 an estimated 1.04 tonne of waste was generated per person in the GRC area. This represents the total waste stream and includes waste that was disposed to landfill as well as materials that were recycled including such items as the contents of kerbside recycling bins and green wastes that were processed for reuse. In comparison to other available benchmark data this is a relatively low waste generation rate per person. It is common to have waste generation rates of 1.8 to 2.1 tonne per person.

A low waste generation rate is partly explained by GRC not having direct control of a large part of the Construction and Demolition (C&D) portion of the waste stream. It appears the majority of the heavy C&D waste items such as concrete go directly to a private facility. C&D waste can represent 1/3 of the total waste stream therefore not having all C&D data available can significantly reduce the waste generation rate.

Waste data are generally based on volumes represented as tonnage. For GRC the disposal sites, specifically landfills, do not have weighbridges to capture this data. Similarly most sites have not been operated to capture statistics on site usage. Therefore it should be noted that data represented in this document as waste tonnages are generally based on estimates using industry benchmarks and site assessments. This can invariably lead to some distortion of the data.

Developing a waste management strategy for GRC requires some understanding of the types of waste generated in the region and an assessment of the current arrangements to manage those wastes. Once the sources and volumes of waste are known then the appropriate assessments can be made and well informed conclusions and plans can be formulated.

4.3.2.1 SOURCES OF WASTE For GRC as with many areas of Queensland, the lack of good waste data is a fact. The Queensland Governments legislation requires Councils to plan for and report on all waste within their respective area where practicable. This recognises that other factors such as private commercial operators will limit the controls and planning that councils can exercise over all wastes. It is reasonable to expect that some waste collection and/or disposal may result in waste being transported outside the Gympie region. Therefore this strategy can only focus on known waste sources and the estimated volumes of those wastes that are currently managed.

The information below provides an estimate of the waste managed for each waste source in 2011/2012.


Figure 4 - Estimated Waste Tonnages 2011/12

Tonnage % of Total Waste

Municipal Waste Kerbside wheeled bins

21638 42%

Self Haul (Waste delivered by resident to disposal facility)

4648 9%

Construction & Demolition 1023 2%

Commercial & Industrial 7528 15%

Total Waste to landfill 34837 68%Municipal Kerbside Recycling wheeled bins 3168 6%

General Recycling 2255 4%Green Waste 11080 22%

Total Recycled 16503 32%51340 100%

Waste to Landfill

Recycling

Type

TOTAL

Note: Tonnage are based on GRC estimates for 2011/2012

4.3.3 Total Waste Projections

Combining the population projections with the current total waste data provides a future view of the amount of waste that would be expected to be generated in the GRC area. These projections do not take account of any waste reduction or diversion that may occur. They are meant to indicate the quantum of waste that will require managing at various time intervals.

Figure 5 - Projected Total Waste (Tonnes)

Year 2011 2016 2021 2026 2031

Total Waste 51,340 55,434 60,071 65,044 70,180

Waste Reduction and Recycling Waste reduction targets set nationally and continuously promoted to reduce the amount of waste to landfill have not seen a significant reduction in waste tonnages. Locally this is not caused through the endeavours of Council to reduce waste to landfill through recycling and reuse but is recognised as a function of lifestyle and consumption patterns.

There needs to be an increased effort to ensure that Council faces the added challenge of managing these increased wastes not only from consumption but from the increases in domestic and industry growth and associated issues.

4.3.4 Goals and Targets

Setting future waste reduction and recycling targets for the various waste streams including municipal, commercial/industrial and construction/demolition wastes will require a degree of confidence in the accuracy of the detailed baseline data. Without this the targets will be unrealistic. The existing data related to the tonnages and composition of the various waste streams has been developed using industry comparisons and site assessments. This level of accuracy is not conducive with sound target setting. GRC will need to establish consistent processes to capture and audit the accuracy of waste data before developing the required targets.


5 STRATEGY DEVELOPMENT

5.1 STRATEGY GOALS Waste management strategy goals must be developed and implemented if GRC is to continue to move forward with waste management planning and provide facilities and services for commercial and residential customers into the future.

Strategy goals are developed by examining the existing waste management arrangements for the region, considering GRC’s objectives for waste reduction and recycling, and then designing the goals that will move the region to a preferred future position in terms of managing the regions waste.

5.2 WASTE FACILITY NETWORK PLANNING Waste facilities represent a key part of the waste management system. The facilities are supported by collection services provided by Council and private operators. The type, number and location of facilities will impact on the overall waste management cost and levels of service.

5.2.1 Levels of Service

The reason for defining a level of service is to balance the needs of domestic and commercial customers with economic and environmentally sustainable service delivery requirements. Defining the level of service generally involves consideration of such issues as:

• Customer travel time to facilities

• Site supervision

• Facility opening hours

• Types of facilities and services required

5.2.1.1 CUSTOMER TRAVEL TIME TO WASTE AND RECYCLING FACILITY Customers will create a perception of the level of service provided based on the time taken to reach a facility. This level of service will define what the community can expect from Council and will also assist in identifying the appropriate number and location of facilities. Generally accepted industry best practice levels of service are:

• 80 per cent of the population within a 20 minute travel time to a facility; or

• 95 per cent of the population within a 30 minute travel time to a facility.

Customer travel times are identified by the compilation of existing waste management facility location data on each facility. To gain a view of the GRC area the facility data have been entered into a geographical information system (GIS) to produce views showing the location of waste infrastructure and their relationship to other features such as population centres and non populated areas (eg national parks).

Attachment B shows the waste facility locations for GRC. Boundaries have been shown around each facility to provide an indicative catchment area of customers for each site. These sites will require assessment as part of the waste management strategy development.

5.2.1.2 SITE SUPERVISION Waste management facilities by nature can expose people to health and safety risks. Similarly inappropriate placement of wastes can create risks and can render recycling materials unrecyclable. Appropriate supervision of site activities is necessary to reduce risks and to ensure proper disposal practices occur. At least one staff member must be present while the facility is open to the public.


5.2.1.3 OPTIMAL OPERATING DAYS/HOURS Historically waste facilities have generally over-serviced communities with many examples of facilities being available 24 hrs, 7 days a week. Given the requirement to supervise waste facilities Council must consider the operating costs and balance these with the customers perceived service levels. The desired result is to provide opening days and hours applicable to the usage the facility receives.

A generally accepted industry benchmark is applicable for smaller sites defined as facilities with predominately residential clients which receive less than 5,000 visitors per year. It is normal for these sites to open for approximately 12 hours per week with the norm being to open for a half day on the weekend days and another half day during the week. Larger sites with higher usage are assessed on an individual basis.

5.2.1.4 TYPE OF FACILITIES AND SERVICES

5.2.1.4.1 Transfer Stations Waste transfer facilities operate to:

• consolidate smaller loads into larger more efficient loads for transfer off-site;

• provide safe and more environmentally acceptable customer interface;

• provide facilities for the collection of reusable and recyclable items;

• provide a permanent waste disposal site.

Transfer stations are long term waste management assets located within a site user catchment area. Unlike landfills the site location should not need to change and they do not generally have a defined end of life for the site. Therefore the site should have sufficient footprint and be designed to allow it to change over time should the community grow or waste management practices change.

Major transfer stations are considered to be those facilities that will accept large volume waste from large vehicles such as waste collection compactor trucks. Generally this includes the transaction of large commercial vehicles on a price per tonne basis and weighbridge installation is common at these sites. Major transfer stations also generally accept waste and recyclables from domestic and smaller commercial customers. Design usually incorporates machinery to push/load waste into large transfer vehicles.

Minor transfer stations are facilities that only accept smaller domestic and commercial vehicles, generally vehicles up to 4.5 tonne gross vehicle mass (GVM). Two types of facility designs allow either for waste to be deposited by the customer directly into a large (RORO) bin or onto a sort floor for sorting prior to loading and transfer. Given the focus of waste management is moving strongly towards waste reduction and recycling the sort floor facility is preferable as it provides an option to remove items from the waste stream without relying on the customer to correctly remove and place items. A small machine (eg loader) is used to enable the sorting of waste, site maintenance, stockpile management, and to compact waste to ensure adequate load weight is achieved to minimise transport costs. Providing weighbridges at minor transfer stations is dependent on pricing arrangements and should consider site traffic volume. Where a low volume of payment transactions occurs the capital outlay exceeds the return and these sites are better calculated as a price per m3 with transaction data being captured on a hand held device. Weights for waste removed from minor transfer stations will be captured at the landfill weighbridge.

5.2.1.4.2 Landfill When reviewing Council’s current waste management assets, landfills are strategic assets which have defined lives based on approved closure plans. Council has some control over the life of the


asset by varying the closure profile but there are limits and accepted norms that control these decisions. GRC can also influence the defined life through its actions to increase recycling and reduce waste going to landfill. Landfill sites operate under an environmental authority (licence) which includes operational requirements and nominates a cap on the volumes of waste that can be disposed of annually. A landfill is generally a difficult facility to locate due to strict environmental and planning requirements and generally has low community acceptance of this type of facility. This places importance on maximising the opportunities available from existing landfill assets. Landfill site selection, acquisition, planning, development and approval processes will generally take at least 7 to 10 years. Therefore any moves to identify a new site will require a long lead time prior to the site being established.

Poorly located or operated landfills can be a liability due to significant site management and compliance costs. Closed landfills can also represent a financial liability where closure requirements are not planned and where costs and ongoing monitoring have not been considered and funded.

A common misconception in the community is that new technologies will remove the need for landfill. There are no examples of processing technologies which remove the need for a landfill all together.

5.2.1.4.3 Resource Recovery Residential and commercial customers self-transporting waste typically need recycling facilities for green waste, timber, steel, cardboard, reusable items, oil, batteries and other household hazardous waste. Commercial customers generally have larger volumes of green waste, timber, steel, cardboard and concrete along with some plastics. Federal legislation is facilitating the increased collection and reprocessing of some wastes. This has occurred previously to facilitate programs such as used oil recycling which GRC has adopted at most of its waste management facilities. Impending changes will see eWaste (electronic items such as computers and TV’s) being addressed by similar programs. GRC will need to remain informed of these programs and assess site changes that may be required to facilitate collection of such items. Mature markets exist for many recyclable items such as steel, plastic, cardboard and paper. These commodities are generally valued and traded in a global market which can be affected by economic conditions however these markets remain reasonably constant. Such recyclable items can be simple to segregate and manage at collection locations providing the site activities are properly supervised. In addition to traditional waste management facilities such as landfills and transfer stations other more specialised waste sorting and processing facilities are used to separate and process items. Examples include Material Recovery Facilities (MRF’s) where kerbside collected recyclables are sorted and consolidated for sending to markets, organic and green waste facilities such as composting sites, and construction and demolition waste sorting facilities where items including concrete, timber and steel are separated and processed or consolidated for sending to markets. These facilities can be co-located with the more traditional landfill and transfer station sites.

5.3 IDENTIFYING AND ASSESSING POTENTIAL RISKS AND ISSUES GRC has a number of critical issues that have been highlighted when developing the strategy goals. A risk and issues matrix has been used to assist in identifying the risks and issues and to prioritise the actions required to address each item. The matrix is included as Attachment A.

The matrix provides a score (1 – 3) in relation to the level of the risk/issue based on the consequences of an outcome existing or occurring. A score of 1 – 3 is also assigned to the likelihood/probability of the risk/issue occurring. These 2 score are combined in a matrix to provide an overall score for the risk/issue. The overall score provides some indication of the urgency of actions required to address the risk/issue.


6 GYMPIE REGION WASTE MANAGEMENT STRATEGY

6.1 COLLECTION SERVICES A range of collection services are provided throughout the region. GRC manages the collection of domestic waste from local residents. In addition Council provides commercial waste collection services for local businesses. Private commercial operators also offer services to commercial businesses as well as construction and demolition waste services.

The service with the highest profile is the waste collection service provided via wheeled bins. This service is the public face of waste management operations. A weekly wheeled bin service is provided to the majority of premises in major urban areas. A number of outlying and low-population rural areas are also provided with services depending on their proximity to townships and proximity to current collection vehicle routes.

Providing a wheeled bin collection service is the best waste service that Council can provide to residents. Putrescible waste is collected in a timely and hygienic manner and transported directly to an authorised disposal location. This represents the best value for money service that Council can provide.

6.1.1 Domestic Waste

6.1.1.1 TYPE OF SERVICE Residential properties in serviced areas are provided with a 240ltr wheeled bin for weekly collection of domestic waste.

Residents in Rainbow Beach receive an additional weekly wheeled bin collection service during school holiday periods.

6.1.1.2 SERVICE AREA A mix of collection areas exist in the region. The existing wheeled bin collection areas are shown on the map included as Attachment B.

Over time the service areas have been adapted to cater for changes and growth. A number of these changes in particular in rural areas have not been recognised in the declared collection areas. This will need to be addressed prior to calling tenders for new collection services.

6.1.1.3 SERVICE REVENUE Services are charged to properties within the respective service areas. A variable pricing structure exists based on services delivered and regional location.

Figure 6 - Domestic Waste Collection Service Revenue Description Location Charge Comments

Cleansing Charges (Household waste collection)

Former Cooloola Council area (excluding Rainbow Beach) $271.30 Per service per annum

Rainbow Beach $337.96 Per service per annum

Former Kilkivan Council area $185.95 Per service per annum

Former Tiaro Council area $185.95 Per service per annum


6.1.1.4 SERVICE DELIVERY The domestic wheeled bin collections are performed under 3 separate contract arrangements. To identify the existing contract arrangements the former Council names are used to easily identify the areas.

Figure 7- Existing Domestic Waste Wheeled Bin Collection Contracts Area Bin Type Contract Expiry

Former Kilkivan Shire Council 240 L Wheeled Bin 1st September 2013

Former Cooloola Shire Council 240 L Wheeled Bin 30th June 2014

Former Division 3 Tiaro Shire Council 240 L Wheeled Bin 30th June 2014

6.1.1.5 RISKS AND ISSUES – DOMESTIC WASTE COLLECTION The following issues have been identified for the domestic waste collection service.

Figure 8 - Risks and Issues - Domestic Waste Collection

Issue Consequence Cons

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Control Options

Multiple contracts with differing end dates

Operational inefficiencies with high level cost impacts. 1 1 1

This issue has been addressed by Council negotiating extension of the ex Kilkivan Shire collection contract to end on 30th June 2014.

Insufficient time allowed to prepare & release collection services tender.

Late awarding of contract does not leave sufficient time for contractor to mobilize. Possibly additional short term service costs.

1 2 1 Commence preparation of new collection services tender documents

Service areas not defined or declared.

Services delivered by the contractor dont align with defined service areas

2 2 2 Investigate and define service areas.

Inefficient design of collection service areas. Eg do not service all properties on travel routes.

Operational inefficiencies. Reduced service levels to customers.

2 2 2 Investigate options to extend service areas

Unable to provide suitable access for collection vehicles

Possible structural failure and/or damage (ie road network). Significant long term disruptions to services and operations.

1 1 1 Assess road networks to determine accessible locations.


6.1.1.6 STRATEGY GOALS – DOMESTIC WASTE COLLECTION

Strategy Goal 1 - Consolidate domestic collection contracts to provide a single contract

Description Gain operational efficiency and cost savings by consolidating all collection services into one consolidated contract.

Waste collection contracts exist in a competitive market and Council will benefit from amalgamating all services into one contract to increase service volume and therefore attract favourable prices. The existing contract end dates have been aligned by extending the ex-Kilkivan Shire contract arrangements to 30th June 2014 expiry date. The preferred lead time from calling of tenders to commencement of a new integrated collection contract for the size of the GRC contract is 18 months. This provides 6 months for tenders to be properly considered and submitted by collection contractors, 3 months for tender assessments and contract award, and a subsequent 9 months post tender award for truck delivery and mobilisation. For a new consolidated collection contract to be fully operational by mid-2014 tenders would need to be called by 1st January 2013. This date is not achievable for GRC. Any delay in releasing the tender documents will reduce the time for contractor’s to research and prepare tender submissions and will reduce the gearing up time for a contractor to be ready to provide a seamless introduction of a new collection contract.

Recommended Actions Timeframe Dependencies Resources Required

1.1 Negotiate Extension to ex-Kilkivan Shire contract Completed Internal GRC staff

1.2 Prepare new collection contract tender Advertise tender

Short term Kilkivan contract extension. Declare service areas.

Internal GRC staff/consultants. Legal services.

1.3 Assess tenders and award contract Short term Tender advertised Tenders assessed Contract awarded

Internal GRC staff/consultants Legal services. Financial services.

1.4 Contract commencement Short term Tender assessment and contract award

Internal GRC staff Contractor

Measures and Targets

All GRC waste collection services are operated under one consolidated collection contract by July 2014.

Strategy Goal 2 - Define and declare wheel bin collection areas.

Description

Review, define and confirm existing collection areas. Extend collection areas to maximise service availability and service delivery efficiency. Where direct access to individual properties is not possible, GRC will provide alternate collection arrangements enabling convenient collection of wheeled bin waste.

Queensland environmental legislation provides for councils to declare waste collection areas. Declared collection areas are also a necessity for defining waste collection services for contract arrangements. The Gympie region has experienced growth since the last waste collection contracts were commenced. In some instances services occur where the area has not been incorporated into the declared collection areas. The declared collection areas will need to be reviewed to include all existing collection services. This review should consider extending the services to all areas where collection vehicles can gain access. The review should also include extending the declared collection areas to include all premises that can be serviced along collection vehicle transport routes between the declared collection areas. The existing defined waste collection areas exclude a number of properties in areas where the collection vehicle does not or cannot gain access. A review of the waste collection areas should include identification of suitable wheeled bin cluster locations. A wheeled bin cluster site consists of a number of bins (eg 8 waste and 8 recycling wheeled bins) with the bins being contained within a defined fenced area. The site is not fully enclosed allowing resident’s easy access. An example of a cluster site is the existing Manumbar bulk bin site, but with wheeled bins instead of bulk bins. Residents will then be able to deliver their small domestic waste items including putrescible wastes to the nominated bin locations for collection. Providing wheeled bins for this service is preferred to bulk bins as the same collection vehicle that provides the wheeled bin service can service the wheeled bin cluster sites when in the area.



2.1 Review and declare collections areas Short term Staff member to drive

and review all areas. Engineering Dept input to determining accessible roads.

2.2 Determine wheeled bin cluster sites Short term

2.3 Establish wheeled bin cluster sites Short term In conjunction with new collection contract

Internal GRC staff Engineering Dept


95% of assessable properties receive a wheeled bin collection service or have access to a local wheeled bin cluster site.


6.1.2 Domestic Recycling

6.1.2.1 TYPE OF SERVICE Residents in serviced areas are provided with a 240ltr wheeled bin collected fortnightly.

6.1.2.2 SERVICE AREA The service is provided to residential properties in the former Cooloola Shire area. Other areas receiving a wheeled bin waste service do not receive a fortnightly recycling service.

6.1.2.3 SERVICE REVENUE Pricing for recycling services are included in the domestic waste collection cleansing charges.

6.1.2.4 SERVICE DELIVERY The recycling collection services are provided under the existing ex-Cooloola Shire area waste collection contract.

6.1.2.5 RECYCLABLE MATERIALS PROCESSING The acceptance, sorting and processing of recyclable materials from kerbside collections is managed under the existing ex-Cooloola Shire area waste collection contract.

6.1.2.6 RISKS AND ISSUES – DOMESTIC RECYCLING COLLECTION The following issues have been identified for the domestic recycling collection service.

Figure 9 - Risks and Issues - Domestic Recycling Collection


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Control Options Inconsistency and inequity in the provision of kerbside recycling. Services only provided to former Cooloola Shire Council area.

Residents not provided an opportunity to seperate materials for recycling meaning inequity in service levels and increased waste to landfill.

2 1 1 Extend the recycling wheeled bin service area to include all properties in the declared waste service area.

Limited opportunity to expand recycling services.

If expanded service area is not included in new contract, next opportunity will be in 10 years at expiry of new contract

1 2 1

6.1.2.7 STRATEGY GOALS – DOMESTIC RECYCLING COLLECTION

Strategy Goal 3 - Provide services to maximise the collection of recyclable materials.

Description Provide residents with wheeled recycling bins.

The current domestic recycling service only includes the former Cooloola Shire Council area. At the Community and Economic Development Committee Meeting held on 10 March 2010, GRC resolved to adopt a recommendation “to include 240 litre recycling as part of tender documents for the 2013/14 cleansing contract for the current refuse collection areas in the former Kilkivan Shire Council and Division 3 Tiaro Shire Council which now forms part of the Gympie Regional Council area” (minute reference CS14/03/10). Therefore the recycling collection area needs to be reviewed in conjunction with the preparation of the new collection contract to extend the recycling collection area.


3.1 Include extended recycling area in new collection contract. Short term Staff preparing new

collection tender


100% of customers receiving a bin collection service have access to recycling collection services by July 2014.


6.1.3 Services for Households Not Receiving a Wheeled Bin Service

6.1.3.1 SERVICE TYPE GRC provides a network of 3m3 Bulk Bin sites which are primarily to provide a disposal option for households who do not receive a wheeled bin collection service.

The bin sites are not intended to be a substitute for a transfer station or landfill as the bins are provided to accept small volumes of household waste.

6.1.3.2 SERVICE AREA Each of these bin sites would cater for the household waste from the properties within the catchment area for the respective bin site. To determine the catchment areas a map is included as Attachment “C”. This map shows all current GRC facilities including bin sites that would be accessible by households and provides an indicative catchment boundary for each site.

Service Revenue Properties that are occupied and do not receive a wheeled bin collection service are charged a Utility Charge. This represents a contribution toward the facilities that are provided as an alternative disposal option to the wheeled bin service.

Figure 10 - Properties not receiving wheeled bin collection - service revenue

Charge Comments

Waste Management Util ity Charge

General rate category that are occupied and do not receive bin service $230.00 Per annum

Waste Management Util ity Charge - Western

General rate category that are occupied and do not receive bin service $60.00 Per annum

Description

6.1.3.3 SERVICE DELIVERY GRC provides eight bulk bin sites for residents. By using the suggested catchment areas shown on Attachment B, it is possible to estimate the number of households who may access the various sites.

Figure 11 - Household Wheeled Bin Waste – 3 m3 Bulk Bin Sites

Waste Green Waste

Other Recycling

TOTAL TONNES Total Cost Cost per tonne

Assesed Properties in site

capture area

Cost per assessed property

Woolooga 70 0 0 70 $14,175 $202.00 248 $57

Amamoor 421 0 0 421 $78,182 $186.00 864 $90

Traveston 351 489 81 921 $90,941 $99.00 523 $174

Southside 421 980 220 1621 $181,907 $113.00 4058 $45

Tansey 70 184 20 274 $39,048 $143.00 229 $171

Sexton 140 368 20 528 $68,637 $130.00 833 $82

Widgee 140 368 58 566 $80,290 $142.00 584 $137

Manumbar 18 0 0 18 $3,544 $202.00 77 $46

1,632 2,389 399 4,420 $556,724 $125.95 7,416 $75

Facility

Tonnes Site Catchment Area

Bin Site Total

Costs

Note: Tonnage are based on estimates for 2011/2012 Cost estimates are based on GRC adopted 2012/13 budget

Costs are understated as green waste collected on sites excluding Southside is incinerated.


Woolooga Bin Site Amamoor Bin Site

Traveston Bin Site Southside Bin Site

Tansey Bin Site Sexton Bin Site

Widgee Bin Site Manumbar Bin Site


6.1.3.4 RISKS AND ISSUES – BULK BIN SITES The following issues have been identified for the domestic bulk bin sites.

Figure 12 - Risks and Issues - Bulk Bin Sites


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Control Options

Site activities generally unsupervised.

Potential exposure to high level personal harm (death, permanent disability).

1 3 2 Review waste facilities locations and activities and provide for all publicly accessible sites to be supervised during all open hours.

Potential illegal/unsafe waste disposal activities 1 1 1

Poor data collection for reporting and future planning. 2 1 1

Limited if any opportunity for waste reduction and recycling at some sites

Reusable items and recyclables being disposed to landfill. 2 1 1

Establish standardised recycling infrastructure at all sites in conjunction with site supervision.

Inefficient network of publically accessible sites

Significant ongoing operational inefficiencieswith high level cost impacts.

1 1 1 Review waste facilities locations and activities and rationalise number and types of sites.

Bins used for putrescibles waste disposal must have fitted lids closed at all times to seal the contents from vermin and pests. (eg bulk bins at some existing sites have no lids)

Potential non compliance with Qld environmental legislation. Potential health risks from exposure of putrescible waste to vermin and pest

1 1 1 Provide 240 ltr wheeled bins at selected sites for depositing of household putrescibles waste.

Sites being used as bulky item transfer stations

Potential unsafe waste disposal activities Significant ongoing operational cost impacts from regular site cleanups.

2 1 1 Convert selected bulk bin sites to minor transfer stations.

6.1.3.5 STRATEGY GOALS – BULK BIN SITES

Strategy Goal 4 – Provide disposal facilities for residents without collection services.

Description Review the network of Council 3 cubic metre bulk bin sites in conjunction with the expansion of the wheeled bin collection area, and reviews of transfer station and landfill sites.

GRC currently provides eight 3m3 Bulk Bin sites for residents to dispose of wheeled bin waste. As a substitute for a collection service the bin sites are seen as part of the waste service offered to households. Where no wheeled bin collection is provided residents are likely to need to visit one of these sites regularly (eg weekly) to dispose of household waste that would normally go into a wheeled bin. The bin sites are not intended to be a substitute for a transfer station or landfill as the bins are provided to accept small volumes of household waste.

Woolooga – is located 20km (20min) from Kilkivan landfill. The suggested extension of the waste collection service area will include part of the capture area for this site. The requirements for waste disposal for residents will be considered in the review of transfer stations. This site is not located on a former landfill therefore there are no specific closure requirements. Amamoor – is located within the wheeled bin collection area and is located 12km (15min) from Mary Valley Transfer Station. This site is meant to serve the outer areas. The waste disposal requirements of the residents in the outer areas can be assessed as part of the review of the collection service areas and the consideration of bin cluster sites. This site is located on a former landfill and final closure works have been completed.


Traveston - Traveston bin site is 22km from the Mary Valley transfer station. Traveston is located in close proximity to an adjoining Council area and would be an attractive disposal option for those residents who are faced with high disposal charges in their own Council area. Given the infrastructure investment at the Mary Valley Transfer Station, the close proximity of Traveston to the Mary Valley Transfer Station and the operational costs to continue operating the site, the waste disposal requirements of residents will be considered in the review of transfer stations. The site is a former landfill that has had final closure works completed therefore closure costs will be minimal. Southside - 60% of the waste received at the Southside bin site is Green waste. Residents have alternative disposal options at Bonnick Rd or Widgee. Travel distance from Southside to Bonnick Rd is 8km. The requirements for waste disposal for residents will be considered in the review of transfer stations. The site may offer some strategic opportunity to GRC for other purposes such as a greenwaste or C&D waste processing area. This should be further explored. Tansey – is located 27km (30min) from Kilkivan landfill and 17km (15 mins) from Goomeri landfill. While not centrally located in the far western area, Tansey is located on a major access route. The requirements for waste disposal for residents will be considered in the review of transfer stations. The site is a former landfill and requires closure works to be performed. These works would be required regardless of the future use of the site. Sexton – is located 25km (30min) from the Bonnick Rd facility. The suggested extension of the waste collection service area will include part of the capture area for this site. The requirements for waste disposal for residents will be considered in the review of transfer stations. The site is a former landfill and requires closure works to be performed. These works would be required regardless of the future use of the site. Widgee – is located 30km (30min) from both Bonnick Rd and Kilkivan facilities. The requirements for waste disposal for residents will be considered in the review of transfer stations. Manumbar – Bulk bins sites offer a variety of risks to GRC and site users. This site is suitable for conversion to a wheeled bin cluster site so that the standard wheeled bin truck can provide the service.


4.1

Prepare a report for council consideration reviewing the network of existing 3 m3 Bulk Bin sites to address :

• Risks • Level of Service • Value for money • Community need

Short to medium term

In conjunction with expansion of collection areas and review of other publically assessable sites including the transfer station and landfill network.

Internal GRC staff Community engagement


Provision of a sustainable waste disposal solution to households where no collection service is available.


6.1.4 Commercial Waste and Recycling

6.1.4.1 TYPE OF SERVICE GRC offers 240 ltr wheeled bin, bulk bin and stationary compactor services to commercial customers.

Private waste companies also offer comparable services to commercial customers.

6.1.4.2 SERVICE AREA The GRC service is provided to commercial customers located within existing domestic collection areas. Wheeled bin recycling services are provided in the former Cooloola Shire area.

6.1.4.3 SERVICE REVENUE All commercial properties within declared collection areas are charged a minimum of one wheeled bin collection service. Additional 240 ltr wheeled bin services are available to commercial customers. Variable pricing is based on regional locations.

Figure 13 - Commercial Waste Collection - Service Pricing Description Location Charge Comments

Cleansing Charges (Commercial waste collection)

Former Cooloola Council area (excluding Rainbow Beach) $457.20 Per service per annum

Rainbow Beach $8.82 Per service

Former Kilkivan Council area $185.95 Per service per annum Former Tiaro Council area $185.95 Per service per annum

Bulk bin and stationary compactor services are elective by the individual business.

6.1.4.4 SERVICE DELIVERY The GRC commercial wheeled bin waste and recycling collection services are provided under the existing waste collection contracts. Bulk bin services are also provided under the existing contract arrangements. The larger stationary compactor services are provided under separate arrangements.

6.1.4.5 RISKS AND ISSUES – COMMERCIAL WASTE COLLECTION The following issues have been identified for the commercial waste collection service.

Figure 14 - Risks and Issues - Commercial Waste Collection


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Control Options Combining waste and recycling services as a single rated charge without opt out provisions.

Possible breach of competition legislation – restrictive trade practices.

2 2 2

Separate commercial waste and recycling service charges and allow opt out arrangements for recycling services.

Benefits of GRC competing in the commercial bulk bin and stationary compactor marketplace.

Operational inefficiencies with medium to low level cost impacts.

2 2 2 Council has assessed the impacts of withdrawing from commercial bulk bin and stationary compactor services and has concluded to continue providing commercial bulk bin services but to withdraw from stationary compactor services.

Future involvement must be decided prior to establishing the new collection contract.

Tender documents cannot be finalised until the issue of GRC involvement in commercial waste collections is decided.

1 2 1


6.1.4.6 STRATEGY GOALS – COMMERCIAL WASTE COLLECTION

Strategy Goal 5 - Deliver commercial collection services.

Description Define the commercial collection services GRC will provide.

At the Ordinary Meeting of Gympie Regional Council held on 13th February 2013, Council resolved to adopt the following recommendations: That Council authorise the Executive Manager- Services to include the following in the new waste collection contract: That Council:

a) Exclude stationery waste compactor services from the contract. b) Include commercial bulk bin services in the contract excluding Rainbow Beach. c) Include commercial 2 x 240ltr Mobile Garbage Bin waste and recycling services (waste service

multi/weekly, recycling service fortnightly) in the new contract.


5.1 Develop and let contracts for commercial services in accordance with Councils resolution.

Short term In conjunction with the preparation of the new waste collection tender

Internal GRC staff

Measures and Targets Commercial properties have commercial waste and recycling services available from GRC.


6.1.5 Collection Services for Council Premises and Facilities.

6.1.5.1 TYPE OF SERVICE GRC undertakes 240 ltr waste and recycling wheeled bin services for Council premises and facilities.

Bulk bin services are also provided to Council premises and facilities. These include Council depots and water and sewerage treatment plants.

GRC also services bulk bins at the domestic waste bulk bin sites.

6.1.5.2 SERVICE AREA The service is generally provided within existing service areas.

6.1.5.3 SERVICE DELIVERY Commercial wheeled bin and bulk bin waste and recycling collection services are provided under the existing waste collection contracts.

GRC also operates its own front-lift collection vehicle to service bulk bins. This truck generally services Council premises and facilities and some of the domestic bulk bin sites.

6.1.5.4 RISKS AND ISSUES – COLLECTION SERVICES FOR COUNCIL PREMISES/FACILITIES The following issues have been identified for the collection services for Council premises/ facilities.

Figure 15 - Risks and Issues - Collection services Council Premises and Facilities


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Control Options

GRC front-lift collection vehicle is significantly underutilised.

Significant ongoing operational inefficiencies with high level cost impacts.

1 1 1

Decommission GRC front-lift vehicle and establish alternate contract service arrangements for GRC premises and facilities.

Lack of data on waste generated through Council activities.

Poor data collection for reporting and future planning.

2 2 2 Review Council internal waste activities and establish data collection processes.

6.1.5.5 STRATEGY GOALS – COLLECTION SERVICES FOR COUNCIL PREMISES/FACILITIES

Strategy Goal 6 - Gain efficiencies in collection services for Council premises and facilities.

Description Identify and appropriately manage waste generated in Council activities.

Council currently operates its own collection truck to provide services to some Bulk Bin sites and Council facilities. This vehicle is due for replacement with an expected capital outlay of over $500,000 for a new vehicle. This truck is significantly underutilised and only works part days for 3 days per week. Further reduction in workload may result as GRC reviews bulk bin sites. Collection efficiency and productivity for front-lift vehicles is dependent on density of the work and routing schedules. Unless Council is going to enter into providing commercial services with the vehicle, it is doubtful Council will gain any benefit from retaining a front-lift vehicle and utilising the vehicle for selected services. Council should consider ceasing the operation of its own front-lift collection vehicle. Where Council does cease this activity the services required at Council facilities can be provided under the existing collection services contracts. The Qld Waste Reduction and Recycling Act requires all local governments to identify, manage and report on waste generated as part of council activities. GRC will need to gather data related to waste involved in its activities.



6.1 Consider ceasing the provision of bulk bin services with GRC front-lift vehicle.

Short term Provide required services using existing contracts to 30/06/2014

Existing staff

6.2 Develop processes to identify and capture data for all waste generated in Council activities

Short term Existing staff

Measures and Targets Level of Service for Council premises and facilities

6.1.6 Construction and Demolition Waste

The collection of Construction and Demolition (C&D) waste is undertaken by private operators such as skip bin companies. GRC does not participate in providing these services. A mature market exists in the GRC area to satisfy the collection of C&D waste.


6.2 WASTE TRANSFER AND RECYCLING FACILITIES There is one minor transfer station facility operated by GRC. The facility located in the Mary Valley is provided for residents and businesses to dispose of general waste items and recyclables.

A privately operated facility in the Gympie area accepts demolition waste including concrete/brick waste for re-processing and sale to markets.

By using the suggested catchment areas shown on Attachment C, it is possible to estimate the number of households who may access the site.

Figure 16 - Transfer Stations

Waste Green Waste

Other Recycling

TOTAL TONNES Total Cost Cost per tonne


capture area


Mary Valley 433 735 171 1339 $164,075 $123.00 1329 $123

433 735 171 1339 $164,075 $123.00 1329 $123

Facility

Tonnes Site Catchment AreaCosts

Transfer Station Totals


Mary Valley Transfer Station

6.2.1 Risks and Issues – Transfer Stations

The following issues have been identified for the transfer stations.

Figure 17 - Risks and Issues – Transfer Stations


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Control Options Public waste disposal relies largely on rapidly expiring landfill sites and unsupervised bulk bin sites as customer access facilities

Inappropriate and inefficient waste disposal practices. Heightened need to establish a network of long term facilities that satisfy service levels and provide efficencies.

1 1 1 Establish a transfer station network.

All sites to be supervised during open hours and all transactions recorded

Unsupervised activity on site with possibility of unsafe practices or inappropriate site entry.

1 1 1 Introduce devices to record all transactions. Formalise contracts for all contracted services.

Require formal contracts for site operations by contractors.

Ad-hoc contract arrangements leading to inefficiencies and increased costs.

2 2 2


6.2.2 STRATEGY GOALS – TRANSFER STATIONS

Strategy Goal 7 - Provide the optimal network of waste transfer and recycling facilities

Description Determine locations for transfer stations that provide acceptable access arrangements for customers.

The GRC Economic Development Strategy indicates that as a result of topography and historical land use (particularly large tracts of forestry), the GRC area comprises four distinct sub regions:

• Gympie City and surrounds. • The Mary Valley. • Eastern-Coastal sub-region. • Goomeri/Kilkivan (western).

The location of waste facilities must take account of these geographical sub-regions. Designing the optimum transfer station network also requires alignment with landfill disposal sites. GRC has an over abundance of landfills which are all expected to close during the life of this strategy. Therefore GRC is well placed to consider and design a future waste facility network.

Actions Required Timeframe Dependencies Resources Required

7.1

Prepare a Transfer Station Network review/plan for council consideration including:


Short to Medium term Internal staff.

Contractors

7.2 Implement the Transfer Station Network plan to coincide with landfill closures

Medium to Long term

To coincide with landfill closures Internal staff

Measures and Targets Provide a sustainable network of transfer stations.

Strategy Goal 8 - Responsible management of waste transfer & recycling facilities

Description Waste Transfer and Recycling facilities that are well designed and operated will provide efficiency, safety and environmental benefits to GRC and customers in terms of service quality, cost and waste reduction and recycling.

GRC will need to consider future changes and expansions to the transfer station network based on the review of bulk bin sites and landfill sites. The changes should address the capturing of customer and waste data for all sites. Quality data is required by GRC to inform future decisions and for reporting purposes. The changes would be expected to involve significant capital outlay to the transfer station network and will include the establishment of major and minor transfer stations. Providing weighbridges at minor transfer stations is dependent on pricing arrangements and should consider site traffic volume. Where a low volume of payment transactions occurs the capital outlay exceeds the return and these sites are better calculated as a price per m3 with transaction data being captured on a hand held device. GRC uses a similar arrangement at the existing Bonnick Rd and Tin Can Bay landfills. Weights for waste removed from minor transfer stations will be captured at the landfill weighbridge. Waste management facilities by nature can expose people to health and safety risks. Similarly inappropriate placement of wastes can create risks and can render recycling materials unrecyclable. Appropriate supervision of site activities is necessary to reduce risks and to ensure proper disposal practices occur. GRC enters into individual site contracts for the management of recycling activities and general site oversight for the transfer stations. In future these contractual arrangements will need to be varied to include specific site and customer supervision include the capturing of customer transactions. The suggested expansion of the waste transfer station network will require establishment of contracted RORO bin services.



8.1 Introduce hand held devices to capture transactions at all non-weighbridge sites


Progressively as supervision is introduced. Internal staff

8.2 Establish new contracts to supervise and manage all sites


Progressively as minor transfer stations are established.

Internal staff

8.3 Establish contracts to service RORO bins at minor transfer stations


Progressively as minor transfer stations are established.

Internal staff


GRC Waste Transfer and Recycling sites are established and activities are supervised during all opening hours by 1 January 2015.


6.3 LANDFILLS GRC operates the only landfill facilities in the area. No privately operated landfills currently exist and there are no known plans to establish privately operated sites. All six of the GRC landfills are expected to reach capacity and close during the term of this strategy.

By using the suggested catchment areas shown on Attachment B it is possible to estimate the number of households who may access the various sites.

Figure 18 - Landfill Sites

Waste to Landfill

Green Waste

Other Recycling TOTAL Total Cost Cost per tonne


capture area


Goomeri 1184 298 70 1552 $199,650 $129.00 595 $336

Kilkivan 688 377 70 1135 $179,790 $159.00 703 $256

Gunalda 562 320 74 956 $145,243 $152.00 449 $323

Bonnick Rd 26125 5246 1068 32439 $988,054 $31.00 10342 $96

Rainbow Beach

184 735 125 1044 $228,570 $219.00 1177 $194

Tin Can Bay 4941 980 278 6199 $367,656 $60.00 3065 $120

33684 7956 1685 43325 $2,108,963 $50.00 16331 $129

Facility

Tonnes Site Catchment AreaCosts

Landfill Totals


It is evident that having six active landfill sites is not a cost-effective arrangement for GRC. The high operating cost at sites like Goomeri, Kilkivan, Gunalda, and Rainbow Beach is not commensurate with the low waste volumes. A number of the sites have limited or no supervision and fees are only collected at Bonnick Rd and Tin Can Bay.

To be able to calculate the remaining volume (available airspace) for a landfill requires the site to have a Closure Plan. The Closure Plan includes the final design profiles and ongoing monitoring arrangements. A number of the GRC sites do not have these plans. Based on estimates from available data the expected remaining life for each site is shown below.

Figure 19 - Existing Landfills and Estimated Remaining Life Landfill Site Estimated Remaining Landfill Life

Goomeri Less than 3 years

Kilkivan Less than 7 years

Gunalda Less than 7 years

Bonnick Rd Less than 10 years

Rainbow Beach Less than 3 years

Tin Can Bay Less than 3 years


The estimated remaining landfill life is based on historical information about volumes used and does not take account of any prolonging of the available airspace. Council has recently changed its work method at a number of sites and has introduced a tracked loader (drott) to provide improved compaction of the waste. This will achieve improvements in compaction densities and reduce airspace consumption. Providing site supervision to ensure the removal of recyclable materials will also prolong landfill life.

Each of the sites accepts recyclable materials including green waste and metals. As with the bin sites the costs for Goomeri, Kilkivan and Gunalda are understated as the green waste collected on site is incinerated.

Goomeri Landfill Kilkivan Landfill

Gunalda Landfill Bonnick Road Landfill

Rainbow Beach Landfill Tin Can Bay Landfill


6.3.1 Risks and Issues – Landfill Sites

The following issues have been identified for the landfill sites.

Figure 20 - Risks and Issues – Landfill Sites.


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Control Options

Limited remaining landfill capacity at most sites

Need to close sites and establish alternative disposal options.

1 1 1 Extend the life of selected sites while establishing a new landfill.

Site activities generally unsupervised at some sites.

Potential exposure to high level personal harm (death, permanent disability).

1 3 2 Review waste facilities locations and activities and provide for all publicly accessible sites to be supervised during all open hours. Close remaining unsupervised sites.

Potential illegal/unsafe waste disposal activities 1 1 1

Poor capturing of transaction records and data collection for reporting and future planning.

2 1 1

At some existing sites limited if any opportunity exists for waste reduction and recycling

Very limited if any opportunity to seperate materials for recycling at some sites. increased waste going to landfill instead of being recycled.

2 1 1

Establish standardised recycling infrastructure at all sites in conjunction with introduction of site supervision.

Inefficient network of sites due to historical pre-amalgamation boundaries.

Significant ongoing operational inefficiencies with high level cost impacts.

1 1 1 Review waste facilities locations and activities and rationalise number and types of sites.

6.3.2 Strategy Goals – Landfill Sites

Strategy Goal 9 - Provide efficient facilities for the regions short & long term landfill needs

Description Assess the existing landfill network and develop plans to maintain, develop, close and rehabilitate sites to ensure long term waste disposal capacity.

GRC has 6 operating landfills, all of which are expected to reach close during the life of this strategy. The current situation of impending landfill closures highlights the importance of having accurate predictions of landfill capacity. To provide for normal and emergency disposal requirements GRC should ensure long term waste disposal capacity exists. Goomeri Goomeri landfill has a very limited life. The closure of the Goomeri landfill should be investigated. Kilkivan The predicted life based on current expected closure profiles is medium term. It may be possible to extend the life of the Kilkivan landfill by reviewing the closure profile and introducing new operational practices including site supervision. GRC should investigate the option of extending the life of the existing Kilkivan landfill. The site should be secured, the opening hours reviewed and the landfill must be supervised during all open hours. Prior to final closure of the site the future western transfer station/landfill will need to be developed Gunalda At current waste volumes the Gunalda landfill has a life expectancy of medium term. The site should continue to operate until final site profiles are achieved. Bonnick Rd Bonnick Rd will remain as the major regional landfill. GRC has commenced a project to construct a new landfill cell at Bonnick Rd. The new landfill cell construction needs to be progressed urgently to provide sufficient short and medium term waste disposal capacity. Rainbow Beach Rainbow Beach landfill poses significant operational issues and has a very limited life. Prior to the closure of the Rainbow Beach site the waste disposal options for residents and businesses in the area will need to be reviewed.


Tin Can Bay Based on existing closure profiles the site has a limited life. The life can be extended for a number of years if the closure profile is changed. GRC should proceed with a review of the closure profile with a view to redesigning and extending the life of the site.


9.1

Review landfill development and operations including: • Investigate closure of Goomeri Landfill. • Investigate closure of Rainbow Beach

landfill. • Establish Toolara landfill. • Extend the life of Bonnick Rd Landfill –

construct new landfill cell. • Review Tin Can Bay landfill site profile to

extend the landfill life. • Review Kilkivan landfill site profile to extend

the landfill life.

Short to medium term Internal staff

9.2

Prepare a landfill development and operations plan for councils consideration addressing:


Short to medium term Internal staff

Measures and Targets Maintain long term waste disposal capacity.


6.4 RESOURCE RECOVERY All sectors of our community have a responsibility to manage the waste they create and/or handle in an environmentally sound manner. Our actions in how we manage our waste items can be guided by the waste hierarchy which is used to show the preferred actions for achieving waste reduction and recycling. Gympie has a number of existing recycling activities which contribute to the recycling achievements shown in Figure 4.

Figure 21 - Waste Hierarchy Most Preferred

Least Preferred

In 2011 the Queensland Government introduced the Waste Reduction and Recycling Act with the aims being to:

• Promote waste avoidance and reduction, and resource recovery and efficiency actions;

• Reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste;

• Minimise the overall impact of waste generation and disposal;

• Ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery;

• Support and implement national frameworks, objectives and priorities for waste management and resource recovery.

Under this Act all local governments must adopt a Waste Reduction and Recycling Plan which must, where reasonably practicable, include the following:

• Waste reduction and recycling targets for:




• Actions to be taken to improve waste reduction and recycling of:





• Details of current and proposed waste infrastructure;

• The management and monitoring of the local government’s performance under the plans;

• Information about achieving continuous improvement in waste management.

When preparing a Waste Reduction and Recycling Plan a local government is required to consider how it will contribute to achieving the targets and aspirations of the Queensland Waste Reduction and Recycling Strategy. The Act prescribes that local governments must adopt a Waste Reduction and Recycling Plan by 1st December 2012. However the Qld Government has signalled its intentions to review the current Qld Waste Reduction and Recycling Strategy and to adopt a new strategy by early 2014. The Qld Government has therefore proposed an extension of the due date for local governments to adopt Waste Reduction and Recycling Plan to 1st July 2014.

6.4.1 Risks and Issues – Resource Recovery

The following issues have been identified for Resource Recovery.

Figure 22 – Risks and Issues - Resource Recovery


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Control Options Recycling services provided vary at different sites

Increased waste to landfill 2 2 2 Provide consistent and comprehensive recycling options at all sites.

No short, medium or long term arrangements exist for managing/processing green waste.

Increased green waste to landfill 1 1 1

Establish short term arrangements for green waste processing and investigate long term options.

Buy back centre (Tip Shop) arrangements are not consistent and need to be formalised.

2 2 2 Establish formal Tip Shop arrangements where appropriate.

Current waste education is limited and ad-hoc.

Waste education is ineffective and residents and businesses are not aware of services and options leading to increased waste to landfill.

2 2 2 Develop and deliver a waste education program.

6.4.2 Domestic & Commercial Recycling

GRC has existing domestic and commercial recycling collection services. These services are described and strategy goals proposed in Strategy Goals 3 & 5.

6.4.3 Recycling Sites/Facilities

This strategy outlines a number of reviews of the network of waste management facilities within the region. In conjunction with any reviews would be the provision of recycling opportunities for domestic and commercial customers. For sites operated by GRC the intention would be to provide consistent recycling arrangements at each site where this is appropriate.


6.4.4 Strategy Goals – Resource Recovery

Strategy Goal 10 - Provide and/or facilitate sites with recycling opportunities

Description Provide consistent recycling services at council sites and opportunities to increase recycling.

Residential and commercial customers self-transporting waste typically need recycling facilities for green waste, timber, steel, cardboard, reusable items, oil, batteries and other household hazardous waste. Commercial customers generally have larger volumes of green waste, timber, steel, cardboard and concrete along with some plastics. A major impediment to effective recycling is mixed loads of waste. This is an issue for GRC where site activities are not supervised and recycled items are mixed with other wastes. Some GRC sites are accepting comingled recycling items similar to those placed in recycling wheeled bins. Should GRC expand the kerbside recycling service to all areas receiving a waste bin service this requirement will be reduced. GRC’s kerbside recycling items are currently transported to the Sunshine Coast for processing at a purpose built Materials Recovery Facility (MRF). The new collection services tender process will need to consider the processing of these recyclable materials. Green Waste Green waste is a significant portion (20%) of the total waste stream identified by GRC. Unlike many other recyclable items, processed green waste is generally reliant on local or regional markets for reuse. This has lead to many operations having closed down when supposed markets have proven unsustainable. Council’s were impacted by a recent failure of an operation near Brisbane. GRC will look at establishing long term arrangements to manage green and timber waste. These arrangements must be founded on using/facilitating a sustainable outcome for the region. A sustainable outcome should include locations and sites able to hold large volumes of this waste where processing disruptions occur. Construction and Demolition Waste A privately owned facility operates in the Gympie area to accept concrete/bricks for processing and resale. Many customers are taking waste direct to this facility for processing. This alleviates the issues associated with collecting and processing this material on Council sites and GRC should encourage and promote this recycling option. Aside from concrete/brick waste, Construction and Demolition (C&D) waste generally contains large volumes of timber, steel, plastics and soils. Private waste operators including skip bin companies can benefit from establishing or having access to specific facilities for segregating and processing C&D wastes. Tip Shops Every supervised GRC waste facility should, where appropriate, provide the opportunity for customers to separate reusable items (eg furniture, clothing, sporting equipment, electrical items, toys). GRC already provides this opportunity at some sites. These items can be assessed and where appropriate made available for sale to the public via a tip shop arrangement. Formal tip shop facilities should be established for all supervised sites in conjunction with the respective site operating contracts/arrangements.


10.1

Prepare a recycling/waste minimisation report for Councils consideration including: • Investigate establishing consistent general

recycling options at all GRC sites. • Investigate establishing a 2 year contract for

green and timber waste removal and processing • Investigate options for greenwaste and/or C&D

waste processing. • Investigate establishing (where appropriate)

formal “Tip Shop” arrangements at all GRC supervised waste management sites accessed by the public.

Short to Medium term Internal staff


Report prepared for Council consideration on waste recycling opportunities including:

• Waste reduction targets

• Statutory compliance

• Community needs

• Level of service


6.4.5 Waste Minimisation and Education

GRC and private operators will invest significantly in providing waste facilities and services in the Gympie region. The success of achieving good waste management outcomes is heavily reliant on the users being informed and educated about how the facilities operate and what is desired to achieve improvements in waste management. Therefore education of householders and business operators is a key component.

Strategy Goal 11 - Provide community waste education

Description Provide waste minimisation and education services designed to increase awareness of resource recovery and recycling opportunities

Households Householders require information and advice about how GRC’s waste management systems operate including collection services and how and where to dispose of unwanted items and how to segregate items for disposal at facilities. Other general information should include:

• Home composting

• Waste avoidance

• Reuse and recycling Schools Teachers and students are a key target for waste education therefore the waste education program should include a school visit program. General waste management information about composting, waste avoidance and resource recovery/recycling should form the basis of the school program. Businesses Business and industry will require specific information about the services available in the region, both from GRC and private operators. The industry program should include advice and support on:

• Cleaner production

• Government support programs

• Optional waste audits and waste reduction/recycling advice.


11.1 Design, implement and resource a Community Waste Education Program

Short term Internal staff


Community members including residents, schools and businesses have access to waste education resources that provide advice and assistance to enable improved waste management practices and performance in the Gympie region.

7 STRATEGY IMPLEMENTATION The review of existing activities has identified a number of issues and has concluded strategy goals and recommended actions that will assist GRC to move forward with waste management for the region. Following adoption of the Regional Waste Management Strategy by GRC, the strategy will become a living document providing future direction for Council and the community.

8 STRATEGY CONSULTATION Prior to adopting a strategy Council will release the draft Regional Waste Management Strategy to the community for public consultation. The draft strategy will be made available for a minimum period of 28 days.

Following the community consultation period a report of the community input will be presented to Council for direction prior to drafting the final report. Following this consultation process the final Regional Waste Management Strategy will be presented to Council for resolution and adoption.


ATTACHMENT “A” – RISKS & ISSUES MATRIX Level Description of Consequence

High (1) (High level impact)

Operational • Potential exposure to high level personal harm (death, permanent disability). • Major structural failure/damage. • Major contract breach • Potential illegal/unsafe waste disposal activities • Significant long term disruptions to services and operations

Compliance • Ongoing breach of operating licence, illegal operations. • Significant (high exposure) one-off breach of compliance requirements.

Waste Reduction and Recycling • Very limited if any opportunity to seperate materials for recycling • Highly ineffective waste seperation and recycling activity

Efficiency • Poor data collection for reporting and future planning. • Significant ongoing operational inefficiencieswith high level cost impacts.

Medium (2) (Medium level impact)

Operational • Potential exposure to personal injury with temporary disability • Minor structural failure/damage. • Ongoing contract non-conformance • Short-term to medium term disruptions to services or operations.

Compliance • One-off breach of compliance requirements (reportable - not high exposure).

Waste Reduction and Recycling • Minimal opportunities to recover resources or recycle • Ineffective waste seperation and recycling activity

Efficiency • Operational inefficiencies with medium to low level cost impacts.

Low (3) (Low level impact)

Operational • Potential exposure to personal injury • Minor equipment damage. • Minor one-off contract non-conformance • Minor short-term service disruption to services or operations.

Compliance • One-off minor breach of compliance requirements (not reportable).

Waste Reduction and Recycling • Minimal opportunities to recover resources or recycle • Ineffective waste seperation and recycling activity

Efficiency • One off operational inefficiencies with minimal cost impacts.

Level Likelihood / Probability Likely Could happen frequently Moderate Could happen occasionally Unlikely May occur only in exceptional circumstances.

Consequence Likelihood / Probability Likely (1) Moderate (2) Unlikely (3)

High (1) 1 1 2 Medium (2) 1 2 3 Low (3) 2 3 3 Class/Ranking Description / Requirements 1 Major risk/issue - Requires short term intervention to mitigate risk exposure. 2 Medium risk/issue - Requires medium term operational planning. 3 Minor risk/issue - Requires localised control measures.


ATTACHMENT “B” – FACILITY CATCHMENTS & COLLECTION SERVICE AREAS

2013-07-31 ordinary meeting minutes - gympie council...2013/07/31 · ordinary meeting 31 july 2013...

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