ordinary council - shire of augusta–margaret river · regarding any planning application or...

Ordinary Council

MINUTES

FOR THE MEETING TO BE HELD WEDNESDAY, 27 JUNE 2018

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 27 JUNE 2018

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Meeting Notice Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 27 June 2018, commencing at 5:30pm. Yours faithfully

GARY EVERSHED CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER

This agenda has yet to be dealt with by the Council. The Recommendations shown at the foot of each item have yet to be considered by the Council and are not to be interpreted as being the position of the Council. The minutes of the meeting held to discuss this agenda should be read to ascertain the decision of the Council. In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public. No responsibility whatsoever is implied or accepted by the Shire of Augusta Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings. The Shire of Augusta Margaret River disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Augusta Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta Margaret River. The Shire of Augusta Margaret River advises that anyone who has any application lodged with the Shire of Augusta Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta Margaret River in respect of the application. The Shire of Augusta Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 4

2. ATTENDANCE ........................................................................................................................... 4 2.1 APOLOGIES ............................................................................................................................... 4 2. 2 APPROVED LEAVE OF ABSENCE ........................................................................................... 4

3. DISCLOSURES OF INTEREST ................................................................................................. 5

4. PUBLIC QUESTIONS ................................................................................................................ 5 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 5 4.2. PUBLIC QUESTION TIME ......................................................................................................... 5 4.2.1 KPI'S - MR LINTON HODSDON................................................................................................. 5

5. APPLICATIONS FOR LEAVE OF ABSENCE ........................................................................... 6

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 6 6.1 ORDINARY COUNCIL MEETING HELD 13 JUNE 2018 .......................................................... 6

7. DEPUTATIONS .......................................................................................................................... 6

8. PETITIONS ................................................................................................................................. 6

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER......................................................... 6

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ..................... 6

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................... 6

11.1. CHIEF EXECUTIVE OFFICER ................................................................................................... 7 11.1.1 CAPES REGION ORGANISATION OF COUNCILS (CAPEROC) MINUTES - 11

MAY 2018 ................................................................................................................................... 8 11.1.2 REVIEW OF DELEGATIONS ................................................................................................... 14 11.1.3 CEO ANNUAL PERFORMANCE REVIEW .............................................................................. 14

11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 84

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 85

11.4. CORPORATE AND COMMUNITY SERVICES ....................................................................... 87 11.4.1 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 8 MAY

2018 .......................................................................................................................................... 88 11.4.2 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 16 MAY 2018 ........................ 90 11.4.3 LIST OF PAYMENTS FOR MAY 2018 ..................................................................................... 95 11.4.4 2018-19 DRAFT BUDGET ........................................................................................................ 14 11.4.5 SUBMISSIONS ON 2018-19 DIFFERENTIAL RATES AND MINIMUM PAYMENT ................ 14

12. MOTIONS FROM MEMBERS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............ 98 12.1 TRAIL BETWEEN AUGUSTA BOAT HARBOUR AND DEAD FINISH - CR SMART .............. 14

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ..................................................... 124 13.1 POLICY ON ADVERTISING REQUIREMENTS FOR VARIOUS LAND USES - CR

MELDRUM .............................................................................................................................. 124

14. NEW BUSINESS OF AN URGENT NATURE ....................................................................... 124 14.1 MEMBERS .............................................................................................................................. 124 14.2 CEO ........................................................................................................................................ 124

15. CONFIDENTIAL BUSINESS .................................................................................................. 124 15.1 SAT REVIEW - WITHCHLIFFE ECOVILLAGE DAM ............................................................. 125

16. CLOSURE OF MEETING ....................................................................................................... 127


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Minutes of the Ordinary Council Meeting held on Wednesday 27 June 2018, in Council Chambers, 41 Wallcliffe Road, Margaret River, commencing at 5.30pm

Ordinary Council Meeting

1. DECLARATION OF OPENING The Shire President welcomed all in attendance and declared the meeting open at 5.30pm

The Shire President gave an Acknowledgement of Country: ‘I acknowledge and respect the traditional custodians of this land and pay our respects to elders past and present and emerging, whose lands we share.’

2. ATTENDANCE Shire President : Cr Pam Townshend

Councillors : Cr Ian Earl

Cr Naomi Godden Cr Peter Lane Cr Pauline McLeod Cr Julia Meldrum Cr Mike Smart

Acting Chief Executive Officer : Ms Annie Riordan

Director Infrastructure Services : Mr Markus Botte

Acting Manager Planning and Development : Mr Matt Cuthbert

Manager Corporate Services : Mr Andrew Ross Legal Services Coordinator : Mr Ian McLeod Governance and Permit Officer : Ms Emma Rogers (seated in public gallery) Minute Secretary : Ms Claire Schiller

MEMBERS OF THE PUBLIC : 2

MEMBERS OF THE PRESS Augusta Margaret River Times : Warren Hately, AMR Times

2.1 Apologies Chief Executive Officer, Gary Evershed Director Sustainable Development, Dale Putland


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2.2. Approved Leave of Absence

Nil

3. DISCLOSURES OF INTEREST

3.1 Item 15.1 SAT Review Witchcliffe Eco Dam – Financial Interest – Cr Naomi Godden Cr Godden disclosed a financial interest in Item 15.1 SAT Review Witchcliffe Eco Dam as her partner was previously emplyed by Witchcliffe Eco Village and Cr Godden may be employed by Witchcliffe Eco Village in the future.

4. PUBLIC QUESTIONS 4.1. Response to Previous Public Questions Taken on Notice

Nil

4.2. Public Question Time 4.2.1 Mr Linton Hodsdon – KPI’s Cr Lane left Chambers at 5.33pm Cr Lane re-entered Chambers at 5.33pm Q1: You can’t go through every line item in a budget and understand wheather it represents

good administration and fair value to ratepayers. How do you know if a line item is true and correct? Council needs to pick out items for detailed scrunity.

The Shire President provided the following response:

A1: Councillors have had two or three budget workshops where we have scrutinised items line by

line. To delve any further than this would lead to a breakdown in trust. We go through the budget in the spirit of colloquially.

Q2: How do you set a good KPI with a high standard to be met? Last July, in this forum, I

asked Council to audit the Old Settlement situation as an example of a poorly set KPI. Please look at the last KPI set for the property, that was 2012. After following due processes for 10 months, that Councillor should have been able to do in 10 days, I have completed a ‘case study’ of the Old Settlement.


A2: This is a challenge and an ongoing intricate process. We look at all current ideas on management and dynamic, which change all the time. However, we always act in good faith to get a good performance from the CEO. We will ensure the process is robust.

Q3: May I suggest the following as a benchmark template for a single KPI?

a) Were all Council decisions on a matter actioned in good time? b) Was the property made ready to attract the best returns (rent and attraction) with a

Management Plan to ensure property value is maintained and improved over time? c) Were the leases all negotiated and properly reviewed on a regular basis? d) Are the finances comprehensivly accounted in an accurate balance sheet? e) Were all issues arising during use efficiently attended to, with repais and

maintenance implemented to preserve the asset?


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If Council set such a KPI for the Old Settlement last year when I raised it, Council would now be able to award a fail on each of these key points. The Shire President provided the following response:

A3: We will look at your suggestions. Thank you. Q4: Will Council please set a new KPI for the Old Settlement as an individual entity along the

lines suggested here? Although the property is related to walk and cycle trails, there are vesting contraints that need to be addressed in a discrete Management Plan…not least, the contraints of the Old Settlement Reserve Fund.


A4: Councillors will discuss this. Q5: Can this whole presentation be recorded in the minutes, with the concise contextual

preamble included?

The Shire President provided the following response: A5: Yes

5. APPLICATIONS FOR LEAVE OF ABSENCE Nil

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Council Meeting held 13 June 2018

MOTION / COUNCIL DECISION CR MCLEOD, CR SMART OM2018/147 That Council confirms the minutes of the Ordinary Council Meeting held on 13 June 2018 to be a true and correct record of the meeting.

CARRIED 7/0

7. DEPUTATIONS Nil

8. PETITIONS Nil

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER Nil

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPO


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11.1. Chief Executive Officer


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11.1.1 CAPES REGION ORGANISATION OF COUNCILS (CAPEROC) MINUTES - 11 MAY 2018 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/22 REPORT AUTHOR Megan Smith, Executive Assistant AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF • Councils of the Shire of Augusta Margaret River and the City of Busselton established a Voluntary

Regional Organisation of Councils known as the Capes Region Organisation of Councils (CapeROC).

• The CapeROC meets on a quarterly basis, to discuss and identify opportunities to enhance the capacity of both local governments in delivering social, economic and environmental benefits to their communities and the region.

• Decisions made at the CapeROC meetings to date are presented to Council to be noted or endorsed for action.

RECOMMENDATION That Council: 1. Receives the CapeROC meeting minutes dated 11 May 2018 and adopts the recommendations

made; 2. Respectfully declines to participate in a whole of Capes Region Regional Price Preference program; 3. Notes that $50,000 has been allocated in the 2018-19 budget for CapeROC projects and a further

separate $25,000 for the marketing of the Busselton Margaret River Regional Airport; and 4. Endorses that the administrative level Shire staff will work with the City of Busselton to produce a

joint Capes Region Health Plan. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Councils of the local governments of Augusta Margaret River (AMR Shire) and City of Busselton (CoB) resolved to reactivate and formalise the Voluntary Regional Organisation of Councils to be known as the Capes Region Organisation of Councils (CapeROC). The objectives of the CapeROC, contained in the Terms of Reference adopted 24 September 2009, are outlined below: • To explore opportunities to foster economic Development in the Capes Region; • To explore avenues to foster tourism in the Capes Region and improve the coordination of major

regional events; • To safeguard, strengthen and grow the Margaret River and Geographe brands; • To explore opportunities to undertake projects of mutual benefit to the two local governments e.g.

Rails to Trails network; • To develop opportunities to undertake capacity building activities for Councillors and staff in the two

Local Governments; • To explore opportunities to develop funding submissions on a regional basis; • To evaluate possible resource sharing arrangements between the two local governments;


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• To identify skill shortages and to undertake workforce planning on a regional basis; • To explore opportunities to simplify and standardise policies in the region where appropriate; • To consider the feasibility of establishing a Capes Regional Council. The CapeROC meets on a quarterly basis or as required. Thirty one meetings have taken place since the formation of the body. The meeting proceedings are conducted in accordance with the accepted rules of conduct for the two local governments Council and Committee meetings. The CapeROC has no delegated powers and is a facilitation, advocacy and advisory body established to assist both Councils to achieve greater effectiveness and efficiency. CapeROC decisions made are not binding to the two Councils and require endorsement by either Council. This report presents a summary of the CapeROC decisions at the relevant meeting and proposes that Council notes and endorses the decisions for action. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation • CEO, Shire of Augusta Margaret River DISCUSSION / OFFICER COMMENTS CapeROC members discussed a number of issues including updates and progress on budgeted projects and strategies at the meetings. Presentations Nil Business Arising from Previous Meetings Nil REPORTS CapeROC Budget Table 1 shows CapeROC approved allocations for the 2017-2018 financial year indicating that only $20,450 was expended in the year to date.


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Comment Subject to outcomes of reports presented at the meeting, there may be a requirement for either a carry over or a reallocation of funds to next year’s budget, due to projects not being completed and/or funds not being spent. 2018-18 Budget Requirements CapeROC is asked to identify projects to be funded from the 2018/19 budget allocation of up to $100,000 in total subject to each individual Council allocation in their respective 2018/19 budgets towards CapeROC activities. CapeROC DECISION 1. That: CapeROC receives the information provided in the 2017/18 budget allocation report.

2. The Shire of Augusta Margaret River and the City of Busselton each allocate $50,000 of their

individual budgets 2018/19 towards a total CapeROC budget of up to $100,0000 to progress regional economic development initiatives; and

3. CapeROC identifies the following projects and provisional allocations to be included in the

2018/19 CapeROC budget: i. Project: Calendar of Events Amount; $21,700 ii. Project: Joint Trail Strategy Development Amount; $30,000 iii. Project: Tourism Signage Strategy Amount; $30,000 $81,700


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and that the remaining balance of $18,300 be left unallocated for potential future projects. Update of Capes Region Tourist Directional Signage and Roadside Visitor Information RFQ 32/17 Cape Region Tourist Directional Signage and Roadside Visitor Information: Supply of audit, condition and cost report was issued and closed on 15th August 2017. Three submissions were received; GHD Pty Ltd; Core Business Australia; and Coastal Navigation Solutions. At the 18 August CapeROC meeting, council officers were asked to ascertain if any local providers could undertake the requested services as defined within RFQ 32/17 and within the CapeROC budget. It is the opinion of City of Busselton and Shire of Augusta Margaret River officers that GHD Pty Ltd remains the preferred proponent to provide the services as defined within RFQ 32/17. City of Busselton and Shire of Augusta Margaret River will form Principle in Joint, whilst the City of Busselton will take on the role of Project Lead. It is anticipated the Project will commence in mid to late May 2018, once contract and project documentation has been finalised. This item recommends CapeROC note the preferred proponent status of GHD Pty Ltd for RFQ 32/17and consider rolling forward the budget allocation of $30,000 to the 2018/2019 financial year. CapeROC DECISION That CapeROC: 1. Notes the preferred proponent status of GHD Pty Ltd to undertake the scope of works outlined

within RFQ 32/17 Cape Region Tourist Directional Signage and Roadside Visitor Information: Supply of audit, condition and cost report;

2. Notes the City of Busselton and Shire of Augusta Margaret River to act as Principal in Joint and the City of Busselton to act as Project Lead for the Project; and

3. That CapeROC roll the allocated budget of $30,000 into the 2018/2019 financial year. VERBAL UPDATES OF MAJOR PROJECTS AND GENERAL DISCUSSION ITEMS Major Project Updates Mike Archer, Chief Executive Officer, Busselton updated members on the progress of the Busselton Margaret River Airport project, advising that the airside works are now complete and that the Busselton Foreshore redevelopment is nearing completion. Gary Evershed, Chief Executive Officer, Augusta Margaret River updated members on the progress of the Hub of Entertainment Arts and Regional Tourism (HEART) project, Main Street project and the Youth Precinct project, advising that the official opening will be held on 3 June 2018. Major Policy and Strategy Updates The Mayor, City of Busselton advised that the Leeuwin-Naturaliste Sub-Regional Planning Strategy hearings are scheduled to be held on 16 and 17 May 2018. The Director, Finance and Corporate Services, Busselton presented information in relation to the Regional Price Preference Policy and whether a reciprocal arrangement would be advantageous for the CapeROC region. A draft copy of the proposed policy that the City of Busselton were considering was tabled. The Director, Finance and Corporate Services will follow up on this matter with officers from Augusta Margaret River. The notion was generally accepted. CEO Comment The Shire’s Executive Leadership Team (ELT) has had a good look at this proposal and has received feedback from two Councillors and has concerns that a Regional Price Preference Policy for the whole Capes region is likely to disadvantage local suppliers due to the overwhelming number of competitors who operate from within the Busselton Shire. On the surface, it would appear a good idea and more opportunities would be available to local suppliers to compete for City of Busselton job, but in reality the ELT are of the belief that our local suppliers would be cut out of some work if the pool was combined. City of Busselton based suppliers will still be able to compete for work but the local businesses will enjoy the Regional Price Preference.


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General Discussion • Cancellation of Margaret River Pro and Potential Impact on Other Significant Regional Events Discussion was held in relation to this matter with members agreeing that engagement with shark behaviour experts and / or relevant technology experts would be beneficial if such an opportunity arises in the future. Post CapeROC Discussions about Joint Capes Region Health Plan Following the CapeROC meeting the Shire CEO received a request from the City of Busselton CEO to participate in a joint Capes Region Health Plan. Shire staff are keen to participate due to the synergies which will be created by working together and bringing greater intellectual capital to bear on the project. The new Public Health Act 2016, requires local governments to develop a public health plan following the implementation of Part 5 of the Act in approximately four years. Many local governments have started producing public health plans in anticipation of this requirement. A public health plan is a profiling document which provides an analysis of the health status and health determinants of the local population. The plan provides an overview of the public health needs and risks of the community and then outlines priorities that focus on achieving positive public health outcomes. Establishing partnerships with neighbouring local governments is an efficient means of data gathering and analysis. Partnering with the City of Busselton will assist with the development and delivery of public health services across the region. WALGA will host an information session in mid-2018, to advise health not-for profits on how they can assist Local Governments in the programs they use in their Local Public Health Plans. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS The adopted Augusta Margaret River Shire Governance and Business Excellence Policy Manual - 1.9 Council Delegates - provides guidance to Council’s delegates in participating and contributing to decision making for external committees and bodies. Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5 Effective Leadership and Governance Community Outcome 5.1: Effective governance and corporate leadership Strategic Response 5.1.5: Develop effective partnerships and strategic alliances to maximise community benefits Service level strategy/plan 5.1.5.13: Participate and convene CapeROC meetings and hand over secretariat services in 2017 and transfer to the City of Busselton PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Joint media releases following CapeROC meetings will provide a promotional tool to keep the communities informed on CapeROC issues and will demonstrate that the Shire of Augusta Margaret River and the City of Busselton are actively cooperating, sharing resources and identifying issues of commonality to enhance the provision of social, economic and environmental benefits to their communities and region.


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Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Receives the CapeROC meeting minutes dated 11 May 2018 and adopts the recommendations

made; 2. Respectfully declines to participate in a whole of Capes Region Regional Price Preference program; 3. Notes that $50,000 has been allocated in the 2018-19 budget for CapeROC projects and a further

separate $25,000 for the marketing of the Busselton Margaret River Regional Airport; and 4. Endorses that the administrative level Shire staff will work with the City of Busselton to produce a

joint Capes Region Health Plan. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Minutes of the CapeROC meeting held on 11 May 2018 RECOMMENDATION CR EARL, CR SMART That Council: 1. Receives the CapeROC meeting minutes dated 11 May 2018 and adopts the

recommendations made; 2. Respectfully declines to participate in a whole of Capes Region Regional Price Preference

program; 3. Notes that $50,000 has been allocated in the 2018-19 budget for CapeROC projects and a

further separate $25,000 for the marketing of the Busselton Margaret River Regional Airport; and

4. Endorses that the administrative level Shire staff will work with the City of Busselton to produce a joint Capes Region Health Plan.

0/0

Cr Lane foreshadowed the following motion: FORESHADOWED MOTION That the figure $25,000 be removed from point 3. The Acting CEO advised that Council had previously decided to provide funding in the budget, and if the foreshadowed motion was to be put and carried, a motion of revocation would be necesscery. Debate continued on the primary motion. Cr Lane then moved the following amendment: AMENDMENT CR LANE, CR That the following wording be added to point 3: ‘Subject to confirmation of airline involvement.’

0/0 REASON Cr Lane expressed concerns regarding the status of signed airline carriers for the airport. The motion lapsed for want of a seconder.


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Debate continued on the primary motion before being put to vote: PRIMARY MOTION / COUNCIL DECISION CR EARL, CR SMART OM2018/148 That Council: 1. Receives the CapeROC meeting minutes dated 11 May 2018 and adopts the

recommendations made; 2. Respectfully declines to participate in a whole of Capes Region Regional Price Preference

program; 3. Notes that $50,000 has been allocated in the 2018-19 budget for CapeROC projects and a

further separate $25,000 for the marketing of the Busselton Margaret River Regional Airport; and

4. Endorses that the administrative level Shire staff will work with the City of Busselton to produce a joint Capes Region Health Plan.

CARRIED 7/0

11.1.2 REVIEW OF DELEGATIONS


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LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE VTL/130 GOV/40 REPORT AUTHOR Emma Rogers, Governance and Permit Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

This Item was deferred at the 13 June 2018 Ordinary Council Meeting:

PROCEDURAL MOTION / COUNCIL DECISION CR SMART, CR GODDEN OM2018/132 That the item be deferred pending further discussion with the CEO to the next meeting when there will be a full Council.

CARRIED 3/2 CRS LANE AND MCLEOD VOTED AGAINST

IN BRIEF • It is a requirement of Section 5.46 of the Local Government Act 1995 that delegations made by the

Council to the Chief Executive Officer and other officers are reviewed at least once every financial year.

• A revised list of delegations and authorisations of powers and duties is recommended for adoption by Council.

RECOMMENDATION That Council delegates a range of powers and duties to the Chief Executive Officer in accordance with the s 5.42 Local Government Act 1995 effective 1 July 2018. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Pursuant to the Local Government Act 1995 (LGA), the Council has the power to delegate to the Chief Executive Officer (CEO) (Section 5.42). Council can delegate to the CEO, by an absolute majority resolution of Council, the exercise of any of its powers or the discharge of any of its duties from time-to-time and in such manner as the Council determines, excepting certain limitations as outlined below. The CEO has the power to on-delegate to other staff members (section 5.44 LGA 1995). Delegations are to be in writing and a register of delegations is to be kept by the CEO. Limitations to delegating to the CEO under s5.43 of the Local Government Act 1995 A local government cannot delegate to a CEO any of the following powers or duties —

(a) any power or duty that requires a decision of an absolute majority or a 75% majority of the local

government;


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(b) accepting a tender which exceeds an amount determined by the local government for the

purpose of this paragraph;

(c) appointing an auditor;

(d) acquiring or disposing of any property valued at an amount exceeding an amount determined

by the local government for the purpose of this paragraph;

(e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100;

(f) borrowing money on behalf of the local government;

(g) hearing or determining an objection of a kind referred to in section 9.5;

(ha) the power under section 9.49A(4) to authorise a person to sign documents on behalf of the

local government;

(h) any power or duty that requires the approval of the Minister or the Governor;

(i) such other powers or duties as may be prescribed.

Council can delegate to a committee comprising of Council members only, any of the Council’s powers or duties under the LGA, or to a committee comprising of Council members and employees any duties that can be delegated to the CEO. Limitations of delegation of powers and duties to committees are prescribed under s5.17 LGA. There is a requirement under the LGA that all delegations made must be reviewed annually. The opportunity is also taken to review all other delegations to employees provided under alternative legislation. Various other acts such as the Bush Fires Act 1954 and the Building Act 2011 allow for delegations to local government officers by Council. Other Acts such as the Health (Miscellaneous Provisions) Act 1911, Control of Vehicles (Off-road Areas) Act 1978 allow for authorisations to local government officers by Council. The Shire delegations were last reviewed and adopted by Council at the 14 June 2017 Ordinary Meeting of Council. CONSULTATION AND ADVICE External Consultation WALGA Internal Consultation • CEO • Directors • Coordinator Legal Services • Procurement Officer • Building Surveyor

DISCUSSION / OFFICER COMMENTS A review of the delegations by Council under the LGA and other various Acts has been undertaken. The attached Register of Delegations consists of delegations from Council to the CEO under the LGA, and delegations from Council to the CEO and employees under other acts. Each delegation provides information on the respective head of power in the Delegation Register (Attachment 1). The sub-delegations from the CEO to employees are contained in a separate document (Attachment 2). The following table outlines the recommended amendments to delegations made by Council. Amended Delegations (Amendments are shown in red)


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Title Amended Delegation Review Findings Tenders and expressions of interest

a) The CEO is delegated the exercise of powers and the discharge of duties to Publicly invite tenders before the local government enters into a contract for the supply of goods and services over the $150,000 threshold (excluding GST) (Reg 11 LG (F&G) Regulations 1996);

b) Where considered beneficial, publicly invite tenders though not required to do so (Reg 13 LG (F&G) Regulations 1996);

c) Before tenders are publicly invited, determine in writing the criteria for deciding which tender should be accepted (Reg 14(2a) LG (F&G) Regulations 1996);

d) Vary tender information after public notice of invitation to tender and before the close of tenders [F&G Reg.14(5)] (Reg 14(5) LG (F&G) Regulations 1996);

e) Reject a tender (Reg 18(1-3) LG (F&G) Regulations 1996);

f) Seek clarification from tenderers in relation to information contained in their tender submission (Reg 18(4a) LG (F&G) Regulations 1996);

g) Assess by means of written evaluation the extent to which each tender satisfies the criteria for deciding which tender to accept and decide which of them would be the most advantageous for the local government to accept (Reg 18(4) LG (F&G) Regulations 1996);

h) Accept a tender. i) Decline to accept any tender (Reg 18(5) LG

(F&G) Regulations 1996); j) Make minor variations to the goods or services

required, before entering into a contract with the successful tenderer (Reg 20(1) LG (F&G) Regulations 1996);

k) If the successful tenderer is unable or unwilling to enter into a contract to supply the varied agreement or the local government and tenderer cannot reach agreement, select the next most advantageous tender (Reg 20(2) LG (F&G) Regulations 1996);

l) If a contract has not been entered into within 6 months of acceptance of the tender, or the successful tenderer agrees to terminate the contract within 6 months of acceptance, accept another tender that would be next most advantageous to the local government (Reg 18(6)(7) LG (F&G) Regulations 1996);

m) Seek Expressions of Interest before entering the tender process (Reg 21 LG (F&G) Regulations 1996);

n) Consider Expressions of Interest which have not been rejected and decide which of those are capable of satisfactorily providing the goods or services, for listing as acceptable tenderers (Reg 23 LG (F&G) Regulations 1996);

The reviewed tender delegation provides details of the tender requirements under the Regulations, and includes the condition which limits the minor variations to the goods and services required, made before entering into a contract with a successful tenderer to a 10% variance of price tendered or $50,000 (whichever is the lesser amount). Previously the tender delegation was a ‘blanket’ delegation for the tender requirements under the Act and was unclear as to which regulations were covered. The tender threshold for the CEO to award tenders remains the same.


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Conditions Minor variations to the goods and services required may only be negotiated and agreed prior to entering into a contract up to a maximum of 10% of the price tendered, or $50,000, whichever is the lesser amount. Tenders may only be accepted where the consideration under the resulting contract is $250,000 or less, exclusive of GST. This value is established in accordance with s5.43(b) LGA.

Contract Variations Reg 21A LG (Functions and General) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under Regulation 21A LG (Functions and General) Regulations 1996 to vary a contract for the supply of goods or services with a successful tenderer. Conditions Reg 21A LG (F&G) Regulations 1996) –

a) The variation to the contract is necessary in order for the goods or services to be supplied and does not change the scope of the contract; or

b) The variation is a renewal or extension of the term of the contract as per regulation 11(2)(j) LG (F&G) Regulations 1996).

Price variances may not exceed 10% of the contract value, or $50,000, whichever is the lesser amount, in each instance or cumulatively.

This is a new delegation that provides the power for the CEO to vary a contract with a successful tenderer in accordance with the Reg 21A. The delegation is limited to a 10% price variation of the contract value or $50,000 (which ever is the lesser amount). Currently, if a minor contract variation is required due to unforeseen circumstances, a report to Council is required, adding time delays with the project works.

Disposal of land via lease or licence

s3.58 Local Government Act 1995 r30 LG (Functions and General) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA to to dispose of land (including buildings) via lease or licence where the disposition of property is exempt under r30 LG (Functions and General) Regulations 1996.

Rearranged wording of the delegation (without changing the meaning).

Disposal of property

s3.58 Local Government Act 1995

r30 Functions and General Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA:

1. To dispose of property where the disposition is exempt from the requirements of s3.58 LGA by regulation 30 of the LG (Functions and General) Regulations 1996; and

2. Where the disposition of property (other than

land) is not exempt under regulation 30 of the LG (Functions and General) Regulations 1996, to dispose of property (other than land):

a) to the highest bidder at public auction (s3.58(2)(a); or

b) to the person who at public tender called by the local government makes what is, in

The reviewed delegation includes the power to dispose of property (other than land) that has a value not exceeding $50,000, by public auction, tender or public advertising in accordance with the requirements of s3.58 LGA. Currently, if property that is not land has a market value higher than $20,000 (the exempt threshold), such as a vehicle or certain equipment, Council approval is required to dispose of it, in addition to being subject to auction, tender or public


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the opinion of the local government, the most acceptable tender, whether or not it is the highest tender (s3.58(2)(b); or

c) by private treaty only in accordance with s3.58(3) and prior to the disposal, to consider any submissions received following the giving of public notice (s3.58(3)).

Conditions The disposal of property (other than land), for any single project or where not part of a project but part of a single transaction, is limited to a maximum value of $50,000 or less. This value is established in accordance s5.43(d) LGA.

advertising under s3.58 LGA, requiring an officer report to Council on each occasion. The power to dispose of land where the disposition is exempt remains the same.

Power to make payments Part 6 Local Government Act 1995 Regulation 11-13, 19 Local Government (Financial Management) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under Regulations 12,13 LG (Financial Management) Regulations 1996 to make payment from the Municipal Fund, or the Trust Fund.

Regulation 12 & 13 provides the power to make payments from the municipal or trust fund. Reference to the Reserve Fund has been removed (the Shire has no Reserve Fund), and the power to make a payment to a variance of the budget has also been removed. Making payments within a % variance from the budget is dealt with under Regulation 34 where material variances are reported on each month, and each financial year Council adopt a % value in accordance with AAS, to be used in financial activity statements for reporting material variances.

Appointment of authorised persons

s9.10, 9.16, 9,29, 3.31, 3.37-3.48, 3.25-3.26 Local Government Act 1995

The CEO is delegated the exercise of powers and discharge of duties under s9.10 LGA to in writing, appoint persons or classes of persons to be authorised for the purposes of performing particular functions under the LGA, including the functions listed below:

1. s9.16 LGA, to give an infringement notice for an offence committed against a regulation or any AMR Local Law made under the LGA.

2. s9.29 LGA, to represent the Shire of Augusta Margaret River in proceedings in the Magistrates Court, the Children’s Court or the State Administrative Tribunal.

3. s3.37 – 3.48 LGA, to impound abandoned vehicle wrecks and goods involved in certain contraventions.

4. s3.25 LGA, to give a person who is the owner, or the occupier of land a notice in writing requiring the person to do anything to the land that is specified in Schedule 3.1, and inform the owner if the occupier is not the owner of the notice given.

This authorisation is currently not in place, and provides the power to enter property, without the consent of the owner or occupier unless the owner or occupier objects to the entry, if a notice of intended entry has been given.


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5. s3.26 LGA, where if the person who is given a notice fails to comply with it, the authorised officer may do anything that is considered necessary to achieve the purpose for which the notice was given and continue to undertake works that are not carried out by the owner or occupier and recover the costs as a debt.

6. S3.31(2) LGA, power to enter property when a notice has been given under s3.32 LGA of the intended entry and purpose of entry.

7. To exercise the powers and duties of an authorised person under any AMR Local Law.

Building S127 Building Act 2011 Building Regulations 2012

The CEO is delegated the exercise of power and discharge of duties to:

1. approve or refuse to grant or modify building and demolition permits , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below:

a) Section 18 Further information

b) Section 20 Grant of Building Permit

c) Section 21 Grant of Demolition Permit

d) Section 22 Further grounds for not granting an application

e) Section 27 Conditions imposed by permit authority

f) Section 55 Further Information

g) Section 58 Grant of occupancy permit or building approval certificate

h) Section 59 Time for granting occupancy permit or building approval certificate

i) Section 60 Notice of decision not to grant occupancy permit or grant building approval certificate

j) Section 62 Conditions imposed by permit authority

k) Section 65 Extension of period of duration of an occupancy permit or building approval certificate granted for a limited period of time.

l) Section 110 Building Orders

m) Section 117 Revocation of Building Order

n) Section 118 Permit authority may give effect to building order if non-compliance

o) Section 139 Presumptions about authority to do certain things.

2. Initiate a prosecution pursuant to s133(1) for an offence against the Building Act 2011.

This reviewed delegation provides the necessary powers and duties of a permit authority under the Building Act 2011.


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3. Under s96 Building Act 2011, designate an employee of the local government as an authorised person for the purposes of:

a) the Building Act 2011 in relation to buildings and incidental structures located, or proposed to be located, in the district of the local government; and

b) s93(2)(d), to inspect or test an existing building for the purpose of monitoring whether a provision of the regulations is being complied with.

4. Under regulation 70 Building Regulations 2012, appoint an employee of the local government as an authorised officer or approved officer in relation to infringement notices issued for offences prescribed under the Building Regulations 2012.

Condition

Reg 5A Building Regulations 2012 requires that a person authorised for the purposes s93(2)(d) Building Act 2011 have the appropriate experience or qualifications.

Functions under the Food Act 2008 S118, 122, 126, 38 Food Act 2008 Regulation 5 Food Regulations 2009

The CEO is delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, including the functions listed below:

1. s122, to appoint persons to be authorised officers for the purposes of the Food Act 2008;

2. s126, designate authorised officers to perform certain functions under the Food Act 2008;

The Manager Health, Waste and Ranger Services, Coordinator Environmental Health and Events, and Environmental Health Officers are delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, excluding the powers to appoint officers authorisation under s122 and designate authorised officers under s126 Food Act 2008. Conditions s126 (13) Food Act 2008, a person who is a designated officer for the purposes of giving infringement notices under s126(2) is not eligible to be a designated officer for the purposes of withdrawing infringement notices or extending the period of payment time, or any of the other subsections under s126. s122 Food Act 2008 Person to be an authorised officer must have appropriate qualifications and experience to perform the function designated to them or hold office as an environmental health officer under the Public Health Act 2016 and the Health (Miscellaneous Provisions) Act 1911.

Have added the conditions relating to authorised officers having appropriate qualifications and experience as prescribed under s122 Food Act 2008; and, that a person designated to give infringement notices, is not eligible to be designated the power to withdraw, or extend the period of payment of notices in accordance with s126(13) Food Act 2008. Although the requirements under the conditions were already being complied with by the Shire, the inclusion provides a more detailed description within the delegation of the Local Government requirements under the Food Act 2008.


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Bush fires, prohibited burning times and prosecution of offences s 17, 18,48 and s59 Bush Fires Act 1954

The CEO is delegated the exercise the powers and discharge of duties of any Local Government functions under the Bushfires Act 1954. The Shire President and the Chief Bushfire Control Officer are delegated authority to vary prohibited burning times under sections 17(7),(8) and vary restricted burning times under sections 18 Bushfires Act 1954. The Bush Fire Control Officers, Coordinator Legal Services, Coordinator Ranger Services and Rangers are delegated authority to:

a) prosecute offences committed against this Act, in accordance with s59 BFA; and

b) issue infringement notices pursuant to 59A BFA 1954.

Condition Regulation 4a Bushfires (Infringement) Regulations 1978 – only the Shire President or CEO may withdraw an infringement notice.

Added the condition relating to withdrawing infringement notices in accordance with Reg 4a Bushfires (Infringement) Regulations 1978.

This addition provides a more detailed description within the delegation of the Local Government requirements relating to infringement notices under the Bushfires Act 1954.

Also added Coordinator of Legal Services to have the authority to prosecute offences and issue infringement notices.

Administration and enforcement of the Dog Act 1976 S10AADog Act 1976

The CEO is delegated:

a) the powers, duties and functions of the local government under the Dog Act 1976; and

b) the power to appoint officers authorisation for the purposes of performing particular functions under the Dog Act 1976 in accordance with s29(1) of the Dog Act 1976.

Conditions The CEO is authorised to further delegate Part (a) of the delegation above, all powers, duties and functions of the local government under the Dog Act 1976, in accordance with s10AA(3) Dog Act 1976.

For the purposes of Regulation 35(6) of the Dog Regulations 2013, an authorised officer appointed under s29(1), to issue an infringement notice, order, or commence proceedings is not authorised to withdraw any such proceedings.

The express condition to authorise the CEO to further delegate the powers, duties and function of the local government under the Dog Act 1976, in accordance with s10AA(3) has been added.

The second condition relating to issuing and withdrawing infringement notices has been added to provide a more detailed description within the delegation of the Local Government requirements under the Dog act 1976 in relation to infringement notices.

Appointment of authorised officers under the Public Health Act 2016 S21(1)(b)(i) Public Health Act 2016

The CEO is delegated the exercise of powers and discharge of duties to:

a) designate authorised officers to administer and enforce provisions of the Public Health Act 2016 or another specified Act.

Conditions s25 Public Health Act 2016: Certain authorised officers to have qualifications and experience. s30 Public Health Act 2016: An authorised officer by virtue of the designation must be issued a certificate of authority.

Added the conditions relating to authorised officers having appropriate qualifications and experience as prescribed under s25 Public Health Act 2016; and, that an authorised officer must be issued a certificate of authority under s30 Public Health Act 2016.

Authorisations by Council There is no legislative requirement to review authorisations by Council to CEO and employees each year, however, an annual review performed at the same time as the delegation review will enable the Shire to keep up to date with legislative changes, and any amendments required can then be referred to Council. The following table outlines the recommended amendments to authorisations made by Council.


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Title Authorisation Review Findings

Authorisations under the Health Asbestos Regulations 1992 Health Asbestos Regulations 1992. Part 2 Criminal Procedure Act 2004

Under Part 2 of the Criminal Procedure Act 2004, the Council of the Shire of Augusta Margaret River appoints:

i. Environmental Health Officers as authorised officers for the purpose of issuing infringement notices under the Health (Asbestos) Regulations 1992; and

ii. Manager of Health, Waste and Ranger Services and Director Sustainable Development as approved officers for the purposes of extending the period to pay or withdrawing an infringement notice under the Health (Asbestos) Regulations 1992.

Condition An authorised officer cannot also be an approved officer under the Criminal Procedures Act 2004.

The condition was added to provide a more detailed description within the authorisation of the local government requirements relating to infringement notices under the Criminal Procedure Act 2004.

Appointment of authorisations - Control of Vehicles (Off-road Areas) Act 1978 s38(3) Control of Vehicles (Off-road Areas) Act 1978

Under s38(3) Control of Vehicles (Off-road Areas) Act 1978, the Council of the Shire of Augusta-Margaret River appoints the officers holding the following positions authorisation to undertake the powers of an ‘authorised officer’ as prescribed in the Control of Vehicles (Off-road Areas) Act 1978 and regulations.

• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger

Services • Coordinator Ranger Services • Rangers

Conditions The withdrawal of infringement notices can only be approved by the Chief Executive Officer, Director Sustainable Development or Manager Health, Waste and Ranger Services.

Infringement notices can only be issued by Coordinator Ranger Services and Rangers.

This condition is not prescribed in the Control of Vehicles (Off-road Areas) Act 1978, but has been added, as it is good practice to separate the power of issuing of infringement notices from the withdrawal of notices.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 Building Act 2011 Bush Fires Act 1954 Cat Act 2011 Dog Act 1976 Food Act 2008 Liquor Control Act 1988 Public Health Act 2016 Health (Miscellaneous Provisions) Act 1911 Control of Vehicles (Off-road Areas) Act 1978 Local Government (Miscellaneous Provisions) Act 1960 Local Planning Scheme No.1


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Planning and Development Act 2005 Shire of Augusta Margaret River Local Laws STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective Governance and Corporate Leadership Community Outcome 5.1.4 Provide Councillors with high quality and current information for effective decision making. 5.1.4.3: Review Council delegations. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Effective delegations lead to effective use of staff time, which ultimately saves money and allows officers’ time to be spent on achieving higher strategic targets. SUSTAINABILITY IMPLICATIONS In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through integration of environmental protection, social advancement and economic prosperity (Section 1.3 of the Local Government Act 1995). Delegation of powers from Council to employees or a Committee enables decisions to be made in a shorter timeframe. Legislation ensures that staff will be held accountable for any decisions made. There is a saving of staff time in terms of report writing when delegations are used in preference to Council decision-making. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council, having reviewed the delegations currently in place and noting the recommended amendments: 1. Delegates to the CEO under s5.42 LGA, the exercise of powers and the discharge of any of its

duties under the Local Government Act 1995, effective 1 July 2018, as listed below;

2. Delegates to the CEO and other Officers, the exercise of powers and the discharge of any of its duties under the other Acts, effective 1 July 2018, as listed below;

3. Revokes any current delegations not on the list as follows:

Title Relevant Legislation Delegations from Council Local Government Act 1995

1. Administrative structure of the local government


The CEO is delegated the exercise of power and discharge of duties under s5.2 LGA to ensure there is an appropriate structure for administering the local government including the power to change the structure as required to administer the local government.

2. Administering Local Laws

Part 3 & 9 Local Government Act 1995 All AMR Local Laws

The CEO is delegated authority to administer and enforce the provisions of any AMR Local Law made under Division 2 of Part 3 LGA,, determine applications received in accordance with any AMR Local Law, and to otherwise exercise the powers and discharge the duties of the local government under those local laws.

3. Closure of thoroughfares

s3.50, 3.50A & 3.51 Local Government Act 1995



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Reg 4-6 Local Government (Functions and General) Regulations 1996

1. Close any thoroughfare that the Shire manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks pursuant to s3.50(1) LGA;

2. Close any thoroughfare that the Shire manages to the passage of vehicles, wholly or partially, for a period exceeding 4 weeks after giving local public notice of the proposed closure pursuant to s3.50(1a) LGA.

3. Partially and temporarily close a thoroughfare, without giving public notice if the closure- a) is for the purpose of carrying out repairs or

maintenance; and b) Is unlikely to have a significant adverse effect on users

of the thoroughfare; pursuant to s3.50A LGA. 4. Give notice to the owners of the land or any land that is

likely to be adversely affected, of any repairs or maintenance to be done, giving details of the proposal and inviting submissions pursuant to s3.51 LGA.

4. Tenders and

expressions on interest

s3.57Local Government Act Regulation 11 – 24 Local Government (Functions and General) Regulations 1996

The CEO is delegated the exercise of powers and the discharge of duties to:

1. Publicly invite tenders before the local government enters into a contract for the supply of goods and services over the $150,000 threshold (excluding GST) (Reg 11 LG (F&G) Regulations 1996);

2. Where considered beneficial, publicly invite tenders though not required to do so (Reg 13 LG (F&G) Regulations 1996);

3. Before tenders are publicly invited, determine in writing the criteria for deciding which tender should be accepted (Reg 14(2a) LG (F&G) Regulations 1996);

4. Vary tender information after public notice of invitation to tender and before the close of tenders [F&G Reg.14(5)] (Reg 14(5) LG (F&G) Regulations 1996);

5. Reject a tender (Reg 18(1-3) LG (F&G) Regulations 1996);

6. Seek clarification from tenderers in relation to information contained in their tender submission (Reg 18(4a) LG (F&G) Regulations 1996);

7. Assess by means of written evaluation the extent to which each tender satisfies the criteria for deciding which tender to accept and decide which of them would be the most advantageous for the local government to accept (Reg 18(4) LG (F&G) Regulations 1996);

8. Accept a tender. 9. Decline to accept any tender (Reg 18(5) LG (F&G)

Regulations 1996); 10. Make minor variations to the goods or services

required, before entering into a contract with the successful tenderer (Reg 20(1) LG (F&G) Regulations 1996);

11. If the successful tenderer is unable or unwilling to enter into a contract to supply the varied agreement or the local government and tenderer


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cannot reach agreement, select the next most advantageous tender (Reg 20(2) LG (F&G) Regulations 1996);

12. If a contract has not been entered into within 6 months of acceptance of the tender, or the successful tenderer agrees to terminate the contract within 6 months of acceptance, accept another tender that would be next most advantageous to the local government (Reg 18(6)(7) LG (F&G) Regulations 1996);

13. Seek Expressions of Interest before entering the tender process (Reg 21 LG (F&G) Regulations 1996);

14. Consider Expressions of Interest which have not been rejected and decide which of those are capable of satisfactorily providing the goods or services, for listing as acceptable tenderers (Reg 23 LG (F&G) Regulations 1996);


5. Contract

Variations Regulation 21A Local Government (Functions and General) Regulations 1996





6. Disposal of land via lease or licence


The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA to dispose of land (including buildings) via lease or licence where the disposition is exempt under r30 LG (Functions and General) Regulations 1996.

7. Disposal of property

s3.58 Local Government Act 1995 r30 Functions and General Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA: 1. To dispose of property where the disposition is exempt

from the requirements of s3.58 LGA by regulation 30 of the LG (Functions and General) Regulations 1996; and


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2. Where the disposition of property (other than land) is not exempt under regulation 30 of the LG (Functions and General) Regulations 1996, to dispose of property (other than land):

a) to the highest bidder at public auction (s3.58(2)(a); or b) to the person who at public tender called by the local

government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender (s3.58(2)(b); or



8. Power to make Payments

Part 6 Local Government Act 1995 Regulation 11-13, 19 Local Government (Financial Management) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under Regulations 12,13 LG (Financial Management) Regulations 1996, to make payment from the Municipal Fund or the Trust Fund.

9. Write off of debts, and waive or grant concessions

s6.12 Local Government Act

The CEO is delegated the exercise of powers and discharge of duties under s6.12 LGA to:

a) waive or grant concessions in relation to money owed to the Shire (excluding rate concessions); and

b) to write off money which is owed to the Shire;

to a value not exceeding $3,000. 10. Power to invest s6.14 Local

Government Act Regulation 19 Local Government (Financial Management) Regulations 1996

The CEO is delegated the exercise of power and discharge of duties to invest surplus funds in accordance with s6.14 LGA, r19 LG (Financial Management) Regulations 1996 and Council’s adopted policies.

11. Agreement as to payment of rates and service charges


The CEO is delegated the exercise of power and discharge of duties under s6.49 LGA to accept payment of a rate or service charge due and payable by a person in accordance with an agreement made with the person.

12. Rateable Land Exemptions

S6.26 Local Government Act 1995

The CEO is delegated the exercise of power and discharge of duties under s6.26 LGA, to determine rate exemption applications.

13. Taking action on unpaid rates


The CEO is delegated the exercise of power and discharge of duties under s6.64 LGA, where, if any rates or service charges due to the local government remain unpaid for at least 3 years, to take possession of the land and hold the land as against a person having an estate or interest in the land, and:

a) from time to time lease the land; or b) sell the land; or c) cause the land to be transferred to the Crown; or d) cause the land to be transferred to itself.


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14. Appointment of

authorised persons

s9.10, 9.16, 9,29, 3.37-3.48, 3.31, 3.25-3.26 Local Government Act 1995







6. s3.31(2) LGA, power to enter property when a notice has been given under s3.32 LGA of the intended entry and purpose of entry.


Other Acts 15. LG

(Miscellaneous Provisions) Act 1960 – Impounding Cattle

Part XX LG (Miscellaneous Provisions) Act 1960

The CEO is delegated the exercise of powers and the discharge of duties to appoint persons authorisation to establish and maintain public pounds, and impound cattle in accordance with s448-449 LG (Miscellaneous Provisions) Act 1960, and to otherwise exercise the powers and discharge the duties of the local government under Part XX LG (Miscellaneous Provisions) Act 1960.

16. Building Division 2 of Part 2 Building Act 2011 Divisions 1,2 and 3 of Part 4 Building Act 2011 Reg 5A Building Regulations 2012 – Authorised Persons Reg 70 Building Regulations 2012 – Infringement Notices


1. approve or refuse to grant or modify building and demolition permits , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below: a) Section 18 Further information b) Section 20 Grant of Building Permit c) Section 21 Grant of Demolition Permit d) Section 22 Further grounds for not granting an

application e) Section 27 Conditions imposed by permit authority f) Section 55 Further information g) Section 58 Grant of occupancy permit or building

approval certificate h) Section 59 Time for granting occupancy permit or

building approval certificate


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j) Section 62 Conditions imposed by permit authority k) Section 65 Extension of period of duration of an

occupancy permit or building approval certificate granted for a limited period of time.

l) Section 110 Building Orders m) Section 117 Revocation of Building Order n) Section 118 Permit authority may give effect to

building order if non-compliance o) Section 139 Presumptions about authority to do

certain things. 2. Initiate a prosecution pursuant to s133(1) for an

offence against the Building Act 2011. 3. Under s96 Building Act 2011, designate an employee

of the local government as an authorised person for the purposes of: a) the Building Act 2011 in relation to buildings and

incidental structures located, or proposed to be located, in the district of the local government; and



Conditions


17. Planning Local Government Act

1995 Planning and Development Act 2005 Shire of Augusta Margaret River Local Planning Scheme 1.

Under Clause 82(1) of the Deemed Provisions of the Local Planning Scheme No.1 the CEO is delegated the exercise of power and discharge of duties to: 1. Make determinations on the sufficiency of information

provided with applications for development approval pursuant to Clause 63 of the Deemed Provisions of LPS1.

2. Advertise and provide notice of applications for development approval pursuant to clause 64of the Deemed Provisions of LPS1.

3. Determine applications pursuant to Part 9 of the Deemed Provisions of LPS1 for development approval including:

a) any conditions to be imposed; b) the period of validity of the approval; and c) extension to the term of development approval

pursuant to Clause 77 of the Deemed Provisions where no variations to Council Policy or Scheme

Standards are proposed. 4. Determine applications where variations to Development

requirements of LPS1 pursuant to clauses 4.21.2 (variation to Building Envelope), 5.5 (variations to site development standards), 5.10.2 (variation to building envelopes), and 59


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of the Deemed Provisions (Amendment of local development plan) are proposed.

5. Any matter prescribed under the Residential Planning Codes including variations and determinations under performance criteria.

6. Require the repair of any advertisement pursuant to clause 80 the Deemed Provisions of LPS 1

7. Prescribe, vary, specify and determine any requirements, standards or limitations which may be prescribed, varied, specified or determined under the Scheme with respect to the use or development of land or buildings where not inconsistent with Council Policy;

8. Accept and determine cash-in-lieu payments; 9. Determine amended applications for development

approval lodged pursuant to clause 77 of the Deemed Provisions;

10. Make determinations to vary provisions pursuant to clause 12 of the Deemed Provisions of LPS1 to facilitate the conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990;

11. Make any determinations and exercise any discretionary powers contained within LPS1 and in any schedules of LPS1;

12. Determine land use pursuant to clause 4.4 of LPS1 13. Determine built strata applications that have been

delegated to the Shire of Augusta Margaret River by the WAPC pursuant to Section 25(1) of the Strata Title Act 1985 and impose any relevant planning conditions.

14. Determine that a structure plan complies with clause 16(1) of the Deemed Provisions of LPS1.

15. Appoint officers authorisation to, at all reasonable times and with such assistance as may be required, enter any building or land for the purpose of ascertaining whether the provisions of the Scheme are being observed, pursuant to clause 79 of the Deemed Provisions of LPS1.

18. Directions under

s214 Planning and Development Act 2005

S214 Planning and Development Act 2005 and s5.42 Local Government Act 1995

The CEO is delegated the exercise of powers or the discharge of duties to give directions under the Planning and Development Act 2005 section 214(2), (3) and (5).

19. Functions under the Food Act 2008

S, 118, 122, 126, 38 Food Act 2008 Regulation 5 Food Regulations 2009




The Manager Health, Waste and Ranger Services, Coordinator Environmental Health and Events, and Environmental Health Officers are delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, excluding the powers to appoint officers authorisation under s122 and designate authorised officers under s126 Food Act 2008. Conditions s126 (13) Food Act 2008, a person who is a designated officer for the purposes of giving infringement notices under s126(2)


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is not eligible to be a designated officer for the purposes of withdrawing infringement notices or extending the period of payment time, or any of the other subsections under s126. s122 Food Act 2008 Person to be an authorised officer must have appropriate qualifications and experience to perform the function designated to them or hold office as an environmental health officer under the Public Health Act 2016 and the Health (Miscellaneous Provisions) Act 1911.

20 Bush fires, prohibited burning times and prosecution of offences

s 17, 18,48 and s59 Bush Fires Act 1954



b) issue infringement notices pursuant to 59A BFA 1954. Condition

Regulation 4a Bushfires (Infringement) Regulations 1978 – only the Shire President or CEO may withdraw an infringement notice.

21 Functions of the Cat Act 2011

S44 Cat Act 2011 The CEO is delegated:

a) the powers, duties and functions of the local government under the Cat Act 2011; and

b) the power to appoint officers authorisation for the purposes of performing particular functions under the Act in accordance with s48 Cat Act 2011.

Condition For the purposes of s45(6) Cat Act 2011, a power or duty under sections 63 (content of an infringement notice) ,64 (extension of time) ,65 (withdrawal of notice) cannot be delegated to an authorised person.

22 Administration and enforcement of the Dog Act 1976

S10AADog Act 1976 The CEO is delegated:




For the purposes of Regulation 35(6) of the Dog Regulations 2013, an authorised officer appointed under s29(1), to issue


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an infringement notice, order, or commence proceedings is not authorised to withdraw any such proceedings.

23 Appointment of authorised officers under the Public Health Act 2016

S24 Public Health Act 2016 s30 Public Health Act 2016


a) s24 Public Health Act 2016 - designate a person or class of persons as authorised officers for the purposes of the Public Health Act 2016 or another specified Act.


4. Updates all sub-delegations from the CEO to employees in accordance with the approved

delegations;

5. Notes that no Council Committees have any delegated authority under the Local Government Act 1995;

6. Authorises the CEO and other Officers, the exercise of powers and the discharge of any of its duties

under the various Acts, effective 1 July 2018, as listed below:

Title Relevant legislation Authorisation

24. Execution of Documents

s9.49A LGA 1. Under section 9.49A(4, 5) Local Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Chief Executive Officer, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River.

2. Under section 9.49A(4, 5) Local Government Act

1995, the Council of the Shire of Augusta Margaret River authorises the Director Sustainable Development, Director Corporate and Community Services and Director Infrastructure Services, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River when the CEO is unavailable.

3. Under section 9.49A(2) Local Government Act 1995,

the Council of the Shire of Augusta Margaret River authorises the Common Seal to be affixed to the following documents as required: • Any document relating to a disposition in

property, where that disposition is undertaken in accordance with section 3.58 LGA.

• Any document created or executed on behalf of the Local Government that is required to be lodged with the Registrar of Titles.

• Local Planning Scheme and Local Planning Scheme Amendments, where amendment has been approved by Council.

• Adoption or Repeal of Local Laws where all procedures under s3.12 LGA have been complied with.


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25. Authorisations under the Health (Miscellaneous Provisions) Act 1911

s26 Health (Miscellaneous Provisions) Act 1911

Under the provisions of s26 Health (Miscellaneous Provisions) Act 1911 (as amended), the Council of the Shire of Augusta Margaret River hereby appoints the officers holding the following positions authorisation to discharge the powers and functions of the local government under the Health (Miscellaneous Provisions) Act 1911:

• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Environmental Health and Events • Environmental Health Officers

26. Authorisations

under the Health Asbestos Regulations 1992

Health Asbestos Regulations 1992. Part 2 Criminal Procedure Act 2004


a) Environmental Health Officers as authorised officers for the purpose of issuing infringement notices under the Health (Asbestos) Regulations 1992; and

b) Manager of Health, Waste and Ranger Services and Director Sustainable Development as approved officers for the purposes of extending the period to pay or withdrawing an infringement notice under the Health (Asbestos) Regulations 1992.


27. Appointment of authorisations - Control of Vehicles (Off-road Areas) Act 1978

s38(3) Control of Vehicles (Off-road Areas) Act 1978


• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Ranger Services • Rangers



ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Register of Delegations – Delegations from Council

2. Register of Delegations – Delegations from CEO to Employees


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ADDENDUM 11.1.2 REVIEW OF DELEGATIONS LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE VTL/13, GOV/40 REPORT AUTHOR Emma Rogers, Governance and Permit Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

The officers’ recommendation has been modified as follows: In point 4 of the recommendation the words ‘Notes that the CEO will update’ have been inserted. REASON Updating the list of on delegations from the CEO is the role of the CEO and not of Council. MODIFIED RECOMMENDATION That Council, having reviewed the delegations currently in place and noting the recommended amendments: 1. Delegates to the CEO under s5.42 LGA, the exercise of powers and the discharge of any of its

duties under the Local Government Act 1995, effective 1 July 2018, as listed below;











s3.50, 3.50A & 3.51 Local Government Act 1995 Reg 4-6 Local Government (Functions and General) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties to: 1. Close any thoroughfare that the Shire manages to

the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks pursuant to s3.50(1) LGA;

2. Close any thoroughfare that the Shire manages to the passage of vehicles, wholly or partially, for a period exceeding 4 weeks after giving local public


35

notice of the proposed closure pursuant to s3.50(1a) LGA.

3. Partially and temporarily close a thoroughfare, without giving public notice if the closure- a) is for the purpose of carrying out repairs or

maintenance; and b) Is unlikely to have a significant adverse effect on

users of the thoroughfare; pursuant to s3.50A LGA. 4. Give notice to the owners of the land or any land that

is likely to be adversely affected, of any repairs or maintenance to be done, giving details of the proposal and inviting submissions pursuant to s3.51 LGA.

4. Tenders and




1. Publicly invite tenders before the local government enters into a contract for the supply of goods and services over the $150,000 threshold (excluding GST) (Reg 11 LG (F&G) Regulations 1996);







8. Accept a tender. 9. Decline to accept any tender (Reg 18(5) LG

(F&G) Regulations 1996); 10. Make minor variations to the goods or

services required, before entering into a contract with the successful tenderer (Reg 20(1) LG (F&G) Regulations 1996);

11. If the successful tenderer is unable or unwilling to enter into a contract to supply the varied agreement or the local government and tenderer cannot reach agreement,


36

select the next most advantageous tender (Reg 20(2) LG (F&G) Regulations 1996);





5. Contract










37



The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA: 1. To dispose of property where the disposition is

exempt from the requirements of s3.58 LGA by regulation 30 of the LG (Functions and General) Regulations 1996; and

2. Where the disposition of property (other than land) is

not exempt under regulation 30 of the LG (Functions and General) Regulations 1996, to dispose of property (other than land):

a) to the highest bidder at public auction

(s3.58(2)(a); or b) to the person who at public tender called by the

local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender (s3.58(2)(b); or














11. Agreement as to payment of


The CEO is delegated the exercise of power and discharge of duties under s6.49 LGA to accept payment of a rate or service charge due and payable by a person


38

rates and service charges

in accordance with an agreement made with the person.







a) from time to time lease the land; or b) sell the land; or c) cause the land to be transferred to the Crown; or d) cause the land to be transferred to itself.

14. Appointment of

authorised persons

s9.10, 9.16, 9,29, 3.37-3.48, 3.31, 3.25-3.26 Local Government Act 1995









Other Acts 15. LG



The CEO is delegated the exercise of powers and the discharge of duties to appoint persons authorisation to establish and maintain public pounds, and impound cattle in accordance with s448-449 LG (Miscellaneous Provisions) Act 1960, and to otherwise exercise the powers and discharge the duties of the local


39

government under Part XX LG (Miscellaneous Provisions) Act 1960.



1. approve or refuse to grant or modify building and demolition permits , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below: a) Section 18 Further information b) Section 20 Grant of Building Permit c) Section 21 Grant of Demolition Permit d) Section 22 Further grounds for not granting

an application e) Section 27 Conditions imposed by permit

authority f) Section 55 Further information g) Section 58 Grant of occupancy permit or

building approval certificate h) Section 59 Time for granting occupancy

permit or building approval certificate i) Section 60 Notice of decision not to grant

occupancy permit or grant building approval certificate



l) Section 110 Building Orders m) Section 117 Revocation of Building Order n) Section 118 Permit authority may give effect

to building order if non-compliance o) Section 139 Presumptions about authority to

do certain things. 2. Initiate a prosecution pursuant to s133(1) for an

offence against the Building Act 2011. 3. Under s96 Building Act 2011, designate an

employee of the local government as an authorised person for the purposes of: a) the Building Act 2011 in relation to

buildings and incidental structures located, or proposed to be located, in the district of the local government; and




40

Conditions


17. Planning Local Government

Act 1995 Planning and Development Act 2005 Shire of Augusta Margaret River Local Planning Scheme 1.

Under Clause 82(1) of the Deemed Provisions of the Local Planning Scheme No.1 the CEO is delegated the exercise of power and discharge of duties to: 1. Make determinations on the sufficiency of

information provided with applications for development approval pursuant to Clause 63 of the Deemed Provisions of LPS1.



a) any conditions to be imposed; b) the period of validity of the approval; and c) extension to the term of development

approval pursuant to Clause 77 of the Deemed Provisions

where no variations to Council Policy or Scheme Standards are proposed.

4. Determine applications where variations to Development requirements of LPS1 pursuant to clauses 4.21.2 (variation to Building Envelope), 5.5 (variations to site development standards), 5.10.2 (variation to building envelopes), and 59 of the Deemed Provisions (Amendment of local development plan) are proposed.




8. Accept and determine cash-in-lieu payments; 9. Determine amended applications for development

approval lodged pursuant to clause 77 of the Deemed Provisions;



12. Determine land use pursuant to clause 4.4 of LPS1 13. Determine built strata applications that have been

delegated to the Shire of Augusta Margaret River by the WAPC pursuant to Section 25(1) of the Strata


41

Title Act 1985 and impose any relevant planning conditions.













2 Bush fires, prohibited burning times and prosecution of offences




42



Condition


2 Functions of the Cat Act 2011





2 Administration and enforcement of the Dog Act 1976






2 Appointment of authorised officers under the Public Health Act 2016



a) s24 Public Health Act 2016 - designate a person or class of persons as authorised officers for the purposes of the Public Health Act 2016 or another specified Act.



43

4. Notes that the CEO will update all sub-delegations from the CEO to employees in accordance with

the approved delegations;


6. Authorises the CEO and other Officers, the exercise of powers and the discharge of any of its duties

under the various Acts, effective 1 July 2018, as listed below:






3. Under section 9.49A(2) Local Government Act 1995,

the Council of the Shire of Augusta Margaret River authorises the Common Seal to be affixed to the following documents as required: • Any document relating to a disposition in








• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Environmental Health and Events • Environmental Health Officers


44

26. Authorisations under the Health Asbestos Regulations 1992



a) Environmental Health Officers as authorised officers for the purpose of issuing infringement notices under the Health (Asbestos) Regulations 1992; and






• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Ranger Services • Rangers



The Acting CEO addressed the meeting, noting that a minor administrative modification to the officer’s recommendation has been made as follows: In delegation 14, Appointment of authorised persons, the following words have been inserted, “and s3.24 LGA”. REASON Minor administrative error, the reference to s3.24 LGA was unintentionally left out of the delegation 14. The wording is required to provide the power for the appointment of authorisation under s3.25 and 3.26 LGA within the delegation.


45

MODIFIED RECOMMENDATION CR EARL, CR LANE That Council, having reviewed the delegations currently in place and noting the recommended amendments: 1. Delegates to the CEO under s5.42 LGA, the exercise of powers and the discharge of any of

its duties under the Local Government Act 1995, effective 1 July 2018, as listed below;












The CEO is delegated the exercise of powers and discharge of duties to: 1. Close any thoroughfare that the Shire manages

to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks pursuant to s3.50(1) LGA;


3. Partially and temporarily close a thoroughfare, without giving public notice if the closure-

a) is for the purpose of carrying out repairs or maintenance; and

b) Is unlikely to have a significant adverse effect on users of the thoroughfare;

pursuant to s3.50A LGA. 4. Give notice to the owners of the land or any land

that is likely to be adversely affected, of any repairs or maintenance to be done, giving details of the proposal and inviting submissions pursuant to s3.51 LGA.

4. Tenders and


s3.57Local Government Act Regulation 11 – 24 Local Government (Functions and


1. Publicly invite tenders before the local government enters into a contract for the supply of goods and services over the


46

General) Regulations 1996

$150,000 threshold (excluding GST) (Reg 11 LG (F&G) Regulations 1996);







8. Accept a tender. 9. Decline to accept any tender (Reg 18(5)

LG (F&G) Regulations 1996); 10. Make minor variations to the goods or


11. If the successful tenderer is unable or unwilling to enter into a contract to supply the varied agreement or the local government and tenderer cannot reach agreement, select the next most advantageous tender (Reg 20(2) LG (F&G) Regulations 1996);




Conditions


47

Minor variations to the goods and services required may only be negotiated and agreed prior to entering into a contract up to a maximum of 10% of the price tendered, or $50,000, whichever is the lesser amount. Tenders may only be accepted where the consideration under the resulting contract is $250,000 or less, exclusive of GST. This value is established in accordance with s5.43(b) LGA.

5. Contract
















(s3.58(2)(a); or b) to the person who at public tender called by

the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender (s3.58(2)(b); or


48























e) from time to time lease the land; or f) sell the land; or g) cause the land to be transferred to the

Crown; or h) cause the land to be transferred to itself.


49

14. Appointment of authorised persons

s9.10, 9.16, 9,29, 3.37-3.48, 3.31, 3.25-3.26 Local Government Act 1995 and s3.24 LGA









Other Acts 15. LG






1. approve or refuse to grant or modify building and demolition permits , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below: a) Section 18 Further information b) Section 20 Grant of Building Permit c) Section 21 Grant of Demolition Permit


50

d) Section 22 Further grounds for not granting an application

e) Section 27 Conditions imposed by permit authority

f) Section 55 Further information g) Section 58 Grant of occupancy permit or






l) Section 110 Building Orders m) Section 117 Revocation of Building Order n) Section 118 Permit authority may give

effect to building order if non-compliance o) Section 139 Presumptions about

authority to do certain things. 2. Initiate a prosecution pursuant to s133(1) for

an offence against the Building Act 2011. 3. Under s96 Building Act 2011, designate an

employee of the local government as an authorised person for the purposes of:

a) the Building Act 2011 in relation to buildings and incidental structures located, or proposed to be located, in the district of the local government; and b) s93(2)(d), to inspect or test an existing

building for the purpose of monitoring whether a provision of the regulations is being complied with.


Conditions



Act 1995 Planning and Development Act 2005 Shire of Augusta Margaret River




51

Local Planning Scheme 1.










8. Accept and determine cash-in-lieu payments; 9. Determine amended applications for

development approval lodged pursuant to clause 77 of the Deemed Provisions;



12. Determine land use pursuant to clause 4.4 of LPS1

13. Determine built strata applications that have been delegated to the Shire of Augusta Margaret River by the WAPC pursuant to Section 25(1) of the Strata Title Act 1985 and impose any relevant planning conditions.




52

18. Directions under s214 Planning and Development Act 2005









21. Bush fires, prohibited burning times and prosecution of offences





Condition


53


22. Functions of the Cat Act 2011





23. Administration and enforcement of the Dog Act 1976






24. Appointment of authorised officers under the Public Health Act 2016


The CEO is delegated the exercise of powers and discharge of duties to: a) s24 Public Health Act 2016 - designate a person

or class of persons as authorised officers for the purposes of the Public Health Act 2016 or another specified Act.


4. Notes that the CEO will update all sub-delegations from the CEO to employees in accordance

with the approved delegations;


54


6. Authorises the CEO and other Officers, the exercise of powers and the discharge of any of

its duties under the various Acts, effective 1 July 2018, as listed below:






6. Under section 9.49A(2) Local Government Act

1995, the Council of the Shire of Augusta Margaret River authorises the Common Seal to be affixed to the following documents as required: • Any document relating to a disposition in









Services • Coordinator Environmental Health and

Events • Environmental Health Officers


55

27. Authorisations under the Health Asbestos Regulations 1992



c) Environmental Health Officers as authorised officers for the purpose of issuing infringement notices under the Health (Asbestos) Regulations 1992; and

d) Manager of Health, Waste and Ranger Services and Director Sustainable Development as approved officers for the purposes of extending the period to pay or withdrawing an infringement notice under the Health (Asbestos) Regulations 1992.









0/0 Cr Meldrum moved the following amendment: AMENDMENT CR MELDRUM, CR GODDEN That the notation ‘the CEO to notify Council each time the delegation is exercised’ be added to the following Delegations:

• 3. Closure of thoroughfares o The CEO is to notify Council each time the delegation is exercised in relation to

a closure of a thoroughfare under s3.50(1a) for a period of more than 4 weeks.

• 4. Tender – where tender price may exceed budget; and o The CEO is to notify Council each time the delegation is exercised where

tender price may exceed budget i


56

• 5. Contract variations. o The CEO is to notify Council each time the delegation is exercised.

0/0 REASON A reason was not provided. Following debate, Cr Meldrum, with consent of the seconder, amended the motion by omitting amendments to Delegations 4 and 5. The amendment was then as follows: AMENDMENT CR MELDRUM, CR GODDEN That the notation ‘the CEO to notify Council each time the delegation is exercised’ be added to the following Delegations:

• 3. Closure of thoroughfares o The CEO is to notify Council each time the delegation is exercised in relation to

a closure of a thoroughfare under s3.50(1a) for a period of more than 4 weeks.

0/0 Cr Meldrum withdrew the amendment. REASON Cr Meldrum withdrew the motion as closure of thorough fares for a period of more than four weeks is already publicly advertised, which serves as notification. Cr Meldrum then moved the following amendment: AMENDMENT CR MELDRUM, CR That the following be added as point 7: 7. Request that the CEO prepare a report on options for a policy which describes the

advertising requirements for various land uses including non rural uses in rural zones. The policy should have a focus on allowing greater community participation and input into the decision making process.

0/0 REASON Cr Meldrum stated the intent of this motion was for Council to adopt a policy of increased advertising. Cr Meldrum then withdrew the amendment. REASON Following discussion in relation to the relevance of this amendment to the Review of Delegations, Cr Meldrum withdrew the amendment with the intention of moving it at Item 13. Motions for Consideration at Next Meeting. Cr Meldrum then moved the following amendment: AMENDMENT CR MELDRUM, CR GODDEN That the following be added to page 23, item 6: 7. The delegation does not apply the first time a property is leased, unless the lease is:


57

(a) For a residential purpose being exempt under regulation 30(2)(d) or 30(2)(g); or (b) For a period of less than two years with no right to renewal; or (c) For a site in a Local Government managed caravan park.

0/0

REASON Cr Meldrum spoke to the motion stating that the amendment was in the best interest of the community and would create fairness. Cr McLeod moved the following procedural motion: PROCEDURAL MOTION CR MCLEOD, CR That the item be deferred pending a Special Meeting of Council on Friday.

0/0 REASON Cr McLeod spoke to the procedural motion stating she felt uninformed and did not feel comfortable making a decision. Cr McLeod informed the meeting that she had been unable to attend the Review of Delegations Workshop which was held on 18 June and had asked for a reschedule. The motion lapsed for want of a seconder. Debate then continued on the amendment: AMENDMENT / COUNCIL DECISION CR MELDRUM, CR GODDEN OM2018/149 That the following be added to page 23, item 6: 7. The delegation does not apply the first time a property is leased, unless the lease is:

a. For a residential purpose being exempt under regulation 30(2)(d) or 30(2)(g); or b. For a period of less than two years with no right to renewal; or c. For a site in a Local Government managed caravan park.

CARRIED 5/2 CRS EARL AND MCLEOD VOTED AGAINST

This then became the primary motion: MODIFIED RECOMMENDATION CR EARL, CR LANE That Council, having reviewed the delegations currently in place and noting the recommended amendments: 1. Delegates to the CEO under s5.42 LGA, the exercise of powers and the discharge of any of




Title Relevant Legislation Delegations from Council Local Government Act 1995 1. Administrative

structure of the local government




58










a) is for the purpose of carrying out repairs or maintenance; and

b) Is unlikely to have a significant adverse effect on users of the thoroughfare;



4. Tenders and



The CEO is delegated the exercise of powers and the discharge of duties to: 1. Publicly invite tenders before the local

government enters into a contract for the supply of goods and services over the $150,000 threshold (excluding GST) (Reg 11 LG (F&G) Regulations 1996);






7. Assess by means of written evaluation the extent to which each tender satisfies the


59

criteria for deciding which tender to accept and decide which of them would be the most advantageous for the local government to accept (Reg 18(4) LG (F&G) Regulations 1996);









5. Contract



a) The variation to the contract is necessary in order for the goods or services to be supplied


60

and does not change the scope of the contract; or




















9. Write off of debts, and




61

waive or grant concessions

a) waive or grant concessions in relation to

money owed to the Shire (excluding rate concessions); and














a) from time to time lease the land; or b) sell the land; or c) cause the land to be transferred to the

Crown; or d) cause the land to be transferred to itself.

14. Appointment of

authorised persons








62




Other Acts 15. LG





The CEO is delegated the exercise of power and discharge of duties to: 1. approve or refuse to grant or modify building and

demolition permits , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below:

a) Section 18 Further information b) Section 20 Grant of Building Permit c) Section 21 Grant of Demolition Permit d) Section 22 Further grounds for not

granting an application e) Section 27 Conditions imposed by permit








effect to building order if non-compliance


63

o) Section 139 Presumptions about authority to do certain things.

2. Initiate a prosecution pursuant to s133(1) for an offence against the Building Act 2011.

3. Under s96 Building Act 2011, designate an employee of the local government as an authorised person for the purposes of: a) the Building Act 2011 in relation to buildings

and incidental structures located, or proposed to be located, in the district of the local government; and



Conditions



Act 1995 Planning and Development Act 2005 Shire of Augusta Margaret River Local Planning Scheme 1.











64




















The Manager Health, Waste and Ranger Services, Coordinator Environmental Health and Events, and Environmental Health Officers are delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, excluding the powers to appoint officers


65

authorisation under s122 and designate authorised officers under s126 Food Act 2008. Conditions s126 (13) Food Act 2008, a person who is a designated officer for the purposes of giving infringement notices under s126(2) is not eligible to be a designated officer for the purposes of withdrawing infringement notices or extending the period of payment time, or any of the other subsections under s126. s122 Food Act 2008 Person to be an authorised officer must have appropriate qualifications and experience to perform the function designated to them or hold office as an environmental health officer under the Public Health Act 2016 and the Health (Miscellaneous Provisions) Act 1911.






Condition Regulation 4a Bushfires (Infringement) Regulations 1978 – only the Shire President or CEO may withdraw an infringement notice.










66




















67

3. Under section 9.49A(2) Local Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Common Seal to be affixed to the following documents as required: • Any document relating to a disposition in











31. Authorisations



Under Part 2 of the Criminal Procedure Act 2004, the Council of the Shire of Augusta Margaret River appoints: a) Environmental Health Officers as authorised

officers for the purpose of issuing infringement notices under the Health (Asbestos) Regulations 1992; and







68





7. That the following be added to page 23, item 6: The delegation does not apply the first time a property is leased, unless the lease is:


0/0 Cr Godden then moved the following amendment: AMENDMENT CR GODDEN, CR 1. In Delegation 5, the following condition are added:

‘The aggregate value of the varied contract over the value of $250,000 may not exceed the relevant and current budget allocation. Any variances beyond these limitations must be referred for Council decision.’

0/0 REASON Cr Godden’s amendment differentiates between minor variations of the use of budgeted funds within the existing contract, and variations that result in additional expenditure. The motion lapsed for want of a seconder. Debate then continued on the primary motion: MODIFIED RECOMMENDATION / COUNCIL DECISION CR EARL, CR LANE OM2018/150 That Council, having reviewed the delegations currently in place and noting the recommended amendments: 1. Delegates to the CEO under s5.42 LGA, the exercise of powers and the discharge of any of






69













c) is for the purpose of carrying out repairs or maintenance; and

d) Is unlikely to have a significant adverse effect on users of the thoroughfare;



4. Tenders and



The CEO is delegated the exercise of powers and the discharge of duties to: 1. Publicly invite tenders before the local

government enters into a contract for the supply of goods and services over the $150,000 threshold (excluding GST) (Reg 11 LG (F&G) Regulations 1996);





70












5. Contract

Variations Regulation 21A Local Government (Functions and

The CEO is delegated the exercise of powers and discharge of duties under Regulation 21A LG (Functions and General) Regulations 1996 to vary a


71

General) Regulations 1996

contract for the supply of goods or services with a successful tenderer. Conditions Reg 21A LG (F&G) Regulations 1996) –



















72





















a) from time to time lease the land; or b) sell the land; or c) cause the land to be transferred to the

Crown; or d) cause the land to be transferred to itself.

14. Appointment of

authorised persons




2. s9.29 LGA, to represent the Shire of Augusta Margaret River in proceedings in the


73

Magistrates Court, the Children’s Court or the State Administrative Tribunal.






Other Acts 15. LG





The CEO is delegated the exercise of power and discharge of duties to: 1. approve or refuse to grant or modify building and

demolition permits , occupancy permits, building approval certificates, issue or revoke Building Orders, and perform associated functions of a permit authority pursuant to the Building Act 2011, including the sections listed below:

a) Section 18 Further information b) Section 20 Grant of Building Permit c) Section 21 Grant of Demolition Permit d) Section 22 Further grounds for not

granting an application e) Section 27 Conditions imposed by permit



permit or building approval certificate


74





effect to building order if non-compliance o) Section 139 Presumptions about

authority to do certain things. 2. Initiate a prosecution pursuant to s133(1) for an

offence against the Building Act 2011. 3. Under s96 Building Act 2011, designate an

employee of the local government as an authorised person for the purposes of: a) the Building Act 2011 in relation to buildings

and incidental structures located, or proposed to be located, in the district of the local government; and



Conditions


17. Planning Local Government Act 1995 Planning and Development Act 2005 Shire of Augusta Margaret River Local Planning Scheme 1.





a) any conditions to be imposed; b) the period of validity of the approval; and


75

c) extension to the term of development approval pursuant to Clause 77 of the Deemed Provisions



















S, 118, 122, 126, 38 Food Act 2008

The CEO is delegated the exercise of powers and discharge of duties of any Local Government


76

Regulation 5 Food Regulations 2009

functions under the Food Act 2008, including the functions listed below:









Condition





b) the power to appoint officers authorisation for the purposes of performing particular


77

functions under the Act in accordance with s48 Cat Act 2011.




















s9.49A LGA 1. Under section 9.49A(4, 5) Local Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Chief Executive


78

Officer, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River.



3. Under section 9.49A(2) Local Government Act

1995, the Council of the Shire of Augusta Margaret River authorises the Common Seal to be affixed to the following documents as required: • Any document relating to a disposition in











35. Authorisations



Under Part 2 of the Criminal Procedure Act 2004, the Council of the Shire of Augusta Margaret River appoints: a) Environmental Health Officers as authorised

officers for the purpose of issuing infringement notices under the Health (Asbestos) Regulations 1992; and

b) Manager of Health, Waste and Ranger Services and Director Sustainable Development as approved officers for the


79

purposes of extending the period to pay or withdrawing an infringement notice under the Health (Asbestos) Regulations 1992.









7. That the following be added to page 23, item 6: The delegation does not apply the first time a property is leased, unless the lease is:


CARRIED BY ABSOLUTE MAJORITY 7/0

The Governance and Permit Officer left Chambers at 6.49pm


80

11.1.4 CHIEF EXECUTIVE OFFICER ANNUAL PERFORMANCE REVIEW LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Nil FILE REFERENCE PER/05708 REPORT AUTHOR Nigel Anderson, Manager Human & Community Services AUTHORISING OFFICER Annie Riordan, Acting Chief Executive Officer

IN BRIEF • Council resolved at the Ordinary Council Meeting of 13 June 2018 to engage an external consultant

to assist them undertake the CEO’s annual performance review. • The Shire President and Deputy requested that the Manager of Human & Community Services also

seek the assistance of the external consultant to advise Council on the development of the CEO’s performance plan for 2018-2019.

• Four quotations were requested from a selection of WALGA recommended suppliers. • Two quotations were received by the Shire. RECOMMENDATION That Council: 1. Appoints **** as the preferred consultant to assist Council complete the CEO’s annual performance

review; 2. Notes the scope of works including the development of a performance plan for 2018-2019; 3. Nominates the Shire President and Deputy Shire President to represent Council in directing the

successful consultant; and 4. Commits $10,000 in the 2018-19 budget for the consultancy expenditure. BACKGROUND The CEO had requested Council at the Ordinary Council meeting of 13 June 2018 Item 11.1.4 Chief Executive Officer Annual Performance Review to confirm the method of performance appraisal prior to the commencement of the process as required in the CEO’s contract. Council resolution OM2018/135 has provided that Council undertakes a review of the CEO’s performance for the period 1 July 2017 to 30 June 2018 with the engagement of an independent consultant (the reviewer) to be selected by Council. Council will obtain three quotes from potential consultants and present to Council for decision at the OCM of the 27 June. The review will be done in accordance with clauses 4.2 to 4.4 of the CEO’s contract. The Shire President and Deputy provided a brief to the Manager of Human & Community Services on Tuesday 19th June 2018 to commence procurement works to engage a consultant to assist Council undertake the CEO’s annual performance review and recommended the scope of works include the development of a future performance plan. WALGA provided the Shire with four recommended consultants who would be capable of undertaking the brief. The brief was provided to those recommended consultants on Wednesday 20 June 2018, with the Shire receiving two quotations by the closing date on Monday 25 June 2018. The consultants quotations received have been attached for Council consideration (Confidential Attachments 1 and 2). CONSULTATION AND ADVICE External Consultation WALGA


81

Internal Consultation CEO DISCUSSION/OFFICER COMMENTS The CEO’s contract of employment Clause 4. Performance Criteria and review of CEO’s performance includes the following provisions: 4.2 Performance Reviews The CEO’s performance under this Agreement must be reviewed by the Reviewer:

a) At least annually and completed in or before July each year; and b) More frequently if the Council or the CEO perceives there is a need to do so, in that case, gives

to the other party a Review Notice. 4.3 Selection of Reviewer The Council in consultation with the CEO is to determine, in respect of each performance review under this clause:

a) Whether the Review is to be: (i) The Council; (ii) A committee to which the conduct of the performance review has been delegated by

the Council under section 5.16 of the Act; or (iii) A person or body who has been authorised by the Council to conduct the performance

review; and

b) Whether the Reviewer is to be accompanied by any other person and, if so, the identity of that person.

4.4 Procedure

1. Subject to any alternative procedure agreed between the Shire and the CEO, a performance review under this clause must include the following procedures:

a) The CEO must give the Council at least one month’s written notice of when his or her performance review is required;

b) The Council must decide, under clause 4.3, who is to conduct the performance review and must give the CEO at least 10 working days’ notice in writing of when the performance review is to be conducted and who is to conduct it;

c) Within 14 days after being given notice under paragraph (b), the CEO must prepare a report assessing his or her performance against the Performance Criteria, and give that report to the Reviewer;

d) The CEO and the Reviewer will discuss the process and timing of the performance review, which must include at least one interview session that provides for mutual discussion nd feedback;

e) The CEO will ensure his or her availability for the performance review as reasonably required by the Reviewer;

f) The CEO may be accompanied, at an interview session by any other person nominated by the CEO;

g) Within 1 month of the conclusion of the performance review, the Review must prepare a report, in consultation with the CEO, to be signed by both the Reviewer and the CEO, that includes:

i. Conclusions about the CEO’s performance during the period covered by the performance review;

ii. Any proposal by either party to amend the Performance Criteria as a consequence of the performance review;

iii. Any directions or recommendations made to the CEO in relation to the future performance by the CEO; and

iv. Details of the extent, if any, to which the CEO disagrees with any statement in the report.

h) The report must then be submitted to the Council for consideration; and i) Under regulation 18D of the Local Government (administration) Regulations 1996, the

Council is to accept the report, with or without modifications, or is to reject the report.


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2. Reports and other documentation prepared under, or for the purpose of, this clause are treated by the parties as confidential.

A quotation had specified the need due to current workloads to extend the performance review beyond July into mid-August, which CEO Gary Evershed accepted as being reasonable in an email response dated 26 June 2018. Council representatives managing the review process will need to ensure that the employment contract procedural requirements are adhered to including the notice periods and that the CEO’s approved leave between 23 July 2018 – 08 August 2018, will need to be considered when scheduling works. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The Local Government Act 1995 (WA) requires the performance of each and every employee including the CEO to be reviewed a minimum of each year. A local government is to consider each review on the performance of the CEO carried out under section 5.38 and is to accept the review, with or without modification, or to reject the review. The CEO’s employment contract is primarily governed by the Fair Work Act 2009 (cth) and any other law of the State or Commonwealth which affects the subject matter of the Employment Contract.

ADVICE TO APPLICANT / PROPONENT Nil CONFIDENTIAL ATTACHMENTS 1. CONFIDENTIAL Alan David Ferris 2. CONFIDENTIAL Price Consulting Group Pty Ltd RECOMMENDATION That Council: 1. Appoints **** as the preferred consultant to assist Council complete the CEO’s annual performance

review; 2. Notes the scope of works including the development of a performance plan for 2018-2019; 3. Nominates the Shire President and Deputy Shire President to represent Council in directing the

successful consultant; and 4. Commits $10,000 in the 2018-19 budget for the consultancy expenditure. RECOMMENDATION / COUNCIL DECISION CR MELDRUM, CR MCLEOD OM2018/151 That Council: 1. Appoints Price Consulting Group Pty Ltd (Natalie Lincoln) as the preferred consultant to

assist Council complete the CEO’s annual performance review; 2. Notes the scope of works including the development of a performance plan for 2018-2019; 3. Nominates the Shire President and Deputy Shire President to represent Council in directing

the successful consultant; and 4. Commits $10,000 in the 2018-19 budget for the consultancy expenditure.

CARRIED 7/0

Cr Meldrum, with the agreement of the seconder, added the name (Natalie Lincoln) to the motion.


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11.2. Sustainable Development


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11.2. SUSTAINABLE DEVELOPMENT Nil


85

11.3. Infrastructure Services


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11.3. INFRASTRUCTURE SERVICES Nil


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11.4. Corporate and Community

Services


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11.4.1 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 8 MAY 2018 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE EMS/3 REPORT AUTHOR Hannah Waters, Executive Assistant Corporate and Community

Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • On 8 May 2018, the Local Emergency Management Committee (LEMC) held its quarterly meeting. • Delegates discussed operational matters. • Agency updates for the Emergency Contacts and Resource Directory are due. • Asbestos recovery issues arising from the West Bay bush fire were discussed. • General business item, Shark Response was deferred until next meeting. RECOMMENDATION That Council receives the unconfirmed minutes of the Augusta Margaret River Local Emergency Management Committee meeting held 8 May 2018. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Local Emergency Management committee meetings are held quarterly on the second Tuesday of the month. CONSULTATION AND ADVICE External Consultation LEMC delegates Internal Consultation Environmental Health Team Coordinator Ranger Services DISCUSSION / OFFICER COMMENTS Emergency Contacts and Resource Directory The committee were advised that the Emergency Contacts and Resource Directory is currently being reviewed and updated. Delegates were advised that copies of the documents would be distributed with the meeting minutes and they were asked to review and update their agency details. Asbestos Recovery Issues The Shire’s Environmental Health Team (EHT) provided delegates with a presentation about asbestos recovery issues faced following the West Bay bush fire in January 2018. A question and answer session followed after the presentation with the EHT advising that they will be meeting with residents to provide them with information on how to proceed with removal of fire affected asbestos. Shark Response Coordinator Ranger Services advised delegates that general business item 10.3 Shark Response would be deferred until the next meeting. The Department of Primary Industries and Regional


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Development will be scheduling a multi-agency de-brief following the April shark incidents in the coming months which will provide greater clarity on individual agency roles and responsibilities. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 36(a) Emergency Management Act 2005 Section 38 (1) Emergency Management Act 2005 Sections 41, 42 & 43 Emergency Management Act 2005 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 2: Welcoming and inclusive communities Community Outcome 3: Strong community groups and networks Strategic Response: Support and value community organisations and volunteers across the region. Community Outcome 6: Safer Communities Strategic Response: Enhance the Shire’s emergency and disaster management capabilities PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Preparedness, timing, response and support to local emergencies will reduce any impact on the environment from an emergency. Social An effective LEMC will assist the community in the response and recovery phases of an emergency. Economic An effective LEMC has the potential to reduce the likelihood and consequence of an emergency impacting on economic wellbeing of the local community. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the unconfirmed minutes of the Augusta Margaret River Local Emergency Management Committee meeting held 8 May 2018. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Unconfirmed Local Emergency Management Committee meeting minutes and attachments – 8 May

2018.

RECOMMENDATION / COUNCIL DECISION CR EARL, CR TOWNSHEND OM2018/152 That Council receives the unconfirmed minutes of the Augusta Margaret River Local Emergency Management Committee meeting held 8 May 2018.

CARRIED 7/0


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11.4.2 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 16 MAY 2018 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE EMS/4 REPORT AUTHOR Chris Lloyd, Community Emergency Services Manager AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • On 16 May 2018, the Bush Fire Advisory Committee (BFAC) held its quarterly meeting. • The Department of Fire and Emergency Services (DFES) gave a presentation outlining

recommendations following the West Bay fire • The state government have announced the creation of the Rural Fire Division (RFD) within the

DFES. • A new Fire Control Officer (FCO) has been endorsed for the Witchcliffe Bush Fire Brigade. • Witchcliffe Bush Fire Brigade submitted a request to rename the brigade sub areas and appoint

FCO’s to the newly allocated areas. • Nominations have been called to form a subcommittee to create and test Permit to Burn templates

and forms. • Discussions were held on brigade operational matters. RECOMMENDATION That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory Committee

meeting held 15 May 2018. 2. Notes BFAC acceptance of Department of Fire and Emergency Services recommendations

following the West Bay fire. 3. Notes the formation of the Rural Fire Division within the Department of Fire and Emergency

Services. 4. Appoints Richard Nash as a Fire Control Officer for Witchcliffe Bush Fire Brigade. 5. Endorses the renaming of the Witchcliffe Bush Fire Brigade Fire Control Officer sub areas and the

appointment of Fire Control Officers to these areas as follows: • Witchcliffe, Diane Holland • Redgate, Richard Nash • Forest Grove, Larry Brennen

6. Notes the Community Emergency Services Manger will work with a local working group of Brigade members to develop local permit to burn templates and forms.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Bush Fire Advisory Committee meetings are held quarterly on the third Wednesday of the month. CONSULTATION AND ADVICE External Consultation

• BFAC delegates • DFES


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Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Presentation on the debrief for the West Bay fire in Augusta Peter Thomas delivered a presentation to the committee showing the recommendations developed by DFES following their West Bay fire debrief. The recommendations aim to improve operations in the event of a fire, as well as public education and responder training prior to events. The committee provided feedback to DFES throughout the presentation and accepted the DFES recommendations. Rural Fire Division The committee were advised that the RFD would incorporate the Office of Bushfire Risk Management, a Bushfire Centre of Excellence, Bushfire Risk Management Programs and an increased focus on volunteer relations and sit within the DFES. Further information on staffing will be identified following the state budget announcement in May. Endorsement of new FCO for Witchcliffe Bush Fire Brigade Following a request from the Witchcliffe Bush Fire Brigade the BFAC endorsed the appointment of Richard Nash as a FCO for Witchcliffe. Renaming of Witchcliffe Brigade subareas In an effort to remove remove the onerous titles, FCO radio calls signs and better reflect the postal locations the brigade requested BFAC endorse the renaming of the Witchcliffe subareas and the appointment of a FCO to each area as follows: RECOMMENDATION That the Bush Fire Advisory Committee:

1. Endorse the request by Witchcliffe Brigade to rename their FCO sub areas as follows: • East Witchcliffe becomes known as Witchcliffe • West Witchcliffe becomes known as Redgate • Forest Grove remain unchanged

2. The FCO’s as endorsed will be: • Witchcliffe - Diane Holland • Redgate - Richard Nash • Forest Grove - Larry Brennen

Moved: Witchcliffe Bush Fire Brigade, Richard Nash Seconded: Wallcliffe Bush Fire Brigade, Robert Barnett

Carried: All Formation of a Permit to Burn Working Group A state working group have developed a Permit to Burn Template and User Guide, which has been published by WALGA. Committee members were asked to forward nominations for a local working group through to the Community Emergency Services Manager. Once formed the local working group will use the template to develop local permit templates and forms for testing prior to the next fire season. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 38(1) Bush Fire Act 1954 Local Government Act 1995 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 2: Welcoming and inclusive communities Community Outcome 3: Strong community groups and networks Strategic Response: Support and value community organisations and volunteers across the region. PLANNING FRAMEWORK Nil


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FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on the environment. Social An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on community wellbeing. Economic An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on the economic wellbeing of the local community. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory Committee

meeting held 15 May 2018. 2. Notes BFAC acceptance of Department of Fire and Emergency Services recommendations


Services. 4. Appoints Richard Nash as a Fire Control Officer for Witchcliffe Bush Fire Brigade. 5. Endorses the renaming of the Witchcliffe Bush Fire Brigade Fire Control Officer sub areas and the

appointment of Fire Control Officers to these areas as follows: • Witchcliffe, Diane Holland • Redgate, Richard Nash • Forest Grove, Larry Brennen


ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Unconfirmed Bush Fire Advisory Committee meeting minutes and attachments – 15 May 2018. Cr Meldrum left Chambers at 6.54pm RECOMMENDATION CR TOWNSHEND, CR EARL That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory

Committee meeting held 15 May 2018. 2. Notes BFAC acceptance of Department of Fire and Emergency Services recommendations


Services. 4. Appoints Richard Nash as a Fire Control Officer for Witchcliffe Bush Fire Brigade. 5. Endorses the renaming of the Witchcliffe Bush Fire Brigade Fire Control Officer sub areas

and the appointment of Fire Control Officers to these areas as follows: • Witchcliffe, Diane Holland • Redgate, Richard Nash • Forest Grove, Larry Brennen


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0/0 Cr Earl moved the following amendment: AMENDMENT / COUNCIL DECISION CR EARL, CR TOWNSHEND OM2018/153 That the following be added as point 7: 7. That Cr Earl is appointed as second Councillor for the Bush Fire Advisory Committee.

CARRIED BY ABSOLUTE MAJORITY 6/0 REASON There is currently only one Councillor representative for BFAC, it would be beneficial if there were two. This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION CR TOWNSHEND, CR EARL OM2018/154 That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory






7. That Cr Earl is appointed as second Councillor for the Bush Fire Advisory Committee. CARRIED BY ABSOLUTE MAJORITY 6/0

Cr Meldrum re-entered Chambers at 6.57pm The Shire President called that the item be voted on again, with Cr Meldrum present. A second vote was then conducted. PRIMARY MOTION / COUNCIL DECISION CR TOWNSHEND, CR EARL OM2018/155 That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory






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7. That Cr Earl is appointed as second Councillor for the Bush Fire Advisory Committee. CARRIED BY ABSOLUTE MAJORITY 7/0


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11.4.3 LIST OF PAYMENTS FOR MAY 2018 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/42 REPORT AUTHOR Anja Gerganoff, Accounts Payable Officer AUTHORISING OFFICER Annie Riordan, Director Corporate Community Services

IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared. RECOMMENDATION That Council notes the May 2018 List of Payments for $4,077,877.91 as certified correct by the Chief Executive Officer. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2016-17 and 2017-18 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows. (a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction. In order to improve operational efficiency and reduce costs, the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH

MODE OF PAYMENT CHEQUE / EFT NUMBERS SUB-TOTAL AMOUNT

Cheques (includes reimbursement of credit cards) 42296-42303 $12,777.70 $12,777.70

EFT 64625-65172 $3,129,522.57 Direct Debits $ 935,577.64 $4,065,100.21

TOTAL $4,077,877.91

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS MONTH CHEQUES EFT/DD TOTAL PMTS CUMULATIVE CHEQUES EFT/DD TOTAL PMTS CUMULATIVE

2016-17 2016-17 2016-17 PAYMENTS 2017-18 2017-18 2017-18 PAYMENTS

JULY 26,818.42 3,666,885.36 3,693,703.78 3,693,703.78 11,911.90 4,058,767.09 4,070,678.99 4,070,678.99 AUGUST 23,160.39 3,700,179.99 3,723,340.38 7,417,044.16 12,189.23 3,345,515.25 3,357,704.48 7,428,383.47

SEPTEMBER 19,330.43 8,310,023.78 8,329,354.21 15,746,398.37 22,462.49 9,460,770.44 9,483,232.93 16,911,616.40 OCTOBER 17,878.48 5,011,969.93 5,029,848.41 20,776,246.78 14,248.57 6,213,632.69 6,227,881.26 23,139,497.66

NOVEMBER 11,582.39 2,527,108.13 2,538,690.52 23,314,937.30 16,796.25 3,002,051.85 3,018,848.10 26,158,345,76 DECEMBER 28,503.44 2,694,198.73 2,722,702.17 26,037,639.47 16,784.55 3,486,311.03 3,503,095.58 29,661,441.34 FEBRUARY 19,943.84 2,512,461.38 2,532,405.22 28,570,044.69 23,253.79 3,016,860.48 3,040,114.27 32,701,555.61 FEBRUARY 7,590.17 2,504,279.74 2,511,869.91 31,081,914.60 8,323.20 3,158,631.14 3,166,954.34 35,868,509.95

MARCH 13,729.92 2,804,922.72 2,818,652.64 33,900,567.24 13,755.44 3,754,347,57 3,768,103.01 39,636,612.96 APRIL 25,312.62 4,964,872.34 4,990,184.96 38,890,752.20 21.948.61 3,759,184.07 3,781,132.68 43,417,745.64 MAY 14,188.22 3,048,755.54 3,062,943.76 41,953,695.96 12,777.70 4,065,100.21 4,077,877.91 47,495,623.55 JUNE 100,397.03 4,009,569.24 4,109,966.27 46,063,662.23

308,435.35 45,755,226.88 46,063,662.23


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Continue to monitor and analyse monthly, year to date and annual financial performance. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the May 2018 List of Payments for $4,077,877.91 as certified correct by the Chief Executive Officer. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for May 2018 RECOMMENDATION / COUNCIL DECISION CR MCLEOD, CR EARL OM2018/156 That Council notes the May 2018 List of Payments for $4,077,877.91 as certified correct by the Chief Executive Officer.

CARRIED 7/0


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11.4.4 2018-19 DRAFT BUDGET LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/358 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • Each year prior to 31 August, Council must adopt an Annual Budget for the financial year. • Council are requested to consider the draft budget for 2018-19 and to propose any amendments or

changes for inclusion in the final budget. • Council will be requested to consider adopting the final budget for 2018-19 at the Ordinary Meeting

on 25 July 2018. RECOMMENDATION That Council having considered proposed revenues, expenditures and budget efficiency measures for 2018-19 approves the draft Budget for 2018-19 with the following changes: LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Local Government Act requires a local government to prepare and adopt an annual budget prior to 31 August in each year, or such extended time as the Minister allows. The draft budget is the result of input from each of the Shire’s business units and has considered the Shire’s Long Term Financial Plan, Community Strategic Plan and Corporate Business Plan. The budget as provided is balanced and is based on the version provided to Councillors on 30 May 2018 and discussed at the Council Workshops on 6 June and 13 June 2018. Some changes have been made to the previously provided draft budget to include some carryover items and other budget amendments. The major components of the draft budget are:

• A capital works programme totalling $26,436,964; • Operating expenditure of $36,122,749; • Rate revenue of $21,230,660; • Operating revenue of $12,991,002; • Capital grants and contributions of $7,664,592; • Transfers from reserves of $9,225,097 to fund specific capital works; • Transfer to reserves of $3,044,817 to fund future capital works; • One new loan totalling $500,000 for the Cultural Centre redevelopment project; and • An estimated carry forward balance of $4,084,728 from 2017-18.

CONSULTATION AND ADVICE External Consultation Invitation to comment on the proposed Differential Rates was first advertised on 30 May 2018 with a closing date for submissions of 21 June 2018.


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Fees and Charges for 2018-19 were approved by Council on 23 May 2018 to be imposed on 1 July 2018. The availability of these fees and charges was first advertised on 30 May 2018 with submissions to be received by 14 June 2018. Internal Consultation Councillors have been involved through the budget process in a rating workshop, budget briefings for rates and employee costs and workshops on the draft budget as well as approving the fees and charges and the rates for 2018-19. Management and staff were actively involved in the preparation and review of the operational and capital budgets. They were also involved in the setting of fees and charges for their areas of responsibility. DISCUSSION / OFFICER COMMENTS The 2018-19 draft Budget has been developed over a number of months with significant input from staff, management and Councillors. Negotiation has resulted in the reprioritisation and deferral of some projects and activities in order to ensure available funding sources resulted in a balanced budget. The draft Budget as provided includes revenue and expenditure information for each business unit as well as comments providing a breakdown of these amounts and this information will be the main element of the final budget. A Statement of Financial Activity, Statement of Comprehensive Income by Nature or Type, Capital Works Schedule, details of Grants and Contributions revenue, breakdown of Carry Forward Items, details of Reserve balances and loan interest and principal repayments are also included. In addition to this information the final budget will include statutory statements and explanatory notes as well as some explanatory text. Changes to the Draft Budget since Council Workshop A number of changes to the draft budget have been made since and as a result of the Council workshops conducted on 6 June and 13 June 2018. These changes resulted from the notification of amendments and carryover items, inclusion of new budget items and the correction of errors and omissions since the initial version of the draft budget was published. The following table summarises these changes with numbers in brackets representing a reduction in revenue or expenditure. Table 1: Changes to Draft Budget from Version 2

Description Business Unit Revenue $

Expenditure $

Carryover Cultural Centre business planning CEO 15,000 Increase contributions DCCS 1,000 Carryover purchase of various plant items Plant Program 247,673 Increase proceeds on sale for plant items Plant Program 74,000 Include procurement management system Finance 10,000 Reduce software licences ICT (9,000) Increase Government Guarantee Fee General Financing 7,000 Increase allocation to MRCCI WIFI Project Members of

Council 7,000

Increase RRG grant for Boodjidup Road Construction 365,585 Increase Boodjidup Road construction works Construction 548,378 Reduce drainage works Construction (62,793) Remove Works depot washdown facility Construction (120,000) Remove Cowaramup Pioneer Park toilet upgrade and renewal works

Community Bldgs (180,000)

Include cladding of Cultural Centre flytower to prevent fretting and avoid doing this project after the building project has been completed.

Community Bldgs 110,000

Include Gnarabup Toilet renewal works Community Bldgs 70,000 Table 1: Changes to Draft Budget from Version 2 (continued)

Description Business Unit Revenue $

Expenditure $


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Amendment of and inclusion of carryovers for various projects

Asset Services (9,000)

Include $10,000 for changeover of banners Maintenance 10,000 Carryover HEART website project CEO 30,000 Contribution to Augusta CRC for operations DCCS 5,000 Contribution to Every Club project DCCS 2,000 Increase contribution to Margaret River CRC Community Bldgs 15,000 Increase Cowaramup Hall project cost to include expenditure to be funded by Developer Contributions.

Community Bldgs 171,582

Include possible proceeds from sale of land in Augusta and Margaret River. Proceeds transferred to Reserves.

Other Property & Services

1,020,000

Councillor request to develop a partnership model for the delivery of youth services.

Community Planning & Development

30,000

Councillor request to prepare a concept plan for the lookout area on Wallcliffe Road.

Asset Services 10,000

Councillor request to allocate a budget for a River Foreshores Fund to protect and enhance river systems in the Shire. Including a grant to match Shire expenditure.

Landcare 25,000 50,000

Include reserve funded 2017-18 project to upgrade Turner Caravan Park power.

Caravan Parks 109,490

Councillor request to extend Heppingstone View to Allnutt Terrace, Augusta. To be funded from asset sales transferred to the Augusta Revitalisation reserve.

Construction 180,000

Increase contribution to Margaret River Regional Environment Centre for building works.

20,000

Insurance contribution discount included. Finance (46,000) Error in FBT contributions corrected. Finance (30,259) Correct ICT printing & stationery budget ICT 34,800 Fund gravel pits rehabilitation from Reserve (50,000) Include carryover for Flinders Bay boat ramp handrail project

Construction 26,000

Include Margaret River Master Plan Asset Services 20,000 Carryover Assetic asset management system expenditure

Asset Services 18,500

Remove plant assessor services Plant Operating (7,500) Increase Old Settlement lease revenue but transfer revenue to the Old Settlement reserve in accordance with reserve conditions.

General Finance 27,290

Include Augusta Foreshore Walls project incorrectly not carried over from 2015-16

Construction 10,000

Increase Leeuwin Lighthouse path project. Increased expenditure to be funded from asset sales transferred to the Augusta Revitalisation reserve.

Construction 100,000

Summary of Draft Budget A balanced budget is proposed as at 30 June 2019. A summary of the draft Annual Budget 2018-19 compared to the amended annual Budget for 2017-18 and actual for 2016-17 is provided below for reference. Table 2: 2018-19 Draft Budget Compared to Previous Years

Description 2018-19 2017-18 2016-17


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Draft Budget $’000

Amended Budget $’000

Actual $’000

Rates 21,231 20,180 19,582 Operating Revenue (excluding Rates) 12,991 12,199 13,648 Capital Grants 7,665 8,709 9,819 Operating Expenditure 36,123 35,077 33,574 Capital Expenditure 26,437 21,662 14,170 Asset Sale Proceeds 1,457 1,101 472 Borrowings Repaid 854 708 601 New Loan Borrowings 500 2,450 0 Transfers To Reserves 3,045 4,588 4,399 Transfers From Reserves 9,225 3,799 929 Brought Forward Surplus 4,085 4,332 2,421 Closing Position 0 40 4,332

At this stage it is projected the Shire will commence the budget year with a surplus of $4,084,728 from 2017-18. The extent of this surplus allows the draft budget to be balanced. The projected budget surplus is an improvement on the budgeted result expected for 2017-18 and is the result of a number of factors including:

• Capital works projects totalling $3,497,959 were delayed or not completed; • Operating expenditure projects totalling $450,488 were not completed in 2017-18; and • Various under expenditures and over budget revenues are expected for the year totalling

$136,281.

This brought forward surplus will increase as the WA Local Government Grants Commission has advised an advanced payment of the financial assistance grants for 2018-19 will be made in June 2017. The amount of this advance payment is unknown at this stage. Expectations are that 2018-19 will end up with a balanced result. Long Term Financial Plan The Long Term Financial Plan (LTFP) was updated for the ten years from 2018-19 to 2027-28 and was approved by Council on 11 April 2018. The first year of the LTFP is 2018-19 and the LTFP’s major assumptions have been reflected in the draft Budget. Accordingly there should be a reasonable degree of correlation between the LTFP forecast for 2018-19 and the draft Budget. The following table provides a comparison. Table 3: 2018-19 Draft Budget Compared to LTFP

LTFP 2018-19

$’000

Draft Budget 2018-19

$’000

Difference %

Operating Revenue 33,270 34,219 2.8% Operating Expenditure 35,042 35,974 2.7% Net Operating Result (1,772) (1,754) (1.0%) Capital Grants 8,195 7,665 (6.5%) Net Result 7,296 5,764 (21.0%) Capital Expenditure 24,109 26,437 9.7% New Loan Borrowings 500 500 Transfers To Reserves 2,529 3,045 20.4% Transfers From Reserves 10,317 9,225 (10.6%) Closing Position 0 0

Reasons for the variances are:

• Rate revenue in the LTFP was understated due to growth being under estimated; • Carryovers have contributed to operating expenditure exceeding the LTFP forecast; • The advance payment of part of the Royalties for Regions grant for the Cultural Centre project

has contributed to capital grants being lower than forecast; and


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• Capital expenditure carryovers have contributed to capital expenditure exceeding the LTFP. Capital Works Programme Capital works totalling $26,436,964 have been included in the draft Budget. 28% of these works are to be funded by grants, 21% from council funds, 34% from reserves, 2% from new loan borrowings, 2% from assets sale proceeds and 13% represents budget carryovers from 2017-18. The $3,497,959 of carryover projects include the Cultural Centre project, asbestos replacement and reinstatement projects, building projects, lower Western Oval development, Rapids Landing School public open space, replacement of various items of plant, computer server replacement, bushfire brigade building works, Flinders Bay to Cape Leeuwin path and various Asset Services projects. Grants and contributions for capital projects total $7,373,614 with $2,075,561 of these funds allocated to various road and works projects, $3,750,000 for the redevelopment of the Cultural Centre, $405,268 for the Cowaramup Hall project, $332,207 for the Lower Western Oval and $810,578 for bushfire brigade vehicles and buildings. Proceeds from the sale/trade-in of mobile plant and vehicles are expected to total $197,182. Proceeds from the sale of 4 blocks held as land inventory are expected to be allocated to the contribution payable to the Department of Education for the shared use oval at the Rapids Landing primary school. $9,040,072 is proposed to be transferred from reserves to fund specific capital projects including:

• $3,448,000 for the Cultural Centre redevelopment, of which $500,000 represents the Regional Venues Improvement Fund grant received in 2016-17 and $2,500,000 is the first instalment of the Royalties for Regions grant received in 2017-18;

• $2,550,000 for the Margaret River main street upgrade project being part of the Royalties for Regions grant received in 2015-16;

• $530,000 for the purchase and replacement of major items of plant; • $625,000 for the Lower Western Oval; • $647,490 for caravan park projects; • $380,000 for the Rapids Landing School public open space; and • $171,582 for the Cowaramup Hall project.

The balance of the capital works programme of $5,580,637 will be funded from general revenue (property rates) and is a 2% increase on the amount budgeted for 2017-18. The majority of the programme is considered to be asset renewal works with 49% or $12,709,169 capital expenditure expected to be for this purpose. This amount exceeds the expected depreciation allocation for the year of $9,146,640 and shows the Shire’s asset base is being replenished. The remaining capital expenditure is for new projects ($3,136,650 or 12%) and expansion or upgrade projects ($10,267,778 or 39%). The major capital projects for the year and their source of funding are shown in the following table.


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Table 4: 2018-19 Summary of Major Capital Works and Funding Project Description Budget

$ Source of Funding

Emergency Services & Fire Prevention items 872,100 Grants, revenue & BFB contributions

Waste management improvements 1,008,000 Waste management revenue Various works for community buildings 1,982,836 Revenue, reserves, carryovers Cultural Centre redevelopment 8,800,000 Grants, reserves, loans Various parks and reserves works 1,551,150 Revenue, reserves, carryovers Lower Western Oval 1,168,999 Revenue, grant, reserves, carryover Roads, Drainage, Paths, etc 5,113,299 Revenue, grants, reserves,

carryovers Margaret river Main street upgrade 2,550,000 Reserve Plant and Equipment 1,271,723 Revenue, reserve, sales,

carryovers Caravan Park works, including chalets 929,490 Revenue, reserve Various other works 866,000 Revenue, carryovers 26,113,597

Major road work projects to be undertaken include:

• Warner Glen Road reconstruction works of $750,000 is 2/3 funded by a Regional Roads Group grant of $450,000 as well as Roads to Recovery grant funding of $210,884;

• Wallcliffe Road reconstruction works of $600,000 is 2/3 funded by a Regional Roads Group grant of $350,000;

• Boodjidup Road reconstruction works of $669,092 is 2/3 funded by a Regional Roads Group grant of $350,000

• Surfers Point Road works of $200,000 are 50% funded by a Regional Roads Group grant; • $450,000 is allocated towards gravel road re-sheeting and $150,000 for sealed road re-

shouldering; and • $2,550,000 is allocated towards the main street upgrade project which is expected to

commence in February 2019 and is primarily funded by a Royalties for Regions grant.

Loan Repayments At 30 June 2019 the balance of loan principal outstanding is expected to be $9,396,777 and compares to an expected balance of $9,750,508 at 30 June 2018. Budgeted principal repayments for the year total $853,730 and interest repayments total $468,642. In addition to interest repayments, the cost of the government guarantee fee of 0.7% is budgeted to be $61,000. A new loan of $500,000 for the Cultural Centre project is budgeted to be drawn-down in 2018-19. Interest expense represents 1.5% of total operating expenditure. Reserves The draft budget anticipates the balance of cash backed reserves at 30 June 2019 will be $22,440,906. This compares to the actual closing balance at 31 May 2018 of $29,128,577. During 2018-19 it is proposed to transfer the following to reserves:

• $450,000 in interest is expected to be earned on reserve balances at an estimated average interest rate of 2.5% per annum;

• $200,000 is to be transferred to the Plant Replacement reserve; • $6,000 net proceeds from the sale of special series vehicle number plates are to be transferred

to the Community Grants reserve; • $200,000 in expected Developer Contribution Plan contributions will be transferred to the

Developer Contributions reserve; • $320,000 proceeds from the sale of properties in Augusta are to be transferred to the Augusta

Revitalisation reserve; • $11,317 in repayments received for Interest Free Loans are transferred to the Community Loan

reserve; • $200,000 is to be transferred to the Caravan Park Upgrade reserve;


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• $850,000 is expected to be transferred to the Waste Management reserve to fund future waste management works including conversion of the Davis Road landfill site to a waste transfer station

• $2,500 proceeds from commercial promotional signage are to be transferred to the Recreation centres reserve;

• $33,000 net proceeds from the commercial lease of the Old Settlement are to be transferred to the Old Settlement reserve;

• $700,000 in property sale proceeds and $70,000 interest earned on the Overnight Cash Deposit Facility (OCDF) held for the Royalties for Regions grant for the main street upgrade are to be transferred to the Margaret River CBD Redevelopment reserve; and

• $2,000 net proceeds from commercial and fund raising activities for youth services are to be transferred to the Youth Facilities reserve.

Transfers from reserves include: • $530,000 from the Plant reserve for purchase and replacement of mobile plant; • $125,000 from the Developer Contributions reserve for the Lower Western Oval; • $135,025 from the Developer Contributions reserve for principal and interest repayments for

loans 192 and 194 for the Cultural Centre and Margaret River Youth Precinct projects; • $171,582 from the Developer Contributions reserve for the Cowaramup Hall project; • $3,448,000 from the Community Facility reserve for the Cultural Centre redevelopment includes

the $500,000 Regional Venues Improvement Fund grant received in 2016-17 and the $2,500,000 Royalties for Regions’ Growing the South grant instalment received in 2017-18;

• $500,000 from the Community Facility reserve for the Lower Western Oval. • $380,000 from the Community Facility reserve for the Rapids Landing Primary School public

open space development; • $80,000 from the community Facility reserve to fund part of the Shire’s 50% contribution

towards the Rapids Landing Primary School shared use oval; • $647,490 from the Caravan Park Upgrade reserve for the construction of stage 2 of the chalets

at Turner Caravan Park, power upgrade and asbestos removal and reinstatement; • $2,550,000 from the Margaret River CBD Redevelopment reserve for the main street upgrade; • $180,000 from the Augusta Revitalisation reserve for the extension of Heppingstone View to

Allnutt Terrace; • $100,000 from the Augusta Revitalisation reserve for the proposed path from Flinders Bay to

Cape Leeuwin lighthouse; • $45,000 from the Affordable Housing Fund reserve for works at the West Cowaramup public

open space is a carryover from 2016-17; • $168,000 in developer contributions from the Infrastructure Contributions reserve for the

reconstruction of Ashton Street; • $115,000 in developer contributions from the Infrastructure Contributions reserve to pay Main

Roads WA for the hard landscaping of John Archibald Drive; and • $50,000 from the Gravel Pits reserve for the rehabilitation of gravel pits.

Rates The draft Budget has included $21,230,660 income from property rates based on the 3% increase applied to minimum payments and rates in the dollar for all rating categories. Also takes into consideration the 0.08% average increase in valuations for unimproved value (rural) properties and 0.935 average increase in Gross Rental Value (GRV) valuations. The total amount raised is 3.3% higher than the total rate revenue of $20,558,767 recorded at 20 April 2018 used as the base for determining the rate yield target. Interim rates of $150,000, back rates of $20,000, expected late payment interest of $90,000, instalment interest and instalment administration charges of $210,000 and recovery of summons costs and various other sundry income of $69,000 have also been included in the budget and result in total rates related income of $21,769,660 reported in the Statement of Financial Activity. Employees The budget provides for employee costs for 170.9 full time equivalent (FTE) positions compared to 168.2 for 2017-18. The main reasons for the increase of 2.7 FTEs are:


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• The equivalent of 3.48 FTEs across the organisation have been added to meet service level needs arising from 4 years of minimal change in the Shire labour force establishment;

• The removal of the grant funded position of Bushfire Risk Planning Coordinator; and • Corrections to hours allocated for some positions have resulted in an overall net change of 0.22

FTEs. Compared to the 2017-18 adopted budget, total base salaries and wages have only increased by 3.75% despite the increase to the Labour Force Establishment, an Enterprise Agreement wage increase of 2.5% and a 2% performance increase for eligible employees Total labour, leave, superannuation, workers compensation, training, uniforms and fringe benefits tax are budgeted to be $15,564,318 and after $878,006 is allocated to capital projects, $14,686,312 is budgeted to be expensed for the year as employee costs. The amount expensed represents an increase of 3.1% compared to the 2017-18 amended Budget for employee expenses of $14,250,324. Business Unit Details The following table provides a summary of the budgeted operating revenue and operating expenditure for each business unit and details of the major changes which have occurred and the major items or projects budgeted for the year. Table 5: 2018-19 Summary of Expenditure and Funding by Business Unit

Business Unit

Operating Revenue

$’000

Operating Expenditure

$’000

Comments

Revenue 21,770 319 3% rate increase, rate instalment interest, penalty interest and other items consistent with 2017-18 actual. GRV revaluation of $150k removed, all other costs steady. No change in FTE.

General Financing

2,187 605 Advice of amount of advance payment of Financial Assistance Grants not yet received so revenue is higher than last year. Main other source of income is interest on investments based on an estimated interest rate of 2.5%. Income from lease of properties is also included. Operating expenditure is primarily interest on loans. Bank fees consistent with 2017-18 actual expenditure. Loan principal repayments are included under capital expenditure. 1 new loan included.

Council 0 391 Higher expenditure due to special projects (indigenous consultation), 2.5% increase to member fees and allowances. Cost of maintaining relationship with Haining included.

CEO 0 1,357 Operating expenditure increased as labour costs higher with number of FTEs increasing from 4.9 to 5.6 including the Sustainable Economy Officer. Public relations expenditure is higher due to carryovers. Special projects include legislative reviews, iconic events, local events and CAPEROC. New projects include assistance for economic projects, 3 year community survey, contribution to regional airport, welcome to country video or DVD, refresh of Shire website.

DCCS 28 524 Grant included for Scott River economic study. Increase in expenditure as FTEs increased from 2 to 2.2, higher contributions with amounts included for Augusta Community Resource Centre and Margaret River Regional Environment Centre, special projects for Scott River economic study, process improvement project and Every Club project.

DSD 0 682 FTE decreased from 5.5 to 5.4 together with a decrease in external legal fees and legal projects has contributed to a slight decrease in expenditure year on year.


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Table 5: 2018-19 Summary of Expenditure and Funding by Business Unit (continued)

Business Unit

Operating Revenue

$’000


$’000

Comments

DIS 0 385 Increase in expenditure as labour costs higher with FTE increasing from 1.5 to 2.5. An allowance for expert legal advice in contract/commercial matters has been included to allow for cases where in-house expertise is lacking or independency is required.

Finance 16 966 Income from insurance rebates and reimbursement of insurance costs. FBT for salary packaging matched by income as employee contributes to cover full cost of FBT. Slight increase in insurance costs, audit costs in accordance with contract, procurement budget increased to include system improvements. FTE increased from 4.2 to 4.3.

Records 195 No change in FTE and minimal change to 2017-18. Corporate Services

2 273 Based on actual usage for 2017-18 electricity costs may be lower but water costs (standpipes) may be higher, budget included for operation of 3 pool vehicles for staff, other items consistent with actual expenditure.

Customer Relations

194 548 Income from providing contract services for Department of Transport and TRANSWA. Profit from sale of special series registration plates transferred to Community Grants reserve. FTE reduced from 6.8 to 6.7. Capital expenditure of $5k for Registration plate cabinet to address safety issue.

Information Comm. & Technology

0 1,158 No change in FTE allocation. Internet connections have increased telephone charges. Software licences have increased to include additional licences and systems but largely offset by a decrease in equipment leasing costs. Special projects include improved cyber security measures, library and waste management systems and duplicate displays for Councillor’s desks. No change in FTE. $138k allocated for capital projects with the majority required for the carryover project to replace production servers and storage.

Human Resources

20 666 Revenue expected from LGIS scheme member dividend transferred to reserve if not used. Increase in expenditure similar to last year due to reduction in organisational development training and programs offset by increases in employee health programs and contract services. Safety initiatives funded by LGIS scheme member dividends. No change in FTE.

Community Planning & Development

44 704 Similar level of operating grants for projects to 2017-18. Income from Zone Room Café lease. Profits intended to be transferred to the Youth Facilities reserve. Increase in expenditure for Youth with inclusion of youth mental health services that includes youth and school holiday programs as well as funds for a youth partnerships model. Capacity Building increased with carryover of some items. Inclusion of maintenance and operating costs for youth precinct facilities. Community Resilience Plan to replace Community Safety Plan. Increased Arts and Culture projects. No change in FTE. Capital expenditure of $62k included for works to the Zone Room and MRYP hall.


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Business Unit

Operating Revenue

$’000


$’000

Comments

Emergency Management

35 77 Main increases in expenditure are to vehicle operating expenses and non-capital equipment. Percentage of grant funded expenditure increased from 43% to 46%.

Fire Prevention

315 1,061 Slight increase in operating grant application. Operational expenditure commitments for bushfire brigades are similar to previous years. Increase in contract services is primarily due to the inclusion of non-ESL funded works for BFB sheds including driveway and drainage maintenance and motorised garage doors. Increase in vehicle operating expenses and non-capital equipment. 52% of expenditure excluding depreciation is grant funded, was 65% last year. FTE reduced from 2 to 1 as grant funded Bushfire Risk Planning coordinator position removed. Capital grants and contributions of $818k fund plant and equipment items, bushfire brigade shed works and infrastructure totalling $872k. Cowaramup fire shed works is a carryover.

Rangers 212 703 Revenue is similar to 2017-18 with no significant changes. Operating expenditure has reduced slightly as number of FTEs reduced from 5.6 to 5.1. Contract services increased with local laws review and inclusion of a short-term contract Ranger. 30% of expenditure funded by direct revenue is the same as last year. $40k allocated for capital works is associated with animal management and cemetery works and includes some carryovers.

Beach Lifeguards

0 126 No change in FTE. Total expenditure increased mainly due to the special project of a surf lifesaving report.

Libraries 39 987 Income from fees and charges and grant are similar to last year. Number of FTEs increasing from 7.1 to 7.6 is the main reason for the increase in expenditure. Across the board increase in other costs to meet service needs. Special projects higher due to relocation of Augusta Library back to Augusta Civic Centre.

Environmental Health

124 570 Increased revenue from fees and charges. No change in FTE. Inclusion of short-term contractor support for programs as well as the implementation of a field inspection/compliance system has increased expenditure. 22% of expenditure funded by direct revenue was 20%.

Outside School Hours Care

463 439 Increased revenue from fees and charges as well as expected grants for community support and sustainability support to fund expenditure in these areas. FTE increased from 3.7 to 3.8 but difficult to budget due to use of use of casual and part-time staff and based on 2017-18 performance, employee costs appear to be understated. Carryover of $17.5k budget for consultants to undertake a review and determine available options to meet demand for these services in the Shire as this service is the only one available and demand is increasing. Due to the increased fees and charges and possible understatement of employee costs, the overall level of cost recovery has improved to 106% of expenditure funded by direct revenue when it was 89%.


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Table 5: 2018-19 Summary of Expenditure and Funding by Business Unit (continued) Business

Unit Operating Revenue

$’000


$’000

Comments

Waste Services

4,927 2,812 $1,008k for various capital related works at the Davis Road landfill site including the construction of a third waste cell. Overall, the waste services area is budgeted to be self- supporting and as revenue raised exceeds operating and capital expenditure, $850k can be transferred to the Waste Management reserve to fund future expenditure on waste facilities for the community. Increased number of waste collection and recycling services is increasing income. Commercial waste charges expected to increase. To obtain an improved understanding of the income generated from transfer stations, revenue jobs allocated for each transfer station to record gate charges. Revenue from sullage disposal fees reduced due to capacity issues at this site. Total operating expenditure is slightly lower than last year with the number of FTEs reducing from 9.3 to 9. A number of special projects relating to the waste management strategy, the operation and future of the Davis Road site, residential and commercial waste audits and the implementation of a bin management system have been budgeted. Collection costs for waste and recycling expected to reduce due to improved collection data. Operating costs for the Davis Road site and transfer stations also expected to reduce slightly.

Town Planning

318 1,083 Decreased revenue due to the continued expectation of a reduction in the number of high value development applications. Capital income of $200k from the Developer Contribution Plan (DCP) transferred to the DCP reserve. The number of FTEs is to increase from 8.4 to 8.9. Increased operating expenditure is a result of increased special projects including the review of Local Planning Scheme number 1, review of the holiday house policy and finalisation of the Climate Change response plan. Expenditure allocated to Sustainability Initiatives has also increased.

Landcare 25 593 No change in FTE. Possible grant included to match River Foreshores Fund allocation but is a base level grant and could increase to leverage Shire funding for environmental works. Contributions to the operations of Nature Conservation Margaret River and Lower Blackwood LCDC are the same as last year. Expenditure on Special Projects increased due to some carryovers as well as $50k allocation to a River Foreshores fund. Allocation to Environmental Management Fund projects of $200k is unchanged.


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Unit Operating Revenue

$’000


$’000

Comments

Community Buildings

0 1,954 $10.782 million is also included for capital works with the main item being the redevelopment of the Cultural Centre ($8.800 million). Capital grants of $4.155 million have also been included with the majority allocated to this project. Number of FTEs allocated has increased by 1 to 2.9. Building maintenance costs for over 130 buildings/sites to increase by 5%. Cleaning costs for over 30 buildings/sites also expected to increase by 5%. A $45k contribution to the Margaret River Community Resource Centre has been included to assist with building renewal projects is an increase on the $30k provided last year. $25k allocated to asbestos monitoring and management.

Indoor Sports 280 771 Café sales are budgeted to increase but are offset by a reduction in fees and charges for the recreation area due to court being unable to be used/hired while the Cultural Centre is being redeveloped. The recoupment of Kid Sports grants has been included and has resulted in total operating revenue increasing by $18k. FTEs for indoor sports have increased from 2.4 to 2.6 and FTEs for the Café are unchanged at 0.9. Budgets for building maintenance and building operations have increased and the preparation of a sports masterplan has been included. Overall operating expenditure decrease of $64k. Overall level of subsidy expected to increase with 36% of expenditure funded by direct revenue compared to 38% for the 2017-18 amended budget.

Aquatic Centre

254 1,054 $53k allocated for Building and Plant and Equipment capital projects. Revenue growth from memberships and entrance fees expected to be minor. Decrease in FTE from 6.9 to 5.9. Minor increases in some operating budgets offset by an expected reduction in electricity charges. Overall level of subsidy expected to decrease with 24% of operating expenditure funded by direct revenue compared to 22% for the 2017-18 amended budget.

Fitness Centre 296 439 Increase in FTE from 3.7 to 3.9. Fees and charges expected to decrease and is consistent with actual revenues which are being impacted by competition. Apart from labour, expenditure budget items are similar to 2017-18. Overall level of subsidy is higher with 67% of operating expenditure funded by direct revenue compared to 71% for the 2017-18 amended budget.

Cultural Centre

1 478 Budgets allocated for removal and relocation expenses and payment to Arts Margaret River in accordance with agreement. Revenue is reimbursement for utilities. $70k capital budget for kitchen equipment and furnishings.

Augusta Recreation

42 168 $24k of capital expenditure to renew assets. No change in FTE allocation. Increased building maintenance and inclusion of a special project to prepare an Augusta Civic Park masterplan. 25% of operating expenditure funded by direct revenue compared to 30% for the 2017-18 amended budget.



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Business Unit

Operating Revenue

$’000


$’000

Comments

Gloucester Park

75 234 $49k for various capital works. Revenue from clubs and utility recoveries is similar to last year. Expenditure for Special Projects increased due to Western Pavilion planning and a possible master plan for sporting grounds. Building maintenance decreased but infrastructure maintenance included. 32% of operating expenditure funded by direct revenue compared to 32% for the 2017-18 amended budget.

Parks and Gardens

4 2,555 Capital expenditure of $2.720 million for various projects including replacement of playground equipment and public open space works. Major projects for 2018-19 include:

• the development of the Lower Western Oval which is partly funded by a Community Sport and Recreation Facilities Fund (CSRFF) grant of $332k and reserve transfers of $625k;

• drainage, landscaping and associated works in the vicinity of the Margaret River Youth Precinct; and

• the Rapids Landing shared use oval and public open space.

Inclusion of a trainee has increased the number of FTEs from 13 to 14. Total operating expenditure is similar to 2017-18 with some reprioritisation of expenditure for various reserves requiring greater resources. As well as an increased budget allocation for maintenance of the Margaret River Youth Precinct.

Asset Services

106 1,110 $370k for various capital works partly funded by grants of $45k and carryovers totalling $154k. $170k has also been included for the purchase of land for the Cape to Cape winter diversion trail. Operating revenue is lower than 2017-18 due to the removal of the $25k grant for trails planning. Majority of income is to be obtained from fees and charges. Increase in FTE from 5 to 6. Operating expenditure increase of $54k compared to the 2017-18 amended budget is primarily due to the increase in FTEs. Special projects have reduced and include a number of carryover items. Street lighting continues to be a major expenditure item but costs are being restrained with a 4% increase to the amended budget.

Construction 0 0 Capital expenditure of $7.799 million funded by grants totalling $2.032 million and carryovers of $0.706 million. Council’s contribution of $2.064 million is higher than that budgeted for 2017-18. Reserves of $2.998 million are used to fund various projects including the Margaret River main street upgrade, Ashton Street reconstruction, Heppingstone View extension and the Flinders Bay to Cape Leeuwin Lighthouse path.

Maintenance 0 8,509

Total expenditure is similar to 2017-18 with no change in the FTE allocation of 9. Increased budget allocations for ancillary works for roads, signs due to inclusion of responsibility for changeover of banners, drainage and waste collection. Reduced budgets for bridge maintenance and foreshore facilities.


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Unit Operating

Revenue $’000


$’000

Comments

Plant Program 2 169 Capital expenditure of $1.459 million funded by sale proceeds of $197k, a $0.530 million transfer from the Plant Replacement reserve and $214k of prior period funding (carryovers). Operating revenue and operating expenditure items are the non-cash recognition of profit and loss on asset disposals.

Caravan Parks

2,176 1,364 Capital expenditure of $0.929 million part funded by a $0.609 million transfer from the Caravan Parks reserve. Capital expenditure includes:

• second stage of chalets • power upgrade • road, drainage and infrastructure upgrades

Revenue projected to increase by 2% for the caravan parks and Alexandra Bridge camping ground. FTE allocation has increased from 7.8 to 8.1 with the inclusion of a cleaning position. A reduction in the contract cost of landscaping and infrastructure maintenance as well as reduced non-capital equipment has resulted in an overall reduction in operating expenditure. $200k is to be transferred to the Caravan Park Upgrade reserve.

Building Control

248 176 Increase in income compared to 2017-18. Swimming pool inspections included. Number of FTEs reduced from 2 to 1.7. Increased expenditure due to use of a private building surveyor during staff leave and contractor for pool inspections.

Public Works Overheads

75 Represents the allocation of labour and related overheads associated with the Work’s workforce. Overhead rate of 20% applied to all parks and gardens, maintenance and construction expenditure. High allocation due to value of budgeted works has left a minor balance unallocated (normally would represent depreciation and the plant operating costs overhead). No change in number of FTEs. Budgets are generally similar to 2017-18 although vehicle operating expenses re higher.

Plant Operating Costs

(209) Represents the allocation of plant maintenance costs to individual items of plant. Reduction in plant lease payments offset by increases in insurances, registration and fuel. Slight increase in FTEs from 3.2 to 3.3 to provide some administrative support. Over recovery of costs offsets the slight under recovery of public works overheads and also allows $200k to be transferred to the Plant Replacement reserve

Other Property and Services

20 53 $1.260 million included as possible proceeds from sale of property. Includes Churchill Avenue transferred to Margaret River CBD reserve, Allnutt Terrace and Greenhill Road transferred to Augusta redevelopment reserve and sale of land inventory in Rapids Landing to fund Rapids Landing shared use oval. Budget for some land sale costs has been included. Workers compensation paid and recovered is budgeted to be the same as 2017-18.


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Councillor and Community Requests Requests from Councillors and the community provided to staff during the year or that were advised at the draft Budget workshops on 6 June and 13 June 2018 have been included in the draft Budget. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The draft Annual Budget 2018-19 has been prepared in accordance with the Local Government Act 1995 and associated Local Government Financial Management (Regulations 1996), together with the Australian Accounting Standards. Section 6.2 of the Local Government Act and, Part 3 of the Local Government (Financial Management) Regulations detail the form and manner in which an annual budget is to be presented to the Council for adoption. In accordance with Section 6.36 of the Local Government Act 1995 the Shire has given the appropriate notice of its intention to impose differential general rates and specified minimum payments in respect of each differential rate category. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective and integrated strategy, planning, financial and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The draft Annual Budget 2018-19 determines the financial operations of the Shire for the 2018-19 financial year. SUSTAINABILITY IMPLICATIONS Environmental The draft Annual Budget 2018-19 includes activities and programs that take into consideration the Shire’s key result area of valuing, protecting and enhancing the natural environment. Social The draft Annual Budget 2018-19 includes activities and programs that take into consideration the Shire’s key result areas of welcoming, inclusive and healthy communities and ensuring sustainable development. Economic The draft Annual Budget 2018-19 includes activities and programs that take into consideration the Shire’s key result areas of a vibrant and diverse economy and effective leadership and governance. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council having considered proposed revenues, expenditures and budget efficiency measures for 2018-19 approves the draft Budget for 2018-19 with the following changes: ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Draft Budget for 2018-19


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RECOMMENDATION CR TOWNSHEND, CR MCLEOD That Council having considered proposed revenues, expenditures and budget efficiency measures for 2018-19 approves the draft Budget for 2018-19 with the following changes:

0/0 Cr Godden moved the following amendment: AMENDMENT / COUNCIL DECISION CR GODDEN, CR MEDLRUM OM2018/157 That Council allocated $25,000 for Osmington Community Recovery in the 2018/19 budget subject to a report coming back to Council, and that savings are made by:

a) removing $10,000 for visit to Haining – MC02 b) removing $10,000 for Process Improvement – DCC20

CARRIED 7/0

REASON Cr Godden spoke to the motion stating the Health and Community sub-committees for the Osmington Community Recovery recommended that Council allocate 0.2FTE to a community worker to undertake community outreach and support community groups. Cr Godden indicated that this will supplement 0.5FTE being provided by WA Public Health Alliance for an allied health professional to map health services in AMR, support GPs and allied health professionals with training and information, and identify health and community needs and establish systems to support the AMR community for future traumatic emergencies and events. This then became the primary motion: PRIMARY MOTION CR TOWNSHEND, CR MCLEOD That Council having considered proposed revenues, expenditures and budget efficiency measures for 2018-19 approves the draft Budget for 2018-19 with the following changes:

1. That Council allocate $25,000 for Osmington Community Recovery in the 2018/19 budget

subject to a report coming back to Council, and that savings are made by: a) removing $10,000 for visit to Haining – MC02 b) removing $10,000 for Process Improvement – DCC20

0/0 Cr Townshend moved the following amendment: AMENDMENT CR TOWNSHEND, CR MCLEOD That Council allocates an additional $75,000 to the Streams and Wetlands Fund (job LCA50) by reducing the Path Expansion budget (job PXN012) by this amount.

0/0 REASON Cr Townshend spoke to the motion stating she had attended a Nature Conservation presentation on the Foreshore Management Plan. Cr Townshend informed the meeting that actions had been written but funds were required to put them in action. Cr Godden, with the agreement of the mover and seconder, added the following point 2 to the amendment: ‘That Council looks to identify further funds for the environment in the mid year budget review’. REASON To allow opportunity for further funding in the future if required. This was then incorporated into the amendment:


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AMENDMENT / COUNCIL DECISION CR TOWNSHEND, C GODDEN OM2018/158 1. Council allocates an additional $75,000 to the Streams and Wetlands Fund (job LCA50) by

reducing the Path Expansion budget (job PXN012) by this amount. 2. That Council looks to identify further funds for the environment in the mid-year budget

review CARRIED 7/0

This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION CR TOWNSHEND, CR MCLEOD OM2018/159 That Council having considered proposed revenues, expenditures and budget efficiency measures for 2018-19 approves the draft Budget for 2018-19 with the following changes: 1. That Council allocated $25,000 for Osmington Community Recovery in the 2018/19 budget

subject to a report coming back to Council, and that savings are made by: a) removing $10,000 for visit to Haining – MC02 b) removing $10,000 for Process Improvement – DCC20

2. Council allocates an additional $75,000 to the Streams and Wetlands Fund (job LCA50) by reducing the Path Expansion budget (job PXN012) by this amount.

3. That Council looks to identify further funds for the environment in the mid-year budget review.

CARRIED 7/0


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11.4.5 SUBMISSIONS ON 2018-19 DIFFERENTIAL RATES AND MINIMUM PAYMENT LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/11 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF

• Council approved the advertising of the proposed 2018-19 differential rating categories, rate in the dollar and minimum payments together with the proposed service and waste charges for the year ending 30 June 2019 at the Ordinary Meeting of 23 May 2018.

• Differential rates were advertised for a minimum period of 21 days with the closing time and date for submissions being 4pm Thursday 21 June 2018.

• Advertisements were placed in the local newspaper for 4 consecutive weeks from and including Wednesday 30 May 2018.

• One submission objecting to the proposed differential rates were received as of 4pm Thursday 21 June 2018.

• The Shire requires Ministerial approval to levy minimum payments for the differential rating category of Residential Vacant as the number of properties to be levied the minimum exceeds the 50% parameter specified in Section 6.35 (4) of the Local Government Act 1995 (LG Act).

• Department of Local Government, Sport and Cultural Industries (DLGSC) Rating Policy Minimum Payments (s.6.35) March 2016 requires Council to consider submissions received prior to Ministerial approval being considered.

RECOMMENDATION That Council: 1. Notes the submission received objecting to the differential rates and minimum payments proposed

for 2018-19; 2. Advises the submitter that no change is proposed to be made to the differential rates; and 3. Approves an application be made to the Minister for Local Government, Heritage, Culture and the

Arts to seek approval in accordance with Section 6.35 of the Local Government Act 1995 to impose a minimum payment on more than 50% of the properties in the Residential Vacant land category.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Council considered the proposed differential rates and minimum payments for the 2018-19 financial year at the Ordinary Meeting of 23 May 2018. These rates were advertised for public comment on Wednesday 30 May 2018, Wednesday 6 June 2018 and Wednesday 13 June 2018 in the Augusta Margaret River Mail. Advertising was undertaken in accordance with the provisions of the LG Act with the 21 day public submission period for ratepayers expiring at 4.00pm on Thursday 21 June 2018.


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CONSULTATION AND ADVICE External Consultation The proposed differential rating categories, rates in the dollar and minimum payments were advertised in the local newspaper. Ratepayers and electors were provided with 22 days to lodge a submission. Closing date for submissions was 4pm Thursday 21 June 2018. At the closing date, one submission had been received. Internal Consultation Coordinator Revenue and Customer Services DISCUSSION / OFFICER COMMENTS One submission was received that objected to the proposed 2018-19 differential rates. A copy of this submission is attached. The following table summarises the contents of the submission received and the staff response to the issues raised in the submission.

Submission Date

Summary of Submission Issues Staff Comment

29/5/18 Received from: McMahon Mining Title Services Pty Ltd Note this company provided a submission on 9 June 2017 relating to the 2017-18 advertised rates. This submission was similar and requested the Shire consider a reduction, stay or concession in the minimum rate applicable to Exploration and Prospecting Licences. “We act for a number of exploration and prospecting companies in WA and thank you for the opportunity to make a general submission regarding the proposed rates for 2018-19. We would like to take the opportunity to ask the Shire to consider a separate and lower minimum rate for UV mining tenements (a change that has been made in other Shires). The proposed minimum ($1,461) is one of the highest levied on mining tenements (more than seven times the minimum charged by some shires). It is also more than the total rent payable on some mining tenements, for instance more than the maximum annual rent payable on a Prospecting Licence (currently $500) –seemingly resulting in a situation where the value of the primary right in the land from the State Government is less than the Local Government’s ancillary services associated with usage of the land. We also note that valuations provided by the Valuer General are used to calculate rates each year, and that valuations are based on based on the rent rate imposed by the Department of Mines, Industry Regulation and Safety. In 2018-2019 the Department will increase the rent rate by 1.5% for

Mining tenements are normally measured in hectares and may cover one, many or part of a property. The holder of an exploration licence or mining tenement is unable to use the property for rural purposes as the licence/tenement is a right that overlays the property or properties. As they overlay rural properties the basis of rating is their unimproved value (UV). The UV of a mining tenement or exploration lease is calculated by the Department of Mines, Industry Regulation and Safety and provided to Landgate. Typically, their valuation is low which results in the minimum payment being levied. The properties subject to mining or exploration licences are usually rural land and are categorised as UV Rural for rating purposes by the Shire. The characteristics of these properties are they are zoned priority agriculture, general agriculture, cluster farm and the predominant land use is rural. The Shire’s Local Planning Scheme number 1 (LPS1) does not make any distinction in land use for exploration licences or mining tenements as these activities fall outside of the jurisdiction of the planning legislation. The Shire’s property rating database has 5 exploration licences and 14 mining tenements. All of these assessments are charged the minimum UV Rural payment as the highest unimproved value of a licence/tenement is $67,760. These licences/tenements range in size from 3 hectares to 769 hectares.


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exploration licences and 6% for prospecting licences and all other mining tenements to fund the Exploration Incentive Scheme (EIS). This rent increase will result in an automatic increase in rates even before any further increase in the rate in the dollar or minimum is applied by the Shire. The EIS is aimed at generating exploration activity and the lower rent rate increase for exploration licences is intended to protect the junior sector in finding the deposits of the future. Further increase in rates on top of the automatic increase, may result in double-dipping and diminish these intended effects. We ask that you consider the automatic increase in your rates modelling and give consideration to whether the rates for mining tenements can be reduced for the 2018-2019 year.”

Consistent with other local governments the Shire rates the individual property owners and also rates the holder of the exploration licence or mining tenement. As the holder of an exploration licence or mining tenement operates on rural land, but is limited to certain activities, the granting of a lesser minimum payment than the amount of $1,461 proposed for 2018-19 could be considered in accordance with Section 6.35(2) of the Local Government Act 1995. The Shire currently applies a lesser minimum payment to the 37 properties in the UV Strata Title Vineyard category and this lesser minimum would also have to apply for mining tenements. The financial impact of a lesser minimum payment would be to reduce the proposed rates levied for the 14 minimum payments from $20,454 to $12,012 if the lesser minimum payment of $858 that is proposed for Strata Title Vineyard properties is applied. The reduction in rate income would be $8,442. However, a lesser minimum payment is not supported for mining tenements for a number of reasons including:

• Mining tenements do confer a land use and although the impact may be minimal, it is appropriate holders of tenements (and exploration licences) provide a contribution to the operation of the Shire.

• As the activities occur on rural land, rating on the basis of the rural category is appropriate and necessary as the absence of a specific land use in LPS1 prevents a specific differential rating category being created.

• The holder of a mining tenement has the option to relinquish their right and surrender the tenement.

• The high value the community of the Shire of Augusta Margaret River place in the natural environment as outlined in the Community Strategic Plan 2036.

Ministerial Approval DLGC Rating Policy Minimum Payments (s.6.35) March 2016 requires local governments requesting approval of differential rates to complete a formal Application Form with the following attachments:


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1. Copy of the minutes that Council reviewed and considered budget efficiency measures; 2. Copy of the Statement of Objects and Reasons; 3. Copy of the minutes where Council adopted the Statement of Objects and Reasons; 4. Copy of letters to ratepayers where there are less than 30 in a category; 5. Copy of any submissions received; 6. Copy of the response to submissions; 7. Copy of the public notice; 8. Copy of the Council agenda and minutes where submissions were considered; and 9. Copy of the minutes where Council resolved to make an application to the Minister;

It is proposed to lodge the Application Form and its attachments with the DLGSC on Thursday 28 June 2018. This should allow sufficient time for the DLGSC to consider the Shire‘s request and allow Council to formally adopt the rates for 2018-19 at the Ordinary Meeting on 25 July 2018. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Part VI of the LG Act deals with the levying of differential rates.

• Sections 6.32 and 6.33 state that Council may impose differential rates based on differential categories.

• Section 6.35 states that Council may impose a minimum payment for each category. • Section 6.35(4) limits local governments from imposing a minimum payment on more than 50%

of the properties in a category. • Section 6.35(5) states a local government may seek the approval of the Minister to impose a

minimum payment on vacant land that applies to more than 50% of the properties in the category.

• Section 6.36 requires the local government to give the appropriate notice of its intention to impose differential rates and minimum payments in respect to each differential rate category.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective Leadership and Governance. Community Outcome 2: Effective and integrated strategy, planning, financial and asset management. Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. Service level strategy/plan: Bill property rates on adoption of the Shire’s annual budget. Policy Policy CCSP2 Shire Rating endorsed by Council on 24 November 2017 (OM2017/296) outlines the administrative processes in applying differential rates. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Rate revenue is the main source of funding for the Shire and Ministerial approval will ensure the 2018-19 rates are able to be adopted by Council at the Ordinary Meeting of 25 July 2018. The level of rate increase is required to reduce the gap between operating expenditure and operating revenue as well as contributing funds for the renewal of the Shire’s asset base. SUSTAINABILITY IMPLICATIONS Environmental Rate revenue is used to carry out works on parks, reserves, beaches, foreshores and all other land owned and managed by the Shire which has an impact on the environment. There is continued demand for these activities. Social Rate revenue is used by the Shire to carry out a range of community oriented activities which impact on the social fabric of the community.


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Economic Rate revenue allows the Shire to undertake a wide range of services and activities, many of which directly result in an economic benefit for the community of the Shire. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Notes the submission received objecting to the differential rates and minimum payments proposed

for 2018-19; 2. Advises the submitter that no change is proposed to be made to the differential rates; and 3. Approves an application be made to the Minister for Local Government, Heritage, Culture and the

Arts to seek approval in accordance with Section 6.35 of the Local Government Act 1995 to impose a minimum payment on more than 50% of the properties in the Residential Vacant land category.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Copy of submission Cr Meldrum left Chambers at 7.19pm Cr Meldrum re-entered Chambers at 7.19pm RECOMMENDATION / COUNCIL DECISION CR EARL, CR GODDEN OM2018/160 That Council: 1. Notes the submission received objecting to the differential rates and minimum payments

proposed for 2018-19; 2. Advises the submitter that no change is proposed to be made to the differential rates; and 3. Approves an application be made to the Minister for Local Government, Heritage, Culture

and the Arts to seek approval in accordance with Section 6.35 of the Local Government Act 1995 to impose a minimum payment on more than 50% of the properties in the Residential Vacant land category.

CARRIED 7/0


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12. MOTIONS FROM MEMBERS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 12.1 Trail between Augusta Boat Harbour and Dead Finish – Cr Smart On 20 June 2018 Cr Smart gave notice of the following motion: MOTION That Council: 1. Appoint a trail consultant to finalise construction details and await a clearing permit for the trail

section between Augusta Boat Harbour and Dead Finish, with the aim to construct as soon as possible in the 2018-19 construction season.

2. Seek external and internal quotes to determine the most cost efficient method of constructing this

section of the Trail. 3. Call a meeting of the Augusta Path/Trail Group and the appointed consultant to determine the

status of the group and its composition and to formally determine a potential alignment for the sections beyond Dead Finish;

4. Commission the trail consultant to conduct a feasibility analysis/concept plan of the trail

and corridor for the entire section between Dead Finish and the Lighthouse. 5. Commission flora fauna surveys (Spring 2018) for the preferred corridor; and, 6. Commission trail consultant to develop a detailed plan and costing for distinct trail sections, ready

to allow procurement for continued construction, in a timely manner on a staged basis, utilizing current and future budgeted funds.

7. Seek supporting grant funding for further stages after having determined their alignment and

cost. 8. Consider redirecting LTFP funding from the Wadandi Trail to the Lighthouse trail/path until its

completed. The CEO issued the following advice: CEO ADVICE The CEO recommends that Council not proceed with the proposed motion as outlined due to: a) Strong community feedback supporting completion of the Wadandi Track, evidenced in the public

consultation on the Leeuwin Naturaliste 2050 Cycling Strategy, a regional strategy identifying the track as a major north-south spine for both commuter and recreational cycling, including interconnections with other strategic cycle routes and trails along the way and the ultimate link to the trail to Cape Leeuwin.

b) There being no major impediments to extending the Wadandi Track southwards to Vlam Road over the next few years. The former railway formation is in good condition, with only minor sections requiring construction of an elevated track, including some culverts to ensure continuity of access during the winter season (e.g. a culvert crossing at McLeods Creek, replacing the existing ford that is at times impassable for pedestrians and cyclists).

c) All land tenure issues already having been resolved, with the former Department of Lands having granted consent to the Shire to construct the Wadandi Track through the sections of Unallocated Crown Land (UCL). These land parcels were originally freehold land that was converted to railway reserve and then converted to UCL after the railway ceased operating; hence, conversion of previously disturbed land to a trail purpose did not pose any concerns.


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d) Extensive feasibility and trail planning studies already having been completed and supported by Lotterywest, the Shire and the City of Busselton, as well as the National Trust of Australia and Dowark Foundation, comprising an Aboriginal cultural heritage assessment and values survey (Applied Archaeology Australia, 2013), an environmental survey, a trails plan, a business plan and an interpretation plan). These documents not only point the way for further development and construction of the trail, they provide the steering committee with a clear, well-articulated and costed blue print to approach funding bodies.

e) The Wadandi Track facilitating a range of recreational opportunities and providing important social benefits to the community, including physical and mental health and wellbeing, fostering a sense of place and contributing to future lifestyle options. Further promoting the Wadandi Track as an iconic Western Australian trail offers great eco-tourism opportunities, allowing users to experience the Margaret River region through its natural environment, Aboriginal heritage and rich European history. The continuation of the trail adds further to the unique recreational facility for locals and visitors alike, while conserving significant heritage and environmental values

f) The proposed motion providing opportunity for consultation only with the Augusta Path/Trails group.

This group comprises only four community members that were selected by former “Leeuwin Ward” councillors. Given Councillors’ feedback received during a recent site visit and associated Councillor briefing, it would appear the tabled alignment and envisaged type of track now differ significantly from the information previously advertised for public comment and resolved by Council. Furthermore, the Augusta Path/Trails group is yet to demonstrate consideration of environmental, financial and safety aspects of the recommended alignment (OM2016/46). Hence, a further opportunity for broader public input and subsequent resolution by Council should be considered.

g) Related to point f), the proposed motion being contrary to Council’s decision OM 2016/189, which requires a report to be brought to Council regarding the implementation progress of the proposed Cape Leeuwin Trail and for further consideration of alternative options of trail implementation in a cost effective manner. In considering the proposed motion, Council would need to first formally rescind decision OM2016/189.

Given the above reasons, the CEO suggests that Council could consider the following amended motion as outlined below: CEO AMENDED MOTION That Council: 1. Appoints a trail consultant to finalise construction details and await a clearing permit for the trail

section between Augusta Boat Harbour and Dead Finish, with the aim to construct as soon as possible in the 2018-19 construction season.

2. Seeks external and internal quotes to determine the most cost efficient method of constructing this section of the Trail.

3. Calls a meeting of the Augusta Path/Trail Group and the appointed consultant to determine the status of the group and its composition and to formally determine a potential alignment for the sections beyond Dead Finish;

4. Commissions the trail consultant to conduct a feasibility analysis/concept plan of the trail and corridor for the entire section between Dead Finish and the Lighthouse, and a preliminary cost estimate.

5. Commissions flora fauna surveys (Spring 2018) for the preferred corridor; and,

6. Receives a report on the preferred alignment and preliminary cost and consider the need to amend

the allocation for the project in the Long Term Financial Plan.

7. Commissions trail consultant to develop a detailed construction plan and costing for distinct trail sections, ready to allow procurement for continued construction, in a timely manner on a staged basis, utilizing current and future budgeted funds.


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8. Seeks supporting grant funding for further stages after having determined their alignment and cost. Cr Smart moved the following motion with amendments and an additional point 6: MOTION CR SMART, CR MCLEOD Council asks that the CEO: 1. Make a recommendation to Council on the appointment of a specialised trail consultant to;

a) finalise construction details, and await a clearing permit for the trail section between Augusta Boat Harbour and Dead Finish, with the aim to complete construction by November 2018.

b) Complete the work required in sections 1,3,4 and 7 of this motion.

2. Once construction details are finalised seeks external and internal quotes to determine the most cost efficient method of constructing this section of the Trail.

3. Calls a meeting of the Augusta Path/Trail Group, relevant officers and the appointed consultant to determine the status of the group and its composition and to formally determine a potential alignment for the sections beyond Dead Finish;


5. Commissions flora fauna surveys (Spring 2018) and Aboriginal Heritage surveys if required,

for the preferred corridor from Dead Finish to the Lighthouse once the alignment is determined.

6. Receives a report on the preferred alignment and preliminary cost and consider the need to amend the allocation for the project in the Long Term Financial Plan.

7. Commissions the trail consultant to develop a detailed construction plan and costing for distinct trail sections, ready to allow procurement for continued construction, in a timely manner on a staged basis, utilizing current and future budgeted funds.

8. Seeks supporting grant funding for further stages including dedicated interpretive signage to ensure the creation of a world class walking/cycle track, after having determined their alignment and cost.

0/0 Cr Lane moved the following amendment: AMENDMENT CR LANE, CR MCLEOD That the words ‘subject to satisfactory costings’ be added to point 1b.

0/0

REASON Cr Lane spoke to amendment stating that Council need to know the cost in order to understand if it’s reasonable. With consent of the mover and seconder, Cr Earl added the following words to the amendment: ‘of each section’. AMENDMENT / COUNCIL DECISION CR LANE, CR MCLEOD OM2018/161 That the words ‘subject to satisfactory costings of each section’ be added to point 1b.

CARRIED 4/3


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CRS SMART, MELDRUM AND TOWNSHEND VOTED AGAINST This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION CR SMART, CR MCLEOD OM2018/162 Council asks that the CEO: 1. Make a recommendation to Council on the appointment of a specialised trail consultant to;

a) finalise construction details, and await a clearing permit for the trail section between Augusta Boat Harbour and Dead Finish, with the aim to complete construction by November 2018.

b) Complete the work required in sections 1,3,4 and 7 of this motion subject to satisfactory costings of each section.

2. Once construction details are finalised seeks external and internal quotes to determine the

most cost efficient method of constructing this section of the Trail.

3. Calls a meeting of the Augusta Path/Trail Group, relevant officers and the appointed consultant to determine the status of the group and its composition and to formally determine a potential alignment for the sections beyond Dead Finish;


5. Commissions flora fauna surveys (Spring 2018) and Aboriginal Heritage surveys if required,

for the preferred corridor from Dead Finish to the Lighthouse once the alignment is determined.

6. Receives a report on the preferred alignment and preliminary cost and consider the need to amend the allocation for the project in the Long Term Financial Plan.

7. Commissions the trail consultant to develop a detailed construction plan and costing for distinct trail sections, ready to allow procurement for continued construction, in a timely manner on a staged basis, utilizing current and future budgeted funds.

8. Seeks supporting grant funding for further stages including dedicated interpretive signage to ensure the creation of a world class walking/cycle track, after having determined their alignment and cost.

CARRIED 7/0


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13. MOTIONS FOR CONSIDERATION AT NEXT MEETING 13.1 Policy on Advertising Requirements for Various Land Uses – Cr Meldrum Cr Meldrum gave notice of the following motion to be considered at the 25 July 2018 Ordinary Council Meeting: MOTION Requests that the CEO prepare a report on options for a policy which describes the advertising requirements for various land uses including non rural uses in rural zones. The policy should have a focus on allowing greater community participation and input into the decision making process. 14. NEW BUSINESS OF AN URGENT NATURE 14.1. Members Nil 14.2. CEO Nil 15. CONFIDENTIAL BUSINESS PROCEDURAL MOTION / COUNCIL DECISION CR EARL, CR MCLEOD OM2018/163 That the meeting go behind closed doors.

CARRIED 7/0 Members of the public left chambers at 7.39pm


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15.1 SAT REVIEW - WITHCHLIFFE ECOVILLAGE DAM LOCATION/ADDRESS Lot 2812 Bussell Highway, Witchcliffe APPLICANT/LANDOWNER Sustainable Settlements Pty Ltd, Perron Developments Pty Ltd FILE REFERENCE P217531; PTY/1650 REPORT AUTHOR Matt Slocomb, Acting Strategic Projects Officer and Senior Planning

Officer AUTHORISING OFFICER Matt Cuthbert, Acting manager Planning and Development

Cr Godden left Chambers at 7.39pm as she disclosed a financial interest at Item 3.1. RECOMMENDATION That the meeting be closed to the public for the purpose of discussing item 15.1 as it required that this matter be dealt with behind closed doors under section 5.23 (2) (d) of the Local Government Act 1995, and under the State Administrative Tribunal Act 2004. Reasons: 5.23 (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting. State Administrative Tribunal Act 2004 Discussion of communications made in mediation, which are confidential. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That the meeting be closed to the public for the purpose of discussing item 15.1 as it required that this matter be dealt with behind closed doors under section 5.23 (2), (c) and (d) of the Local Government Act 1995, Reasons: 5.23 (d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting. State Administrative Tribunal Act 2004 Discussion of communications made in mediation, which are confidential. ADDENDUM


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15.1 SAT REVIEW - WITHCHLIFFE ECOVILLAGE DAM LOCATION/ADDRESS Lot 2812 Bussell Highway, Witchcliffe APPLICANT/LANDOWNER Sustainable Settlements Pty Ltd, Perron Developments Pty Ltd FILE REFERENCE P217531; PTY/1650 REPORT AUTHOR Matt Slocomb, Acting Strategic Projects Officer and Senior Planning

Officer AUTHORISING OFFICER Matt Cuthbert, Acting Manager Planning and Development

RECOMMENDATION That Council resolves to vary the decision made at the Ordinary Meeting of Council of 24 January 2018, to approve a dam and earthworks at Lot 2812 Bussell Highway, Witchcliffe by replacing conditions 1, 4 and 6 with the following:

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications P1 – P2 received at the Shire Offices on the 7 June 2018, P3 received at the Shire Offices on the 13 December 2017, P4 – P9 received at the Shire Offices on the 30 April 2018

4. The Dam, the subject of this approval, shall be surveyed prior to installation of the spillway in order to ensure that the maximum storage capacity does not exceed 100ML. A copy of the survey shall be provided to the Shire and the Department of Water and Environmental Regulation prior to the installation of the spillway. (P)

6. Monitoring of the low flow bypass shall be undertaken in accordance with the approved

‘Witchcliffe Ecovillage Dam Bypass Monitoring Plan, June 2018" received by the Shire on the 21 June 2018.

RECOMMENDATION / COUNCIL DECISION CR EARL, CR LANE OM2018/164 That Council resolves to vary the decision made at the Ordinary Meeting of Council of 24 January 2018 , to approve a dam and earthworks at Lot 2812 Bussell Highway, Witchcliffe by replacing conditions 1, 4 and 6 with the following:

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications P1 – P2 received at the Shire Offices on the 7 June 2018, P3 received at the Shire Offices on the 13 December 2017, P4 – P9 received at the Shire Offices on the 30 April 2018

4. The Dam, the subject of this approval, shall be surveyed prior to installation of the spillway in order to ensure that the maximum storage capacity does not exceed 100ML. A copy of the survey shall be provided to the Shire and the Department of Water and Environmental Regulation prior to the installation of the spillway. (P)


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6. Monitoring of the low flow bypass shall be undertaken in accordance with the approved ‘Witchcliffe Ecovillage Dam Bypass Monitoring Plan, June 2018" received by the Shire on the 21 June 2018.

CARRIED 6/0 Cr Godden re-entered Chambers at 7.43pm PROCEDURAL MOTION / COUNCIL DECISION CR EARL, CR SMART OM2018/165 That the meeting come out from behind closed doors.

CARRIED 7/0 16. CLOSURE OF MEETING The Shire President thanked all in attendance and declared the meeting closed at 7.44pm