general meeting of council - central highlands …...2008/04/07 · central highlands regional...

General Meeting of Council

MINUTES

Meeting held in the Central Highlands Regional Council Chambers

Monday 7th April 2008

Commenced at 9.03am

CENTRAL HIGHLANDS REGIONAL COUNCIL GENERAL MEETING OF COUNCIL

MONDAY 7 APRIL 2008 MINUTES CONTENTS

PRESENT ......................................................................................................................................................................... 2

OPENING PRAYER .......................................................................................................................................................... 2

APOLOGIES ..................................................................................................................................................................... 2

LEAVE OF ABSENCE ...................................................................................................................................................... 2

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ......................................................................................... 2

Central Highlands Regional Council – Post Election (Statutory) Meeting of Council: 31 March 2008 ......................... 2

Business Arising out of Minutes ................................................................................................................................. 2

MATERIAL PERSONAL INTEREST, GIFTS & BENEFITS ............................................................................................ 2

COMMITTEE RECOMMENDATIONS/NOTES ................................................................................................................ 2

CIVIL OPERATIONS SEGMENT ..................................................................................................................................... 3

Renewal of Term Lease ................................................................................................................................................ 3

COMMERCIAL SERVICES SEGMENT ........................................................................................................................... 3

Sale of Caterpillar 140VHP Grader - Tender No T04-2007-08 ..................................................................................... 3

Sale of Mack Truck - Tender No T05-2007-08 .............................................................................................................. 3

ENVIRONMENT & PLANNING SEGMENT ..................................................................................................................... 4

D030/08 – Glen Glee Pty Ltd – Codenwarra Road, Emerald - MCU ............................................................................ 4

D303/06 – Pilot Farm Holdings Pty Ltd – Pilot Farm Road/Gregory Highway, Emerald – MCU & ROL Modification .. 8

D624/06 – Monican Pty Ltd – Richardson Street, Anakie – MCU ERA ...................................................................... 15

D443/07 – Komatsu Australia – Macaulay Road, Emerald – MCU ............................................................................. 28

D496/07 – Craig & Jodie Wade – Big John Road, Emerald – ROL ............................................................................ 44

D625/07 – Pic1 Pty Ltd – 15 & 19 Douglas Street, Emerald – ROL ........................................................................... 48

D055/08 – Emerald Shire Council – 63 Roberts Street, Emerald – ROL .................................................................... 54

D056/08 - Emerald Shire Council – 63 Roberts Street, Emerald – ROL .................................................................... 57

D078/08 – Jennifer C Ashcroft – 19 Louisa Court, Emerald – ROL ............................................................................ 61

D098/06 – Jim Fabish – 49 White Street, Emerald – ROL MOD ................................................................................ 65

D700/07 – Wes Daniells Builder – 34 Brokenwood Street, Emerald – Dual Occupancy ............................................ 69

D037/08 – Harmers Electrical – 103 Borilla Street, Emerald – Home Occupation ..................................................... 71

D063/08 – Toni Marie Hema – 4 Joel Ernest Drive, Emerald – Home Occupation .................................................... 72

D087/08 – Viola Wilhlem – 45 Mayfair Drive, Emerald – Home Occupation .............................................................. 74

Planning Scheme Amendments .................................................................................................................................. 75

GOVERNANCE & COMMUNITY SERVICES SEGMENT ............................................................................................. 90

Fujisawa Sister City Relationship ................................................................................................................................ 90

DECISIONS/INFORMATION OUT OF REPORTS ......................................................................................................... 90

Central Highlands Community Recovery Group Status Report .................................................................................. 90

Corporate Plan ............................................................................................................................................................ 90

CLOSED SESSION – STAFFING MATTERS ................................................................................................................ 91

Into Closed Session ..................................................................................................................................................... 91

Out of Closed Session ................................................................................................................................................. 91

WORKPLACE HEALTH & SAFTEY ............................................................................................................................ 91

GENERAL BUSINESS ................................................................................................................................................... 93

CLOSURE OF MEETING ............................................................................................................................................... 93

MINUTES – GENERAL MEETING – MONDAY 7 APRIL 2008 – PAGE 2

MINUTES – GENERAL MEETING HELD AT 9.03AM MONDAY 7TH APRIL 2008 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL CHAMBERS

PRESENT

Councillors Cr P. Maguire (Mayor). Crs P. Bell AM, D. Brimblecombe, P. Bulger, K. Hayes, P. Haylock, G. Nixon, R. Rolfe, P. Schwarz Officers CEO B. Ottone, I/GM Comm Serv C. Dziewicki, I/GM Corp Services D. Jeacocke, I/GM E&P P. Day, I/GM G&CS P. Brumley, I/AGM CO A. Bullock, I/AEM – North K. Downey, I/AEM – South A. Shaw, I/AEM – East D. Carroll.

OPENING PRAYER

Rev Russell Reynoldson (Uniting Church) delivered the opening prayer.

APOLOGIES

Nil.

LEAVE OF ABSENCE

Nil.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

Resolution: Cr Bell moved Cr Haylock seconded ‘That minutes from the four former Councils Pages 2-87 be received and that items listed in those minutes for budget and other considerations be further considered by Council.’

Carried Central Highlands Regional Council – Post Election (Statutory) Meeting of Council: 31 March 2008 Resolution: Cr Haylock moved and Cr Hayes seconded ‘That the minutes of the above meeting, as printed and circulated to members, be adopted.’ Carried Business Arising out of Minutes Resolution: Cr Rolfe moved and Cr Bell seconded ‘That Crs Nixon, Bulger and Schwarz be authorised to attend the Australian Local Government Women’s Association Conference in Moranbah 30, 31 July & 1 August 2008. Carried MATERIAL PERSONAL INTEREST, GIFTS & BENEFITS Nil.

COMMITTEE RECOMMENDATIONS/NOTES

Nil.


CIVIL OPERATIONS SEGMENT Renewal of Term Lease Resolution: Cr Brimblecombe moved and Cr Bulger seconded ‘That Council has no objection to the renewal of term lease 0/214881 over Camping and Water Reserve R29 on Lot 2 CP881474.’

Carried Acceptance of the Interim Acting General Manager – Civil Operations’ Report Resolution: Cr Haylock moved and Cr Nixon seconded ‘That the Interim Acting General Manager – Civil Operations’ Report be received.’ Carried

COMMERCIAL SERVICES SEGMENT Sale of Caterpillar 140VHP Grader - Tender No T04-2007-08 Resolution: Cr Rolfe moved and Cr Haylock seconded ‘That Council accepts the offer for the sale of Caterpillar 140VHP Grader (Unit 111) to TJ & JE Campbell Pty Ltd for the amount of $153,000 plus GST.’

Carried Sale of Mack Truck - Tender No T05-2007-08 Resolution: Cr Nixon moved and Cr Bulger seconded ‘That Council accepts the offer for the sale of Mack Truck (Unit No 503) to Colin Bell for the amount of $20,110.00 plus GST.’ Carried Acceptance of the Interim General Manager – Commercial Services’ Report Resolution: Cr Brimblecombe moved and Cr Schwarz seconded ‘That the Interim General Manager – Commercial Services’ Report be received.’ Carried

Attendance MSP Alexis Aylward and MDS Luke Lankowski entered the meeting at 9.23am.


ENVIRONMENT & PLANNING SEGMENT 80. DEVELOPMENT MATTERS 80.1 DEVELOPMENT APPLICATIONS Central Highlands Regional Council (Central) ITEM 80.1.1 D030/08 – Glen Glee Pty Ltd – Codenwarra Road, Emerald - MCU PLANNING REPORT (Full Council) Application No: D030/08 Applicant: Glen Glee Pty Ltd Owner: Glen Glee Pty Ltd Site Address: Codenwarra Road, Emerald Real Property Description: Lot 35 on E21617, Parish of Selma Applicable Planning Scheme: Superseded Planning Scheme Superseded Zone: Rural Residential Superseded Strategic Plan: Prime Rural and Transition Area 2 Proposal: To establish Heavy Vehicle Parking Approval Type: Development Permit Development Type: Material Change of use Level of Assessment: Code Assessment Referral Agencies: Department of Main Roads (DMR) – Concurrence Agency Submissions: Not Applicable Resolution: Cr Bell moved and Cr Hayes seconded “That the applicant, Glen Glee Pty Ltd, be advised that the application for a Development Permit for Material Change of Use to establish a Heavy Vehicle Depot upon land described as part of Lot 35 on E21617, Parish of Selma, situated at Codenwarra Road, Emerald is approved, subject to the following conditions:


ASSESSMENT MANAGER CONDITIONS 1. Central Highlands Regional Council General 1) The proposed development shall comply with the approved Plan of Development, being TP-

D030/08, except as specified by any condition of this approval. 2) Any existing structures and materials on the site shall be rationalised to comply with the approved

Plan of Development, being TP D030/08, except as specified by any condition of this approval. Amenity 3) Unless otherwise approved in writing by the Chief Executive Officer, no construction work that

makes or causes audible noise shall be carried out on site: i) On a Sunday or Public Holiday at any time; nor, ii) On a Business Day or Saturday before 6:30 am or after 6:30 pm.

4) Hours of operation, including movement of vehicles to and from the site and any minor repairs are

to be Monday to Friday 7 am to 6 pm. These activities shall not be undertaken on weekends or public holidays.

5) Any repairs, servicing and cleaning of vehicles are to be of a minor nature and cannot immobilize a

vehicle for a period longer than two (2) hours. 6) Storage areas, including the placement of onsite storage containers are to be generally in

accordance with the proposed site plan, unless varied by other conditions of approval. 7) All storage areas are to be located to the property side of the vegetated earthmound. 8) Loose items such as tyres, metal pipes, spare parts and scrap metal (excluding earthmoving

machinery) are to be stored below the height of the fence, so as not to be visible from surrounding properties or roads.

9) The existing vegetated earthmound shall be extended to a minimum width of 2 m and height of 1 m

and constructed inside the northern, eastern and southern perimeters of the storage area as shown on the approved plan.

Plantings along the earth mound are to be at closely spaced intervals to provide a dense screen of vegetation. All plants are to be at a minimum height of 0.5 m at time of planting and shall grow at maturity to a height of 2 m.

10) Plant species that provide screening to a height of 2 m are to be planted on the western (residential)

side of the existing 1.8 m high chain wire fence with green shade cloth. 11) The only permanent building structure in the storage area shall be a shed as shown on the

proposed site plan. This shed shall be of a domestic design and scale and sited on the property side of the vegetated earthmound.

12) The use may be conducted on the site for a maximum of three (3) years subject to annual

inspections to ensure compliance with the conditions of approval contained herein. 13) A landscaping plan, including irrigation details and schedule of plants shall be submitted for

approval as part of the Operational Works Development Permit. 14) The landscaping shown on the approved plan must be completed and maintained for the duration of

the use.


Engineering Stormwater Management 15) Stormwater drainage shall be as follows:

a. All stormwater discharge shall be to the nominated lawful point of discharge, being Codenwarra Road;

b. The land shall be graded so that it is free draining and does not create ponding on an adjoining lot;

c. The development must not interfere with the natural flow of stormwater, nor cause ponding on any adjoining property; and

d. All stormwater runoff from artificial and roof areas naturally occurring on the site must be collected within the premises and discharged to the Codenwarra Road reserve;

Roadworks Internal 16) The proposed access road to the Heavy Vehicle Parking area is to be fully sealed for the full length

of the access road at a minimum width of 6 m. FURTHER, that the applicant be advised that:- (a) This approval extends only to the Material Change of Use of Premises. A further application will be

required for:

a) Operational Works including, but not limited to, construction of internal roadworks, stormwater drainage and landscaping treatment (including earth mounds); and,

b) Any new construction work, alterations, demolition, or change of class which must be applied for and obtained under the provisions of the Building Act.

(b) Further requirements may exist under, and compliance will be required in accordance with, the

following legislation: (i) Environmental Protection Act; (ii) Regulations & Policies made under the Environmental Protection Act; (iii) Aboriginal Cultural Heritage Act; and, (iv) Any other relevant legislation. (c) Workplace amenities shall be provided in compliance with the Workplace Health and Safety Act and

the Workplace Health and Safety Regulations as administered by the Department of Training and Industrial Relations.

(d) Further requirements may exist under, and compliance will be required in accordance with, the

Health Act and the Health Regulation. Contact should be made with Council’s Environmental Health Officer in this regard.

(e) All refuse storage, removal and disposal are to be in accordance with the Environmental Protection

(Waste Management) Policy 2000 and Council’s Policies, and to the satisfaction of the Environmental Health Officer.

Advisory Notes: (i) The applicant is to be aware that a Development Permit under the Integrated Planning Act 1997

(IPA) to carry out Operational Works where the total cost of the work, whether directly or indirectly and inclusive of GST is $80,000.00 or more, requires the payment of the Building and Construction Industry Portable Long Service Leave Levy.


Council advises that before a Development Permit, authorizing work is issued, Council has a legal obligation to ensure applicants under IPA provide proof of payment of the Portable Long Service Leave Levy and the Workplace Health and Safety fee.

(ii) Under section 23 of the Aboriginal Cultural Heritage Act 2003, a person who carries out an activity

must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual.

The applicant will comply with the cultural heritage duty of care if they are acting in accordance with

gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity.

If following an assessment of the duty of care guidelines the applicant believes cultural heritage may

be harmed by the proposed activity, they should contact the Cultural Heritage Coordination Unit for further advice on (07) 3238 3838 or email: [email protected]

Further information on cultural heritage, together with a copy of the duty of care guidelines and

cultural heritage search forms, may also be obtained from http://www.nrm.qld.gov.au/cultural_heritage/index.html

(iii) Council is unlikely to extend the duration of the land use, being a maximum of three (3) years, given

that the subject land is located within an emerging rural residential area consistent with the Town Zone – Rural Residential Precinct as identified in Council’s IPA Planning Scheme.

CONCURRENCE AGENCY CONDITIONS 1. Department of Main Roads

(Departmental Reference:E53404 830/223 P50195) Refer to Attachment 1 the Department’s response.’ Carried


80.2 DELEGATED APPLICATIONS Former Emerald Shire Council ITEM 80.2.1 D303/06 – Pilot Farm Holdings Pty Ltd – Pilot Farm Road/Gregory Highway, Emerald – MCU & ROL Modification

PLANNING REPORT

(Delegated Decision) Application No: D303/06 Applicant: Pilot Farm Holdings Pty Ltd Owner: Pilot Farm Holdings Pty Ltd Site Address: Corner of Pilot Farm Road and Gregory Highway, Emerald Real Property Description: Part of Lot 29 on RP817499, Parish of Selma Applicable Planning Scheme: Superseded Planning Scheme Transitional Zone: Rural Conservation Transitional Strategic Plan: Prime Rural IPA Planning Scheme: Town Zone; Industrial Precinct Original Proposal: To create four (4) industrial lots for industrial land uses Current Modification: Amend road sealing surface in condition 25 of the Reconfiguration of Lot

component of the approval Development Type: Reconfiguration of a Lot and Material Change of Use Level of Assessment: Impact Assessment Permit Type: Modification of Existing Approval Referral Agencies: Department of Main Roads (DMR) – Concurrence Agency Department of Natural Resources, Mines & Water (DNRM&W) – Third

Party Advice Emerald Airport – Third Party Advice Submissions: Nil Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That the applicant, Pilot Farm Holdings Pty Ltd, be advised that it is confirmed that the application to modify an existing approval for Reconfiguration of a Lot to create four (4) Industrial Lots and Balance Area and Material Change of Use to establish Industrial Uses upon land described as part of Lot 29 on RP817499, Parish of Selma, situated at the corner of Gregory Highway

PILOT FARM

ROAD

GREGORY

HIGHWAY

29RP817499


and Pilot Farm Road, Emerald, is approved by amending condition 3 of the Material Change of Use and conditions 9 and 25 of the Reconfiguration of Lot component:- ASSESSMENT MANAGER CONDITIONS 1. Emerald Shire Council General

1) The proposed development shall comply with the approved plan, being Drawing No. 39805a.dwg, dated 24 March 2007 and prepared by Murray & Associates (QLD) Pty Ltd, except as specified by any condition of this approval. (Amended)

Material Change of Use 2) The development of the subject area shall be in accordance with the Town Zone - Industry

Precinct, and any applicable Overlays and Codes. 3) This approval shall on the 28 May 2011 unless the development herein approved has been

completed. (Amended)

Reconfiguration of a Lot 4) Provision of evidence that all rates and charges are paid on the subject site. 5) The relocation of any services within the subject land to provide independent services to each

proposed lot shall be by the applicant at no cost to Council and evidenced. 6) All public infrastructure, including, but not limited to, stormwater, electricity, telecommunications,

and reticulated water and sewerage that are located within one proposed lot for the benefit of another lot are to be contained within an easement at the developer’s cost.

7) All existing structures on the site shall be relocated and / or demolished pursuant to a Building

Works Development Permit. 8) Plan(s) of survey shall not be signed and sealed until such time as all conditions of this approval

have been carried out and / or bonded to the satisfaction of the Chief Executive Officer. 9) Compliance with the enclosed conditions and submission of a certified Plan of Survey of the

proposal for 28 May 2009, otherwise the approval will lapse. (Amended)

Landscaping 10) The location and schedule of plants and irrigation details shall be shown on a landscaping plan.

This plan shall be submitted and approved by Council prior to commencement of any landscaping works on site.

11) The landscaping shown on the approved landscaping plan shall be completed prior to the

commencement of the use and maintained for the duration of the use. Development Contributions 12) Contribution to Council of an amount of $415,524.00 for water supply headworks to Lots 1 to 4

(inclusive) minus any previous contributions which may have been paid for the subject site. This headworks charge is to be paid and is applicable for a period of twelve (12) months from the date of approval, and thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Water Supply Undertaking Headworks Contributions”.


Advisory Note: There shall be no water connection to Lot 5 at this stage of development. Any future connection of Lot 5 shall be subject to further development approval.

13) Contribution to Council of an amount of $450,864.00 for sewerage headworks to Lots 1 to 4

(inclusive) minus any previous contributions which may have been paid for the subject site. This headworks charge is to be paid and is applicable for a period of twelve (12) months from the date of approval, and thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Sewerage Supply Undertaking Headworks Contributions”.

Advisory Note: There shall be no sewerage connection to Lot 5 at this stage of development.

Any future connection of Lot 5 shall be subject to further development approval. Engineering

Stormwater Management 14) The site shall be drained in accordance with Council’s stormwater drainage provisions to an

approved lawful and practical point of discharge. All runoff from stormwater (including roofwater) naturally falling onto proposed lots and upstream drainage from adjoining road reserves shall be collected within the property boundaries and discharged to the lawful and practical point of discharge, or if stored in on site rainwater tanks, on landscaped areas.

15) The lawful and practical stormwater point of discharge for Lots 1, 3 and 4 shall be the ‘New

Road’ as shown on Drawing No. 39805a.dwg, dated 24 March 2007. (Amended)

16) The lawful and practical stormwater point of discharge for Lot 2 shall be Pilot Farm Road or the

‘New Road’ as shown on Drawing No. 39805a.dwg, dated 24 March 2007. (Amended)

17) Provision shall be made for all necessary stormwater drainage and erosion and sediment control

measures (both internal and external to the subject site) in accordance with Council’s Planning Scheme at the time of making a development application for Operational Work. The requirements may be reviewed by the Executive Manager – Infrastructure and Commercial Services.

18) All proposed lots shall be graded so they are free draining and do not create ponding on any

other adjoining lot. 19) A rear allotment drainage system shall be provided for those lots that do not freely drain toward

the roadway to direct drainage to the lawful and practical point of discharge. This system shall be protected by an easement.

20) All proposed lots without inter-allotment drainage shall be provided with a kerb and channel

adaptor within 1 m of each side boundary. 21) An easement for drainage purposes shall be provided over Lots 3 and 5 that is consistent with

the natural low point of the land between the Gregory Highway and Joseph Drive. This easement shall be provided at no cost to Council (width to be a minimum Q100 overland flow for the whole proposed developed site).

Access 22) Vehicular access to all lots shall only be provided from the ‘New Road’ as shown on Drawing

No. 39805a.dwg, dated 24 March 2007. (Amended)


23) Lot 2 as shown on Drawing No. 39805a.dwg, dated 24 March 2007 and prepared by Murray & Associates (QLD) Pty Ltd, shall be amended to show a minimum 10 m wide access handle that intersects with the ‘New Road’. (Amended)

Advisory Note: Council shall not support vehicular access to individual lots via Pilot Farm Road for this proposed stage of development or any future stages. It is also noted that Council shall not support vehicular access via Joseph Drive to any individual lots resulting from the future development of proposed Lot 5.

Roadworks 24) All new roadworks, including Pilot Farm Road and the Gregory Highway intersection, shall be

constructed in accordance with the plans for ‘Job No. 06221’, Drawing Nos. Sketch 01 to 06 (inclusive) and attached to the Preliminary Engineering Report on the Provision of Public Utility Infrastructure dated November 2006 and prepared by Brandon & Associates, unless otherwise varied by the conditions of this approval.

25) All new roads are to have kerb and channel and be constructed of two coat sprayed bitumen

seal with 30 mm asphalt provided at the intersections for the full extent of the heavy vehicle turn movements together with associated works for the full length of all street frontages in accordance with Council’s Planning Scheme at the time of making a development application for Operational Work. (Amended)

26) The ‘New Road’ as shown on Drawing No. 39805a.dwg, dated 24 March 2007, shall have a

minimum sealed width of 13 m and minimum road reserve width of 25 m. (Amended) Advisory Note: As a consequence of any future development of the land, Council is likely to require that all internal roads servicing the development shall be upgraded to the standard of an industrial collector road as per Council’s Planning Scheme at the time.

Water Supply 27) The Water Network Analysis provided by the applicant for the ultimate development shall be

reviewed and modelled by Council, or its chosen consultant, at the applicant’s expense. 28) A reticulated water supply network shall be provided to the development. Provision shall be

made for services to the boundary of each proposed lot. The water supply layout, including provision for main cocks, enveloper pipe at cross street services and valve and hydrant markers shall be in accordance with design plans approved by Council.

Sewerage Supply 29) The Sewerage Network Analysis provided by the applicant for the ultimate development shall be

reviewed and modelled by Council or its chosen consultant at the applicant’s expense. 30) A reticulated sewerage network shall be provided to the development. A service connection

branch shall be provided to each of the proposed lots. The sewer layout, including connection branches to each proposed lot shall be in accordance with design plans approved by Council.

31) A sewer pump station to service proposed Lots 1 to 4 (inclusive) shall be constructed at the

intersection of Pilot Farm Road and Joseph Drive. Land shall be excised from Lot 5 for the purposes of this public utility at no cost to Council.

There shall be no connection from Lot 5 to the sewer pump station. Any future connection of Lot 5 shall be subject to further development approval.


32) The sewer pump station shall be constructed to: have telemetry, duty/standby pump configuration, and a minimum four (4) hours wet weather flow emergency storage; be compatible with Council’s plant and system; and have a suitable, all weather, sealed access for operation and maintenance.

33) A sewer rising main shall be constructed to connect the sewer pump station with the Black Gully

Sewerage Treatment Plant. The sewer rising main shall be constructed along the southern side of Pilot Farm Road, across the Gregory Highway via an underboring of the Gregory Highway and railway line, across Council owned land to Black Gully Sewerage Treatment Plant. An easement for the sewer rising main shall be provided by Council.

34) A water service shall be provided to the pump station. Potential Impact on Emerald Airport Operations 35) Any future development must comply with State Planning Policy 1/02 (SPP1/02) – Development

in the Vicinity of Certain Airports and Aviation Facilities and the requirements for Public Safety Areas.

36) No land use or activity that would likely attract birds and/or wildlife shall be established and

conducted on the subject area. 37) All lighting shall comply with MOS Pt 139 – Lighting in the Vicinity of Aerodromes. 38) Development shall comply with height restrictions given that the subject area is within the

Obstacle Limitation Surfaces (OLS) for the Emerald Airport. FURTHER, that the applicant be advised that:- (a) This approval extends only to the Reconfiguration of a Lot and Material Change of Use. A further

application will be required for:

(i) Operational Works including, but not limited to, landscaping and civil works to fill and drain the site;

(ii) Any new construction work, alterations, demolition, or change of class which must be applied for and obtained under the provisions of the Building Act; and,

(iii) Any Material Change of Use triggered by a future land use as per the Planning Scheme in force at that time.





Health Act and the Health Regulation. Contact should be made with Council’s Environmental Health Officer in this regard.




(f) Any monetary figures listed in the above conditions are subject to periodic review and Council

reserves the right to review the monetary figures applying twelve (12) months from the issue of approval.

Advisory Notes: i) The applicant is to be aware that a Development Permit under the Integrated Planning Act 1997


Council advises that before a Development Permit, authorizing work is issued, Council has a legal

obligation to ensure applicants under IPA provide proof of payment of the Portable Long Service Leave Levy and the Workplace Health and Safety fee.

ii) Interference with meters and fittings (Local Law 24)

A person must not –

a) Cover over, fence in, lock, hinder access to or otherwise obstruct or obscure a water meter; or,

b) Erect a building or structure over a water meter; or, c) Place any goods or materials near a water meter or permit growth of vegetation near a water

meter. In such a manner as to prevent an authorised person from obtaining practicable and convenient

access to the meter to read it or for any other lawful purpose. iii) Under section 23 of the Aboriginal Cultural Heritage Act 2003, a person who carries out an activity

must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual.

The applicant will comply with the cultural heritage duty of care if they are acting in accordance with

gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity.

If following an assessment of the duty of care guidelines the applicant believes cultural heritage may

be harmed by the proposed activity, they should contact the Cultural Heritage Coordination Unit for further advice on (07) 3238 3838 or email: [email protected]

Further information on cultural heritage, together with a copy of the duty of care guidelines and

cultural heritage search forms, may also be obtained from http://www.nrm.qld.gov.au/cultural_heritage/index.html

CONCURRENCE AGENCY CONDITIONS 1. Department of Main Roads File Number: E46829 830/142 P45166 E44227 P46989 Development Application Number: D303/06 Material Change of Use – Industrial Development & Reconfiguration of Lots Prior to commencing operation of the development, the following conditions are to be satisfied in full: Access to the Gregory Highway Denied


1. Direct allotment access from the proposed development to the State controlled road is not

permitted. All accesses shall be from Pilot Farm Road. Intersection Works Required 2. The intersection of Pilot Farm Road and the Gregory Highway requires upgrade to a Type CHR

Right Turn Treatment, left turn approach lane and left turn departure generally as indicated in Figures 13.60, 13.82 and 13.E3 of Main Roads Road Planning & Design Manual, Chapter 13. In addition to the above requirements, a one (1) metre separation is required between the right turn lane and the opposing through lane.

3. Alternatively the Applicant may choose to enter into an Infrastructure Agreement with Main Roads

and Emerald Shire Council regarding the intersection upgrade. Stormwater 4. The applicant must take measures to ensure there is no increase in stormwater flow from the new

development to the Gregory Highway. All mitigation measures must comply with the Main Roads Drainage Design Manual.

5. Certification from a Registered Professional Engineer Queensland (RPEQ) must be provided to

Main Roads certifying condition four (4) has been complied with. Truncation 6. No permanent structures are to be located within a triangular truncation of the north eastern corner

of lot 2. The truncation is to measure 30 metres west and 60 metres south from the north eastern corner as shown on attached plan.

Approval Time Limitation 7. The above approval and conditions are valid for two (2) years from the date of the decision notice. ______________________________ 14 March 2008 Approved: Phil Brumley Date Acting Chief Executive Officer’ Carried


ITEM 80.2.2 D624/06 – Monican Pty Ltd – Richardson Street, Anakie – MCU ERA

PLANNING REPORT

(Delegated Decision) Application No: D624/06 Applicant: Monican Pty Ltd Owner: Monican Pty Ltd Site Address: Evans Street and Anakie/Sapphire Road, Anakie Real Property Description: Lots 1 and 3 on RP612632 Present Zone: Gemfields Zone: Core Precinct (IPA Planning Scheme reference only) Assessment Zone: Special Development (Town Centre) (Gemfields Development Control Plan) Superseded Strategic Designation: Rural Village Proposal: To establish Environmentally Relevant Activity No. 15a

‘Sewerage Treatment Plant’ Application Type: Material Change of Use Environmentally Relevant Activity (ERA) Level of Assessment: Code Assessable Permit Type: Development Permit Referral Agencies: Department of Main Roads Environmental Protection Agency Submissions: Nil

Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That the applicant, Monican Pty Ltd, be advised that it is confirmed that the application for a Development Permit for a Material Change of Use to establish a Environmentally Relevant Activity No. 15a ‘Sewerage Treatment Plant’ upon land described as Lot 1 and 3


on RP612632, Parish of Anakie, situated on Evans Street and Anakie/Sapphire Road, Anakie, is approved, subject to the following conditions: 1. ASSESSMENT MANAGER CONDITIONS: Emerald Shire Council General 1) The approved development, to establish a Environmentally Relevant Activity No. 15a ‘Sewerage

Treatment Plant’ and the conduct of the approved use, the carrying out of any works on the premises and the construction of any buildings on the premises associated with the development must be generally in accordance with the approved plan numbers TP-D624/06, also identified as hand drawn plan as attached.

Unless otherwise specified in this development permit, the conditions of this permit must be complied with prior to the commencement of the approved use. All cost for work required as a condition of approval is to borne by the applicant, and/or developer and/or owner as agreed between these parties, unless otherwise stipulated in a condition of approval.

2) The development is subject to the amalgamation of Lots 1 and 3 on RP612632 prior to the

commencement of the use. 3) This approval shall lapse at the expiration of four (4) years from the date of the approval taking

effect if the Material Change of Use has not commenced. Landscaping 4) A Landscaping Plan showing the location, and including a list of the species of plants and schedule

of planting to be undertaken within the effluent disposal area, is to be submitted to Council at prior to the commencement of the use.

This plan shall aim to extensively vegetate the effluent disposal area with drought resistance indigenous species local to the area. Upon review of this Council, this plan with any amendments shall become the approved landscaping plan. In addition, the area marked “Landscaped Area” as shown on hand drawn plan TP-D624/06 shall be extended for the full length of Lot 1 on RP612632’s common boundary with Lot 2 on RP612632 to visually screen the Sewerage Treatment Plan from adjacent land uses. This extension shall also be required to be shown on the submitted Landscaping Plan and be extensively landscaped.

5) The landscaping shown on the approved landscaping plan shall be completed prior to the commencement of the use and maintained for the duration of the use.

Fencing and Access 6) A 1.2m high pool fence shall be required to be erected around the entire perimeter of the effluent

disposal area, including the landscaped area. The fence shall include a gate for authorised access. 7) The applicant will be required to erect a sign advises residents of Caravan Park and the general

public that the fenced landscaped area is the designated effluent disposal area with authorised access only.

Plumbing 8) The application shall be required to submit a Plumbing Application for the Sewerage Treatment

Plant. This application shall include an accredited on-site sewerage evaluator report and design certifying that the Sewerage Treatment Plant, including plans of the effluent disposal area, will


adequately function and is appropriate. It is noted that if the accredited evaluator can not certify this existing system, a new system for the development must be designed and submitted to Council.

9) The approved development, including the effluent disposal area, shall be required to comply with

the Plumbing and Drainage Act 2002 and AS1547-2000 as applicable. 10) All effluent disposal areas for the approved development are to be totally contained within the

subject site as per AS1547-2000. 2. CONCURRENCE AGENCY: Department of Main Roads

Ref: E46112 830/148 P46706

The Queensland Department of Main Roads, as Concurrence Agency, has assessed the impact of the proposed development on the State-Controlled Road network. This Department advises that it has no requirements with regard to the subject application.

3. CONCURRENCE AGENCY: Environmental Protection Agency

Ref: EMD2166 Conditions of the development approval

As part of the concurrence agency response the following schedules of development conditions are to be attached to the development approval. The aforementioned description of the environmentally relevant activity (ERA) for which this development approval is issued is simply a restatement of the activity as prescribed in the legislation at the time of issuing this development approval. Where there is any conflict between the above description of the ERA for which this development approval is issued and the conditions as specified in this development approval as to the scale, intensity or manner of carrying out of the ERA, then such conditions prevail to the extent of the inconsistency. This development approval authorises the ERA. It does not authorise environmental harm unless a concurrence agency condition within this development approval explicitly authorises that harm. Where there is no condition or the development approval is silent on a matter, the lack of a condition or silence shall no be construed as authorising harm.

• Schedule A - Activity

• Schedule B - Air

• Schedule C - Water

• Schedule D - Noise

• Schedule E - Waste

• Schedule F - Land

• Schedule G - Community

• Schedule H - Definitions

• Schedule I - Maps / Plans

Schedule A – Activity

Prevent and /or minimise likelihood of environmental harm

(A1-1) In carrying out an ERA to which this approval relates, all reasonable and practicable measures must be taken to prevent and/or to minimise the likelihood of environmental harm being caused.

Maintenance of measures, plant and equipment

(A2-1) The operator of an ERA to which this approval relates must:


a) install all measures, plant and equipment necessary to ensure compliance with the conditions of this approval;

b) maintain such measures, plant and equipment in a proper and efficient condition; and

c) operate such measures, plant and equipment in a proper and efficient manner.

Site based management plan (A3-1) From commencement of an ERA, a Site Based Management Plan (SBMP) must be

implemented. The SBMP must identify all sources of environmental harm, including but not limited to the actual and potential release of all contaminants, the potential impact of these sources and what actions will be taken to prevent the likelihood of environmental harm being caused. The SBMP must also provide for the review and 'continual improvement' in the overall environmental performance of all Environmentally Relevant Activities that are carried out. The site based management plan must address the following matters:

a) environmental commitments - a commitment by senior management to achieve environmental goals;

b) identification of environmental issues and potential impacts; c) control measures for routine operations to minimise likelihood of environmental harm; d) contingency plans and emergency procedures for non-routine situations; e) organisational structure and responsibility; f) effective communication; g) monitoring of the contaminant releases; h) conducting environmental impact assessments; i) staff training; j) record keeping; and, k) periodic review of environmental performance and continual improvement.

(A3-2) The site based management plan must not be implemented or amended in a way that contravenes any condition of this approval.

Records (A4-1) Record, compile and keep all monitoring results required by this document and present this

information to the administering authority when requested, in a specified format. (A4-2) All records required by this approval must be kept for 5 years. Notification (A5-1) Telephone the Environmental Protection Agency Pollution Hotline as soon as practicable after

becoming aware of any release of contaminants not in accordance with the conditions of this approval.

(A5-2) A written notice detailing the following information must be provided to the EPA within 14 days of

any advice provided in accordance with (A7-1): a) the name of the operator, including their approval/registration number; b) the name and telephone number of a designated contact person; c) quantity and substance released; d) vehicle and registration details (if applicable); e) person/s involved; f) the location and time of the release; g) the suspected cause of the release; h) a description of the effects of the release; i) the results of any sampling performed in relation to the release; j) actions taken to mitigate any environmental harm caused by the release; and k) proposed actions to prevent a recurrence of the release.


Monitoring (A6-1) A competent person(s) must conduct any monitoring required by this approval. Equipment calibration (A7-1) All instruments, equipment and measuring devices used for measuring or monitoring in

accordance with any condition of this approval must be calibrated, and appropriately operated and maintained.

Trained / Experienced operator(s) (A8-1) The daily operation of the waste water treatment system and pollution control equipment must be

carried out by a person(s) with appropriate experience and/or qualifications to ensure the effective operation of that treatment system and control equipment.

Spill Kit (A9-1) An appropriate spill kit, personal protective equipment and relevant operator

instructions/emergency procedure guides for the management of wastes and chemicals associated with the ERA must be kept at the site.

(A9-2) Anyone operating under this approval must be trained in the use of the spill kit.

END OF CONDITIONS FOR SCHEDULE A

Schedule B - Air Nuisance (B1-1) Subject to requirement of condition (B1-2), the release of noxious or offensive odour(s) or any

other noxious or offensive airborne contaminant(s) resulting from the mining activity must not cause an environmental nuisance at any sensitive or commercial place.

(B1-2) When requested by the administering authority, odour monitoring must be undertaken within a

reasonable and practicable timeframe nominated by the administering authority to investigate any complaint (which is neither frivolous nor vexatious nor based on mistaken belief in the opinion of the authorised officer) of environmental nuisance at any sensitive or commercial place, and the results must be notified with 14 days to the administering authority following completion of monitoring.

Dust nuisance (B2-1) The release of dust and/or particulate matter resulting from the activity must not cause an

environmental nuisance at any dust sensitive place. (B2-2) Exceeding any of the following levels when measured at any dust sensitive place is an

environmental nuisance for the purposes of condition B2-1. ♦ Dust deposition of 120 milligrams per square metre per day, when monitored in accordance

with Australian Standard AS 3580.10 of 1991; OR, ♦ A concentration of particulate matter with an aerodynamic diameter of less than 10

micrometre (µm) (PM10) suspended in the atmosphere of 150 micrograms per cubic metre over a 24 hour averaging time, at a dust sensitive place downwind of the site, when monitored in accordance with:


o Australian Standard AS 3580.9.6 'Ambient air - Particulate matter - Determination of suspended particulate PM10 high-volume sampler with size-selective inlet - Gravimetric method'; or,

o any alternative method of monitoring PM10 which may be permitted by the 'Air Quality Sampling Manual' as published from time to time by the administering authority.

(B2-3) When requested by the Administering Authority, dust and particulate monitoring must be

undertaken to investigate any complaint of environmental nuisance caused by dust and/or particulate matter, and the results notified within 14 days to the administering authority following completion of monitoring. Monitoring must be carried out at a place(s) relevant to the potentially affected dust sensitive place and at upwind control sites and must include:

a) for a complaint alleging dust nuisance, dust deposition; and, b) for a complaint alleging adverse health effects caused by dust, the concentration per

cubic metre of particulate matter with an aerodynamic diameter of less than 10 micrometre (µm) (PM10) suspended in the atmosphere over a 24hr averaging time.

(B2-4) If monitoring indicates excess of the relevant limits in Condition (B2-3), then the registration

certificate holder must investigate whether the excess is due to emissions of dust from the activity. If the mining activity is found to be the cause of the excess then the environmental authority holder must: a) address the complaint including the use of appropriate dispute resolution if required; and, b) immediately implement dust abatement measures so that emissions of dust from the

activity do not result in further environmental nuisance.

END OF CONDITIONS FOR SCHEDULE B Schedule C - Water Erosion protection measures and sediment controls (C1-1) Prevent the release of sediment to waters or a build up of sediment in any stormwater drain. Release to waters (C2-1) Contaminants must not be released from the site to any waters or the bed and banks of any

waters. Stormwater management (C3-1) There must be no release of stormwater runoff that has been in contact with any contaminants at

the site to any waters, roadside gutter or stormwater drain.

END OF CONDITIONS FOR SCHEDULE C Schedule D - Noise and vibration Noise nuisance (D1-1) Noise from activities must not cause an environmental nuisance at any noise affected premises. (D1-2) All noise from activities must not exceed the levels specified in Schedule D - Table 1 at any noise

affected premises.


Schedule D - Table 1 (Noise limits)

Noise level dB(A)

measured as

Monday to Saturday Sundays and public holidays

7am - 6pm 6pm - 10pm 10pm - 7am 9am - 6pm 6pm - 10pm 10pm - 9am

Noise measured at a 'Noise sensitive place'

LA10, adj, 10 mins B/g + 5 B/g + 5 B/g + 0 B/g + 5 B/g + 5 B/g + 0


Noise measured at a 'Commercial place'



Noise monitoring (D2-1) When requested by the Administering Authority, noise monitoring must be undertaken to

investigate any complaint of noise nuisance, and the results notified within 14 days to the administering authority. Monitoring must include:

a) LA 10, adj, 10 mins b) LA 1, adj, 10 mins c) the level and frequency of occurrence of impulsive or tonal noise; d) atmospheric conditions including wind speed and direction; e) effects due to extraneous factors such as traffic noise; and, f) location, date and time of recording.

(D2-2) The method of measurement and reporting of noise levels must comply with the latest edition of

the Environmental Protection Agency's Noise Measurement Manual.

END OF CONDITIONS FOR SCHEDULE D Schedule E - Waste Waste Composition (E1-1) All regulated waste removed from the site must be removed by a person who holds a current

approval to transport such waste under the provisions of the Environmental Protection Act 1994.

END OF CONDITIONS FOR SCHEDULE E Schedule F - Land Land disposal (F1-1) The only contaminants permitted to be released to land are treated effluent to the areas shown in

Schedule F – Table 3 Discharge locations, in compliance with the limits levels stated in Schedule F- Table 1 contaminant release limits to land and the conditions of this authority.


Schedule F - Table 1 (Contaminant release limits to land)

Release Limit

Quality characteristics Minimum 80th Percentile Median Maximum

5 Day BOD - - - 20 mg/L

Faecal Coliform (FC) - - 1000 cfu/100mL2 -

Suspended Solids - - - 30 mg/L

Electrical Conductivity - - 1600 uS/ cm -

pH 6.5 - - 8.5

Residual Cl2 - - - 1 mg/l

(F1-2) Treated effluent is permitted to be irrigated in accordance with the conditions of this approval via

subsurface irrigation.

(F1-3) The irrigation of effluent must be carried out in a manner such that: a) vegetation is not damaged; b) soil erosion and soil structure damage is avoided; c) there is no surface ponding of effluent; d) percolation of effluent beyond the plant root zone is minimised; e) the capacity of the land to assimilate nitrogen, phosphorus, salts, organic matter as measured by oxygen demand and water is not exceeded; and, f) the quality of groundwater is not adversely affected.

(F1-4) Notices must be prominently displayed on areas undergoing effluent irrigation, warning the public

that the area is irrigated with effluent and not to use or drink the effluent. These notices must be maintained in a visible and legible condition.

(F1-5) When conditions prevent the irrigation of treated effluent to land (such as during or following rain

events), the contaminants must be directed to a wet weather storage or alternative measures must be taken to store/lawfully dispose of effluent (such as wet weather storage or tanking off site to another treatment plant or sewer). A record must be kept of any removal or discharge off site, including destination, transporter, dates and volumes.

(F1-6) Pipelines and fittings associated with the effluent irrigation system must be clearly identified. Lockable valves or removable handles must be fitted to all release pipelines situated in public access areas.

(F1-7) Notwithstanding the quality characteristic limits specified in Schedule F Table 1 – Contaminant release limits to land, releases of effluent must not have any properties nor contain any organisms or other contaminants in concentrations that are capable of causing environmental harm.

(F1-8) Monitoring must be undertaken and records kept of a monitoring program of contaminant releases to the irrigation area at the monitoring points, frequency, and for the parameters specified in Schedule F - Table 2.


Schedule F - Table 2 (Monitoring program)

Monitoring point Quality characteristics Units Frequency

Prior to discharge from sewage treatment plant

(S2) 5 Day BOD mg/L monthly


(S2) Faecal Coliform cfu/100mL2 monthly


(S2) Suspended Solids Mg/L monthly


(S2) Electrical Conductivity uS/ cm monthly


(S2) PH - monthly


(S2) Residual Cl2 mg/L monthly

(F1-9) The following information must be recorded in relation to all sampling:

a) the date on which the sample was taken; b) the time at which the sample was taken; c) the monitoring point at which the sample was taken; d) the measured or estimated daily flow of effluent at the time of sampling; and, e) the results of all monitoring.

Discharge Locations (F2-1) Treated effluent from the sewage treatment plant must only be discharged from the authorised

discharge points, as specified in Schedule F – Table 3 Discharge locations.

Schedule F – Table 3 (Discharge locations)

(F2-2) Effluent must only be dispersed to places that have implemented an Irrigation Management Plan,

which adequately addresses the following: a) efficiency of application; b) control of sodicity in the soil; c) minimisation of degradation of soil structure; d) control of build ups of nutrients and heavy metals in the soil and subsoil from effluent and other sources; e) preventing impacts on the groundwater resource through infiltration; f) preventing subterranean flows of effluent to waters; g) method of application; and, h) health and safety in relation to effluent handling and irrigation.

Biosolids (F3-1) Biosolids produced by the activity for re-use must be:

a) sampled, analysed, graded and classified according to the procedures specified in the administering authorities systems and standards; and

Authorised Discharge Points

Location

Discharge Point 1 Effluent Irrigation Area


b) re-used under an Environmental Management Program or other Environmentally Relevant Activity with the administering authorities approval.

Provision of treated effluent to other persons

(F4-1) If the responsibility of the treated effluent is given or transferred to another person:

a) the responsibility of such effluent must only be given or transferred in accordance with a written agreement (the third party agreement);

b) include in the third party agreement a commitment from the person utilising the effluent to use effluent in such a way as to prevent environmental harm or public health incidences and specifically make the persons aware of the General Environmental Duty (GED) under section 319 of the Environmental Protection Act 1994, environmental sustainability of any effluent disposal and protection of environmental values of waters; and,

c) upon being notified or otherwise becoming aware that the person’s use of effluent is causing or threatens to cause environmental harm or is posing a human health risk, and if the person does not rectify the situation upon written request, the giving and transferring responsibility for such effluent must cease.

Preventing contaminant release to land (F5-1) Spillage of all chemicals and fuels must be contained within an on-site containment system and

controlled in a manner that prevents environmental harm. NOTE: All petroleum product storage's must be designed, constructed and maintained in accordance with AS 1940 - Storage and Handling of Flammable and Combustible Liquids.

END OF CONDITIONS FOR SCHEDULE F

Schedule G - Community Complaint response (G1-1) The operator of the ERA must record the following details for all complaints received and

provided this information to the administering authority on request: a) time, date, name and contact details of the complainant; b) reasons for the complaint; c) any investigations undertaken; d) conclusions formed; and e) any actions taken.

(G1-2) In consultation with the administering authority, cooperate with and participate in any community

environmental liaison committee established in respect of either the site specifically or the industrial estate where the site is located.

END OF CONDITIONS FOR SCHEDULE G

Schedule H – Definitions

Words and phrases used throughout this licence or development approval are defined below: Where a definition for a term used in this approval is sought and the term is not defined within this approval the definitions provided in the Environmental Protection Act 1994, its regulations, and Environmental Protection Policies shall be used. Word Definitions

"administering authority" means the Environmental Protection Agency or its successor.

"you" means the holder of this Environmental Authority or owner / occupier of the land which is the subject of this Development Approval.


"site" means the place to which this environmental authority relates or the premises to which this development approval relates.

"authorised place" means the place authorised under this environmental authority/development approval for the carrying out of the specified environmentally relevant activities.

"this authority" means this environmental authority/development approval.

"authority" means level 1 licence (without development approval), or level 1 approval (without development approval), or level 2 approval (without development approval) under the Environmental Protection Act 1994.

"approval" means 'notice of development application decision' or 'notice of concurrence agency response' under the Integrated Planning Act 1997

"dust sensitive place" means -

- a dwelling, mobile home or caravan park, residential marina or other residential place;

- a motel, hotel or hostel;

- a kindergarten, school, university or other educational institution;

- a medical centre or hospital;

- a protected area;

- a park or gardens; or

- a place used as an office or for business or commercial purposes.

and includes the curtilage of any such place.

"odour sensitive place" has the same meaning as a "dust sensitive place"

"dwelling" means any of the following structures or vehicles that is principally used as a residence-

- a house, unit, motel, nursing home or other building or part of a building;

- a caravan, mobile home or other vehicle or structure on land;

- a water craft in a marina.

"noxious" means harmful or injurious to health or physical well being.

"offensive" means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or repulsive.

"nuisance sensitive place" includes -

- a dwelling, residential allotment, mobile home or caravan park, residential marina or other residential premises; or

- a motel, hotel or hostel; or

- a kindergarten, school, university or other educational institution; or

- a medical centre or hospital; or

- a protected area under the Nature Conservation Act 1992, the Marine Parks Act

1992 or a World Heritage Area; or

- a public thoroughfare, park or gardens; or

- a place used as a workplace, an office or for business or commercial purposes.

and includes a place within the curtilage of such a place reasonably used by persons

at that place.

"LA 10, adj, 10 mins" means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness of the sound) exceeded for 10% of any 10 minute measurement period, using Fast response.

"LA 1, adj, 10 mins" means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness of the sound) exceeded for 1% of any 10 minute measurement period, using Fast response


"LA, max adj, T" means the average maximum A-weighted sound pressure level, adjusted for noise character and measured over any 10 minute period, using Fast response.

"noise affected premises" means a "noise sensitive place" or a "commercial place"

"noise sensitive place" means -

- a dwelling, mobile home or caravan park, residential marina or other residential

premises; or

- a motel, hotel or hostel; or

- a kindergarten, school, university or other educational institution; or

- a medical centre or hospital; or

- a protected area; or

- a park or gardens.

and includes the curtilage of such place.

"commercial place" means a place used as an office or for business or commercial purposes.

"intrusive noise" means noise that, because of its frequency, duration, level, tonal characteristics, impulsiveness or vibration -

- is clearly audible to, or can be felt by, an individual; and

- annoys the individual.

In determining whether a noise annoys an individual and is unreasonably intrusive, regard must be given to Australian Standard 1055.2 - 1997 Acoustics - Description and Measurement of Environmental Noise Part 2 - Application to Specific Situations.

"protected area" means -

- a protected area under the Nature Conservation Act 1992; or

- a marine park under the Marine Parks Act 1992; or

- a World Heritage Area.

"waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part-thereof.

"50th percentile" means not more than three (3) of the measured values of the quality characteristic are to exceed the stated release limit for any six (6) consecutive samples for a release/monitoring point at any time during the environmental activity(ies) works.

"80th percentile" means not more than one (1) of the measured values of the quality characteristic is to exceed the stated release limit for any five (5) consecutive samples for a sampling point at any time during the environmental activity(ies) works

"dredge spoil" means material taken from the bed or banks of waters by using dredging equipment or other equipment designed for use in extraction of earthen material.

"land" in the "land schedule" of this document means land excluding waters and the atmosphere.

"mg/L" means milligrams per litre.

"NTU" means nephelometric turbidity units

"regulated waste" means non-domestic waste mentioned in Schedule 7 of the Environmental Protection Regulation 1998 (whether or not it has been treated or immobilised), and includes:

- for an element - any chemical compound containing the element; and

- anything that has contained the waste.

"licensed vehicle" means a vehicle authorised to be used under the licence to transport regulated waste.


"registered vehicle" means "licensed vehicle"

"clinical waste" means waste that has the potential to cause disease including, for example, the following:

- animal waste;

- discarded sharps;

- human tissue waste;

- laboratory waste.

"infectious waste" means "clinical waste"

"vibration sensitive place" means a noise sensitive place or a commercial place.

"annual return" means the return required by the annual notice (under section 316 of the Environment Protection Act, 1994) for the section 86(2) licence that applies to the development approval.

END OF DEFINITIONS FOR SCHEDULE H

Schedule I - Maps / Plans

END OF CONDITIONS FOR SCHEDULE I

END OF CONCURRENCE AGENCY RESPONSE FURTHER, that the applicant be advised that:- (a) This approval extends only to the Material Change of Use and Environmentally Relevant Activity set

out above. A further application will be required for any new construction work, alterations, demolition, or change of class which must be applied for and obtained under the provisions of the Building Act and the Plumbing and Drainage Act.

(b) Further requirements may exist under and compliance will be required in accordance with the following legislation as administered by the Environmental Protection Agency:-

(i) Environmental Protection Act; (ii) Regulations & Policies made under the Environmental Protection Act; (iii) Aboriginal Cultural Heritage Act; and, (iv) Any other relevant legislation.

(c) Workplace amenities shall be provided in compliance with the Workplace Health and Safety Act and



Health Act and Health Regulations. Contact should be made with Council’s Environmental Health Officer in this regard.



Advisory Notes: 1) The Applicant is to be aware that a Development Permit under the Integrated Planning Act 1997

(IPA) to carry out Operational Works where the total cost of the work, whether directly or indirectly


and inclusive of GST is $80,000.00 or more, requires the payment of the Building and Construction Industry Portable Long Service Leave Levy.

Council advises that before a Development Permit, authorising work is issued, Council has a legal obligation to ensure applicants under IPA provide proof of payment of the Portable Long Service Leave Levy and the Workplace Health and Safety fee.

2) Interference with meters and fittings (Local Law 24)

A person must not – a) Cover over, fence in, lock, hinder access to or otherwise obstruct or obscure a water

meter; or b) Erect a building or structure over a water meter; or c) Place any goods or materials near a water meter or permit growth of vegetation near

a water meter. In such a manner as to prevent an authorized person from obtaining practicable and convenient access

to the meter to read it or for any other lawful purpose.

______________________________ 5 March 2008 Approved: James Durmisov Date Executive Manager Environment and Development’

Carried ITEM 80.2.3 D443/07 – Komatsu Australia – Macaulay Road, Emerald – MCU PLANNING REPORT (Delegated Decision)

Application No. D443/07 Applicant: Komatsu Australia Owner: Shelda Pty Ltd and DC & SM Mattingley Family Trust Site Address: Macaulay Access Road, Emerald Real Property Description: Part of Lot 68 on SP174989 (ie, area within Lease A 7071377B9 only) Zone: Town Zone (Industrial Precinct) Proposal: Warehouse, Low Impact Industry & ERA No. 28 – Motor Vehicle

Workshop Permit Type: Development Permit Application Type: Material Change of Use Level of Assessment: Code Assessment Referral Agencies: Council’s Environmental Health Section (concurrence) and

Department of Main Roads (concurrence) and Environmental Protection Agency’s Contaminated Land Unit (Third Party Advice).

Submissions: N/A


Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that the applicant, Komatsu Australia, be advised that the application for a Material Change of Use development permit to establish a Warehouse, Low Impact Industry and Environmentally Relevant Activity No. 28 – Motor Vehicle Workshop, upon land bound by Lease A 7071377B9 (within Lot 68 on SP174989), in the Parish of Selma, situated at Macaulay Access Road Emerald, is approved subject to the following conditions:

ASSESSMENT MANAGER : EMERALD SHIRE COUNCIL

Development In Accordance With Plans

1) The applicant must submit amended plans, that are generally in accordance with the plans listed in the

following table, showing the following modifications:

Title Drawing No. Drawn By Dated Lot 2 on Registered Plan 849457 (site layout plan included in Appendix A of the application).

Nil provided Not stated Undated

Administration / Warehouse Nil provided GJ Brandon & Associates Pty Ltd

April 97

Open Bulk Storage Nil provided GJ Brandon & Associates Pty Ltd

April 97

General Storage Nil provided GJ Brandon & Associates Pty Ltd

April 97

Ammonium Nitrate & Urea Storage

Nil provided GJ Brandon & Associates Pty Ltd

April 97

Site Layout Plan a) amend the title to read ‘Site Layout Plan’ and include a date and drawing number;

b) amend the location and dimensions of all existing on-site buildings so that they accurately reflect the

‘as constructed’ scenario relative to accurate boundaries of Lease A 7071377B9. For example, correctly illustrate setbacks of buildings from one another and to all of Lease A’s boundaries and ensure all shed dimensions are correct;

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c) amended the driveway and vehicle crossover design on the site’s Macaulay Access Road frontage, so that dimensions comply with ‘minimum design requirements for an access driveway on a minor road catering for medium and small rigid vehicles’ as detailed in Australian Standard 2890.2 – 2002 Off Street Commercial Vehicle Facilities;

d) include a driveway and vehicle crossover on the site’s proposed Cam Street frontage, with

dimensions that comply with ‘minimum design requirements for an access driveway on a minor road catering for HRV’s and AV’s’ as detailed in Australian Standard 2890.2 – 2002 Off Street Commercial Vehicle Facilities;

e) show any amended layout of the existing landscape bed along the site’s Macaulay Street frontage

that is a consequence of complying with (c) above (note, the landscape bed along the Macaulay Access Road frontage must have a minimum width of one (1) metre within Lease A’s boundary);

f) show a landscape bed (having a minimum width of one (1) metre) along the site’s proposed Cam

Street frontage (excluding the area required for driveway access). Note, the landscape bed must be located wholly within the subject site;

g) show a minimum of four (4) line-marked car parking spaces in the Macaulay Access Road front

setback area that:

(i) comply with ‘User Class 1 and 4’ dimensions detailed in Australian Standard 2890.1:2004 Off Street Car Parking; and

(ii) a B99 vehicle can efficiently manoeuvre into (ie, within a minimum of one movement) upon

having a demonstrated regard to B99 swept paths from the re-designed access driveway); and

(iii) does not include any car parking spaces that have the ability to be ‘parked in’ – unless such a space is to be signed ‘staff only’.

h) The development requires a minimum of eight (8) on-site car parking spaces. The balance number

of car parking spaces that can not be located within the Macaulay Access Road front setback area, in accordance with (g) above, must be located elsewhere within the site and be signed ‘staff car parking’. Such must be located outside the defined manoeuvring areas referred to in (i) below;

i) Show defined internal manoeuvring areas that articulated vehicles will use when entering and exiting

the Cam Street frontage in a forward gear (the internal manoeuvring areas must have a demonstrated regard to vehicle swept paths for an articulated vehicle and associated clearance heights under Australian Standard 2890.2 – 2002: Off Street Commercial Vehicle Facilities;

j) Show the line-marked location of at least one loading bay that is to be used by semi-trailers and

other heavy design vehicles accessing the site from the Cam Street frontage. At least one must have minimum dimensions of 15m x 3.6m and clearance heights for an articulated vehicle that do not conflict with Australian Standard 2890.2 – 2002: Off Street Commercial Vehicle Facilities. Any other elected loading bays must have dimensions that accord with Australian Standard 2890.2 – 2002: Off Street Commercial Vehicle Facilities;

k) Show the line-marked location of a loading bay within the Macaulay Street frontage (to be utilised in

association with Shed 1), that is suitable for a medium rigid vehicle, in accordance with dimensions detailed in Australian Standard 2890.2 – 2002: Off Street Commercial Vehicle Facilities;

l) Clearly show where machinery associated with machinery servicing and repairs, will be stored prior

to being serviced or collected. These area(s) must not interfere with on-site car parking or the manoeuvring of articulated and other service vehicles within the site

m) Remove reference to ‘Ammonium Nitrate & Urea’ in respect to Shed 4 as the storage of these

materials were applicable to the previous lessee only;


Administration / Warehouse n) To enhance clarity and association with the Site Plan, include the term ‘Shed 1’ within the title of the

plan;

o) Show the location of the mezzanine floor area of this shed; Open Bulk Storage p) To enhance clarity and association with the Site Plan, include the term ‘Shed 2’ within the title of the

plan;

General Storage q) To enhance clarity and association with the Site Plan, include the term ‘Shed 3’ within the title of the

plan;

Ammonium Nitrate and Urea Storage r) Rename this plan to accurately reflect the nature of storage to occur within this shed and include the

term ‘Shed 4’ within the title of the plan (note: the storage of Ammonium Nitrate and Urea is not applicable to this application and is not permitted under this approval).

The above plan(s) must be drawn to scale and be submitted to Council and approved by the Manager of Environment & Development, within 30 days of this approval taking affect and prior to the receipt of a Development Permit for any associated Building Works and Operational Works. Such plans, when approved, shall become the endorsed plans forming part of this approval and will be stamped in red and returned to the applicant.

Car Parking, Access and Roads 2) Line-marking of car parking spaces and loading bays within the Macaulay Access Road setback area

and elsewhere within the site must be carried out in accordance with approved plans, within 20 days of the approved plans (referred to in condition 1) being approved.

3) A driveway and vehicle crossover on the site’s Cam Street frontage, shall be constructed in

accordance with dimensions that are applicable to ‘minimum design requirements for an access driveway on a minor road catering for HRV’s and AV’s’ as detailed in Australian Standard 2890.2 – 2002 Off Street Commercial Vehicle Facilities.

Such works must be undertaken in accordance with an Operational Works development permit and

be completed prior to the Low Impact Industry (Environmentally Relevant Activity No 28:- Motor Vehicle Workshop) commencing use, or at the time Cam Street is constructed to the subject site in accordance with Condition 6 of this decision notice.

4) Signage must be erected at the Cam Street entrance, notifying that this entrance is the site’s rear entrance and is to be used exclusively by staff, and heavy vehicles associated with loading / unloading of goods or machinery. Signage must also notify drivers that all vehicles are to enter and exit the site in a forward gear only.

5) All car parking and vehicle manoeuvring areas within the subject site must be sealed with asphaltic

concrete or concrete (or other approved material), line-marked and contoured to be free draining. This work must be completed within 20 days of the plans within Condition 1 being approved and be maintained for the duration of the use.

6) The Low Impact Industry (motor vehicle workshop) component of the application must not commence operation prior to the construction of Cam Street (to at least the subject site) being completed, unless the following occurs:


(i) Council is provided with a written and signed agreement from the registered owner(s) of Lot

68 on SP174989, confirming:

(a) that vehicles associated with this approval have permission to traverse part of Lot 68 on SP174989, for the purposes of accessing and leaving the subject site for a time period not exceeding eighteen (18) months, commencing from the date that the Low Impact Industry commences use on the site; and

(ii) Council is provided with a written and signed agreement from the applicant, confirming:

(a) In the event that Cam Street is not constructed to the subject site in accordance with an

Operational Works approval within eighteen (18) months from the date that the Low Impact Industry commences use on the site, the Low Impact Industry component of the application must cease operation until such time that Cam Street has been constructed (to at least the subject site) in accordance with Council standards and operational works approval; and

(b) It is understood that failure to comply with (ii)(a) above may result in Council

commencing legal proceedings in accordance with the Integrated Planning Act 1997. 7) The part of Macaulay Access Road that adjoins the frontage of the subject site is to be upgraded to

Council’s Industrial Access Street standard, in accordance with an operational works approval and any other relevant approvals required by the Department of Main Roads. Such is required to occur within one (1) year from the date this approval takes affect.

Landscaping Treatment

8) A detailed landscape and fencing plan, shall be submitted to Council, together with a copy of this

decision notice and approved plans referred to in condition 1 of this decision notice. The detailed landscape plan(s) must be submitted to Council as part of any Operational Works application associated with this approval and must show the following:

(i) The location and dimensions of landscape beds along the site’s existing Macaulay Access

Road frontage and the proposed Cam Street frontage (as shown on approved plans); (ii) Indicate the function of planting areas eg. Screen planting or enhancement, feature trees.

Note, At least one function must be to soften the external appearance of the development (especially along the site’s Cam street frontage) and to increase overall streetscape amenity;

(iii) Indicate by way of a list of plantings, the species proposed to be used (note, potentially suitable plant species are listed within Division 8 of Council’s Development Design Code);

(iv) Indicate the number and location of plantings and pot sizes to be used at the time of planting;

(v) Show the general surface treatment of landscaped areas eg. Turf, paving, mulched gardens (note, specification notes on mulching and soil preparation are to be provided where relevant);

(vi) Show the location and type of any fencing proposed to be used to the frontage and boundaries of the site eg. 2m mesh security fence, 1.8m timber batten fence;

(vii) Show the existing and proposed finished ground levels where any retaining wall, or any filling and excavating over 1m is proposed; and

(viii) An underground irrigation system. 9) Plantings must not adversely affect vehicular sight lines and road safety or any underground and

overhead services; 10) All landscape materials, plants, vegetation and watering systems shown on the approved

landscaping plan(s) must be undertaken in accordance with the approved Detailed Landscape


Plans and approval, prior to the machinery servicing / repairs component of the application commencing and be maintained for the duration of the approved uses.

Stormwater 11) A Stormwater Management Plan, shall be submitted to Council, together with a copy of this decision

notice within 60 days of this approval taking affect for approval by Council’s Environment and Development Manager. The Stormwater Management Plan must demonstrate how stormwater drainage is to meet the requirement of the Queensland Urban Drainage Manual (except where modified by Council’s Development Design Code).

Approved Stormwater Management infrastructure must be provided prior to the machinery servicing

/ repairs component of the application commencing and stormwater management must be carried out at all times in accordance with the approved Stormwater Management Plan.

Amenity 12) Service equipment (including air conditioners) and lighting shall be located so as not to cause a

nuisance to the occupants of neighbouring premises. Any air conditioning or ventilation plant shall be located on the ground, unless otherwise approved by the Executive Manager Environment and Development.

13) The storage location for the industrial refuse bin shall have an imperviously paved washdown area,

be provided with a hosecock and be accessible to a commercial waste disposal vehicle. The refuse storage area shall be fully screened when viewed from Macaulay Access Road and Cam Street or any adjoining property.

FURTHER, that the applicant be advised that:- (a) This approval extends only to the Material Change of Use and Environmentally Relevant Activity. A

further application will be required for:

(i) Operational Works including, but not limited to, construction of physical access to allotments, external and internal roadworks, and landscape treatment; and,

(ii) any new construction work, alterations, demolition, or change of class which must be applied for and obtained under the provisions of the Building Act.

(b) Further requirements may exist under, and compliance will be required in accordance with the




Environment Protection Act and the Health Act and Health Regulation. Contact should be made with Council’s Environmental Health Officer in this regard.




Advisory Notes: 1. The applicant is to be aware that a Development Permit under the Integrated Planning Act 1997


Council advises that before a Development Permit authorizing work is issued, Council has a legal


2. Interference with meters and fittings (Local Law 24) A person must not:

a) Cover over, fence in, lock, hinder access to or otherwise obstruct or obscure a water meter; or


meter

In such a manner as to prevent an authorized person from obtaining practicable and convenient access to the meter to read it or for any other lawful purpose.

3. It is confirmed that this development permit approval applies only to that part of Lot 68 on

SP174989 that is currently registered as Lease A 7071377B9. CONCURRENCE AGENCY CONDITIONS 1. Department of Main Roads (Ref: E51867 830/143 48753) The Queensland Department of Main Roads, as Concurrence Agency, has assessed the impact of the

proposed development on the State-Controlled Road network. This Department advises that it has no requirements with regard to the subject application.

2. Emerald Shire Council: Environmental Health Section SCHEDULE A – GENERAL CONDITIONS Compliance with Development approval A1 In carrying out the environmentally relevant activity to which this development approval relates, all

reasonable and practical measures must be utilised to minimise releases and the likelihood of releases of contaminants to the environment, except as otherwise provided by the conditions of this development approval.

A2 The person carrying out the environmentally relevant activity to which this development approval

relates must: (a) install and operate all works and control equipment, and (b) take all measures, perform all acts and do all things,

necessary to ensure compliance with the conditions of this development approval.

Display of development approval A3 A copy of this development approval must be kept in a location readily accessible to personnel

carrying out the activity.


Competency A4 The holder of this development approval shall ensure that all persons engaged in the operation and

maintenance of the activity, including but not limited to employees and contract staff, must be: (a) trained in the procedures and practices necessary to:

(i) comply with the conditions of this development approval, and (ii) prevent environmental harm during normal operation, maintenance and emergencies; or

(b) under the close supervision of such trained person. Alteration A5 No change, replacement or operation of any plant or equipment is permitted if the change,

replacement or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm above that expressly provided by this development approval.

An example of a substantial increase in the risk of environmental harm is an increase of 10% or more in the quantity of the contaminant to be released into the environment.

Install, operate and maintain plant and equipment A6 The environmentally relevant activity is to have such plant and equipment that is necessary to

ensure compliance with the conditions of this development approval.

Such plant and equipment must be (i) maintained in a proper and efficient condition; and (ii) operated in a proper and efficient manner.

In this condition, “plant and equipment” includes:

(i) plant and equipment used to prevent and/or minimise the likelihood of environmental harm

being caused; (ii) devices and structures to contain foreseeable escapes of contaminants and waste; (iii) vehicles used to transport waste; (iv) devices and structures used to store, handle, treat and dispose of waste; (v) monitoring equipment and associated alarms; and (vi) backup systems that act in the event of failure of a primary system.

Calibration A7 All instruments and devices used for the measurement or monitoring of any parameter under any

condition of this development approval must be calibrated and appropriately operated and maintained.

A8 All determinations of the quality of contaminants released to the environment that are required by

this development approval must be undertaken by a person or body possessing appropriate experience and qualifications to perform the required determinations.

Nuisance A9 Notwithstanding any other condition of this development approval, this development approval does

not authorise any release of contaminants which causes or is likely to cause an environmental nuisance beyond the boundaries of the premises.

Compliance with other legislation and standards A10 The storage and handling of flammable and combustible liquids shall be in accordance with

Australian Standard 1940 “The Storage and Handling of Flammable and Combustible Liquids” – 1993 (AS1940 – 1993) or more recent additions or supplements to that document as becomes available.


Compliance with the above Australian Standard includes compliance with any other code, standard or guideline referenced by AS1940 – 1993.

A11 In no way shall it be inferred that any provision of this development approval changes or removes

any provision of the Environmental Protection Act 1994 relative to contaminated land. Light A12 Any visible light released from the environmentally relevant activity to which this development

approval relates must not, in the opinion of an authorised person, cause an environmental nuisance at or beyond the boundary of the premises.

Material safety data sheets A13 Material safety data sheets for all chemicals used and/or stored on the premises must be kept on

site and are readily available for reference by staff. Records A14 Any record or document required to be kept by a condition of this development approval must be

kept for a period of at least five years and be available for examination by an authorised person.

The record retention requirements of this condition will be satisfied if any daily and weekly records are kept for a period of at least three (3) years and these records are then kept in the form of annual summaries after that period.

A15 Copies of any record required to be kept by a condition of this development approval must be

provided to any authorised person or the administering authority on request. Complaint response A16 The following details must be recorded when a complaint is received:

a) time, date, name and contact details of the complainant; b) reasons for the complaint; c) any investigations undertaken; d) conclusions formed; and e) any actions taken.

Notification of contaminant release A17 Any release of contaminants not in accordance with the conditions of this Development Approval

must be reported by telephone to the Administering Authority, Emerald Shire Council. Any such release must be reported as soon as practicable, but no later than 24 hours, after becoming aware of the release.

Information about spills A18 A written notice detailing the following information must be provided to the Administering Authority

within 14 days of any advice provided in accordance with condition A17. a) the name of the operator, including their registration certificate number; b) the name and telephone number of a designated contact person; c) quantity and substance released; d) person/s involved; e) the location and time of the release; f) the suspected cause of the release; g) a description of the effects of the release; h) the results of any sampling performed in relation to the release; i) actions taken to mitigate any environmental harm caused by the release; and j) proposed actions to prevent a recurrence of the release.


Site Based Management Plan A19 Within 6 months of the granting of this Authority, the Holder must develop and

implement a Site Based Management Plan that addresses the management of the environmental impacts of the activities under this Authority that includes:

(i) operating procedures to prevent or minimise environmental harm; (ii) maintenance practices and procedures; (iii) contingency plans to deal with foreseeable risks and hazards including corrective responses to prevent and minimise environmental harm; (iv) emergency procedures; (v) communication of procedures, plans, incidents, potential environmental problems and results; (vi) handling of environmental complaints; (vii) keeping and production of environmental records and reports; (viii) monitoring of the release of contaminants into the environment; (ix) staff training and awareness of environmental issues. A20 The Holder must ensure that the activities at the premises comply with the Site Based

Management Plan.

End of conditions for Schedule A SCHEDULE B - AIR Release of contaminants to the atmosphere B1 In carrying out the environmentally relevant activity to which this development approval relates, all

reasonable and practical measures must be utilised to minimise releases and the likelihood of releases of contaminants to the atmosphere.

Noxious or offensive odour B2 Notwithstanding any other condition of this development approval no release of contaminants from

the environmentally relevant activity is to cause a noxious or offensive odour beyond the boundaries of the premises.

Dust and particulate control B3 Dust or particulate matter that will have or is likely to have an unreasonable adverse effect on people

living in or using the surrounding area shall not be permitted to emanate beyond the boundaries of the licensed place.

B4 The holder of this development approval must undertake all reasonable and practicable measures

to minimise wind-borne dust and particulate emissions to the atmosphere. B5 Any spillage of material onto sealed areas, as a result of delivery or handling, must be cleaned up

without delay into storage bins or other suitable receptacles. Spray painting B6 A noxious or offensive odour must not be emitted beyond the boundaries of the Premises. B7 No particulate matter or visible contaminant, including dust, smoke, fumes and aerosols likely to

cause environmental harm is to emanate beyond the boundaries of the Premises. B8 No spray painting is permitted in the open except for minor spotting and minor touching up

operations as approved of by the administering authority.


B9 All spray painting (other than minor touch ups) is to be conducted in a fully enclosed booth that meets the following requirements:

(i) is constructed in accordance with AS/NZS 4114.1 and 4114.2:1995; (ii) discharges exhaust gases vertically through a stack with an internal diameter of not less than 0.5 metres and is either 8 metres above the ground or 4 metres above the highest ridgeline of adjacent buildings (which ever is the highest); (iii) exhaust gases have an exit velocity, from the exhaust stack, of not less than 10 metres per second; (iv) has a monitoring port installed on the exhaust stack; and (vi) has a filtration system with a particulate removal efficiency of at least 90%.

B10 Spray booth performance shall be certified to the requirements of condition B9 above by a suitably

qualified person at the cost of the Holder when and as directed by an authorised person. B11 All powder coating operations shall be performed in a fully enclosed booth that meets the following

requirements:

(i) conforms with AS3754-1990 ‘Safe Application of Powder Coating by Electrostatic Spraying’; (ii) discharges exhaust gases vertically through a stack with an internal diameter of not less

than 0.5 metres and is either 8 metres above the ground or 4 metres above the highest ridgeline of adjacent buildings (whichever is the highest);

(iii) has a filtration system with a particulate removal efficiency of at least 90%;

(iv) exhaust gases have an exit velocity, from the exhaust stack, of not less than 10 metres per second; and

(v) has a monitoring port installed on the exhaust stack. B12 Powder coating booth performance shall be certified to the requirements of this condition by a

suitably qualified person at the cost of the Holder when and as directed by an authorised person.

End of conditions for Schedule B SCHEDULE C – NOISE Emission of noise C1 The environmentally relevant activity must be carried out by such practicable means necessary to

prevent the emission or likelihood of emission of noise beyond the boundary of the licensed place that constitutes environmental nuisance.

Noise monitoring C2 The holder of this development approval must undertake to investigate any complaint of noise

annoyance that is not considered to be frivolous or vexatious, upon receipt of a written request from the administering authority. The written request may include monitoring and/or preparation of a noise management plan to investigate any complaint of noise annoyance.

C3 The method of measurement and reporting of noise levels must comply with the Environmental

Protection Agency Noise Measurement Manual, 3rd Edition, March 2000, or more recent additions or supplements to that document as becomes available.

End of conditions for Schedule C

SCHEDULE D - WATER Release of contaminants to water


D1 Contaminants must not be directly or indirectly released from the licensed place to any stormwater drain or any waters or the bed and banks of any waters except as permitted under the water schedule; stormwater schedule; or to a sewer as permitted or otherwise agreed from time to time by the administering authority.

D2 Repairs or maintenance to machinery and equipment that is likely to; or may cause or result; in the

release of oil must be carried out inside a bunded area i.e. the workshop or other area. Wastewater D3 If no sewer connection is available on site, wastewater is to be:

(i) treated to a standard suitable for acceptance to sewer or stored in an approved manner until removed for disposal at Council’s sewerage treatment plant by an approved waste transporter, or;

(ii) approval may be given for on-site disposal of the waste if it is determined that no environmental harm or nuisance would result, or; (iii) treated as required and recycled. D4 Wastewater from vehicle washing must be disposed of under the conditions of a Trade Waste

Permit or in a method approved by The Administering Authority. Spill kit D5 An appropriate spill kit, personal protective equipment and relevant operator instructions/emergency

procedure guides for the management of chemicals used in and wastes associated with the ERA must be kept in each vehicle used for the activity.

Spill kit training D6 Anyone operating under this Development Approval must be trained in the use of the spill kit

detailed in condition D5 and have the details of any training provided documented.

End of conditions for Schedule D SCHEDULE E - STORMWATER MANAGEMENT Stormwater E1 Unless a release is authorised by the conditions of this development approval, the environmentally

relevant activity must be carried out by such practicable means necessary to prevent and/or minimise the release or likelihood of release of contaminated runoff from the licensed place to any stormwater drain or waters or the bed or banks of any such waters.

"Contaminated runoff" for the purposes of this condition means stormwater and/or stormwater runoff that contain contaminants that may cause environmental harm.

E2 Any spillage of wastes, contaminants or other materials must be cleaned up as quickly as

practicable. Such spillage must not be cleaned up by hosing, sweeping or otherwise releasing such wastes, contaminants or material to any stormwater drainage system, roadside gutter or waters.

E3 The maintenance, servicing and cleaning of vehicles and any other equipment or plant must be

carried out in areas from where contaminants cannot be released into any waters, roadside gutter or stormwater drainage system.


Bunding E4 All chemical drum storage must be bunded. The capacity of the bunded compound shall not be less than 100% of the largest package plus 25% of the storage capacity up to 10, 000 litres, together with 10% of the storage capacity up to 100,000 litres and a further 5% above 100, 000 litres. All bunding must be constructed of materials that are impervious to the materials stored. E5 All bunding must be roofed where practicable. Where it is impractical to completely roof a bunded

area, controls and management practices must be implemented to ensure that any stormwater captured within the bund is free from contaminants or wastes prior to any release.

End of Conditions for Schedule E

SCHEDULE F - LAND APPLICATION F1 Except as otherwise provided by the conditions of the land application schedule of this development

approval, the environmentally relevant activity must be carried out by such practicable means necessary to prevent or minimise the release or likelihood of release of any such contaminants to land.

End of Conditions for Schedule F SCHEDULE G - WASTE MANAGEMENT General G1 The holder of this development approval must use the waste hierarchy when making decisions in

regard to waste management at the licensed place: (i) waste avoidance; (ii) waste re-use; (iii) waste recycling; (iv) energy recovery from waste; (v) waste disposal.

G2 The owner and/or operator of the environmentally relevant activity must not: (i) burn waste at or on the premises; nor (ii) allow waste to burn or be burned at or on the premises; nor

(iii) remove waste from the premises and burn such waste elsewhere, unless disposed of at an approved waste disposal facility.

G3 Waste must not be released to the environment, stored, transferred or disposed of contrary to any

condition of this development approval. G4 The activity must be maintained and operated so as not to generate an unsightly accumulation of

waste materials. Waste disposal G5 Where a no-cost recycling service is available, reasonable and practicable steps must be taken to

ensure recyclable waste is not deposited in the general waste stream. Such steps may include, but not be limited to provision of receptacles; suitable signage; and promotion of awareness among staff and patrons of the recycling service.

Regulated Waste G6 All vehicles used for the transport of regulated waste from the premises must comply with the

Environmental Protection Act 1994, Environmental Protection Policies and associated Regulations. G7 Where regulated waste is taken off site a record must be kept of the:


(i) date, quantity and type of waste removed; (ii) waste receiving operator that removed the wastes off site; and (iii) destination of the waste.

Hazardous materials G8 The operator shall not permit hazardous materials to be released to land. Examples of such

materials include, but are not limited to, asbestos, lead-based paint residues, solvents and spent abrasives.

Notification of improper disposal of regulated waste G9 The administering authority must be notified of all relevant facts should any person involved in the

conduct of the environmentally relevant activity become aware that a person has removed waste from the premises and disposed of the waste in a manner, which is not authorised by this development approval or is improper or unlawful.

The holder of this development approval must, as soon as practicable, notify the administering authority of all facts, matters and circumstances known concerning the disposal.

End of conditions for Schedule G SCHEDULE H - MONITORING AND REPORTING Complaint recording H1 All complaints received by the holder of this environmental authority relating to releases of

contaminants from operations at the licensed place must be recorded and kept with the following details: (i) time, date and nature of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant (Note: if the complainant

does not wish to be identified then “Not identified” is to be recorded); (iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of responsible person.

Incident Recording H2 A record must be maintained of at least the following events:

(i) the time, date and duration of equipment malfunction where the failure of the equipment resulted in the release of contaminants reasonably likely to cause environmental harm;

(ii) any uncontrolled release of contaminants reasonably likely to cause environmental harm; and (iii) any emergency involving the release of contaminants reasonably likely to cause material or

serious environmental harm requiring the use of fire fighting equipment. Notification of emergencies and incidents H3 As soon as practicable after becoming aware of any emergency or incident which results in the

release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this development approval, the administering authority must be notified of the release by telephone, facsimile or other means. The notification of emergencies or incidents must include but not be limited to the following: (i) the name of the person reporting the release (ii) the business name of the activity ; (iii) the location of the emergency or incident; (iv) the name and telephone number of the designated contact person; (v) the time of the release; (vi) the time the person became aware of the release;


(vii) the suspected cause of the release; (viii)the environmental harm and or environmental nuisance caused, threatened, or suspected to be

caused by the release; and (ix) actions taken to prevent any further release and to mitigate any environmental harm and or

environmental nuisance caused by the release.

Such records must be made available to an authorised person on request who must be permitted to make copies thereof.

End of conditions for Schedule H

SCHEDULE I - DEFINITIONS General definitions I1 For the purposes of this development approval any term not otherwise defined in the Environmental

Protection Act 1994 and any subordinate legislation made pursuant to the Act or in the Definitions Schedule of this development approval has the meaning conferred to that term in its common usage.

I2 In the event of any inconsistency arising between the meaning of any term provided in the

Definitions Schedule of this development approval and any common usage of that term, the meaning conferred in the Definitions Schedule of this development approval prevails.

I3 Administering authority means the Emerald Shire Council. I4 Annoyance - in determining what constitutes “annoyance” regard must be had to Australian

Standard 1055.2 - 1989 Acoustics - Description and Measurement of Environmental Noise Part 2 Application to specific situations.

I5 Authorised person means a person holding office as an authorised person under an appointment

under the Environmental Protection Act 1994 by the chief executive officer of the administering authority.

I6 Commercial place means a place used as an office or for business or commercial purposes.

I7 Chemical means:

(a) an agricultural chemical product or veterinary chemical product within the meaning of the Agricultural and Veterinary Chemicals Code Act 1994; or

(b) a dangerous good under the dangerous goods code; or (c) a lead hazardous substance within the meaning of the Workplace Health and Safety Regulation

1997; or (d) a drug or poison in the Standard for the Uniform Scheduling of Drugs and Australian `Health

Ministers’ Advisory Council and published by the Commonwealth; or (e) any substance used as, or intended for use as:

(i) a pesticide, insecticide, fungicide, herbicide, rodenticide, nematocide, miticide, fumigant or related product; or

(ii) a surface active agent, including, for example, soap and detergent; or (iii) a paint solvent, pigment, dye, printing ink, industrial polish, adhesive, sealant, food

additive, bleach, sanitiser, disinfectant or biocide; or (iv) a fertiliser for agricultural, horticultural or garden use (other than mushroom growing

substrate or compost mentioned in item 46 or 53[ of Schedule 1 of the Environmental Protection Regulation 1998]); or

(f) a substance used for or intended for use for: (i) mineral processing or treatment of metal, pulp and paper, textile, timber, water or

wastewater; or (ii) manufacture of plastic or synthetic rubber.


I8 Contaminant means:

(a) a gas, liquid or solid; or (b) an odour; or (c) an organism (whether alive or dead), including a virus; or (d) energy, including noise, heat, radioactivity and electromagnetic radiation; or (e) a combination of contaminants.

I9 Environmental harm means:

(1) is any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance.

(2) may be caused by an activity: (a) whether the harm is a direct or indirect result of the activity; or (b) whether the harm results from the activity alone or from the combined effects of the activity

and other activities or factors.

I10 Environmental nuisance is unreasonable interference or likely interference with an environmental value caused by:

(a) noise, dust, odour, light; or (b) an unhealthy, offensive or unsightly condition because of contamination; or (c) another way prescribed by regulation.

I11 Holder means the owner, the owner’s successors in title and any occupier of the premises to which

this development approval relates (Integrated Planning Act 1997, Section 3.5.28).

I12 Intrusive noise means noise that, because of its frequency, duration, level, tonal characteristics, impulsiveness or vibration:

(a) is clearly audible to, or can be felt by, an individual; and (b) annoys the individual. In determining whether a noise annoys an individual and is unreasonably intrusive, regard must be had to Australian Standard 1055.2 – 1997 Acoustics – Description and Measurement of Environmental Noise Part 2 – Application to Specific Situations.

I13 Noise sensitive place means: • a dwelling, mobile home or caravan park, residential marina or other residential premises; or • a motel, hotel or hostel; or • a kindergarten, school, university or other educational institution; or • a medical centre or hospital; or • a protected area; or • a park or gardens; or • sensitive land use.

I14 Noxious means: harmful or injurious to health or physical well being.

I15 Offensive means: causing unreasonable offence is unreasonably disagreeable to the sense; is disgusting, nauseous or repulsive.

I16 Regulated waste means:

non-domestic waste mentioned in Schedule 7 of the Environmental Protection Regulation 1998, (whether or not it has been treated or immobilised), and includes:

(a) for an element – any chemical compound containing the element; and (b) anything that has contained the waste.

I17 Sensitive land use means:


• surface waters (including gullies which lead to watercourse), water bores, wells, water supply catchment; or

• habitats of fish or amphibians; or • conservation areas; or • horticulture and other sensitive crop production; or • neighbouring or nearby enterprises.

I18 Waste includes anything that is:

(a) left over or an unwanted by-product, from an industrial, commercial, domestic or other activity; or

(b) surplus to the industrial, commercial, domestic, or other activity generating the waste; and (c) can be a gas, liquid, solid or energy, or a combination of any of them.

End of conditions for Schedule I

ADVICE 1. This response under the Environmental Protection Act 1994 does not remove the need to obtain

any further approval for this development which might be required by other Local, State and/or Commonwealth legislation. Applicants are advised to check with all relevant statutory authorities. Applicants also should comply with all relevant legislation.

2. The Environmental Protection Authority Contaminated Land Unit advises that:

a) The proposed motor vehicle work shop must be carried out on the proposed Lots 56 and 57 as it is shown in the enclosed drawing. b) In the event that sand blasting material, ash, refuse material or other potentially contaminated soils are identified during the construction process, work in the area is

to cease and the blasting/ash/refuse and / or contamination is to be delineated by a member of a prescribed organisation according to s381 of the Environmental Protection Act 1994 and managed to a standard satisfactory to the Environmental Protection Agency. The administering authority is to be notified in writing within two (2) business days of detection and advised of appropriate remedial action.

___________________________ 14 March 2008 Approved: Phil Brumley Date Acting Chief Executive Officer’

Carried ITEM 80.2.4 D496/07 – Craig & Jodie Wade – Big John Road, Emerald – ROL PLANNING REPORT (Delegated Decision) Application No: D496/07 Applicant: Craig J and Jodie E Wade Owner: Craig J and Jodie E Wade Site Address: Big John Road, Emerald Real Property Description: Lot 4 on RP 618503 IPA Planning Scheme Zone: Rural Zone: Rural Living Area Proposal: Create two (2) lots from an existing Rural lot in the Rural a

Living Area Development Type: Development Permit Application Type: Reconfiguration of a Lot Assessment: Impact Assessment Submissions: Nil Referral Agencies: Nil


Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that the applicant, Craig and Jodie Wade, be advised that the application for a Development Permit for the Reconfiguration of Lot on land described as Lot 4 on RP618503, situated at Big John Road, Emerald, to create two (2) lots from one (1) existing Rural lot in the Rural Living Area is approved, subject to the following conditions:- General 1) Compliance with the facts and circumstances set out in the application and all Council By-laws

being adhered to and generally in accordance with Plan Number TP-D496/07, also identified as Drawing Number 07049-01A prepared by Bryant Edmonston and Associates dated 15 June 2007. A plan of survey, prepared by a Surveyor in accordance with the Land Titles Act shall be submitted to Council for endorsement.

2) The relocation of any services within the subject land to provide independent services to each proposed lot must be by the applicant at no cost to Council and evidenced.

3) An internal easement is required to be provided for any part of the drainage, water supply

infrastructure network that passes through the site and is of benefit to another allotment. Any such easement shall be of an adequate width, as set out in any future Operational Work Decision Notice, to protect that infrastructure. The minimum width of any easement is to be 4.0 m. Any such easement is to be provided at the developer's cost.

4) Provision of evidence that all rates and charges are paid on the subject site. 5) Plan of Survey shall not be signed until such time as the requirements of the conditions of this

approval have been carried out or bonded. 6) Compliance with the enclosed conditions and submission of a certified Plan of Survey of the

proposal, for Council signing, within the periods limited by the Integrated Planning Act or, where no period is specified, within a period of two (2) years from the date of approval, taking force and effect, otherwise the approval will lapse.


Amenity 7) Unless otherwise approved in writing by the Chief Executive Officer, no construction work that

makes or causes audible noise shall be carried out on site: (a) On a Sunday or Public Holiday at any time; nor, (b) On a Saturday or business day before 6:30am or after 6:30pm.

Utilities 8) The applicant is required to submit to Council a copy of a letter from Ergon Energy stating that

satisfactory arrangements have been made for the provision of electricity to proposed Lot 2. 9) The applicant is required to submit to Council a copy of a letter from Telstra stating that satisfactory

arrangements have been made for the provision of telecommunication services to proposed Lot 2. Engineering 10) Provision shall made for all necessary storm water drainage and erosion and sediment control

measures (both internal and external to the subject land) in accordance with Queensland Urban Drainage Manual, except where modified by Division 8 of the Development Standards Code of the Shire of Emerald IPA Planning Scheme.

11) Stormwater Drainage:

i. The lawful and practical point of stormwater discharge for proposed Lots 1 and 2 is Big John Road;

ii. The land shall be graded so that it is free draining; iii. The development must not interfere with the natural flow of stormwater, nor cause

ponding on adjoining property; iv. All stormwater run off from artificial and roof areas naturally occurring on the site must

be collected within the premises and discharged to the lawful points of discharge; and, v. The stormwater management system maybe augmented by the provision of rain water

tanks on site. 12) It shall be demonstrated that there is a minimum storage capacity of 47,000 litres of potable water

for the existing Dwelling Houses in proposed Lot 1. 13) Any further Dwelling House erected on proposed Lots 1 and 2 shall be required to provide a

minimum storage capacity of 47,000 litres of potable water for the Dwelling House prior to occupation of that Dwelling House.

14) All effluent disposal areas for any existing and future Dwelling Houses located within their proposed

lots are to be totally contained within their respective boundaries as per the provisions of the Water Supply and Sewerage Act.

15) A plan shall be submitted showing the location of existing absorption trenches and a report

demonstrating that the existing sewerage disposal system for the Dwelling House located in proposed Lot 1 is installed and operating in accordance with the AS/NZS 1547:2000 On site Domestic Wastewater Management shall be submitted to Council.

16) The applicant shall undertake the following works for subject site accessibility:

a) Internal Proposed Lot 1 Nil Proposed Lot 2 Nil

b) External Proposed Lot 1 Provision of a minimum 4.0 m wide sealed vehicular crossover

from the carriageway of Big John Road to the property


boundary to service the existing internal driveway. This work is required to be constructed before the survey plan is endorsed.

Proposed Lots 2 Provision of a minimum 4.0 m wide sealed vehicular crossover

from the carriageway to the property boundary for the proposed access handle. This work is required to be constructed before the survey plan is endorsed.

FURTHER, that the applicant be advised that:-

(a) This approval extends only to the Reconfiguration of a Lot. A further application will be required for: (i) Operational Works including, but not limited to, external roadworks and water supply; and, (ii) any new construction work, alterations, demolition, or change of class which must be applied

for and obtained under the provisions of the Building Act;

(b) Further requirements may exist under, and compliance will be required in accordance with, the following legislation:

(i) Environmental Protection Act; (ii) Regulations & Policies made under the Environmental Protection Act; (iii) Aboriginal Cultural Heritage Act; and, (iv) Any other relevant legislation. (c) Workplace amenities shall be provided in compliance with the Workplace Health and Safety Act and






Advisory Notes: 1) The applicant is to be aware that a Development Permit under the Integrated Planning Act 1997



2) It is advised that any future House erected within the proposed lots is required to comply with the

Rural Zone code. This code stipulates that:

a) Any House is to have setbacks greater than 10 m from any roadway or other boundary; and

b) On site disposal methods for sewage shall meet: � the Department of Natural Resources and Water On-site Sewerage Code (July

2002) or any subsequent update of that Code; and, � AS/NZS 1547:2000 On-site Domestic Wastewater Management.

3) It is noted that non potable water supply shall be provided on the following basis: Proposed Lot 1: Nil (reliance on existing dam) Proposed Lot 2: Nil (reliance on existing dam)


4) The subject site has been assessed and it is noted that there is no major fire risk to the property, nor would further construction of buildings on the property expose infrastructure to sever wildfire risk. However, it is suggested that the following are maintained to ensure a low risk of fire to the property: a) Keep standing timber separate from property infrastructure / assets; and, b) Sufficient clearing around infrastructure/assets as recommended in the bushfire planning

guide. ______________________________ 14 March 2008____ Approved: Phil Brumley Date Acting Chief Executive Officer’

Carried TEM 80.2.5 D625/07 – Pic1 Pty Ltd – 15 & 19 Douglas Street, Emerald – ROL PLANNING REPORT (Delegated Decision) Application No: D625/07 Applicant: PIC1 Pty Ltd Owner: PIC1 Pty Ltd Site Address: 15 and 19 Douglas Street, Emerald Real Property Description: Lots 1 and 2 on E21694, Parish of Selma Present Zone: Town Zone: Rural Residential Precinct Proposal: Create eleven (11) lots from two (2) existing Town Zone: Rural Residential

Precinct lots Development Type: Development Permit Application Type: Reconfiguration of Lot Referral Agencies: Department of Main Roads Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that the applicant, PIC1 Pty Ltd, be advised that the application for a Development Permit for the Reconfiguration of Lot described as Lots 1 and 2 on E21694 in the Parish of Selma, situated at 15 and 19 Douglas Street, Emerald, to create eleven (11) lots from two (2) Town Zone: Rural Residential Precinct lots, is approved, subject to the following conditions:-


1. Assessment Manager: Emerald Shire Council General 1) Compliance with the facts and circumstances set out in the application and all Council Local Laws

being adhered to and generally in accordance with Plan number TP – D625/07 also identified as plan PC-001.

2) The relocation of any services within the subject land to provide independent services to each

proposed lot must be by the applicant at no cost to Council and evidenced. 3) Provision of evidence that all rates and charges are paid on the subject site. 4) All infrastructure, including but not limited to stormwater, electricity, telephone and reticulated water

that are located within a proposed lot for the benefit of another proposed lot, are to be contained within an easement at the developer’s cots, to the requirements of the Executive Manager of the Infrastructure and Commercial Services Department in accordance with any future Operational Works Decision Notice.

5) No access shall be permitted to proposed Lot 7 from the unformed section of Long Street. A clause

to this effect shall be included in any future contract of sale. 6) Vegetation buffer:

(a) Provision on the site of a vegetated buffer to the agricultural activities conducted on Lot 2 on SP 125663 that must be maintained for while such agricultural activities can be lawfully conducted on Lot 2 on SP 125663.

The vegetated buffer strip must be undertaken on proposed Lots 6 and 7 in the area shown in hatching on Plan Number PC-001. This buffer strip shall contain 20 m of vegetation conforming to the requirements of the ‘Planning Guidelines – Separating Agricultural and Residential Land Uses August 1997 DNRQ’. Planting must be on a mound of approximately 1.5 m high and must be irrigated. Beyond the minimum 20 m vegetative buffer another 10 m is to be kept free of flammable material, including buildings. This landscaping must include native, drought resistant trees and shrubs which are extensively planted. A Landscaping Plan showing the location and type of plantings to be undertaken in the vegetated buffer is to be submitted to Council, at, or before, time of lodgment of an Operational Work Development Application with Council. Upon review of this Council, this plan with any amendments shall become the approved landscaping plan.

(b) The landscaping must be established and must thereafter be maintained in perpetuity to

Council’s satisfaction by the existing or future owners and occupiers of the property, while Lot 2 on SP125663 is able to be utilised for rural land use.

7) No structure as per the Building Act shall be located on approved lots in that area shown in hatching

on Plan Number PC-001. 8) A building restriction area, as per the hatching shown on Plan Number PC-001, shall be located

over proposed Lots 6, 7, 8 and 9 to allow a future road to be constructed. 9) Plan of Survey shall not be signed until such time as the requirements of the conditions of this

approval have been carried out or bonded. 10) Compliance with the enclosed conditions and submission of a certified Plan of Survey of the

proposal, for Council signing and sealing, within the periods limited by the Integrated Planning Act or, where no period is specified, within a period of two (2) years from the date of approval, taking force and effect, otherwise the approval will lapse.



makes or causes audible noise shall be carried out on site: (b) On a Sunday or Public Holiday at any time; nor, (c) On a Saturday or business day before 6:30am or after 6:30pm.

12) Street lighting is to be provided along the New Road in accordance with the AS1158 series to

ensure safe and comfortable movement of vehicular and pedestrian traffic at night and to discourage illegal acts.

Development Contributions 13) Contribution to Council of 36 equivalent person at the 2007/2008 rate of $1,184.00 per equivalent

person ($42,624.00) for water supply headworks. This headworks charge is to be paid and is applicable for a period of twelve (12) months from the date of approval, and thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Water Supply Undertaking Headworks Contributions”.

14) Contribution of an amount of $27,000.00 to be paid on a pro-rata basis for the provision of public

garden or recreation space in the area. 15) Contribution of an amount of $34,002.00 towards the cost of external roadworks. This charge is

applicable for twelve (12) months from the date of approval taking effect, and thereafter shall be in accordance with Council’s annually revised Policy.

Utilities 16) The applicant shall be required to demonstrate that proposed Lots 1 and 4-11 have been provided

with a connection to the electricity supply. The extension to the electricity supply shall be underground.

17) The applicant shall be required to demonstrate that proposed Lots 1 and 4-11 have been provided

with a telecommunication connection. The communication network shall include a broadband / ASDL capacity.

Plumbing and Building 18) Any structure located within 1.5m of a boundary of a proposed lot or within proposed New Road

must be removed or demolished. 19) Provision shall be made for each of the proposed lot to have a minimum of 1500 m² of the site,

including access to the pad, filled to a minimum of 178.8 m AHD. The finished floor level of any structure erected on the pad shall be 178.3 m AHD.

20) All effluent disposal areas for the existing and future Dwelling Houses are to be totally contained

within their respective proposed lots as per the provisions of the Water Supply and Sewerage Act. 21) Provision of an on-site accredited evaluators design and report is to be submitted for each existing

Dwelling Houses on proposed Lots 2 and 3 confirming that the sewerage disposal system is well maintained and is fully operational. It is noted that this report shall contain a plan showing the location of the existing absorption trenches in proposed Lots 2 and 3.

Engineering Stormwater Management


22) Provision shall made for all necessary storm water drainage and erosion and sediment control measures (both internal and external to the subject land) in accordance with the Queensland Urban Drainage Manual, except where modified by Division 8 of the Development Standards Code of the Shire of Emerald IPA Planning Scheme.


i) The lawful points of stormwater discharge for the proposed Lots are as follows:

Proposed Lot 1 Douglas Street

Proposed Lot 2 and 3 Douglas Street and the New Road

Proposed Lots 4-11 The New Road

ii) The land shall be graded so that it is free draining; iii) The development must not interfere with the natural flow of stormwater, nor cause

ponding on adjoining property; and, iv) All stormwater run off from artificial and roof areas naturally occurring on the site must

be collected within the premises and discharged to the lawful point of discharge. Water Supply 24) A network analysis shall be undertaken to verify the capacity of the existing water mains to service

this development. This will ensure all proposed lots can access pressured reticulated water for fire fighting. The network analysis shall identify any short falls in the network and the applicant shall be responsible for any upgrading that is required to ensure a suitable service is provided to each proposed allotment. This analysis shall form part of the future Operational Works application.

25) Provision of a reticulated water supply network to the development. Provision shall be made for

services to boundaries of each proposed lot. The water supply layout, including provision for main cocks, enveloper pipe at cross street services and valve and hydrant marker, shall be in accordance with design plans approved by Council.

Roadworks 26) Provision of road network as set out below:

Access

i. Provision of a 4.0m sealed turnout from the boundary of proposed Lot 3 to the sealed surface of Douglas Street. The sealed turnout shall be constructed with either a concrete invert or a 375mm concrete culvert with headwalls.

Internal

i. The New Road is to have a 20.0 m wide road reserve with an 8m wide asphalt carriageway and turning head in accordance with Council’s approved plans.

27) All new roads are to be constructed of asphaltic concrete surfacing, together with associated works,

for the full length of all street frontages in accordance with Division 8 of the Development Standards Code of the Shire of Emerald IPA Planning Scheme.

28) The road name, road signs, street numbers, drainage and street lighting shall be provided in

accordance with Division 8 of the Development Standards Code of the Shire of Emerald IPA Planning Scheme.


2. Concurrence Agency: Department of Main Roads (E51870 830/172 P49222 P49569 P49265)

Noise 1) The applicant is to acknowledge in writing that this development may be creating a noise sensitive

area adjacent to the Capricorn Highway. The noise level objective may not be achieved without the provision of noise ameliorative treatments, such that the L10 (18hour) traffic noise level generated by traffic on the Capricorn Highway, measured one metre from the façade of the proposed residence, does not exceed 63dB(a) allowing for 10 years traffic growth. The applicant is to also acknowledge that Main Roads will not provide noise amelioration to this property with respect to this application. Note: Having regard to the requirement in Condition 1 above, the attached executed copy of the “Agreement and Indemnity” from dated 12 February 2008 satisfied this condition.

Stormwater 2) The applicant shall provide stormwater drainage ameliorations to prevent any change in flow from

the site that could overload the existing road drainage system of the Capricorn Highway. Stormwater Drainage Runoff From State-Controlled Road 3) The developer is required to manage any stormwater drainage runoff from the State-Controlled

Road (Capricorn Highway) that may affect any part of the proposed development site. This will include any stormwater discharge from small or large culverts, table drains and /or any sheet flow from a state controlled road. The developer has full responsibility of the stormwater management from the State-Controlled Road on the proposed development site.

Environmental – Dust 4) The applicant shall submit for Main Roads’ approval the actions proposed to prevent dust from the

site causing a nuisance. Environmental - Debris 5) The applicant shall submit for Main Roads’ approval the actions proposed to prevent debris being

carried onto the State-Controlled Road. Condition 6) The above conditions are valid from 2 years from the date of the Decision Notice. After the 2 years,

Main Roads reserves the right to review and amend any of the above conditions. FURTHER, that the applicant be advised that:- (a) This approval extends only to the Reconfiguration of Lots. A further application will be required for:-

(i) Operational Works including, but not limited to, stormwater drainage internal roadworks, access and water supply; and,

(ii) Any new construction work, alterations, demolition, or change of class which must be applied for and obtained under the provisions of the Building Act.


following legislation: (i) Environmental Protection Act; (ii) Regulations & Policies made under the Environmental Protection Act; (iii) Aboriginal Cultural Heritage Act; and, (iv) Any other relevant legislation.


(c) Workplace amenities shall be provided in compliance with the Workplace Health and Safety Act and the Workplace Health and Safety Regulations as administered by the Department of Training and Industrial Relations.





(f) Any monetary figures listed or associated with compliance for the above conditions are subject to

periodic review and Council reserves the right to review the monetary figures applying twelve (12) months from the issue of approval.





A person must not – a) Cover over, fence in, lock, hinder access to or otherwise obstruct or obscure a

water meter; or b) Erect a building or structure over a water meter; or c) Place any goods or materials near a water meter or permit growth of vegetation

near a water meter.

In such a manner as to prevent an authorised person from obtaining practicable and convenient access to the meter to read it or for any other lawful purpose.

3) It is advisory that a 4.0m wide easement for future sewerage may be located along the full length of

southern boundary of proposed Lot 8 and linking up to the proposed New Road to allow reticulated sewerage to service the area at a future date.

_____________________________ 14 March 2008____ Approved: Phil Brumley Date Acting Chief Executive Officer’ Carried


ITEM 80.2.6 D055/08 – Emerald Shire Council – 63 Roberts Street, Emerald – ROL PLANNING REPORT (Delegated Decision) Application No: D055/08 Applicant: Emerald Shire Council Owner: Emerald Shire Council Site Address: 63 Roberts Street, Emerald Real Property Description: Lot 11 on E21654 Present Zone: Town Zone: Residential Precinct Proposal: Create two (2) lots from an existing Town Zone: Residential Precinct lot Development Type: Development Permit Application Type: Reconfiguration of Lot Referral Agencies: Nil Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that the applicant, Emerald Shire Council, be advised that the application for a Development Permit for the Reconfiguration of Lot on land described as Lot 11 on E21654, situated at 63 Roberts Street, Emerald, to create two (2) lots from an existing Town Zone: Residential Precinct lot is approved, subject to the following conditions:- General 1) Compliance with the facts and circumstances set out in the application and all Council By-laws

being adhered to and generally in accordance with Plan Number TP-D055/08, also identified as Drawing Number 07128-05 prepared by Bryant Edmonston and Associates dated 29 January 2008.


proposed private lot must be by the applicant, at no cost to Council and evidenced. 3) Provision of evidence that all rates and charges are paid on the subject site. 4) An internal easement is required to be provided for any part of the drainage, water supply or

sewerage infrastructure network that passes through the site and is of benefit to another allotment. Any such easement shall be of an adequate width, as set out in any future Operational Work


Decision Notice, to protect that infrastructure. The minimum width of any easement is to be 4.0 m. Any such easement is to be provided at the developer's cost and in accordance with Council’s Development Manual on Engineering Works.

Easements shall be provided over the existing sewer mains and end of line man holes located in proposed Lots 1 and 2.

In addition, a second easement shall be provided over the existing stormwater drain that is to be

located in proposed Lot 2. This easement shall be for the purpose of stormwater and access. 5) Compliance with the enclosed conditions and submission of a certified Plan of Survey of the

proposal, for Council’s Signing and Sealing, within the periods limited by the Integrated Planning Act or, where no period is specified, within a period of two (2) years from the date of approval, otherwise the approval will lapse.

6) Plans of Survey shall not be signed and sealed until such time as the requirements of the conditions

of this approval have been carried out or bonded to the satisfaction of the Chief Executive Officer.

Development Contributions 7) Contribution of an amount of $3,000.00 to be paid on a pro-rata basis for the provision of public

garden or recreation space in the area. A credit of one (1) allotment has been given for the existing allotment.


makes or causes audible noise shall be carried out on site: a. On a Sunday or Public Holiday at any time; nor, b. On a Saturday or business day before 6:30am or after 6:30pm.

9) The existing electrical and telecommunication services to each proposed lot shall be maintained. Building 10) The finished floor level for the building to be constructed on the proposed lots shall be a minimum of

300mm above the existing surface level or 300mm above the centre lines of Roberts Street for proposed Lot 1 or Nogoa Court for proposed Lot 2, whichever is the greater.

Engineering 11) Provision shall be made all necessary storm water drainage and erosion and sediment control

measures (both internal and external to the subject land) in accordance with Council’s Development Manual on Engineering Works.


a) The lawful point of discharge for proposed Lot 1 is the kerb and channel in Roberts Street;

b) The lawful points of discharge for proposed Lot 2 is the Nogoa Court and Gladstone Street via the stormwater drain;

c) The land shall be graded so that it is free draining; d) The development must not interfere with the natural flow of stormwater, nor cause

ponding on adjoining property; e) All stormwater run off from artificial and roof areas naturally occurring on the site must

be collected within the premises and discharged to the lawful points of discharge; and, f) The stormwater management system maybe augmented by the provision of rain water

tanks on site.


13) Provision of a reticulated water supply with only one service connection point to service all of proposed Lot 2. It is noted that the water meters currently servicing the Dwelling Houses within proposed Lot 2 will be required to be converted to internal sub-meters.

The reticulated water supply must be in accordance with design plans approved by Council.

14) Nogoa Court shall be upgraded to a 6.0m sealed carriageway for the full length of the laneway with

kerb and channel on the northern side of the road (opposite the drain). 15) The existing kerb and channel along the intersection of Hall Street and Nogoa Court is required to

be removed.

FURTHER, that the applicant be advised that:- (a) This approval extends only to the Reconfiguration of a Lot. A further application will be required for:

(i) Operational Works including, but not limited to, external roadworks, stormwater drainage, and water supply; and,



following legislation: (i) Environmental Protection Act; (ii) Regulations & Policies made under the Environmental Protection Act; (iii) Aboriginal Cultural Heritage Act; and, (iv) Any other relevant legislation.

(c) Workplace amenities shall be provided in compliance with the Workplace Health and Safety Act and



Health Act and Health Regulation. Contact should be made with Council’s Environmental Health Officer in this regard.

(e) All refuse storage; removal and disposal are to be in accordance with the Environmental Protection






Council advises that before a Development Permit, authorising work is issued; Council has a legal








access to the meter to read it or for any other lawful purpose. ______________________________ 14 March 2008 Approved: Phil Brumley Date Acting Chief Executive Officer’

Carried ITEM 80.2.7 D056/08 - Emerald Shire Council – 63 Roberts Street, Emerald – ROL

PLANNING REPORT

(Delegated Decision) Application No: D056/08 Applicant: Emerald Shire Council Owner: Emerald Shire Council Site Address: 63 Roberts Street, Emerald Real Property Description: Part of Lot 11 on E21654 Present Zone: Town Zone: Residential Precinct (IPA Planning Scheme reference only) Assessment Zone: Residential A (Superseded Planning Scheme) Superseded Strategic Designation: Urban Expansion Proposal: To create four (4) community title lots and a common property over

an existing Residential A lot Application Type: Reconfiguration of Lot (Body Corporate and Community Management Act) Permit Type: Development Permit Referral Agency: Nil


Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that the applicant, Emerald Shire Council, be advised that the application for a Development Permit for the Reconfiguration of Lot on land described as part of Lot 11 on E21654, situated at 63 Roberts Street, Emerald, to create four (4) community title lots and a common property over an existing Residential A lot is approved, subject to the following conditions:- General 1) Compliance with the facts and circumstances set out in the application and all Council By-laws

being adhered to and generally in accordance with Plan Number TP-D056/08, also identified as Drawing Number 07128-04 prepared by Bryant Edmonston and Associates dated 29 January 2008.

2) The applicant shall submit revised plans of development in general accordance with approved plans specified in Condition No. 1. The proposal shall be amended to ensure that all proposed private lots have a site area 600 m2 or greater, exclusive of any easements. This will involve reducing the width of common property to a minimum of 7.0m to compensate for the increase in lot sizes.


proposed private lot must be by the applicant, at no cost to Council and evidenced. 4) Provision of evidence that all rates and charges are paid on the subject site. 5) An internal easement is required to be provided for any part of the drainage, water supply or

sewerage infrastructure network that passes through the site and is of benefit to another allotment. Any such easement shall be of an adequate width, as set out in any future Operational Work Decision Notice, to protect that infrastructure. The minimum width of any easement is to be 4.0 m. Any such easement is to be provided at the developer's cost and in accordance with Council’s Development Manual on Engineering Works.

6) Compliance with the enclosed conditions and submission of a certified Plan of Survey of the

proposal, for Council signing and sealing, within the periods limited by the Integrated Planning Act or, where no period is specified, within a period of two (2) years from the date of approval, otherwise the approval will lapse.


of this approval have been carried out or bonded. Development Contributions 8) Contribution of an amount of $9,000.00 to be paid on a pro-rata basis for the provision of public

garden or recreation space in the area. It is noted that a credit for one (1) allotment has been included in the calculation for this development contribution.

9) Contribution to Council of an amount of $9,472.00 for water supply headworks. This headworks

charge is to be paid and is applicable for a period of twelve (12) months from the date of approval, and thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Water Supply Undertaking Headworks Contributions”. It is noted that a credit of one allotment was given.

10) Contribution to Council of an amount of $10,272.00 for sewerage headworks. This headworks

charge is to be paid and is applicable for a period of twelve (12) months from the date of approval, and thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Sewerage Supply Undertaking Headworks Contributions”. It is noted that a credit for one allotment was given.

Utilities 11) Submission to Council a copy of a letter from Ergon Energy stating that satisfactory arrangements

have been made for the provision of electricity to service each proposed private lot.


12) Submission to Council a copy of a letter from Telstra stating that satisfactory arrangements have been made for the provision of communication services to service each proposed private lot.


makes or causes audible noise shall be carried out on site: a) On a Sunday or Public Holiday at any time; nor, b) On a Saturday or business day before 6:30am or after 6:30pm.

14) A gate shall be located on the perimeter fence adjoining Lot 3 on SP117249 within the stormwater

drain easement to allow the continuation of the informal walkway. Building 15) The finished floor level for any building to be constructed on the proposed lots shall be a minimum

of 300mm above the existing surface level or 300mm above the centre line of Nogoa Court, whichever is the greater.

16) A Final Building Certificate shall have to be issued for the relocated Dwelling House situated in

proposed private Lot 4. 17) A building setbacks for proposed private Lot 3 are as follows:

a) The Dwelling House shall be setback 4.5m for the front boundary (being the common boundary with the common property);

b) All car accommodation for the Dwelling House shall be setback 6.0m for the front boundary; c) The Dwelling House shall be setback 4.0m for the rear boundary (being the common

boundary with Lot 3 on SP117249); and, d) The Dwelling House shall be setback 1.5m for single storey and 2.0m for two storeys from

any side boundary.

Plumbing

18) A Final Plumbing Certificate shall have to be issued for the relocated Dwelling House situated in proposed private Lot 4.

Engineering


a) The lawful point of discharge for the development is the Nogoa Court and Gladstone Street via the stormwater drain;

b) The land shall be graded so that it is free draining; c) The development must not interfere with the natural flow of stormwater, nor cause ponding

on adjoining property; d) All stormwater run off from artificial and roof areas naturally occurring on the site must be

collected within the premises and discharged to the lawful point of stormwater discharge of the respective lot; and,

e) Runoff from the development shall be mitigated to comply with Australian best practice standards, including the use of Water Sensitive Urban Design Principles.

20) The applicant shall provide all necessary storm water drainage and erosion and sediment control


21) Provision of a 6.0m sealed driveway to service all lots will be required. This driveway is proposed to

be located within the common property. This work shall be completed prior to the commencement of the use and maintained for the duration of the use.


22) Provision of the installation of separate sub-meters for proposed private Lots 3 and 4. These sub-meters are to be accessible to water service provider as per Local Law 24. The design shall be in accordance with the Development Manual – Engineering and with design plans approved by Council.

23) Provision of an internal reticulated sewerage supply to service proposed private Lots 3 and 4, in

accordance with Council approved plans. 24) No additional / external structural loads shall be applied to Council’s existing sewer as a result of the

proposed development.

FURTHER, that the applicant be advised that:- (a) This approval extends only to the Reconfiguration of a Lot. A further application will be required for:

(i) Operational Works including, but not limited to, external roadworks, stormwater drainage, and water and sewerage supply; and,

(ii) Any new construction work, alterations, demolition, or change of class which must be applied for and obtained under the provisions of the Building Act;

(b) Further requirements may exist under and compliance will be required in accordance with the

following legislation:- (i) Environmental Protection Act; (ii) Regulations & Policies made under the Environmental Protection Act; (iii) Aboriginal Cultural Heritage Act; and, (iv) Any other relevant legislation. (c) Further requirements may exist under and compliance will be required in accordance with the

Health Act and the Health Regulations. Contact should be made with Council’s Environmental Health Officer in this regard.

(d) All refuse storage, removal and disposal are to be in accordance with the Environmental Protection


(e) Any monetary figures listed in the above conditions are subject to periodic review and Council

reserves the right to review the monetary figures applying (12) months from the issue of approval. Advisory Notes: 1) The applicant is to be aware that a Development Permit under the Integrated Planning Act 1997




2) Interference with meters and fittings (Local Law 24) A person must not – a) Cover over, fence in, lock, hinder access to or otherwise obstruct or obscure a water


a water meter.



______________________________ 14 March 2008_ Approved: Phil Brumley Date Acting Chief Executive Officer’

Carried ITEM 80.2.8 D078/08 – Jennifer C Ashcroft – 19 Louisa Court, Emerald – ROL

PLANNING REPORT

(Delegated Decision) Application No: D078/08 Applicant: Jennifer Ashcroft Owner: Jennifer Ashcroft Site Address: 19 Louisa Court, Emerald Real Property Description: Lot 13 on RP860505, Parish of Selma Present Zone: Town Zone: Residential Precinct (IPA Planning Scheme reference only) Assessment Zone: Residential A (Superseded Planning Scheme) Superseded Strategic Designation: Urban Proposal: Create two (2) Community Title lots plus common property over an

existing Dual Occupancy Application Type: Reconfiguration of a Lot Level of Assessment: Code Assessment Permit Type: Development Permit Referral Agency: Nil Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that the applicant, Jennifer Ashcroft, be advised that the application for Development Permit Reconfiguration of Lot for land described as Lot 13 on RP860505, situated at 19 Louisa Court, Emerald to create two (2) Community Title lots plus common property over an existing Dual Occupancy is approved, subject to the following conditions:-

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13RP860505


General 1) Compliance with the facts and circumstances set out in the application and all Council Local Laws

being adhered to and generally in accordance with Plan number TP – D078/08 (also identified as plan 07028-01) dated 23 May 2007 prepared by Bryant Edmonston & Associates.

2) The following works and private infrastructure shall be provided within the development and

maintain for the duration of this approval: a. Private facilities (Letter box, waste disposal area, clothes line) for each Dwelling

Unit. It is noted that the clothes line area is to be located behind the fenceline and not visible from the street.

b. Sealed internal access driveways c. Water supply (including payment of headworks) d. Sewerage Service (including payment of headworks) e. Stormwater infrastructure f. Utilities (electricity and telecommunications) g. Fencing and landscaping h. Construction of Dwelling Units in accordance with the Building Act (issue of final

certificate)

3) The applicant is required to provide evidence that all rates and charges are paid on the subject site.

4) An internal easement is required to be provided for any part of the drainage, water supply or sewerage infrastructure network that passes through the site and is of benefit to another allotment. Any such easement shall be of an adequate width, as set out in any future Operational Work Decision Notice, to protect that infrastructure. The minimum width of any easement is to be 4.0 m. Any such easement is to be provided at the developer's cost and in accordance with Council’s Development Manual on Engineering Works.

Provision of a 4.0m wide sewerage easement over the sewerage manhole and main located within the common property.

5) The firewall proposed to be constructed on the boundary of the proposed lots, which will act as

screening between the units’ private open space, is to be completed and certified prior to Council endorsing the survey plan.

6) Compliance with the enclosed conditions and submission of a certified Plan of Survey of the

proposal, for Council signing and sealing, within the periods specified by Section 3.5.21 within the Integrated Planning Act unless you apply for an extension pursuant to Section 3.5.22 of the currency period before it expires. For your information, the currency period for a Reconfiguration of Lot is four (4) years from the approval taking force and effect.


of this approval have been carried out or bonded.

Development Contributions

8) Contribution of an amount of $3,000.00 to be paid on a pro-rata basis for the provision of public garden or recreation space in the area.

9) Contribution to Council of an amount of $2,368.00 for water supply headworks. This headworks

charge is to be paid and is applicable for a period of twelve (12) months from the date of approval, and thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Water Supply Undertaking Headworks Contributions”. It is noted that a credit of one allotment was given.

10) Contribution to Council of an amount of $2,568.00 for sewerage headworks. This headworks charge

is to be paid and is applicable for a period of twelve (12) months from the date of approval, and


thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Sewerage Supply Undertaking Headworks Contributions”. It is noted that a credit for one allotment was given.

11) External road works contribution of an amount of $614.40 to be paid on a pro-rata basis for the

provision of a 1.2 m wide sealed footpath along the Louisa Court frontage of the subject site.

Landscaping and Fencing

12) The landscaping shown on the approved landscaping plan known as ‘Landscaping Plan’ prepared by J. Ashcroft shall be completed prior to the commencement of the use and maintained for the duration of the use.

13) The following fencing shall be undertaken on site:

(a) 1800 mm visual screen fence around the perimeter of the site to the front building line so the rear yard is enclosed. It is not required to fence the front yards, but if it is the owners choice to do this then the maximum fence height is to be 1200 mm;

(b) minimum of 1500 mm visual screen fence, on internal fencing between perimeter fencing and the building line; and,

(c) visual screening between the units as per Condition 5.

Utilities

14) Provision of telecommunications and power connections shall be made to each proposed private lot.

Engineering


a) The lawful point of stormwater discharge is the kerb and channel in Louisa Court and the stormwater drainage easement to the rear of the site;

b) The land shall be graded so that it is free draining; c) The development must not interfere with the natural flow of stormwater, nor cause ponding

on adjoining property; and, d) All stormwater run off from artificial and roof areas naturally occurring on the site must be

collected within the premises and discharged to the lawful points of discharge.

16) The applicant shall provide all necessary stormwater drainage and erosion and sediment control measures (both internal and external to the subject land) in accordance with Council’s Development Manual on Engineering Works.

17) Provision of a concrete dish channel from the end of each stormwater downpipe to the bottom of

the open channel within the drainage easement plus the provision of a concrete dispersion pad and rip-rap scour protection within the base of the open drainage channel.

18) All car parking and vehicle manoeuvring areas within the development shall be sealed and drained. 19) No additional / external structural loads shall be applied to Council’s existing sewer as a result of

the proposed development.

FURTHER, that the applicant be advised that:- (a) This approval extends only to the reconfiguration of lots. A further application will be required for

any new construction work, alterations, demolition, or change of class which must be applied for and obtained under the provisions of the Building Act;


following legislation:- (i) Environmental Protection Act; (ii) Regulations & Policies made under the Environmental Protection Act; (iii) Aboriginal Cultural Heritage Act; and,


(iv) Any other relevant legislation. (c) Further requirements may exist under, and compliance will be required in accordance with, the

Health Act and the Health Regulations. Contact should be made with Council’s Environmental Health Officer in this regard.

(d) All refuse storage, removal and disposal are to be in accordance with the Environmental Protection


(e) Any monetary figures listed in the above conditions are subject to periodic review and Council

reserves the right to review the monetary figures applying twelve (12) months from the issue of approval





2) Interference with meters and fittings (Local Law 24) A person must not – a) Cover over, fence in, lock, hinder access to or otherwise obstruct or obscure a water


a water meter. In such a manner as to prevent an authorized person from obtaining practicable and convenient

access to the meter to read it or for any other lawful purpose. ______________ 14 March 2008 Approved: James Durmisov Date Executive Manager Environment and Development’

Carried


Central Highlands Regional Council (Central) ITEM 80.2.9 D098/06 – Jim Fabish – 49 White Street, Emerald – ROL MOD PLANNING REPORT (Delegated Decision)

Application No: D098/06 Applicant: Murray & Associates QLD Pty Ltd Owner: T A Fabish Site Address: 49 White Street, Emerald Real Property Description: Lot 1 on RP601807 Present Zone: Town Zone: Residential Precinct (IPA Planning Scheme reference only) Original Assessment Zone: Future urban (Superseded Planning Scheme) Original Approval: To create three (3) Residential lots from an existing Future

Urban lot Proposal: An Extension of Currency Period Application Type: Request to Change an Existing Approval - Extension of

Currency Period Level of Assessment: Code Assessment Permit Type: Development Permit Referral Agency: Nil

Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that the applicant, Murray & Associates, be advised that the application for Request to Change an Existing Approval to Extend the Currency Period for an existing Development Permit for the Reconfiguration of Land described as Lot 1 on Registered Plan Number 601807, in the Parish of Selma, situated at 49 White Street, Emerald, to create three (3) lots from an existing Future Urban lot, be approved, subject to the following conditions:-


General 1) Compliance with the facts and circumstances set out in the application and all Council By-laws being

adhered to and generally in accordance with Plan Number TP-D098-06, also identified as plan dated 17 February 2006 prepared by Murray & Associates for Mr Jim Fabish, except as amended by a condition set out in this approval.

2) Any Dwelling House erected on proposed Lot 11 shall have to be erected within the nominated building

envelope, with access from the nominated section of New Road street frontage, as shown on Plan Number TP-D098-06A. This requirement shall be placed as a rate note on Council’s data base and included as a clause in any contract of sale for the proposed Lot.

3) The Dwelling House on the site shall be removed from or relocated within the site so that it does not

encroach on any building setback, as stipulated in the Planning Scheme and Building Act, or over any proposed boundary, prior to commencement of operational works on site.

4) The relocation of any services within the subject land to provide independent services to proposed lots

10, 11 and 12 shall be by the applicant at no cost to Council. 5) Any easement deemed necessary by the Executive Manager - Infrastructure and Commercial Services

in regard to provision of infrastructure, including for drainage purposes, are to be provided at the developer's cost and in accordance with Council’s Development Manual on Engineering Works.

6) Provision of evidence that all rates and charges are paid on the subject site.

7) Compliance with the enclosed conditions and submission of a certified Plan of Survey of the proposal,

for Council signing and sealing, on or before the 28 October 2008 unless extended under Section 3.5.22 of the Integrated Planning Act. [Amended]

8) Plans of Survey shall not be signed and sealed until such time as the requirements of the conditions of

this approval have been carried out or bonded to the satisfaction of the Chief Executive Officer.

Development Contributions 9) Contribution to Council of an amount of $6 264.00 for water supply services. This headworks charge is

to be paid and is applicable for a period of twelve (12) months from the date of approval, and thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Water Supply Undertaking Headworks Contributions”. A credit of 4 ep has been applied in the calculation for the existing service to the existing lot.

10) Contribution to Council of an amount of $8 864.00 for sewerage headworks. This headworks charge is

to be paid and is applicable for a period of twelve (12) months from the date of approval, and thereafter shall be in accordance with Council’s annually revised Local Planning Policy titled “Water Supply Undertaking Headworks Contributions”.

11) Contribution of an amount of $3 000.00 to be paid on a pro-rata basis for the provision of public garden

or recreation space in the area. Utilities 12) The applicant is required to submit to Council a copy of a letter from Ergon Energy stating that

satisfactory arrangements have been made for the provision of electricity to the proposed lots. 13) The applicant is required to submit to Council a copy of a letter from Telstra stating that satisfactory

arrangements have been made for the provision of communication services to the proposed lots. Engineering


14) Unless otherwise approved in writing by the Chief Executive Officer, no construction work that makes or causes audible noise shall be carried out on site:

a) On a Sunday or Public Holiday at any time; or, b) On a Saturday or business day before 6:30am or after 6:30pm

15) The applicant shall provide all necessary storm water drainage and erosion and sediment control


16) The land owner of each (proposed) lot shall ensure that no ponding of stormwater from their lot flows onto adjacent lots and that no stormwater formerly flowing onto the site is diverted away, but incorporated into the drainage from each lot to the point of lawful discharge.

17) All run off from stormwater naturally falling onto proposed lots 10, 11 and 12 shall be collected within

the boundary of each proposed lots boundaries and discharged to Council’s stormwater system. The site shall be contoured, as necessary, so that it is free draining to the road frontage(s) of each

proposed lot. The lawful and practical point of discharge is the kerb and channel at the road frontage(s) of each

proposed lot.

18) Provision of a reticulated water supply with only one service connection point to each of the proposed lots.

The reticulated water supply must be in accordance with design plans approved by Council.

19) Provision of a reticulated sewerage with only one service connection point to each of the proposed lots. Any extension of sewerage mains across the new road must be under bored so that there is no

disturbance to the surface of the new road. The reticulated sewerage must be in accordance with design plans approved by Council.

20) The existing private sewerage facilities on the site shall have to be decommissioned and removed from

the site.

21) The finished floor level of all structures in the proposed Lots is 178.3 m AHD or 300 mm above the finished surface level, whichever is the greater.

22) One (1) street tree for each allotment is to be provided. This maybe bonded at time of plan

endorsement and a tree provided to the owner(s) of each proposed lot at time of completion of a Dwelling House on a proposed lot.

23) Proposed lots 10 and 12 shall be provided with a kerb and channel adaptor within 1 m of each side

boundary and a 100 mm diameter galvanized pipe storm stub to be 300 mm inside of the new footpath

Proposed lot 11 shall be provided with a kerb and channel adaptor within 1 m of the northern side boundary and 7 m from the eastern boundary, with a 100 mm diameter galvanized pipe storm stub to be 300 mm inside of the new footpath

24) The applicant shall undertake the following road works: a) Internal nil b) External proposed lot 11: Construction of a 6.0 m seal vehicular crossover from

kerb to front boundary within the nominated 6 m access point on the southern boundary.

Site frontage: Seal road shoulder for full length of frontage


Provision of kerb and channel as per Emerald Shire profile for full length of frontage.

Provision of a 1200 mm footpath for the full length of frontage.

FURTHER, that the applicant be advised that:- (a) This approval extends only to the Reconfiguration of Lot. A further application will be required for:-

(i) Operational works including, but not limited to, construction of internal roadworks, stormwater drainage, water supply and sewerage provision, and landscape treatment; and,






Health Act and Health Regulation. Contact should be made with Council’s Environmental Health Officer in this regard.

(e) All refuse storage; removal and disposal are to be in accordance with the Environmental Protection













access to the meter to read it or for any other lawful purpose.


3) It is noted that a future owner of proposed Lots 10 and 12 shall have to construct a vehicular crossover to Council specifications at time of construction of a Dwelling House.

______________________________ 28 March 2008_ Approved: Peter Day Date Interim General Manager Environment and Planning’

Carried 80.3 Superseded Planning Scheme: Permitted Development Former Emerald Shire Council ITEM 80.3.1 D700/07 – Wes Daniells Builder – 34 Brokenwood Street, Emerald – Dual Occupancy Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that under the Superseded Planning Scheme, the proposal, to establish a Dual Occupancy, on the subject site is ‘Permitted’ and considered a ‘Self Assessable’ development under the Table of Development in the Residential A zone. Council advises that the application, including the attached plans of development (Sheets 1, 2 & 3 prepared by J & A Drafting), have been assessed against the Development Manual – Multiple Dwellings. It is advised that this application is in general compliance with the Superseded Planning Scheme and thus there is no need for a development permit. However, the following minor matters of non-compliance must be addressed before the approved use can begin operation:

1. The approved plan Sheets 1, 2 and 3 shall be amended as follows:

• Fencing as per point 3. • Provision of a sealed pad near a hose cock for the storage of the rubbish bin for each unit. This

area should be screened from all carriageways, public roads and dwelling units. • Provision of a letter box for each unit. These may be grouped in a landscaping feature near the

front boundary. • Provision of a clothes line for each unit that is screened from adjoining lots and any road.

The amended plans shall be submitted to Council at time of lodgement of a Building Work Building Permit application with Council.

2. All service equipment (including air conditioners) and lighting shall be located so as not to cause a nuisance to the occupants of neighbouring premises or adjoining Dwelling Units. The air conditioning plant for each unit shall be located on the ground.

3. Landscaping and Fencing: • A Plan and schedule showing the location and species to be planted is to be submitted to

Council prior to a Building Work Development Permit being issued. • The landscaped areas must be provided with an underground irrigation system that can be

controlled from one location. • The landscaping must be completed prior to the commencement of the use and maintained for

the duration of the use. • The landscaped areas adjoining the vehicular areas shall be protected from vehicles by a 110

mm high vertical concrete kerb or similar construction. • The following fencing shall be undertaken on site:

a) 1800 mm visual screen fence around the perimeter of the site. Alternatively, the 1800mm visual screen fence may tapering from 1800 mm from the building line to 1200 mm at the front boundary; and,

b) minimum of 1500 mm visual screen fence with lockable gate, on internal fencing between Dwelling Units.


4. Provision of an internal reticulated sewerage service, with one point of connection, in accordance with the Development Manual: Engineering. No additional / external structural loads shall be applied to Council’s existing sewer as a result of the proposed development.

5. Provision of an internal reticulated water supply service with only one service connection point,

in accordance with the Development Manual: Engineering. Each Dwelling Unit shall be provided with a sub-meter in accordance with the Queensland Plumbing and Waste Water Code Guidelines. Each Dwelling Unit shall be provided with an above ground stop cock so that each Dwelling Unit can be isolated from the balance of the development.

6. Provision of a 3.5m (minimum) wide sealed vehicular crossovers from Stephan Street and

Brokenwood Street to service the development in general accordance with the Site Plan Sheet 1. Any damage to the existing kerb and channel shall be rectified.

7. Stormwater Drainage:

• The lawful point of discharge is the kerb and channel of Stephan Street and Brokenwood Street;

• The land shall be graded so that it is free draining; • The development must not interfere with the natural flow of stormwater, nor cause

ponding on adjoining property; • All stormwater run off from artificial and roof areas naturally occurring on the site must

be collected within the premises and discharged to the kerb and channel in Stephan Street and Brokenwood Street; and,

• The stormwater management system may be augmented by the provision of rain water tanks on site.

8. A relaxation of 600mm (maximum) has been granted to allow a 5.4m building setback for the

Dwelling Unit from the front boundary along Stephan Street to achieve a separation distance of 3.0 m between the dwelling units.

It is further advised that the following matters should be address at Building Works Stage and the provision of infrastructure of the development.

Advisory Notes:

i) In accordance with Section 3.2.5 (4) and (5) of the Integrated Planning Act 1997, this approval will lapse at the expiration of 4 years from the date of the approval taking effect if the Material Change of Use has not happened and site development has not substantially started. Section 3.2.5 states that following:

(4) The applicant may proceed as if the development were to be carried out under the

Superseded Planning Scheme.

(5) However, the applicant must start the development under subsection (4) within –

a) if the development is a material change in use – 4 years after the applicant is given the notice; or

b) if paragraph (a) does not apply – 2 years after the applicant is given the notice.

iv) Interference with meters and fittings (Local Law 24)

A person must not – a) Cover over, fence in, lock, hinder access to or otherwise obstruct or obscure a

water meter; or b) Erect a building or structure over a water meter; or c) Place any goods or materials near a water meter or permit growth of vegetation

near a water meter.



iii) A vehicular crossover permit for the new access shall be obtained from Council’s Infrastructure and Commercial Services Department prior to commencement of any work on the vehicular crossover.’

1. Information Request Council does not require any further information to assess this application.

2. Show Cause/Enforcement Notice Not applicable to this application.

3. Preliminary Approval Overriding the Planning Scheme

Not applicable to this application.

4. Assessment Manager/Private Certifier Emerald Shire Council ________________________ 29 February 2008____ Signature Date Phil Brumley Acting Chief Executive Officer Attachments: Site Plan (Sheet 1) Floor Plan (Sheet 2) Elevations (Sheet 3)’

Carried ITEM 80.3.2 D037/08 – Harmers Electrical – 103 Borilla Street, Emerald – Home Occupation Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that under the Superseded Planning Scheme, the proposal, to establish a Home Occupation (Electrical Appliance Repair), on the subject site is ‘Permitted’ and considered a ‘Self Assessable’ development under the Table of Development in the Residential A zone. Council advises that the application, including the attached hand drawn plan of development, have been assessed against the Development Manual – Multiple Dwellings and is now the approved plan for the conduct of this use. It is advised that this application is in general compliance with the Superseded Planning Scheme and thus there is no need for a development permit. However, the following consideration need to be highlighted and complied with at all times:

1. Not more than one (1) person (other than the residents therein) is employed in the business on the

same site at any one time.

2. The advertising signs placed along on the front door of the Home Occupation must not exceed 0.5m2 and can only contain:

1) The name of the occupation; and, 2) A contact phone number.

Should any advertising sign exceed these criterion, a separate Material Change of Use application is required to be submitted to Council.

3. The activities involve with the Home Occupantion use only domestic electrical appliances.

4. No undue disturbance, hazards or interference with the amenity of neighbouring persons is to result from this Home Occupation.


5. Provision of a 3.5m (minimum) wide sealed vehicular crossovers from the boundary of the subject site to the sealed carriageway of Borilla Street to service the development. Any damage to the existing kerb and channel shall be rectified.

It is further advised that the activity must fully comply with the attached Home Occupation provisions, Section 10.3, at all times.

Advisory Notes:

1) In accordance with Section 3.2.5 (4) and (5) of the Integrated Planning Act 1997, this approval will

lapse at the expiration of 4 years from the date of the approval taking effect if the Material Change of Use has not happened and site development has not substantially started. Section 3.2.5 states that following:

(4) The applicant may proceed as if the development were to be carried out under the Superseded Planning Scheme.




2) A vehicular crossover permit for the new access shall be obtained from Council’s Infrastructure and Commercial Services Department prior to commencement of any work on the vehicular crossover.

1. Information Request

Council does not require any further information to assess this application.


3. Preliminary Approval Overriding the Planning Scheme Not applicable to this application.

4. Assessment Manager Emerald Shire Council ________________________ 11 March 2008 Signature Date Phil Brumley Acting Chief Executive Officer’ Carried

ITEM 80.3.3 D063/08 – Toni Marie Hema – 4 Joel Ernest Drive, Emerald – Home Occupation Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that under the Superseded Planning Scheme, the proposal, to establish a Home Occupation (Beauty Therapy), on the subject site is ‘Permitted’ and considered a ‘Self Assessable’ development under the Table of Development in the Residential A zone. Council advises that the application, including the attached hand drawn plans of development, have been assessed against the Development Manual – Multiple Dwellings and is now the approved plan for the conduct of this use. It is advised that this application is in general compliance with the Superseded Planning Scheme and thus there is no need for a development permit.


However, the following minor matters of need to taken into consideration:

6. Any advertising signs placed along the front boundary of the site must not exceed 0.5m2 and can only contain: 3) The name of the occupation; and, 4) A contact phone number.

Should any advertising sign exceed these criterion, a separate Material Change of Use application is required to be submitted to Council. It is further advised that the activity must fully comply with the attached Home Occupation provisions, Section 10.3, at all times and that this approval was granted on the basis that all consultations will be by appointment only and that only one client shall be present on the site at one time. Advisory Notes:

1) In accordance with Section 3.2.5 (4) and (5) of the Integrated Planning Act 1997, this approval will

lapse at the expiration of 4 years from the date of the approval taking effect if the Material Change of Use has not happened and site development has not substantially started. Section 3.2.5 states that following:

(4) The applicant may proceed as if the development were to be carried out under the Superseded Planning Scheme.




1. Information Request Council does not require any further information to assess this application.



4. Assessment Manager Emerald Shire Council ________________________ 11 March 2008 Signature Date Phil Brumley Acting Chief Executive Officer’ Carried


ITEM 80.3.4 D087/08 – Viola Wilhlem – 45 Mayfair Drive, Emerald – Home Occupation Resolution: Cr Schwarz moved and Cr Haylock seconded ‘That Council confirms that under the Superseded Planning Scheme, the proposal, to establish a Home Occupation (Canine Grooming), on the subject site is ‘Permitted’ and considered a ‘Self Assessable’ development under the Table of Development in the Residential A zone. Council advises that the application, including the attached hand drawn plan of development, have been assessed against the Development Manual – Multiple Dwellings and is now the approved plan for the conduct of this use. It is advised that this application is in general compliance with the Superseded Planning Scheme and thus there is no need for a development permit.

However, the following consideration need to be highlighted and complied with at all times:

1. Not more than one (1) person (other than the residents therein) is employed in the business on the

same site at any one time.

2. The advertising signs placed along on the front door of the Home Occupation must not exceed 0.5m² and can only contain:

1) The name of the occupation; and, 2) A contact phone number.

Should any advertising sign exceed these criterion, a separate Material Change of Use application is required to be submitted to Council.

3. All customer carparking is to be located on-site. 4. No undue disturbance, hazards or interference with the amenity of neighbouring persons is to result

from this Home Occupation.

It is further advised that the activity must fully comply with the attached Home Occupation provisions, Section 10.3, at all times.

Advisory Notes: 1) In accordance with Section 3.2.5 (4) and (5) of the Integrated Planning Act 1997, this approval will

lapse at the expiration of 4 years from the date of the approval taking effect if the Material Change of Use has not happened and site development has not substantially started. Section 3.2.5 states that following: (4) The applicant may proceed as if the development were to be carried out under the

Superseded Planning Scheme.

(5) However, the applicant must start the development under subsection (4) within – a) if the development is a material change in use – 4 years after the applicant is given

the notice; or b) if paragraph (a) does not apply – 2 years after the applicant is given the notice.

1. Information Request

Council does not require any further information to assess this application.



4. Assessment Manager Emerald Shire Council


________________________ 14 March 2008 Signature Date Phil Brumley Acting Chief Executive Officer’

Carried ITEM 80.4.2 Planning Scheme Amendments Resolution: Cr Hayes moved and Cr Brimblecombe seconded ‘That, in accordance with the Integrated Planning Act 1997 requirements, Council resolves the following: (1) Pursuant to Section 18(1) under Schedule 1 of the Integrated Planning Act 1997, the Minister be

advised that:

(i) Council did not receive any submissions in response to its proposed Planning Scheme amendments.

(ii) Council is proceeding with the proposed Planning Scheme Amendments with one ‘minor’

modification. (iii) The minor modification is to insert ‘Food Premises’ into Column 1 of Table 5.3.1(1) of the

Major Utilities Overlays Code, under the heading ‘Commercial Use Class’ so that ‘Food Premises’ is ‘self assessable’.

(iv) The modification is deemed ‘minor’ as the modification is merely intending to correct an

‘error’ of omission that occurred at the time of preparing the Planning Scheme Amendments;- and it was evident within the version publicly notified, that the intent to make ‘Food Premises’ self assessable was always intended through the added inclusion of the term ‘Food Premises’ in the balance of the Code, namely within Table 5.3.2 under P/A 1.1 (against which, assessable developments are to be assessed).

(2) The Minister be provided with a copy of the proposed Planning Scheme with the ‘minor’ modification

included.’ Carried

Adjournment The meeting adjourned at 10.33am for a morning tea and resumed at 10.56am. Attendance LLO Bob Maher entered the meeting at 10.56am. Resolution: Cr Rolfe moved and Cr Haylock seconded ‘That the Mission Statement referred to as “Appendix B” be adopted.’ Carried Resolution: Cr Nixon moved and Cr Bell seconded ‘That Council resolves to accept: • the Prosecutions Cover Sheet (Appendix C), • the Prosecutions Policy (Appendix D), • the Joint Agency Policy (Appendix E), • the Warrant to Enter Policy (Appendix F) and • the Exhibit Policy (Appendix G)

(as follows)’ Carried


MISSION STATEMENT

LAWS AND REGULATIONS Appendix B 15TH February 2008 LAWS and REGULATIONS: Under the Local Government Act 1993, Emerald Shire Council has the

authority to make and enforce local laws. Council is also responsible for enforcing some State Government legislated laws.

Enforcement actions depend on the degree of non – compliance. PROSECUTION POLICY: Sometimes Council will take prosecution action. This is guided by the

principles outlined in Council’s Prosecution Policy. You can view a copy of the Prosecution Policy on Council’s web page. COMPLIANCE and REGULATORY SERVICES: These officers are responsible for enforcing local laws including:-

• Animal Control • Dog Registration • Abandoned Vehicles • Control of nuisances • Control of Pests

If you break a local law you may have to pay a fine. Officers are also responsible for enforcing state legislation including:-

• Building • Plumbing • Environmental Protection Act • Best Practice Guidelines For The Control Of Stormwater Pollution

From Building Sites • Integrated Planning Act

According to some laws, certain individual or business activities require a permit or license. It is your responsibility to look in your situation. A full list of Council’s local laws is available on our web page, and information about state legislation controlled by Council can be obtained by contacting the relevant Department.


PROSECUTION COVER - SHEET

Appendix C

FILE NUMBER: DATE:

ACCUSED DETAILS: OFFENCE DETAILS:

NAME: STATUTE:

ADDRESS: SECTION: SHORT TITLE: WORDING OR CHARGE ELEMENTS: PHONE: MOBILE: DATE OF BIRTH:

VEHICLE DESCRIPTION: MAKE: TYPE: COLOUR: REGISTRATION: DATE OF OFFENCE: TIME OF OFFENCE: LOCATION OF OFFENCE: OTHER CO- ACCUSED: Y / N NAME:

ADDRESS:

RELATIONSHIP WITH ACCUSED:

COURT DETAILS: NAME: LOCATION: OTHER OFFENCES: STATUTE: SECTION: DATE OF IST APPEARANCE: / / WORDING OF CHARGE ELEMENTS: TIME: DATE OF 2ND APPEARANCE: / / TIME: DATE OF 3RD APPEARANCE / / TIME: INVESTIGATOR DETAILS: NAME: COMPLIANCE UNIT: CONTACT PHONE: work. Mobile SIGNATURE:________________________


The facts in relation to this matter are:- PREVIOUS HISTORY: COSTS OF COURT SOUGHT: RESULT OF COURT APPEARANCE:


PROSECUTION POLICY

Appendix D 15TH February 2008 INTRODUCTION

Scope. This policy is about the exercise of Council’s discretion to prosecute for alleged offences under the Integrated Planning Act 1997 and the Environmental Protection Act 1994.

Other Legislation. This policy may be extended at any time to include other Acts and Local Laws enforced by Council.

Approach. Council’s approach to its significant regulatory responsibilities is based on promoting voluntary compliance and deterring non-compliance. Council is committed to discharging its regulatory responsibilities in a manner that is lawful, ethical, fair, and efficient and customer focused. In discharging its responsibilities, Council uses a suite of regulatory tools, including education, incentives, licensing, auditing and enforcement in an integrated manner. Council actively pursues partnerships with industry and the community which facilitate beneficial outcomes for the Shire and residents. Where enforcement action is required, Council’s response will be proportionate to the severity of the non-compliance.

Cooperation. Council encourages voluntary disclosure and cooperation in the interests of minimizing harm to the environment.

Purpose. The purpose of this policy is to provide an understanding of how Council ordinarily exercises the discretion to prosecute. Whilst this policy is not legally binding on Council and does not confine or limit Council’s discretion to take any action, it will only depart from this policy where such departure is warranted in the public interest.

Independent Advice. This policy is not a substitute for obtaining independent advice. GENERAL PRINCIPLES

Principles. Set out below are the general principles Council adopts in relation to the institution and conduct of Prosecutions for alleged offences of specified legislation. Regard is had for:

(a) Internal Guidelines. Relevant internal guidelines about the discharge of Council’s regulatory roles and responsibilities including:

(i) The setting and monitoring of standards; (ii) The conduct of investigations into alleged offences; (iii) Options to redress the effects of alleged offences; and (iv) The taking of enforcement action other than prosecution.

(b) Commensurate Response. Whether the proposed prosecution is a commensurate response to the alleged offence, the damage caused as a result of the unlawful act (or failure to act) and any adverse impact on members of the community.

(c) Consistency. The need for consistency of approach where possible in relation to similar

types of alleged offences.


(d) Transparency and Fairness. The need to provide information to enable the alleged offender to understand:

(i) Council’s expectations; (ii) The actions required to remedy an alleged offence; (iii) The circumstances where prosecutions will be taken; and (iv) The rights of the alleged offender to defend a prosecution.

(e) Responsibility. Prosecutions are taken against those who are directly responsible for

the alleged offence and those who are best placed to control it.

(f) Achieving Outcomes. Commencing prosecutions that are likely to be most relevant to achieving the outcomes envisaged by the specified legislation.

THE DECISION TO PROSECUTE

Purpose. Prosecution is an important part of the enforcement process. It aims to punish wrongdoing, to avoid a recurrence by the offender and to act as a deterrent to others.

Other enforcement Tools. Prosecution may be appropriate to consider instead of or in conjunction with other enforcement tools. These may include warning notices, infringement notices, statutory notices and remediation orders. Voluntary actions taken or covenants made by the offender to mitigate damage and prevent recurrence will also be considered in determining appropriate enforcement action.

No Warning. Where circumstances warrant it, prosecution without prior warning or recourse to alternative actions will be undertaken. Circumstances may include for example:

(a) A previous conviction for a similar offence; and, (b) The public interest requires a prosecution to be undertaken.

Proper Consideration. Council recognizes that the institution of a prosecution is a serious matter that should be untaken only after proper consideration of the implications and consequences.

Sufficiency of Evidence to Prosecute. Council will not commence or continue a prosecution unless it is satisfied that there is sufficient admissible and reliable evidence that the alleged offence has been committed by the person or corporation nominated in the complaint and summons and that there is a realistic prospect of conviction.

Discretion to prosecute. Where the evidence meets the sufficiency test outlined in paragraph {Sufficiency of Evidence to Prosecute} above, Council still retains the discretion as to whether is will proceed to prosecution.

Public Interest. Council recognizes that where a discretion to prosecute exists, the dominant factor in exercising that discretion is the public interest.

Determining the Public Interest. So far as they are relevant to the alleged offence and so far as they are reasonably ascertainable at the time of exercise of the discretion to prosecute, Council will consider a range of factors in determining public interest, including the following:

(a) The seriousness of the alleged offence and its likely impact on the environment and the community;

(b) The foreseeability of the agreed offence and the circumstances leading to it; (c) The intent of the alleged offence and the circumstances leading to it; (d) The attitude of the alleged offender and cooperation during the investigation phase; (e) Measures taken by the alleged offender to prevent the alleged offence from occurring; (f) Measures taken by the alleged offender to minimize the impact of the alleged offence; (g) History of previous compliance; (h) History of offending; (i) The effectiveness and deterrent effect of enforcement action other then prosecution; (j) Disregard for the relevant standards and guidelines; (k) Failure to supply information without reasonable excuse; (l) Knowingly supplying false information; (m) Obstruction of Council staff;


(n) The deterrent effect of a prosecution on the alleged offender and others; (o) The personal circumstances of the alleged offender; (p) Mitigating or aggravating circumstances; (q) The potential for remedial action, restitution or compensation; (r) Trivial or technical nature of the alleged offence; (s) The extent to which the alleged offender or its executive officers was able to control and/or

influence the employees or contractors who may have perpetrated the alleged offence; and, (t) Any entitlement or liability of a victim or other person to criminal compensation, reparation or

forfeiture if the prosecution action is taken. Council will consider options other than prosecution if they will be more effective in achieving the objectives of the legislation being administered and are in the public interest. Not Exhaustive. The factors set out in paragraph {Determining the Public Interest} above are not intended to be exhaustive and those factors that are deemed relevant will necessarily depend on the particular circumstances of each case.

Overall Assessment. Deciding on the public interest is not simply a matter of adding up the factors on each side. Council officers will decide how important each factor is in the circumstances of each case and go on to make an overall assessment.

Defence. Council will also have regard to any lines of defence which are plainly open to or have been indicated by the alleged offender and any other factors which would in Council’s view affect the likelihood or otherwise of a conviction.

Impartiality and the Purpose of Prosecution. Council adopts the overriding principle that a prosecution must be instituted (or not instituted) for improper purposes. A decision whether or not to prosecute will not be influenced by:-

(a) Any elements of discrimination against the person such as ethnicity, nationality, political associations, religion, sex or beliefs;

(b) Personal feelings towards the alleged offender; (c) Possible political advantage or disadvantage to a government or any political group or party; (d) The possible effect of the decision on the personal or professional circumstances of those

responsible for the prosecution decision; and, (e) The possible effect of the decision on the personal or professional circumstances of those the

subject of the prosecution (unless as part of the consideration of the public interest test). Presentation of Facts. Once a decision has been made to prosecute Council should present the facts fairly and impartially to the Court.

Conviction. Council should have no interest in securing a conviction, other than to ensure that the right person is convicted, that the truth is known and that justice is seen to be done (R v Hay and Lindsay {1968} QdR 459 at 476 and the Queensland Barristers Rules). SELECTING THE APPROPRIATE DEFENDANT

Selection. Prosecution will ordinarily be undertaken against all persons responsible for the alleged offence. The following general considerations apply:

(a) Who was primarily responsible for the alleged offence – that is who committed the act, who formed the intention and who created or allowed the material circumstances leading to the breach;

(b) Who benefits from carrying out the activity that gave rise to the alleged offence; (c) Who had control of the premises or the site and was able to develop and implement

management systems to ensure compliance; (d) Where a person is liable because the law creates strict liability, what was the role of the potential

defendant; (e) The likely effectiveness of court orders against potential defendant; and, (f) The objects of the governing legislation.


Prosecuting Companies Generally. Where a company is involved, it will be usual practice to prosecute the company where the offence resulted from that company’s activities.

Prosecuting Company Officers. Council will also consider any part played in the alleged offence by the officers of the company including directors, managers and company secretaries. Factors to be considered in determining whether prosecutions will be instituted against the officer include:

(a) Whether the alleged offence was committed with the consent (express, implied or ostensible) of the officer or due to the officer’s neglect and/or recklessness;

(b) Whether the officer turned a “blind eye”; and, (c) Whether the company has a history of offending.

This principle may be departed from where specific legislation applies a stricter liability than as stated above.

Prosecuting Employees. Council will not ordinarily prosecute employees of companies acting under orders, except where the employee is culpable. To ascertain culpability, the following factors will be considered:

(a) Whether the employee knew or should have known that the activity was illegal; (b) Whether the employee feared loss of livelihood if they did not continue acting in breach of

the legislation; (c) The seniority of the employee and the scope of the employee’s work duties; (d) Whether having regard to the above whether the employee had taken reasonable steps to

draw the attention of the employer or an appropriate person to the illegality of the practice; and,

(e) Whether the employee has taken reasonable steps to mitigate or prevent any harm. INFORMATION ABOUT A PROSECUTION

Requests for information. Council will provide a timely response to requests for information about a prosecution within the rules of evidence which apply to the proceeding and in accordance with the requirements of applicable legislation. {Senior Compliance Officer assigned this case and Prosecutor to be consulted first.}

Confidentiality. Council officers will take the utmost care not to disclose confidential information other than in accordance with and as permitted by legislation. SPECIFIED LEGISLATION

Companies and Individuals:

(a) Both the Environmental Protection Act 1994 {section 492} and the Integrated Planning Act 1997 {section 4.4.14} impose liability on corporations as well as individuals.

(b) Where the alleged offence is committed by employees, agents or officers of a corporation in the

course of their employment, proceedings will usually be commenced against the corporation.

(c) Where, however the alleged offence has occurred because an employee, agent or officer of the corporation has embarked on a venture of their own making or volition, and outside the scope of their employment, proceedings may be instituted against the individual employee, agent or officer.

(d) These proceedings may be either in substitution for or in addition to proceedings against the corporation.

Liability of Directors and Executive Officers for acts of corporations.

(a) Both the Environmental Protection Act 1994 {section 493} and the Integrated Planning Act 1997 {section 4.4.3} recognize that while corporations are legal entities, nevertheless it is the


executive officers who represent the directing mind and will of the corporation and control its activities.

(b) Executive officers have an obligation to ensure that the corporation complies with statutory requirements.

(c) If a corporation commits an alleged offence against a statutory provision each of the corporation’s executive officers commits the alleged offence of failing to ensure that the corporation complies with the provision.

(d) Council will institute proceedings under the executive officer liability provisions only where evidence links the person with the corporation’s illegal activity.

Defences to Executive Officer Liability

(a) The law provides defences to executive officer/representative liability the Integrated Planning Act where:

(i) The officer was not in a position to influence the conduct of the corporation in relation to the alleged offence; or

(ii) The officer was in a position to influence the corporation’s conduct in relation to the alleged offence; and

(iii) The officer exercised reasonable diligence to ensure the corporation complied with the relevant legislation.

(b) Council will have regard to the following considerations in determining whether to prosecute:

(i) The corporation has a compliance system in place which identified statutory requirements and approval conditions;

(ii) All staff, agents and officers of the corporation were aware of the system; (iii) The system had been effectively implemented throughout the corporation and across

all sites under the control of the corporation, so that there is an effective translation of those systems to its various sites subject to the specified legislation; and,

(iv) The system was under the regular review and was amended where necessary.

(c) Council will not ordinarily prosecute Executive Officers for a corporation’s first offence unless there is strong evidence that the relevant officers were complicit in that offence.

Vicarious Liability of Persons and Corporations for Acts of Agents and Contractors

(a) Under the Integrated Planning Act 1997 and Environmental Protection Act 1994, a person or corporation is made vicariously liable for the actions of its officers, employees or agents, if those actions are done within the scope of their actual apparent authority.

(b) The law provides a defence to vicarious liability where the representative took all reasonable steps to prevent the offending acts or omissions.

(c) Council will not capriciously or arbitrarily seek to enforce this vicarious liability unless it is satisfied that it has made it clear to the affected persons or corporations what standards of reasonable diligence it would require to decide not to prosecute.

(d) In determining whether to prosecute a corporation for an alleged offence caused by the action of a contractor or agent Council will consider:

(i) Specific statutory obligations; (ii) The criminal Code provisions governing parties to an offence; (iii) Evidence of control of the site or premises where the alleged offence occurred; (iv) The person who obtained the relevant approval, accepted its conditions and benefits

from carrying out the activity that gave rise to the alleged offence; (v) If the corporation was in the position to influence the contractors or agent’s conduct,

then the corporation exercised reasonable diligence or took reasonable steps to ensure that the contractors complied with the relevant legal requirement.

(e) Council will have regard to the following considerations in determining whether to prosecute:

(i) Whether the corporation had a compliance system in place which identified statutory requirements and approval conditions;


(ii) Whether all staff, agents and officers of the corporation were aware of the compliance system;

(iii) Whether the compliance system had been effectively implemented throughout the corporation and across all sites under the control of the corporation, so that there is an effective translation of the system to its various sites;

(iv) Whether the compliance system was under regular review and was amended where necessary.

(f) However Council has a legitimate expectation that any party seeking to invoke a reasonable

diligence defence will take positive steps to advise the details of that defence as soon as possible if it wishes to avoid prosecution.

(g) Council will not ordinarily prosecute persons or corporations (or officers of that corporation) under the vicarious liability provisions, if this is the first alleged offence for the agent or contractor unless there is strong evidence that the relevant persons, corporation or officers were arguably complicit in that offence.

PROSECUTION DELEGATIONS Charge Negotiation. In determining whether a plea to a lesser offence, or part of a complaint only can be accepted, relevant factors may include the following:

(a) Whether the public interest is better served or satisfied, having regard to the evidence available

to support the complaint, the resources required to obtain further evidence and the difficulty of obtaining further evidence;

(b) Whether the plea reasonably reflects the offending conduct and serves as an appropriate basis for sentencing;

(c) Whether the ordeal associated with giving evidence for special or vulnerable witnesses may reasonably be avoided;

(d) Whether the cost savings to the community of finalizing the prosecution without the need for the expense of a trial weight in favour of accepting the plea;

(e) Whether acceptance of the plea would distort the facts disclosed by the available evidence and result in an artificial basis for sentence; and,

Whether the accused person intimates that he or she is not guilty of any offence.


POLICY JOINT AGENCY

INVESTIGATIONS Appendix E 12th February 2008 NUMBER: TITLE: INVESTIGATIONS – JOINT AGENCY. SECTION: Authorised Council Officers carrying out investigation duties on behalf of the Shire,

where another Government/Civilian Agency is involved. RELEVANT LEGISLATION: All State Legislation and Shire Local Laws. PURPOSE: This Policy provides a basis for co operation between Council and other agencies. SCOPE: Applies to all investigations where Council is assisted by another agency. PREAMBLE: N/a DEFINITIONS: N/a POLICY: This policy is designed to give a platform for co operation between Shire

Employees conducting investigations where other Government or Civilian Agencies are involved.

When it becomes apparent that another agency will become involved in a current

investigation then the following points should be taken into consideration to establish which investigator takes the lead role:-

(i) The Law. (Which agency has most appropriate law to be used in relation to

the matter at hand); (ii) Which Agency has the most suitable powers for the gathering of evidence; (iii) Who is the senior/experienced investigator; and (iv) Investigator’s local knowledge.

ADOPTED: AMENDED:


POLICY WARRANT TO ENTER SEARCH WARRANTS

Appendix F 12TH February 2008 NUMBER: TITLE: SEARCH WARRANTS SECTION: Authorised Council Officers conducting investigations, on behalf of the Shire. RELEVANT LEGISLATION: LOCAL GOVERNMENT ACT 1993 Section 1094 – Warrants for entry.

Section 1095 – Warrants applications made otherwise than in person. (A warrant or order to enter will customarily be sought under the Local Government Act as no matter what legislation applies in a particular matter, the administration of that legislation by Compliance Staff is defined as being the Local Government Act).

PURPOSE: To facilitate entry to premises when permission is refused to gather evidence of an

offence. SCOPE: To provide Compliance Staff with the tools for investigations. PREAMBLE: N/A DEFINITIONS N/A POLICY: This is designed to set out the pathway to be followed to obtain a search

warrant under the Local Government Act 1993, during an investigation. An Authorised Person must be aware of their Powers of Entry and exercise these

powers according to the Local Government Act 1993. Sections:-1060, 1061, 1066, 1070, which mainly relate to work. Sections:-1091, 1092,1094,1096,1098, which relate to investigations being carried

out.

During the course of an investigation, if permission to enter a property is denied by the owner/keeper to obtain evidence or a breach of the peace is reasonably anticipated, A Warrant to Enter can be obtained through a Magistrates Court.

Once the Magistrate signs a Warrant to Enter, it is to be executed as soon as

possible before the effective date expires. Police and a second Compliance Officer are required to be in attendance when executing the warrant.


PROCEDURE:

{step1} All endeavors should be made firstly to gain entry with the permission of the owner/occupier. (Sections 1091, 1092, 1093).

{step 2} Complete the Application – Warrant to Enter and Warrant to Enter. (Forms located in Templates on R Drive.) {step 3} Copy your Instrument of Appointment. (This is required to be presented to the

Magistrate with your application to prove you are an authorized officer). {step 4} Complete a File Note briefly stating the facts and circumstances of your investigation,

the evidence you believe will be available to you on gaining entry. Also summarise your attempts to gain entry.

{step 5} Present all paper work (steps 2, 3, 4) any photos/exhibits to your immediate Manager for approval to proceed.

{step 6} Take all paper work {step 5} before a Magistrate. {step 7} If warrant issued execute as soon as practicable within the hours and days granted,

with the assistance of Police and another Officer. {step 8} After the warrant has been executed, endorse the warrant with date, time, place,

Officers Police and Compliance involved, and any exhibits taken. {step 9} If the Magistrate refuses to issue the warrant, file all paper work for future reference.

ADOPTED: AMENDED:


POLICY

EXHIBITS – (INANIMATE) SEIZED EVIDENCE

Appendix G 11TH February 2008 NUMBER: TITLE: EXHIBITS – SEIZED EVIDENCE. SECTION: All Council’s investigations; including, but not limited to, those conducted by: Work

Place Health and Safety Officers; Compliance Officers/Rangers; and, Support Staff (Animal Control, Local Laws, Pest Management, Stock Routes etc.).

RELEVANT LEGISLATION: Evidence Act 1977, Work Place Health and Safety Act 1995, various State

Legislation administered by Local Government, and Council’s Local Laws. PURPOSE: This Policy provides for the security and tracking of all exhibits (evidence) taken

during investigations. SCOPE: Applies to all inanimate objects taken during an investigation. PREAMBLE: n/a DEFINITIONS: n/a POLICY: Shire Employees engaged in conducting inquires/investigations on behalf of

Council shall comply with the following for the security and tracking of all inanimate items taken possession of to be used as evidence.

Step One: Question.: Is it necessary to take the object? If so, under what Act or

on what authority are you taking it? Could a series of photos provide the same evidence? If you are unsure of your authority to take the object seek the owner’s permission.

Step Two: If photos will suffice follow the [Policy Security of Evidence Photos &

Voice Recordings]. Step Three: Prior to moving the object take a series of photos to show the object

and its location in relation to your investigation. Step four: Issue the owner or the person in charge a field property receipt,

stating why the object is being taken and where to.


Step five: Complete an exhibit label, and attach to the object. Step six: Enter the details in the Exhibit Register. Step seven: Hand the object along with the Register to the Officer in charge of the

exhibit cupboard. If the object is too large to be placed in the exhibit cupboard then

arrange a secure locked location. *Remember you are responsible for the return of this object to the owner, in the same condition you found it in, when you are finished with it.*

Step eight: Make sure each time the exhibit is removed from the exhibit cupboard

or secure location it is signed in and out of the Exhibit Register. Also, a record is to be kept of: why the object was removed; where it was taken; and, why.

Step nine: When the object is no longer required return it promptly to the owner

and obtain a receipt for same which is to be glued into the Exhibit Register.

ADOPTED: AMENDED: Acceptance of the Manager of Environmental Health’s Report Resolution: Cr Brimblecombe moved and Cr Bell seconded ‘That the Manager of Environmental Health’s Report be received and his report relating to the Summary of Flood be referred to the Environmental Portfolio of the CH Flood Recovery Group.’

Carried Acceptance of the Interim General Manager – Environment & Planning’s Report Resolution: Cr Haylock moved and Cr Hayes seconded ‘That the Interim General Manager – Environment & Planning’s Report be received.’ Carried

Attendance LLO Bob Maher left the meeting.


GOVERNANCE & COMMUNITY SERVICES SEGMENT

Fujisawa Sister City Relationship Resolution: Cr Bell moved and Cr Haylock seconded ‘That: 1. The Mayor be authorised to write to the Mayor of Fujisawa town council, Mr. Hiroshi Hatekeyama,

expressing Council’s desire to enter into a Sister City relationship with Fujisawa Town Council and this new Council confirms its support to assist towards all existing arrangements including students exchange, and

2. The new Council reconfirms its Sister City relationships with Altona, Manitoba Canada and

Pouembert New Caledonia and that the CEO, Mayor, Deputy Mayor and Dom Carroll be authorised to progress these relationships.’

Carried Acceptance of the Interim Area Executive Manager – Blackwater’s Report Resolution: Cr Bulger moved and Cr Nixon seconded ‘That the Interim Area Executive Manager – Blackwater’s Report be received.’

Carried Acceptance of the Interim General Manager – Governance & Community Services’ Report Resolution: Cr Haylock moved and Cr Brimblecombe seconded ‘That the Interim General Manager – Governance & Community Services Report be received.’

Carried

DECISIONS/INFORMATION OUT OF REPORTS CHIEF EXECUTIVE OFFICER Central Highlands Community Recovery Group Status Report Resolution: Cr Hayes moved and Cr Bell seconded ‘That the Status Report be received and that Ian Leckenby be retained as Project Manager on an “as required” basis.’ Carried Corporate Plan It was resolved that the draft corporate plan be reconsidered and reviewed by officers and forwarded to Councillors for further consideration. Acceptance of the Chief Executive Officer’s Report Resolution: Cr Hayes moved and Cr Nixon seconded ‘That the Chief Executive Officer’s Report be received.’

Carried


DEPUTY CHIEF EXECUTIVE OFFICER Acceptance of the Interim Area Executive Officer – Springsure’s Report Resolution: Cr Nixon moved and Cr Schwarz seconded ‘That the Interim Area Executive Officer – Springsure’s Report be received.’

Carried

Acceptance of the Interim Deputy Chief Executive Officer’s Report Resolution: Cr Haylock moved and Cr Rolfe seconded ‘That the Interim Deputy Chief Executive Officer’s Report be received.’

Carried Attendance Jenny Nuss entered the meeting at 12.26pm

CLOSED SESSION – STAFFING MATTERS Into Closed Session Resolution: Cr Nixon moved and Cr Brimblecombe seconded ‘That Council moves into Closed Session to discuss staffing matters’

Carried

Attendance Jenny Nuss left the meeting. Out of Closed Session Resolution: Cr Nixon moved and Cr Haylock seconded ‘That Council moves out of Closed Session.’

Carried WORKPLACE HEALTH & SAFTEY Resolution: Cr Hayes moved and Cr Haylock seconded ‘That Council endorses the use of Safe Plan 2 as the Safety Management Plan for Central Highlands Regional Council.’ Carried Resolution: Cr Nixon moved and Cr Brimblecombe seconded ‘That the Workplace Health & Safety Policy Statement as attached be adopted by Council.’ Carried


WORKPLACE HEALTH AND SAFETY

POLICY STATEMENT

Central Highlands Regional Council is committed to providing a safe and healthy working environment for

it’s employees and for contractors and visitors to the workplace. Adopting and promoting the provisions of

the Workplace Health and Safety Act 1995 and its associated Regulation, Codes and Standards, together

with significant importance placed in the areas of hazard / risk management and injury prevention

strategies, will achieve the WH&S Objectives.

The primary WH&S objective is to eliminate or reduce risk by developing proactive strategies and adopting

a risk management approach to WH&S in order to provide an injury/illness free workplace. It is understood

that creating and maintaining a safe and healthy working environment is a major part of everyone’s overall

responsibilities, and that all employees with management or supervisory responsibilities are accountable for

the health and safety of employees and visitors in their respective work areas. Everyone has a duty of care

to act in a safe manner.

In conjunction with this policy, individual Safe Work Procedures, guidelines and standards will be prepared

in consultation with relevant employees and issued.

It is expected that all employees, contractors, Councillors and visitors to all Council workplaces are to follow

safe work practices as prescribed under the legislation and in Council’s Policies and Safe Work

Procedures, and that they make every effort to reduce the risk of injury to themselves and others.

Council will provide adequate resources to manage and maintain health and safety together with regular

training on workplace health and safety, which all employees are expected to attend.

Workplace Health and Safety is important and everyone has an obligation to ensure that Council has a safe

and healthy working environment and everyone is encouraged to actively participate so that this goal is

achieved.

BRYAN OTTONE CHIEF EXECUTIVE OFFICER

Date: 07/04/2008

Date for Revision: 07/04/2009 Version 01/2008


Adjournment The meeting adjourned for lunch at 1.20pm and resumed at 2.00pm

GENERAL BUSINESS

Treswell/Tambo Road Crs Maguire, Rolfe and Brimblecombe to inspect roads in the Treswell/Tambo Road area in liaison with Area Executive Manager Alan Shaw on Tuesday 15th April 2008 with the Mayor leaving Emerald at about 7.00am. Blackwater and Duaringa Visit Leave Emerald at 9.00am to travel to Blackwater and Duaringa on Monday 28th April visit Council offices, carry out inspections and meet the community in Duaringa at 6.00pm. Peak Downs and Tieri Visit Leave Emerald at 9.00am to travel to Peak Downs/Tieri on Monday 12th May and visit Council offices. Change to Council Meeting Date The meeting date for the General Council Meeting to be changed from Monday 5th May 2008 to Tuesday 6th 2008 due to Monday 5th May being a public holiday (May Day). Appreciation – Flooding Event Cr Bell asked if Council is willing to support and recognise those people who helped during the flooding event by way of “Certificates of Appreciation” as part of our moving forward. This could be a ceremony on Queensland Day and perhaps incorporate a tree planting ceremony. Cr Maguire advised that “Certificates of Appreciation” have already been sent. The concept of a tree planting ceremony on Queensland Day has merit and should be considered.

CLOSURE OF MEETING There being no further business, the Mayor closed the meeting at 2.44pm. CONFIRMED: MAYOR DATE

general meeting of council - central highlands …...2008/04/07 · central highlands regional...

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