council meeting agenda 03 09 2014

Ordinary Meeting

Council Chambers Date: Wednesday 3 September 2014

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 03 SEPTEMBER 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda Wednesday 03 September 2014

ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING DEPUTATIONS AND DELEGATIONS 9.45 am Joe Moro President of Mareeba Chamber of Commerce will make a presentation to Council CORPORATE AND COMMUNITY SERVICES ............................................................................... 5

REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 Kidner Unit Trust - Material Change of Use - Extractive Industry - Lot 2496 on

PH140 - Burke Development Road, Wrotham - DA/14/0029 ..................................... 5 ITEM-2 Mulungu Health Care Service - Material Change of Use - Residential Units

(Duplex) - Lot 1 RP717124 - 20 Middlemiss Street Mareeba, DA/14/0024 ............. 63 ITEM-3 Application to lease USL - Lot 23 on AP11281 Parish of Garioch ........................... 83 ITEM-4 Conversion of Term Lease 0/221717 - Lot 4427 SP167725 Parish of Garioch ....... 89

GRANTS AND CORPORATE AND COMMUNITY PLANNING ................................................. 95 ITEM-5 Financial and In-kind Support Program Policy 26 August 2014 .............................. 95

FINANCE ................................................................................................................................ 105 ITEM-6 Mayor's Community Appeal Gift Fund Policy ........................................................ 105

INFORMATION SYSTEMS AND CUSTOMER SERVICE ....................................................... 111 ITEM-7 Request for approval to inter Mr Lloyd Stewart outside Council cemetery ............ 111

GOVERNANCE AND COMPLIANCE ...................................................................................... 113 ITEM-8 Audit Committee Chair Report .............................................................................. 113 ITEM-9 Corporate Plan ..................................................................................................... 115 ITEM-10 Public Liability Insurance Cover for Community Events ........................................ 133

INFRASTRUCTURE SERVICES ................................................................................................ 153

TECHNICAL SERVICES ......................................................................................................... 153 ITEM-11 Drainage Issues at the rear of 8 Damien Street, Mareeba .................................... 153 ITEM-12 Disposal of Surplus Plant and Equipment ............................................................. 165

WORKS................................................................................................................................... 167 ITEM-13 Infrastructure Services - Works Group Progress Report - July 2014 ..................... 167

WATER & WASTE .................................................................................................................. 173 ITEM-14 Infrastructure Services - Waste Operations Progress Report - July 2014 ............. 173 ITEM-15 Infrastructure Services - Water and Wastewater Group Monthly Operations -

July 2014 .............................................................................................................. 179 ITEM-16 Waste Collection Services Contract and a Tender Consideration Plan: S230 of

the Local Government Regulation 2012 ............................................................... 192 CHIEF EXECUTIVE OFFICER ................................................................................................... 198

ORGANISATIONAL DEVELOPMENT ..................................................................................... 198 ITEM-17 Voluntary Separation Program ............................................................................. 198 ITEM-18 Christmas Shutdown ............................................................................................ 200

APPENDIX - COMMITTEE MEETING MINUTES


CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING ITEM-1 KIDNER UNIT TRUST - MATERIAL CHANGE OF USE -

EXTRACTIVE INDUSTRY - LOT 2496 ON PH140 - BURKE DEVELOPMENT ROAD, WROTHAM - DA/14/0029

DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

ATTACHMENTS: 1. Proposal Plan/s

2. Referral Agency Response - Department of State Development, Infrastructure and Planning letter dated 22 August 2014

3. Department of Environment and Heritage Protection standard conditions for Environmentally Relevant Activity 16 - Extraction & Screening (5,000 tonnes to 100,000 tonnes per annum)

APPLICATION PREMISES APPLICANT Kidner Unit Trust ADDRESS Burke Developmental

Road, Wrotham DATE LODGED 11 July 2014 RPD Lot 2496 on PH1440 TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Extractive Industry

FILE NO DA/14/0029 AREA Sales Permit 2010086

- 2.5 hectares LODGED BY Kidner Unit Trust OWNER Consolidated Pastoral

Company Pty Ltd PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ZONE Rural zone LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS Nil


EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application. Some minor non-compliance has occurred with the applicant's public notification, however it is recommended that Council excuse the non-compliance in accordance with section 304(1) of the Sustainable Planning Act 2009. The application has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and does not conflict with any relevant planning instrument. Unlike previous applications for similarly sized extractive industries (5,000 tonnes to 100,000 tonnes per annum), the environmentally relevant activity aspect of this development will be managed by the Department of Environment and Heritage Protection (DEHP) through a separate application process. It is recommended that the application be approved in full with conditions.

OFFICER'S RECOMMENDATION

1. That in accordance with section 304(1) of the Sustainable Planning Act 2009, Council assess and decide development application DA/14/0029, despite section 301, as Council is satisfied that the minor non-compliance has not- (a) adversely affected the awareness of the public of the existence and nature of the

application; or

(b) restricted the opportunity of the public to make properly made submissions.

2. That in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); And

APPLICATION PREMISES APPLICANT Kidner Unit Trust ADDRESS Burke Developmental

Road, Wrotham DATE LODGED 11 July 2014 RPD Lot 2496 on PH1440 TYPE OF APPROVAL

Development Permit


Material Change of Use - Extractive Industry


The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use -

Extractive Industry (B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)

(a) Development assessable against the Planning Scheme

1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: - found necessary by the Council’s delegated officer at the time of

examination of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

2. Timing of Effect 2.1 The conditions of the development permit must be complied with to the

satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2 Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

3. General 3.1 The applicant/developer is responsible for the cost of necessary alterations

to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by the condition(s) of this approval.

3.2 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.3 Bushfire Management The applicant is to implement the Fire Risk Management process as outlined in the Brown Creek Quarry Management Plan.

Plan/Document Number

Plan/Document Title Prepared by Dated

Figure 2 Site Map Kidner Contracting n/a Figure 1 Locality Map n/a n/a


3.4 Hours of Operation The operating hours shall be between 6:00am and 7:00pm.

3.5 The Applicant shall provide Council with records of quantities of material extracted from the site on a monthly basis.

3.6 Operations pursuant to the extractive industry must be carried out in accordance with the Brown Creek Quarry Management Plan submitted to Council.

3.7 The applicant will be required to take every precaution to avoid spillage and any spillage which occurs on any public road, shall be removed at the end of each working day or within four (4) hours of any verbal requirement by Council's delegated officer.

3.8 The excavation of material will be required to be confined to the extractive industry area, subject to the conditions and requirements of the Council and/or other Authority and all operations will be carried out in such a manner that no erosion occurs in any adjoining or other land outside the extractive industry area.

3.9 The applicant shall ensure that no declared plants are transported from the site during the operation of the extractive industry.

4. Prevention of Environmental Harm 4.1 Prevent and /or minimise likelihood of environmental harm

4.1.1 In carrying out the activity, the applicant must take all reasonable

and practicable measures to prevent and/or to minimise the likelihood of environmental harm being caused. Any activity, that, if carried out incompetently, or negligently, may cause environmental harm, in a manner that could have been prevented, shall be carried out in a proper manner in accordance with the conditions of this approval.

4.1.2 NOTE: This approval authorises the activity. It does not authorise environmental harm unless a condition contained within this approval explicitly authorises that harm. Where there is no condition or the approval is silent on a matter, the lack of a condition or silence shall not be construed as authorising harm.

4.2 Dust Minimisation 4.2.1 Stockpiling and all mechanical operations (including haul road) shall

be so located and maintained as to prevent dust, sand or soil blowing onto a road or land that is not being used for the extractive industry.

4.2.2 The applicant must ensure that trucks hauling material are in a condition, which prevents the deposition of material on any sealed public road, prior to leaving the site.


4.2.3 The applicant must ensure trucks transporting material from the subject land are covered as soon as practicable after loading to prevent wind blown releases and spillage. The covering must be maintained until unloading the trucks.

4.3 Waste Management 4.3.1 Solid Waste

All domestic and industrial solid waste shall be removed from the subject land and disposed of at a licensed landfill.

4.3.2 Liquid waste No oil, grease or solvents shall be discharged to waters. All waste grease, solvents and oil will be taken off the subject land for recycling, treatment or disposal at an approved facility.

4.4 Water Management 4.4.1 Any wash waters must be directed to a sediment basin. This basin

must be maintained in condition which will ensure that all wash waters are contained within its banks. Any erosion caused by the escape of wash waters must be managed immediately to prevent the creation of a wash out.

4.4.2 Sediment Retention (a) Where a sediment basin is to be installed it must be

constructed and maintained to contain all run off. The size of the sediment basin must be sufficient to contain the run-off expected from a 24 hour storm with an average recurrence interval of 1 in 5 years.

(b) The sediment basin must be emptied of sediment as necessary to maintain the design capacity.

(c) Any sediment removed from a retention pond must be stored in a manner, which will prevent it from entering a watercourse.

4.5 Stormwater management (a) Stormwater shall be diverted away from contaminated areas.

Contaminants must not be directly or indirectly released from the subject land to any waters or the bed and banks of any waters. Stormwater silt traps shall be installed to prevent material entering watercourses or stormwater drains.


(b) There must be no release of stormwater runoff that has been in contact with any contaminants at the site to any waters, watercourses or stormwater drains. The applicant must prevent the release of sediment to waters or a build up of sediment in any stormwater drain. Storm water shall be managed in a manner, which will prevent erosion.

(D) ASSESSMENT MANAGER’S ADVICE

(a) Compliance with applicable codes/policies

The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(b) Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(c) Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(d) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au.

(E) CONCURRENCE AGENCY CONDITIONS

Department of State Development, Infrastructure and Planning conditions dated 22 August 2014.

(F) RELEVANT PERIOD When approval lapses if development not started (s.341)

• Material Change of Use – four (4) years (starting the day the approval takes effect);


(G) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

• Nil

(H) OTHER APPROVALS REQUIRED FROM COUNCIL

• Nil

THE SITE

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.


Map Disclaimer: Imagery from Google Maps & Google Street View. The subject land is described as part of Lot 2496 on PH1440, Parish of Manvers, situated on the Burke Developmental Road, Gamboola, Locality of Wrotham. Access to the site is obtained directly off the Burke Developmental Road.


Lot 2496 on PH1440 has a total area of 117,000 hectares and is predominantly used for grazing purposes. The proposed development area is approximately 2.5 hectares. The land is predominantly covered with open eucalyptus woodland. The vegetation is mapped as remnant not of concern regional ecosystem. Brown Creek is located approximately 300 metres north of the extraction area. Surrounding lots are very large rural holdings. The nearest dwelling house is located approximately 3.5 kilometres north-west of the proposed extraction site, adjacent to Gamboola airstrip. BACKGROUND AND CONTEXT Nil PREVIOUS APPLICATIONS & APPROVALS Department of Agriculture, Fisheries and Forestry Sales Permit No. 20100862 is in place authorising the extraction of quarry material under the Forestry Act 1959. Preliminary testing of the resource quality was carried out in July 2014. Samples tested have shown that the resource is of suitable quality for use in local road projects. DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Extractive Industry in accordance with the plans shown in Attachment 1. The project is a quarry at which extraction and screening activities will be undertaken for ridge gravel material to for use as road base on main and local roads. The proposed development area is approximately 2.5 hectares. The following extractive industry processes will be undertaken as part of the project: • Excavation and crushing of material to various sizes. • Screening of the crushed material to required sizes. • Stockpiling of material. No blasting will occur on site. It is anticipated that the quarry will operate for up to 260 days per year. Operating hours during this time will be 6 am to 7 pm. The operations will employ five people at any one time. Vehicles used in the operation are expected to be: • Side Tipper Road Trains x 3 • Light vehicles utes x 3 • Loader Hitachi LX150 x 1 • Truck and Dog Trailers x 3 • Loader Komatsu ZW311 x 1


Progressive site rehabiltation is proposed and is required under the Sales Permit conditions and the standard environmentally relevant activity conditions. REGIONAL PLAN DESIGNATION

The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as:

• Terrestrial Area of General Ecological Significance

• Wetland Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:-

Extractive industry means any industry involving and consisting of the extraction or quarrying of sand, gravel, rock, soil, stone and the like from the land. The term includes the primary treatment and storage of such material when carried out on the same site as the use. The term does not include: (a) the removal of material outlined in Chapter 11 Part 2, Section 656 of the Local

Government Act, as amended; (b) a mine as defined in the Mineral resources Act; (c) the removal of material with or as a consequence of:

(i) an approval to subdivide land and to open a new road in accordance with

that approval; (ii) an approval in accordance with the Building Act, where such works comply

with that approval; (iii) works associated with farming practices where the amount of material

extracted does not exceed 200 cubic metres per annum. RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:-

Zone: Rural zone

Overlays Natural Disaster Bushfire Overlay (Medium Bushfire Hazard)


(a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

DRO 2.5 Extractive Industries and mineral resources

Land Use Policy Complies Comments

2.5.1 Key resource areas and associated transport infrastructure are protected in accordance with State Planning Policy 2/07.

n/a The subject land is not identified as a Key Resource Area under the SPP. Notwithstanding this, the application proposes a new extractive industry operation and is therefore consistent with the intent of the SPP and this DRO.

2.5.2 Extractive industries avoid loss or degradation of environmental values. Where loss cannot be avoided, impacts are minimised and mitigated.

Extractive resources are found in specific limited locations and the extraction of these resources can only occur where the resources are found. As extractive operations are confined by the location of the resource, it is not always possible to completely avoid environmental impacts. The limited potentially adverse impacts of the proposed quarry operation can be managed and minimised appropriately through the implementation of reasonable management measures. The development is able to achieve this policy outcome.

2.5.3 Where extractive resources are removed from agricultural areas, the impacts of extractive activities on primary industries should be minimised and locations rehabilitated where appropriate for agricultural use.

The proposed development is not an active agricultural area and is not identified as “Good Quality Agricultural Land” (GQAL).

DRO 7.1 Protection of Waterways, Wetlands and Water Quality


7.1.1 Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

The development will result in the clearing of remnant vegetation within the 2.5 hectare extraction area. No clearing is proposed outside the extraction area or within 300 metres of Brown Creek. The development has been conditioned to comply.

(b) State Planning Policies

On 2 December 2013 (amended July 2014), the Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application.


This officer has conducted an assessment of the proposed development against the provisions contained within the SPP and it is not considered to be in conflict with any relevant aspect of the SPP.

Queensland State Planning Policy - July 2014

State Interest Complies Assessment Requirements & Comments

Biodiversity

A development application where the land relates to a matter of state environmental significance, if the application is for:

(a) operational work, or

(b) a material change of use other than for a dwelling house, or

(c) reconfiguring a lot that results in more than six lots or lots less than five hectares.

N/A//x Development:

(1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority:

(a) avoiding significant adverse environmental impacts, and

(b) mitigating significant adverse environmental impacts where these cannot be avoided, and

(c) where applicable, offsetting any residual adverse impacts.

Comment

Extractive resources are found in specific limited locations and the extraction of these resources can only occur where the resources are found. As extractive operations are confined by the location of the resource, it is not always possible to completely avoid environmental impacts. The limited potentially adverse impacts of the proposed quarry operation can be managed and minimised appropriately through the implementation of reasonable management measures. Rehabilition of the site will be carried out at the completion of the extraction. Site rehabilitation is a requirement of the Department of Agriculture, Fisheries and Forestry and the Department of Environment and Heritage Protection.

Natural hazards

A development application for a material change of use, reconfiguring a lot or operational works on land within:

(1) a flood hazard area, or

(2) a bushfire hazard area, or

(3) a landslide hazard area, or

(4) a coastal hazard area.

For all natural hazards:

Development:

(1) avoids natural hazard areas or mitigates the risks of the natural hazard, and

(2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and

(3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and

(4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and


(5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and

Comment

The development has been conditioned to comply. The bushfire management procedured as outlined in the Quarry Management Plan must be implemented for the site.

(c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Desired Environmental Outcomes

DEO Complies Comments

(a) Significant natural features such as the dense tropical rainforest adjoining the Wet Tropics area, the savannas, the major river systems, wetlands and wildlife corridors, areas identified in the Areas of Regional significance for the Conservation of Biodiversity under the FNQ Regional Plan are protected.

The proposal includes the clearing of remnant vegetation within the sales permit area. The clearing of vegetation within a Forestry Act 1959 Sales Permit area is not assessable development under the Sustainable Planning Act. The proposal is also an environmentally relevant activity (ERA). DEHP's standard conditions for the ERA require it to be undertaken in an environmentally responsible manner. The conditions also require the rehabilitation of the extraction site. The proposed extraction site is sufficiently separated from Brown Creek (approximately 300m) to ensure that the development will not compromise water quality. The proposal does not compromise this DEO.

(b) The values of significant cultural heritage features and heritage conservation, the components of which include aesthetic, architectural, historic, social or spiritual significance are conserved and protected.

The proposed development is not expected to impact on any significant heritage features. There are no known places of heritage significance in the locality.

(c) Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical contamination, dispersal of pollutants, effluent disposal and the like.

The nearest dwelling to the extraction area is located approximately 3.5 kilometres to the north-west. The proposed operation (extraction, screening and transportation or material) is sufficiently remote from this dwelling to be of little consequence from an amenity perspective. The proposal includes minor clearing of vegetation. The proposed development is an environmentally relevant activity that must comply with an extensive list of conditions to mitigate the potential for environmental harm to occur.


Compliance with the applicant's quarry management plan and the ERA conditions will ensure that this DEO is not compromised.

(d) Good quality agricultural land is conserved and protected from fragmentation and alienation.

The subject land is not identified as Good Quality Agricultural Land for the purposes of the Planning Scheme. The proposal does not compromise this DEO.

(e) Agricultural and forestry resources, mining, extractive activity in the rural sector are encouraged, facilitated and protected.

/× The proposed extractive industry is appropriate for the remote rural setting. The proposal does not compromise this DEO.

(i) The efficient use, extension and safe operation of infrastructure are maximised, including roads, rail, aerodromes, water and sewerage systems.

The proposed development is accessed off the Burke Developmental Road. The material extracted as part of the proposed development is to be used primarily for road maintenance and construction. The Department of Transport and Main Roads has conditioned the upgrading of the development's access onto the Burke Developmental Road. The proposal does not compromise this DEO.

(j) Threats to public safety and health associated with the natural and built environments, including flooding in the catchments of the Barron River and Mitchell River are minimised.

The proposed development is setback from Brown Creek and is not particularly sensitive to the impacts of flooding. The proposal does not compromise this DEO.

(r) The identification and protection of the amenity of noise sensitive development and liveability of residential areas.

The proposed development is sufficiently isolated so as to pose no threat to amenity or liveability. The proposal does not compromise this DEO.

(t) The protection of exiting heavy vehicle routes as shown on Maps R1 and R2 and existing and proposed extraction haulage routes from incompatible land use.

The proposed development will utilise the existing haulage routes and the material extracted will likely be used for the maintenance of the haulage routes. The proposal does not compromise this DEO.

Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:


Part 4, Division 14 Rural Zone Code Part 5, Division 8 Natural Disaster - Bushfire Overlay Code Part 6, Division 8 Extractive Industry Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval. Relevant Codes Comments

Rural Zone Code The application complies with applicable acceptable/probable solutions/performance criteria.

Natural Disaster Bushfire Overlay Code The application complies with applicable acceptable/probable

solutions/performance criteria. Extractive Industry Cose The application complies with applicable acceptable/probable

solutions/performance criteria. (e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual Any development works will be conditioned to be designed and constructed in accordance with the FNQROC Development Manual. (f) Adopted Infrastructure Charges Notice Roadworks As the proposed development will be accessed directly from a State controlled road, there is no contribution payable in accordance with Planning Scheme Policy No. 6 - Augmentation of the Road Network Contribution. REFERRALS Concurrence The application triggered referral to Department of State Development, Infrastructure and Planning as a Concurrence Agency for State Controlled Road matters. That Department advised in a letter dated 22 August 2014 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering.


PUBLIC NOTIFICATION The development proposal was placed on public notification from 5 August 2014 to 25 August 2014. The applicant submitted the notice of compliance on 25 August 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received. Council officers have identified minor non-compliance with the applicant's public notification. Under the Sustainable Planning Act 2009, the 15 business day public notification period is supposed to commence after the final public notification action has been completetd. The applicant mistakenly commmenced the 15 business day period on 5 August 2014 after notification of the neighbour and erection of the on site public notification sign. The final public notification action of a newspaper advertisement did not occur until 11 August 2014. The significant size of Lot 2496 on PH1440 (117,000 hectares) also makes it impractical to erect a public notice sign of each road reserve frontage and to notify every adjoining land owner. Instead, the applicant erected a public notice sign on the Burke Developmental Road immediately in front of the 2.5 hectare extraction area and notified the managers of Wrotham Park Station of the application. The limited number of previous planning applications over similarly size pastoral holdings have followed a similar public notification process. The public notification procedures followed in this instance are considered reasonable given the size and location of the actual extractive industry sales permit area. Section 304 of the Sustainable Planning Act 2009 allows Council to excuse minor non-compliance if Council is satisfied that the non-compliance has not- (a) adversely affected the awareness of the public of the existence and nature of the

application; or

(b) restricted the opportunity of the public to make properly made submissions. It is recommended that Council excuse the minor non-compliance and proceed to decide the application. PLANNING DISCUSSION Unlike previous applications for similarly sized extractive industries (5,000 tonnes to 100,000 tonnes per annum), the environmentally relevant activity aspect of this development will be managed by the Department of Environment and Heritage Protection (DEHP) through a separate application process. The DEHP's standard conditions for this environmentally relevant activity are included as Attachment 3 of this report. Date Prepared: 26 August 2014


ATTACHMENT 1

APPROVED PLANS (DWS VS 3584390)


ATTACHMENT 2


ATTACHMENT 3


ITEM-2 MULUNGU HEALTH CARE SERVICE - MATERIAL CHANGE OF USE - RESIDENTIAL UNITS (DUPLEX) - LOT 1 RP717124 - 20 MIDDLEMISS STREET MAREEBA, DA/14/0024


MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT AUTHOR TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

ATTACHMENTS: 1. Proposal Plan/s - Job No 090727 Drawing No. AWD 1 & AWD 3

2. Submitter letter EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is impact assessable and one (1) properly made submission was received in response to public notification of the application.

APPLICATION PREMISES APPLICANT Mulungu Aboriginal Corp

Primary Health Care Service

ADDRESS 20 Middlemiss Street, Mareeba

DATE LODGED 30 June 2014 RPD Lot 1 on RP717124 TYPE OF APPROVAL

Development Permit


Material Change of Use - Residential Units (Duplex)

FILE NO DA/14/0024 AREA 822 square metres LODGED BY CDS Architects OWNER Mulungu Aboriginal

Corp Primary Health Care Service

PLANNING SCHEME

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ZONE Residential zone LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS One (1)


It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and is in minor conflict with Probable Solutions PS1.5(i) (site cover) and PS1.6(ii) (population density) of the Planning Scheme's Residential Zone Code. There are sufficient grounds to approve the development despite these minor conflicts. It is recommended that the application be approved in full with conditions.


"1. That in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, the applicant be notified that the application for a development permit for the development specified in (A) is:

Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment manager’s advice in (D), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); And The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument. (A) APPROVED DEVELOPMENT: Development Permit for Material Change of Use -

Residential Units (Duplex)

(B) APPROVED PLANS:

(C) ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a) Development assessable against the Planning Scheme

1. Development must be carried out substantially in accordance with the approved

plans and the facts and circumstances of the use as submitted with the application, subject to any alterations:

APPLICATION PREMISES APPLICANT Mulungu Aboriginal Corp

Primary Health Care Service

ADDRESS 20 Middlemiss Street, Mareeba

DATE LODGED 30 June 2014 RPD Lot 1 on RP717124 TYPE OF APPROVAL

Development Permit


Material Change of Use - Residential Units (Duplex)

Plan/Document Number

Plan/Document Title Prepared by Dated

090727 AWD 1 Site and Floor Plan CDS Architects 29-6-14 090727 AWD 3 TP Elevations CDS Architects 29-6-14


- found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and

- to ensure compliance with the following conditions of approval.

2. Timing of Effect 2.1 The conditions of the development permit must be complied with to the

satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2 Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

3. General 3.1 The development approval would not have been issued if not for the

conditions requiring the construction of infrastructure within the conditions of approval.

3.2 The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.3 All payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to commencement of the use and at the rate applicable at the time of payment.

3.4 All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.5 Noise Nuisance Refrigeration equipment, pumps, compressors and mechanical ventilation systems must be located, designed, installed and maintained to achieve a maximum noise level of 3dB(A) above background levels as measured from noise sensitive locations.

3.6 Waste Management On site refuse storage area must be provided and be screened from view from adjoining properties and road reserve by a 1 metre wide landscaped screening buffer, 1.8m high solid fence or building.

3.7 Letterbox Each unit is to be provided with an individual letter box.

3.8 Clothes Drying area


Sufficient area for clothes drying is to be provided in addition to the open space requirements of the units and is to be appropriately screened from view of adjoining properties and the street.

3.9 Each residential unit must be used for the exclusive residential use of one (1) household.

4. Infrastructure Services and Standards 4.1 Access

An access crossover for the new Middlemiss Street driveway must be constructed (from the edge of the road pavement to the property boundary of the subject lot) in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer. The developer must ensure that any redundant vehicle crossovers are removed and reinstated with kerb and channel.

4.2 Stormwater Drainage/Water Quality (a) The applicant/developer must take all necessary steps to ensure a

non-worsening affect on surrounding land as a consequence of the development.

(b) All stormwater drainage must be collected from site and discharged to an approved legal point of discharge.

4.3 Car Parking/Internal Driveways The applicant/developer must ensure the development is provided with a minimum of three (3) on-site car parking spaces including one (1) visitor parking space, which are available solely for the parking of vehicles associated with the use of the premises. All car parking spaces and internal driveways must be concrete, bitumen or asphalt sealed and appropriately drained prior to the commencement of the use and to the satisfaction of Council's delegated officer. All car parking spaces and internal driveways must be constructed in compliance with the following standards, to the satisfaction of Council's delegated officer: - Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; - Australian Standard AS1428:2001 – Design for Access and Mobility.

4.4 Landscaping & Fencing (a) Prior to the commencement of the use, the site must be landscaped,

including mulching and irrigation, generally in accordance with the CDS Architects Drawing No AWD1 to the satisfaction of Council's delegated officer.


(b) All vegetation within five (5) metres of the common boundary with Lot 2 on RP717124 (22 Middlemiss Street) must not exceed 1.8 metres in height at maturity.

(c) Prior to the commencement of the use, a solid 1.8 metre high timber fence of neutral colour is to be erected along the site's eastern property boundary with Lot 2 on RP717124 (22 Middlemiss Street).

The abovementioned works are to be erected and maintained for the life of the development to the satisfaction of Council's delegated officer.

4.5 Frontage Works The developer is required to construct the following works, designed in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer: • Footpath earthworks, topsoiling and turfing reinstatement of all

disturbed footpath areas; • Adjustments and relocations necessary to public utility services

resulting from these works. Prior to works commencing, plans for the works described above must be approved by Council's delegated officer.

4.6 Lighting Where outdoor lighting is required, the developer shall locate, design and install lighting to operate from dusk to dawn within all areas where the public will be given access, which prevents the potential for light spillage to cause nuisance to neighbours and must be provided in accordance with Australian Standard 1158.1 – Lighting for Roads and Public Spaces. Illumination resulting from direct, reflected or other incidental light emanating from the subject land does not exceed 8 lux when measured at any point 1.5m outside the property boundary of the subject site. The lighting fixtures installed on site must meet appropriate lux levels as documented within Australian Standard 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

4.7 Water Supply Where the existing reticulated water supply does not currently service the site or is not at an adequate capacity, the developer is required to extend or upgrade the reticulated water supply infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended). If a new or upgraded water service connection is required to service the development, it must be provided in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer.


Each dwelling unit is required to be separately metered.

4.8 Sewerage Connection The developer must connect the proposed development to Council’s reticulated sewerage system in accordance with FNQROC Development Manual standards (as amended) to the satisfaction of Council’s delegated officer. Where sewerage connections are not available to the site, or where existing connections are not satisfactory for the proposed development, the developer is required to extend or upgrade the reticulated sewerage infrastructure to connect the site to Council’s existing infrastructure at a point that has sufficient capacity to service the development in accordance with FNQROC Development Manual standards (as amended).

(D) ASSESSMENT MANAGER’S ADVICE (a) The change in the use of the building may also require a change in the

classification of the building under the Building Act. The applicant is advised to contact a Building Certifier to establish if a change in the classification of the building is required.

(b) Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Planning Scheme Codes to the extent they have not been varied by a condition of this approval.

(c) Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(d) Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au.

(e) Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity.


Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au.

(E) RELEVANT PERIOD When approval lapses if development not started (s.341)

• Material Change of Use – four (4) years (starting the day the approval takes effect);

(F) OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

• Development Permit for Building Work

(G) OTHER APPROVALS REQUIRED FROM COUNCIL

• Compliance Permit for Plumbing and Drainage Work • Access approval arising from condition number 4.1. (The applicant is to

contact Council’s Regional Land Use Planning Group to obtain application form and applicable fee)."

THE SITE

The subject land is described as Lot 1 on RP717124, Parish of Tinaroo, situated at 20 Middlemiss Street, Mareeba. The land has an area of 822 square metres with frontages of approximately 18.3 metres to Sutherland Street and 45 metres to Middlemiss Street. Both frontage roads are bitumen sealed. Kerb and channel is provided along both road frontages, however only Sutherland Street is sealed to the kerb. The development side of Middlemiss Street has a grassed verge of approximately four (4) metres in width between the bitumen seal and kerb. The site is currently improved by a single storey building which between 2007 and 2013 was used as a community facility (medical service) by the applicant. Prior to 2007, the building was used as residential units (duplex). The residential unit use rights ceased upon the change to the community facility use. The existing building is positioned predominantly over the western half of the allotment leaving the eastern third of the allotment undeveloped. The site falls approximately two (2) metres from its highest point adjacent to Sutherland Street, to the lowest point in the north-eastern corner. The existing building is connected to the Council's reticulated water and sewerage networks. Overhead electricity and telecommunications are also connected to the existing building. The land is not encumbered by sewerage or water mains. The site is situated directly opposite the Mareeba State Primary School and approximately 400 metres south of the Mareeba Hospital. Existing residential units are developed on 20 & 22 Sutherland Street approximately 50 metres to the north of the subject site. The dominant zoning of the area is residential and the predominant form of development is detached houses on conventional residential lots.


BACKGROUND AND CONTEXT The building on the subject land was built and used as residential units (duplex) until 2007 when it was converted for use as a community facility. There is no longer a need to operate a community facility on the site and the applicant seeks approval to once again use the site as residential units (duplex). PREVIOUS APPLICATIONS & APPROVALS On 6 March 2007, Council issued Development Approval MCU/06/0001 authorising the establishment of a Community Facility (Medical Service) on the subject land. The land was used as a community facility from 2007 to 2013 when the use ceased and moved to a purpose built medical centre in Walsh Street, Mareeba. DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Residential Units (Duplex) in accordance with the plans shown in Attachment 1. It is proposed to convert the existing building to residential units (2 x 2 bedroom duplex), a purpose for which the building was originally constructed for and used for until 2007. A new covered carport will be constructed for each unit, with a new driveway to Unit 2 being constructed onto Middlemiss Street. The northernmost existing driveway on Sutherland Street will be removed and the existing carport converted to a verandah for Unit 1. Landscaping consisting of shrubs around the boundaries and extensive grassed areas is proposed. Visitor parking for each unit is proposed in the driveway for each respective unit. Generous open space areas will be made available for each unit. The applicant advises that the proposed units are intended to house medical practitioners and other health care workers assigned to Mulungu Aboriginal Corporation Primary Health Care Service by James Cook University and other teaching agencies. Generally, the medical practitioners will need to be housed for approximately six (6) months and the applicant advises that it has been difficult to find suitable short term accommodation. It is hoped that the proposed development will resolve this situation. REGIONAL PLAN DESIGNATION

The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031. Mareeba is identified a Major Regional Activity Centre in the Regional Plan. The Regional Plan Map 3- ‘Areas of Ecological Significance’ does not identify the site as being of any significance.


PLANNING SCHEME DESIGNATIONS

Planning Scheme Definitions The proposed use is defined as:-

Residential units means the use of premises for residential purposes comprising two or more dwelling houses which may be attached or detached.

RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:- (a) Far North Queensland Regional Plan 2009-2031 Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:

DRO 4.1 Compact Urban Form


4.1.1 Urban development is contained within the urban footprint

The subject land is located within the Mareeba Urban Footprint.

4.1.2 Urban development is sequenced to ensure logical and orderly land use and infrastructure delivery.

The proposed development represents infill development in an established residential neighbourhood. The infrastructure required to service the proposed development is already established.

4.1.4 Higher dwelling densities are achieved within appropriate areas.

The proposed development represents a population density of 58.4 persons per hectare. The site is is centrally located within Mareeba with good access to shops, schools and medical services. The site is considered to be appropriate for the proposed development.

4.1.6 An increasing proportion of dwellings are supplied from infill and redevelopment within appropriate areas.

The proposed development represents infill development in an established residential neighbourhood.

DRO 4.2 Regional Activity Centres


4.2.1 Regional activity centres are identified and operate as a network in accordance with the regional

Mareeba is identified as a Major Regional Activity Centre. The proposed development is consistent with Mareeba's position in the regional hierarchy.

Strategic Framework designation: Mareeba Major Urban Growth Node

Zone: Residential zone


hierarchy (see table 6 and map 9). 4.2.2 Development of regional activity

centres results in consolidation in the central core and surrounding frame, is of appropriate type and scale, and is accommodated by efficient use of land and buildings.

Residential unit development is an appropriate land use within the surrounding frame of the central business district. Residential units are an efficient use of land.

(b) State Planning Policy On 2 December 2013, the Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. This officer has conducted an assessment of the proposed development against the provisions contained within the SPP and it is not considered to be in conflict with any relevant aspect of the SPP. (c) Mareeba Shire Planning Scheme 2004 (amendment no. 01/11) Relevant Desired Environmental Outcomes

DEO Complies Comments

(g) The standard and location of the built environment, particularly in Mareeba and Kuranda, minimise the use of non-renewable resources, having regard to associated wastewater and effluent disposal infrastructure.

The subject land is serviced by existing water, sewerage, electrical and telecommunication infrastructure. Sutherland Street and Middlemiss Street are bitumen sealed. The proposed development will have a minimal impact on non renewable resources.

(h) All members of the community have appropriate access to relevant services and facilities that meet their needs and create a sense of community satisfaction.

The proposed development will increase the availability of rental accommodation within Mareeba. The location of the subject land provides for good access to existing shops, schools, medical facilities and recreational services.

(i) The efficient use, extension and safe operation of infrastructure are maximised, including roads, rail, aerodromes, water and sewerage systems.

The subject land is serviced by existing water, sewerage, electrical and telecommunication infrastructure. Sutherland Street and Middlemiss Street are bitumen sealed.

(l) Residential uses are consolidated in identified urban nodes, including the existing townships and settlements and the rural landscape is protected from encroachment of urban uses.

Mareeba is identified as a Major Urban Growth Node. The subject land is located within the Residential zone and within the Mareeba Major Urban Growth Node.

(n) Mareeba’s role and identity as the main business, economic centre and regional service centre and gateway to the Cape is consolidated.

The proposed development reinforces Mareeba's intended role.


(o) The Mareeba township and the Myola district, as identified by the Myola Feasibility Study are the primary residential nodes to accommodate future urban growth in accordance with the FNQ Regional Plan.

The application proposes an urban development within the Mareeba township.

(s) The provision of pedestrian and bicycle facilities in urban areas.

The development can be conditioned to require a concrete pathway along the frontage of the site. The closest existing concrete pathway is approximately 185 metres away on Atherton Street. Conditioning the development to provide an isolated section of pathway in this instance is considered unreasonable.

Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, Division 6 Residential Zone Code Part 6, Division 5 Car Parking Code Part 6, Division 15 Landscaping Code

The application included a brief planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval. Relevant Codes Comments

Residential Zone Code The application complies with applicable acceptable/probable solutions/performance criteria apart from the following:

4.33 Residential Units, Probable Solution 1.5(i)

4.33 Residential Units, Probable Solution 1.6(ii)

Refer to planning discussion section at the end of this report. Car Parking Code The application complies with applicable acceptable/probable

solutions/performance criteria. Landscaping Code The application complies with applicable acceptable/probable

solutions/performance criteria. (e) Planning Scheme Policies/Infrastructure Charges Plan The following planning scheme policies are relevant to the application: No. 4 - Development Manual All development works are required to be designed and constructed in accordance with FNQROC Development Manual standards. (f) Adopted Infrastructure Charges Notice


Water Supply The subject land retains the infrastructure charge credits applicable for the previous residential units (duplex) land use. Accordingly, there is no additional water supply infrastructure charge applicable for the re-establishment of the residential units (duplex) land use. Sewerage Supply The subject land retains the infrastructure charge credits applicable for the previous residential units (duplex) land use. Accordingly, there is no additional sewerage infrastructure charge applicable for the re-establishment of the residential units (duplex) land use. Roadworks The subject land retains the infrastructure charge credits applicable for the previous residential units (duplex) land use. Accordingly, there is no additional augmentation of the road network infrastructure charge applicable for the re-establishment of the residential units (duplex) land use. Parks The subject land retains the infrastructure charge credits applicable for the previous residential units (duplex) land use. Accordingly, there is no additional open space infrastructure charge applicable for the re-establishment of the residential units (duplex) land use. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering PUBLIC NOTIFICATION The development proposal was placed on public notification from 4 July 2014 to 1 August 2014. The applicant submitted the notice of compliance on 18 August 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act.


One (1) properly made submission was received. The grounds for submission are summarised and commented on below:

Submitters

PLANNING DISCUSSION Noncompliance with the relevant acceptable solutions or probable solutions/performance criteria contained within the above Codes are summarised as follows:

Grounds for submission Comment

Does not object but requests strict conditions be imposed due to past problems with community facility (car parking) / youth drop in centre (noise from amplified instruments).

It is acknowledged that the car parking impacts of the community facility (medical service) use of the subject site grew beyond the level originally envisaged by the applicant and Council.

It is also acklowedged that the applicant did recognise this problem and in response, constructed a new purpose built medical service building in Walsh Street, Mareeba.

Council officers were unaware of the interim use of the subject site as a youth drop in centre. If this use had been raised with Council, action would have been taken to resolve the matter. It is noted that this use has now ceased.

The development will be conditioned in accordance with the standard conditions for residential units. In the event that there is any future non compliance with conditions, action will be taken to ensure compliance.

Population density could be exceeded, request that Council condition.

The planning scheme's population density assumption is 2.4 persons per two bedroom unit. It is always possible that the actually number of person residing in a two (2) bedroom unit could exceed 2.4 persons.

To provide a level of reassurance to the submitter, it is proposed that the development be conditioned so that each unit is used for the exclusive residential use of one (1) household.

Requests that trees are not planted too close to the boundary with 22 Middlemiss Street where they could block gutters, cause damage etc.

The development will be conditioned to require any vegetation within five (5) metres of the common boundary with 22 Middlemiss Street not to exceed 1.8 metres in height.

Name of principal submitter Address

1. S Stafford 22 Middlemiss Street, Mareeba


Residential Zone Code - 4.33 Residential Units

S1 Residential units are located close to essential services and do not detrimentally affect the amenity of the locality (Preferred Area No 1, as identified on Planning Scheme Maps Z2 and Z3). PS1.5 For land outside Preferred Area No 1 (Site Cover):

(i) for one storey buildings, 30%; and

PS1.6 Population density does not exceed: (ii) for land outside Preferred Area No 1 - 50 persons per hectare.

Comment The existing building has a site cover of approximately 34.9% and obviously exceeds PS1.5(i) by 4.9%. The proposed development will not significantly alter the existing site cover to the extent where it would detrimentally affect the amenity of the locality. It is worthwhile noting that a self assessable dwelling house on the same lot could lawfully cover up to 50% of the site. The proposed development represents an assumed population density of 58.4 persons per hectare. This density would exceed the 50 persons per hectare density nominated by probable solution PS1.6(ii). The Mareeba Shire Planning Scheme 2004 calculates population density at 2.4 persons per two (2) bedroom unit. These population density assumptions are carried over from the 1982 planning scheme and as such, do not reflect the reduction in average household sizes that has occurred over the past 30 years. Notwithstanding the relatively minor exceedance of the probable solution population density, development which is consistent with Specific Outcome S1 is consistent with the Residential Zone Code. With regard to Specific Outcome S1, the proposed development is located within reasonable proximity to essential services and commercial services. The site is located within 800 metres of the Mareeba Post Office, 400 metres of the Mareeba Hospital and directly opposite the Mareeba State Primary School. The proposed development is also unlikely to detrimentally affect the amenity of the area. The existing building will be retained and converted for the two proposed units. The site will be landscaped and a 1.8 metre high timber paling fence is proposed along the common boundary with 22 Middlemiss Street. The proposed development is considered to be relatively low intensity and is unlikely to have an adverse effect on the character or amenity of the area. The development satisfies Specific Outcome S1.

Date Prepared: 18 August 2014


ATTACHMENT 1 APPROVED PLANS (DWS VS 3572662)


ATTACHMENT 2


ITEM-3 APPLICATION TO LEASE USL - LOT 23 ON AP11281 PARISH OF GARIOCH


MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the issue of a lease over land described as Lot 23 on AP11281, Parish of Garioch. The proposed use of the land is grazing of beef cattle and bushfire hazard reduction. DNRM seeks Council's views on the issue of the lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the issue of a lease for beef cattle grazing and bushfire hazard reduction over land described as Lot 23 on AP11281, Parish of Garioch and advise the Department of Natural Resources and Mines that Council is not aware of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application to lease unallocated State land described as Lot 23 on AP11281, Parish of Garioch. The subject land has an area of 215 hectares and is situated approximately 1.5 kilometres south of Bakers Road, Mount Molloy. The land has approximately 1.4 kilometres of frontage to unconstructed road reserve, but no frontage to a constructed road. The land is not known to contain any structures and remains predominantly vegetated with the exception of several fire maintenance tracks and an old gravel pit.



Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws. Should a lease be granted, it is proposed that the land be used for the grazing of beef cattle and bushfire hazard reduction in conjunction with the same activities on adjoining Lot 4427 on SP167725.


DNRM seeks Council's views on the issue of the lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal Nil External Nil

LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the use of the land for the grazing of beef cattle and bushfire hazard reduction. There are no known non-indigenous cultural heritage values associated with the subject land.

FINANCIAL & RESOURCE IMPLICATIONS

Nil

IMPLEMENTATION/COMMUNICATION

The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter dated 13 August 2014 Date Prepared: 18 August 2014


ATTACHMENT 1


ITEM-4 CONVERSION OF TERM LEASE 0/221717 - LOT 4427 SP167725 PARISH OF GARIOCH


MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion to freehold of Term Lease 0/221717 over land described as Lot 4427 on SP167725, Parish of Garioch, situated at Mulligan Highway, Mount Molloy. The existing and proposed use of the subject land is beef cattle grazing. DNRM seeks Council's views on the conversion to freehold and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.


"That Council offer no objection to the conversion to freehold of land described as Lot 4427 on SP167725, Parish of Garioch, and further advise the Department of Natural Resources and Mines that Council is unaware of any non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Term Lease 0/221717 over land described as Lot 4427 on SP167725, Parish of Garioch, situated on Mulligan Highway, Mount Molloy. The subject land has an area of 1,100 hectares and is located largely to the south-east of Mount Molloy. The existing lease is for grazing purposes and the land contains several dams and fencing for this purpose. DNRM has requested Council's views on the proposed conversion and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.



Nil

CONSULTATION



Nil

POLICY IMPLICATIONS

The subject land is zoned Rural under the Mareeba Shire Planning Scheme. There is no objection to the continued use of the land for beef cattle grazing purposes. There are no known non-indigenous cultural heritage values associated with the land.


Nil


The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources and Mines letter dated 13 August 2014. Date Prepared: 18 August 2014


ATTACHMENT 1


GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-5 FINANCIAL AND IN-KIND SUPPORT PROGRAM POLICY

26 AUGUST 2014 DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Manager Community Wellbeing DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

The Financial and In-Kind Support Program policy was reviewed by Councillors at a workshop on 18 June 2014 and the amended policy endorsed at the Council meeting on 2 July 2014. This report is to recommend two (2) further amendments to the policy in keeping with the intention of 18 June 2014 workshop.


"That Council endorse the amended Financial and In-Kind Support Program policy attached."

BACKGROUND

1. Exceptional Projects - Cash Donations The intention of the workshop held on 18 June 2014 to review the Financial and In-Kind Support Program was to focus future cash donations on those exceptional projects demonstrating significant social, economic and/or environmental benefit and outcomes and were clearly aligned to the Corporate Plan goals and strategies. The amended policy reflects this intention by removing reference to $2,000 cash donations being an eligible type of assistance under the program. 2. Delegated Authority The intention of the workshop was to make the administration of the Financial and In-Kind Support Program as streamlined and efficient as possible and having appropriate arrangements in place for delegated authority enables this to be achieved. The amended policy enables the Mayor and Chief Executive Officer to have the delegated authority to make variations to particular circumstances regarding assistance provided under the Financial and In-Kind Support Program.


COM 3 Encourage the building of strong partnerships with community, private sector and government so as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community.


CONSULTATION

Internal Community Development and Engagement Officers Chief Executive Officer External NIL


Nil

POLICY IMPLICATIONS

Amended Financial and In-Kind Support Program policy attached for endorsement


Capital Nil Operating Amended policy allows administration of FIKS program to remain within 2014/15 budget Is the expenditure noted above included in the 2014/2015 budget? Yes


Amended policy to be available publicly on council website

ATTACHMENTS

1. Financial and In-Kind Support Program Policy ECM:3585895 Date Prepared: 26 August 2014


FINANCE ITEM-6 MAYOR'S COMMUNITY APPEAL GIFT FUND POLICY DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 03 September 2014 REPORT OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

The purpose of this report is for Council to endorse the amended MSC Mayor's Community Appeal Gift Fund Policy as per the Australian Taxation Office requirements.


"That Council adopt the amended MSC Mayor's Community Appeal Gift Fund Policy."

BACKGROUND

Council adopted the "Mayors Community Appeal Gift Fund" policy on 6 August 2014. In order for people to claim income tax deductions for their donations towards a beneficial fund, the fund must be endorsed by the Australian Tax Office (ATO). The Mayors Community Appeal Gift Fund policy did not fully comply with ATO guidelines, for deductible gift recipient status, on a couple of minor points and has requested Council amend the policy. The modifications have been highlighted in yellow (Attachment A).


COM 1 - Develop a community engagement strategy to encourage inclusiveness and partnerships within communities and a sense of common identity. COM 3 - Encourage the building of strong partnerships with community, private sector and government to as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community.


CONSULTATION

Internal Director Corporate and Community Services External Australian Taxation Office


NIL

POLICY IMPLICATIONS

This report recommends the adoption of the Mayor's Community Appeal Gift Fund Policy.


Capital NIL Operating NIL Is the expenditure noted above included in the 2014/2015 budget? NIL If not you must recommend how the budget can be amended to accommodate the expenditure NIL


1. The policy will be communicated to all affected parties; 2. A bank account will be established; and 3. An application for the fund to obtain deductible gift recipient status will be submitted

to the ATO.

ATTACHMENTS

1. MSC Mayors Community Appeal Gift Fund Policy Date Prepared: 27 August 2014


INFORMATION SYSTEMS AND CUSTOMER SERVICE ITEM-7 REQUEST FOR APPROVAL TO INTER MR LLOYD

STEWART OUTSIDE COUNCIL CEMETERY DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Coordinator Customer Service DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

The immediate and extended Stewart family would like to fulfil the wishes of the late Lloyd Stewart to be buried on the land situated at 206 Fisher Road, Mareeba, QLD 4880.


"That Council: 1. decline the interment of Mr Lloyd Stewart at 206 Fisher Road, Mareeba due to the lack

of special historic association to the land. The application does not meet the requirements of Council's policy and procedures; and

2. delegate authority to the CEO to approve such requests in the future."

BACKGROUND

On Tuesday 26 August 2014 a member of the Stewart family contacted Council and advised that Mr Lloyd Stewart had passed away. At this point they were already aware of Council's requirements to apply for approval to inter human remains outside a Local Government Cemetery. Currently an application for approval must be made in writing to Council and be accompanied by: (a) details of the person being buried or disposed of and the interment site or other place in which the remains are to be buried or placed; and (b) details of when and how the remains are to be disposed of; and (c) the written agreement of the owner of, and anyone else with a registered interest in, the land on which the remains are to be buried or placed; and (d) Global Positioning System (GPS) reference points to identify the proposed interment location; and (e) a survey plan by a licensed surveyor detailing the location of the interment site; and (f) information supporting the special historical association between the deceased person and the place at which the remains are to be buried or placed.


Council anticipates having the required documentation as per items (a), (b), (c) and (f) by Council's ordinary meeting date scheduled for Wednesday 3 September 2014. There may be a delay in obtaining items (d) and (e) from a licensed surveyor given the extensive work involved in providing this information. Given that Mr Lloyd Stewart passed away on Monday 25 August 2014 the family would like to conduct an interment as soon as possible and seek approval in principle so that they can commence arrangements.


Nil

CONSULTATION

Internal Cemeteries Officer Coordinator Customer Service Manager Information Systems External Nil


Nil

POLICY IMPLICATIONS

Nil


Nil


Nil

ATTACHMENTS



GOVERNANCE AND COMPLIANCE ITEM-8 AUDIT COMMITTEE CHAIR REPORT DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Director Corporate and Community Services DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This report is presented to confirm the appointment of Audit Committee - Independent Chairperson (EOI-MSC2014-03).


"That Council confirm the appointment of Katrina Faulkner as Audit Committee - Independent Chairperson (EOI-MSC2014-03)."

BACKGROUND

In accordance with Section 105 of the Local Government Act 2009, a local government must establish an Audit Committee. Section 210 of the Local Government Regulation 2012 sets out the requirements relating to the composition of members of the Audit Committee. At the post-election (first) meeting of the new Council held on 2 January 2014, Council resolved that the Mareeba Shire Audit Committee comprise two councillors (Crs Graham and Holmes) and an independent member as chairperson, and that expressions of interest be called for the appointment of the independent chairperson. In accordance with the above resolution, Council advertised for Expressions of Interest (EOI) for the position of Audit Committee - Independent Chairperson in June 2014 with a closing date of 17 July 2014. Four EOI's were received and a shortlisting prepared based on the applicants' qualifications, experience and proposed remuneration. Reference checks and discussions have been held with the preferred applicant and further to Council's verbal endorsement during the workshop on 20 August 2014, Katrina Faulkner has been offered this position for a period of two years. Council's official confirmation of this appointment is now sought.



GOV 5 - Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective and safe work practices and systems.

CONSULTATION

Internal Discussed with Council at workshop held on 20 August 2014. External Nil


Council has a statutory obligation under the Local Government Act to appoint an Audit Committee. A key role of the Audit Committee is to review Council's exposure to risk and the strategies that are in place to mitigate that risk.

POLICY IMPLICATIONS

Audit Committee and Internal Audit policies, charters and terms of reference were adopted by Council at its meeting held on 4 June 2014.


Nil


All applicants will be advised of the appointment and an Audit Committee meeting will be called prior to end September 2014.

ATTACHMENTS

Nil Date Prepared: 22 August 2014


ITEM-9 CORPORATE PLAN DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate & Community Services EXECUTIVE SUMMARY

This report presents the draft Mareeba Shire Council Corporate Plan 2014 - 2019 for formal adoption by Council. The draft Plan was publicly advertised for a period of six weeks with the closing date for submissions being 15 August 2014. No public submissions were received, however, submissions were made by four Council staff members and their comments have been incorporated, where relevant, into the draft document.


"That Council adopt the Mareeba Shire Corporate Plan 2014 -19 as attached to this report."

BACKGROUND

Following de-amalgamation, a requirement of the new Mareeba Shire was the preparation of a new 5 year Corporate Plan. For the period 1 January 2014 to 30 June 2014, the four new local governments that came into existence on 1 January 2014 were exempted from the requirement to prepare a 5 year Corporate Plan by section 340 of the Local Government Regulation 2012 (Chapter 13 Transitional provisions for Local Government Legislation Amendment Regulation (No 4) 2013). However, while there was no requirement to have a Corporate Plan in place for the first 6 months of operation, there was a need to ensure that a new Corporate Plan was developed in time for the adoption of the 2014/15 budget. To assist with the development of the new Corporate Plan, a one day planning workshop facilitated by an external consultant was conducted on 23 May 2014 and was attended by the Mayor, Councillors, Chief Executive Officer and senior management staff. From this workshop, a draft vision, mission, goals and strategies were prepared by the consultant and these were then incorporated into a draft Corporate Plan by Council's Governance section. The draft document was workshopped with the Executive Management Team initially and then with the Mayor and Councillors on 18 June 2014.


Further input by Councillors and senior staff was incorporated into the draft document for adoption at the Ordinary Meeting of Council on 2 July 2014 for the purpose of public consultation and also for the purpose of adoption of the 2014/15 budget. An advertisement advising of the availability of the draft Plan and requesting public comments and submissions was placed in the Mareeba Express, Tablelands Advertiser, Kuranda Paper and Cairns Post with a submission period of 6 weeks closing on 15 August 2014. The draft Plan was also posted on Council's website and hard copies made available in Council service centres and libraries. There were no public submissions or comments received in relation to the draft Plan, however, four responses were received from Council staff, the main ones being a submission by Council's Environmental Officer regarding the environmental strategies and a submission from Council's Technical Officer in relation to asset management. A further submission was received from the WHS Officer re the inclusion of workplace health and safety content and a submission was also received from Council's Librarian. Where appropriate, the amendments put forward by staff have been incorporated into the draft document. The draft Plan is now submitted for formal adoption by Council.


The adoption of the 2014 - 19 Corporate Plan will allow future reports to Council to be linked to the strategies contained within the Plan.

CONSULTATION

Internal All Councillors and staff were provided the opportunity to have input to the Corporate Plan. External By public advertisement and posting on the Council's website, the general public were provided the opportunity to have input to the Corporate Plan.


It is a requirement of the Local Government Act 2009 and Local Government Regulation 2012 that each local government prepare a 5 year Corporate Plan.

POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil



Once adopted, the Corporate Plan will be placed on the Council's website for public access. It is also intended that a briefing session will be held with management and supervisory staff in relation to implementation of the Corporate Plan.

ATTACHMENTS

1. Corporate Plan 2014-19. Date Prepared: 25 August 2014


ITEM-10 PUBLIC LIABILITY INSURANCE COVER FOR COMMUNITY EVENTS


MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

The conduct of various community events in which Council has some involvement in the actual organisation and running of the events or for which financial support is provided, has raised the question of public liability insurance cover for such events. Council's public liability insurer, LGM Queensland, has very strict Scheme rules around the provision of liability coverage to bodies outside of Queensland local government. There exists a misconception that merely because a member Council is associated with an event, an "umbrella" liability cover applies to that event. This is not necessarily the case as cover extends only to the member Council as defined in the Scheme Rules and Wording. This report discusses the applicability of Council's LGM public liability insurance cover to events such as the Mareeba Multicultural Festival, the Great Wheelbarrow Race, the Kuranda Easter Festival and the Kuranda Day Festival and recommends actions to be taken by Council to ensure that appropriate cover is in place for these events.


"That: 1. Council note the public liability insurance arrangements that are in place through the Tourism Kuranda Advisory Committee with respect to the conduct of the annual Kuranda Easter Festival and Kuranda Day Festival and also note that the formal appointment of members of the Advisory Committee last took place in September 2012 with members appointed by the Tablelands Regional Council for a three year term. 2. Subject to discussion with the existing Mareeba Multicultural Festival Committee and the Great Wheelbarrow Race Organising Committee, Council formally assume ownership and ongoing responsibility for the organisation and conduct of the annual Mareeba Multicultural Festival and the Great Wheelbarrow Race, and appoint Special Committees under section 264 of the Local Government Regulation 2012 for both events, with the organisation and running of the events to be under the direction of Council's Events Officer. Further, that it be Council's intention that both Committees work towards becoming independent, stand-alone Committees over a period of two to four years.


3. The responsible Council officers ensure that risk assessments are carried out and documented for all significant events conducted by Council."

BACKGROUND

As part of its role in developing liveable communities, promoting community pride and encouraging participation in cultural and recreational activities, Council supports and participates in the organisation of a number of significant community events. Apart from the cultural and recreational benefits to the local communities, these events also have positive economic benefits and attract visitors and participants from other parts of Australia and some even from overseas. An integral component of the organisation and running of any event is the consideration of relevant risks, particularly issues of safety to persons attending the event as well as the public in general, and the necessity to have in place appropriate risk mitigation strategies backed up by public liability insurance cover to guard against those risks. Council is a member of LGM Queensland which was set up specifically to provide public liability and professional indemnity insurance cover to Queensland local governments. LGM Queensland is owned and operated by, and for the benefit of, Queensland local government and membership is therefore limited to local government and closely related bodies. The protection afforded by LGM membership is only for the benefit of the Member as defined in the Scheme Rules and Wording. There appears to exist, however, a general misconception that because a Council has some association with a community event or because the event is being held in or at a Council owned facility, the Council's public liability insurance coverage automatically extends to cover that event and all parties involved with the event. This is not necessarily the case. LGM Queensland has from time to time considered the general issue of providing liability coverage to other parties which are external to Queensland local government, however, they have consistently taken the view that LGM Queensland should not unnecessarily assume the liability of exposures of bodies which are outside of local government and over which local government does not have direct and genuine control. Having regard to the above and the fact that the protection afforded by LGM membership is for the benefit of LGM members only, the definition of Member as per the Scheme Rules and Wording needs to be considered. A Member means: • The Mayor, Chairman, Councillors, Board Members, Executives, Officers and

Employees of the Member; • Members of any committee established by the Member under the Local Government Act

or any other enabling legislation; • Welfare Organisations, Fire, Medical and Emergency Services and Voluntary Workers

whilst acting within the scope of their duties for and on behalf of the Member. The two relevant categories of external persons who fall within the above definition are members of committees appointed by Council and voluntary workers. It should be noted that if a committee is not established by the Council under relevant legislation, the members of that committee are not entitled to protection from LGM. Legislated Committees under Local Government Act


The Local Government Regulation 2012 provides that a Council may appoint standing committees, special committees and advisory committees. A standing committee is a committee constituted to deal with a particular area of the Council's jurisdiction on an ongoing basis whereas a special committee is one constituted to examine and/or deal with a particular specific subject or issue. Accordingly, standing committees exist indefinitely to deal with matters arising from time to time that fall within their jurisdiction eg a Works Committee, a Planning Committee, a Finance Committee. Special committees, on the other hand, are ordinarily dissolved once they have done the specific job assigned to them, however, there is probably no reason why a special committee could not have an ongoing function such as the organisation and conduct of an annual signature event. Advisory committees, similar to special committees, are appointed to examine and/or deal with a specific subject or issue and provide advice and recommendations to Council. While it is not generally intended that they have ongoing operation or an indefinite lifespan, it is possible that some advisory committees can end up having an ongoing operation in practice because of the range of matters referred to them. Kuranda Easter Festival and Kuranda Day Festival The above two festivals are organised and run under the umbrella of Tourism Kuranda which is a formal advisory committee of Council, appointed in accordance with the provisions of the Local Government Regulation 2012. Appointment of members of the Committee last took place in September 2012 by the Tablelands Regional Council (Ordinary Meeting 6 September 2012) with the appointment being for a three year term. As this Committee is specific to Kuranda, its functions automatically transferred over to the new Mareeba Shire Council on de-amalgamation. Council's Tourism Kuranda Executive Officer plays a leading role in the organising and running of both of the Kuranda Festivals. As an advisory committee of Council, Tourism Kuranda falls within the definition of Member as per the LGM Scheme Rules and Wording. The Committee also has an ongoing role as it is responsible for overseeing the promotion of Kuranda as a premier tourist destination as well as management of the funds raised through the Kuranda Benefited Area rate which is levied by Council on Kuranda businesses. Through the Committee and the Tourism Kuranda Executive Officer, Council is therefore directly involved in the organisation and running of the Kuranda events and should meet LGM's criteria for coverage under Council's policy. It should be noted, however, that the coverage provided extends to members of the Committee only or persons who fall within the definition of Member as per the Scheme Rules and Wording eg volunteers. Coverage does not apply to other persons participating in the planning and conduct of an event if they do not fit within the definition of Member. For example, persons who might be intending to operate a stall at the event are not covered. Similarly, other non-defined persons including contractors, amusement ride operators, competitors in sporting competitions, spectators and parade participants would also not be covered. A further point to note is that, if a person falls within the definition, the protection provided is only for that person's legal liability owed to a third party; it does not cover personal injury or property damage sustained by the person him/herself.


Mareeba Multicultural Festival The Mareeba Multicultural Festival Committee has been in operation since 1999. Council has a representative on the Committee, Cr Graham being the current appointee. While it is understood that the Festival was a Council initiative and the original Committee was appointed by the former Mareeba Shire Council, there appears to have been no follow up to this over the years and the Committee has basically operated as an independent, stand-alone Committee with Council providing financial and in-kind assistance as required. Although the current Committee would not therefore be considered a formally appointed Council committee, there appears to have been an assumption made in the past that because Council provides assistance to the Committee, both financial and in-kind, and because the event is held on land under Council's control (Arnold Park), the Committee is covered by Council's public liability policy. To qualify for coverage under Council's policy, the Committee has to meet the requirements of the definition of Member. Council could, therefore (with the agreement of the Committee), pursue the avenue of making the Committee a formal committee of Council. Alternatively, as noted previously, the other category of persons who fit within the definition of Member is volunteers, however, as noted in the definition, cover is only provided to volunteers whilst acting within the scope of their duties for and on behalf of the Member Council. In order for them to be carrying out their duties for and on behalf of Council, it would be necessary for Council to assume full control of the organisation and running of the Multicultural Festival and for the existing Committee members to then be considered as volunteers assisting Council to run the Festival. It should be noted that in accordance with LGM's requirements, volunteers need to be appropriately appointed, managed and supervised which includes the provision of relevant training. In particular, satisfaction of Work Health and Safety legislation requirements would be a key component of the induction process. It should also be noted, as indicated in relation to the Kuranda events, that the cover available to either members of a Council appointed Committee or to volunteers, as part of Council's membership of LGM, is limited to a committee member's or a volunteer's legal liability. That is, if a committee member or volunteer causes injury or damage to another person as a result of the committee member's or volunteer's negligence, then that liability can be covered by LGM. However, LGM cover does not extend to personal injury or property damage sustained by a committee member or volunteer, unless of course the injury or damage is caused by another party who is entitled to the LGM cover. In all cases, separate volunteers insurance needs to be in place to cover personal injury to a volunteer. Also, as with the advice provided in relation to the Kuranda Festivals, coverage is not available to stall holders, amusement ride operators etc. Great Wheelbarrow Race As with the Multicultural Festival Committee, the Great Wheelbarrow Race Organising Committee is not a formally appointed committee of Council although Cr Brown is Council's representative on the Committee. As such, this Committee is also not automatically covered by Council's public liability insurance policy. A similar process to that proposed for the Multicultural Festival therefore needs to be followed with the Great Wheelbarrow Race Organising Committee, that is, subject to the


Committee's agreement, Council should assume ownership and full responsibility for the organisation and conduct of the Great Wheelbarrow Race and either make the Committee a formal committee of Council or pursue the avenue of appointing the existing Committee members as volunteers under the direction of Council's Events Officer for the purpose of assisting with the conduct of the event. Other Options Other options for provision of insurance cover for the both the Multicultural Festival and Great Wheelbarrow Race are: • The existing Committees continue to organise and run the events and responsibility

remains with those Committees for the provision of their own public liability insurance cover. In this regard, Jardine Lloyd Thompson, who manage LGM Queensland, provide affordable insurance for community groups through a separate arm of their company, Local Community Insurance Services (LCIS).

• The existing Committees continue to organise and run the events and provide their own

public liability insurance cover, however, the cost of obtaining the insurance cover through LCIS is met by Council by way of an equivalent increase in the amount of financial support provided by Council for both events.

Preferred Option for Multicultural Festival and Great Wheelbarrow Race The preferred option, as workshopped with Council on 21 August 2014, is for Council to formally assume ownership of both events by appointing the organising committees as Special Committees of Council under the supervision of Council's Events Officer, and for both Committees to then work towards becoming independent, stand-alone committees over a period of 2 - 4 years. Risk Management As noted at the beginning of this report, the management of risks is a critical component of the organisation and conduct of any event. Should an incident occur for which a claim is made against Council, one of the first things that LGM will request of Council is a copy of the risk assessment carried out by Council and the steps taken to mitigate any identified risks. In this regard, Council does have an Events Risk Management Procedure and Checklist already in place and it is imperative that a risk assessment be carried out for each event and the relevant documentation completed. Failure to do so may jeopardise the cover provided by LGM Queensland.


COM 4 - Encourage vibrant and active community participation in arts, culture and natural heritage activities to enrich lifestyle and encourage tourism.

CONSULTATION

Internal Chief Executive Officer


External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL, RISKS)

Section 175(1) of the Local Government Regulation 2012 provides that a local government's annual Operational Plan must state how the local government will manage operational risks. As noted in the body of the report, risk assessment is a critical component of the organisation and conduct of any event. Should the Council fail to properly manage any identified risks, it could be exposed to legal action with significant financial cost and reputational damage.

POLICY IMPLICATIONS

Council has in place an Events Risk Management Procedure and Checklist which should be utilised and documentation completed for each significant event conducted by Council.


Nil


Subject to the report recommendation being adopted, discussions will be held with the Multicultural Festival Committee and the Great Wheelbarrow Race Organising Committee in relation to implementation of the proposals.

ATTACHMENTS

1. Extract from the LGM Queensland Event Risk Management Guide 2014. 2. King & Company legal commentary on sections 264 and 265 of the Local Government

Regulation 2012. 3. LGM Queensland Volunteers Information Sheet. 4. Information on Local Community Insurance Services. Date Prepared: 25 August 2014


INFRASTRUCTURE SERVICES

TECHNICAL SERVICES ITEM-11 DRAINAGE ISSUES AT THE REAR OF 8 DAMIEN

STREET, MAREEBA DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Coordinator Technical Services DEPARTMENT: Infrastructure Services, Technical Services Group EXECUTIVE SUMMARY

It has been requested that Technical Services Section undertake a design and a cost estimate to fix drainage problems that are occurring at the rear of Lot 19 SP206329, Mareeba. The purpose of this report is to inform Council that the design has now been completed and the works are estimated to cost $20,000.


"That Council approve the design and authorise the release of funds from Developer Contributions to undertake the proposed remedial drainage works located in the existing easements; J SP206329 and A SP226631, at Lot 19 SP206329 Mareeba at an estimated cost of $20,000."

BACKGROUND

During heavy rainfall events there have been ongoing issues with overland stormwater flows between adjacent properties within Mareeba and in particular where new subdivisional work has been carried out. Incorrect guidelines in the FNQROC Development Manual regarding inter-allotment drainage have contributed to the problem and amendments are currently being made to the manual to rectify the problem. This will ensure this is not repeated in future new subdivisions. Council in the past has decided to carry out similar remedial works on Kenneally Road due to inter-allotment drainage problems. Drainage problems at Lot 19 SP206329 have occurred where heavy rainfall runoff is not contained within the existing barrier kerb and channel, located at the rear of this property and Lot 20 SP206329 (refer attached) which has caused scouring on the downstream property. It has been requested that the Technical Services Section carry out investigations and then prepare a design and a preliminary cost estimate for possible rectification works. A site


inspection was undertaken by Council Officers and a site survey was carried out in order for a preliminary design to be completed. The design provides for a new field inlet pit to be constructed on the corner of the existing barrier kerb and channel, the removal of the existing barrier kerb and channel in Easement J SP206329; the installation of underground stormwater drainage from the new field inlet pit to the existing field inlet pit at the front of the property and the construction of secondary flow table drain in the existing Easement A set of preliminary plans is attached and a breakdown of cost estimate below.

- Survey and set out $1,500 - Service location, site establishment, erosion sediment control and

demolish existing barrier kerb and channel in easement $2,600 - Lay and backfill 375 diameter blackmax pipe and tie into existing

field inlet pit $7,350 - Construct new field inlet pit $3,500 - Construct new apron to existing field inlet pit $1,650 - Earthworks for low flow table drain in easement $1,270 - TSSU (8%) $1,447

Preliminary total cost of works $19,537 These proposed works will effectively retain the majority of the overland flow from the barrier kerb and channel, located behind Lot 19 SP206329 and Lot 20 SP206329 respectively, and prevent any major scours occurring to the downstream properties. The works are placed before Council for consideration with possible funding from Developer Contributions.


ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION

Internal Mayor Director Infrastructure Services Manager Technical Services Manager Works Technical Services Coordinator External Property owner of Lot 19 SP206329


Nil


POLICY IMPLICATIONS

Nil


Capital The works are estimated to cost $20,000 Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Recommend project be funded from Developers Contributions


Necessary communications will be provided to the property owner of Lot 19 SP206329, Mareeba.

ATTACHMENTS

1. Drawing 14-038; 2. Locality Map. Date Prepared: 21 August 2014


ITEM-12 DISPOSAL OF SURPLUS PLANT AND EQUIPMENT DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Coordinator Fleet and Workshop DEPARTMENT: Infrastructure Services, Technical Services Group EXECUTIVE SUMMARY

To inform Council of the proposed sale of surplus plant and equipment identified for disposal. The plant and equipment identified is in excess of Council's current requirements and will be offered for sale by public tender.


"That Council delegate authority to the CEO for the disposal of surplus moveable assets."

BACKGROUND

A check has been made of all surplus plant and equipment currently not being utilised by Council and which are in excess of Council's current requirements to determine whether it can be disposed of by public tender as per Council's Procurement Policy. 11 items of plant and equipment have been identified for disposal as they are no longer being used. Table 1 below is a list of items and equipment suggested to be sold.

Asset No 4047 John Deere Wide area Mower is listed for disposal as part of the 2014/2015 Plant Replacement program. This mower no longer fits the requirements of the Mareeba Parks and Gardens operations.

Asset No Make Type

Income 01/01/14 to 30/06/2014

Current Location

1341 KDE 7 KVA Generator Nil Mareeba Depot 200 Komatsu Waste Compactor Nil Mareeba Depot 4004 Walker Front Deck Mower Nil Mareeba Depot 4031 Greenfield 15 Hp Ride-on Mower Nil Mareeba Depot 513 Honda 5 KVA Generator Nil Mareeba Depot 5207 Howard 6 Ft Slasher Nil Mareeba Depot 5210 Barendes 6 Ft Slasher Nil Mareeba Depot 6413 Broadcrown 70 KVA Generator Nil Mareeba Depot 9507 TowMow Tow Behind Mower Nil Mareeba Depot Nil Graco Linemarking Machine and Trailer

(Parts Only) Nil Mareeba Depot

4047 John Deere Wide Area $18,000 Mareeba Depot


In consultation with the Coordinator Parks and Gardens a review and evaluation of all the different types of mowers held by Council is currently being undertaken to ensure they meet the requirements of Council's operations.


ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION

Internal Manager Technical Services Coordinator Landfill Coordinator Parks and Gardens External Nil


Nil

POLICY IMPLICATIONS

Nil


Nil


Nil

ATTACHMENTS



WORKS ITEM-13 INFRASTRUCTURE SERVICES - WORKS GROUP

PROGRESS REPORT - JULY 2014 DOCUMENT INFORMATION

MEETING: Ordinary Meeting MEETING DATE: 3 September 2014 REPORT AUTHOR/ OFFICER’S TITLE: Manager Works DEPARTMENT: Infrastructure Services, Works Group EXECUTIVE SUMMARY

This report sets out works undertaken by the Works, Parks and Gardens and Bridge Groups of Infrastructure Services during the month of July 2014.


"That Council receive and note the Infrastructure Services Works, Parks and Gardens and Bridge Groups Progress Report for the month of July 2014."

BACKGROUND

The Works, Parks and Gardens and Bridges Groups activities during July were predominately maintenance work with the majority of expenses incurred against unsealed road grading across the shire. Works Group Maintenance Activities Maintenance activities accruing more than $1,000 in expenditure were carried out in July at the following locations:


Location Activity Blackdown Road, Arbouin Grading Unsealed Roads, Road Furniture, Road Inspections Bilwon Road, Biboohra Bitumen Patching, Grading Unsealed Roads Torwood Road, Bolwarra Grading Unsealed Roads, Road Furniture, Road Inspections Bolwarra Road, Crystalbrook Grading Unsealed Roads Bruce Weir Road, Dimbulah Slashing Fabris Road, Dimbulah Road Inspections Leafgold Weir Road, Dimbulah Bitumen Patching, Slashing Mutchilba Road, Dimbulah Bitumen Patching, Mowing, Slashing Top Eureka Road, Dimbulah Road Furniture, Slashing Wolfram Road, Dimbulah Bitumen Patching, Road Furniture Drumduff Road, Highbury Grading Unsealed Roads Churchill Creek Road, Julatten Culvert Repairs, Grading Unsealed Roads, Road Inspections, Slashing Euluma Creek Road, Julatten Bitumen Patching, Culvert Repairs, Road Furniture, Road Inspections,

Slashing


The table below shows the current budget position of road maintenance for Mareeba Shire Council.

The budget overrun is a result of maintenance grading of unsealed roads. Typical costs for this activity are in the order of $4,500/day. During July there were four (4) grading crews working throughout the Shire. The programmed grading of unsealed roads will continue during August with crews changing over to capital works and DTMR (Department of Transport and Main Roads) projects from September. This will cause a major reduction in maintenance spending for the remainder of 2014. DTMR Routine Maintenance Performance Contract (RMPC)

As of 1 July 2014, Mareeba Shire Council entered into a new RMPC with DTMR. The previous contract was between Tablelands Regional Council and DTMR. The value of the 2014/15 RMPC is $1,597,466.34 Routine maintenance activities were undertaken during July at the following locations:

Location YTD Actual YTD Budget Annual Budget

Mareeba Shire Council $484,296 $240,249 $2,882,990

Location Activity Kennedy Highway ( Cairns - Mareeba) Pothole Patching Mulligan Highway ( Mt Molloy - Lakeland) Pothole Patching Mossman - Mt Molloy Road Pothole Patching Mareeba - Dimbulah Road Pothole Patching Mulligan Highway ( Mt Molloy - Lakeland) Surface Correction Mulligan Highway (Mareeba - Mt Molloy) Pavement Repairs Mulligan Highway ( Mt Molloy - Lakeland) Pavement Repairs Burke Developmental Road ( Normanton - Dimbulah) Formartion Grading Mareeba - Dimbulah Road Surface Drains Mulligan Highway (Mareeba - Mt Molloy) Clean Inlets and Outlets Mareeba - Dimbulah Road Clean Inlets and Outlets Mulligan Highway (Mt Molloy - Lakeland) Litter Collection Mossman - Mt Molloy Road Litter Collection Mulligan Highway (Mt Molloy - Lakeland) Other Roadside Work Kennedy Highway ( Cairns - Mareeba) Rest Area Servicing Mulligan Highway (Mt Molloy - Lakeland) Rest Area Servicing Mulligan Highway (Mt Molloy - Lakeland) Traffic Control Mulligan Highway (Mt Molloy - Lakeland) Traffic Control Mulligan Highway (Mt Molloy - Lakeland) Replace Signs Burke Developmental Road ( Normanton - Dimbulah) Replace Signs Mulligan Highway (Mt Molloy - Lakeland) Other Sign Woks Mulligan Highway (Mt Molloy - Lakeland) Repair Guide Markers


The total claim to DTMR for the works listed above for the month of July was $344,842.80 Parks and Gardens Group Maintenance Activities Parks and Gardens maintenance activities accruing more than $1,000 in expenditure were carried out in July at the following locations:

The table below shows the current budget position of Parks and Gardens maintenance for Mareeba Shire Council.

Bridge Group Capital Works Works commenced on the fabrication of concrete deck units and kerbing for Bridge 6 Black Mountain Road. The deck units and kerbing are being constructed at the Kowa Street Depot and will be transported to site for placement. The new units are scheduled for installation late August. The approaches and bridge deck are programmed to be asphalt sealed later this year. The table below shows the current budget position of bridge maintenance for Mareeba Shire Council.

Location Activity Parks and Gardens, Chillagoe General operation, general repairs and maintenance Basalt Gully and Bi-Centennial Lakes General repairs and maintenance, mowing Mary Andrews Gardens General operation, general repairs and maintenance, mowing,

bitumen patching Centenary Park, Mareeba General repairs and maintenance, mowing Byrnes Street Medians General repairs and maintenance, mowing Molloy Road Approaches, Mareeba Mowing, slashing Eales Park Mowing, slashing, cement footpath maintenance Kuranda Parks, Library, CBD and Streets General repairs and maintenance, mowing Borzi Park, Mareeba General repairs and maintenance, mowing Davies Park, Mareeba General operation, general repairs and maintenance, mowing Mareeba Racecourse (Road Reserve) General repairs and maintenance, slashing Street Mowing Mareeba Streets Mowing, slashing Nursery Mareeba General repairs and maintenance Clean up rubbish Mona Mona External works Sunset - Sunbird Park General repairs and maintenance, mowing Corrective Services Labour, Northern General repairs and maintenance

Location YTD Actual YTD Budget Annual Budget Mareeba Shire Council $109,202 $124,522 $1,375,459

Location YTD Actual YTD Budget Annual Budget Mareeba Shire Council $37,160 $72,844 $874,123


CONSULTATION

Internal Infrastructure Services staff. External Nil


Nil

POLICY IMPLICATIONS

Nil


Capital Included in 2014 / 2015 budget. Operating Included in 2014 / 2015 budget. Is the expenditure noted above included in the 2014 / 2015 budget? Yes. If not you must recommend how the budget can be amended to accommodate the expenditure Nil.


Advice is provided to residents and businesses affected by any activities.

ATTACHMENTS



WATER & WASTE ITEM-14 INFRASTRUCTURE SERVICES - WASTE OPERATIONS

PROGRESS REPORT - JULY 2014 DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT AUTHOR/ OFFICER’S TITLE: Manager Water and Waste DEPARTMENT: Infrastructure Services, Water and Waste Group EXECUTIVE SUMMARY

The purpose of this report is to summarise Council’s Waste activities undertaken by the Infrastructure Services Department during the month of July 2014.


"That Council receive and note the Infrastructure Services - Waste Operations Progress Report, July 2014."

BACKGROUND

The following is a summary of the waste activities undertaken during the month of July 2014. 1. Waste Operations

Fence construction around King Brown drainage pond, as required by EHP, has been completed. Approximately 30 fridges are ready to be degassed (at a cost of $20/unit to Council) as per Department of Environment and Heritage Protection Environmental Authority. Construction of Mareeba Landfill Cell 5 continues. A 30 cubic metre bin (4.44 tonnes) of recycled material was transported by JJ Richards from the Mareeba Waste Transfer Station to Cairns material recycling facility for processing. This periodically re-occurs as the recyclable material builds up. All transfer stations and Mareeba landfill are currently operational.


2. Customer Service Waste Statistics The following graph displays customer requests logged in the Customer Request Management (CRM) system during the month of July 2014.

3. Waste Collected at Each of the Transfer Stations

Waste material collected at each of the waste transfer stations is either deposited directly to the Mareeba landfill, recycled or transported to the SITA facility in Cairns for processing. The following pie charts are separated into waste received as whole units and waste received as accrued tonnage.


4. Waste to Mareeba Landfill The Mareeba Shire waste shown in the pie chart below is the waste collected at each of the waste transfer stations (Mareeba included), and deposited directly to the Mareeba landfill. The commercial waste shown below is derived from the SITA Bedminster plant in Cairns and deposited into the Mareeba landfill.


5. Revenue

The income shown below in the pie graph is made up of: • Commercial disposal (predominantly SITA) • Interest earned • Interest on Constrained Works • Recycling (steel, batteries) • Rates

The expenditure shown below in the pie graph is made of:

• Waste administration • Landfill management • Transfer station management


6. Financial Operational Budget Information per budget Section Overall

CONSULTATION

Internal Director Infrastructure Services Waste Staff External Nil


Nil

Graphical – Revenue

Graphical – Expenditure


POLICY IMPLICATIONS

Nil


Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil


Nil

ATTACHMENTS



ITEM-15 INFRASTRUCTURE SERVICES - WATER AND WASTEWATER GROUP MONTHLY OPERATIONS - JULY 2014


MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT AUTHOR/ OFFICER’S TITLE: Manager Water and Waste DEPARTMENT: Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY

This purpose of this report is to summarise Council’s Water and Wastewater activities undertaken by the Infrastructure Services Department during the month of July 2014.


"That Council receive and note the July 2014 Monthly Water and Wastewater Report."


GOV 3 Undertake a whole of Council service level review to establish sustainable operational costs across core local government business and consult with communities. 1. Capital Works Projects 1.1

• Arsenic Removal Plant at Chillagoe; • Work has commenced on Stage 1 of the Historian Project (Water, Wastewater

and Waste SCADA and Telemetry Recording and Reporting); • Tender called for the Kuranda Barang Street Sewerage Rising Main Upgrade; • Tender called for the Mareeba Industrial Park Water Booster Station.

2. Environmental Monitoring - Treatment

• Mareeba STP effluent continues to show improvement post de-sludging. Biological Oxygen Demand (BOD) and Suspended Solids (SS) are compliant and appear stable. Faecal Coliforms were noncompliant in the first week and then in compliance the second.

• Kuranda STP remains compliant with licence conditions.


3. Budget - Water

Financial Operational Budget Information per budget Section water Graphical - Revenue

Income for the first six (6) months was journalled in July rather than August.

Graphical – Expense


4. Budget - Wastewater


5. Chlorine Residual Readings


6. Mareeba Water Supply Scheme – Operations Data


7. Kuranda Water Supply Scheme - Operations Data


8. Mount Molloy Water Supply Scheme - Operations Data


9. Dimbulah Water Supply Scheme - Operations Data


10. Chillagoe Water Supply Scheme - Operations Data


11. Mareeba Wastewater Treatment Plant - Operations Data


12. Kuranda Wastewater Treatment Plant - Operations Data



ITEM-16 WASTE COLLECTION SERVICES CONTRACT AND A TENDER CONSIDERATION PLAN: S230 OF THE LOCAL GOVERNMENT REGULATION 2012


MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Manager Water and Waste DEPARTMENT: Infrastructure Services, Water and Waste EXECUTIVE SUMMARY

The Council’s current waste collection services contract with JJ Richards is due to expire on 31/03/2015 and has no provision for extending the expiry date of that contract. The Far North Queensland Regional Organisation of Council (FNQROC) intends to undertake a process of establishing a joint waste collection tender process for Councils in the FNQROC (including Mareeba Shire Council). However, the anticipated date for the commencement of this new joint process is December 2017. The Council could, in the interim, invite written tenders or expressions of interest for a new short term waste collection services contract, but it is expected that the a two year contract term (i.e. the period between the expiration of the current waste collection services contract and the anticipated date for the commencement of FNQROC’s new joint process) would result in the successful tenderer’s pricing being very high as the anticipated costs of the contractor are high in the early years of a waste collection contract with their margins build over time. Alternatively, Council could invite written tenders or expressions of interest for a more traditional long term waste collection services contract however this would result in Council losing out on the potential benefits of FNQROC’s joint waste collection tender process. This would not only disadvantage the residents of Mareeba Shire Council, but all the other participating Councils. Section 230 of the Local Government Regulation 2012 (Qld) provides a mechanism by which Council may adopt a quote or tender consideration plan (as opposed to inviting written tenders or expressions of interest) in which case it may then resolve to enter into a contract with a supplier. By adopting the quote or tender consideration plan as described in this report, Council will identify and hold discussions with potential waste collection service providers (including but not limited to JJ Richards and will enter into a new waste collection services contract until 16/12/2017.



"That Council adopts the Tender Consideration Plan contained in this report and delegates authority to the Chief Executive Officer to negotiate and in due course enter into a new contract for the provision of waste collection services." BACKGROUND

Purchasing and Procurement The Local Government Act 2009 (Qld) and the Local Government Regulation 2012 (Qld) prescribe in respect to a local government’s contracting activities, including for the supply of services such as waste collection. Typically, a local government invites written tenders or expressions of interest for waste collection, including pursuant to Chapter 6 Part 3 Division 3 of the Local Government Regulation 2012 (Qld). To proceed as described above, involves a familiar process but one which involves, amongst other things, a significant lapse of time, including as follows:-

• preparation of tender or request for expression of interest documentation; • placing advertisements in appropriate newspapers; • a minimum 21 days allowed for tenderers or respondents to provide tenders or

expressions of interest; • a period of tender evaluation (and in the case of a local government proceeding

by way of an expression of interest, a tender and a further period prior to evaluation); and

• recommendations and negotiations with the preferred service providers, prior to a report to the local government concerned and in due course a contract.

The minimum likely period from a decision to tender or request an expression of interest until contract award is approximately eight weeks, but often significantly longer. The time involved also reflects in significant costs. Tender Consideration Plan Section 230 of the Local Government Regulation 2012 (Qld) is in these terms: ‘Exception if quote or tender consideration plan prepared-

(1) A local government may enter into a medium-sized contractual arrangement or large-sized contractual arrangement without first inviting written quotes or tenders if the local government-

(a) decides, by resolution, to prepare a quote or tender consideration plan; and

(b) prepares and adopts the plan.

(2) A quote or tender consideration plan is a document stating-

(a) the objectives of the plan; and


(b) how the objectives are to be achieved; and

(c) how the achievement of the objectives will be measured; and

(d) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and

(e) the proposed terms of the contract for the goods or services; and

(f) a risk analysis of the market from which the goods or services are to be obtained.’

In the Chief Executive Officer's opinion, proceeding to retain a suitable waste collection services provider pursuant to section 230 of the Local Government Regulation 2012 (Qld) is preferred to proceeding pursuant to other sections of the Local Government Regulation 2012 (Qld) (as described under the above) because:

• it is more streamlined in implementation; • in particular, it allows Council to proceed much more quickly and without

protracted tender or expression of interest process; and • in addition to being less time consuming, it is also less expensive and efficient.

How to proceed Under section 230 of the Local Government Regulation 2012 (Qld), if a local government has decided, by resolution, to enter into a procurement activity under that Regulation, it can:

• resolve to prepare an appropriate quote or tender consideration plan; • prepare the appropriate quote or tender consideration plan; and • adopt the quote or tender consideration plan.

This Tender Consideration Plan The ‘sound contracting principle’ of ‘value for money’ is applied in this Tender Consideration Plan. In accordance with section 230 of the Local Government Regulation 2012 (Qld), this Tender Consideration Plan is to deal with:-

• the local government’s objectives and how those objectives will be achieved and measured;

• any alternative ways of achieving the objectives and why those alternative ways were not adopted;

• the proposed terms of contract; and • a risk analysis of the market from which the relevant goods or services are to

be procured. In this way, legislative power is provided to the Council to take a ‘strategic approach to its procurement activities’, meaning ‘an approach that identifies potential opportunities while managing adverse risks’. In this respect, this Tender Consideration Plan under section 230 of the Local Government Regulation 2012 (Qld) includes consideration of the costs of complying with this alternative procurement approach. As described above, proceeding as described is a significantly less expensive means of retaining the required waste collection services than would be the case if a tender or request for expression of interest process was


adopted. It also provides more effective means of retaining the required waste collection service until the completion of FNQROC’s joint waste collection tender process. Section 230(2) of the Local Government Regulation 2012 (Qld) describes required features for this Tender Consideration Plan, which are addressed as follows:

• s230(2)(a) – the objectives of the plan – to enable the Council to retain a waste collection services provider to deliver a waste collection service until the completion of the FNQROC’s joint waste collection tender process. The objectives include that the waste collection services provided be of a high quality and represent value for money and that the arrangement with the waste collection service provider be flexible enough to include:

• the continuation of the current waste collection service with no significant variation in level of service or cost;

• advice in respect to the risks and benefits of alternative providers, approaches and solutions.

Further objectives of this Tender Consideration Plan are that it:

• include sufficient scope for the Chief Executive Officer to negotiate and deal with a range of different service providers in respect to their service offerings and proposed solutions. For instance, ultimate decision may be to extend the services sought (and so the terms and scope of the contract entered into) to also include services in respect to ongoing waste collection;

• include the opportunity for the Chief Executive Officer, including by reference to the ‘sound contracting principles’ found in section 104 of the Local Government Act 2009 (Qld), to encourage (if and where applicable) open and effective competition in respect to the scope of services offered in circumstances where the relevant scope is fluid;

• contemplates the Council adhering to ethical behaviour and fair dealings when applying sound business practice and good business principles in reaching a decision in respect to how and with whom to contract;

• s230(2)(b) – how the objectives are to be achieved – in the most streamlined, time and cost effective way and by proceeding pursuant to a Tender Consideration Plan prepared in accordance with the Local Government Regulation 2012 (Qld);

• s230(2)(c) – how the achievement of the objectives will be measured – the Chief Executive Officer proposes to identify and hold discussions with potential waste collection service providers (including but not limited to the current service provider) to identify which of them is best placed to provide the waste collection services and then to develop a scope and pricing proposal recognising the uncertainties around the procurement concerning, including as described above. If necessary, the Chief Executive Officer may consult with others to provide advice and technical input ensure the contract entered into is not significantly different to the current contract and that any cost increases are reflective of true industry costs and can be directly related to the current pricing regime;

• s230(2)(d) – any alternative ways of achieving the objectives, and why the alternative ways were not adopted – the alternative methods of procuring waste collection services have been described in this Tender Consideration Plan (e.g. formally going out to tender). Those alternatives have not been adopted for the following reasons:


• if a tender is only called for two years the pricing will be significantly higher given the short duration of the contract;

• if a normal contract period is entered into Mareeba Shire Council will not be able to enjoy the benefits of the joint FNQROC contract;

• if a normal contract period is entered into the other participating Councils in the FNQROC will potentially be disadvantaged by the dilution of the joint purchasing power;

• it takes significantly more time and will be more expensive. • s230(2)(e) – the proposed terms of the contract for the goods or services –

suitable terms for the provision of the waste collection services will be negotiated to ensure, to the extent possible, no significant differences to the existing contract. The Chief Executive Office will also ensure that any increase in the cost of the waste collection services are reflective of true industry costs and can be directly related to the current pricing regime. To the extent required, the contractual terms for the waste collection services contract will be prepared for the Chief Executive Officer so as to reflect current industry practice and risk allocation; and

• s230(2)(f) – a risk analysis of the market from which the goods or services are to be obtained – as described, one of the key features of this Tender Consideration Plan is for the Chief Executive Officer to first identify the leading waste collection service providers with whom to negotiate and before contract to determine the best waste collection service provider to be selected from the waste collection services market as the Chief Executive Officer’s preferred provider.


ECON 3: Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to the community. GOV 5: Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective and safe work practices and systems. CONSULTATION

Internal Nil External To be determined based on the terms of the Tender Consideration Plan LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS)

This approach mitigates any risk to Council. Legal advice has been sought on this matter and this report. POLICY IMPLICATIONS

Nil



Capital Nil Operating The operational costs for the waste collection services contract are included in this year’s budget and in the forward projected budgets. Is the expenditure noted above included in the 2013/2014 budget? Yes IMPLEMENTATION/COMMUNICATION

The CEO will negotiate and in due course enter into a new contract for the provision of waste collection services ATTACHMENTS

1. Nil Date Prepared: 27 August 2014


CHIEF EXECUTIVE OFFICER

ORGANISATIONAL DEVELOPMENT ITEM-17 VOLUNTARY SEPARATION PROGRAM

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 275(1)(b) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(b) industrial matters affecting employees.


ITEM-18 CHRISTMAS SHUTDOWN DOCUMENT INFORMATION

MEETING: Ordinary MEETING DATE: 3 September 2014 REPORT OFFICER’S TITLE: Director Corporate and Community Services DEPARTMENT: Corporate and Community Services EXECUTIVE SUMMARY

This report is presented to Council to confirm the Christmas/New Year shutdown period for 2014/15 and amend the meeting schedule for 2015 to remove the meeting on 7 January 2015.


"That Council: 1. Endorse the 2014/15 Christmas/New Year closure from midday on Wednesday 24 December 2014 through to Friday 2 January 2015 (inclusive); and 2. Hold only one Ordinary meeting in the month of January 2015 on Wednesday 21 January 2015."

BACKGROUND

Council service centres are open to the public throughout the whole of the year, excluding public holidays. The two service centres are Mareeba (65 Rankin Street) and Kuranda (4-12 Thoree Street). For the 2014/15 Christmas/New Year period, gazetted public holidays fall on Thursday 25 December, Friday 26 December and Thursday 1 January. Generally service centres would re-open on 2 January, which in 2015 falls on a Friday. It is recommended that closure of the administration centres be effective from midday on Wednesday 24 December 2014 through to Friday 2 January 2015 (inclusive). In accordance with the Enterprise Bargaining Agreement, staff are to utilise leave entitlements for any absences during this period. As in previous years, appropriate arrangements will be put in place to have skeleton staff available to work through the closure period or be on stand-by in the event of any emergencies. As a result of the Christmas/New Year closures, it is recommended that the Ordinary Council meeting scheduled for 7 January 2015 be cancelled.



GOV 5: Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective and safe work practices and systems.

CONSULTATION



Risks associated with responding to emergency issues will be managed by having skeleton staff available to work through the closure period or be on stand-by in the event of any emergencies.

POLICY IMPLICATIONS

Nil


Nil


Communications will be provided both internally and externally advising of the closure period for Christmas/New Year and also the cancellation of the 7 January Council meeting.

ATTACHMENTS



APPENDIX - COMMITTEE MEETING MINUTES

TOURISM KURANDA


KURANDA COMMUNITY PRECINCT ADVISORY COMMITTEE


KURANDA INFRASTRUCTURE ADVISORY COMMITTEE

council meeting agenda 03 09 2014

Documents

council corporate

council cemetery

community services

community planning

middlemiss street mareeba

usl lot

community events

extractive industry