minutes - shire of northern grampians€¦ · 12.01.letter of congratulations - anna knights 59...

MINUTES________________________________________________________________

Ordinary Meeting of the Council held at 6.30pm on Monday, 5 October, 2015, in the Council Chamber, Western Highway Office, Stawell

PRESENT

Cr Murray Emerson (Mayor)Cr Tony Driscoll Cr Kevin Erwin

Cr Jason Hosemans Cr Karen Hyslop Cr Merrilee Reid Cr Wayne Rice

Mrs Justine Linley, Chief Executive Officer Mr Vaughan Williams, Director Corporate Services

Mr Sanjay Manivasagasivam, Director Infrastructure and Environment Mr Michael Bailey, Director Economic and Community Development

AFFIRMATION

We recognise the traditional owners of the land.We are inspired by the early pioneers and by those who gave their lives for our

country.We now ask God’s blessing on our deliberations and on our commitment

to build a better lifestyle and environment.

Northern Grampians Shire Council Ordinary Council Meeting- 5 October, 2015

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TABLE OF CONTENTS

01. APOLOGIES 302. CONFIRMATION OF MINUTES03. MATTERS ARISING FROM THE MINUTES04. PRESENTATIONS/AWARDS13. PUBLIC QUESTION TIME05. PRESENTATION OF PETITIONS AND JOINT LETTERS

05.01. Petition - Taylor’s Gully Childcare Centre 506. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF

INTEREST07. ASSEMBLIES OF COUNCILLORS08. ITEMS BROUGHT FORWARD09. CONSIDERATION OF REPORTS OF OFFICERS

09.01. Appointment of External Member to Audit Committee09.02. C42 Halls Gap Erosion Management Overlay09.03. Economic Development and Planning Partnerships Report09.04. Lord Nelson Park Precinct Plan Progress Report09.05. Proposed Sale of Property- 14 Wellington Street St Arnaud and 65

Sloane St Stawell09.06. Intention to enter Lease- 87 D'Arcy Street, Stawell09.07. Proposed Leases - Western Highway Community Precinct09.08. Community Loan - Verandah Reconstruction09.09. Advocacy Program 201509.10. Intention to Lease Property - Stawell Leisure Centre (Fitopia)09.11. Proposed Amendment to National Parks Act 1975 - Leases

10. NOTICES OF MOTION OR RESCISSION11. REPORTS FROM COUNCILLORS/COMMITTEES12. URGENT BUSINESS 9

12.03. Supply of Landfill - Stawell Airport 5912.01. Letter of Congratulations - Anna Knights 5912.02. Letter of Congratulations - Jai Walker 59

14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989

14.02. CEO Employment Contract and Remuneration14.01. Contract - St Arnaud Civic Precinct Project

15. CLOSE


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01. APOLOGIES

Nil

02. CONFIRMATION OF MINUTES

Ordinary Meeting held on Monday 7th September, 2015

RESOLUTION

That the minutes as listed, copies of which have been circulated, be confirmed and adopted.

Moved: Cr W RiceSeconded: Cr J Hosemans Carried

03. MATTERS ARISING FROM THE MINUTES

Nil

04. PRESENTATIONS/AWARDS

The Mayor acknowledged the following staff for years of service to the Northern Grampians Shire Council:

30 years of serviceMaria Blake – Records Coordinator Kevin Rickard – Parks and Gardens Coordinator John Kindred – Building Projects Officer Ray Pulley – Maintenance Operator (Stawell) Peter McSwain – Maintenance Operator (St Arnaud)

20 years of servicePauline Coates – Assessment and Service Coordinator (St Arnaud)


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15 years of service Coleen Hay – VIC Coordinator Sarah Parker – Customer Service Officer Kayleen Lyon – School Crossing Supervisor Pauline McIntyre – Nurse Immuniser Julie Baxendale – Property and Revenue Coordinator

The Mayor presented Judy Cashin, Direct Care Worker, with a Letter under Seal in recognition of her 25 years of service to Council.

RESOLUTION

That a change be made to the Order of Proceedings to bring Public Question Time forward.

Moved: Cr K HyslopSeconded: Cr K Erwin Carried

13. PUBLIC QUESTION TIME

Mr Russell Armstrong, Lovel Road Emu

1. Mr Armstrong spoke about differential rating and referred to a newspaper report and the minutes of the last Council meeting in which a Councillor stated that you had to make a living out of the property which is not correct, you only have to make a profit.

How many Councillors here have actually read the Ministerial Guidelines for Differential Rating and still believe the Council’s policy meets those Guidelines?


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The Mayor took the question on notice and said that a written response would be provided.

2. Mr Armstrong spoke about Councillors having discriminated between battlers and people trying to make a profit out of the land. There are many with over 150 hectares which automatically gives them the farm rate and other farms over 150 hectares where wealthy people use the farms as tax dodgers and do not use the farm as a farm.

Why is Council discriminating against a small guy trying to make a dollar?

The Mayor said that Council is not discriminating against anyone and that the rest of his question would be taken on notice and a written response would be provided.

3. Because I am not singled out as the only person in this rating debacle can Council provide the numbers of people affected by this policy, who will be affected and numbers of applications for less than 150 hectares have been passed?

The Mayor took the question on notice and said that a written response would be provided.

Mrs Dorothy Williams, Scallan Street Stawell

Mrs Williams asked why Council was selling land in Sloane Street which was gifted to the former Shire of Stawell by her husband for offices in around 1985. The Mayor took the question on notice and said that a written response would be provided.

Mr Stephen Fielding, Napier Street Stawell

1. Mr Fielding spoke of the Chinese Trade Agreement and asked for evidence of any progress on Council’s investment in Chinese companies which may have panned out from two trips to China. The Mayor said that


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there had been one trip and he would take the question on notice and provide a bigger explanation in writing.

2. Mr Fielding asked if Council had had any discussion regarding housing refugees in Stawell in the next twelve months. The Mayor said there had been some discussion, he would take the question on notice and provide a better response in writing about what Councillors have done.

3. Mr Fielding asked for a show of hands from Councillors attending the community meeting about the environmental impacts from the operations at the gold mine organised by Dr Peter Beck. Councillors Emerson, Erwin Hosemans and Hyslop raised their hands and Cr Reid informed Mr Fielding that she was in decision at the moment.

05. PRESENTATION OF PETITIONS AND JOINT LETTERS

Cr Rice declared an interest of close association as his daughter is a casual employee at a private childcare business in Stawell and left the Chamber at 6.35pm

5.1 Petition - Taylor’s Gully Childcare Centre

Department: Corporate ServicesBusiness Unit: Governance & Civic SupportDirector: Director Corporate ServicesManager Responsible: Manager Governance & Civic SupportAuthor/Position: Mary Scully, Manager Governance & Civic

Support

Summary

The purpose of the report is to consider a petition asking that Council immediately reverse the decision to close Taylor’s Gully Childcare Centre.


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The petition is currently laying on the table. Recommendation

A Council decision is required.

RESOLUTION

That Council take no action to reverse its decision regarding the closure of Taylor’s Gully Childcare Centre and advise the petitioners accordingly.

Moved: Cr Kevin ErwinSeconded: Seconded Cr Wayne Rice Carried


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Background/Rationale

At its meeting on 7 September, 2015, Council received an online petition from the Australian Services Union (ASU) via www.change.org. The petition states: “I call on Northern Grampians Shire Council to immediately reverse the decision to close Taylor’s Gully Childcare Centre, a decision not made in the public interest. Smaller towns face considerable economic challenges and your decision will both increase local unemployment and impede service user’s ability to stay in employment.

We ask you to listen to your public and engage in meaningful dialogue with relevant stakeholders. Helping find a way to provide childcare at the exceptional level staff currently operate at.”

Council’s Meeting Procedure Local Law specifies that a petition or joint letter presented to the Council must lay on the table until the next ordinary meeting of the Council and no motion, other than to receive the petition or joint letter, may be accepted by the Chairperson, unless the Council unanimously agrees to deal with it earlier.

The Local Law also provides that where a petition or joint letter has been allowed to lay on the table, the Chief Executive Officer may refer it to the appropriate officer for a report prior to it next being considered by Council, as deemed appropriate by the Chief Executive Officer in her discretion. The Chief Executive Officer did not refer this petition for a report prior to it being considered by Council at this meeting.

The decision to cease operating the facility was based on the limited utilisation from the community with only 34 families regularly attending at a cost of approximately $500,000 to Northern Grampians Shire Council.

Since the decision was made, Council called for expressions of interest. Officers have been working with the highest scoring applicant on


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providing a similar service to the community without cost to Northern Grampians Shire Council. The successful organisation has plans to create a Family Hub at the facility which will include health programs, education programs and children’s programs, should there be a commercial need it will also include the provision of long day care.

The organisation has also stated they will undertake a full recruitment process to fill vacant positions at the facility, this will provide an opportunity for staff made redundant by Northern Grampians Shire Council to apply for positions.

This matter is the subject of a separate item on this agenda.

Legislation, Council Plan, Strategy and Policy Implications Meeting Procedure Local Law 1/2009 Options

Option 1 - To take no action to reverse Council’s decision regarding the closure of Taylor’s Gully Childcare Centre and advise the petitioners accordingly. [Recommended]

Option 2 - To take action to reverse Council’s decision in response to the petition. [Not recommended]

Reporting

Implications Considered in this report? Implication identified?

Social No No

Heritage/Cultural No No

Amenity No No

Human Rights/Privacy No No


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Environmental No No

Economic & Marketing No No

Risk Management No No

Financial No No

Asset Management No No

Consultation

There has been no specific community consultation in the preparation of this report.

Officer’s Declaration of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

Manager Governance & Civic Support, Mary ScullyIn providing this advice as the Manager/Author I have no disclosable interests in this report.

Attachments

Nil

Cr Rice returned to the Chamber at 6.55pm


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06. DISCLOSURES OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST

A Councillor who has a conflict of interests and is attending the Council meeting of the Council must make a full disclosure of that interest.

(a) by either-

(i) advising the Council at the meeting of the details required under paragraphs (b) and (c) immediately before the matter is considered at the meeting; or

(ii) advising the Chief Executive Officer in writing of the details required under paragraphs (b) and (c) before the meeting; and

(b) classifying the type of interest that has given rise to the conflict as either-

(i) a direct interest; or

(ii) an indirect interest and specifying the particular kind of indirect interest under:

section 78 - close association

section 78A - financial interest

section 78B - conflicting duties

section 78C - receipt of an applicable gift

section 78D - consequence of becoming an interested party

section 78E - impact on residential amenity; and

(c) describing the nature of the interest; and

(d) if the Councillor advised the Chief Executive Officer of the details under paragraph (a)(ii), the Councillor must make a


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disclosure of the class of interest only to the meeting immediately before the matter is considered at the meeting.

Members of Staff

Under Section 80C of the Local Government Act 1989, officers or people engaged under contract to the Council providing a report or advice to Council must disclose any conflicts of interests in the matter, including the type of interest.

Cr Rice had earlier declared an interest of close association in Item 5.1 as his daughter is a casual employee at a private childcare business in Stawell.

The Chief Executive Officer, Mrs Justine Linley, declared a direct interest in Item 14.2 as the item is to consider her employment contract.

07. ASSEMBLIES OF COUNCILLORS

[Justine Linley, Chief Executive Officer] Section 80A of the Local Government Act 1989 requires that the written record of an Assembly of Councillors is, as soon as practicable, reported at an ordinary meeting of the Council and incorporated in the minutes of that Council Meeting. The records for the period since the last ordinary Council meeting are listed below.

Date Description Matters/considered Councillor / Officer making

disclosure

Item No. Left meeting

Y/N

31/8/2015 Agenda Review Briefing

September Council Agenda; Priority Projects

n/a n/a n/a


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7/9/2015 Civic Engagement Briefing

Presentations- VicRoads Project Update, Certificate of service recognition for Pauline Coates; Council Agenda Review

n/a n/a n/a

14/9/2015 Strategic Reports Briefing

Performance Indicators Review of 2014/15; Open Space Sport and Recreation Progress Report; Lord Nelson Park Precinct Plan Implementation Plan; Merit Rollout Update; Taylors Gully Lease.

n/a n/a n/a

21/9/2015 Eco Dev/Planning Taskforce Briefing

Halls Gap Landslide Mapping/Planning Scheme Amendment; Economic Development & Investment Attraction Progress Report; Sale of 14 Wellington Street St Arnaud and 65 Sloane Street Stawell; Sisters Rocks Stawell Complex; Community Engagement Program

n/a n/a n/a

RESOLUTION

That the report on Assemblies of Councillors be approved.

Moved: Cr Kevin ErwinSeconded: Cr Karen Hyslop Carried


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08. ITEMS BROUGHT FORWARD

Nil09. CONSIDERATION OF REPORTS OF OFFICERS

IMPROVE SOCIAL AND ECONOMIC VIABILITY OF THE SHIRE & DELIVER TARGETED PROJECTS AND CORE SERVICES

09.01. Appointment of External Member to Audit Committee

Department: Office of the Chief Executive OfficerAuthor/Position: Mrs Justine Linley, Chief Executive Officer

Summary

The Audit Committee provides an independent overview of Council’s organisational risk and financial position. The Committee currently consists of five members, two Councillors and three external independent representatives.

The resignation of Mr Mike Finch who was one of the external independent committee members has created a vacancy on the committee. The vacancy has been advertised on Council’s website seeking expressions of interest in accordance with the Audit Committee Charter.

One expression of interest has been received for the position which has been evaluated by the Mayor and Chief Executive Officer prior to the meeting.

Recommendation

That Council appoints Mr Rabin Bangaar to the position of Audit Committee Member for a three year term from 5 October 2015 to 4 October 2018.


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RESOLUTION

That Council appoints Mr Rabin Bangaar to the position of Audit Committee Member for a three year term from 5 October 2015 to 4 October 2018.

Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried


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The Audit Committee is an advisory committee established under section 139 of the Local Government Act 1989. An independent Audit Committee is a fundamental component of a good corporate governance structure.

The Audit Committee is guided by its Audit Committee Charter and Audit Committee Guidelines, which include the structure of the committee and process for appointments to the committee.

The Audit Committee comprises two Councillors, appointed annually, and three independent external members, appointed for three year terms, staggered to ensure that there is only one new appointment each year. The Audit Committee Guidelines require all independent external positions to be advertised publicly.

The Mayor and Chief Executive Officer are responsible for evaluating the

applications with regards to the qualities set out in the guidelines, and making a recommendation to Council to appoint the member.

The resignation of Mr Mike Finch who was one of the external independent committee members has created a vacancy on the committee.

The position was advertised on Council’s website, with applications closing on Friday 18 September, 2015. One application has been received from Mr Rabin Bangaar. Mr Bangaar is the Finance Manager for Stawell Regional Health, and will bring a wealth of knowledge and experience to the Audit Committee.

In addition, this is a reciprocal arrangement whereby Mr Vaughan Williams is


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an external member of the Stawell Regional Health Audit Committee. This arrangement not only provides experience and knowledge for the Audit Committee, but also financial savings as the honorarium allowed under the Audit Committee Charter is foregone.Legislation, Council Plan, Strategy and Policy Implications The report is presented in accordance with section 139 of the Local Government Act 1989. Council’s Financial Sustainability Strategy - Providing internal and external audit functions to review Council’s performance, risk management, financial governance and reporting, as outlined in the 2013-2017 Council Plan applies.

Options

Option 1That Council appoints Mr Rabin Bangaar as an independent member to the audit committee. (recommended)

Option 2That Council not appoint an independent member to the audit committee and re-advertise the vacant position. (not recommended)

Reporting


Social No No


Amenity No No


Environmental No No


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Financial Yes No


Consultation

Not applicable



Author - Justine Linley, Chief Executive OfficerIn providing this advice as the author, I have no disclosable interests in this report.

Attachments

Nil


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09.02. C42 Halls Gap Erosion Management Overlay

Department: Environment and Regulatory ServicesBusiness Unit: Infrastructure and EnvironmentDirector: Sanjay Manivasagasivam, Director

Infrastructure and EnvironmentManager Responsible: Warren Groves, Manager Environment and

Regulatory ServicesAuthor/Position: Justine Kingan, Contract Planner

Summary

This report requests Council consent to seek authorisation from the Minister for Planning to prepare Amendment C42 to the Northern Grampians Planning Scheme. Council consent is also sought to publicly exhibit Amendment C42 subject to Ministerial approval to prepare the amendment. Recommendation

That Council:

1. resolves to seek authorisation from the Minister for Planning to prepare Amendment C42 to the Northern Grampians Planning Scheme in accordance with Section 8A of the Planning and Environment Act 1987; and

2. resolves to publicly exhibit Amendment C42 in accordance with the requirements of Section 17 and 19 of the Planning and Environment Act 1987 for a period of four weeks subject to authorisation from the Minister for Planning.

RESOLUTION

That Council:


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1. resolves to seek authorisation from the Minister for Planning to prepare Amendment C42 to the Northern Grampians Planning Scheme in accordance with Section 8A of the Planning and Environment Act 1987; and

2. resolves to publicly exhibit Amendment C42 in accordance with the requirements of Section 17 and 19 of the Planning and Environment Act 1987 for a period of four weeks subject to authorisation from the Minister for Planning.

Moved: Cr Wayne RiceSeconded: Cr Jason Hosemans Carried


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In January 2011, heavy rains across North West Victoria (including parts of the Grampians region) led to extensive flooding and landslides. Landslides in Halls Gap during these 2011 events resulted in damage to public and private property, including dwellings and infrastructure. Council responded quickly by the introduction of the Landslide Susceptibility Policy 2011. This policy was introduced as a quick way of managing development in areas potentially susceptible to landslides. The policy makes clear Council's intention to replace the interim planning control measure with provisions in the Planning Scheme. Following the introduction of this policy, Geotechnical Engineers A. S. Miner and GHD were engaged by Council to investigate, map and provide advice on areas in and around Halls Gap susceptible to landslides. One of the report's key recommendations was that the landslide susceptibility zones be included in a Planning Scheme amendment. Amendment C42 proposes to introduce an Erosion Management Overlay (EMO) to the Northern Grampians Planning Scheme which would allow Council to fulfil its legal duty under the Planning and Environment Act 1997. The EMO mapping covers areas directly susceptible to landslides and is consistent with mapping and recommendations made in a geotechnical investigation commissioned by Council. The amendment would reduce and minimise red tape through a significant drop in the number of properties in Halls Gap currently required to obtain a Landslide Risk Management Assessment. By restricting the EMO map to areas directly susceptible to landslides, planning permit costs and assessment times would be reduced for applicants currently subject to Landslide Susceptibility Policy Item 3.

Importantly, the amendment would provide landholders and potential investors with a far greater level of certainty and clarity about how land within Halls Gap can be developed and what planning permit assessment considerations are made. The amendment would act as a key mitigation measure aimed at


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avoiding and reducing losses and risks to life, property and community infrastructure resulting from landslide events in Halls Gap.

Through building on landslide mitigation measures, Council will also assist in building community resilience in the face of landslide hazards. In the absence of more detailed landslide susceptibility investigations, the only disadvantage to redistricting the EMO mapping to areas known to be susceptible to landslides would be that Council would not assess landslide susceptibility across the broader Halls Gap and Grampians area.

Legislation, Council Plan, Strategy and Policy Implications Planning and Environment Act 1987 Council Plan- Emergency and Risk Strategy: Mitigate risk and plan for emergencies and community recovery by implementing measures to reduce the causes and effects of emergencies. Options

Option 1That Council proceeds with the amendment without change. (Recommended)

Option 2That Council seeks further information with changes. (Not recommended)

Option 3That Council places the amendment on hold and seek further justification. (Not recommended)


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Reporting

Implications Considered in this report?

Implication identified?

Social Yes Yes


Amenity Yes Yes


Environmental Yes Yes

Economic & Marketing Yes Yes

Risk Management Yes Yes

Financial No No

Asset Management Yes Yes

Consultation

Extensive community consultation was undertaken as part of the geotechnical investigation (Northern Grampians Shire Landslide Susceptibility Zoning for Interim Planning Controls, September 2015).

This included a community information session, individual discussions with affected landholders, and a call for public information in the local paper. VicRoads, Parks Victoria and Council staff, Department Land, Water and Environment and Regional Development Victoria were also consulted. Wimmera Catchment Management Authority has recently been consulted with in respect to how the management of landslide risk in Halls Gap relates to


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managing flood risk in Halls Gap. Geotechnical consultant Anthony Miner has also been consulted as part of the preparation of the proposed amendment.

Any future amendment would be placed on public exhibition for the statutory period of one month. During exhibition, a community information session would also be delivered in Halls Gap. Owners and occupiers would be notified as part of the amendment process, including former members of the Halls Gap Community Safety Committee and the Municipal Emergency Management Planning Committee.

All written submissions received would be considered as part of the amendment process and presented at a future Council meeting for feedback. The amendment would be sent to the prescribed Ministers pursuant to the statutory provisions of the Planning and Environment Act 1987. Following public exhibition, submissions and officer recommendations would be presented to Council for consideration. Consultation may also involve a community information sessions in Halls Gap.



Author- Justine KinganIn providing this advice as the author, I have no disclosable interests in this report.

Attachments

9.2.1 Proposed C42 Map9.2.2 Amendment process flow chart


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09.03. Economic Development and Planning Partnerships Report

Department: Economic & CommunityInfrastructure & Environment

Business Unit: Economic GrowthEnvironment & Regulatory Services

Director: Michael Bailey, Director Economic & Community DevelopmentSanjay Manivasagasivam, Director Infrastructure & Environment

Manager Responsible: Debbie Bach, Manager Economic & Community GrowthWarren Groves, Manager Environment & Regulatory Services

Author/Position: Debbie Bach, Manager Economic & Community GrowthWarren Groves, Manager Environment & Regulatory Services

Summary

This report provides information on activities being conducted within the shire by the Business Services Team and the Planning and Development Services Team. Economic growth remains a top priority for both teams, focusing on business support and enabling development across the shire. The information contained in this report, provides not only an important indicator of the administrative work being undertaken by Council in the provision of planning and building services, but also provides an important indicator as to the economic activity that is occurring throughout the municipality. Recommendation

That Council notes the information contained in the officer’s report.


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RESOLUTION

That Council notes the information contained in the officer’s report.

Moved: Cr Karen HyslopSeconded: Cr Wayne Rice Carried


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What is Economic Development? Economic Development is about making the best use of available resources to drive employment growth, investment and economic activity, regardless of the size and budget of the council. The scale of resources can range from a full team of dedicated officers to a conscious effort and application by different team members across the council.

The key to delivering applied and practical economic development outcomes is understanding where we are now, where we would like to be as a community, and the specific actions required to get there.

Economic development infiltrates all parts of Council through the influence of the day-to-day management and planning actions of local government officers in the delivery of important services to local communities. Local Governments have an important role to play in economic development through their ability to influence those things that drive economic growth. The main way that Local Government can influence these drivers is through their key functions, which include:

Advocating● As a community leader, council can successfully engage with the

community and other local, state and federal leaders to lobby for specific actions, resources or change.

Facilitation● Information flow between business and consumers is vital in generating

demand for locally produced products and servicesInvestigation

● Collecting data and undertaking research to improve understanding and inform decisions about improving the economic development of their community.

Planning● The linking of economic development outcomes through documents

such as the Council Plan and Municipal Strategic Statement will


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support continued actioning of economic development initiatives.● Requirements of the planning scheme and land zoning influence the

availability of land for development opportunities and the ease of industry and business development.

Through Northern Grampians Shire Council’s Economic Development and Planning Taskforce, business development is encouraged and supported by a team approach.

Following is a summary of both Planning and Building Permit activity in the Northern Grampians Shire for the period 1 August to 31 August 2015 inclusive.

PLANNING PERMITS

Planning Permits Issued No. Value

Permits issued YTD in 2015 54 $ 9,794,361

Permits issued YTD in 2014 51 $ 11,946,346

Permits issued in August 2015 10 $ 3,619,000

Permits issued in August 2014 2 $ 251,460

Permits under consideration 37 $ 9,753,412

A specific breakdown of the Planning Permit values issued and those under consideration by areas in August 2015 is now provided as follows:

STAWELLAugust YTD Under

Consideration

Business $2,625,000 $ 550,412

Residential $ 868,000 $ 6,746,500


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Rural

Mining

Community

Signage $ 8,000 $ 8,000

Tourist Accommodation

Other $ 1,000

Total $ 8,000 $3,502,000 $ 7,296,912

ST ARNAUDAugust YTD Under

Consideration

Business $ 9,500

Residential $ 200,000 $ 421,000 $ 350,000

Rural

Mining

Community

Signage


Other $ 120,000

Total $ 200,000 $ 550,500 $ 350,000


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HALLS GAPAugust YTD Under

Consideration

Business $ 3,000 $ 8,000

Residential $ 6,000 $ 738,500 $ 1,759,000

Rural

Mining

Community $ 30,000

Signage


Other $ 85,000 $ 85,000

Total $ 91,000 $ 826,500 $ 1,797,000

OTHER AREASAugust YTD Under

Consideration

Business $ 890,000 $ 52,500

Residential $ 580,000 $1,189,201 $ 257,000

Rural $ 20,000 $ 110,000


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Mining

Community $ 5,160

Signage


Other $2,720,000 $2,721,000

Total $3,320,000 $4,915,361 $ 309,500

SUBDIVISIONNo. of Applications No. of Lots

Residential 10 92

Industrial

Figure No. 1 Historical Comparison of Planning Permits Issued (No’s)January – December 2011 – 2015


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Significant Planning Permits Issued:

Significant Planning Permit Applications Received


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BUILDING PERMITS

Building Permits Issued Council

Building Surveyor

Private Building Surveyor

Total Value

Permits issued YTD in 2015 76 27 103 $ 7,256,395

Permits issued YTD in 2014 68 36 104 $ 7,391,538

Permits issued in August 2015

9 1 10 $ 433,204

Permits issued in August 2014

9 1 10 $ 758,286

Figure No. 2 Historical Comparison of Building Permits Issued (No’s) January – December 2011 – 2015


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Significant Building Permits Issued:

6.2015.90.1 1 Holmes Court, Stawell

DJ Gurney $291,000 Dwelling and attached Garage

Legislation, Council Plan, Strategy and Policy Implications Council Plan Objective - Improve the social and economic viability of the shire Options

No options other than for Council to note the officer’s report, are recommended.

Reporting


Social No No


Amenity No No


Environmental No No



Financial No No



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Consultation

No community consultation required.



Debbie Bach, Manager Economic & Community GrowthIn providing this advice as the Manager and Author, I have no disclosable interests in this report.

Warren Groves, Manager Environment and Regulatory ServicesIn providing this advice as the Manager and Author, I have no disclosable interests in this report.

Attachments

Nil


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09.04. Lord Nelson Park Precinct Plan Progress Report

Department: Economic & CommunityBusiness Unit: Economic GrowthDirector: Michael Bailey, Director Economic &

Community DevelopmentManager Responsible: Debbie Bach, Manager Economic &

Community GrowthAuthor/Position: Debbie Bach, Manager Economic &

Community Growth

Summary

Northern Grampians Shire Council has identified that the infrastructure at Lord Nelson Park St Arnaud is aged and many facilities no longer meet all of the requirements of the users, both in amenity and functionality. The usage of Lord Nelson Park has been increasing and this has also put pressure on existing facilities. With the rationalisation of recreational assets across the region there is need for a critical review of the precinct design, accessibility and shared use to ensure the venue is able to cater in the future for the wide and varied users. Recommendation

That Council notes the report and support applications for funding.

RESOLUTION

That Council notes the report and support applications for funding.

Moved: Cr Merrilee ReidSeconded: Cr Tony Driscoll Carried


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Lord Nelson Park, St Arnaud is regarded as the main sporting venue in the North Central region of Victoria, providing community venues, sporting and recreational infrastructure. Lord Nelson Park is home to a range of activities including football, netball, harness racing, hockey, cricket as well as the annual St Arnaud Agricultural Show.

The Lord Nelson Park St Arnaud Precinct Plan project has been set up to deliver a long term Precinct Plan for Lord Nelson Park with a focus on the critical elements of:

- Engagement - Infrastructure requirements - Facility design - Leadership - Governance- Investment required to deliver integrated and well co-ordinated

community, sporting and recreational infrastructure.

The project was set up to build on past community and recreation planning work that has been done in St Arnaud and undertake ‘sound practice’ project development to inform integrated planning processes to develop community infrastructure. The plan provides a structure to empower the community and organisations with accessible facilities and well-designed infrastructure and facilitates the coordination and collaboration between the wide range of partners required to deliver community infrastructure.

The project key objectives as outlined in the project brief were to:

1. Undertake a review of recent and past consultation, engagement and planning activities and documentation to form an understanding of current issues, gaps and opportunities relevant to the community, and in particular the users of Lord Nelson Park.

2. Having regard to recent past consultation, consult with the St Arnaud


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community including existing and future user groups to inform the development of the Lord Nelson Park Precinct Plan.

3. Develop documentation and evidence to support the consultation that has already taken place to enable Lord Nelson Park to be developed to reach its full potential for the current and future needs of the community.

4. Deliver the required documentation to support infrastructure investment to transform existing aged infrastructure into an integrated and well-coordinated community precinct ensuring that Lord Nelson Park community infrastructure:

(i) Is suitably and strategically located.(ii) Meets existing and future community needs including

increased access to participation and programming opportunities, innovative design, function, universal design, environmental sustainability, future proofing and relationship to nearby facilities.

As part of developing the Plan, site assessments looked at the functionality of a number of sports pavilions, buildings, grounds and courts. A site assessment identified issues with the netball courts which are situated within the Lord Nelson Park precinct. As the courts are not level, pooling of water occurs on both courts which often renders the two courts unplayable.

A staged approach to the netball court project is underway with the total cost anticipated to be approximately $180,000. Stage one, which is currently underway, involves a geotechnical assessment to identify what the issues are. This stage will cost $30,000 and has been budgeted for in the current capital works program.

Stage two involves applying for funding through the State Government’s Country Football Netball Program and is likely to be around a $150,000 project. This will include the installation of a retaining wall and the laying of two new courts. The grant will require a contribution from Council which could be spread over two financial years.


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Legislation, Council Plan, Strategy and Policy Implications Council Plan Objectives

1. Improved the social and economic viability of the shire2. Delivered targeted projects and core services

Options

No options, other than for Council to note the report and support applications for funding are recommended.

Reporting


Social Yes No


Amenity No No


Environmental No No

Economic & Marketing Yes No


Financial Yes No


Consultation


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Significant community consultation was held during the compiling of the Lord Nelson Park Precinct Plan with user groups, major stakeholders and the broader St Arnaud community.



Debbie Bach, Manager Economic & Community GrowthIn providing this advice as the Manager and Author, I have no disclosable interests in this report.

Attachments

Nil


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09.05. Proposed Sale of Property- 14 Wellington Street St Arnaud and 65 Sloane St Stawell

Department: Corporate ServicesBusiness Unit: Corporate ServicesDirector: Vaughan Williams, Director Corporate

ServicesAuthor/Position: Vaughan Williams, Director Corporate

Services

Summary

The purpose of this report is for Council to consider the sale of two properties located at 14 Wellington Street St Arnaud and 65 Sloane Street Stawell.

Recommendation

That Council resolves to:

1. sell properties at 14 Wellington Street St Arnaud and 65 Sloane Street Stawell;

2. give notice of its intention to sell 14 Wellington Street St Arnaud and 65 Sloane Street, Stawell; and

3. in respect of the above notice, seek submissions from any person pursuant to section 223 of the Local Government Act 1989.

RESOLUTION

That Council resolves to:

1. sell properties at 14 Wellington Street St Arnaud and 65 Sloane


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Street Stawell on the open market;

2. give notice of its intention to sell 14 Wellington Street St Arnaud and 65 Sloane Street Stawell; and

3. in respect of the above notice, seek submissions from any person pursuant to section 223 of the Local Government Act 1989.

Moved: Cr Karen HyslopSeconded: Cr Wayne Rice Carried


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The two properties have different histories. 65 Sloane Street Stawell was funded under a Federal Government program ACCOG in the early 2000s which provided for rural accommodation for medical and allied health professionals, registrars and students in rural and remote areas.

The program was fully funded and required the Council to maintain conditions of the deed for a period of between 5 to 10 years. Stawell Regional Health has been responsible for day to day maintenance and outgoings. Council has been responsible for capital maintenance and garbage and recycling fees. Stawell Regional Health was entitled to rent the property to eligible tenants and retain the funds. As the grant term started in July 2003, the obligations under that grant have now finished.

14 Wellington Street St Arnaud was funded from a loan borrowed by Council in 1999. East Wimmera Health Service has no equity in the building and have been responsible for day to day maintenance and outgoings. Under the lease terms East Wimmera Health Service did not pay rent on the building. About 6 years ago the East Wimmera Health Service spent money on upgrading the kitchen and bathroom inside the house.

Both properties are unencumbered by any obligations and Council holds clear title. The properties are considered surplus to requirements.

Legislation, Council Plan, Strategy and Policy Implications Improved the social and economic viability of the shire. Options

Option 1: To sell 14 Wellington Street St Arnaud to the East Wimmera Health Service and to sell 65 Sloane Street to Stawell Regional Health.


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Option 2:To sell 14 Wellington Street St Arnaud and 65 Sloane Street on the open market.

Reporting


Social Yes Yes


Amenity Yes Yes


Environmental No No



Financial Yes Yes


Consultation

Both lessees have been consulted about the proposed property sales.




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Vaughan Williams, Director Corporate Services. In providing this advice as the Author, I have no disclosable interests in this report.

Attachments

Nil


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09.06. Intention to enter Lease- 87 D'Arcy Street, Stawell

Department: Economy & CommunityBusiness Unit: Recreation ServicesDirector: Michael Bailey, Director Economic &

Community DevelopmentAuthor/Position: Michael Bailey, Director Economic &

Community Development

Summary

The purpose of this report is for Council to consider entering into a lease with Grampians YMCA for the use of a designated part of 87 D’Arcy Street, Stawell as part of a program to maximise the use of existing facilities. Recommendation

That Council:

1. gives notice of its intention to enter into a lease with the Grampians YMCA for the use of a designated part of 87 D’Arcy Street, Stawell; and

2. in respect of the above notice, seeks submissions from any person pursuant to section 223 of the Local Government Act 1989.

RESOLUTION

That Council:

1. gives notice of its intention to enter into a lease with the Grampians YMCA for the use of a designated part of 87 D’Arcy Street, Stawell; and


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Moved: Cr Wayne RiceSeconded: Cr Karen Hyslop Carried


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Expressions of interest for organisations to lease part of the building at 87 D’Arcy Street Stawell were released in August, 2015 with a site inspection for interested parties also occurring.

Officers then reviewed submissions and scored based on the criteria outlined in the expression of interest documents. Grampians YMCA provided an in-depth detailed submission based on providing activities fitting within the requirements of health, education or public recreation. They also have all the required qualifications, policies and insurances to conduct the numerous community activities outlined in their submission.

The Grampians YMCA aims to develop a community hub at the facility including the provision of activities for all generations of our community. Specific programs and services will be targeted at improving health and social outcomes along with more broad reaching programs such as education for new parents.

The Grampians YMCA will also work collaboratively with the current tenants being the Stawell & District Pre-School Association and Northern Grampians Shire Council Maternal & Child Health Services.

It is expected that should the lease be approved it will commence on 1st January, 2016 with services to the community commencing in February 2016.

Legislation, Council Plan, Strategy and Policy Implications Council Plan objective: Improved the social and economic viability of the shire. Options

Option 1 (Recommended)


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Agree to give public notice of Council’s intention to enter into a lease with the Grampians YMCA for the lease of a designated part of 87 D’Arcy Street, Stawell, and seek submissions on the proposal.

Option 2 (Not recommended) Not to enter into a lease with the Grampians YMCA for the lease of a designated part of 87 D’Arcy Street, Stawell.

Reporting


Social Yes Yes


Amenity Yes Yes


Environmental No No



Financial Yes Yes


Consultation

Community consultation will occur via the giving of public notice. Council is required to consider any submissions received prior to making a formal decision on the proposed leases.


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Director/Author - Michael Bailey, Director Economic & Community DevelopmentIn providing this advice as the Author, I have no disclosable interests in this report.

Attachments

Nil


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09.07. Proposed Leases - Western Highway Community Precinct

Department: Corporate ServicesBusiness Unit: GovernanceDirector: Director Corporate ServicesManager Responsible: Manager Governance & Civic SupportAuthor/Position: Mary Scully, Manager Governance & Civic

Support

Summary

To formalise individual Deeds of Lease with the Stawell Historical Society Inc and Stawell Lions Club for premises at 46-48 Longfield Street Stawell pursuant to section 190 of the Local Government Act 1989. Recommendation

That Council enters into individual Deeds of Lease with the Stawell Historical Society Inc and Stawell Lions Club for premises at 46-48 Longfield Street Stawell.

RESOLUTION

That Council enters into individual Deeds of Lease with the Stawell Historical Society Inc and Stawell Lions Club for premises at 46-48 Longfield Street Stawell.



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At its meeting held on 2 February 2015 Council agreed to enter into individual leases with the Stawell Historical Society Inc and the Stawell Lions Club for commercial premises at 46-48 Longfield Street Stawell which is the new extension to the old court house as part of the Western Highway Community Precinct. Council resolved to give notice of its intention and to seek submissions from any person pursuant to section 223 of the Local Government Act 1989.

Public Notice was given in the Stawell Times News on 28 August 2015 and no submissions were received.


Option 1: Formalise the two individual leases for the use of Commercial Premises at 46-48 Longfield Street Stawell. [Recommended]

Option 2: Agree to take no further action. [Not recommended]

Reporting


Social No No


Amenity No No



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Environmental No No



Financial No No


Consultation

Community consultation occurred via the giving of public notice. Council is required to consider any submissions received prior to making a formal decision on the proposed leases. No submissions were received.



Manager Governance & Civic Support - Mary ScullyIn providing this advice as author, I have no disclosable interests in this report.

Attachments

Nil


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09.08. Community Loan - Verandah Reconstruction

Department: Corporate ServicesBusiness Unit: Corporate ServicesDirector: Vaughan Williams, Director Corporate

ServicesAuthor/Position: John Traill, Acting Finance ManagerAuthor/Position: John Traill, Acting Finance Manager

Summary

The purpose of this report is to provide for an exception to the Community Loans Policy to allow for a 100% loan to reconstruct a verandah at 85 Main Street Stawell. Under the current policy Community Loans are only available if the owner contributes 50% of the value of the project. Recommendation

To provide for an exception to the Community Loans Policy to allow for a 100% loan to reconstruct a verandah at 85 Main Street Stawell.

RESOLUTION

To provide for an exception to the Community Loans Policy to allow for a 100% loan to reconstruct a verandah at 85 Main Street Stawell.

Moved: Cr Karen HyslopSeconded: Cr Jason Hosemans Carried


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The owner of 85 Main Street Stawell has approached Council for assistance through Council’s Community Loans Scheme for the reconstruction of the heritage verandah on the ground floor of this building which is located on the corner of Main Street and Wimmera Street in Stawell.

From historical photos (see attachment) the owner has been able to source lattice work from South Australia that matches that which was used on the original verandah which is presently being held pending the outcome of this request.

This project meets all of the requirements for support through Council’s Community Loans Scheme which nominates that community loans are only available if the owner contributes 50% of the value of the project.

The owner has requested a loan for the full value of the works in this instance to complement the existing restoration works recently undertaken to the building.

It is considered that the addition of a heritage verandah to this building given its location would add significantly to the main street’s character and therefore consideration should be given to making an exception to the Community Loans Policy in this case.


Option 1: To provide for an exception to the Community Loans Policy to allow for a 100% loan to reconstruct a verandah at 85 Main Street Stawell.


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Option 2: Not to provide for an exception to the Community Loans Policy and allow the existing 50% loan to reconstruct a verandah at 85 Main Street Stawell.

Reporting


Social Yes Yes

Heritage/Cultural Yes Yes

Amenity Yes Yes


Environmental Yes Yes



Financial Yes Yes


Consultation

Nil



John Traill, Acting Finance Manager. In providing this advice as the Author, I have no disclosable interests in this


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report.

Attachments

9.8.1 Original building photo and matching lattice work


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09.09. Advocacy Program 2015

Department: CEO’s OfficeBusiness Unit: GovernanceDirector: Corporate ServicesManager Responsible: GovernanceAuthor/Position: Justine Linley, Chief Executive Officer

Summary

Council undertakes various lobbying and advocacy activities as part of its core business. The importance of effective advocacy cannot be underestimated, however, several problems or risks have emerged in the approaches used to date.

In 2014 Council developed a framework for lobbying and advocacy activities, supporting the Council’s Strategic Directions. It was designed to facilitate a more effective, consistent, targeted delivery of the Council’s messages, with specific plans developed to address predetermined key priority issues. It also aims to raise the knowledge and capacity of Councillors and senior management to lobby more effectively and productively so as not to waste or duplicate effort.

The first significant advocacy effort was undertaken in the lead up to the 2014 State Government Election and took the form of targeted discussions and face-to-face meetings and presentations to candidates and MPs. This was followed up by further advocacy meetings with Commonwealth Parliamentarians and advisors in Canberra in March and June 2015. On 16 and 17 September 2015 Councillors and senior management met with Victorian State Parliamentarians in Spring Street Melbourne.

Recommendation

That Council notes the implementation of the 2015 advocacy and


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lobbying program to support the priority projects and issues as identified in the Council Plan and writes a letter of thanks to the respective State Parliamentarians for their time.

RESOLUTION

That Council notes the implementation of the 2015 advocacy and lobbying program to support the priority projects and issues as identified in the Council Plan and writes a letter of thanks to the respective State Parliamentarians for their time.

Moved: Cr Wayne RiceSeconded: Cr Kevin Erwin Carried


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Following the priority projects exercise confirmed by Council at the briefing held on 1 September 2015, there are 42 projects that Council will be actively proceeding with this financial year.

Of the 42 projects some require advocacy intervention at a state government level more than others.

The top projects and topics that Councillors would like to concentrate on in terms of advocacy and lobbying have been identified and individual facts sheets prepared. The fact sheets outline a clear “ask”, and support to ensure that the advocacy is as effective as it can be.

Council also has a range of documents and marketing collateral, including websites and printed material that can be used to assist in lobbying and advocacy. Other supporting documents available include:

● Pitch documents● Annual Reports● Investment Prospectus● Media Releases● Briefing papers● Fact Sheets

The advocacy topics for 2015 fall into two broad categories:Business and Community issuesRegional Project Priorities

Business & Community Issues● Water availability - cost and access issues for farms and businesses ● Local government reform agenda with focus on

○ Funding and sustainability○ Infrastructure funding including roads, bridges, buildings○ HACC - impact of NDIS○ Cemetery Trusts and fees


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○ Shared services with other councils● Capacity building in rural communities

○ Budja Budja Indigenous health services in Halls Gap○ Fiber connectivity for local government facilities○ Aerial photography and GIS systems

● Sport and Recreation○ Facilities- St Arnaud, Lord Nelson Park Master plan (especially

the netball courts), Great Western Recreation○ Stawell Gift 2016 and beyond

Regional Project Priorities● Stawell Tyre Stockpile - risk mitigation and next steps● Stawell Employment and Innovation Zone - SUPL, agriculture, mining,

protected cropping (hydroponics) development● Western Highway Duplication to Stawell● Tourism Development

○ Halls Gap Tourism Resort Town Master plan implementation ○ Grampians Peaks Trail Impact○ Wildlife Arts Museum of Australia (WAMA)○ Grampians Way

● Renewable and Alternative Energy initiatives

The following advocacy fact sheets were prepared and presented to Parliamentarians:

● Local Government reform - 3, 16, 81● Capacity Building● Budja Budja Health Services● The Stawell Gift● Stawell Tyre Pile● Protected Cropping (Hydroponics)● Western Highway Duplication● Sport and Recreation● Tourism Development● Stawell Gold Mine


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● Renewable and alternative energy● Federation University Building-Use Stawell

Meetings were held with the following members of parliament and/or their advisors:

● The Hon. Lisa Neville MP, Minister for Environment, Climate Change and Water

● Advisor to the Hon. Luke Donnellan MP, Minister for Roads and Road Safety; Minister for Ports

● The Hon. Jaala Pulford MP, Minister for Agriculture, Minister for Regional Development

● The Hon. John Eren MP, Minister for Tourism and Major Events; Minister for Sport; Minister for Veterans

● The Hon. Lily d’Ambrosio MP, Minister for Industry; Minister for Energy and Resources

● Advisor to the Hon. Natalie Hutchins MP, Minister for Local Government; Minister for Aboriginal Affairs; Minister for Industrial Relations

● Advisor to the Hon. Jill Hennessy MP, Minister for Health; Minister for Ambulance Services

● Advisor to the Hon. Steve Herbert MP, Minister for Training and Skills● Ms Louise Staley MP, Member for Ripon● Ms Emma Kealy MP, Member for Lowan● Mr Joshua Morris MP, Member for Western Victoria● Mr Simon Ramsay MP, Member for Western Victoria● The Hon. Peter Walsh MP, Leader of The Nationals; Deputy Leader of

the Opposition; Shadow Minister for Agriculture; Shadow Minister for Water

● The Hon. David Davis MP, Shadow Minister for Planning; Shadow Minister for Local Government; Shadow Minister for Equality

● Mr Brad Battin MP, Shadow Minister for Environment; Shadow Minister for Emergency Services

● The Hon. Damian Drum MP, Leader of The Nationals in the Legislative Council; Shadow Minister for Regional Development; Shadow Minister for Veterans; Shadow Minister for Sport


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● The Hon. Heidi Victoria MP, Shadow Minister for Tourism and Major Events; Shadow Minister for Arts and Culture; Shadow Minister for Aboriginal Affairs

● The Hon. Mary Wooldridge MP, Leader of the Opposition in the Legislative Council; Leader of the Liberal Party in the Legislative Council; Shadow Minister for Health

Budget Resources required for lobbying will be determined by the nature and extent of activity undertaken for each individual matter. Some matters may be effectively advocated locally, within existing resources. There is provision in the 2015/2016 budget for advocacy activities.

Legislation, Council Plan, Strategy and Policy Implications The two Council Plan objectives for Northern Grampians Shire Council are:

● To improve the social and economic viability of the shire● To deliver targeted projects and core services

As part of these objectives Council has committed itself to actively promote business, employment and tourism initiatives in a planned way and to advocate for infrastructure and service funding leading to the financial sustainability of the Council and the social sustainability of our communities.

Options

Option 1That Council notes the implementation of the 2015 advocacy and lobbying program to support the priority projects and issues as identified in the Council Plan and writes to thank parliamentarians for their time. (Recommended)

Option 2That Council notes the officer’s report, but declines to place a focus on advocacy and lobbying. (Not recommended)


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Reporting


Social Yes Yes


Amenity No No


Environmental No No



Financial Yes Yes


Consultation

Community groups, organisations and individuals are consulted on specific initiatives identified in the Council Plan.



Chief Executive Officer - Justine LinleyIn providing this advice as the author I have no disclosable interests in this


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report.

Attachments

Nil


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09.10. Intention to Lease Property - Stawell Leisure Centre (Fitopia)

Department: Economy & CommunityBusiness Unit: Recreation ServicesDirector: Michael Bailey, Director Economic &

Community DevelopmentAuthor/Position: Debbie Bach, Manager Economic &

Community Growth

Summary

The purpose of this report is for Council to consider entering into a lease with Fitopia for the use of a designated part of the Stawell Leisure Complex being Squash Courts 5 & 6, Stawell as part of a program to maximise the use of existing facilities. Recommendation

That Council:

1. gives notice of its intention to enter into a lease with Fitopia for the use of a designated part of Stawell Leisure Complex, Stawell; and


RESOLUTION

That Council:

1. gives notice of its intention to enter into a lease with Fitopia for the use of a designated part of Stawell Leisure Complex, Stawell; and

2. in respect of the above notice, seeks submissions from any person


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pursuant to section 223 of the Local Government Act 1989.



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Fitopia commenced leasing squash courts 5 & 6 at Stawell Leisure Complex in November 2007 as a health and lifestyle facility. The owners undertook significant capital works at cost to themselves which has transformed the area into a functional user friendly facility.

The current further term option for their lease is due to expire in November 2016 so to provide security for the business Fitopia has requested a new longer term lease.

It is proposed the Fitopia will continue to provide health and lifestyle coaching.

Legislation, Council Plan, Strategy and Policy Implications Council Plan objective: Improved the social and economic viability of the shire. Options

Option 1 (Recommended)

Agree to give public notice of Council’s intention to enter into a lease with Fitopia for the lease of a designated part of Stawell Leisure Complex, Stawell, and seek submissions on the proposal.

Option 2 (Not recommended) Not to enter into a lease with Fitopia for the lease of a designated part of Stawell Leisure Complex, Stawell.

Reporting



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Social Yes Yes


Amenity Yes Yes


Environmental No No



Financial Yes Yes


Consultation

Community consultation will occur via the giving of public notice. Council is required to consider any submissions received prior to making a formal decision on the proposed leases.



Author - Debbie Bach, Manager Economic & Community GrowthIn providing this advice as the Author, I have no disclosable interests in this report.

Attachments

Nil


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09.11. Proposed Amendment to National Parks Act 1975 - Leases

Department: Economic and Community DevelopmentBusiness Unit: Economic GrowthDirector: Director Economic and CommunityManager Responsible: Manager Economic Growth and DevelopmentAuthor/Position: Justine Linley, CEO

Summary

On 15 September 2015 the Hon. Lisa Neville MP, Minister for the Environment, introduced the National Parks Amendment (No 99 Year Leases) Bill 2015 to state parliament. The Bill seeks to reduce the maximum lease term in National Parks from 99 years to 21 years.

There are two national parks within the Northern Grampians Shire, namely the Kara Kara National Park and the Grampians National Park. Council has supported over many years the appropriate development of infrastructure including private and publically funded investment in both parks. The work undertaken by the Grampians Peaks Trail Taskforce in the development of the successful GPT Master plan, now funded by both Federal and State Governments, was in part based on the surety of the availability of lease terms of up to 99 years in order to secure a greater level of private sector investment. The proposed amendment will compromise the GPT Master plan and restrict the likelihood of leveraging or securing investment from the private sector in this important regional and state project. Recommendation

That Council writes to the Hon. Lisa Neville MP, Minister for Environment, Climate Change and Water requesting that the amendment to the National Parks Act 1975 regarding the proposed reduction of the maximum lease term in National Parks from 99 years to 21 years be withdrawn.


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RESOLUTION

That Council writes to the Hon. Lisa Neville MP, Minister for Environment, Climate Change and Water requesting that the amendment to the National Parks Act 1975 regarding the proposed reduction of the maximum lease term in National Parks from 99 years to 21 years be withdrawn.

Moved: Cr Kevin ErwinSeconded: Cr Merrilee Reid Carried


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On 15 September 2015 the Hon. Lisa Neville MP, Minister for the Environment, introduced the National Parks Amendment (No 99 Year Leases) Bill 2015 to state parliament.

The bill is “for an Act to amend the National Parks Act 1975 to repeal section 19I of that Act to remove the power to grant a lease of any land that may be leased under section 19G of that Act for a term of more than 21 years and not exceeding 99 years and to reduce the maximum term of a lease that may be granted for specific areas of land in specified parks from 99 years to 50 years and for other purposes.”

On 17 September 2015 Grampians Tourism issued the following media statement:

“Grampians Tourism believes the Andrews Labor Government commitment to reduce lease terms for private investment in National Parks from 99 to 21 year lease will greatly affect the private sector’s commitment to invest in regional Victoria. “Nature based tourism is key to the growth of the Visitor Economy and jobs for Western Victoria. Key to that is the development of the Grampians Peaks Trail and the work our region has done to attract the support of the Victorian Government.” Will Flamsteed, CEO of Grampians Tourism said. “Integral to the success is the attraction of private investors to support the development of unique on-park infrastructure,” “Private investment means job generation for Western Victoria and the growth of the tourism sector. Limiting private investment leases to 21 years will not attract the level of investor to create world class experiences in the Grampians National Park.” These comments come as the National Parks Amendment (No 99 Year Leases) Bill 2015, limiting leases in national parks to a maximum of 21


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years, is tabled in Parliament by the Minister for Environment, Climate Change and Water, the Hon Lisa Neville MP. Grampians Tourism requests the Victorian Government to not pass this amendment.”

Legislation, Council Plan, Strategy and Policy Implications Council Plan Objective - Improve the social and economic viability of the shire Options

Option 1 (Recommended)That Council writes to the Hon. Lisa Neville MP, Minister for Environment, Climate Change and Water requesting that the amendment to the National Parks Act 1975 regarding the proposed reduction of the maximum lease term in National Parks from 99 years to 21 years be withdrawn.

Option 2 (Not Recommended)That Council notes that the amendment has been introduced into the Legislative Assembly but declines to make comment or take further action.

Reporting


Social No No


Amenity No No


Environmental No No




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Financial No No


Consultation

Given the short period of time between the Bill being introduced to the Legislative Assembly Council has only been able to undertake initial consultation and has sought comment from Grampians Tourism and a sample of business owners and operators in the region. Further consultation can be conducted if required by Council.



[Chief Executive Officer] - [Justine Linley]In providing this advice as the CEO, I have no disclosable interests in this report.

Attachments

Nil


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10. NOTICES OF MOTION OR RESCISSION

Nil

11. REPORTS FROM COUNCILLORS/COMMITTEES

11.1 Community Access Advisory Group Minutes- 6 August, 2015

Councillors provided brief reports on their activities on behalf of Council since the last Council Meeting.

Cr Hyslop provided a report on the activities of the CAAG and passed on to Council the group’s appreciation for the walkway opposite Waack’s Bakery Stawell, it has made it safer for people with disabilities and shops now more accessible. The group also appreciates the works on Bayliss Street with car parking design making it much safer for pedestrians and other users. Members spoke well of the customer service from Council staff who have acted promptly to their requests.

Cr Hyslop spoke on behalf of StawellBiz to let the community know the festival is up and running this year and to encourage entrants in the parade.

Cr Reid conveyed her thanks to staff and Councillors for their presence in St Arnaud and the support shown to her during Cr Driscoll’s period of leave.

Cr Reid spoke of the St Arnaud Resource Center Annual General Meeting and will report back when confirmation has been received about what is happening there.

Cr Reid also spoke of the seniors visit to Government House with the Mayor at which they attended an awards ceremony, a garden party and a tour of the


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house.

RESOLUTION

That the reports be received.

Moved: Cr Wayne RiceSeconded: Cr Jason Hosemans Carried


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12. URGENT BUSINESS

Cr Hyslop asked that a letter of congratulations for Anna Knights be considered as Urgent Business.

Cr Hyslop asked that a letter of congratulations for Jai Walker be considered as Urgent Business.

Cr Rice asked that a request for landfill at the Stawell Airport be considered as Urgent Business.

RESOLUTION

That the following items be considered as Urgent Business-

12.1 Letter of Congratulations – Anna Knights12.2 Letter of Congratulations – Jai Walker12.3 Supply of Landfill – Stawell Airport

Moved: Cr Kevin ErwinSeconded: Cr Merrilee Reid Carried

12.3 Supply of Landfill – Stawell Airport

MOTION PUT AND LOST

That landfill be provided to vacant land at the Stawell airport.

Moved: Cr Wayne RiceSeconded: Cr Karen Hyslop

12.1 Letter of Congratulations – Anna Knights


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RESOLUTION

That Council sends a letter of congratulations to Anna Knights from Stawell on successfully winning the prestigious Helen Handbury Leadership Award, part of the national Future Leaders Awards.

Moved: Cr Karen HyslopSeconded: Cr Merrilee Reid Carried

12.2 Letter of Congratulations – Jai Walker

RESOLUTION

That Council sends a letter of congratulations to pro scooter, Jai Walker, from Stawell for his success in the sport and his promotion of the sport to the younger generation.

Moved: Cr Karen HyslopSeconded: Cr Merrilee Reid Carried


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14. CLOSURE OF MEETING PURSUANT TO SECTION 89(2) OF THE LOCAL GOVERNMENT ACT 1989

A Council or Special Committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following :

(a) Personnel matters;(b) The personal hardship of any resident or ratepayer;(c) Industrial matters;(d) Contractual matters;(e) Proposed developments;(f) Legal advice;(g) Matters affecting the security of Council property;(h) Any other matter which the Council or Special Committee considers

would prejudice the Council or any other person;(i) A resolution to close the meeting to members of the public.

14.1 Contract- St Arnaud Civic Precinct Project14.2 CEO Employment Contract and Remuneration

RESOLUTION

That items 14.1 and 14.2 be considered in Closed Council as they deal with confidential matters as detailed in section 89 of the Local Government Act 1989.


RESOLUTION


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That the meeting be closed to consider the items listed pursuant to section 89(2) of the Local Government Act 1989.

Moved: Cr Kevin ErwinSeconded: Cr Wayne Rice Carried


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The Chief Executive Officer reported that the following decision had been taken in Closed Council.

14.1 To award Contract No. C1 2015/16 - St. Arnaud Civic Precinct Stage 1 to Onleys Holdings Pty Ltd.

The Director Corporate Services reported that the following decision has been taken in Closed Council.

14.2 That Council authorises the Mayor to sign the Contract of Employment of the Chief Executive Officer Ms Justine Linley for a 5 year period commencing on 10 October 2015.

15. CLOSE

There being no further business, the Mayor declared the meeting closed at 9.00pm.

Confirmed

CR MURRAY EMERSONMAYOR

Date: 9 November 2015

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