council meeting agenda 16 september 2015

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Ordinary Meeting Council Chambers Date: 16 September 2015 Time: 9:00am AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 16 SEPTEMBER 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED. PETER FRANKS CHIEF EXECUTIVE OFFICER

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Page 1: Council Meeting Agenda 16 September 2015

Ordinary Meeting

Council Chambers Date: 16 September 2015

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 16 SEPTEMBER 2015 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

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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 CORPORATE AND COMMUNITY SERVICES ............................................................................... 5

REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 M & G Crushing and Materials Pty Ltd - Material Change of Use - Extractive

Industry - Lot 1 on LD117 - 72 Gingerella Road, Barwidgi - DA/14/0059 .................. 5

ITEM-2 Change of Development Approval & Extension to Relevant Period - Sibi Girgenti Holdings Pty Ltd - Material Change of Use & Reconfiguring a Lot- One(1) Rural A Lot into Eighty-One(81) Residential Low Density Lots -Lot 2 on RP736573 -232 McIver Road, Mareeba ................................................................. 65

ITEM-3 Extension to Relevant Period - M Borzi - Reconfiguring a Lot - Subdivision (1 into 5 lots) - Lot 2 on RP747074 - Kuranda Heights Road, Kuranda - REC/08/0033 ........................................................................................................ 145

ITEM-4 Application for Conversion of Special Lease to Freehold - Lot 299 on NR7718, Parish of Formartine ............................................................................................. 171

ITEM-5 Request for Minister's Approval to adopt Draft Mareeba Shire Council Planning Scheme ................................................................................................................ 177

GOVERNANCE AND COMPLIANCE ...................................................................................... 251 ITEM-6 Tenders received for Lease of Reserve for Recreation R80, Booroo Street

Kuranda................................................................................................................ 251

ITEM-7 Relocation of Dimbulah Junior Soccer to Reserve R114 ...................................... 267

ITEM-8 Request to Purchase Part of Geraghty Park Julatten............................................ 275

ITEM-9 Dimbulah Men's Shed Community Garden - Tobacco Barns ................................ 281

FINANCE ................................................................................................................................ 289 ITEM-10 Financial Statements for period ending 31 August 2015 ................................. 289

COMMUNITY WELLBEING..................................................................................................... 297 ITEM-11 Kuranda Horse and Pony Club ....................................................................... 297

ITEM-12 Youth Connections Program ........................................................................... 301

INFRASTRUCTURE SERVICES ................................................................................................ 305

TECHNICAL SERVICES ......................................................................................................... 305 ITEM-13 Tender Evaluation Contract TMSC2015-14 - NDRRA 2014 Kuranda Sealed

Roads ................................................................................................................... 305

ITEM-14 2015/16 Fees & Charges - Council Hall Hire - Change to Categories ............. 309

ITEM-15 Infrastructure Services - Technical Services - Monthly Activities Report - August 2015 ......................................................................................................... 315

WORKS................................................................................................................................... 325 ITEM-16 Infrastructure Services - Works Section Progress Report - August 2015 ........ 325

ITEM-17 Bridges Renewal Program - Progress Report ................................................. 333

WATER & WASTE .................................................................................................................. 339

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ITEM-18 Infrastructure Services - Water and Wastewater Group - Monthly Operations Report - August 2015 ......................................................................... 339

ITEM-19 Infrastructure Services - Waste Operations Report - August 2015 .................. 347

CHIEF EXECUTIVE OFFICER ................................................................................................... 353

ORGANISATIONAL DEVELOPMENT ..................................................................................... 353 ITEM-20 Christmas Shutdown and Office Closure for Staff Function ............................. 353

BUSINESS WITHOUT NOTICE .................................................................................................. 356

NEXT MEETING OF COUNCIL .................................................................................................. 356

FOR INFORMATION - SUMMARY OF NEW PLANNING APPLICATIONS & DELEGATED DECISIONS - AUGUST 2015 ..................................................................................................... 357

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CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING

ITEM-1 M & G CRUSHING AND MATERIALS PTY LTD - MATERIAL CHANGE OF USE - EXTRACTIVE INDUSTRY - LOT 1 ON LD117 - 72 GINGERELLA ROAD, BARWIDGI - DA/14/0059

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 16 September 2015 REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

APPLICATION DETAILS

APPLICATION PREMISES

APPLICANT M & G Crushing and Materials Pty Ltd

ADDRESS 72 Gingerella Road, Barwidgi

DATE LODGED 23 October 2014 RPD Lot 1 on LD117

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Extractive Industry

FILE NO DA/14/0059 AREA 74,100 hectares

LODGED BY M & G Crushing and Materials Pty Ltd

OWNER Roxanne Wellington TTE

PLANNING SCHEME

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

ZONE Rural zone

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS One (1)

ATTACHMENTS: 1. Proposal Plan/s

2. Department of State Development, Infrastructure and Planning Referral Agency response dated 29 June 2015

3. Environmental Authority (Permit No EPPR01646013) issued by the Department of Environment and Heritage Protection

4. Department of Agriculture, Forestry and Fisheries letter dated 19 December 2014

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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. It 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. The key issues of the proposed development are the progressive rehabilitation of the disturbed areas and the management of environmental impacts. The Department of Agriculture and Fisheries under the Forestry Act 1959 has issued a Sales Permit to the applicant authorizing the extraction of material from 286 hectares of Lot 1 on LD117. Compliance with the Sales Permit is administered by the Department of Agriculture and Fisheries. The proposed development is also an environmentally relevant activity under the Environmental Protection Act. The ERA is administered by the Department of Environment and Heritage Protection. Environmental Authority Permit Number EPPR01646013 was issued to M & G Crushing and Materials Pty Ltd on 11 March 2015. Council officers are satisfied that rehabilitation and other environmental impacts have been appropriately assessed and conditioned by the Department of Environment and Heritage Protection and it is not necessary for Council to also condition these matters. 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/14/0059, 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:

APPLICATION PREMISES

APPLICANT M & G Crushing and Materials Pty Ltd

ADDRESS 72 Gingerella Road, Barwidgi

DATE LODGED 23 October 2014 RPD Lot 1 on LD117

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use - Extractive Industry

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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 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.

Plan/Document Number

Plan/Document Title Prepared by Dated

Figure 1 Gingerella quarry extension location map and general arrangements

NRA October 2014

Figure 2 Gingerella quarry extension Queensland Government regional ecosystems and Matters of State Environmental Significance

NRA October 2014

Figure 3 Gingerella quarry extension Areas of Ecological Significance

NRA October 2014

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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 Bushfire Management A Bushfire Management Plan for the extractive industry must be prepared to the satisfaction of Council's delegated officer. The approved use must comply with the requirements of the Management Plan at all times.

3.6 Hours of Operation All operations pursuant to the extractive industry, or in any way connected with the extractive industry will, for site operations and for removal of material, be limited to the hours between 7.00 am and 6.00 pm Mondays to Friday and 7:00am to 12:00 noon Saturdays (except Public Holidays), PROVIDED ALWAYS that the Council will have the right at any time, and from time to time, to fix other hours of operation, and upon the fixing of any such other hours of operation pursuant to the permit, or in any way connected therewith, the extractive industry will be limited to such other hours. The Applicant will not be allowed to conduct nor permit nor suffer to be conducted, any extractive industry operation nor run nor start any motors, machinery, or the like, nor remove any materials from the said land on any Sunday or Public Holiday, or at any time outside the hours mentioned or such other hours as will be fixed by Council.

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

3.8 All material extracted from the Quarry Extension Area is to be processed within the existing Gingerella Quarry (MCU/09/0021). The total quantity of extracted material leaving the Gingerella Quarry per annum must not exceed 100,000 tonnes.

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3.9 No blasting, crushing or screening is to occur within the proposed extension areas identified on Figure 1.

3.10 Identification Survey and Fencing Prior to the re-commencement of extraction within the proposed extension areas identified on Figure 1, an idenification survey must be undertaken to establish the boundaries of the Quarry Operational Areas and drainage buffers. The drainage buffers are to be clearly marked using star pickets. No extraction is permitted within the drainage buffers. The Quarry Operational Areas and internal haul road between the Quarry Operational Areas must be marked and enclosed by a stock proof fence. The stock watering point (dam) located within or adjacent to the eastern Quarry Operational Area must not be fenced and must be kept freely available for grazing use by the lessee of Lot 1 on LD117. A 60 metre wide stock crossing (eg 2 cattle grids) must be provided along the internal haul road between the Quarry Operational Areas to allow continued grazing access on both sides of the internal haul road. No other fencing of the land between the Quarry Operational Areas is permitted.

3.11 Stockpile Locations The stockpiling of extracted material within 300 metres of Ootann Road must only occur within the locations shown on Figure 1. Stockpiling of material in the north-western corner of the Sales Permit area is not permitted.

3.12 Prior to the re-commencement of extraction within the proposed extension areas identified on Figure 1, the applicant must submit an updated Quarry Management Plan prepared by suitably qualified and experienced person/s. A copy of the Quarry Management Plan must be kept on site at all times and the applicant must ensure all quarry employees are made aware of the Quarry Management Plan requirements.

3.13 Testing and Targeted Resource Extraction Prior to the re-commencement of extraction within the proposed extension areas identified on Figure 1, the applicant must undertake testing of the proposed extension areas to establish the spread and approximate volume of the extractive resource layer. Further extraction within the proposed extension areas identified on Figure 1 must be targeted to occur in locations where the extractive resource layer

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is generally 0.5 metre or greater in depth. No extraction is to occur where the resource layer is 0.3 metres or less in depth.

3.14 A 100 metre wide band of native vegetation must be retained along the entire south-western boundary of both Quarry Operational Areas to minimise visual amenity impacts.

3.15 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.

3.16 The excavation of material will be required to be confined to the Quarry Operational Areas, 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 Quarry Operational Areas.

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

3.18 Flood Immunity Any new buildings must be located such that the freeboard of the floor levels of all habitable rooms are a minimum of 300mm above the 100 ARI year level.

4. Infrastructure Services and Standards

4.1 Access A Commercial access crossover, for the extractive industry access, must be constructed and maintained, to the property boundary of the Sales Permit area in accordance with the FNQROC Development Manual, to the satisfaction of Council’s delegated officer.

(D) ASSESSMENT MANAGER’S ADVICE (a) A number of other charges or payments may be payable as conditions of

approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

(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.

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(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.datsip.qld.gov.au.

(E) CONCURRENCE AGENCY CONDITIONS

Department of Infrastructure, Local Government and Planning conditions dated 29 June 2015.

(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

The subject land is described as Lot 1 on LD117, Parish of Saltcoats, County of Lynd, having an area of 74,100 hectares. The subject land is a large pastoral leasehold property, containing typical grazing infrastructure and an extensive coverage of native vegetation. Access to the site is obtained from Ootann Road. This road is constructed to gravel standard for the full frontage of the development site. The development site covers approximately 286 hectares of the subject land. A resource allocation (Sales Permit) over the extraction site has been issued by the Department of Agriculture and Fisheries.

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Surrounding lots are very large rural holdings. The nearest dwelling house is approximately 14 kilometres west of the extractive industry site. Stock mustering yards are established immediately to the west of the quarry entrance. The Rocky Tate River is located approximately 100 metres north of the extractive industry 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.

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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.

BACKGROUND AND CONTEXT The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004 and an extractive industry is impact assessable development. An effective development permit is required from Mareeba Shire Council authorizing the extractive industry before extraction can be carried out.

PREVIOUS APPLICATIONS & APPROVALS On 19 August 2009, Council issued a development permit (MCU/09/0021) for Material Change of Use - Extractive Industry to M & G Crushing and Materials Pty Ltd authorising the extraction and screening of up to 100,000 tonnes of hard rock material per annum from approximately 43 hectares of Lot 1 on LD117. The 43 hectares corresponded to the Forestry Act Sales Permit issued to M & G Crushing and Materials Pty Ltd. Between August 2009 and August 2014 - The Department of Agriculture, Fisheries and Forestry issued an amended Forestry Act Sales Permit to M & G Crushing and Materials Pty Ltd. The amended Sales Permit increased the supply zone to approximately 286 hectares. July/August 2014 - Mareeba Shire Council received a complaint alleging that extraction was occurring outside the approved 43 hectares of the original Forestry Act Sales Permit.

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13 August 2014 - A site inspection was carried out by representatives of the Department of Agriculture, Fisheries and Forestry, the Department of Environment and Heritage Protection and Mareeba Shire Council. As a result of this inspection, Council officers formed the view that M & G Crushing and Materials Pty Ltd were extracting material outside the 43 area approved under Development Permit MCU/09/0021, but within the 286 hectare area of the amended Forestry Act Sales Permit. M & G Crushing and Materials Pty Ltd were instructed to cease extracting from outside the approved area until such time as an effective development approval was obtained from Mareeba Shire Council. M & G Crushing and Materials Pty Ltd have provided a written undertaking not to extract from outside the area approved. 23 October 2014 - Development Application DA/14/0059 for Material Change of Use - Extractive Industry was made to Mareeba Shire by M & G Crushing and Materials Pty Ltd. The application seeks approval to extract and screen up to 100,000 tonnes of material per annum from the extended Forestry Act Sales Permit area. 5 November 2014 - Mareeba Shire Council issued an Acknowledgement Notice to M & G Crushing and Materials Pty Ltd. Section 5 of the acknowledgement notice is an information request made to the applicant. In particular, the applicant has been asked to supply Council with additional information in relation to Traffic Impact and Site Rehabilitation. 12 November 2014 - An amended acknowledgement notice was issue to the applicant adding a second State referral agency trigger (railways). Related State Approvals The State Government under the Forestry Act 1959 has issued a Sales Permit to M & G Crushing and Materials Pty Ltd authorizing the extraction of material from 286 hectares of Lot 1 on LD117. The Sales Permit is administered by the Department of Agriculture and Fisheries. The M & G Crushing and Materials Pty Ltd extractive industry is also an Environmentally Relevant Activity (ERA) under the Environmental Protection Act. The ERA is administered by the Department of Environment and Heritage Protection. Environmental Authority Permit Number EPPR01646013 was issued to M & G Crushing and Materials Pty Ltd on 11 March 2015 (Attachment 3).

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. Development approval is already in place for a hard rock quarry for the annual supply of up to 100,000 tonnes of gravel. This approval covers the area described as Gingerella Quarry - Approved on Figure 1 (Attachment 1). The current application seeks approval to extend the quarry operations to cover the Proposed Extension Area/s on Figure 1 (Attachment 1). The smaller of the proposed extension areas covers established quarry infrastructure adjoining the approved quarry.

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The second and larger proposed extension area is intended to source local fines material to mix on site with the already extracted hard rock (crushed) in order to meet the specifications for various road projects. The extraction process involves the removal and stockpiling of vegetation and topsoil. The fines material is mechanically collected and then transported to the hard rock quarry area for mixing with the rock material. Progressive rehabilitation of all quarry areas has been conditioned as part of the Environmental Authority issued by the Department of Environment and Heritage Protection. The total volume of quarry material leaving the Gingerella Quarry per year will remain 100,000 tonnes. The proposed operating hours are 7:00am to 6:00pm Monday to Friday and 7:00am to 12:00pm Saturday. A water supply is available from the water stored in the hard rock quarry pit. Fuel will be stored on site in a fuel tank located within a bunded area. The extracted material will be used for various road construction and maintenance projects.

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 quarry sales permit area as:

Terrestrial 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;

Zone: Rural zone

Overlays: Natural & Cultural Heritage Features Overlay Natural Disaster Bushfire Overlay

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(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.

RELEVANT 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 1.1 Biodiversity Conservation

Land Use Policy Complies Comments

1.1.1 Urban development within the regional landscape and rural production area is located outside of areas of high ecological significance (see map 3).

n/a The proposed quarry extension is located within the Regional Landscape and Rural Production Area. Under the FNQ Regional Plan, extractive industry (including crushing and screening of extracted materials) is considered to be a primary industry. The proposed development is not urban development and this policy is not applicable.

1.1.4 Urban development in or adjacent to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible.

n/a The majority of the proposed quarry extension is mapped as an area of general ecological significance. Under the FNQ Regional Plan, extractive industry (including crushing and screening of extracted materials) is considered to be a primary industry. The proposed development is not urban development and this policy is not applicable.

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DRO 1.3 Air and Acoustic Environment Protection

Land Use Policy Complies Comments

1.3.2 Development that generates emissions must be adequately separated or planned, designed, constructed and operated to ensure the impacts of air and noise emissions on sensitive land uses meets the objectives of the Environmental Protection (Air) Policy and the Environmental Protection (Noise) Policy.

A sensitive land use is typically taken as meaning each of the following uses:

child care centre

community care centre

community residence

dual occupancy

dwelling house

educational establishment

health care services

hospital

hostel

multiple dwelling

office

relocatable home park

residential care facility

retirement facility

short term accommodation

tourist park. The closest sensitive land use (dwelling house) is approximately 14 kilometres west of the proposed quarry extension. The available separation distance is sufficient to minimise the likelihood of air and noise impacts. The proposal is also an environmentally relevant activity (ERA) administered by the Department of Environment and Heritage Protection (DEHP). On 11 March 2015, DEHP issued Environmental Authority Permit Number EPPR01646013 to the applicant covering various quarry sites, including the proposed quarry expansion. This environmental authority conditions air and noise emissions requiring no nuisance at any nuisance sensitive or commercial place (nearby cattle yards). DEHP has appropriately conditioned compliance with this policy.

DRO 2.3 Scenic Amenity, Outdoor Recreation and Inter-Urban Breaks

Land Use Policy Complies Comments

2.3.1 The visual amenity of the region’s landscapes and seascapes is protected and enhanced by assessing

The proposed quarry extension has the potential to be visible from that section of Ootann Road immediately adjacent to the extraction area.

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proposed developments on landscapes that are vulnerable to visual impact due to their prominence, topography or degree of naturalness.

A band of remnant vegetation will be retained between the road and the extraction area to reduce the local visual impact. The site of the existing quarry and the proposed quarry extension is not considered prominent or particularly vulnerable to visual impact.

DRO 2.4 Primary Production & Fisheries

Land Use Policy Complies Comments

2.4.1 Good quality agricultural land is protected from urban development outside the urban footprint.

The proposed quarry extension is not urban development. Notwithstanding, neither the Mareeba Shire Planning Scheme nor the State Planning Policy identifies the site of the proposed quarry extension as good quality agricultural land.

DRO 2.5 Extractive Industries and Mineral Resources

Land Use Policy Complies Comments

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

The proposed quarry extension will require the clearing of land to gain access to the quarry material. Clearing cannot be avoided but it may be reduced by requiring the applicant to undertake comprehensive testing of the available quarry material resource and then targeting clearing/extraction to the locations which exceed a minimum depth (volume) of quarry material resource. This approach avoids the clearing/disturbance of areas which may have limited quarry material resource and maximises the amount of material extracted from each cleared area. An erosion and sediment control plan has been prepared and will be implemented to minimise impacts on soil and water. Progressive rehabilitation, including the area already disturbed, is intended to minimise the area of disturbed land at any one time. Measures will be implemented to divert stormwater around the extraction area where possible and to capture internal water and direct into multiple sediment dams. On site fuel storage is not expected to exceed

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10,000 litres. Fuel is to be stored in a secondary containment system and will be handled in accordance with Australian Standard AS 1940-2004. Fuel storage will be at least 100 metres from drainage lines and an appropriate spill kit will be on site. No waste material shall be buried or disposed of on site. All wastes will be disposed of off-site at an appropriately licenced facility. The proposal is also an environmentally relevant activity (ERA) administered by the Department of Environment and Heritage Protection (DEHP). On 11 March 2015, DEHP issued Environmental Authority Permit Number EPPR01646013 to the applicant covering various quarry sites, including the proposed quarry expansion. This environmental authority conditions air, water, noise, social, waste and rehabilitation aspects of the proposed development. The proposed development is also subject to numerous conditions under Sales Permit 20090854 issued to the applicant by the Department of Agriculture, Fisheries and Forestry (DAFF). The impacts of the proposed development can be appropriately minimised and mitigated through the conditions of DAFF, DEHP and Council.

DRO 5.1 Economic Growth and Diversification

Land Use Policy Complies Comments

5.1.7 Economic activities with a direct connection to the rural, natural or resource value of the surrounding area are encouraged in regional landscape and rural production areas, provided they do not include permanent residential development and are of an appropriate scale.

The proposed development does not include any residential component. The scale of the development is not considered inappropriate based on the size of the resource and the area of the subject land.

DRO 7.1 Protection of Waterways, Wetlands and Water Quality

Land Use Policy Complies Comments

7.1.1 Development is planned, Surface water from the site drains north

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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.

towards the Rocky Tate River, which is located approximately 100 metres from the proposed quarry extension. An erosion and sediment control plan has been prepared and will be implemented to minimise impacts on soil and water. Progressive rehabilitation, including the area already disturbed, is intended to minimise the area of disturbed land at any one time. Measures will be implemented to divert stormwater around the extraction area where possible and to capture internal water and direct into multiple sediment dams. On site fuel storage is not expected to exceed 10,000 litres. Fuel is to be stored in a secondary containment system and will be handled in accordance with Australian Standard AS 1940-2004. Fuel storage will be at least 100 metres from drainage lines and an appropriate spill kit will be on site. No waste material shall be buried or disposed of on site. All wastes will be disposed of off-site at an appropriately licenced facility. The proposal is also an environmentally relevant activity (ERA) administered by the Department of Environment and Heritage Protection (DEHP). On 11 March 2015, DEHP issued Environmental Authority Permit Number EPPR01646013 to the applicant covering vaious quarry sites, including the proposed quarry expansion. This environmental authority conditions air, water, noise, social, waste and rehabilitation aspects of the proposed development.

(b) State Planning Policy The Department of State Development, Infrastructure and Planning has 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. An officer assessment of the proposed development against the provisions contained within the SPP has been undertaken and it is not considered to be in conflict with any relevant aspect of the SPP.

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Queensland State Planning Policy - July 2014

State Interest Complies Assessment Requirements & Comments

Mining and extractive resources

For extractive resources

(1) a development application for:

(a) reconfiguring a lot within a KRA, or

(b) a material change of use within the resource/ processing area of a KRA or the separation area for the resource/processing area of a KRA, or

(c) a material change of use within the transport route separation area of a KRA that will result in an increase in the number of people living in the transport route separation area, and

(2) requirements of (1) above do not apply to the assessment of a material change of use for a:

(a) dwelling house on an existing lot, or

(b) home-based business (where not employing more than two non-resident people on a full-time equivalent basis), or

(c) caretaker’s accommodation (associated with an extractive industry), or

(d) animal husbandry, or

(e) cropping.

N/A (1) the development ensures that:

(a) for development within a resource/processing area for a KRA – the undertaking of an existing or future extractive industry development is not significantly impeded, and

(b) sensitive land uses are avoided within the separation area for a resource/processing area of a KRA, and

(c) for development within the transport route separation area of a KRA – the number of residents adversely affected by noise, dust and vibration generated by the haulage of extractive materials along the route does not increase, and

(d) for development adjacent to the transport route – the safe and efficient use of the transport route by vehicles transporting extractive resources is not adversely affected.

Comment

The proposed development is not within a key resource area.

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.

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

The proposed quarry extension does not contain matters of state environment significance (MSES). A small amount of regulated vegetation (MSES) is present in the north-western corner of the established hard rock quarry, extending in a narrow band towards

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the Rocky Tate River. The proposed quarry extension is not expected to further impact on this area of MSES.

Water quality

Receiving waters - a development application for any of the following:

(1) a material change of use for urban purposes that involves a land area greater than 2500 square metres that:

(a) will result in an impervious area greater than 25 per cent of the net developable area, or

(b) will result in six or more dwellings, or

(2) reconfiguring a lot for urban purposes that involves a land area greater than 2500 square metres and will result in six or more lots, or

(3) operational works for urban purposes that involve disturbing more than 2500 square metres of land.

N/A Receiving waters

Development:

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from:

(a) altered stormwater quality or flow, and

(b) wastewater (other than contaminated stormwater and sewage), and

(c) the creation or expansion of non-tidal artificial waterways, and

(2) complies with the SPP code: Water quality (Appendix 2).

Comment

Not applicable. Development for extractive industry purposes is not considered to be an urban purpose. Notwithstanding, an Erosion and Sediment Control Plan has been prepared by Geology Services and will be implemented to minimise impacts on soil and water.

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 Qld Reconstruction Authority Level 1 flood hazard mapping indicates that part of the proposed quarry extension may be impacted by flooding from the Rocky Tate River. The applicant states that extraction is planned to occur during the dry months of each year. Personnel and equipment are unlikely to be operating within the identified flood hazard area during the wet season. Should out of season flooding occur, equipment and

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personnel can be evacuated to an elevated part of the quarry. The Mareeba Shire Planning Scheme 2004 maps the entirety of the subject land as a medium bushfire hazard area. The risks associated with the bushfire hazard can be mitigated through appropriate conditioning of the development. The proposed quarry extension typically contains land with a slope below 15%.

(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 majority of the proposed quarry extension is mapped as an area of general ecological significance. Clearing of remnant vegetation within a Forestry Act Sales Permit area is not assessable development. The proposed quarry extension will require the clearing of land to gain access to the quarry material. Clearing cannot be avoided but it may be reduced by requiring the applicant to undertake comprehensive testing of the available quarry material resource and then targeting clearing/extraction to the locations which exceed a minimum depth (volume) of quarry material resource. This approach avoids the clearing/disturbance of areas which may have limited quarry material resource and maximises the amount of material extracted from each cleared area. An erosion and sediment control plan has been prepared and will be implemented to minimise impacts on soil and water. Progressive rehabilitation, including the area already disturbed, is intended to minimise the area of disturbed land at any one time. Measures will be implemented to divert stormwater around the extraction area where possible and to capture internal water and direct into multiple sediment dams. On site fuel storage is not expected to exceed 10,000 litres. Fuel is to be stored in a secondary containment system and

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will be handled in accordance with Australian Standard AS 1940-2004. Fuel storage will be at least 100 metres from drainage lines and an appropriate spill kit will be on site. No waste material shall be buried or disposed of on site. All wastes will be disposed of off-site at an appropriately licenced facility. The impacts of the proposed development can be appropriately minimised and mitigated through the conditions of DAFF, DEHP and Council. The proposed development is not considered to be a threat to any significant natural features.

(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.

There are no known cultural heritage features within the proposed quarry extension.

(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 proposed quarry extension will require the clearing of land to gain access to the quarry material. Clearing cannot be avoided but it may be reduced by requiring the applicant to undertake comprehensive testing of the available quarry material resource and then targeting clearing/extraction to the locations which exceed a minimum depth (volume) of quarry material resource. This approach avoids the clearing/disturbance of areas which may have limited quarry material resource and maximises the amount of material extracted from each cleared area. An erosion and sediment control plan has been prepared and will be implemented to minimise impacts on soil and water. Progressive rehabilitation, including the area already disturbed, is intended to minimise the area of disturbed land at any one time. Measures will be implemented to divert stormwater around the extraction area where possible and to capture internal water and direct into multiple sediment dams. On site fuel storage is not expected to exceed 10,000 litres. Fuel is to be stored in a secondary containment system and will be handled in accordance with Australian Standard AS 1940-2004. Fuel storage will be at least 100 metres from

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drainage lines and an appropriate spill kit will be on site. No waste material shall be buried or disposed of on site. All wastes will be disposed of off-site at an appropriately licenced facility. The proposal is also an environmentally relevant activity (ERA) administered by the Department of Environment and Heritage Protection (DEHP). On 11 March 2015, DEHP issued Environmental Authority Permit Number EPPR01646013 to the applicant covering various quarry sites, including the proposed quarry expansion. This environmental authority conditions air, water, noise, social, waste and rehabilitation aspects of the proposed development. The proposed development is also subject to numerous conditions under Sales Permit 20090854 issued to the applicant by the Department of Agriculture, Fisheries and Forestry (DAFF). The impacts of the proposed development can be appropriately minimised and mitigated through the conditions of DAFF, DEHP and Council.

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

Neither the Mareeba Shire Planning Scheme or the State Planning Policy identifies the site of the proposed quarry extension as good quality agricultural land.

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

The application proposes the extension of an established extractive industry within the Rural zone. The development is consistent with the outcome sought by this DEO.

(f) The amenity and safety of land uses adjoining industrial estates and agricultural areas adjoining urban centres are protected from potential noise and air pollution.

n/a The proposed development does not adjoin an industrial estate or urban centre.

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

The existing Gingerella Quarry has a development permit (MCU/09/0021) which authorises the extraction and screening of up to 100,000 tonnes of quarry material per year. This material is transported via the established road network to job sites around the region. The proposed quarry extension is intended to source local fines material to mix with the already extracted hard rock (crushed) in order to meet the specifications for various road projects.

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Sourcing the fines material locally avoids the need to cart fines material to the Gingerella Quarry via the established road network. Local sourcing of fines material is the most efficient operation and has the least impact on the road network.

(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 Qld Reconstruction Authority Level 1 flood hazard mapping indicates that part of the proposed quarry extension may be impacted by flooding from the Rocky Tate River. The applicant states that extraction is planned to occur during the dry months of each year. Personnel and equipment are unlikely to be operating within the identified flood hazard area during the wet season. Should out of season flooding occur, equipment and personnel can be evacuated to an elevated part of the quarry.

(q) The establishment of new industries such as value adding agricultural industries as well as ecotourism and tradeable services beyond agriculture.

The application proposes the extension of an established extractive industry within the Rural zone. The development is not inconsistent with the outcome sought by this DEO.

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

A sensitive land use is typically taken as meaning each of the following uses:

child care centre

community care centre

community residence

dual occupancy

dwelling house

educational establishment

health care services

hospital

hostel

multiple dwelling

office

relocatable home park

residential care facility

retirement facility

short term accommodation

tourist park. The closest sensitive land use (dwelling house) is approximately 14 kilometres west of the proposed quarry extension. The available separation distance is sufficient to minimise the likelihood of noise impacts. The proposal is also an environmentally

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relevant activity (ERA) administered by the Department of Environment and Heritage Protection (DEHP). On 11 March 2015, DEHP issued Environmental Authority Permit Number EPPR01646013 to the applicant covering various quarry sites, including the proposed quarry expansion. This environmental authority conditions noise emissions requiring no nuisance at any nuisance sensitive or commercial place (nearby cattle yards). DEHP has appropriately conditioned compliance with this policy.

(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 existing Gingerella Quarry has a development permit (MCU/09/0021) which authorises the extraction and screening of up to 100,000 tonnes of quarry material per year. The proposed quarry extension is intended to source local fines material to mix with the already extracted hard rock (crushed) in order to meet the specifications for various road projects. The total volume of quarry material leaving the Gingerella Quarry per year will remain 100,000 tonnes.

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 2 Natural and Cultural Heritage Features Overlay 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 and Cultural Heritage Features Overlay 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.

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Extractive Industry 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. 1 - Water Supply (Outside Reticulated Water Supply Area) A water supply is available from the water stored in the hard rock quarry pit. No. 4 - Development Manual Any development works on Council controlled land will be designed and constructed in accordance with the FNQROC Development Manual standards. (f) Additional Trunk Infrastructure Condition - Road Infrastructure (Section 650 of

SPA) The subject land is located outside the identified Priority Infrastructure Area (PIA). Section 650 of SPA allows Council to condition additional trunk infrastructure outside the PIA. The existing Gingerella Quarry has a development permit (MCU/09/0021) which authorises the extraction and screening of up to 100,000 tonnes of quarry material per year. This material is transported via the established road network to job sites around the region. The material to be sourced from the proposed quarry extension will be used internally to mix with road base material. The quantity of material leaving the quarry gate via the Council road network will not increase above the already approved 100,000 tonnes per annum. Accordingly, the current application does not lead to a further impact on the external road network. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning (now the Department of Infrastructure, Local Government and Planning) as a Concurrence Agency. That Department advised in a letter dated 29 June 2015 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies.

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Third Party Advice On 3 August 2015, informal verbal third party advice was sought from the Department of Agriculture and Fisheries and the Department of Environment and Heritage Protection. DAF (John Ludlow) confirmed that notwithstanding any internal investigation, Sales Permit 20090854 remained valid and the State's resource allocation to M & G Crushing and Materials Pty Ltd remains effective. DEHP (Calvin Quick) confirmed that Environmental Authority Permit Number EPPR01646013 was issued to M & G Crushing and Materials Pty Ltd on 11 March 2015. The Environmental Authority covers entire extended Sales Permit area and incorporates improved erosion and sediment management. DEHP continues to deal with the applicant in respect of the progressive rehabilitation of the extended Sales Permit area. Internal Consultation Technical Services PUBLIC NOTIFICATION The development proposal was placed on public notification from 3 July 2015 to 23 July 2015. The applicant submitted the notice of compliance on 28 July 2015 advising that the public notification requirements were carried out in accordance with the requirements of the Act. 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 commences the day after the final public notification action has been completetd. The final public notification step was completed on Friday 3 July 2015. The 15 business day period should have commenced on Monday 6 July 2015 and ended on 24 July 2015. The applicant mistakenly commmenced the 15 business day period on 3 July 2015 and completed public notification on 23 July 2015, one day short. The significant size of Lot 1 on LD117 (74,100 hectares) also makes it impractical to erect a public notice sign of each road reserve frontage. Instead, the applicant erected a public notice sign on Ootann Road immediately in front of the exsiting quarry. The public notification procedures followed in this instance are considered reasonable given the size and location of the actual extractive industry sales permit area. The one business day shortfall has not adversely affected the awareness of the public. 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.

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It is recommended that Council excuse the minor non-compliance and proceed to decide the application. One (1) properly made submission was received. A full copy of the submission is provided in Attachment 4 of this report. The numerous grounds for objection are summarised and commented on below:

Grounds for objection Comment

Lessee has not given consent under Sales Permit section 22.1

Legality/validity of Sales Permit and original development approval.

Renewal of Sales Permit on 30/06/2015 not valid.

The submitter has raised this concern on numerous occasions with Council and the Department of Agriculture and Fisheries.

Council officers sought specific written advice from DAF in December 2014. A copy of DAF's response of 19 December 2014 is provided as Attachment 6. This response states that the Sales Permit is valid.

On 3 August 2015, Council's Senior Planner again contacted DAF to query whether the Department's internal investigation had affected the validity of the Sales Permit.

The DAF officer (John Ludlow) confirmed that the Sales Permit remains valid.

Based on DAF's advice, Council must proceed on the basis that the Sales Permit and the original development approval (MCU/09/0021) remain valid.

If, for whatever reason, DAF revokes or cancels the Sales Permit in the future, the applicant will be required to cease extraction operations.

The applicant has not been complying with Quarry Management Plan and Council has not enforced compliance.

Council officers have inspected the quarry site on at least four occasions since August 2014. There have also been several inspections by DAF and DEHP officers.

Compliance action has been undertaken by the respective agency where deemed necessary.

The fines material being extracted from the proposed quarry extension area is topsoil, not sand.

The resource being extracted is owned by the State and its removal is authorised by the DAF Sales Permit.

The applicant is required to rehabilitate the disturbed areas in accordance with the DEHP's Environmental Authority Permit Number EPPR01646013.

Council has an obligation to rectify the unlawful extraction by punishing operator and making the operator return the land to its original condition.

Council has an obligation to ensure development complies with the Mareeba Shire Planning Scheme 2004.

Upon becoming aware of the extractive operations outside of the approved area, Council officers directed the applicant to cease extraction from the proposed quarry extension until such time as an effective development permit is in place.

The applicant provided a written undertaking to cease extraction from the proposed quarry extension.

Council officers requested that the applicant submit a material change of use application for a development permit over the proposed quarry extension. This application was submitted in October 2014.

The applicant has continued to progress the application in order to resolve the unlawful activity.

Whilst the applicant is taking reasonable action to resolve

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this matter, commencing enforcing action would be counterproductive.

Enforcement action remains an option should the applicant fail to resolve this matter.

Internal review is underway by the Department of Agriculture and Fisheries. Current development application should be put on hold pending outcome of this review.

As discussed previously, on 3 August 2015, Council's Senior Planner contacted DAF to query whether the Department's internal investigation had affected the validity of the Sales Permit.

The DAF officer (John Ludlow) confirmed that the Sales Permit remains valid.

Council has a statutory requirement to decide this application within 40 business days following the commencement of the decision making stage. The decision making stage commenced on 29 July 2015.

Council is required to decide this development application by 22 September 2015.

Applicant has a history of non compliance and is not a good corporate citizen.

Council must decide the development application on planning grounds only.

The suitability of an applicant is not a matter Council can consider.

Response to Assessment Manager's information request not accurate.

It is agreed that the traffic assessment information response significantly understates the likely extraction volume for the Gingerella Quarry. Since operations commenced in 2010, annual extraction has typically been close to 100,000 tonnes, not 20,000 tonnes.

The existing Gingerella Quarry has a development permit (MCU/09/0021) which authorises the extraction and screening of up to 100,000 tonnes of quarry material per year.

This material is transported via the established road network to job sites around the region.

The material to be sourced from the proposed quarry extension will be used internally to mix with road base material. The quantity of material leaving the quarry gate via the Council road network will not increase above the already approved 100,000 tonnes per annum.

Accordingly, it is accepted that the the current application will not lead to a further impact on the external road network.

With respect to the Erosion and Sediment Control Plan prepared by Geology Services, the submitters views are noted.

As previously discussed, the resource being extracted is owned by the State and its removal is authorised by the DAF Sales Permit. It is not proposed to enter into a debate over whether the fines material is topsoil or sand.

The applicant is required to rehabilitate the disturbed areas in accordance with the DEHP's Environmental Authority Permit Number EPPR01646013.

Lessee continues to pay rates and rents on Sales Permit area.

Council must decide the development application on planning grounds only.

This is not a matter Council can consider.

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Quarry workers have trespassed onto lessee's land leaving rubbish and potentially risking bushfires.

Trespass is a criminal matter and may be referred to the Queensland Police should it occur.

Quarry located within the path that lessee uses to move cattle to cattle yards. A new fence is being erected at the lessee's expense.

The location of the established hard rock quarry is authorised under existing Development Approval MCU/09/0021. The current development application does not invalidate the previous development approval.

The DAF Sales Permit authorises the removal of material within the location applied for under this development application.

The product mixing area is approximately 120 metres from the cattle yards causing dust and noise nuisance.

The proposal is an environmentally relevant activity (ERA) administered by the Department of Environment and Heritage Protection (DEHP). On 11 March 2015, DEHP issued Environmental Authority Permit Number EPPR01646013 to the applicant covering various quarry sites, including the proposed quarry expansion. This environmental authority conditions air and noise emissions requiring no nuisance at any nuisance sensitive or commercial place (nearby cattle yards). It is also intended to condition the development to ensure stockpiles are only located in the areas shown on Figure 1 (Attachment 1). This would exclude the stockpiling of material in the north-western corner of the Sales Permit area, where the submitter has raised dust concerns.

Quarry noise impacts on the lessees ability to muster as cattle believe noise is from mustering helicopter and scatter.

Also moves cattle away from water points within quarry proximity causing over grazing elsewhere.

The established hard rock quarry is authorised under existing Development Approval MCU/09/0021. The noise of blasting, crushing and most processing is already occurring under this existing approval.

The noise from activities within the proposed quarry extension area is expected to be limited in comparision with the established hard rock quarry.

Council is not re-assessing the hard rock quarry development approval.

Excessive dust when quarry is in operation. Quartz dust may cause health impacts.

The proposal is an environmentally relevant activity (ERA) administered by the Department of Environment and Heritage Protection (DEHP). On 11 March 2015, DEHP issued Environmental Authority Permit Number EPPR01646013 to the applicant covering various quarry sites, including the proposed quarry expansion. This environmental authority conditions air and noise emissions requiring no nuisance at any nuisance sensitive or commercial place (nearby cattle yards).

The leesee wants continued access to the main water point within the extended Sales Permit area.

Agreed. The development should be conditioned to ensure that the water point and the land between the two quarry operational areas is kept accessable for grazing use. It is suggested that both quarry operational areas be fenced, along with the haul road, subject to a 60 metre cattle crossing (2 cattle grids) being installed along the haul road. Access to the water point for grazing use must be maintained.

Trucks movements associated with the quarry are impacting on the road network which impacts on the Lessees ability to transport goods.

The existing Gingerella Quarry has a development permit (MCU/09/0021) which authorises the extraction and screening of up to 100,000 tonnes of quarry material per year.

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This material is transported via the established road network to job sites around the region. The material to be sourced from the proposed quarry extension will be used internally to mix with road base material. The quantity of material leaving the quarry gate via the Council road network will not increase above the already approved 100,000 tonnes per annum. Accordingly, the current application does not lead to a further impact on the external road network.

Haul trucks travel too fast and cause cattle deaths and loss to the Lessee.

It is suggested that both quarry operational areas be fenced, along with the haul road, subject to a 60 metre cattle crossing (2 cattle grids) being installed along the haul road.

The submitter advises that they did not receive notification by mail, however applicant has submitted a notice of compliance indicating that a letter was sent to the submitter's address on record.

Submitters

PLANNING DISCUSSION The key issues of the proposed development are the progressive rehabilitation of the disturbed areas and the management of environmental impacts. The Department of Agriculture and Fisheries under the Forestry Act 1959 has issued a Sales Permit to the applicant authorizing the extraction of material from 286 hectares of Lot 1 on LD117. Compliance with the Sales Permit is administered by the Department of Agriculture and Fisheries. The proposed development is also an environmentally relevant activity under the Environmental Protection Act. The ERA is administered by the Department of Environment and Heritage Protection. Environmental Authority Permit Number EPPR01646013 was issued to M & G Crushing and Materials Pty Ltd on 11 March 2015 (Attachment 3). Council officers are satisfied that rehabilitation and other environmental impacts have been appropriately assessed and conditioned by the Department of Environment and Heritage Protection and it is not necessary for Council to also condition these matters. It is recommended that the application be approved in full with conditions. Date Prepared: 7 September 2015

Name of principal submitter Address

1. Wellington Family Trust, trading as Barwidgi Cattle Co

Barwidgi Station, MS 466, Mt Garnet QLD 4872

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ATTACHMENT 1 APPROVED PLANS (ECM VS 3609942)

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ITEM-2 CHANGE OF DEVELOPMENT APPROVAL & EXTENSION TO RELEVANT PERIOD - SIBI GIRGENTI HOLDINGS PTY LTD - MATERIAL CHANGE OF USE & RECONFIGURING A LOT- ONE(1) RURAL A LOT INTO EIGHTY-ONE(81) RESIDENTIAL LOW DENSITY LOTS -LOT 2 ON RP736573 -232 MCIVER ROAD, MAREEBA

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Planning Officer

DEPARTMENT: Corporate and Community Services

ATTACHMENTS: 1. Negotiated Decision Notice dated 22 September 2008

2. Applicant’s request to change development approval and Extension to Relevant Period dated 10 August 2015

3. Proposed amended Plan - Jim Papas Drafting Pty Ltd dated August 2012

4. Concurrence Agency responses (DILGP) dated 18 August 2015

APPLICATION PREMISES

APPLICANT Sibi Girgenti Holdings Pty Ltd ADDRESS 232 McIver Road, Mareeba

DATE REQUEST FOR CHANGE & EXT LODGED

12 August 2015 RPD Lot 2 on RP736573

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use & Reconfiguring a Lot - One (1) Rural A Lot into Eighty-One (81) Residential Low Density Lots

FILE NO REC/06/0112 AREA 19.47 Ha

LODGED BY U & I Town Plan OWNER Sibi Girgenti Holdings Pty Ltd

PLANNING SCHEME

Mareeba Shire Transitional Planning Scheme

ZONE Residential (Preliminary Approval)

LEVEL OF ASSESSMENT

Impact Assessment

SUBMISSIONS One (1)

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EXECUTIVE SUMMARY

Council approved a development application described in the above application details at its Ordinary Meeting held on 2 July 2008, subject to conditions. A subsequent request for Negotiated Decision Notice was approved by Council at its Ordinary Meeting on 10 September 2008. The Negotiated Decision Notice was issued on 22 September 2008. Since the development was approved in 2008, Council has approved two applications to extend the approval's relevant period. The development approval will lapse on 22 September 2015 unless a further extension is granted by Council. The application was impact assessable and one (1) properly made submission was received in response to public notification of the application. U & I Town Plan, on behalf of the applicant, has subsequently lodged this application to amend the development approval and extend the relevant period for a further one (1) year. The applicant wishes to amend the approval to allow the development to proceed in two stages (Stage 8 and 9). Stage 8 will create proposed Lot 17 only, which contains one of the site's existing dwellings in the south-west corner of the lot, while Stage 9 will create balance Lots 1-16 & 18-81. In addition to the staging amendment, the applicant has requested that Council allow the development of Stage 8 (creating Lot 17) to occur with minimal development works, relying on the dwelling's existing servicing arrangements as an interim measure only, until such time that Stage 9 is developed and reticulated infrastructure is extended to a point where Lot 17 can be serviced by this infrastructure. As the approval stands, in order to create Lot 17, the applicant would need to complete extensive development works including the extension of Council's reticulated water and sewerage infrastructure over an approximate distance of 1 km in order to service the stand-alone allotment. Council's planning officers do not hold significant concerns with the requested amendments, especially considering proposed Lot 17 contains an already adequately serviced dwelling, and provided the existing services are an interim measure only. Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. It is considered that the proposed change/s will not result in a substantially different development and constitute a permissible change under section 367 of SPA. It is recommended that the application to change the development approval be approved in full, and the relevant conditions amended to reflect the requested change. Furthermore, the applicant's request for a one (1) year extension to the relevant period is consistent with Council officers' informal policy position for approvals that have previously been granted extensions, and is therefore also recommended for approval.

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OFFICER'S RECOMMENDATION

"That: 1. In relation to the following development approval:

and in accordance with the Sustainable Planning Act 2009:

(A) The description of the approved development of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: The application seeks a Development Permit for Material Change of Use & Reconfiguring a Lot – Development Permit for Material Change of Use & Reconfiguration of a Lot – One (1) Rural Lot into Eighty- One (81) Residential Low Density Lots in two Stages. made assessable by the Mareeba Shire Planning Scheme 2004.

(B) The approved plan of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows:

Plan/Document Number

Plan/Document Title Prepared by Dated

210_04 Proposed MCU & Reconfiguration

28.03.07

1107 - SK10 Staging Plan Jim Papas Drafting Pty Ltd August 2012

(C) Condition 1 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 1. Development of the site is to be substantially in accordance with Drawing

No. 210_04 1107 - SK10 and the facts and circumstances of the use as submitted with the application, subject to any alterations: (a) found necessary by the Council's delegated officer Chief Executive

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

(b) to ensure compliance with the following conditions of approval.

(D) Condition 2 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows:

APPLICATION PREMISES

APPLICANT Sibi Girgenti Holdings Pty Ltd ADDRESS 232 McIver Road, Mareeba

DATE REQUEST /S 12 August 2015 RPD Lot 2 on RP736573

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Material Change of Use & Reconfiguring a Lot - One (1) Rural A Lot into Eighty-One (81) Residential Low Density Lots

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2. The conditions of the development permit for each stage of the

development must be complied with to the satisfaction of Council's delegated officer prior to the signing and dating of the plan of survey for each stage, except where specified otherwise in these conditions of approval.

(E) Condition 4 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 4. Roadwork's External Contribution (Stage 9 Only)

To cover extra traffic movements created by this development, the applicant must contribute per additional allotment towards the augmentation of the road network in accordance with the adopted policy of Council existing at the time of payment. This contribution is to be paid prior to the signing of the plan of survey. The value (as agreed by Council's delegated officer) of the external works required under Conditions 5(a)(iii) and (iv) shall be credited towards the contribution required under Condition 4.

(F) Condition 5 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 5. External Works (Stage 9 Only)

(a) McIver Road

(i) The applicant is to upgrade and widen the existing concrete

causeway to a flood free, two (2) lane causeway (minimum width 7.0 metres) as per FNQROC Development Manual.

(ii) The existing bitumen on McIver Road, from the concrete causeway to the end of the bitumen, is to be widened on the northern side by three (3) metres.

(iii) The formed section of McIver Road is to be reconstructed to a two (2) lane bitumen road (minimum width 7.0 metres) from Tilse Street to the eastern boundary of proposed Lot 1. The gravel section of McIver Road is to be constructed to a single lane bitumen road (minimum width 4.0 metres) from the eastern boundary of proposed Lot 1 for the full McIver Road frontage of Lot 2 on RP736573 to the western boundary of proposed Lot 17.

(iv) Kerb and Channel is to be constructed on the northern side of McIver Road from Tilse Street to the unnamed road reserve (proposed Lot 1).

(b) (i) The applicant is to provide to Council a detailed drainage study, prepared by a suitably qualified person, which will include the

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impacts this development will have on adjoining and downstream properties.

(ii) All drainage works are to be designed and constructed in accordance with the FNQROC Development Manual.

(c) The unformed road running north from McIver Road to the Chillagoe-Mungana railway line is to be designed and constructed with kerb and channel to a two (2) lane bitumen road in accordance with the FNQROC Development Manual.

(d) Should the applicant plan to use the unformed road reserve running parallel to the Chillagoe-Mungana railway line, then the road is to be designed and constructed with kerb and channel to a two (2) lane bitumen road in accordance with the FNQROC Development Manual.

(e) The above operational works and all other operational works approved for this development must be undertaken as per the following requirements.

(G) Condition 6 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 6. General (Stage 9 Only)

(i) All operational works relating to this development will be as per the

FNQROC Development Manual, including the following:-

(ii) Prior to the submission of any documentation Council draws attention to AP 1 Application Procedures with particular reference to:- AP 1.02 Pre-Lodgement Discussion AP 1.07 Supporting Information, in particular:-

9 (xi) Erosion and Sediment Control Strategy (ESCS)

9 (xvii) Landscaping Design Plan

AP 1.08-1.14 Plan Presentation AP 1.15-1.31 Design Drawings (including asphalt

intersection/cul-de-sac details with bitumen road)

(iii) Documentation as detailed in AP 1 should be submitted at least one (1) month prior to the proposed starting date for construction.

(iv) Refer also to associated Mareeba Shire Specific Requirements and Standard Drawings, including crossfall of 4% on all roads and bitumen. Samples are to be taken prior to any bitumen spraying commencing.

(v) All aspects of construction works must be undertaken to the satisfaction of Council's Delegated Officer.

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(vi) No work may commence on site until Council has approved both the:- (a) Erosion and Sediment Control Strategy; and (b) Principal Contractor's Sediment Control Plan.

(H) Condition 7 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows:

7. Roadworks and Earthworks (Stage 9 Only)

(i) Roadworks are to be designed and constructed in accordance with FNQROC Development Manual with particular reference to the following sections:- DP 1 Development Principles D1 Road Geometry D2 Site Regrading D3 Road Pavements (Design) S1 Earthworks S2 Road Pavements (Specification) Table D1.1 Street and Road Hierarchy

(ii) Refer also to associated Mareeba Shire Council Specific Requirements and Standard Drawings.

(I) Condition 8 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 8. Stormwater Drainage

Stage 8 (interim only) (i) The applicant/developer must take all necessary steps to ensure

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

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

Stage 9 (i) Stormwater drainage is to be designed and constructed in

accordance with FNQROC Development Manual with particular reference to the following sections. DP 1 Development Principles D4 Stormwater Drainage (Design) D5 Stormwater Quality Management S4 Stormwater Drainage (Specification)

(ii) See also condition 5 (b) of this approval.

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(iii) Refer also to Mareeba Shire specific requirements and site drawings.

(iv) For each culvert to be installed, a detailed plan and long section (upstream and downstream) of the waterway involved must be submitted as part of the "Detailed Engineering Drawings" to Council. This is to enable Council to ensure the culvert is in the correct location.

(v) Stormwater drainage must be designed and constructed in consideration of Lot 17.

(J) Condition 9 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 9. Water Supply

Stage 8 (interim only) (i) Lot 17 must be provided with a potable water supply that can

satisfy the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).

Stage 9 (i) Water reticulation is to be designed and constructed in accordance

with FNQROC Development Manual with particular reference to the following sections. D5 Water Reticulation (Design) S5 Water Reticulation (Specification)

(ii) Refer also to Mareeba Shire Council specific requirements and standard drawings, as listed in the FNQROC Manual.

(iii) All work mentioned above including laying and installation, is to be carried out to the specific requirements of Mareeba Shire and the satisfaction of Council's Delegated Officer.

(iv) At such time that Council's reticulated water supply infrastructure is extended/upgraded to service Lot 16 or 18 of Stage 9, a water service connection must be provided to Lot 17 in accordance with FNQROC Development Manual standards (as amended), to the satisfaction of Council's delegated officer. Prior to Council endorsement of any survey plan containing Lot 16 or 18, the existing dwelling on Lot 17 must be connected to the water service mentioned above, to the satisfaction of Council's delegated officer.

(K) Condition 10 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows:

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10. Water Headworks

The applicant shall contribute to the cost of water headworks in accordance with the adopted policy of Council existing at the time of payment. This payment to be made prior to the signing and sealing of the Plan of Survey Note: A contribution for water headworks is payable for Lot 17 prior

to the endorsement of any survey plan containing Lot 16 or 18.

(L) Condition 11 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 11. Sewerage Connection

Stage 8 (interim only) (i) The dwelling on Lot 17 must continue to be serviced by its

existing on-site effluent disposal system, to the satisfaction of Council's delegated officer.

Stage 9 (i) Sewerage reticulation is to be designed and constructed in

accordance with FNQROC Development Manual with particular reference to the following sections. DP1 Development Principles D7 Sewerage System (Design) S6 Sewerage Reticulation (Specifications)

(ii) Refer also to Mareeba Shire Council specific requirements and standard drawings.

(iii) Prior to the preparation of detailed engineering drawings the applicant shall nominate the preferred connection point for the new development to discharge into the existing reticulated system.

(iv) The Contractor is to allow in his contract price the cost for video checking (and rectification if necessary) of all new sewer work in accordance with Mareeba Shire Council's requirements.

(v) At such time that Council's reticulated sewerage infrastructure is extended/upgraded to service Lot 16 or 18 of Stage 9, a sewerage connection must be provided to Lot 17 in accordance with FNQROC Development Manual standards (as amended), to the satisfaction of Council's delegated officer. Prior to Council endorsement of any survey plan containing Lot 16 or 18, the existing dwelling on Lot 17 must be plumbed into the sewerage connection mentioned above, and the on-site

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wastewater disposal system decommissioned and removed from the site, to the satisfaction of Council's delegated officer.

(M) Condition 12 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 12. Sewerage Headworks

The applicant shall contribute to the cost of sewerage headworks in accordance with the adopted policy of Council existing at the time of payment. This payment to be made prior to the signing of the Plan of Survey. Note: A contribution for sewerage headworks is payable for Lot 17

prior to the endorsement of any survey plan containing Lot 16 or 18.

(N) Condition 13 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 13. Construction (Stage 9 Only)

(i) As well as the requirements set out in the Design Guidelines and

Specifications of the FNQROC Development Manual, Council draws attention to CP 1 Construction Procedures which details minimum requirements acceptable to Council. Particular reference is made to the following sections. CP 1.04 Inspection and Test Plan CP 1.06 Contractors Erosion and Sediment Control Plan CP 1.08 Notice to Commence Works CP 1.09 Pre-Start Meeting

(ii) Before any contractor can proceed on site, the applicant is to complete and submit for signing of approval to Council's Delegated Officer, the “Notice of Appointment of Principal Contractor” form, stating who is to be the Principal Contractor for this development. (Council reserves the right to reject the nominated Contractor).

(iii) All construction works are to be carried out to the requirements of the FNQROC Development Manual and the specific Mareeba Shire requirements.

(iv) All aspects of construction works must be undertaken to the satisfaction of Council's Delegated Officer.

(O) Condition 14 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 14. Public Open Space Contribution (Stage 9 only)

The Applicant shall make a contribution per additional allotment towards public open space in accordance with the adopted policy of Council

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existing at the time of payment. This payment to be made prior to the signing and sealing of the Plan of Survey.

(P) Condition 15 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 15. Electricity Reticulation

Stage 8 (interim only) The applicant shall provide written advice from Ergon Energy that satisfactory arrangements have been made for an electricity supply to be provided to both allotments (Lot 17 and balance). Stage 9 The applicant shall provide written advice from Ergon Energy that satisfactory arrangements have been made for an underground electricity supply to be provided to the proposed allotments. These arrangements must include an underground electricity supply to Lot 17 if not provided in Stage 8.

(Q) Condition 16 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 16. Telecommunications

Stage 8 The existing telecommunications connection to the dwelling on Lot 17 is to be maintained, to the satisfaction of Council's delegated officer. Stage 9 The applicant must arrange the provision of any conduits and enveloping pipes necessary for the Telecommunication Service Provider servicing of the allotments. Written advice from a Telecommunication Service Provider must be provided to Council indicating a Telecommunication Service Provider has received a copy of the proposal plan and what its requirements are in relation thereto.

(R) Condition 19 of Council’s Negotiated Decision Notice issued on 22 September 2008 be amended as follows: 19. Buffer (Stage 9 only)

A vegetated buffer strip of twenty (20) metres in width shall be established and maintained by the applicant and any subsequent owner of any part of the land affected by this Condition within the Stage 9 area of the site

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abutting McIver Road (Lot 1 - 16). Within such strip along McIver Road there shall be erected a double-slatted treated wooden fence of 1.8 metres in height. The buffer zone shall be landscaped with suitable vegetation and an irrigation system by the applicant at the time of construction of the first stage of the reconfiguration. The buffer strip shall also contain any necessary drainage system. At the time of submission of the application for approval of operational works, a landscape plan detailing the above requirements shall be submitted to Council for approval. Such approval shall contain requirements that the landowner for the time being of any part of the land on which the buffer strip is established shall maintain this buffer strip and fencing to the satisfaction of Council. Statutory covenants in favour of Council must be created over the relevant sections of buffer within each allotment. All trees and shrubs planted as part of the buffer must achieve a minimum height of 800 mm above ground level prior to Council's endorsement of the survey plan.

(S) The relevant period be extended for one (1) year from 22 September 2015 to 22 September 2016.

2. A Notice of Decision on Request to Change a Development Approval and Request to Extend the Relevant Period be issued to the applicant and the Department of Infrastructure, Local Government and Planning, State Assessment and Referral Agency (SARA) via email [email protected] (reference: SPD-0815-020308 / SPD-0815-020310) advising of Council's decision".

THE SITE

The subject land is situated at 232 McIver Road, approximately 440 metres from the intersection of Tilse Street and McIver Road and is described as Lot 2 on RP736573, Parish of Tinaroo, County of Nares. The subject site is irregular in shape with a total area of 19.47 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The site contains approximately 515 metres of frontage to McIver Road to the south, and another 1.2km of frontage to undeveloped road reserve along the entire northern and eastern boundaries of the site. Access to the site is currently gained via McIver Road which is constructed to a formed gravel standard for its entire frontage to the site. The site is improved by two (2) dwellings situated in its north-west and south-west corners. It is understood the site is used for different forms of cropping from time to time. Allotments to the south and west of the site are zoned Rural and contain a mixture of agricultural uses while lots to the east of the site are zoned residential which includes the Prestige Gardens development.

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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: 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.

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BACKGROUND AND CONTEXT On 2 July 2008, Council approved the superseded planning scheme application made by Robin Trotter Cadastral Surveyor on behalf of Sibi Girgenti Holdings Pty Ltd for preliminary approval for Material Change of Use varying the effect of the Planning Scheme (Rural A zone to Residential Low Density) and a development permit for Reconfiguring a Lot - 1 lot into 81 lots of land described as Lot 2 on RP736573, Parish of Tinaroo, situated at 232 McIver Road, Mareeba, subject to conditions. The application was assessed under the 1984 Transitional Mareeba Shire Planning scheme. The decision notice was issued on 9 July 2008. A negotiated decision notice was approved by Council at its meeting of 10 September 2008 and issued on 22 September 2008 (Attachment 1). Since the issue of the Development Permit in 2008, two (2) extensions to the relevant period have been granted by Council. The relevant period is set to expire on 22 September 2015. U & I Town Plan, on behalf of the applicant, has subsequently lodged this application to amend the development approval and extend the relevant period for a further one (1) year. The applicant wishes to amend the approval to allow the development to proceed in two (2) stages (Stage 8 and 9). Stage 8 will create proposed Lot 17 only, which contains one (1) of the site's existing dwellings in the south-west corner of the lot, while Stage 9 will create balance Lots 1-16 & 18-81. In addition to the staging amendment, the applicant has requested that Council allow the development of Stage 8 (creating Lot 17) to occur with minimal development works, relying on the dwelling's existing servicing arrangements as an interim measure only, until such time that Stage 9 is developed and reticulated infrastructure is extended to a point where Lot 17 can be serviced by this infrastructure. As the approval stands, in order to create Lot 17, the applicant would need to complete extensive development works including the extension of Council's reticulated water and sewerage infrastructure over an approximate distance of 1 km in order to service the stand-alone allotment. The existing dwelling on proposed Lot 17 is considered to be adequately serviced as is. The applicant's request for a one (1) year extension to the relevant period is consistent with Council officers' informal policy position for approvals that have previously been granted extensions.

ASSESSMENT AND DECISION REQUIREMENTS Permissible Change for a Development Approval The requested changes to the development approval must constitute a permissible change under section 367 of SPA. For deciding whether a change is a permissible change the planning instruments in force at the time of the request apply. A permissible change to the approval would not:-

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result in a substantially different development Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. The following list provided in the Statutory Guideline identifies changes that may result in a substantially different development and would therefore not be a permissible change under SPA. The list is intended as a guide and is not intended to be exhaustive. A change may result in a substantially different development if the proposed change:

Involves a new use with different or additional impacts

Results in the application applying to a new parcel of land

Dramatically changes the built form in terms of scale, bulk and appearance

Changes the ability of the proposal to operate as intended

Removes a component that is integral to the operation of the development

Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site

Introduces new impacts or increases the severity of known impacts

Removes an incentive or offset component that would have balanced a negative impact of the development

Impacts on infrastructure provision, location or demand It is considered that the proposed change will not result in a substantially different development.

require referral to additional concurrence agencies The proposed change does not result in a development requiring referral to additional concurrence agencies.

for an approval for assessable development that previously did not require impact assessment – require impact assessment The proposed change does not result in a change to the level of assessment.

for an approval for assessable development that previously required impact assessment – be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstance allowed The proposed change does not give rise to matters which may have attracted further submissions. Nor does the proposed change lessen or delete conditions which were imposed to mitigate impacts of the development.

cause development to which the approval relates to include any prohibited development.

The proposed change does not include any prohibited development.

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The proposed change to the development approval constitutes a permissible change to the approval. Assessment rules Section 374 of SPA requires that Council must assess the proposed change having regard to:

the information the person making the request included with the request

The details of the request to change the approval were provided by U & I Town Plan on behalf of the applicant in a letter to Council dated 10 August 2015. The proposed changes and response are addressed in the body of this report.

the matters the responsible entity would have regard to if the request were a development application The original development application was assessed against the Mareeba Shire Transitional Planning Scheme. The development application was consistent with the intent of the 1994 Strategic Plan which placed the subject land within the Urban designation. The current Mareeba Shire Planning Scheme 2004 places the subject land within the Rural zone. As part of the draft Planning Scheme submission review process, and in light of existing development approval REC/06/0112, Council, at its Ordinary Meeting on 19 August 2015, resolved to amend the zoning of the subject land from Rural to Low Density Residential. If a fresh application for the same development (including preliminary approval) was submitted and assessed against the current Planning Scheme, weight would be given to the application's consistency with the future low density residential zoning of the subject land under the draft Planning Scheme. It is likely that the application would be recommended for approval.

if submissions were made about the original application – the submissions The original development application was Impact Assessable and subject to public notification. One properly made submission was submitted to the original application. The proposed change does not give rise to matters which may have attracted further submissions. Nor does the proposed change lessen or delete conditions which were imposed to mitigate impacts of the development.

any notice about the request given under section 373 (notices from Concurrence Agencies) to the entity The original application triggered referral to the Department of Main Roads, the Department of Natural Resources and Water, and Queensland Transport as Concurrence Agencies.

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On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department advised in a letter dated 18 August 2015 that they have no objection to the proposed change (Attachment 4).

any pre-request response notice about the request No pre-request response notices were received.

Request to Extend the Relevant Period Assessment rules Section 388 of SPA requires that Council must have regard to:

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. The original development application was assessed against the Mareeba Shire Transitional Planning Scheme. The development application was consistent with the intent of the 1994 Strategic Plan which placed the subject land within the Urban designation. The current Mareeba Shire Planning Scheme 2004 places the subject land within the Rural zone. As part of the draft Planning Scheme submission review process, and in light of existing development approval REC/06/0112, Council, at its Ordinary Meeting on 19 August 2015, resolved to amend the zoning of the subject land from Rural to Low Density Residential. If a fresh application for the same development (including preliminary approval) was submitted and assessed against the current Planning Scheme, weight would be given to the application's consistency with the future low density residential zoning of the subject land under the draft Planning Scheme. It is likely that the application would be recommended for approval.

the community’s awareness of the development approval The original development application was Impact Assessable and subject to public notification. One properly made submission was submitted to the original application. The proposed extension to the relevant period is considered minor and considering the extent of development that has occurred (Prestige Gardens) it is considered that the community are generally aware of the approved development.

whether, if the request were refused –

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(i) further rights to make a submission may be available for a further development application; and

(ii) the likely extent to which those rights may be exercised; A further development application would be Impact Assessable and subject to public notification.

the views of any concurrence agency for the approval given under section 385. The original application triggered referral to the Department of Main Roads, the Department of Natural Resources and Water, and Queensland Transport as Concurrence Agencies. On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department advised in a letter dated 18 August 2015 that they have no objection to the proposed change (Attachment 4).

REQUEST TO CHANGE THE DEVELOPMENT APPROVAL Description of approved development

The application seeks a Development Permit for Material Change of Use & Reconfiguring a Lot – Material Change of Use & Reconfiguration of a Lot – One (1) Rural Lot into Eighty- One (81) Residential Low Density Lots made assessable by the Mareeba Shire Planning Scheme 2004. Request by Applicant Due to current market conditions, the developer now wishes to stage the development to allow the staged construction and rollout of the allotments. In particular, the developer would like to excise the existing residence (proposed lot 17) from the remainder of the site by staging the proposed development. Accordingly, the developer would like to request a Permissible Change to the development approval in accordance with section 370 of the Sustainable Planning Act 2009 (SPA) to allow the development to proceed in two (2) stages being: Stage 8 – Proposed Lot 17 Stage 9 – Proposed Lots 1-16 & 18-81 Response No objection is raised to the requested change to the staging of the development. The description of the approved development should be amended to reflect the proposed staging. It is recommended that the description of the approved development be amended as follows:

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The application seeks a Development Permit for Material Change of Use & Reconfiguring a Lot – Development Permit for Material Change of Use & Reconfiguration of a Lot – One (1) Rural Lot into Eighty- One (81) Residential Low Density Lots in two Stages. made assessable by the Mareeba Shire Planning Scheme 2004.

Approved Plan/s

Plan / Document

Number

Plan / Document Name Date

210_04 Proposed MCU & Reconfiguration 28.03.07

Request by Applicant Due to current market conditions, the developer now wishes to stage the development to allow the staged construction and rollout of the allotments. In particular, developer would like to excise the existing residence (proposed lot 17) from the remainder of the site by staging the proposed development. Accordingly, the developer would like to request a Permissible Change to the development approval in accordance with section 370 of the Sustainable Planning Act 2009 (SPA) to allow the development to proceed in two (2) stages being: Stage 8 – Proposed Lot 17 Stage 9 – Proposed Lots 1-16 & 18-81 Response No objection is raised to the requested change to the staging of the development. The list of approved plans should be amended to reflect the revised staged plan of development. It is recommended the approved plan be amended as follows:

Plan/Document Number

Plan/Document Title Prepared by Dated

210_04 Proposed MCU & Reconfiguration

28.03.07

1107 - SK10 Staging Plan Jim Papas Drafting Pty Ltd August 2012

Condition 1

1. Development of the site is to be substantially in accordance with Drawing No. 210_04 and the facts and circumstances of the use as submitted with the application, subject to any alterations: (a) found necessary by the Chief Executive Officer at the time of examination

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

(b) to ensure compliance with the following conditions of approval.

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Request by Applicant Due to current market conditions, the developer now wishes to stage the development to allow the staged construction and rollout of the allotments. In particular, developer would like to excise the existing residence (proposed lot 17) from the remainder of the site by staging the proposed development. Accordingly, the developer would like to request a Permissible Change to the development approval in accordance with section 370 of the Sustainable Planning Act 2009 (SPA) to allow the development to proceed in two (2) stages being: Stage 8 – Proposed Lot 17 Stage 9 – Proposed Lots 1-16 & 18-81 Response No objection is raised to the requested change to the staging of the development. Condition 1 must be amended to reflect the staging and new plan of development. It is recommended Condition 1 be amended as follows: 1. Development of the site is to be substantially in accordance with Drawing No.

210_04 1107 - SK10 and the facts and circumstances of the use as submitted with the application, subject to any alterations: (a) found necessary by the Council's delegated officer Chief Executive

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

(b) to ensure compliance with the following conditions of approval.

Condition 2

2. The conditions of the development permit must be complied with prior to the signing and dating of the plan of survey, except where specified otherwise in these conditions of approval.

Request by Applicant Due to current market conditions, the developer now wishes to stage the development to allow the staged construction and rollout of the allotments. In particular, developer would like to excise the existing residence (proposed lot 17) from the remainder of the site by staging the proposed development. Accordingly, the developer would like to request a Permissible Change to the development approval in accordance with section 370 of the Sustainable Planning Act 2009 (SPA) to allow the development to proceed in two (2) stages being: Stage 8 – Proposed Lot 17 Stage 9 – Proposed Lots 1-16 & 18-81

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Response No objection is raised to the requested change to the staging of the development. Condition 2 must be amended to reflect the staging of the development. It is recommended that Condition 2 be amended as follows: 2. The conditions of the development permit for each stage of the development

must be complied with to the satisfaction of Council's delegated officer prior to the signing and dating of the plan of survey for each stage, except where specified otherwise in these conditions of approval.

Condition 4 - Roadworks External Contribution

4. Roadworks External Contribution To cover extra traffic movements created by this development, the applicant must contribute per additional allotment towards the augmentation of the road network in accordance with the adopted policy of Council existing at the time of payment. This contribution is to be paid prior to the signing of the plan of survey. The value (as agreed by Council's delegated officer) of the external works required under Conditions 5(a)(iii) and (iv), shall be credited towards the contribution required under Condition 4.

Request by Applicant Proposed lot 17 is existing and currently serviced by the existing road network infrastructure. No additional traffic will result as a consequence of this stage of the development. Therefore the external works referred to will be required as part of stage 9. Response Both proposed Lot 17 (Stage 8) and the balance lot (future Stage 9) will contain established dwellings, both accessed from McIver Road. As such, Stage 8 will not result in any additional vehicle movements on Council's road network and it is therefore not considered necessary to charge an Augmentation of the Road Network contribution for Stage 8. It is recommended that Condition 4 be amended as follows: 4. Roadwork's External Contribution (Stage 9 Only)

To cover extra traffic movements created by this development, the applicant must contribute per additional allotment towards the augmentation of the road network in accordance with the adopted policy of Council existing at the time of payment. This contribution is to be paid prior to the signing of the plan of survey. The value (as agreed by Council's delegated officer) of the external works required under Conditions 5(a)(iii) and (iv), shall be credited towards the contribution required under Condition 4.

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Condition 5 - External Works

5. External Works (a) McIver Road

(i) The applicant is to upgrade and widen the existing concrete

causeway to a flood free, two (2) lane causeway (minimum width 7.0 metres) as per FNQROC Development Manual.

(ii) The existing bitumen on McIver Road, from the concrete causeway to the end of the bitumen, is to be widened on the northern side by three (3) metres.

(iii) The formed section of McIver Road is to be reconstructed to a two (2) lane bitumen road (minimum width 7.0 metres) from Tilse Street to the eastern boundary of proposed Lot 1. The gravel section of McIver Road is to be constructed to a single lane bitumen road (minimum width 4.0 metres) from the eastern boundary of proposed Lot 1 for the full McIver Road frontage of Lot 2 on RP736573.

(iv) Kerb and Channel is to be constructed on the northern side of McIver Road from Tilse Street to the unnamed road reserve (proposed Lot 1).

(b) (i) The applicant is to provide to Council a detailed drainage study, prepared by a suitably qualified person, which will include the impacts this development will have on adjoining and downstream properties.

(ii) All drainage works are to be designed and constructed in accordance with the FNQROC Development Manual.

(c) The unformed road running north from McIver Road to the Chillagoe-Mungana railway line is to be designed and constructed with kerb and channel to a two (2) lane bitumen road in accordance with the FNQROC Development Manual.

(d) Should the applicant plan to use the unformed road reserve running parallel to the Chillagoe-Mungana railway line, then the road is to be designed and constructed with kerb and channel to a two (2) lane bitumen road in accordance with the FNQROC Development Manual.

(e) The above operational works and all other operational works approved for this development must be undertaken as per the following requirements.

Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No additional traffic will result as a consequence of this stage of the development. Therefore the external works referred to does not apply to this stage and will be required as part of stage 9.

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Response The applicant has requested that the approval be amended to allow Stage 8 (proposed Lot 17) to be created without the requirement to complete the external road works on the basis that proposed Lot 17 already contains an existing dwelling house and would not result in any increase to vehicle movements on the surrounding road network. No objection is raised to the requested amendment to Condition 5 to allow Stage 8 to be completed with no external roadwork requirements. It is recommended Condition 5 be amended as follows: 5. External Works (Stage 9 Only)

(a) McIver Road

(iii) The applicant is to upgrade and widen the existing concrete

causeway to a flood free, two (2) lane causeway (minimum width 7.0 metres) as per FNQROC Development Manual.

(iv) The existing bitumen on McIver Road, from the concrete causeway to the end of the bitumen, is to be widened on the northern side by three (3) metres.

(iii) The formed section of McIver Road is to be reconstructed to a two (2) lane bitumen road (minimum width 7.0 metres) from Tilse Street to the eastern boundary of proposed Lot 1. The gravel section of McIver Road is to be constructed to a single lane bitumen road (minimum width 4.0 metres) from the eastern boundary of proposed Lot 1 for the full McIver Road frontage of Lot 2 on RP736573 to the western boundary of proposed Lot 17.

(iv) Kerb and Channel is to be constructed on the northern side of McIver Road from Tilse Street to the unnamed road reserve (proposed Lot 1).

(b) (i) The applicant is to provide to Council a detailed drainage study, prepared by a suitably qualified person, which will include the impacts this development will have on adjoining and downstream properties.

(ii) All drainage works are to be designed and constructed in accordance with the FNQROC Development Manual.

(c) The unformed road running north from McIver Road to the Chillagoe-Mungana railway line is to be designed and constructed with kerb and channel to a two (2) lane bitumen road in accordance with the FNQROC Development Manual.

(d) Should the applicant plan to use the unformed road reserve running parallel to the Chillagoe-Mungana railway line, than the road is to be designed and constructed with kerb and channel to a two (2) lane bitumen road in accordance with the FNQROC Development Manual.

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(e) The above operational works and all other operational works approved for this development must be undertaken as per the following requirements.

Condition 6

6. General (i) All operational works relating to this development will be as per the

FNQROC Development Manual, including the following:-

(ii) Prior to the submission of any documentation Council draws attention to AP 1 Application Procedures with particular reference to:- AP 1.02 Pre-Lodgement Discussion AP 1.07 Supporting Information, in particular:-

9 (xi) Erosion and Sediment Control Strategy (ESCS) 9 (xvii) Landscaping Design Plan

AP 1.08-1.14 Plan Presentation AP 1.15-1.31 Design Drawings (including asphalt intersection/cul-de-

sac details with bitumen road)

(iii) Documentation as detailed in AP 1 should be submitted at least one (1) month prior to the proposed starting date for construction.

(iv) Refer also to associated Mareeba Shire Specific Requirements and Standard Drawings, including crossfall of 4% on all roads and bitumen. Samples are to be taken prior to any bitumen spraying commencing.

(v) All aspects of construction works must be undertaken to the satisfaction of Council's Delegated Officer.

(vi) No work may commence on site until Council has approved both the:- (a) Erosion and Sediment Control Strategy; and (b) Principal Contractor's Sediment Control Plan.

Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No civil works is proposed nor required as part of this development as it is currently serviced with existing services on-site. As such, conditions 6 to 8 do not form part of this stage of the development. Response In light of the requested changes, no development works are required for proposed Stage 8 (Lot 17). As such, no objection is raised to the removal of Condition 6 as a requirement for Stage 8. It is recommended that Condition 6 be amended as follows:

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6. General (Stage 9 Only) (i) All operational works relating to this development will be as per the

FNQROC Development Manual, including the following:-

(ii) Prior to the submission of any documentation Council draws attention to AP 1 Application Procedures with particular reference to:- AP 1.02 Pre-Lodgement Discussion AP 1.07 Supporting Information, in particular:-

9 (xi) Erosion and Sediment Control Strategy (ESCS) 9 (xvii) Landscaping Design Plan

AP 1.08-1.14 Plan Presentation AP 1.15-1.31 Design Drawings (including asphalt intersection/cul-de-

sac details with bitumen road)

(iii) Documentation as detailed in AP 1 should be submitted at least one (1) month prior to the proposed starting date for construction.

(iv) Refer also to associated Mareeba Shire Specific Requirements and Standard Drawings, including crossfall of 4% on all roads and bitumen. Samples are to be taken prior to any bitumen spraying commencing.

(v) All aspects of construction works must be undertaken to the satisfaction of Council's Delegated Officer.

(vi) No work may commence on site until Council has approved both the:- (a) Erosion and Sediment Control Strategy; and (b) Principal Contractor's Sediment Control Plan.

Condition 7 - Roadworks and Earthworks

7. Roadworks and Earthworks (i) Roadworks are to be designed and constructed in accordance with

FNQROC Development Manual with particular reference to the following sections:- DP 1 Development Principles D1 Road Geometry D2 Site Regrading D3 Road Pavements (Design) S1 Earthworks S2 Road Pavements (Specification) Table D1.1 Street and Road Hierarchy

(ii) Refer also to associated Mareeba Shire Council Specific Requirements and Standard Drawings.

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Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No civil works is proposed nor required as part of this development as it is currently serviced with existing services on-site. As such, conditions 6 to 8 do not form part of this stage of the development. Response In light of the requested changes, no development works are required for proposed Stage 8 (Lot 17). As such, no objection is raised to the removal of Condition 7 as a requirement for Stage 8. It is recommended that Condition 7 be amended as follows: 7. Roadworks and Earthworks (Stage 9 Only)

(i) Roadworks are to be designed and constructed in accordance with

FNQROC Development Manual with particular reference to the following sections:- DP 1 Development Principles D1 Road Geometry D2 Site Regrading D3 Road Pavements (Design) S1 Earthworks S2 Road Pavements (Specification) Table D1.1 Street and Road Hierarchy

(ii) Refer also to associated Mareeba Shire Council Specific Requirements and Standard Drawings.

Condition 8 - Stormwater Drainage

8. Stormwater Drainage (i) Stormwater drainage is to be designed and constructed in accordance with

FNQROC Development Manual with particular reference to the following sections. DP 1 Development Principles D4 Stormwater Drainage (Design) D5 Stormwater Quality Management S4 Stormwater Drainage (Specification)

(ii) See also condition 5 (b) of this approval.

(iii) Refer also to Mareeba Shire specific requirements and site drawings.

(iv) For each culvert to be installed, a detailed plan and long section (upstream and downstream) of the waterway involved must be submitted as part of the "Detailed Engineering Drawings" to Council. This is to enable Council to ensure the culvert is in the correct location.

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Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No civil works is proposed nor required as part of this development as it is currently serviced with existing services on-site. As such, conditions 6 to 8 do not form part of this stage of the development. Response The intent of Condition 8 is to manage stormwater drainage and quality across the entire developed site. Proposed Stage 8 will involve the creation of Lot 17 only, therefore the degree of stormwater investigation and management required under Condition 8 could be considered unreasonable for the creation of one allotment. Although no objection is raised to the removal of Condition 8 as a requirement for Stage 8, it is considered necessary to place some control over stormwater discharge from Stage 8 as well as ensure that any stormwater management investigations and designs for Stage 9 consider Lot 17. It is recommended that Condition 8 be amended as follows: 8. Stormwater Drainage

Stage 8 (interim only) (i) The applicant/developer must take all necessary steps to ensure a

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

(ii) All stormwater drainage must be collected from site and discharged

to an approved legal point of discharge. Stage 9 (i) Stormwater drainage is to be designed and constructed in accordance with

FNQROC Development Manual with particular reference to the following sections. DP 1 Development Principles D4 Stormwater Drainage (Design) D5 Stormwater Quality Management S4 Stormwater Drainage (Specification)

(ii) See also condition 5 (b) of this approval.

(iii) Refer also to Mareeba Shire specific requirements and site drawings.

(iv) For each culvert to be installed, a detailed plan and long section (upstream and downstream) of the waterway involved must be submitted as part of the "Detailed Engineering Drawings" to Council. This is to enable Council to ensure the culvert is in the correct location.

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(v) Stormwater drainage must be designed and constructed in consideration of Lot 17.

Condition 9 - Water Supply

9. Water Supply (i) Water reticulation is to be designed and constructed in accordance with

FNQROC Development Manual with particular reference to the following sections. D5 Water Reticulation (Design) S5 Water Reticulation (Specification)

(ii) Refer also to Mareeba Shire Council specific requirements and standard drawings, as listed in the FNQROC Manual.

(iii) All work mentioned above including laying and installation, is to be carried out to the specific requirements of Mareeba Shire and the satisfaction of Council's Delegated Officer.

Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No operational works is proposed nor required as part of this development as it is currently serviced with existing services on-site. The residence has an existing domestic water supply from the Sunwater system. This service is proposed to remain until such time as stage 9 is built and the allotment is connected to reticulated water. As such, it is requested that a condition be applied to stage 9 which specifically mentions that lot 17 must be connected to Council’s reticulated supply as part of stage 9.

Response Considering the location of proposed Lot 17 (Stage 8), in the south-west corner of the site, it would be unreasonable to require the applicant/developer to extend Council's reticulated water supply infrastructure down McIver Road (by Approximately 1km) to service proposed Lot 17, especially considering the proposed allotment contains an existing dwelling house and established channel water supply. Council officers and the applicant are in agreeance that a non-reticulated water supply to Lot 17 should be an interim measure only, and that the lot should be connected to Council's reticulated water supply network at the time of development of the balance of the site (Stage 9). It is recommended that Condition 9 be amended as follows: 9. Water Supply

Stage 8 (interim only)

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(i) Lot 17 must be provided with a potable water supply that can satisfy the standards for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).

Stage 9 (i) Water reticulation is to be designed and constructed in accordance with

FNQROC Development Manual with particular reference to the following sections. D5 Water Reticulation (Design) S5 Water Reticulation (Specification)

(ii) Refer also to Mareeba Shire Council specific requirements and standard drawings, as listed in the FNQROC Manual.

(iii) All work mentioned above including laying and installation, is to be carried out to the specific requirements of Mareeba Shire and the satisfaction of Council's Delegated Officer.

(iv) At such time that Council's reticulated water supply infrastructure is

extended/upgraded to service Lot 16 or 18 of Stage 9, a water service connection must be provided to Lot 17 in accordance with FNQROC Development Manual standards (as amended), to the satisfaction of Council's delegated officer.

Prior to Council endorsement of any survey plan containing Lot 16 or 18, the existing dwelling on Lot 17 must be connected to the water service mentioned above, to the satisfaction of Council's delegated officer.

Condition 10 - Water Headworks

10. Water Headworks The applicant shall contribute to the cost of water headworks in accordance with the adopted policy of Council existing at the time of payment. This payment to be made prior to the signing and sealing of the Plan of Survey

Request by Applicant

Nil

Response

Condition 9 has been recommended for amendment to allow Stage 8 to be developed with an interim non-reticulated water supply, until Council's reticulated water supply infrastructure is extended to service Stage 9. Condition 10 should be amended to address this change as a contribution for water headworks will still be applicable when Stage 8 (Lot 17) is eventually connected to Council's infrastructure.

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It is recommended Condition 10 be amended with the following notation: 10. Water Headworks

The applicant shall contribute to the cost of water headworks in accordance with the adopted policy of Council existing at the time of payment. This payment to be made prior to the signing and sealing of the Plan of Survey Note: A contribution for water headworks is payable for Lot 17 prior to

the endorsement of any survey plan containing Lot 16 or 18. Condition 11 - Sewerage Connection

11. Sewerage Connection (i) Sewerage reticulation is to be designed and constructed in accordance

with FNQROC Development Manual with particular reference to the following sections. DP1 Development Principles D7 Sewerage System (Design) S6 Sewerage Reticulation (Specifications)

(ii) Refer also to Mareeba Shire Council specific requirements and standard drawings.

(iii) Prior to the preparation of detailed engineering drawings the applicant shall nominate the preferred connection point for the new development to discharge into the existing reticulated system.

(iv) The Contractor is to allow in his contract price the cost for video checking (and rectification if necessary) of all new sewer work in accordance with Mareeba Shire Council's requirements.

Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No operational works is proposed nor required as part of this development as it is currently serviced with existing services on-site. The residence has an existing on-site effluent disposal system that is adequately servicing the current residence. This disposal system is wholly contained within the boundaries of the proposed lot. It is proposed that this service remain until such time as stage 9 is built and the allotment is connected to reticulated sewerage. As such, it is requested that a condition be applied to stage 9 which specifically mentions that lot 17 must be connected to Council’s reticulated supply as part of stage 9. Response Considering the location of proposed Lot 17 (Stage 8), in the south-west corner of the site, it would be unreasonable to require the applicant/developer to extend Council's reticulated sewerage infrastructure to service proposed Lot 17, especially considering the proposed allotment contains an existing dwelling house and functioning on-site wastewater disposal system.

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Council officers and the applicant are in agreeance that the existing on-site wastewater disposal system should be an interim measure only, and that Lot 17 should be connected to Council's reticulated sewerage infrastructure at the time of development of the balance of the site (Stage 9). It is recommended that Condition 11 be amended as follows: 11. Sewerage Connection

Stage 8 (interim only) (i) The dwelling on Lot 17 must continue to be serviced by its existing

on-site effluent disposal system, to the satisfaction of Council's delegated officer.

Stage 9 (i) Sewerage reticulation is to be designed and constructed in accordance

with FNQROC Development Manual with particular reference to the following sections. DP1 Development Principles D7 Sewerage System (Design) S6 Sewerage Reticulation (Specifications)

(ii) Refer also to Mareeba Shire Council specific requirements and standard drawings.

(iii) Prior to the preparation of detailed engineering drawings the applicant shall nominate the preferred connection point for the new development to discharge into the existing reticulated system.

(iv) The Contractor is to allow in his contract price the cost for video checking (and rectification if necessary) of all new sewer work in accordance with Mareeba Shire Council's requirements.

(v) At such time that Council's reticulated sewerage infrastructure is

extended/upgraded to service Lot 16 or 18 of Stage 9, a sewerage connection must be provided to Lot 17 in accordance with FNQROC Development Manual standards (as amended), to the satisfaction of Council's delegated officer.

Prior to Council endorsement of any survey plan containing Lot 16 or 18, the existing dwelling on Lot 17 must be plumbed into the sewerage connection mentioned above, and the on-site wastewater disposal system decommissioned and removed from the site, to the satisfaction of Council's delegated officer.

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Condition 12 - Sewerage Headworks

12. Sewerage Headworks The applicant shall contribute to the cost of sewerage headworks in accordance with the adopted policy of Council existing at the time of payment. This payment to be made prior to the signing of the Plan of Survey.

Request by Applicant

Nil

Response Condition 11 has been recommended for amendment to allow Stage 8 to be developed with an interim on-site wastewater disposal system, until Council's reticulated sewerage infrastructure is extended to service Stage 9. Condition 12 should be amended to address this change as a contribution for sewerage headworks will still be applicable when Stage 8 (Lot 17) is eventually connected to Council's infrastructure. It is recommended Condition 12 be amended with the following notation:

12. Sewerage Headworks

The applicant shall contribute to the cost of sewerage headworks in accordance with the adopted policy of Council existing at the time of payment. This payment to be made prior to the signing of the Plan of Survey. Note: A contribution for sewerage headworks is payable for Lot 17 prior

to the endorsement of any survey plan containing Lot 16 or 18. Condition 13 - Construction

13. Construction (i) As well as the requirements set out in the Design Guidelines and

Specifications of the FNQROC Development Manual, Council draws attention to CP 1 Construction Procedures which details minimum requirements acceptable to Council. Particular reference is made to the following sections. CP 1.04 Inspection and Test Plan CP 1.06 Contractors Erosion and Sediment Control Plan CP 1.08 Notice to Commence Works CP 1.09 Pre-Start Meeting

(ii) Before any contractor can proceed on site, the applicant is to complete and submit for signing of approval to Council's Delegated Officer, the “Notice of Appointment of Principal Contractor” form, stating who is to be the Principal Contractor for this development. (Council reserves the right to reject the nominated Contractor).

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(iii) All construction works are to be carried out to the requirements of the FNQROC Development Manual and the specific Mareeba Shire requirements.

(iv) All aspects of construction works must be undertaken to the satisfaction of Council's Delegated Officer.

Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No operational works is proposed nor required as part of this development as it is currently serviced with existing services on-site.

Response In light of the requested changes, no development works are required for proposed Stage 8 (Lot 17). As such, no objection is raised to the removal of Condition 13 as a requirement for Stage 8. It is recommended that Condition 13 be amended as follows: 13. Construction (Stage 9 Only)

(i) As well as the requirements set out in the Design Guidelines and

Specifications of the FNQROC Development Manual, Council draws attention to CP 1 Construction Procedures which details minimum requirements acceptable to Council. Particular reference is made to the following sections. CP 1.04 Inspection and Test Plan CP 1.06 Contractors Erosion and Sediment Control Plan CP 1.08 Notice to Commence Works CP 1.09 Pre-Start Meeting

(ii) Before any contractor can proceed on site, the applicant is to complete and submit for signing of approval to Council's Delegated Officer, the “Notice of Appointment of Principal Contractor” form, stating who is to be the Principal Contractor for this development. (Council reserves the right to reject the nominated Contractor).

(iii) All construction works are to be carried out to the requirements of the FNQROC Development Manual and the specific Mareeba Shire requirements.

(iv) All aspects of construction works must be undertaken to the satisfaction of Council's Delegated Officer.

Condition 14 - Public Open Space Contribution

14. Public Open Space Contribution The Applicant shall make a contribution per additional allotment towards public open space in accordance with the adopted policy of Council existing at the time

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of payment. This payment to be made prior to the signing and sealing of the Plan of Survey.

Request by Applicant

Nil Response Both proposed Lot 17 (Stage 8) and the balance lot (future Stage 9) contain established dwellings. Stage 8 will therefore not result in any additional demand on Council's parks and open space network. Considering this, a contribution towards public open space is not considered necessary for Stage 8. It is recommended that Condition 14 be amended as follows: 14. Public Open Space Contribution (Stage 9 only)

The Applicant shall make a contribution per additional allotment towards public open space in accordance with the adopted policy of Council existing at the time of payment. This payment to be made prior to the signing and sealing of the Plan of Survey.

Condition 15 - Electricity Reticulation

15. Electricity Reticulation The applicant shall provide written advice from Ergon Energy that satisfactory arrangements have been made for an underground electricity supply to be provided to the proposed allotments.

Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No operational works is proposed nor required as part of this development as it is currently serviced with existing services on-site. The existing residence is currently connected to electricity and telecommunications. As such, it is requested that a condition be applied to stage 9 which specifically mentions that lot 17 must be connected to both the electrical and telecommunications systems as part of stage 9.

Response The existing dwelling on proposed Lot 17 is currently serviced by above-ground electricity reticulation from McIver Road. No objection is raised to the request by the applicant whereby Lot 17 would continue to be serviced by its existing above-ground electricity supply until such time that an underground electricity supply is readily available as Stage 9 is developed. It is therefore recommended that Condition 15 be amended as follows:

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15. Electricity Reticulation

Stage 8 (interim only) The applicant shall provide written advice from Ergon Energy that satisfactory arrangement have been made for an electricity supply to be provided to both allotments (Lot 17 and balance). Stage 9 The applicant shall provide written advice from Ergon Energy that satisfactory arrangements have been made for an underground electricity supply to be provided to the proposed allotments. These arrangements must include an underground electricity supply to Lot 17 if not provided in Stage 8.

Condition 16 - Telecommunications

16. Telecommunications The applicant must arrange the provision of any conduits and enveloping pipes necessary for the Telecommunication Service Provider servicing of the allotments. Written advice from a Telecommunication Service Provider must be provided to Council indicating a Telecommunication Service Provider has received a copy of the proposal plan and what its requirements are in relation thereto.

Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No operational works is proposed nor required as part of this development as it is currently serviced with existing services on-site. The existing residence is currently connected to electricity and telecommunications. As such, it is requested that a condition be applied to stage 9 which specifically mentions that lot 17 must be connected to both the electrical and telecommunications systems as part of stage 9. Response The existing dwelling on proposed Lot 17 currently contains a telecommunications connection. Unlike the current electricity supply to proposed Lot 17, the telecommunications infrastructure servicing the site is located underground and is considered adequate. Therefore it is not considered necessary to provide additional telecommunications infrastructure to Lot 17 during the development of Stage 9. The condition should be removed as a requirement for Stage 8, and an additional clause be added requiring the existing telecommunications connection to Lot 17 be maintained.

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It is recommended that Condition 16 be amended as follows: 16. Telecommunications

Stage 8 The existing telecommunications connection to the dwelling on Lot 17 is to be maintained, to the satisfaction of Council's delegated officer. Stage 9 The applicant must arrange the provision of any conduits and enveloping pipes necessary for the Telecommunication Service Provider servicing of the allotments. Written advice from a Telecommunication Service Provider must be provided to Council indicating a Telecommunication Service Provider has received a copy of the proposal plan and what its requirements are in relation thereto.

Condition 19 - Buffer

19. Buffer A vegetated buffer strip of 20 metres in width shall be established and maintained by the applicant and any subsequent owner of any part of the land affected by this Condition within the site abutting McIver Road. Within such strip along McIver Road there shall be erected a double-slatted treated wooden fence of 1.8 metres in height. The buffer zone shall be landscaped with suitable vegetation and an irrigation system by the applicant at the time of construction of the first stage of the reconfiguration. The buffer strip shall also contain any necessary drainage system. At the time of submission of the application for approval of operational works, a landscape plan detailing the above requirements shall be submitted to Council for approval. Such approval shall contain requirements that the landowner for the time being of any part of the land on which the buffer strip is established shall maintain this buffer strip and fencing to the satisfaction of Council. Statutory covenants in favour of Council must be created over the relevant sections of buffer within each allotment. All trees and shrubs planted as part of the buffer must achieve a minimum height of 800 mm above ground level prior to Council's endorsement of the survey plan.

Request by Applicant Stage 8 simply seeks to excise proposed lot 17 which contains the existing dwelling from the rest of the development. No operational works is proposed nor required as part of this development as it is currently serviced with existing services on-site. It is unclear whether this condition applies to the proposed lot 17. In any event, it is requested that a condition be applied to stage 9 which specifically mentions the buffer works must be completed fronting lot 17 as part of stage 9.

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Response Proposed Lot 17 (Stage 8) contains an existing dwelling house which has been established on site prior to the original approval being granted (2006). Additionally, no vegetated buffering exists between this existing dwelling and McIver Road. Should this approval never be acted upon, this existing dwelling would remain in place without any requirement for agricultural buffering. It is not considered reasonable to apply the buffering requirements to Lot 17 (Stage 8) and the existing approval should be amended to reflect this. It is recommended that Condition 19 be amended as follows: 19. Buffer (Stage 9 only)

A vegetated buffer strip of twenty (20) metres in width shall be established and maintained by the applicant and any subsequent owner of any part of the land affected by this Condition within the Stage 9 area of the site abutting McIver Road (Lot 1 - 16). Within such strip along McIver Road there shall be erected a double-slatted treated wooden fence of 1.8 metres in height. The buffer zone shall be landscaped with suitable vegetation and an irrigation system by the applicant at the time of construction of the first stage of the reconfiguration. The buffer strip shall also contain any necessary drainage system. At the time of submission of the application for approval of operational works, a landscape plan detailing the above requirements shall be submitted to Council for approval. Such approval shall contain requirements that the landowner for the time being of any part of the land on which the buffer strip is established shall maintain this buffer strip and fencing to the satisfaction of Council. Statutory covenants in favour of Council must be created over the relevant sections of buffer within each allotment. All trees and shrubs planted as part of the buffer must achieve a minimum height of 800 mm above ground level prior to Council's endorsement of the survey plan.

Date Prepared: 3 September 2015

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ITEM-3 EXTENSION TO RELEVANT PERIOD - M BORZI - RECONFIGURING A LOT - SUBDIVISION (1 INTO 5 LOTS) - LOT 2 ON RP747074 - KURANDA HEIGHTS ROAD, KURANDA - REC/08/0033

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

FILE NO REC/08/0033 AREA 4.909 hectares

LODGED BY Jim Papas Civil Engineering Designer

OWNER M Borzi

PLANNING SCHEME

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

ZONE Myola zone - Precincts C & E

LEVEL OF ASSESSMENT

Code Assessment

SUBMISSIONS n/a

ATTACHMENTS: 1. Decision Notice dated 24 November 2009

2. Applicant’s request to extend relevant period dated 5 August 2015

3. Department of Infrastructure, Local Government and Planning letter dated 28 August 2015

APPLICATION PREMISES

APPLICANT M Borzi ADDRESS Kuranda Heights Road, Kuranda

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED

7 August 2015 RPD Lot 2 on RP747074

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguring a Lot - Subdivision (1 into 5 lots)

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EXECUTIVE SUMMARY

On 21 August 2008 Council approved, through delegated authority, the application made by Jim Papas Drafting on behalf of M Borzi for issue of a development permit for Reconfiguring a Lot - Subdivision of 1 lot into 5 lots of land described as Lot 2 on RP747074, Parish of Formartine, situated at Kuranda Heights Road, Kuranda. A negotiated decision notice was approved by Council at its meeting of 5 November 2008 and issued on 12 November 2008. On 7 July 2012, a two (2) year extension to the relevant period was granted. On 20 August 2014, a 12 month extension to the relevant period was granted. The relevant period currently ends on 12 November 2015. To date, no development works have commenced in relation to the approved development. The original application was code assessable and was therefore not required to undergo public notification. Jim Papas Civil Engineering Designer acting on behalf of the applicant has subsequently lodged a request to extend the relevant period for a further four (4) years from 12 November 2015 to 12 November 2019. An informal policy position has been established by Council officers whereby any request for extensions beyond an initial extension be granted for a maximum of one (1) year. A one (1) year extension would encourage the developer to act on the approval and also allow Council to reconsider the appropriateness of un-commenced development approvals on a more regular basis. Given that two (2) previous extensions have been granted, it is recommended that the relevant period be extended for a period of one (1) year only, from 12 November 2015 to 12 November 2016.

OFFICER'S RECOMMENDATION

“1. That in relation to the application to extend the relevant period for the following development approval:

and in accordance with the Sustainable Planning Act 2009, the following

APPLICATION PREMISES

APPLICANT M Borzi ADDRESS Kuranda Heights Road, Kuranda

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED

7 August 2015 RPD Lot 2 on RP747074

TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguring a Lot - Subdivision (1 into 5 lots)

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(A) The relevant period be extended for 12 months from 12 November 2015 to 12 November 2016.

2. A Notice of Council’s decision be issued to the applicant and the Department of Infrastructure, Local Government and Planning (SARA) via email [email protected] (reference: SPD-0815-020405) advising of Council’s decision.”

THE SITE

The subject land is described as Lot 2 on RP747074, Parish of Formartine, County of Nares, situated at Kuranda Heights Road, Kuranda. The land has an area of 4.909 hectares and a frontage of approximately 340 metres onto Kuranda Heights Road. Kuranda Heights Road is constructed to 5.5 metre wide bitumen sealed standard. The land has a generally rectangular shape and is bounded to the east and south by Kuranda Heights Road. Land to the north has been developed for rural residential purposes. The majority of the subject land is mapped as containing remnant "not of concern" regional ecosystem. The subject land also forms part of the Fairyland Wildlife Corridor.

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.

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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.

BACKGROUND AND CONTEXT

On 21 August 2008 Council approved, through delegated authority, the application made by Jim Papas Drafting on behalf of M Borzi for issue of a development permit for Reconfiguring a Lot - Subdivision of 1 lot into 5 lots of land described as Lot 2 on RP747074, Parish of Formartine, situated at Kuranda Heights Road, Kuranda. The decision notice was issued on 21 August 2008. A negotiated decision notice was approved by Council at its meeting of 5 November 2008 and issued on 12 November 2008. Council at its Ordinary Meeting of 18 November 2009 considered a request to change an existing approval made by Jim Papas Drafting Pty Ltd, on behalf of M Borzi. The request related to Condition 21, specifically the size and location of a building envelope for each of the proposed lots. The request was approved and notice was given to the applicant via an amended decision notice on 24 November 2009. The amended decision notice incorrectly advises that the relevant period for this development permit commences from the original 21 August 2008 decision notice. The relevant period actually commences from the negotiated decision notice date of 12 November 2008. On 7 July 2012, a two (2) year extension to the relevant period was granted.

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On 20 August 2014, a 12 month extension to the relevant period was granted. The relevant period currently ends on 12 November 2015. To date, no development works have commenced in relation to the approved development. Jim Papas Civil Engineering Designer acting on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further four (4) years from 12 November 2015 to 12 November 2019 (Attachment 2). An informal policy position has been established by Council officers whereby any request for extensions beyond an initial extension be granted for a maximum of one (1) year. A one (1) year extension would encourage the developer to act on the approval and also allow Council to reconsider the appropriateness of un-commenced development approvals on a more regular basis. Given that two (2) previous extensions have been granted, it is recommended that the relevant period be extended for a period of one (1) year only, from 12 November 2015 to 12 November 2016. Should Council grant an extension the applicant would be advised that if they wish to proceed with the development they should proceed within the next twelve months because the proposed development may be inconsistent with the new Mareeba Shire Planning Scheme and a further extension may not be granted.

ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to:

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. If a new application was lodged for this proposal it would be assessed generally against the same planning instruments as was the original development application. On 2 December 2013, the Department of State Development, Infrastructure and Planning introduced the single State Planning Policy (SPP) to replace the various State Planning Policies previously in place. Development approval REC/08/0033 is not in conflict with any relevant aspect of the SPP.

Applicable Infrastructure Charges Development Approval REC/08/0033 is not subject to fixed headworks/contributions.

the community’s awareness of the development approval The original development application was Code Assessable and was therefore not subject to public notification.

whether, if the request were refused –

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(i) further rights to make a submission may be available for a further development application; and

(ii) the likely extent to which those rights may be exercised; A further development application would be Code Assessable and therefore not subject to public notification.

the views of any concurrence agency for the approval given under section 385. The original application triggered referral to the Department of Transport and Main Roads and the Department of Environment and Resource Management. On 1 July 2013, the State Assessment and Referral Agency (SARA) commenced. Under these changes, the Department of State Development, Infrastructure and Planning is the assessment manager or referral agency for all relevant development applications and has become the single lodgement and assessment point where the State has a jurisdiction under SPA. The Department of Infrastructure, Local Government and Planning advised in a letter dated 28 August 2015 that they have no objection to the proposed extension to the relevant period (Attachment 3).

Date Prepared: 31 August 2015

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-4 APPLICATION FOR CONVERSION OF SPECIAL LEASE TO FREEHOLD - LOT 299 ON NR7718, PARISH OF FORMARTINE

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

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 of Special Lease 9/48986 over land described as Lot 299 on NR7718, Parish of Formartine to freehold. In February 2008, Council previously offered no objection to the conversion of Lot 299 on NR7718 to freehold. DNRM seeks Council's current views on the conversion to freehold.

OFFICER'S RECOMMENDATION

"That Council offer no objection to the conversion to freehold of the special lease over land described as Lot 299 on NR7718, Parish of Formartine and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land."

BACKGROUND

DNRM is currently considering an application for the conversion to freehold of Special Lease 9/48986 over land described as Lot 299 on NR7718, Parish of Formartine. The subject land has an area of 83 hectares and is located on the corner of Coyle Road and the Mulligan Highway approximately 3.7 kilometres north of Biboohra. The land is currently used for grazing purposes and it is expected that this use will continue if the conversion is successful. A dwelling house and numerous farm sheds are established on the land. In February 2008, Council previously offered no objection to the conversion of Lot 299 on NR7718 to freehold. DNRM seeks Council's current views on the conversion to freehold.

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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: 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.

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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 continued use of the land for grazing purposes. Council officers have no knowledge of any 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 of 1 September 2015 Date Prepared: 7 September 2015

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ITEM-5 REQUEST FOR MINISTER'S APPROVAL TO ADOPT DRAFT MAREEBA SHIRE COUNCIL PLANNING SCHEME

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

The purpose of this report is for Council to resolve to accept planning scheme changes in response to submissions made during public notification and proceed to seek approval to adopt the proposed planning scheme from the Minister in accordance with Step 8 of Statutory Guideline 04/14 Making and Amending Local Planning Instruments. Public consultation of the draft planning scheme was conducted between 21 January and 28 March 2013. A total of 2047 submissions were received during consultation, 923 submissions were of relevance to Mareeba Shire. Council and Cardno HRP have considered and workshopped the submissions and minor changes have been made to the draft planning scheme in response to some submissions, changes to the State Planning Policy and de-amalgamation. Council officers do not believe the draft scheme is significantly different from the version which has undertaken public consultation and that additional statutory public consultation is not required. Each submitter will receive a written response from Council advising how Council has dealt with their submission. It is recommended that Council also undertake further community engagement/education in accordance with the suggestions in the Implementation/Communication section of this report.

OFFICER'S RECOMMENDATION

"That this Report be received and that: 1. Council resolve that the draft Mareeba Shire Council Planning Scheme as attached

(Attachment 1) to this report proceed to adoption, and instructs the Chief Executive Officer to take the following actions:

(a) Advise each person in writing who made a properly made submission about how the Council has dealt with their submission.

(b) Provide written notice to the Minister seeking approval to adopt the draft scheme.

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2. Council authorise the Chief Executive Officer to reverse any changes made to the draft planning scheme should the Minister advise that the particular change will trigger further statutory public consultation.

3. Council authorise officers to proceed with the informal community engagement/education

process outlined in the Implementation/Communication section of this report."

BACKGROUND

LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal All of the components of the Planning Scheme have been workshopped with Council and Cardno HRP. External Public consultation of the draft TRC Planning Scheme was conducted between 21 January and 28 March 2013. Submissions were accepted up until 12 April 2013. Many Sector and local reference group workshops have also been conducted throughout the process of developing the Planning Scheme. Submissions are held by the Senior Planner and are accessible through SharePoint online at: http://sharepoint.msc.local/pd/URP/psp/Lists/Submissions%20Spreadsheet/Allitemsg.aspx.

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

Section 118 (1) (c) of the Sustainable Planning Act 2009 (SPA) states:

(a) the local government to consider all properly made submissions about the proposed planning scheme or planning scheme policy; and

(b) the local government to advise persons who make a properly made submission about how the local government has dealt with the submission; and

(c) the local government to give the Minister a notice containing a summary of matters raised in the properly made submissions and stating how the local government dealt with the matters

The purpose of this report is to enable Council to submit the Planning Scheme to the Minister for State Development Infrastructure and Planning for approval to adopt the proposed Planning Scheme in accordance with the Sustainable Planning Act 2009.

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POLICY IMPLICATIONS

The draft Mareeba Shire Council Planning Scheme is a draft statutory document that will guide the use and development of land and buildings within the Shire. A total of 2047 submissions were received during consultation, 923 submissions were of relevance to Mareeba Shire. Submissions were first categorised (Attachment 2) prior to further analysis, with 19 categories established. The most significant categories in the review were the Flood Overlay category (477 submissions) and the Biodiversity Overlay category (375 submissions). Analysis of the submissions involved review of each category, considering grounds for submission, issues associated with the category and location of submissions. The analysis identified that the mapping of the planning scheme, particularly overlay mapping, was a key cause for submissions. Overlay related issues accounted for 80.1% of issues raised in submissions. A lack of public understanding and apparent inaccuracies in mapping were found to be two primary causes for mapping related submissions. A range of other matters were identified in the review which have been appropriately considered during the preparation of the latest draft planning scheme. Council officers are of the opinion that the changes to the draft planning scheme are not considered to result in the proposed planning scheme being significantly different to the version released for public consultation. If Council seeks to proceed with the draft scheme written notice must be given to the Minister. Pursuant to the Guideline the written notice must include: (a) a summary of matters raised in the properly made submissions and how the Council

dealt with the matters. (b) state that no changes to the draft scheme relate to any relevant regional plan or State

Planning Policy. (c) state that the changes to the draft scheme do not affect a state interest (d) an electronic copy of the draft scheme (e) confirmation that Council does not believe the draft scheme is significantly different

from the version which has undertaken public consultation and that additional public consultation is not required.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Adoption of the draft scheme is an integral component of the process and is budgeted for in Cardno HRP’s current contract. Is the expenditure noted above included in the 2015/2016 budget? Yes

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IMPLEMENTATION/COMMUNICATION

The new Mareeba Shire Council Planning Scheme is now approaching formal adoption and commencement and requires written notice to be made to the Minister. Council officers will prepare and send written responses to every submitter advising how Council has dealt with their submission. It is suggested that Council proceed with the following informal community engagement/education process following the provision of responses to each submitter: 1. Council officers will prepare supporting materials such as FAQ's, fact sheets and

media releases, to ensure the community understanding of the planning scheme is supported and guided so that key concepts of the planning scheme are understood by the community. This information will clearly identify which overlays are required in the Planning Scheme to reflect State Interests. This information will be made available on Council's website and at Council's offices and libraries.

2. A copy of the entire planning scheme will be made available on Council's website and a hard copy will be made available at Council's offices and libraries.

3. During October 2015, Council's planning officers will conduct one (1) day walk in, face to face information sessions in Kuranda, Julatten and Mareeba to provide detailed information on how Council has responded to the issues raised during the formal public consultation of the planning scheme.

ATTACHMENTS

1. Draft Mareeba Shire Planning Scheme 2. Submissions Review Summary Report - Cardno HRP 3. Zoning changes resulting from Submissions - Ordinary Meeting of 19 August 2015 4. Draft Mareeba Shire Planning Scheme (MSPS) 'Significantly Different' Analysis Date Prepared: 8 September 2015

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ATTACHMENT 1 Distributed electronically to Councillors A hard copy of the entire scheme is available for inspection in the Council Boardroom and will be available on the Council Website.

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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GOVERNANCE AND COMPLIANCE

ITEM-6 TENDERS RECEIVED FOR LEASE OF RESERVE FOR RECREATION R80, BOOROO STREET KURANDA

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Council called tenders in July 2015 for the lease of Reserve for Recreation R80, Booroo Street, Kuranda, with a closing date for receipt of tenders of 11 August 2015. Two (2) tenders were received for the lease of the Reserve and this report discusses the tenders received and recommends acceptance of the tender of Mr Malcolm Macleod subject to certain conditions.

OFFICER'S RECOMMENDATION

"That Council accept the tender of Mr Malcolm Macleod (The Brothers Kuranda) for the lease of Reserve for Recreation R80, Booroo Street, Kuranda for the purpose of developing a jungle walk and botanic garden, subject to the following conditions: 1. The successful tenderer must comply with any conditions imposed by the Department of Natural Resources and Mines (DNRM) with respect to the proposed lease of the Reserve, including meeting the cost of preparation of a Land Management Plan for the Reserve if required by DNRM. 2. The successful tenderer must liaise with Council's Planning and Building section with respect to the proposed development and submit any required development applications and comply with the conditions of approval thereof."

BACKGROUND

Tenders were called for the lease of Reserve for Recreation R80, Booroo Street, Kuranda in July 2015 with a closing date for receipt of tenders of 11 August 2015. In the tender advertisement it was noted that the land may possibly lend itself to development for nature based, eco-tourism type activities and tenders were invited from interested persons who believe they can offer a unique and innovative development proposal that will benefit tourism and the local Kuranda community.

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Two (2) tenders were received in response to the tender advertisement from Mr Malcolm Macleod (The Brothers Kuranda) and Ngoonbi Community Services Indigenous Corporation. Mr Macleod's proposal is for the development of a jungle walk and botanic garden on the site with payment of an annual rental of $1,000 to Council. A submitted plan shows details of walking trails, proposed seating and a small amphitheatre that includes circular seating for 50 to 60 people to be used by local schools and cultural groups. Estimated project cost is $200,000 and this will be recouped by a small admission charge. A reticulated water system is also proposed that will keep water flowing during the dry times. The Ngoonbi proposal is based around using Work for the Dole funding for the project and would include a training component for Indigenous persons. Estimated project cost is $100,000. There was no lease payment offered for the tender and the facilities to be developed may require financial assistance from Council. The end goal is for the area to be an educationally active eco walk. The educational aspect will be on local fauna and flora that will be highlighted by informational signage posted by local artists. The proposed walkway will be constructed through Work for the Dole activities. Ngoonbi will have the following on site:

A walking track with guided tours (guided tours to be paid for)

BBQ facilities available for public use

Amenities (to be considered dependent on funding and Council support)

Local artists working on site creating signage for the tracks and plant identification activities, along with selling artwork.

As the land is a Reserve for Recreation under Council's control as Trustee, advice was sought from DNRM on their requirements regarding the lease of the land. Advice from DNRM was that both tenders are consistent with the Reserve purpose of recreation, however, as they both involve a commercial element, DNRM would require the Trustee to undertake development of a Land Management Plan prior to the issue of a Trustee Lease. The cost of a Land Management Plan could be in the vicinity of $2,000. Council's Planning section has also indicated that in assessing any development application submitted for the proposal, a condition of approval would be the provision of sealed car parking. The proposal submitted by Mr Macleod appears to offer a development with some tourism potential which does not rely on funding support from Council and it has therefore been recommended for acceptance.

LINK TO CORPORATE PLAN

ECON 2: In partnership with local business, industry groups and economic and regional development organisations, continue to develop strategies to assist, strengthen, develop and promote existing and new businesses and industries.

CONSULTATION

Internal Chief Executive Officer Discussed in Workshop format with Council

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External Department of Natural Resources and Mines

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

Proposal will need to comply with DNRM requirements in order for Trustee Lease to be issued.

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Revenue of $1,000 to be received annually by Council. Preparation of a Land Management Plan could cost in the vicinity of $2,000 but this cost would be met by the successful tenderer. Is the expenditure noted above included in the 2015/2016 budget?

N/A

If not you must recommend how the budget can be amended to accommodate the expenditure N/A

IMPLEMENTATION/COMMUNICATION

Council to advise both tenderers of its decision.

ATTACHMENTS

1. Copy of tenders received. Date Prepared: 8 September 2015

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Attachment 1

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ITEM-7 RELOCATION OF DIMBULAH JUNIOR SOCCER TO RESERVE R114

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

At the meeting of Council held on 19 August 2015, Cr Brown advised of a proposal to relocate the Dimbulah Junior Soccer Club from their current location in Stephens Street, Dimbulah to the adjoining Reserve for Recreation R114 which is presently home to the Senior Soccer Club, Basketball and Tennis Courts and the Dimbulah Men's Shed. It was requested that a report on this proposal be prepared for Council's consideration.

OFFICER'S RECOMMENDATION

"That Council offer no objection to the relocation of the Dimbulah Junior Soccer Club from their present site in Stephens Street, Dimbulah to the area previously occupied by the Dimbulah Horse and Pony Club within Reserve for Recreation R114, Park Avenue, Dimbulah, subject to the placement of the fields having no impact on existing sporting activities within the Reserve and the cost of re-location being met entirely by the Club. AND FURTHER that Council confirm the lease proposal that was conveyed to the Dimbulah Senior Football Club in March 2013 and follow up with the Club in relation to this matter."

BACKGROUND

Cr Brown advised, at the Council meeting held on 19 August 2015, that the Dimbulah Junior Soccer Club would like to relocate their playing fields to Reserve for Recreation R114, Park Avenue, Dimbulah on the area formerly occupied by the Dimbulah Horse & Pony Club. This matter has been previously raised with the Tablelands Regional Council by the Dimbulah (Senior) Football Club (refer attached letter dated 15 October 2012 from the Club and response dated 21 March 2013 to the Club). The Junior Soccer fields are presently located on Lot 200 on HG380, Stephens Street, Dimbulah, owned by Cairns and Hinterland Hospital and Health. Lot 200 on HG380 adjoins Reserve for Recreation R114 and the Junior Soccer fields are adjacent to the Senior Soccer field which is located on the western side of R114 as shown on the plan hereunder. Originally, Junior Soccer was located on Reserve R173 in Argyle Street, Dimbulah; however, in the mid 1990s, the Dimbulah Horse & Pony Club and Junior Soccer changed locations and the Horse & Pony Club now occupies the Reserve in Argyle Street. The former Horse &

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Pony Club site on Reserve R114 was used for a time as a BMX track but this has been removed and the site levelled. Some of the post and rail fencing of the arena remains but is no longer maintained with some sections collapsed. The site is currently vacant. A large open stormwater drain runs south to north, parallel and along the eastern fence line of the old Pony Club arena, bisecting the Reserve.

Located to the east of the open stormwater drain are the Dimbulah tennis courts, basketball courts and the Dimbulah Men's Shed. Adjacent to the Men's Shed is the proposed community garden site. As noted above, the area formerly occupied by the Horse & Pony Club is now vacant and appears large enough to relocate both Junior Soccer fields. As also indicated in the correspondence from Council to the Senior Football Club dated 21 March 2013, the Senior Club's lease over their Clubhouse site has expired and the Council at that time was prepared to enter into a new lease with the Club over the Clubhouse site, the existing senior field and the proposed new field for the juniors - the whole of the area edged in black on the plan attached to Council's letter.

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The use for soccer is compatible with the Reserve's purpose of Recreation and the Land Management Plan prepared for R114 notes that the Dimbulah community recognises the need to encourage more use of the Reserve's facilities to ensure they are developed and sustainably maintained. One of the actions in the Land Management Plan is for Council to encourage the community to explore and develop opportunities to maintain and improve the Reserve's facilities, and use of the old Pony Club area by Junior Soccer would achieve that objective. Use of the area by Junior Soccer would also relieve Council of the responsibility for maintaining this area. Subject to the relocation of Junior Soccer not impacting on other sporting uses of the Reserve and subject to Council not being required to contribute financially to the relocation, it is recommended that Council offer no objection to the proposal and the previous offer of a lease to the Senior Football Club over the whole of the area west of the large open stormwater drain be followed up with the Club.

LINK TO CORPORATE PLAN

COM 2: Conduct an analysis of current community facilities and develop a Shire wide community facilities plan to guide the assessment of maintenance programmes, possible capital upgrades of existing facilities and community requests for new facilities and ensure equity of access.

CONSULTATION

Internal Nil External The Land Management Plan for Reserve R114 was recently advertised for community input but no submissions were received. Consultation also took place with relevant stakeholders during the preparation of the Plan. The Plan is now in the process of being approved and registered on the Reserve title by DNRM.

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

Nil - the use of the old Pony Club site for Junior Soccer activities is compatible with the Reserve's designated purpose of Recreation.

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil - there will probably be some small reduction in the maintenance costs of the Reserve if the old Pony Club site is used for Junior Soccer activities.

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Is the expenditure noted above included in the 2015/2016 budget?

N/A

If not you must recommend how the budget can be amended to accommodate the expenditure N/A

IMPLEMENTATION/COMMUNICATION

Council to advise the Soccer Club of its decision.

ATTACHMENTS

1. Letter from Dimbulah Senior Football Club dated 15 October 2012. 2. Letter from TRC to Senior Football Club dated 21 March 2013. Date Prepared: 28 August 2015

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ITEM-8 REQUEST TO PURCHASE PART OF GERAGHTY PARK JULATTEN

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

A proposal to purchase part of Geraghty Park, Julatten has been submitted to Council by Andrew and Carol Iles. Geraghty Park is a Reserve for Recreation under Council's control as Trustee. The intention in purchasing the parcel of land is to protect it from future development and retain the native forest that exists on the land.

OFFICER'S RECOMMENDATION

"That in relation to the request by Andrew and Carol Iles to purchase part of Geraghty Park, Julatten, Council advise Mr and Mrs Iles that: 1. The land in question is State owned land which is under Council's control as Trustee and Council does not therefore have the authority to sell the land. 2. Council believes that the land should remain under State or local government control. 3. Council appreciates their concern in relation to the protection of the native forest which exists on the land and will follow up with the Department of Natural Resources and Mines as to whether this particular section of the Reserve can be re-designated as a separate Reserve for Open Space or Environmental Purposes or some other more appropriate tenure which will protect it from any future development."

BACKGROUND

Council has received the attached letter dated 25 August 2015 from Andrew and Carol Iles of the Kingfisher Park Birdwatchers Lodge, Mt Julatten, expressing their desire to purchase an area of native forest situated within Reserve for Recreation, Geraghty Park, Julatten to protect it from future development and maintain it as a habitat for native birds and animals. Geraghty Park is State owned land under Council's control as Trustee and Council does not have the ability to dispose of the land to third parties. If Council decided that the land was no longer required for its designated purpose, it would need to relinquish its trusteeship and hand the land back to the State or request that the land be re-designated to a more appropriate purpose. It is considered that the land should remain under Council or State Government control and, if Council agrees that the native forest is worthy of preservation as a wildlife habitat, then a

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more appropriate tenure can be investigated through Department of Natural Resources and Mines. Three other types of community purpose Reserves that may be more appropriate are: Environmental Purposes: Where a parcel of land contains a particular type of flora or fauna or geological occurrence and warrants protection, but the size of the area and/or the relative scale or extent of the attribute is not sufficient to establish and manage as a separate national park or other conservation tenure. Natural Resource Management: To be considered as an interim step to safeguard any community, environmental or natural resource needs that may have been identified within areas of land, but are not yet clearly defined. It is usual that once these needs or benefits are clearly defined, action is taken to deal with the relevant parts of the land in terms of the Land Act 1994 or other appropriate legislation. For example, this purpose should be used when the primary potential use of the land has a strong conservation or environmental protection element. This purpose should not be used where land is to be reserved pending the identification of the future strategic or infrastructure needs of the state. Open Space: To be used for the reservation of areas of land, including those which have been identified through regional or local planning schemes as land which should be retained in a fundamentally undeveloped state. These land areas provide benefits to the community by virtue of their comparative lack of development when compared to the level of infrastructure or landscaping that is traditionally associated with trust land for sport, recreation, parks and gardens. The most appropriate tenure would be determined in consultation with DNRM, having regard to the outcome that Council is trying to achieve. It should be noted that the Julatten Rural Fire Brigade is located at the northern tip of Geraghty Park and this may cause some complications in setting the area apart as a separate Reserve. It is therefore recommended that Council advise Mr and Mrs Iles that the land is State owned land and Council does not have the ability to sell it but, regardless of that fact, Council believes the land should remain under local government or State control. Further, that Council will investigate through DNRM, a more appropriate tenure for the land which will ensure its long-term protection as a wildlife habitat

LINK TO CORPORATE PLAN

ENV 1: Prepare an appropriate planning scheme focused on sustaining good agricultural land and farming land as well as encouraging population growth and protecting the natural environment.

CONSULTATION

Internal Mayor External Nil

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

Council will need to consult with the Department of Natural Resources and Mines on how to achieve the required objective within the confines of Land Act requirements.

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Council will no doubt be required to meet any survey and administrative costs involved in creating two separate Reserves. This could cost in the vicinity of $2,000 - $4,000. Is the expenditure noted above included in the 2015/2016 budget?

N/A

If not you must recommend how the budget can be amended to accommodate the expenditure N/A

IMPLEMENTATION/COMMUNICATION

Council to advise Mr and Mrs Iles of its decision and advice to be sought from DNRM on the process for setting the land apart as a separate Reserve.

ATTACHMENTS

1. Letter from A & C Iles dated 25 August 2015. 2. Plan of the Geraghty Park Reserve. Date Prepared: 28 August 2015

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ITEM-9 DIMBULAH MEN'S SHED COMMUNITY GARDEN - TOBACCO BARNS

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Development & Governance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Council has previously granted approval to the Dimbulah Men's Shed to develop a Community Garden adjacent to their premises located on Reserve R114, Park Avenue, Dimbulah. A letter has now been received from the Men's Shed requesting approval to place two 12 metre tobacco barns on the Community Garden site.

OFFICER'S RECOMMENDATION

"That Council offer no objection to the placement of two 12 metre tobacco barns on the site of the Dimbulah Men's Shed Community Garden which is being developed on Reserve R114, Park Avenue, Dimbulah, subject to the structures meeting all requirements of Council's Building Certifier in terms of structural adequacy and the method of fixing in place on the site, and subject also to the structures being painted an appropriate colour to make them more aesthetically pleasing."

BACKGROUND

Council has previously granted approval to the Dimbulah Men's Shed to develop a Community Garden adjacent to the site of their Men's Shed building on Reserve R114 in Park Avenue, Dimbulah. The Men's Shed Committee has now requested approval to place two 12 metre tobacco barns on the site of the Community Garden to be used as a painting area and potting shed/storage area for this project. The Men's Shed lease area and the Community Garden site are shown on the plan below and photographs are also attached which show the type of structure the tobacco barns are.

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LINK TO CORPORATE PLAN

COM 2: Conduct an analysis of current community facilities and develop a Shire wide community facilities plan to guide the assessment of maintenance programmes, possible capital upgrades of existing facilities and community requests for new facilities and ensure equity of access.

CONSULTATION

Internal Senior Building & Plumbing Officer

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External The Land Management Plan for Reserve R114 was recently advertised for community input but no submissions were received. Consultation also took place with relevant stakeholders during the preparation of the Plan. The Plan has now been approved and registered on the Reserve title by DNRM. The Community Garden proposal is included in the Land Management Plan.

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

Nil (subject to buildings meeting required building standards)

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil Is the expenditure noted above included in the 2015/2016 budget?

N/A

If not you must recommend how the budget can be amended to accommodate the expenditure N/A

IMPLEMENTATION/COMMUNICATION

Council to advise the Dimbulah Men's Shed of its decision.

ATTACHMENTS

1. Letter from Dimbulah Men's Shed (undated). 2. Photographs of Tobacco Barns. Date Prepared: 7 September 2015

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ATTACHMENT 1

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ATTACHMENT 2

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FINANCE

ITEM-10 FINANCIAL STATEMENTS FOR PERIOD ENDING 31 AUGUST 2015

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Finance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with an overview of financial matters for the period 1 July 2015 to 31 August 2015.

OFFICER'S RECOMMENDATION

"That Council note the financial report for the period ending 31 August 2015 and endorse the emergency purchase order."

BACKGROUND

Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 August 2015, Council shows an operational surplus of $13,057,117 compared to a budgeted surplus of $8,899,015. The budget reflects the 2015/16 Budget as adopted by Council at the 3 June 2015 meeting. As only two (2) months have passed, there are no major issues to discuss or areas of concern at this stage. As each month goes past, there will be more financial data to analyse and any areas of concerns will be highlighted. It should be noted that Council's cash position, after the repayment of the de-amalgamation loan, is currently $24,137,867 and this represents an initial transfer of $17,000,000 from TRC. The Deputy Premier (Minister for Transport, Minister for Infrastructure, Local Government and Planning and Minister for Trade) made a decision on 8 April 2015 regarding the cash split. MSC is to receive a sum total of $26,053,002 of the total cash of $52,077,050 which results in MSC receiving a further $9,053,002 plus interest from TRC. On 22 May 2015, TRC made a part payment of $1,719,752. TRC commenced legal action with a trial date set for 8 & 9 December 2015.

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Capital Expenditure Total capital expenditure of $1,809,179 (including commitments) has been spent for the year ending 30 June 2016 against the annual budget of $36,671,000. The graph below illustrates actual YTD expenditure and committed costs against the annual budget. Any 2014/15 capital projects that did not commence or finish will be carried over into the 2015/16 budget. A list of these carry overs will be provided to Council at a three month capital budget review.

August 2015 - Snapshot

Total Operating Income $ 20,178,891 Total Operating Expenditure $ 7,121,744 Operating Surplus $ 13,057,117 Total Capital Income (grants, developer contributions) $ 87,443

Net Result - Surplus $ 13,144,560

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Income Analysis Total income (including capital income of $87,443) for the year ending 31 August 2015 is $20,266,333 compared to the budget of $16,270,832. The graph below shows actual income against budget for the year ending 31 August 2015.

Variances to note are:

1. The favourable variance relates to rates discount, which is only recorded when rate payments are made. As more rate payments are received before discount date, this variance will reduce. 2. Contributing to the favourable variance is Mareeba Mausoleum & Memorial cemetery income ($11k) and building and plumbing income ($8k).

Description

Actual YTD Budget YTD Note

Net Rates & Utility Charges 13,681,225 13,053,132 1

Fees & Charges 351,399 328,760 2

Operating Grants, Subsidies & Contributions 5,144,996 1,796,788 3

Interest Received 135,238 90,184

Works for Third Parties 148,453 337,682 4

Other Revenue 717,580 663,686

Capital Income 87,443 600 5

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3. Council received a prepayment of the Financial Assistance Grant in July of $3,140,081 and its first quarterly payment in August of $830,180. The prepayment was not reflected in the budget. Council will receive three more quarterly payments which will be slighter above the budgeted amount. Also contributing to the favourable variance are grants for two community services funds that were not included in the original 2015/16 budget as we did not receive confirmation they were extending until after the budget had been finalised. This is also the case for expenditure. This will be corrected in the 4 month operational review. 4. No major third party works have commenced. 5. RMPC claim for August is estimated to be $255k and will be submitted in September. 6. $87k relates to developer contributions.

Expenditure Analysis

Total expenses for the year ending 31 August 2015 is $7,121,774 compared to the YTD budget of $7,371,217. The graph below shows actual expenditure against budget for the year ending 31 August 2015.

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Loan Borrowings

Council's loan balance as at 31 August 2015 is as follows:

Rates and Sundry Debtors Analysis

Rates and Charges The total rates and charges payable as at 31 August 2015 is $13,138,012.58 Rates were issued on 18 August for the six (6) months July to December 2015, with the discount period closing on 18 September 2015. Total Gross Rates & Charges levied for the 6 month period was $15,011,060.65. Collection House collected $75,848.31 for the month of August. The outstanding amount for properties currently with debt collection is $395,083.89. Sundry Debtors

The total outstanding for Sundry Debtors as at 31 August 2015 is $546,996.48 which is made up of the following:

Procurement One (1) emergency purchase was recorded for August as follows: Order Number

Quotation Process

Order Date

Supplier Name

Order Amount

Reason

PWK02266 EMERGENCY 26/08/15 Paul Jennings 1,210.00 Mason Street sewer overflow. Emergency call out.

Description

Actual YTD Budget YTD Note

Employee expenses 2,623,217 2,906,537

Materials & Services 3,052,197 3,062,629

Depreciation expenses 1,439,790 1,391,224

Finance & Borrowing costs 6,570 10,827

QTC Loans $1,999,062.16

Current 30 days 60 days 90 + days

$372,676.97

$40,219.85

$16,644.41

$117,455.25

68.13% 7.35% 3.04% 21.48 %

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LINK TO CORPORATE PLAN

Nil

CONSULTATION

Internal Director Corporate & Community Services Financial Accountant External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local government if the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month.

POLICY IMPLICATIONS

Information has been provided to achieve compliance with Council's Procurement Policy.

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil

IMPLEMENTATION/COMMUNICATION

Nil

ATTACHMENTS

1. Financial Statements - August 2015 Date Prepared: 7 September 2015

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COMMUNITY WELLBEING

ITEM-11 KURANDA HORSE AND PONY CLUB DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Community Wellbeing DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

This report is to consider a request from the Kuranda Horse and Pony Club for in principle support for the Club to apply for grant funding to construct an undercover dressage arena and for Council to contribute $10,000 in seed funding, should the Club be successful in securing government funding for the project. This is the Club's first request for assistance from Council as the Club has built existing facilities at their own expense, maintains them at their expense and pays rates and charges.

OFFICER'S RECOMMENDATION

"That Council: 1. Provide in principle support for the Club to apply for grant funding to construct an undercover dressage arena at the Kuranda Horse and Pony Club's facility at Mantaka Park, Kuranda. 2. Contribute $10,000 in seed funding towards the project, should the Kuranda Horse and Pony Club be successful in securing grant funding from other sources for the project."

BACKGROUND

Club Request The Club's request was considered by Councillors at a workshop on 2nd September 2015 and when the Club was advised of the workshop outcome which was to refer the request to the Capital Budget Review, the President said that the Club would be applying for grant funding to the Get Playing Program with applications closing 3 October 2015. Therefore Club needs to know now whether or not Council will provide firstly, in principle support for the project and secondly, contribute seed funding, so that the application can be prepared and lodged in time. The Club initially was also requesting that Council waive the building application and other associated fees, however, after further discussions with this Officer, have agreed to include these in the project budget and use grant funds to meet these costs.

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Project Details The Club has about 30 members and a covered dressage arena would allow larger regional events to be held which would draw another 50-80 riders plus family members and other supporters to the facility; would allow the facility to be hired out to other users eg. for Jump Clinics; and would allow all-weather use by the Club which would help the Club to grow and increase membership and raise revenue. The project has two stages, and stage 1 would allow for half of the existing dressage arena to be covered and the Club would continue to fundraise and source grants to cover the other half in the future. This funding application due Oct 3 is for stage 1. The project to cover the dressage arena was identified as the top priority in the Club's 2015-20 Strategic Plan. Alan Lambert, Manager Governance and Development, is presently negotiating a new trustee lease with the Club over the area they use at Mantaka Park. This is the Club's first request for assistance from Council as the Club has built existing facilities at their own expense, maintains them at their expense and pays rates and charges.

LINK TO CORPORATE PLAN

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 Chief Executive Officer Manager Governance and Development Manager Technical Services Facilities Officer External President, Kuranda Horse and Pony Club

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

Nil

POLICY IMPLICATIONS

Nil

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FINANCIAL & RESOURCE IMPLICATIONS

Capital $10,000 for seed funding if Club's grant application to state government is successful. Seed funding would be required to be paid by Council from 2016/17 budget. Operating Nil Is the expenditure noted above included in the 2015/16 budget?

No

If not you must recommend how the budget can be amended to accommodate the expenditure Nil

IMPLEMENTATION/COMMUNICATION

Manager Community Wellbeing will inform Club President of Council determination

ATTACHMENTS

Nil Date Prepared: 8 September 2015

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ITEM-12 YOUTH CONNECTIONS PROGRAM DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Community Wellbeing DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

In accordance with the Council resolution of Dec 17th 2014 to transition the government funded Community Support Services to community management, this report presents the outcome of an Expression of Interest to subcontract the Youth Connections Program to a suitable not for profit community service organisation.

OFFICER'S RECOMMENDATION

"That Council notes that the externally funded Youth Connections Program will be subcontracted to Mareeba Information and Support Services for the life of the funding agreement, and that this has been approved by the Department of Communities, Child Safety and Disability Services. Council does not intend to tender for future Youth Connections Program contracts."

BACKGROUND

Youth Connections Program Council has been delivering the Mareeba Youth at Risk Program which evolved into the Youth Connections Program since May 2005. $102,231 per annum is provided by the Department of Communities, Child Safety and Disability Services until 31 December 2017. A Youth Connections Officer provides services to young people aged 12-18 years of age in the Mareeba area who are at risk of disconnection and services include access to information, advice and referral as well as support and case management. Expression of Interest In accordance with the Service Level Review decision to transition funded services to community management and with the recent successful transition of three funded services to community management, an Expression of Interest was conducted to identify a suitable community service provider that could be subcontracted to deliver the youth program. The EOI closed 11am Monday 24th August 2015 and two written expressions of interest were received from the following organisations:

PCYC; and

Mareeba Information and Support Centre.

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The assessment criteria included: 1) Demonstrated ability to deliver the current Youth Connections Program funded by the

Department of Communities, Child Safety and Disability Services. 2) Demonstrated ability to manage a government funded community-based service based

in Mareeba. 3) A proven track record to comply with departmental funding requirements including the

timely lodgement of accurate quarterly outputs and performance reports and financial reports.

4) Demonstrate your organisation's ability to deliver culturally competent services to Indigenous young people and their families in the town of Mareeba and the surrounding district.

5) Explain the practice frameworks and service delivery strategies or approaches your organisation would employ to deliver the Youth Connections Program to vulnerable young people aged 12- 18 years and their families.

6) Outline your preference for the office location of the Youth Connections Officer and the reasons for this preference.

A panel assessed each application against the criteria and the panel members comprised of two Senior Council Officers and a Department of Communities, Child Safety and Disability Services Senior Officer, representing the YCP funding body. The panel assessed Mareeba Information and Support Services (MISC) as the preferred subcontractor for the YCP. MISC is a not for profit community-based organisation that delivers a range of family and community support services in Mareeba. Most of these services are funded by the same department that funds YCP and are delivered by paid employees. Other services and activities are delivered by volunteers, eg community transport service. The incorporated body has an elected volunteer committee of management, a paid Manager, paid employees and volunteers. Department of Communities, Child Safety and Disability Services Approval Council's YCP contract with the Department of Communities, Child Safety and Disability Services requires the funding body to approve the appointment of a suitable subcontractor. On 3 September 2015, Council received written advice from the Regional Director of the Department providing this approval. New Governance Arrangements for Youth Connection Program

Council subcontracts the delivery of YCP to Mareeba Information and Support Centre with the approval of the funding body.

Council retains the funding agreement with the department until it expires on 31 December 2017 and Council will then not tender for a new contract.

The Youth Connections Officer elected to be employed by MISC and consequently ceases to be a Council employee. Under "Transfer of Calling" arrangements, the YCO is employed by MISC under an employment package that is substantially similar to his previous employment by Council.

YCP service levels are maintained and there is no impact on clients and the wider community.

Council's role now becomes one of contract manager, responsible for managing the contract with the funding body and the subcontractor. Council is no longer in the role of community services manager responsible for the day to day delivery of the funded service. Council will retain a portion of the grant to cover the costs associated with the reduced role of Contract Manager.

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LINK TO CORPORATE PLAN

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 Engagement and Development Officer YCO Officer Manager Organisational Development Manager Systems and Customer Service Manager Finance Director Corporate and Community Chief Executive Officer External PCYC (Mareeba and Brisbane Offices) Mareeba Information and Support Centre Department of Communities, Child Safety and Disability Services

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil Is the expenditure noted above included in the 2015/16 budget?

Yes

If not you must recommend how the budget can be amended to accommodate the expenditure Nil

IMPLEMENTATION/COMMUNICATION

A service agreement for the YCP subcontracting arrangements has been negotiated with Mareeba Information and Support Centre.

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PCYC Mareeba and Brisbane have been informed of the outcome and feedback provided on the EOI. YCO has been kept informed of all developments.

ATTACHMENTS

Nil Date Prepared: 8 September 2015

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INFRASTRUCTURE SERVICES

TECHNICAL SERVICES

ITEM-13 TENDER EVALUATION CONTRACT TMSC2015-14 - NDRRA 2014 KURANDA SEALED ROADS

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Director Infrastructure Services DEPARTMENT: Infrastructure Services

EXECUTIVE SUMMARY

Council has received grant funding approval from the Queensland Reconstruction Authority to undertake restoration works to essential public assets in the Council area as a consequence of the 2014 NDRRA declared event. Contract TMSC2015-14 NDRRA 2014 Kuranda Sealed Roads is for the restoration of a package of gravel roads to be restored under the 2014 NDRRA Programme. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer.

OFFICER'S RECOMMENDATION

"That Council resolves to award Contract TMSC2015-14 NDRRA 2014 Kuranda Sealed Roads to FGF Developments Pty Ltd for an amount of $1,070,338.72 (exclusive of GST)."

BACKGROUND

Contract TMSC2015-14 is for the restoration of sealed roads in the Kuranda area under the 2014 NDRRA Programme. The contract is for the reconstruction of the following roads on a schedule of rates basis.

The roads involved are:

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Tenders were received from the following contractors:

All prices listed above are exclusive of GST. TENDER ASSESSMENT Overview The tender documents advised tenderers that all tenders would be assessed on the following criteria and weightings: Tender Price 40% Work Methodology and Approach 15% Relevant Experience 15% Local Content 10% Key Personnel Skills, Experience and Resources 20% Price is a calculated formula dependent on the actual tender received against the median of all prices received. Scores for the other criteria are subject to knowledge of the tenderers performance on previous projects. Scores for each criteria are out of 5. During the tender assessment officers became aware of pricing differences between the lowest tenderer (RMS Engineering & Construction Pty Ltd) and other tenders, particularly in the item for provision for traffic. This was discussed with the lowest tenderer and it was requested of the lowest tenderer that confirmation be provided to Council that the company was comfortable with the pricing as offered and that the works could be delivered for the tendered amount. RMS Engineering & Construction Pty Ltd considered this request and in correspondence received on 7 September 2015, the company advised that it was

- Ardmore Park Road - Barron Falls Road - Cardinia Boulevard - Coondoo Street - Green Forrest Road - Greenhills Road - Harriman Street - High Chapparal Road - Koah Road - Masons Road - Monaro Close - Windy Hollow Road

- Myola Road - Natasha Close - Oak Forest Road - O'Neil Close - Rob Veivers Drive - Sanctuary Close - Shiva Close - Speewah Road - Vievers Drive - Vievers Street - Warril Drive

- RMS Engineering & Construction Pty Ltd $840,454.68

- FGF Developments Pty Ltd $1,070,338.72

- Gregg Construction Pty Ltd $1,107,649.75

- LDI Constructions (QLD) Pty Ltd $1,195,238.89

- Northern Civil Earthworks Pty Ltd $1,080,518.00

- Robinson Civil Constructions Pty Ltd $1,168,118.28

- McNab Developments Pty Ltd $1,177,691.67

- Koppens Developments Pty Ltd $1,169,934.32

- Heavy Equipment Hire Pty Ltd $1,235,089.50

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withdrawing its tender submission. As a consequence RMS Engineering & Construction Pty Ltd is not considered any further for the works under this contract. The lowest tenderer, FGF Developments Pty Ltd is a well established Cairns based construction company with a proven track record in road construction. While not having been successful in undertaking other NDRRA projects on the Tablelands in recent years, the company has recently completed works for the Transport and Main Roads Department successfully. The second lowest tenderer, Northern Civil Earthworks, has previously completed NDRRA works on the Tablelands to a satisfactory standard. All local Tablelands tenderers are allocated a score of 5 out of 5 for Local Content with Cairns based tenderers being allocated a score of 4.5 out of 5 for the same criteria. This has been consistent for previous NDRRA Programs on the Tablelands. Summary All tenders have been assessed on the above basis, with the scoring resulting in the following (out of a maximum possible five (5) points):

It is therefore proposed to recommend FGF Developments Pty Ltd undertake the works under Contract TMSC2015-14. Approved funding from the Queensland Reconstruction Authority to the roads in this package is $1,233,637.42 which includes all materials, labour and machinery. Under the approval from the Queensland Reconstruction authority, actual costs will however apply.

LINK TO CORPORATE PLAN

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 Council officers External Nil

- FGF Developments Pty Ltd 3.95

- Robinson Civil Constructions Pty Ltd 3.91

- LDI Constructions (QLD) Pty Ltd 3.90

- Gregg Construction Pty Ltd 3.86

- Northern Civil Earthworks Pty Ltd 3.82

- Koppens Developments Pty Ltd 3.75

- Heavy Equipment Hire Pty Ltd 3.73

- McNab Developments Pty Ltd 2.95

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

The main risk in undertaking NDRRA works under approvals from the Queensland Reconstruction Authority is that of scope creep with consequent problem of not being reimbursed for expenditure incurred due to scope creep. To assist in the alleviation of this risk, all approved work sites are photographed before, during and after works with these photographs then being compared to the submission photographs. Additionally, a full time inspector is engaged for the contract works to oversee the restoration works. The inspector then has assistance for a contract Superintendent's Representative who then reports to the contract Superintendent.

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil Is the expenditure noted above included in the 2015/2016 budget?

Included in the approved 2014 NDRRA Programme

If not you must recommend how the budget can be amended to accommodate the expenditure Nil

IMPLEMENTATION/COMMUNICATION

Affected residents will be advised of the planned works programme prior to commencement.

ATTACHMENTS

Nil Date Prepared: 8 September 2015

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ITEM-14 2015/16 FEES & CHARGES - COUNCIL HALL HIRE - CHANGE TO CATEGORIES

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT: Infrastructure Services, Facilities Group

EXECUTIVE SUMMARY

Council agreed at a Workshop held on 16 April 2015 to retain the existing hall charges but to reduce the categories from six (6) to four (4) for the 2015/16 financial year. This has led to some confusion with hall users as to which category they belong. In an effort to alleviate this confusion, it is recommended that the hall charging categories revert back to the original guidelines of 2014/15 prior to the Workshop held on 16 April 2015.

OFFICER'S RECOMMENDATION

"That Council rescind the decision to amend the categories of fees and charges for 2015/16 hire of Council's halls and adopt the original categories as detailed in 2014/15."

BACKGROUND

At the Council Workshop held on 16 April 2015, fees and charges relating to the hire of Council Halls were reviewed and it was agreed that the current fees and charges should remain unchanged for commercial organisations and operators. However non-profit organisations will only be required to provide the bond amount and not the cost of hire for the hall. Also at that Workshop, it was agreed to simplify the categories by reducing them down from six (6) to four (4). This change has resulted in some confusion with hall users and therefore it is proposed that the 2014/15 categories be reintroduced and adopted for 2015/16 to alleviate any confusion for hall users.

LINK TO CORPORATE PLAN

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.

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CONSULTATION

Internal Mayor Chief Executive Officer Director Infrastructure Services External Nil

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil Is the expenditure noted above included in the 2015/2016 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil

IMPLEMENTATION/COMMUNICATION

The revised categories for 2015/16 will be shown on the website

ATTACHMENTS

1. The 2014/15 Fees and charges to be adopted; 2. The 2015/16 Fees and charges to be rescinded. Date Prepared: 8 September 2015

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ITEM-15 INFRASTRUCTURE SERVICES - TECHNICAL SERVICES - MONTHLY ACTIVITIES REPORT - AUGUST 2015

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Technical Services DEPARTMENT: Infrastructure Services, Technical Services

EXECUTIVE SUMMARY

This report summaries Council's Technical Services activities undertaken by Fleet, Design, Soils Lab, Survey, Quality, GIS, Project Management and Investigation Sections of Infrastructure Services during the month of August 2015.

OFFICER'S RECOMMENDATION

"That Council receive and note the Infrastructure Services Technical Services Monthly Report for the month of August 2015."

BACKGROUND

TECHNICAL SUPPORT SECTION Design

2014/15 Capital Works - Long Distance Bus Stop, Arnold Park Mareeba. Design and construction

completed. - Long Distance Bus Stop, Kennedy Highway Kuranda. Design and construction

completed.

2015/16 Capital Works - Anzac Avenue and Ceola Drive, Mareeba - Plans drafted - Pensioner Precinct Mareeba - Footpath Upgrades - Design 95% complete. - Anzac Avenue, Mareeba (Brunker Property) - Proposed Easement and

Stormwater Upgrades. Plans drafted - Mary Andrews Park, Mareeba - Footpath Construction - Design completed and

delivered to Civil for construction - Kay Road, Mareeba - Road Widening and Upgrade - Design completed and

delivered to Civil for construction - Ray Road, Mareeba - Pavement Widening - Design completed and delivered to

Civil for construction - Chewko Road, Mareeba - Pavement Widening - Audit of construction works

completed - Tyrconnell Road, Arriga - Pavement and Seal widening. Design completed and

awaiting sign off.

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Kuranda - Bitzios Report. Audit of works carried out. Identifying outstanding works

Mareeba Aerodrome Upgrade - Update maps in Aerodrome manual.

As constructed Plans - Third Party Requests

As Constructed Plans - Internal Requests

WW&W Sewer Reticulation concept plans for grant submission

WW&W Mareeba Landfill small plan design

Mareeba Library - Plotting of large posters

Grove Creek, Speewah - Preparation of Lidar Map

Therwine Street, Kuranda - Redevelopment Project - Landscaping plans delivered for coordination. Civil design started.

Soils Lab

MSC - Chewko Road Construction Field Tests Stage 2 - Brickley Street, Dimbulah Soil Tests - Cater Road, Mareeba - Bus Stop and Seal

External Contractors - Cook Shire, Jardine River - Quality Control - GEO-Stabilise Moody Creek - EarthTech NQ - Various aggregate tests and concrete tests EarthTech are

unable to undertake within their NATA Registration - Mt Carbine & Mossman Quarries - Various quality control tests carried out on

aggregates, cover aggregates and road base - The Dirt Professionals - Various aggregate tests and quality tests

The Dirt Professionals are unable to undertake within their NATA Registration - Kinder Concrete Quality testing of concrete - Mossman Quarries Various Quality Control tests NDRRA Job Douglas Shire - TRC Truck Pad Tumoulin - TRC Channel Road, Walkamin - M&G Crushing Pickford Road Sand Pit Quality Control - MCQ NDRRA Quality - Kidner Contracting Gamboola Pit Quality Control

Survey

2015/16 Capital Works - Chewko Road, Mareeba - Construction Survey completed - Monaro Close, Kuranda. Bus Park Survey. 30% completed. On hold due to

Aerodrome - High Chapparal Road, Kuranda. Intersection Survey. 80% completed. On hold

due to Aerodrome - Mary Andrews Park, Mareeba - Footpath Setout completed - Anzac Avenue, Mareeba - Brunker Property Survey Easement. Completed

Watsonsville Rural Fire Brigade - Lease. 50% complete. Waiting on written permission from the lessee (DNRM requirement) to go ahead and open road reserve through their lease. Several letters have been written

Kuranda Pony Club Lease. Job is complete.

Brooklyn Station - Road opening/closures. All field work has been done. Plans currently being checked by Roger Twine

Chillagoe Industrial Estate - 50 Block Reconfigure. Extra field work and plan drawings need to be done. Revised estimate of 40% completed.

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Mareeba Landfill - Monthly Survey

Mareeba United Football Club - Lease Survey. 70% completed with most of the field work done.

Therwine Street, Kuranda - Extra Detailed Survey completed

Mareeba Aerodrome Survey for tendering of works associated with $13M

Mutchilba Road Reserve Survey Completed

Mount Lewis Road, Mt Molloy - Survey of inside corner where embankment failure occurred

Springmount Road, Walsh River Bridge Survey completed. Quality

RMPC Quality - Traffic and Environmental Management Plans

Chewko Road Traffic Guidance Scheme (TGS)

Follow up TMR Traffic Management Workshop

FNQ Hospital Foundation Cardiac Challenge TGS and temporary road closure and permits. (Kuranda and Mareeba)

Temporary Road Closure Permits

Soils Lab Quality System maintenance (Calibration Sheets)

Aerodrome Reporting Officer duties

Code of Conduct and CPR Training GIS

Emergency Alert Polygons

MapInfo internal training and queries

Updating GIS infrastructure layers, roads, sewerage, water

Producing Maps for internal requests i.e requests from Councillors

Producing Maps for internal requests i.e Australia Post map book of lots and roads

Creating road imagery GIS files

Photogrammetry of UAV imagery to produce contours etc.

Weed Maps for Park and Gardens

Rural Addressing

Reviewing allroads data layer for QRA Project Management

Building - Kuranda, One Mega Litre Reservoir. Construction ongoing and works currently

at construction of roof stage.

- Kuranda Heights Road, Upgrade Water Main. Works completed

- MSC Transfer Station

o Fuel Bunding Upgrade. Purchase Orders issued to Shane Smith and works

programmed to start mid-September

o Roof over Oil Recovery. Purchase Orders issued to Shane Smith and works

programmed to start mid-September

o Hoist Installation. Purchase Orders issued to Shane Smith and works

programmed to start mid-September

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- Mareeba Swimming Pool - Retractable Shade Sail installed. Safe Workplace Method Statements in the process of being produced for the retraction of the shade sail.

- Kuranda Community Precinct - Library.

o All internal and external timber framing complete

o External wall sheeting fixed and plaster coat commenced

o Windows and door frames installed

o Refrigerant drain lines installed

o Plumbing and drainage pipework installed

o Internal and external sheeting cleaned and prepped, ready to be painted

- Mareeba Gymnasium

o Quotes received for replacement of existing roller doors. Due to costs, works

have been added to PPT for consideration in future budgets.

o Lighting Upgrade to Existing Hall. Purchase order issued to LM Engineering

and Cliff Bertoldo

- Assisting Facilities with Project Management Work - Mausoleum Wall, Mareeba Cemetery - Plans have been signed and sent out for

tender

Civil - 2014/15 Bitumen Reseal Program closeout. - Therwine Street, Kuranda Redevelopment. Landscape Architect Finalising

Design Plans and MSC Civil design team to commence design. - Long Distance Bus Stop - Arnold Park. Processing acquittals. - Long Distance Bus Stop - Kuranda. Processing acquittals. - 2015/16 Bitumen Programme - Works programmed to start early September. - Queensland Rail Interface Agreement works ongoing

Aerodromes

Mareeba Aerodrome - Serviceability Inspections - Electrical inspections re-introduced - Periodic Inspections - Prepare monthly aircraft parking report for Avdata - A new Aerodrome Frequency Response Unit (AFRU) was installed and the

previous NOTAM on this was removed. - Western Apron and Taxiway was swept with street sweeper and as a result

some seal was striped back and gravel exposed. This was then resealed

Chillagoe Aerodrome - Permanent NOTAM issued

Disaster Management

Sub Plans completed

GIS creating Emergency Alert Polygons around an area of Mareeba for testing

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Fire Management

Hazard Reduction Burning Program underway in Mt Molloy and Mareeba

Meeting with QFES undertaken

Prioritise and develop a management plan for hazard reduction with QFES

Fire Management Group Meeting Subdivisions

Operational Works - Ongoing

Development Applications - Ongoing

On/Off Maintenance Inspections - Ongoing

Driveway Application Inspections - Ongoing Asset Management

Maintenance of various registers

Installation of Traffic Counters

Maintenance of PPT

As Constructed information for Capital Works Completion and Donated Assets

Estimating costs for various projects as a result of customer requests Investigations

Road Openings and Closures - Ongoing

Gates and Grids - Ongoing

Dealing with Pipeline Authorities.

Dealing with CR's in General - Ongoing

'No Name Road' off Black Mountain named

SunWater Sewerage Realignment - On maintenance

Installation of traffic counters within the shire

ECM - Dealing with Telstra, Ergon and Mining Leases.

Processing NHVR referrals.

Mackay Sugar BDouble Route Assessments. FLEET & WORKSHOP SECTION

The installation of the BigMate Fleet Management System

Fleet Allocations officers monthly report to Director Infrastructure services external plant hire and external services

Hiring of internal and external plant and the processing of purchase orders and invoices

Monitoring and checking of internal timesheet and plant and equipment booking

12 monthly vehicle loading cranes safety inspections Mareeba Workshop

Routine Vehicle/Plant Services 34

Planned routine maintenance 46

Breakdowns < 8 hrs Downtime 1

Breakdowns > 8 Hrs Downtime Nil

Fabrication Works completed By Mareeba Workshop

Makeup street sign posts for Kuranda

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Makeup water meter covers Water and Waste water

Makeup manhole grate Mt Molloy

Reported Damage and Repairs

Collision between private contractor water truck and Council tractor Asset No 5003 on the Mt Mulligan highway job site. Insurance Claim

o Council Tractor Asset No 5003 broken door glass, broken right hand

mudguard and new rear tyre required.

o Private contractor water truck broken spray bar, damaged high pressure hose

reel and bent sub frame on water tank.

Minor Plant purchases <$5,000 $875 New engine for fire fighting unit. FACILITIES SECTION Caravan Parks

Dimbulah Caravan Park In August 2015, 607 total bookings were recorded for Dimbulah Caravan Park, while in August 2014 the total was 758, showing a slight decrease this year. In July 2015, there were 486 bookings, which means there has been a slight increase compared from the previous month.

Mareeba Riverside Caravan Park In August 2015, 2,430 bookings were recorded. Comparing figures to this time last year Riverside recorded 2303 which shows the park has attracted more visitors to stay. Numbers have decreased slightly from last month by 183 with the tourist numbers falling.

Figure 1. Monthly comparison Dimbulah Caravan Park

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Public Halls

The total number of hall bookings in August 2015 was 52 which was the same number for July 2015 and for the same time last year - August 2014. (Koah Community Hall figures were not collated then). In August 2015, Dimbulah Hall recorded 19 bookings, the highest number compared to the other public halls. In this hall many recurring sport activities are being held No bookings were made for the Almaden hall. Bookings are still not taken for the Kuranda Precinct except for the Kuranda Community Precinct Advisory Committee as building works have started for the new Council facility. Koah Community Hall is now getting booked through MSC with one booking for the month, for a private memorial function. Chillagoe Hall had three bookings for the month.

Figure 2. Monthly comparison Mareeba Riverside Caravan Park

Figure 3. Monthly comparison halls

0

5

10

15

20

25

Monthly Comparison Halls

Aug-14

Jul-15

Aug-15

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Swimming Pools

The chart shows that the usage for the swimming pools has decreased from May to August. The month of May is warmer then August hence why the usage for May is higher. Kuranda Aquatic Centre had lessons cancelled due to the pool temperature being cold as the heaters are not functioning. All three pools where closed in June and July, with Kuranda and Mareeba opening in August. Dimbulah remains closed for August.

LINK TO CORPORATE PLAN

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 Nil External Nil

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

Nil

POLICY IMPLICATIONS

Nil

Figure 4. Monthly comparison swimming pools

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FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil

Operating Nil

Is the expenditure noted above included in the 2015/2016 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil

IMPLEMENTATION/COMMUNICATION

Nil

ATTACHMENTS

Nil Date Prepared: 7 September 2015

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WORKS

ITEM-16 INFRASTRUCTURE SERVICES - WORKS SECTION PROGRESS REPORT - AUGUST 2015

DOCUMENT INFORMATION

MEETING: Ordinary Meeting

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Works DEPARTMENT: Infrastructure Services, Works Group

EXECUTIVE SUMMARY

This report sets out works undertaken by the Transport Infrastructure, Parks and Gardens and Bridge Sections of Infrastructure Services during the month of August 2015.

OFFICER'S RECOMMENDATION

"That Council receive and note the Infrastructure Services Transport Infrastructure, Parks and Gardens and Bridge Sections - Progress Report for the month of August 2015."

BACKGROUND

Works Group Maintenance Activities Maintenance activities accruing more than $1,000 in expenditure were carried out in August at the following locations:

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

Currently there is $30,248 of expenditure for reseal preparation work for the 2015/16 reseal and asphalt program to be credited to the maintenance budget.

Grading of unsealed roads during August was undertaken at the following locations.

Location Activity

Dillon Street, Mareeba Prep work for reseals

Leafgold Weir Road, Dimbulah Bitumen patching, prep work for reseals

Martin Road, Chewko Grading unsealed roads

Slape Road, Mareeba Grading unsealed roads

Spurrier Road, Mareeba Grading unsealed roads

Studt Road, Mareeba Grading unsealed roads

Blacks Road, Mareeba Grading unsealed roads

Oak Forest Road, Kuranda Bitumen patching

Pinnacle Road, Julatten Bitumen patching, culvert repairs, grading unsealed roads

Kelly Road, Speewah Prep Work for Reseals

Barron Falls Road, Kuranda Customer request, slashing, slashing

Harrigan Road, Chewko Grading unsealed roads

Paglietta Road, Chewko Grading unsealed roads

Riley Road, Julatten Grading unsealed roads

Warril Drive, Kuranda Bitumen patching

Facet Drive, Mareeba Prep Work for Reseals

Mines Road, Mareeba Grading unsealed roads

Location Activity

Mount Spurgeon Road, Mt Carbine Grading unsealed roads

West Mary Road, Mt Carbine Grading unsealed roads

Greenhills Road, Kuranda Bitumen patching

Pashen Road, Julatten Grading unsealed roads

Roos Road, Chewko Grading unsealed roads

Chettle Road, Arriga Culvert repairs, prep work for reseals, road Furniture

Top Eureka Road, Dimbulah Bitumen patching

Mount Perseverance Road, Julatten Culvert repairs, grading unsealed roads

Hillview Road, Julatten Grading unsealed roads

Contract Clearing Account, Chillagoe General operations

McGrath Road, Mareeba Grading unsealed roads

Nine Mile Road, Julatten Culvert repairs, grading unsealed roads

East Mary Road, Mt Carbine Grading unsealed roads

Mount Lewis Road, Julatten Culvert repairs, grading unsealed roads

Cemetery Road, Chillagoe Prep work for reseals

Henry Hannam Drive, Mareeba Grading unsealed roads

Tinaroo Creek Road, Mareeba Grading unsealed roads

Annual Budget Year to Date Budget Year to Date Actual

$3,230,322 $535,600 $471,383

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Capital Works Chewko Road - Widen and Seal Works continued during August on the Chewko Road widen and seal project commencing at the Paglietta Road intersection and joining previous widening works just west of Tatti Sands. A distance of 1.27km. The existing 3.6m sealed pavement will be rehabilitated and widened to a sealed to a width of 7.0m plus a 0.5m unsealed shoulder. An additional 1.7km of shoulder widening and sealing, culvert and pavement repair and drainage improvements past the Chewko Road/Narcotic Creek Road intersection has been achieved with the funding. Works are programmed to be complete early September.

Road Road

Cobra Road, Mareeba Bethel Road, Mount Carbine

Rubina Terrace, Irvinebank Rogers Road, Biboohra

Mason Street, Mareeba Martin Road, Chewko

Moffat Street, Mareeba Slape Road, Mareeba

Vulcan Wood Road, Irvinebank Spurrier Road, Mareeba

No Name Rd 89, Irvinebank Studt Road, Mareeba

Mount Nolan Road, Watsonville Blacks Road, Mareeba

Arbouin Mine Road, Watsonville Harrigan Road, Chewko

Cemetery Road, Irvinebank Paglietta Road, Chewko

Querin Road, Biboohra Riley Road, Julatten

Rosing Road, Biboohra Mines Road, Mareeba

Rush Road, Biboohra Mount Spurgeon Road, Mount Carbine

Hodzic Road, Biboohra West Mary Road, Mount Carbine

Vallely Road, Biboohra Pashen Road, Julatten

Martin Avenue Connect Road - Gravel Road, Mareeba Roos Road, Chewko

Richards Road, Julatten Mount Perseverance Road, Julatten

Pedersen Road, Irvinebank Hillview Road, Julatten

Clayton Lane, Julatten McGrath Road, Mareeba

English Road, Julatten Nine Mile Road, Julatten

Keal Close, Mareeba East Mary Road, Mount Carbine

Bullock Road, Biboohra Mount Lewis Road, Julatten

Pinnacle Road, Julatten Henry Hannam Drive, Mareeba

Churchill Creek Road, Julatten Tinaroo Creek Road, Mareeba

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Brickley Street Dimbulah - Seal to Existing Kerb and Channel Works commenced in late August at Brickley Street, Dimbulah. The project involves the removal of the existing shoulder material and replacing it with 200mm of Type 2.2 Road Base followed by a two coat bitumen seal over the new works. The project is programmed to be sealed the second week of September.

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Mary Andrews Park - Footpath Extension Footpath extension works continued at Mary Andrews Park during August. An additional 246m of 2m wide concrete footpath is being constructed linking the new car park extension, exercise equipment and public amenities. Works are programmed to be completed mid-September.

Walsh Street and Kennedy Highway Long Distance Bus Stops Works were completed in August at the two new long distance bus stops in Mareeba and Kuranda. As well as the installation of a heritage seat donated to Mareeba Shire Council by QRail. The projects were joint funded by Mareeba Shire Council and the Department

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TMR Routine Maintenance Performance Contract (RMPC) Routine maintenance activities were undertaken during August at the following locations;

The total claim to DTMR for the works listed above for the month of August was $255,209.08.

Primary Location Activity Name

Kennedy Highway - Cairns - Mareeba Other furniture repairs

Kennedy Highway - Cairns - Mareeba Rest area servicing

Mulligan Highway - Mareeba - Mt Molloy Heavy shoulder grading rural, includes traffic control

Mulligan Highway- Mt Molloy - Lakeland Heavy shoulder grading rural, includes traffic control

Mulligan Highway- Mt Molloy - Lakeland Other formation work

Mulligan Highway- Mt Molloy - Lakeland Other roadside work

Mulligan Highway- Mt Molloy - Lakeland Other vegetation control works

Mulligan Highway- Mt Molloy - Lakeland Repair Signs (excluding Guide Signs)

Mulligan Highway- Mt Molloy - Lakeland Rest area servicing

Mulligan Highway- Mt Molloy - Lakeland Roadside litter collection - rural

Mossman - Mt Molloy Road Other culvert, pipe and pit work

Mossman - Mt Molloy Road Other vegetation control works

Mossman - Mt Molloy Road Roadside litter collection - rural

Burke Developmental Road Medium formation grading (western) with extras and 2 watercarts - excludes traffic control

Burke Developmental Road Other culvert, pipe and pit work

Burke Developmental Road Other formation work

Burke Developmental Road Other furniture repairs

Burke Developmental Road Other sign work

Burke Developmental Road Repair Signs (excluding guide signs)

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Parks and Gardens Section Maintenance Activities Parks and Gardens maintenance activities accruing more than $1,000 in expenditure were carried out in August at the following locations:

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

Bridge Section Maintenance Activities Bridge maintenance activities accruing more than $1,000 in expenditure were carried out in August at the following locations:

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

Location

Parks and Gardens - Chillagoe

Basalt Gully and Bi-Centennial Lakes - Mareeba

Mary Andrews Gardens - Mareeba

Arnold Park - Mareeba

Centenary Park - Mareeba

Barron Esplanade - Mareeba

Byrnes Street Medians - Mareeba

Ralph Leinster Park - Mareeba

McCrohan Park - Kuranda

Kuranda Parks, Library, CBD and Streets

Raleigh Street Park - Dimbulah

Borzi Park - Mareeba

Davies Park - Mareeba

Geraghty Park - Julatten

Mowing Mareeba Streets

Rates for all Parks/Reserves/Vacant Lots

Furniture &Playground Equipment

Sunset - Sunbird Park

Parks and Gardens foremen Mareeba

QITE 2015/16 (Work for The Dole)

Annual Budget Year to Date Budget Year to Date Actual

$1,616,639 $270,301 $265,608

Location

Speewah Road Kauri Creek Bridge

Kelly Road Culvert Ch .120

Ganyan Drive Culvert Ch .983

Inspections and General Expenses

Culvert and causeway inspections and maintenance

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LINK TO CORPORATE PLAN

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 Infrastructure Services staff External Nil

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Included in 2015/2016 budget Operating Included in 2015/2016 budget Is the expenditure noted above included in the 2015/2016 budget?

Yes

IMPLEMENTATION/COMMUNICATION

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

ATTACHMENTS

Nil Date Prepared: 07 September 2015

Annual Budget Year to Date Budget Year to Date Actual

$537,318 $132,930 $85,145

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ITEM-17 BRIDGES RENEWAL PROGRAM - PROGRESS REPORT DOCUMENT INFORMATION

MEETING: Ordinary Meeting

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: Manager Works DEPARTMENT: Infrastructure Services, Works Group

EXECUTIVE SUMMARY

This report is intended to update Council on progress with regards issues highlighted during the recent Level 3 RPEQ Bridge Inspection program. The bridges assessed as most at risk, namely Grove Creek Bridge at Speewah and Walsh River Bridge at Springmount Road were originally included in the 2015/2016 and 2016/2017 capital works programmes respectively. A recent funding increase to the Transport Infrastructure Development Scheme (TIDS) has enabled the FNQROC Technical Committee to move the 50% funding of the Walsh River Bridge project forward to 2015/2016 allowing these works to be done in the current financial year. Other bridges will be assessed in coming months with a view to prioritising a bridge replacement programme.

OFFICER'S RECOMMENDATION

"That Council receive and note the Bridge Renewal Program progress report."

BACKGROUND

Pitt & Sherry (Operations) Pty Ltd were engaged by Mareeba Shire Council to undertake Level 3 inspections of 22 bridges throughout the Shire. The inspections were carried out during January and February 2015. Level 3 bridge inspections typically address bridge condition and structural assessment. The reports were received for the 22 bridges containing recommendations of load limits and corrective and preventative actions to prolong the useful life of the bridges. Below is a summary of the bridges inspected and the recommendations.

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Bridge Recommendations

Flin Creek Pinnacle Road

Based on the inspection and load assessment results it is considered that a posted load limit is not required at this stage. Due to deterioration signs observed it is recommended implementing/maintaining a regular inspection regime to monitor the condition of the bridge. To prevent/slow further deterioration of the stringers consideration should be given to applying anti-termite and anti-fungal treatment to the stingers.

Bullock Creek Hoey Road

Based on the inspection and load assessment results it is recommended that load limit of 15t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Due to the advanced deterioration of the timber stringers it is recommended that regular inspection regime (including timber drilling) is implemented to monitor the bridge condition. Consideration should also be given to treating the internal rotting.

Jeffrey Road Based on the inspection and load assessment results it is recommended that load limit of 10t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. In order to prevent further deterioration of the middle stringer it is recommended installing anti-splitting bolts/banding and treating any surface rotting as a matter of urgency. Due to the level of deterioration observed it is recommended implementing/maintaining a regular inspection regime to monitor the bridge condition.

Boggy Creek Hillview Road

Based on the inspection and load assessment results it is recommended that load limit of 10 tonne be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. In order to monitor the bridge condition it is recommended implementing/maintaining a regular inspection regime.

Oakey Creek Hodzic Road

Based on the inspection and load assessment results it is recommended that a load limit of 11t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. Due to the advance deterioration of the timber stringers it is recommended implementing/ maintaining a regular inspection regime to monitor the bridge condition. Consideration should be given to replacing the bridge deck in the near future because the deterioration of the stringers is expected to progress which will affect the load capacity of the bridge. It is also recommended replacing the missing running planks to prevent damage to the cross-decking planks.

Shanty Creek Kovacic Road

Based on the inspection and load assessment results it is recommended that load limit of 14 tonne be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. Due to the advanced deterioration of the timber stringers observed, it is recommended implementing/maintaining a regular inspection regime (including timber drilling) to monitor the bridge condition. Consideration should be given to treating the stringers to prolong their design life.

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Bridge Recommendations

Clohesy River Barron Street

Based on the inspection and load assessment results it is recommended that load limit of 9t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Due to the advance deterioration of the timber stringers it is recommended that a regular inspection regime is implemented and maintained to monitor the bridge condition. Consideration should be given to treating the pocket/internal rotting observed. If the proposed load limit is not practical then consideration should be given to replacing the deck or introducing another pier to reduce the longer span.

Bushy Creek Chapmans Road

Based on the inspection and load assessment results it is recommended that load limit of 15t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. In order to prevent further deterioration of stringer 1 due to pocket rotting observed it is recommended implementing a suitable treatment solution. Alternatively, the stringer should be replaced. Consideration should be given to replacing the deteriorated retaining logs at both abutments. It is also recommended implementing/maintaining a regular inspection regime to monitor bridge condition.

Davies Creek Davies Creek Road

Based on the inspection and load assessment results it is recommended that a load limit of 30t be imposed to the bridge. This load limit corresponds to the T44 type of vehicles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit. It is also recommended implementing/maintaining a regular inspection regime to monitor the bridge condition. Due to discrepancy between the anticipated life expectancy of the bridge and its current condition it is recommended confirming the year of construction of the bridge.

Clohesy River Bolton Road

Based on the inspection and load assessment results it is recommended that load limit of 14t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. It is also recommended implementing/maintaining a regular inspection regime to monitor the bridge condition.

Leadingham Creek Leadingham Creek Road

Based on the inspection and load assessment results it is recommended that load limit of 14t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. Due to the advance deterioration of the timber stringers consideration should be given to replacing the bridge superstructure in the near future because the stringers are expected to deteriorate at a rapid pace and the capacity of the bridge will be reduced significantly.

Nissan Creek Mt Lewis Road

Based on the inspection and load assessment results it is recommended that load limit of 12 tonne be imposed on the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which is less restrictive. Due to stringers deterioration observed it is recommended implementing a regular inspection regime (including timber drilling) to monitor the stringers condition. In order to prevent further splitting of stringer 4 it is recommended replacing this stringer or installing banding. If the proposed load limit or the replacement of the superstructure is not practical at this stage temporary strengthening of the deck should be considered. The strengthening may be in the form of transverse steel beams connected to the stringers (to improve the load distribution between the stringers) or other.

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It is intended that any signage issues will be dealt with using the bridge sections operational budget. This process has commenced. Funding for the upgrade of Oakey Creek Bridge on Springmount Road and Leadingham Creek Bridge on Leadingham Creek Road has been applied for under the Bridge Renewal Program. The results of the application will be known sometime between December 2015 and March 2016. The design work for the Walsh River Bridge on Springmount Road will be commissioned shortly. After on-site inspections by Council's Director Infrastructure Services, further review of the Pitt & Sherry level 3 report and initial discussions with structural engineers, thought has been given to bringing the design works forward for the upgrade of Leadingham Creek Bridge on Leadingham Creek Road. The outcome from the inspections and any future planned rehabilitation works will be reflected in Council's PPT and 10 year forward capital works program.

LINK TO CORPORATE PLAN

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

Bridge Recommendations

Bridge 7 Black Mountain Road

Based on the inspection and load assessment results it is recommended that load limit of 10t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. Due to the advance deterioration of the timber girders consideration should be given to replacing the bridge superstructure because the stringers are believed to be nearing their design life. A suitable form of replacement may be made through the use of concrete deck planks.

Flaggy Creek Mona Mona Road

Based on the inspection and load assessment results it is recommended maintaining a load limit of 8t currently imposed on the bridge bearing in mind that the load limit is suitable to the deck only. The substructure capacity cannot be determined. Due to the advanced deterioration of the abutments/piers consideration should be given to replacing or reinforcing them. In the meantime, it is recommended a strict monitoring regime be implemented for the substructure in an attempt to observe movement in the abutment prior to a possible collapse.

Chinaman Creek Hales Siding Road

Based on the inspection and load assessment results it is recommended that load limit of 13t be imposed to the bridge. This load limit corresponds to the small truck with closely spaced axles and the load limit for the longer trucks is higher. Therefore, consideration should be given to imposing axle load limit than vehicle load limit which may be less restrictive. Due to the advance deterioration of the timber stringers consideration should be given to replacing the bridge superstructure because the stringers are believed to be nearing their design life.

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infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community.

CONSULTATION

Internal Director Infrastructure Services Infrastructure Services staff External Pitt & Sherry (Operations) Pty Ltd GHD - Principal Structural Engineer

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Included in 2015/2016 budget Operating Included in 2014/2015 budget Is the expenditure noted above included in the 2015/2016 budget?

Yes

If not you must recommend how the budget can be amended to accommodate the expenditure Nil

IMPLEMENTATION/COMMUNICATION

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

ATTACHMENTS

Nil Date Prepared: 07 September 2015

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WATER & WASTE

ITEM-18 INFRASTRUCTURE SERVICES - WATER AND WASTEWATER GROUP - MONTHLY OPERATIONS REPORT - AUGUST 2015

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT 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 Water and Wastewater activities undertaken by the Infrastructure Services Department during the month of August 2015.

OFFICER'S RECOMMENDATION

"That Council receive and note the August 2015 Monthly Water and Wastewater Report."

LINK TO CORPORATE PLAN

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

Kuranda Water Reservoir - construction works completion expected by 18 September 2015 with commissioning to follow on 21 September.

Mareeba STP Refurbishment Design and Construct Tender issued.

Mareeba STP Critical Infrastructure Upgrade - Rising Main and new Inlet Works projects issued for tender.

2. Environmental Monitoring - Treatment

Mareeba STP non-compliant. Exceeded the Ammonia maximum limit.

Kuranda STP remains compliant with licence conditions.

A high volume of waste sludge accumulating in the sludge lagoons at Kuranda STP was removed for disposal. There was a risk that high phosphorous levels in the supernatant return to the bioreactor could release and there be potential for licence exceedance. Council officers are applying for grant funding to upgrade the sludge processing system at the Plant. There are financial operating costs associated with the removal of the high volume of waste sludge that could impact on the 2015/2016 operating budget for the site.

Page 340: Council Meeting Agenda 16 September 2015

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3. Budget - Water

Graphical - Revenue

Graphical – Expense

* Depreciation costs are now part of the operational expense

-500,000.000.00

500,000.001,000,000.001,500,000.002,000,000.002,500,000.003,000,000.00

MSC Water Income to Month of August

Annual Budget YTD Budget YTD Actual

0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

2,500,000.00

3,000,000.00

WaterTreatment Plant

Op/Mtce

WaterReticulation

Op/Mtce

WaterDepreciation

Water NCPAdmin Charges

MSC Water Expense to Month of August

Annual Budget YTD Budget YTD Actual

Page 341: Council Meeting Agenda 16 September 2015

Mareeba Shire Council - Agenda Wednesday 16 September 2015

Page 341

4. Budget - Wastewater

Graphical - Revenue

Graphical – Expense

* Depreciation costs are now part of the operational expense 5. Chlorine Residual Readings

-500,000.000.00

500,000.001,000,000.001,500,000.002,000,000.002,500,000.003,000,000.003,500,000.004,000,000.004,500,000.00

Wastewater Rates WastewaterInterest Earned

Const Wks

Wastewater NCPInternal Revenue

Wastewater NCPCommunity Service

Obligation

Wastewater 3rdParty Works

Wastewater SundryIncome

MSC Wastewater Income to Month of August

Annual Budget YTD Budget YTD Actual

0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

WastewaterTreatment Plant

Op/Mtce

WastewaterReticulation

Op/Mtce

WastewaterDepreciation

Wastewater NCPAdmin Charges

MSC Wastewater Expense to Month of August

Annual Budget YTD Budget YTD Actual

Chlorine Residual Readings 2015Australian Drinking Water Guidelines Maximum 5mg/L

August 2015 Mon 3rd Wed 5th Fri 7th Mon 10th Wed 12th Fri 14th Mon 17th Wed 19th Fri 21st Mon 24th Wed 26th Fri 28th Mon 31st

Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L) Free Cl (mg/L)

Mareeba Rankine St 1.31 1.07 1.22 1.30 1.07 1.02 1.18 1.22 1.23 1.28 1.07 1.17 1.26

Wylandra Drive Mareeba 0.97 1.03 0.93 0.95 0.98 0.88 1.04 0.84 0.85 0.87 0.80 0.80 0.88

Gregory Terrace Kuranda 0.69 0.66 1.02 0.99 0.86 0.88 0.90 1.02 0.95 0.90 0.89 0.86 0.83

Mason Rd PS Kuranda 1.04 1.01 1.06 1.01 1.02 0.88 0.80 0.78 0.77 0.68 0.51 0.81 0.76

Chillagoe 0.72 0.88 0.70 0.75 0.69 0.71 0.56 0.54 0.49 0.64 0.61 0.63 0.70

Dimbulah 1.49 1.40 1.24 1.35 1.32 1.19 1.25 1.01 0.90 0.89 1.22 1.01 1.48

Page 342: Council Meeting Agenda 16 September 2015

Mareeba Shire Council - Agenda Wednesday 16 September 2015

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6. Mareeba Water Supply Scheme – Operations Data

7. Kuranda Water Supply Scheme - Operations Data

0

100

200

300

400

500

0

2,000

4,000

6,000

8,000

10,000

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Mareeba WTP - Average Daily Production 2015

Average DailyProduction(kL per Day)

Rainfall (mm)

0

100

200

300

400

500

0

500

1,000

1,500

2,000

2,500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Mareeba WTP - Average Daily Consumption by Connection2015

Average DailyConsumption perConnection(L per Day)

Rainfall (mm)

0

100

200

300

400

500

600

700

0

250

500

750

1,000

1,250

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Kuranda WTP - Average Daily Production2015

Average DailyProduction(kL per Day)

Rainfall (mm)

Page 343: Council Meeting Agenda 16 September 2015

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8. Mount Molloy Water Supply Scheme - Operations Data

0

100

200

300

400

500

600

700

0

250

500

750

1,000

1,250

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Lit

res/D

ay/C

on

necti

on

Kuranda WTP - Average Daily Consumption by Connection2015

Average DailyConsumption perConnection (L perDay)

Rainfall (mm)

0

100

200

300

400

500

0

25

50

75

100

125

Ja

n

Fe

b

Ma

r

Apr

Ma

y

Ju

n

Ju

l

Au

g

Se

p

Oct

No

v

De

c

Rain

fall (

mm

)

Kil

oli

tre

s/D

ay

Mt Molloy GS - Average Daily Production2015

Average DailyProduction(kL per Day)

Rainfall (mm)

0

100

200

300

400

500

0

150

300

450

600

750

Ja

n

Fe

b

Ma

r

Ap

r

Ma

y

Ju

n

Ju

l

Au

g

Se

p

Oct

No

v

De

c

Ra

infa

ll (

mm

)

Lit

res/D

ay/C

on

ne

cti

on

Mt Molloy GS - Average Daily Consumption by Connection2015

Average DailyConsumption perConnection(L per Day)

Rainfall (mm)

Page 344: Council Meeting Agenda 16 September 2015

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Page 344

9. Dimbulah Water Supply Scheme - Operations Data

10. Chillagoe Water Supply Scheme - Operations Data

0

50

100

150

200

250

0

100

200

300

400

500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Dimbulah WTP - Average Daily Production2015

Average DailyProduction(kL per Day)

Rainfall (mm)

0

50

100

150

200

250

0

250

500

750

1,000

1,250

1,500

1,750

2,000

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Dimbulah WTP - Average Daily Consumption by Connection2015

Average DailyConsumption perConnection (L perDay)

Rainfall (mm)

0

100

200

300

400

500

0

50

100

150

200

250

300

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Chillagoe BF - Average Daily Production2015

Average DailyProduction(kL per Day)

Rainfall (mm)

Page 345: Council Meeting Agenda 16 September 2015

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Page 345

11. Mareeba Wastewater Treatment Plant - Operations Data

0

100

200

300

400

500

0

500

1,000

1,500

2,000

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Ra

infa

ll (

mm

)

Lit

res/D

ay/C

on

necti

on

Chillagoe BF - Average Daily Consumption by Connection2015

Average DailyConsumption perConnection(L per Day)

Rainfall (mm)

0

60

120

180

240

300

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Au

g

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Kilo

litr

es/D

ay

Mareeba STP - Average Daily Inflow2015

Average Daily Inflow(kL per Day)

Rainfall (mm)

0

60

120

180

240

300

0

250

500

750

1,000

1,250

1,500

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Mareeba STP - Average Daily Inflow by Connection2015

Average DailyInflow perConnection(L per Day)

Rainfall (mm)

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Page 346

12. Kuranda Wastewater Treatment Plant - Operations Data

Date Prepared: 3 September 2015

0

150

300

450

600

750

0

250

500

750

1,000

1,250

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Kuranda STP - Average Daily Inflow by Connection2015

Average DailyInflow perConnection(L per Day)

Rainfall (mm)

0

150

300

450

600

750

0

250

500

750

1,000

1,250

Jan

Feb

Ma

r

Apr

Ma

y

Jun

Jul

Aug

Sep

Oct

No

v

De

c

Rain

fall (

mm

)

Lit

res/D

ay/C

on

necti

on

Kuranda STP - Average Daily Inflow by Connection2015

Average DailyInflow perConnection(L per Day)

Rainfall (mm)

Page 347: Council Meeting Agenda 16 September 2015

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Page 347

ITEM-19 INFRASTRUCTURE SERVICES - WASTE OPERATIONS REPORT - AUGUST 2015

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT 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 August 2015.

OFFICER'S RECOMMENDATION

"That Council receive and note the Infrastructure Services, Waste Operations Progress Report, August 2015."

BACKGROUND

The following is a summary of the waste activities undertaken during the month of August 2015. 1. Waste Operations

4,064 vehicles entered Mareeba waste facility (to drop off or pick waste)

520 vehicles deposited waste to Mareeba Landfill (total)

310 Suez vehicles deposited waste to Mareeba Landfill

45 Suez vehicles removed waste from Mareeba WTS to recycling facility in Cairns

161 cubic metres of mulch sold (75 in bulk in bulk sales and 86 in small lots less

than 1 tonne)

7.58 tonnes of recyclable material transported to Cairns MRF (including chemical

drums)

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 August 2015.

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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 Suez facility in Cairns for processing. The following pie charts are separated into waste received as whole units and waste received as accrued tonnage.

4

7

17

10

1 1 2

MAREEBA SHIRE CUSTOMER REQUESTS (Number of Requests)

New Service

Missed Service

Repair/Replace

General Enquiries

Complaints

Request Discontinuation of Service

Recycling Related

19

125

2 23

MAREEBA SHIRE WASTE (Number of Units)

Animals

Batteries

Equivalent Passenger tyres

Car Bodies

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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 Suez recycling plant in Cairns and deposited into the Mareeba landfill.

5. Revenue The income is derived from:

Commercial disposal (predominantly Suez)

Interest earned

Interest on Constrained Works

Recycling (steel, batteries)

Rates

The expenditure is derived from:

Waste administration

193

34 34

501

MAREEBA SHIRE WASTE (Tonnes)

Commercial & Industrial

Building & Demolition

Scrap Metal

Domestic Household Waste

5,568

314

WASTE TO MAREEBA LANDFILL (Tonnes)

Suez Recycling Waste

Mareeba Shire Waste to Landfill(Domestic & Commercial)

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Page 350

Landfill management

Transfer station management

6. Financial Operational Budget Information per budget Section Overall

Graphical – Revenue

Graphical – Expenditure

LINK TO CORPORATE PLAN

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. GOV 3 Undertake a whole of council service level review to establish sustainable operational costs across core local government business and consult with communities.

0

500

1,000

1,500

2,000

MGB Service UnservicedLevy

Scrap -AllMetal

CommercialDisposal

WasteInterest

Interest -Const. Works

Tho

usa

nd

s

MSC Waste Income to Month of August

Annual Budget YTD Budget YTD Actual

0

500

1,000

1,500

2,000

Waste Admin WTS Recyc.Scrap Metal(Fe)

NCP Admin Charges

Tho

usa

nd

s

MSC Waste Expense to Month of August

Annual Budget YTD Budget YTD Actual

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Page 351

CONSULTATION

Internal Director Infrastructure Services Waste Staff External Nil

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

Nil

POLICY IMPLICATIONS

Nil

FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil Operating Nil Is the expenditure noted above included in the 2015/2016 budget?

Yes

IMPLEMENTATION/COMMUNICATION

Nil

ATTACHMENTS

Nil Date Prepared: 3 September 2015

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CHIEF EXECUTIVE OFFICER

ORGANISATIONAL DEVELOPMENT

ITEM-20 CHRISTMAS SHUTDOWN AND OFFICE CLOSURE FOR STAFF FUNCTION

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 16 September 2015

REPORT OFFICER’S TITLE: CEO DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

This report is presented to Council to confirm the Christmas/New Year shutdown period for 2015/16 and amend the meeting schedule for 2016 to remove the meeting on 7 January 2016. Further, authorisation is sought to close service centres for a staff meeting.

OFFICER'S RECOMMENDATION

"That Council: 1. Endorse the 2015/16 Christmas/New Year closure from midday on Thursday 24

December 2015 and reopen Monday 4 January 2016; 2. Hold only one (1) Ordinary Council Meeting in the month of January 2016 on Wednesday

20 January 2016; 3. Approve the early closure of service centres from 2pm on Friday 18 December 2015 for a

staff meeting."

BACKGROUND

Council service centres are open to the public throughout the whole of the year, excluding public holidays. The two (2) service centres are Mareeba (65 Rankin Street) and Kuranda (4-12 Thoree Street). For the 2015/16 Christmas/New Year period, gazetted public holidays fall on Friday 25 December, Monday 28 December and Friday 1 January. It is recommended that closure of the administration centres be effective from midday on Thursday 24 December 2015 and reopen Monday 4 January 2016. 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.

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As a result of the Christmas/New Year closures, it is recommended that the Ordinary Council meeting scheduled for 6 January 2016 be cancelled. As the end of the second year of Mareeba Shire Council operations comes to a close, staff ought to be acknowledged for their tremendous efforts and as a token of appreciation, management would like to take this opportunity to thank staff for their dedication and hard work throughout this period. The management team have worked very closely with staff to maintain a positive culture and are recommending that service centres close at 2pm on Friday 18 December to allow all staff to attend an end of year staff function at the Mareeba Amenities Hall. The reason for a 2pm closure is that the majority of outdoor staff finish work at 3pm and by commencing at 2pm we can ensure the staff attend this important meeting at which the Mayor and CEO can address the staff. Councils after hours service will operate during the afternoon and staff will be available to deal with critical and emergency issues.

LINK TO CORPORATE PLAN

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 EMT External Nil

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

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

FINANCIAL & RESOURCE IMPLICATIONS

Nil

IMPLEMENTATION/COMMUNICATION

Communications will be provided both internally and externally advising of the closure period for Christmas/New Year and also the cancellation of the 6 January Council meeting.

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ATTACHMENTS

Nil Date Prepared: 21 August 2015

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BUSINESS WITHOUT NOTICE

NEXT MEETING OF COUNCIL

The next meeting of Council will be held at 9:00 am on Wednesday 7 October 2015

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FOR INFORMATION - SUMMARY OF NEW PLANNING APPLICATIONS & DELEGATED DECISIONS - AUGUST 2015

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APPENDIX - CONFIDENTIAL ITEMS