18 december 2007 minutes - shire of ashburton · the shire president welcomed greg dellar and...

MINUTES – ORDINARY MEETING OF COUNCIL 1 18 December 2007

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES

Ashburton Hall, PARABURDOO

18 December 2007


SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING Dear Councillor, Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Tuesday 18 December, 2007 at Ashburton Hall, Ashburton Avenue, Paraburdoo commencing at 9.00am. The business to be transacted is shown in the Agenda. Keith Pearson CHIEF EXECUTIVE OFFICER 12 December 2007

DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.


1.12.0 DECLARATION OF OPENING ..................................................................................................................... 5

2.12.0 ANNOUNCEMENT OF VISITORS................................................................................................................. 5

3.12.0 ATTENDANCE.............................................................................................................................................. 5

3.12.01 PRESENT .....................................................................................................................................................5

3.12.02 APOLOGIES .................................................................................................................................................5

3.12.03 APPROVED LEAVE OF ABSENCE...............................................................................................................5

4.12.0 PUBLIC QUESTION TIME ............................................................................................................................ 6

4.12.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE......................................................6

4.12.02 PUBLIC QUESTION TIME.............................................................................................................................6

5.12.0 APPLICATIONS FOR LEAVE OF ABSENCE ............................................................................................... 6

6.12.0 PETITIONS / DEPUTATIONS / PRESENTATIONS....................................................................................... 6

6.12.01 PETITIONS ...................................................................................................................................................6

6.12.02 DEPUTATIONS.............................................................................................................................................6

6.12.03 PRESENTATIONS ........................................................................................................................................6

7.12.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING........................................................................... 6

7.12.01 ORDINARY MEETING OF COUNCIL HELD ON 20 November 2007 .............................................................7

8.12.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION ............................................ 7

9.12.0 DECLARATION BY MEMBERS.................................................................................................................... 7

10.12.0 ENGINEERING SERVICES REPORTS......................................................................................................... 8

10.12.29 TEMPORARY ROAD CLOSURE – YAMPIRE GORGE ROAD ......................................................................8

10.12.30 TENDER FOR THE 3 YEAR CONTRACT FOR SUPPLY AND SPRAYING OF BITUMINOUS SEAL RFT 14/07 .........................................................................................................................................11

10.12.31 ROEBOURNE – WITTENOOM ROAD........................................................................................................14

10.12.32 SUPPLY OF ONE (1) SELF-PROPELLED VIBRATING SMOOTH DRUM ROLLER REQUEST FOR TENDER 13/17............................................................................................................................................17

10.12.33 ENGINEERING SERVICES DECISION STATUS REPORT.........................................................................22

11.12.0 COMMUNITY SERVICES REPORTS.......................................................................................................... 26

11.12.15 COMMUNITY SERVICES DECISION STATUS REPORT ............................................................................26

12.12.0 CORPORATE SERVICES REPORTS ......................................................................................................... 28

12.12.76 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY ...................................................................28

12.12.77 REVIEW COUNCIL POLICY EMP19 STAFF HOUSING ..............................................................................30

12.12.78 AUTHORISED OFFICERS – DOG ACT 1976..............................................................................................32

12.12.79 CONSIDERATION OF THE STRATEGIC PLAN 2007-2011 (INCORPORATING THE SHIRE PLAN FOR THE FUTURE) ....................................................................................................................................34

12.12.80 CHANGE OF NAME - WITTENOOM ...........................................................................................................38

12.12.81 LOCAL GOVERNMENT (OFFICIAL CONDUCT) AMENDMENT ACT 2007 .................................................41

12.12.82 CORPORATE SERVICES STATUS REPORT............................................................................................44


13.12.0 DEVELOPMENT SERVICES REPORTS..................................................................................................... 48

13.12.43 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7........................................................................................................................48

13.12.44 DRAFT LOCAL PLANNING POLICY – TRANSIENT WORKFORCE ACCOMMODATION ...........................50

13.12.45 PROPOSED MESA A IRON ORE MINE – IRON ORE (ROBE RIVER) AGREEMENT ACT 1964.................57

13.12.46 APPOINTMENT OF BUSH FIRE CONTROL OFFICERS.............................................................................62

13.12.47 DEVELOPMENT SERVICES DECISION STATUS REPORT.....................................................................64

14.12.0 WESTERN OPERATIONS REPORTS ........................................................................................................ 74

14.12.21 WESTERN OPERATIONS DECISION STATUS REPORT...........................................................................74

15.12.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING........................ 80

15.12.05 LATE ITEM – LYNDON LAND CONSERVATION DISTRICT COMMITTEE (LCDC).....................................80

16.12.0 CONFIDENTIAL REPORTS........................................................................................................................ 82

1612.22 CONFIDENTIAL ITEM – TOM PRICE TOURIST PARK – LEASE ASSIGNMENT RESERVE 38762............83

16.12.23 CONFIDENTIAL ITEM LEASE –SUN CHALETS, ONSLOW (RESERVE 35889)..........................................85

16.12.24 CONFIDENTIAL ITEM – SENIOR MANAGEMENT STAFF..........................................................................86

17.12.0 NEXT MEETING ......................................................................................................................................... 87

18.12.0 CLOSURE OF MEETING ................................................................................................................................ 87


1.12.0 DECLARATION OF OPENING

The Shire President declared the meeting open at 9:06am

2.12.0 ANNOUNCEMENT OF VISITORS

The Shire President welcomed Greg Dellar and Jennifer Pidgeon from Fortescue Metals Group.

3.12.0 ATTENDANCE

3.12.01 PRESENT

Cr L Corker Shire President, Ashburton Ward Cr L Rumble Deputy Shire President, Paraburdoo Ward Cr H Martin Tom Price Ward Cr T Bloem Tom Price Ward Cr C Fernandez Tom Price Ward Cr I Dias Paraburdoo Ward Cr K White Onslow Ward Mr Keith Pearson Chief Executive Officer Mr J Breen Executive Manager Engineering Services Mr B Smith Executive Manager Development Services Mr L Softley Executive Manager Community & Economic Services Ms B Shields Executive Assistant Chief Executive Officer

3.12.02 APOLOGIES

Ms Amanda O’Halloran Executive Manager Western Operations Cr Lorraine Thomas Tableland Ward

Council Decision MOVED : Cr Bloem SECONDED : Cr Dias That Council accept the apologies from Cr Lorraine Thomas and Ms Amanda O’Halloran.

CARRIED 7/0

3.12.03 APPROVED LEAVE OF ABSENCE

Cr Dann applied for, and received, approved leave of absence for the 18 December 2007 meeting of Council at Ordinary Meeting of Council held on 20 November 2007.


4.12.0 PUBLIC QUESTION TIME

4.12.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

There were no outstanding responses to questions taken on notice during public question time at previous meetings.

4.12.02 PUBLIC QUESTION TIME

Members of the public are permitted to address Council, asking questions in accordance with the procedures outlined in the Attendance Register.

There were no attendees in the public gallery therefore no questions were asked

5.12.0 APPLICATIONS FOR LEAVE OF ABSENCE

Cr Hugh Martin, Tom Price Ward

Council Decision MOVED : Cr Bloem SECONDED : Cr Fernandez That Council approve the leave of absence for Cr Hugh Martin for the 19 February 2008 meeting.

CARRIED 7/0

6.12.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

6.12.01 PETITIONS

There were no petitions presented to Council

6.12.02 DEPUTATIONS

There were no deputations presented to Council

6.12.03 PRESENTATIONS

Fortescue Metals Group (FMG) – 9:15am ATTACHMENT 6.12.03

7.12.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING


7.12.01 ORDINARY MEETING OF COUNCIL HELD ON 20 November 2007

� .

8.12.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

The Shire President had no announcements.

9.12.0 DECLARATION BY MEMBERS

That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting. Cr Rumble, Cr White, Cr Fernandez, Cr Bloem, Cr Dias, Cr Martin and Cr Corker all declared they haven given due consideration to the Agenda.

Council Decision MOVED : Cr Dias SECONDED : Cr Rumble That the Minutes of the Ordinary Meeting of Council held on 20 November 2007, as previously circulated on 04 December 2007, be confirmed as a true and accurate record with the exception that we include the minute silence for Mr Robert Bogle.

CARRIED 7/0


10.12.0 ENGINEERING SERVICES REPORTS

10.12.29 TEMPORARY ROAD CLOSURE – YAMPIRE GORGE ROAD

FILE REFERENCE: ES.RM7 AUTHOR’S NAME AND POSITION:

Victoria Reid Project/Administration Officer Engineering Services

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 07 December 2007 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 10.06.16 Ordinary Meeting of Council 19 June 2007

Summary Council, at its June 2007 meeting resolved to temporarily close for an eighteen month period a ten (10) kilometre section of Yampire Gorge Road, from a point three (3) kilometres south of Nanutarra – Munjina, due to flood damage. At the same time, Council instructed staff to close the remaining two sections of road for a period to coincide with the original closure. This report progresses that matter.

Background Council, at its June 2007 meeting resolved to temporarily close a ten (10) kilometre section of Yampire Gorge Road, from a point three (3) kilometres south of Nanutarra-Munjina Road for an eighteen month period, due to flood damage. The temporary closure was undertaken pursuant to Section 3.50 of the Local Government Act. In addition to closing the central section of Yampire Gorge Road, Council also resolved

”(To) commence the process for closing the two remaining sections (of Yampire Gorge Road) for a period to co-incide with the current 18 months.”

The attached map shows the sections of Yampire Gorge Road effected.

ATTACHMENT 10.12.29


The temporary road closures were advertised, (as prescribed in the Local Government Act section 3.5) in a local newspaper (Pilbara News, 01 August, 2007), on public notice boards, and in letters to service providers and community groups. Comments received are summarised below. Date Received Name Address Brief Summary 29th August 2007

Horizon Power

510 Abernathy Road, Kewdale

Horizon has no control over this area and therefore no comments

2nd August 2007

Department of Environment and Conservation

Mardie Road, Karratha

Due to extensive renovation of road surface required, the task of stabilizing crocidolite fibres and possible environmental impacts on wetlands the department strongly recommends permanent closure of Yampire Gorge Road.

Comment Neither of the submissions received object to the closure of the road. This is consistent with the outcome of the advertising process undertaken when closing the initial section of the Yampire Gorge Road. It is noted that the central section of Yampire Gorge Road was closed for 18 months in June 2007. In order to ensure that there is some consistency between the earlier closure and the current proposals, it is suggested that the subject closures be for twelve months. Closure of the road for 12 months along with appropriate signage, will satisfy Council's duty of care requirements in the short term and provide time to assess the report “Management of Asbestos Contamination in Wittenoom", commissioned by the State Government, Wittenoom Steering Committee and prepared by, environmental consultants GHD. At that time Council will have a basis for a meaningful review of its ‘Wittenoom’ policies, in general, and the future of Yampire Gorge Road, in particular. Statutory Environment Sections 3.50, 3.50A and 3.51 of the Local Government Act 1995 Policy Implications Council Policy EMP02 – Wittenoom is relative to this issue Financial Implications There are minor financial implications relative to this issue. These are limited to the cost of erecting barriers and signage.


Strategic Implications Yampire Gorge Road is identified as a strategic road in the Roads 2020 Regional Road Development Strategy. Therefore the potential for future construction must be retained in the long term Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Dias That Council

1. Approves the temporary closure of Yampire Gorge Road (all sections) for a period of twelve months, in accordance with Section 3.50 of the Local Government Act 1995.

2. Directs the Executive Manager Engineering Services to implement signage and

barrier work to prevent traffic traversing the road.

CARRIED 7/0


10.12.30 TENDER FOR THE 3 YEAR CONTRACT FOR SUPPLY AND SPRAYING OF BITUMINOUS SEAL RFT 14/07

FILE REFERENCE: AS.TE 14/07 AUTHOR’S NAME AND POSITION:

Jeffrey Breen Executive Manager Engineering Services


Not Applicable




Not Applicable

Summary Tenders were called on the 3rd November for RFT 14/07 3 year contract for the Supply and Spraying of Bituminous Seal. The tender closing date was the 19th November 2007. Four Tenders were received conforming to the contract requirements specified in the tender document. Tenders were assessed according to tender requirements and best value principles.

Background Tenders were called for the sealing of various roads within the Shire. The tender period is for three years with a rise and fall clause consistent with the recommendations of the Institute of Public Works Engineers of Australia (IPEWA). The assessment of Tenders was carried out in accordance with Section 1.4 of the Tender document;

“1.4 Selection Criteria The Principal has adopted a best value for money approach to this Tender. The Contract will be awarded to the Tenderer who best demonstrates the ability to provide quality products at a competitive price. The tendered prices will be assessed with the price, qualitative and compliance criteria as set out in Section 3.3 to determine the most advantageous outcome to the Principal.


This means that, although price is considered, the Tender containing the lowest price will not necessarily be accepted, nor will the Tender ranked the highest on the qualitative criteria.

The compliance criteria in Section 3.3.1 will not be point scored. Each Tender will be assessed on a Yes/No basis as to whether the criterion is satisfactorily met. An assessment of “No” against any criterion may eliminate the Tender from consideration. Qualitative criteria will be assessed on basis of qualitative criteria as indicated in Section 3.3.2. The tendered price will be considered along with related factors affecting the total cost to the Principal. eg the lifetime operating costs of goods or the Principal’s contract management costs may also be considered in assessing the best value for money outcome.”

Comment Tenders were assessed on Price (60%) and Non Price attributes (40%) as outlined in the following table. Tendered rates were received for seven different categories of area (less than 1000m2 to over 30,000m2) for 10 different seal types in four different regions (Tom Price, Paraburdoo, Onslow and Python Pool). The price component was assessed on the most likely works to be done over the next 12 months as follows; Tom Price – Reseals 20,000 to 30,000m2 and Two Coat Seal, 14/10mm aggregate over 30,000m2 (Nameless Valley Road) Paraburdoo– Reseals 20,000 to 30,000m2 Onslow – Reseals 20,000 to 30,000m2 Python Pool – Two Coat Seal 30,000m2 Calculation details are in the tabled attachment ATTACHMENT 10.12.30 TENDER ASSESSMENT TABLES 1. Price Attributes

Tenderer

Tenderer $ (in ascending order) Normalised Price

1. Boral $1,712,126.00 10

2. RNR $2,138,250.00 8

3. Pioneer $2,173,200.00 7.9

4. Works Infrastructure

$2,842,500.00 6


2. Non Price Attributes

The Tenderer offering the best value outcome for Council based on the tender assessment is Boral Asphalt. Statutory Environment Section 3.57, Local Government Act 1995 and Part 4, Local Government Act (Functions and General) Regulations 1996. Policy Implications There are no policy implications relative to this issue. Financial Implications The proposed works for the current financial year are accounted for by individual components of the Shire’s Budget. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement Simple majority required

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Rumble That Council accepts the Tender of Boral Asphalt for the 3 Year Contract for the Supply and Spraying of Bituminous Seals RFT 14/07.

CARRIED 7/0

ATTRIBUTE WEIGHT TENDERER 1 2 3 4 Track record 40% 3.6 2.8 2.8 3.2 Methodology 30% 2.4 2.4 2.4 2.4 Team 30% 2.4 2.1 2.1 2.4 Non-Price Attributes 8.4 7.3 7.3 8.0 NORMALISED NON PRICE 10 8.7 8.7 9.5 WEIGHTED NON PRICE(40%) 4 3.5 3.5 3.8 NORMALISED PRICE 10 8 7.9 6 WEIGHTED PRICE(60%) 6 4.8 4.7 3.6 TOTALS 10 8.3 8.2 7.4


10.12.31 ROEBOURNE – WITTENOOM ROAD

FILE REFERENCE: RO.ROWI AUTHOR’S NAME AND POSITION:



Not applicable

DATE REPORT WRITTEN: 5th December 2007 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter


Not Applicable

Summary Works have progressed significantly on Roebourne-Wittenoom Road (Python Pool section). The road has been widened and is ready for bituminous sealing. It is considered that a two-coat seal would be preferable to the single-coat seal originally budgeted on the basis of improved safety, lower whole of life costs and reduced maintenance. It is proposed that the budgeted funds or $197,853 for Nameless Valley Road be transferred to Roebourne Wittenoom Road to cover the extra cost of a two coat seal.

Background Work commenced in 2006/7 on the widening of a 10km section of the Roebourne Wittenoom Road in 2006/7 from SLK 9.7 to 10.7, finishing near Python Pool. This work will be completed this year. There has been an increase in traffic along this 10km section of Roebourne-Wittenoom Road. This is due to increased tourism and elevated levels of traffic diverted from the Pilbara Iron Access Road during the construction of the Millstream Link road. The original proposal was to retain the existing 3 metre seal and widen it to 6 metres. A single coat seal would allow the works to be completed on budget. Comment The work location is relatively isolated and it is expensive to mobilise equipment and contractors to carry out works. The existing seal deteriorated rapidly under the increased public and construction traffic to a point where it was decided to rip, reshape and incorporate the existing


seal into the new pavement. The result is a much improved pavement cross section but with an increased cost of sealing. For these reasons it is preferable to apply a 2 coat seal instead of the single coat seal currently budgeted. The two-coat seal will perform better under current traffic conditions and last longer circumventing greater expense and remobilisation of staff and equipment in the short term (the primer seal currently budgeted would need resealing in 3 years). It has also been noted on other works that this environment is not well suited to single coat seals. Many roads (eg Dales Gorge Rd, Four Mile Creek Rd, Onslow Airport Rd, etc) have exhibited blistering and fluffing of the seal particularly where traffic numbers are low. This results in holes developing in the seal which require increased maintenance. The extra cost of a two coat seal will be approximately $200,000. The exact amount will be dependent on application rates at the time the sealing is carried out. There is currently $652,077 budgeted for the Python Pool works. There is $197,853 in the 2007-08 Budget for the resheet and floodway upgrade of Nameless Valley Road. Rio Tinto intends to use Nameless Valley Road to access the Brockman 4 development and has agreed to pay for all costs related to the reconstruction and sealing of that road. As the budgeted funds for Nameless Valley Road will no longer be required it is proposed that all budgeted Nameless Valley road funds be diverted to the Roebourne-Wittenoom Road project. The end result will be better rideability and safety for traffic and reduced maintenance on this section of the Roebourne-Wittenoom Road. Consultation Project Manager Works Supervisor

Statutory Environment There are no known statutory implications relative to this issue. Policy Implications There are no policy implications relative to this issue.

Financial Implications Transfer of $197,853 in funds from Nameless Valley Road to Roebourne-Wittenoom Road. Strategic Implications Roebourne-Wittenoom Road is identified as a strategic road in the Roads 2020 Regional Road Development Strategy. Voting Requirement Absolute Majority Required


Council Decision / Officers Recommendation

MOVED : Cr Bloem SECONDED : Cr Rumble

That Council approves the transfer of capital expenditure funds for Nameless Valley Road ($197,853) to Roebourne-Wittenoom Road for the purpose of applying a two coat seal to the Python Pool section.

CARRIED by Absolute Majority 7/0


10.12.32 SUPPLY OF ONE (1) SELF-PROPELLED VIBRATING SMOOTH DRUM ROLLER REQUEST FOR TENDER 13/17

FILE REFERENCE: AS.TE 13/07 AUTHOR’S NAME AND POSITION:



Not applicable




Not Applicable

Summary Tenders for the Supply of (1) One Self-Propelled Smooth Drum Roller (RFT13/07) closed on Monday 19th November 2007 at 4pm. At the time of the tender closing six tenders were received. These tenders conformed to the requirements of the tender documentation.

Background Tenders were advertised in November for the supply of (1) one self propelled vibrating roller as provided for in the 2007-08 Budget. Comment At the time of the Tender closing six Tenders were received. In four cases tenderers submitted more than one proposal and therefore there was a total of eleven items of plant to be considered.

Accessories Price ex GST

Tenderer Price ex GST

Padfoot Shells

Compaction Meter

Net Price Ex GST

Clark Equipment

Ingersoll Rand 12 tonne

$149850 $11730 $7850 $169430

Westrac

CaterpillarCS-533E (11tonne)

$152860 $17907 Inclusive $170767


Westrac

CaterpillarCS-563E (11.5tonne)

$178326 $18931 Inclusive $197257

Construction Equipment Australia

JCB Vibromax (11.3 tonne)

$151900 $17850 $5100 $174850


JCB Vibromax VM146 (14.5 tonne)

$178250 $17850 $5100 $201200

BT Equipment

Bomag BW211D -4 (12.5 tonne)

$138000 $12500 $9980 $160480

Wirtgen Australia

HAMM 3411 (11.5 tonne)

$122000 $12000 $7000 $143000

Wirtgen Australia


$130000 $12000 $7000 $151000

Wirtgen Australia


$136000 $12000 $7000 $157000

Conplant Ammann ASC 110D (12.8 tonne)

$142200 $8250 $7513 $157963


$147250 $8250 $7513 $163013

Tenders were assessed by Executive Manager Engineering Services and Supervisor Plant Maintenance as per the enclosed attachment indicating the assessment calculations.

ATTACHMENT 10.12.32 The basis for assessment was; Net Price 50% weighting Non Price Items 50% Weighting Service 40% Mechanicals (motor, transmission, operating weight, etc) 30% Warranty 15% Delivery time 15%


PRICE ATTRIBUTES

Tenderer Model Ranking

Tenderer $ (in ascending order)

Normalised Price

Wirtgen Australia HAMM 3411 (11.5 tonne) 1 $143000 10

Wirtgen Australia HAMM 3412 (12.2 tonne) 2 $151000 9.47

Wirtgen Australia HAMM 3411 (14.2 tonne) 3 $157000 9.1


4 $157963 9.05

BT Equipment Bomag BW211D -4 (12.5 tonne)

5 $160480 8.91


6 $163013 8.77

Clark Equipment

Ingersoll Rand SD-122DX (12.4 tonne)

7 $169430 8.44

Westrac

CaterpillarCS-533E (11tonne)

8 $170767 8.37


JCB Vibromax (11.3 tonne)

9 $174850 8.18

Westrac

CaterpillarCS-563E (11.5tonne)

10 $197257 7.25


JCB Vibromax VM146 (14.5 tonne)

11 $201200 7.1


NON PRICE ATTRIBUTES

WEIGHT

Tender

1 Tender

2 Tender

3 Tender

4 Tender

5 Tender

6 Tender

7 Tender

8 Tender

9 Tender 10

Tender 11

Service 40% 1.6 1.6 1.6 1.6 2.8 1.6 2.8 3.2 2.4 3.2 2.4

Mechanicals 30% 1.8 2.1 1.8 1.8 2.4 1.5 2.1 2.1 1.8 2.4 1.5

Warranty 15% 0.9 0.9 0.9 1.0 0.9 1.0 0.97 1.2 0.9 1.2 0.9

Delivery 15% 1.0 1.0 1.0 0.9 1.0 0.9 0.75 0.9 0.9 0.9 0.9

Non-Price Attributes 5.3 5.6 5.3 5.3 7.1 5.0 6.62 7.4 6.0 7.7 5.7 NORMALISED NON PRICE 6.9 7.3 6.9 6.9

9.2 6.5 8.6 9.6 7.8 10 7.4

WEIGHTED NON PRICE 50% 3.45 3.65 3.45 3.45

4.6 3.25 4.3 4.8 3.9 5 3.7

NORMALISED PRICE 10 9.47 9.1 9.05 8.91 8.77 8.44 8.37 8.18 7.25 7.1

WEIGHTED PRICE 50% 5 4.74 4.55 4.53 4.46 4.39 4.22 4.19 4.09 3.63 3.55

TOTALS 8.45 8.39 8.0 7.98 9.06 7.64 8.51 8.99 7.99 8.63 8.25


Based on the assessment the Bomag BW211D-4 represents the best value for money marginally ahead of the CaterpillarCS-533E. The Bomag is a heavier machine than the Caterpillar and a local contract with a similar Bomag roller reports that no problems have been experienced with it. Consultation Chief Executive Officer Supervisor Plant Maintenance Statutory Environment Section 3.57, Local Government Act 1995 and Part 4, Local Government Act (Functions and General) Regulations 1996. Policy Implications There are no known policy implications relative to this issue. Financial Implications The price falls with in the budgeted amount of $175,000 Strategic Implications There are no known strategic implications relative to this issue. Voting Requirement Simple Majority Required


MOVED : Cr Rumble SECONDED : Cr Fernandez

That Council accepts the tender from BT Equipment of $160480 plus GST for a Bomag BW211D -4 Self Propelled Smooth Drum Roller with pad foot shells and compaction meter.

CARRIED 7/0


10.12.33 ENGINEERING SERVICES DECISION STATUS REPORT

#

Council Meeting

(mm/yy)

Agenda Ref.

Report Title Council Decision Current Status

1. 09/07 10.09.22 Paraburdoo Refuse Disposal Operational Changes

That Council approve the staffing of the Paraburdoo Tip and restricting the opening times to

the following • 7:30am – 3:30pm Tuesday to Saturday • 7:30am – 12:30pm Sunday • Closed Monday and Public Holidays

for a trial period of up to three months.

Ongoing, yet to be implemented, intend to start early Februaury

2. 07/07 10.07.19 Residential Land Development – Tom Price

That Council approves the staged development and sale of residential land in Tom Price as generally outlined in the report, subject to the costing of the project being incorporated into the Shire’s budget for the 2007/08 financial year.

Ongoing Met with DPI and surveyors. Awaiting information fro PI re service extensions.

3. 06/07 10.06.15 Memorandum of Understanding – National Park Roads

That Council;

1. Approves the Memorandum of Understanding between the Shire of Ashburton and Department of Environment and Conservation for the continued development of 'project based' activities that conserve biodiversity, facilitate access, enhance visitor services and provide infrastructure development and maintenance within the Millstream Chichester National Park. Approves the Memorandum of Understanding between the Shire of Ashburton and Department of Environment and Conservation for the continued development of 'project based' activities that conserve biodiversity, facilitate access, enhance visitor services and provide infrastructure development and maintenance within the Karijini National Park.

Ongoing Approved at June 07 Council meeting. Awaiting formal sign off.

4. 06/07 10.06.16 Yampire Gorge Road – Temporary Road Closure

That Council 1. After considering the submissions received, proceed

with the closure of vehicle traffic to part of Yampire Gorge Road defined as being three (3) kilometers north of the Banjima Drive intersection and extending to ten

Ongoing Initial closure process complete. Signage ordered.


#

Council Meeting

(mm/yy)

Agenda Ref.


(10) kilometers south of the Nanutarra Munjina Road in accordance with Section 3.50 of the Local Government Act 1995, for a period of eighteen (18) months.

2. That Council instructs EMES to place signage to this effect, with advice from Main Roads Pilbara Region.

3. That EMES notify DEC Local emergency authorities, and LGIS as to the continued closure of the road.

4. Commence the process for closing the two remaining sections for a period to coincide with the current 18 months.

Remaining sections closure in progress Report on December 07 agenda.

5. 05/07 10.05.12 Millstream Link Road Construction – Consequences for SOA

That Council; 1. Directs the CEO to lobby appropriate State and Federal

Members of Parliament requesting that the Shire of Ashburton be favourably considered for the allocation of additional roads funding amounting to $3.4 million in the 07/08 and 08/09 financial years to allow the upgrade of the referenced roads and thereby ensure the minimisation of risk to the travelling public without undue financial burden (or possible litigation) being placed on the Shire and its ratepayers.

2. Directs the CEO to make relevant media releases

regarding this issue.

Ongoing. Radio interview given Press release prepared Letter highlighting funding issues forwarded to relevant State Ministers and politicians. Details of issues faced by SOA presented to Warlu Way Working Group.

6. 05/07 10.05.13 Proposed Sale of Land – Lot 308 Boonderoo Road, Tom Price

That Council; 1. Directs the EMES to carry out a preliminary subdivision

design for the vacant Lot 308 Boonderoo Rd land owned by the Shire.

2. Directs the EMES to seek a valuation of the proposed

subdivision and prepare a detailed cost estimate for all works including survey, design and construction.

Subject to financial viability, directs the CEO to call tenders for the subject land subject to the proviso that subdivision of the land, availability of title and provision of services be completed within 6 months of the sale, and the tender be on the basis that there is no requirement to accept any tender

Ongoing Preliminary Design work being undertaken Met with DPI and surveyors. Meeting held with PI re Boonderoo Rd. PI agree in principle, details of timing, construction and cost sharing to be negotiated. Awaiting advice from RTIO regarding provision of utilities.


#

Council Meeting

(mm/yy)

Agenda Ref.


7. 04/07 10.04.07 Relocation of Onslow Landfill

1. That the new Onslow Landfill Site be located adjacent to Onslow Road, 17km from Onslow as identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled ‘Onslow Landfill Options’ subject to environmental approvals being forthcoming.

2. That following relevant approvals being obtained for Site 3, the site be used as the new Onslow Landfill Site. Further, a transfer station be established on the existing landfill site in Eagle Nest Rd following closure and rehabilitation of that site. 3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design.

Ongoing Met with DPI re land tenure, Heritage survey to be conducted in October. Site visit with consultants SKM carried out in September and site identified. Heritage and flora surveys complete, no issues raised.

8. 12/06 10.12.26 Closure of Dedicated Road No. 1009 – Red Hill to Mt Stuart

That Council (a) Agreed the closure of the Road No.1009 – Red Hill to Mt

Stuart Road (b) Directs the EMES to advertise the proposed closure in

accordance with the Land Administration Act 1997, Section 58, and report back to Council.

Ongoing Process completed. Responses sent to DPI. Awaiting final confirmation before proceeding with signage and closure measures. Awaiting DPI finalisation.

9. 07/05 10.07.757 Closure of dedicated road no. 1718 – Hamersley Station to Rocklea Station

That Council in accordance with Section 58 of the Land Administration Act 1997, request the Minister for Lands to close the section of road reserve No. 1718 as described in the Government Gazette dated 18 December 1903, west of the Tom Price-Paraburdoo Road.

Ongoing Process completed. Responses sent to DPI. Awaiting final confirmation before proceeding with signage and closure measures. Awaiting DPI finalisation.

10. 12/03 10.12.711 Proposed Road Closure Yarraloola – Millstream Road MI.MESJ MDS

The Council advise Robe River Mining Company Pty Ltd that it supports, ‘In Principle’ the closure of Yarraloola – Millstream Road, in accordance with the attached plan (Appendix 10.12.711), subject to the following matters being met to the satisfaction of the Council. Robe River Mining Company Pty Ltd being responsible for all costs associated with obtaining necessary approvals and undertaking the necessary works at each end of the closure. These costs are to include any reinstatement work, as well as

Ongoing Meeting held with Rio Tinto to restart process. Company to finalise community consultation. Company has agreed to make $80,000 contribution to associated


#

Council Meeting

(mm/yy)

Agenda Ref.


advisory signage, deemed necessary, or desirable, by Council. Further discussions taking place between Robe River Mining Company Pty Ltd, the Shire and other relevant parties, in order to establish the most appropriate location of the western closure, having regard to interests of the Pannawonica and Indigenous communities. Robe River agreeing to make a contribution towards the maintenance or improvement of the newly aligned Pannawonica – Millstream Road.

roadworks. Invoice has been sent to Rio Tinto.

04/03 10.04.686 Maroonah Road South – Road Reservation Closure

That Council advise the Department of Land Administration that Ministerial approval is sought for the permanent closure of the disused Maroonah South Road Reserve.

Ongoing Proposed closure was advertised 11/1/03; no submissions received. Awaiting confirmation from DPI re: road status See below

11. 12/02 10.12.266 Maroonah Road Dedicated Alignment MES

Approves the use of road trains along Towera Road, and Maroonah Road to access Dodsley Pty Ltd mine site; subject to the mining company being responsible for the ongoing maintenance of the road during the period of operation. Advertises the proposed closure of the disused gazetted road number 8475 south east of Maroonah Station; and Seeks the Ministers approval for the dedication of the new road alignment around Maroonah Station and south east to the Dodsley Pty Ltd mine site.

Ongoing Dodsley Pty Ltd contributed $22,000 in 2002 to road realignment around Station. Money has been budgeted to be returned in 2007-08 as works are not necessary. Dodsley Pty Ltd Principal has been contacted. Station owner/lessee to be contacted to confirm.


Council Decision MOVED : Cr Bloem SECONDED :Cr Martin That Council note the contents of this report.

CARRIED 7/0

11.12.0 COMMUNITY SERVICES REPORTS

11.12.15 COMMUNITY SERVICES DECISION STATUS REPORT

#

Council Meeting

(mm/yy)

Agenda

Ref. Report Title Council Decision Current Status

1 08/07 11.08.09 Expressions of interest reserve 39204 Tom Price

That Council a) Invite expressions of interest from persons or

community groups interested in entering into a License Agreement to occupy Reserve 39204

b) That any proponent be required to seek necessary approvals and site clearance as part of their expressions of interest.

Ongoing.Awaiting comment from DPI in regards to Management of Reserve and restrictions.

2 03/07 11.03.03 Tom Price Aquatic Centre Feasibility Study

That Council appoint Jill Powell & Associates to undertake a Needs Assessment and Feasibility Study for the Tom Price Aquatic Centre subject to confirmation from the Department of Sport and Recreation.

Ongoing Funding applications prepared for PDC and PAAC. Ongoing dialogue with Rio Tinto

3 12/05 11.12.364 Sports Pavilion Tom Price – Expression To Lease

That Council invites Expressions of Interest from Community and Sporting Clubs interested in entering into a License Agreement to occupy the Tom Price Sports Pavilion situated on Reserve 42659.

Ongoing Panthers Football Club has submitted proposal to EMCES, in discussions with club representatives.

4 12/05 11.12.368 Tom Price Entry Statement That Council grant approval to the Tom Price Tourism Committee for the establishment of a Tom Price Entry Statement on Mine Road Tom Price, and wishes to consider further options for the Entry Statement as these may relate to location and the nature of the structure.

Ongoing Responsibility for progressing matter was taken over by committee of Tom Price Business Association. TPBA is awaiting designs from Sculptor.

5 12/05 11.12.369 Tom Price Area W Civic Centre

That Council: 1. Include $40,000 for consideration in the 2006/07 draft budget for repairs to the Area W Civic Centre subject to successful grant funding being obtained by the

Ongoing A full study and business plan is being prepared by the Activity Group and they have


#

Council Meeting

(mm/yy)

Agenda


Children’s Activity Centre Group. 2. Include $5,000 in the 2006/07 draft budget for consideration as a donation towards operational costs by the Children’s Activity Centre Group provided they undertake cleaning of the toilets when utilized by netball and basketball. 3. Meet the cost of water at the Area W Civic Centre and include this clause in the draft licence agreement.

been advised that $40,000 has been included by Council in the 2007/08 budget and that a 10 year licence would be proposed. Business Plan has not yet been provided. Matter being pursued by EMCES

Council Decision MOVED : Cr Bloem SECONDED : Cr Rumble That Council note the contents of this report.

CARRIED 7/0


12.12.0 CORPORATE SERVICES REPORTS

12.12.76 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY

FILE REFERENCE: AS.AS AUTHOR’S NAME AND POSITION:

Brooke Shields Executive Assistant to Chief Executive Officer


Not Applicable




Not Applicable

Summary This report details the use of the Common Seal of the Shire of Ashburton under Delegated Authority.

Background At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council of details relating to the use of the Common Seal. Comment The Common Seal has been affixed to the following since 26 October 2007. Seal 247 Agreement between SOA & Minister for Education – North Tom Price Primary School x2

Seal 248 Funding Agreement between Keep Australia Beautiful WA – State Government and SOA x2

Seal 249 Financial Agreement between PDC & SOA – Onslow Multi-Purpose Complex x2

Seal 250 Financial Agreement between PDC & SOA – Stage 2 Onslow Community Garden Project x2

Seal 251 Financial Agreement between PDC & SOA – Shade over Playground Equipment Onslow x2

Consultation


Chief Executive Officer Statutory Environment Section 9.49 of the Local Government Act 1995. Policy Implications There are no specific policy implications related to this issue. Financial Implications There are no specific financial implications related to this issue. Strategic Implications Strategic Plan 2004-2009, Result Area Best Practice Local Government, “Develop sound financial management and reporting systems”. Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Rumble SECONDED : Cr Dias That Council note the contents of this report.

CARRIED 7/0


12.12.77 REVIEW COUNCIL POLICY EMP19 STAFF HOUSING

FILE REFERENCE: PE.RM.1 AUTHOR’S NAME AND POSITION:



Not Applicable

DATE REPORT WRITTEN: 5th December 2007 DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 12.12.1186 Ordinary Meeting of Council 10 December 2004 Agenda Item 12.03.1203 Ordinary Meeting of Council 1 March 2005

Summary The staff housing policy has been reviewed by the Executive Management Team. The review has resulted in the clarification of subsidies and eligibility for housing. The provision of housing or housing subsidies is a relatively low cost and tax efficient method of providing employees with a significant benefit.

Background There are significant shortcomings in the current housing policy. It has been reviewed by the Executive Management Team in order to ascertain how better to structure employee housing as well as associated tenant conditions and responsibilities. Eligibility criteria and alternative housing options have also been reviewed. Comment The review has identified inconsistencies in the policy and also in its application. For example, a gas subsidy is not specifically referred to in the existing policy, whereas electricity and water subsidies are. Further a rental subsidy for “own accommodation” is inconsistently applied with some employees enjoying a benefit and others not. A draft of the reviewed document is attached. The main changes are highlighted.

• Employees not entitled to housing as a result of their position may become eligible after 2 years continuous employment

• Prior approval is required for Third parties co-occupying a premises • The conditions relating to rental subsidies for staff who provide their own home has been

clarified


• A gas subsidy has been included within the “utility subsidy” section of the policy. ATTACHMENT 12.12.77

Consultation Chief Executive Officer Executive Management Team Human Resources Manager

Statutory Environment There are no known statutory implications relative to this issue. Policy Implications Council Policy EMP 19 Housing Policy – reviewed

Financial Implications The proposed modifications to the Staff Housing Policy will not have any significant cost beyond those incurred as a result of the existing policy, which are accounted for within the existing 2007/2008 Budget. Strategic Implications Strategic Plan 2004-2009 Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Rumble SECONDED : Cr Bloem That Council adopts a reviewed policy on Staff Housing (Policy EMP19) as per the attachment 12.12.77.

CARRIED 7/0


12.12.78 AUTHORISED OFFICERS – DOG ACT 1976

FILE REFERENCE: LE.AC.3 AUTHOR’S NAME AND POSITION:

Michelle Fitzpatrick Administration Manager


Not Applicable

DATE REPORT WRITTEN: 23 November 2007 DISCLOSURE OF FINANCIAL INTEREST:

The Author has no financial interest in this matter.


Not Applicable

Summary This report is to authorise Debra Chapman and Sheryl-Lee Cleary as Dog Registration Officers and to revoke previous appointments of staff who are no longer employed with the Shire.

Background This report is to ensure that all staff dealing with dog registrations or other related dog matters are correctly authorised as Dog Registration Officers. This is a regular requirement due to staff changes. Comments Authorisations are required to enable Debra Chapman and Sheryl-Lee Cleary to act as Dog Registration Officers under the provisions of the Dog Act 1976. It is also appropriate that Council revoke previous appointments of Shona Strong, Amy Jackson, Racquel Langoulant, Jenny Eyre, Georgie Kraus, Ian Chance as they are no longer employed by the Shire of Ashburton. Policy Implications This is required to maintain agreed levels of services and service delivery. Council Policy REC04, “Dog Exercise Areas” is relative to this issue. Financial Implications There are no financial implications relative to this issue. Statutory Environment Acts of Parliament: Dog Act 1976 and associated regulations.


Shire of Ashburton Local Laws: Local Law relating to Dogs 1998 Local Law relating to the Control of Cats 1998 Strategic Implications There are no strategic implications relative to this issue. Voting Requirement Simple Majority Vote.

Council Decision / Officers Recommendation MOVED : Cr Fernandez SECONDED : Cr Martin That Council

1. Authorise Debra Chapman, Sheryl-Lee Cleary as Dog Registration Officers under the Dog Act 1976.

2. Revoke previous appointments of Amy Jackson, Racquel Langoulant, Jenny

Eyre, Shona Strong, Georgie Kraus and Ian Chance as Dog Registration Officers.

3. Revoke previous appointment of Ian Chance as a Dog Control Officer.

CARRIED 7/0


12.12.79 CONSIDERATION OF THE STRATEGIC PLAN 2007-2011 (INCORPORATING THE SHIRE PLAN FOR THE FUTURE)

FILE REFERENCE: OR.CM.8 AUTHOR’S NAME AND POSITION:

Brooke Shields Executive Assistant CEO


Not Applicable




Not Applicable

Summary Council has been working towards the development of a new Strategic Plan which will provide the corner stone for the future development of the Shire. The document also addresses the Shire’s statutory requirement to prepare a Plan for the Future. The draft Shire of Ashburton Strategic Plan 2007-2011 is now presented to Council for consideration and if considered appropriate submission for public comment.

Background The Council is in the process of developing a new Strategic Plan for the period 2007-2011.

ATTACHMENT 12.12.79 This plan will provide a strategic direction for Council activities for the next four years, as well as prove to be an important community document detailing Shire activities for the ensuing years. The document will also address the need for the Shire to prepare a Plan for the Future in accordance with the requirements of Section 5.56 of the Local Government Act. The plan preparation has involved extensive community consultation. An external consultant, Jenny Thomas, was engaged to facilitate the planning process and community consultation with the four towns. This took place in May/June 2007. Those who participated in the consultation process were local businesses, residents, ratepayers and students.


Councillor and staff input has been sought throughout the development of the plan. This has included a joint Councillor / staff workshop in May 2007 and a Councillor workshop in November 2007. Comment The Strategic Plan will facilitate the following :

1) Economic Growth and Diversity 2) Quality Lifestyle and Social Well Being 3) Ecological Sustainability and Best Practice Environmental Management 4) Improved Services and Infrastructure 5) Best Practice Local Government.

The Council’s focus is to strengthen and diversify opportunities and experiences for people living, visiting, working and learning in the Shire. The Plan identifies seven (7) strategic objectives

• Diversify and Strengthen the Economy • Inclusive and Engaging Communities • A Connected and Accessible Region • Conserve and Enhance the Environment and Cultural Heritage • Community Safety and Security • A Well Managed and Contemporary Corporation • A Financially Responsible Corporation

The Strategic Plan is considered to be a working document and will be reviewed on an annual basis when an evaluation process will identify progress and budgetary needs. The draft plan has now reached the point where, subject to some background and introductory material being added, the document can be, publicly exhibited and comment sought. State legislation does not prescribe any specific advertising requirement for a Strategic Plan. Indeed the Local Government Act does not specifically require that one be prepared. The Act does, however, require the preparation and updating of a Plan for the Future, on a two yearly basis. It also required that the public be provided with an opportunity to participate in the plan’s preparation. It is proposed that public comment be called for a period commencing 20 December 2007 and ending 8 February 2008, thus allowing the plan to be resubmitted to the February 2008 Council meeting for final consideration. It is emphasized that by placing the draft document on public exhibition, Council is not bound by its contents, in their entirety. The document will remain a living document which Council will be free to modify (up until its final formal adoption).


Consultation Key Stakeholders Residents with the Shire of Ashburton Councillors CEO Executive Managers Staff

Statutory Environment Section 5.56 Local Government Act 1995 Section 19C Local Government (Administration) Regulations 1996 Policy Implications The development of a new Strategic Plan may influence the need to develop other policies and procedures.

Financial Implications The financial implications of preparing the strategic plan have, to date been limited to staff costs. Once formally adopted by Council the plan will guide major shire expenditure into the foreseeable future. Strategic Implications The Council’s Strategic Plan is the primary focus for the organisation’s activities throughout the life of the plan. Voting Requirement Simple Majority Required


MOVED : Cr Martin SECONDED : Cr Bloem

That Council 1. Adopt the draft Strategic Plan 2007-2011 as presented and appended, but

subject to descriptive amendments, and 2. Instruct the CEO to give local public notice inviting comment in relation to the

draft plan for the period from 20 December 2007 until 8 February 2008.

CARRIED 7/0


Council Decision MOVED : Cr Rumble SECONDED : Cr Martin That Council adjourn for morning tea at 10:50am

CARRIED 7/0

Cr Corker, Cr Rumble, Cr White, Cr Fernandez, Cr Bloem, Cr Martin, Cr Dias, Keith Pearson, Bernie Smith, Jeff Breen, Larry Softley and Brooke Shields left the room at 10:50am. Cr Corker, Cr Rumble, Cr White, Cr Fernandez, Cr Bloem, Cr Martin, Cr Dias, Keith Pearson, Bernie Smith, Jeff Breen, Larry Softley and Brooke Shields re-entered the room at 11:17am.

Council Decision MOVED : Cr Martin SECONDED : Cr Bloem That Council reconvene at 11:19am

CARRIED 7/0


12.12.80 CHANGE OF NAME - WITTENOOM FILE REFERENCE: AS.WI.5 AUTHOR’S NAME AND POSITION:

Keith Pearson Chief Executive Officer


Geographic Names Committee


The author notes that on 11 October 2006 he was the Shire observer at the State Government initiated Wittenoom Steering Committee meeting during which a draft copy of the report “Management of Asbestos Contamination in Wittenoom” was discussed. The author is aware of the report contents but is unable to comment on them due to an interim Ministerial embargo on the release of the report contents.


Agenda Item 12.12.087 Ordinary Meeting of Council 15 December 2006.

Summary A request has been received from the Geographic Names Committee asking that the Shire initiate action to rename the locality of Wittenoom, or absorb it into an adjoining locality. The Committee has also requested that Council consider the renaming of Roebourne – Wittenoom Road .

Background The Shire recently received correspondence from the Geographic Names Committee in relation to a proposal to rename the Locality of Wittenoom. The contents of the letter were rather confusing. It appeared, however, that the committee was requesting that the Shire initiate consultation with “Traditional Owners” to determine their attitude to a renaming of locality called Wittenoom. A copy of the correspondence is attached

ATTACHMENT 12.12.80 The Author sought clarification from the Geographic Names Committee and as a result was advised that the Committee was requesting that the Shire initiate action to rename the locality of Wittenoom, or absorb it into an adjoining locality (Karijini or Mulga Downs).


ATTACHMENT 12.12.80a The Committee also requested the Council to give consideration to the renaming of the three roads leading to Wittenoom (ie Nanutarra-Wittenoom Road, Munjina – Wittenoom Road and Roebourne – Wittenoom Road). When the Geographic Names Committee was advised that the first two named roads are not, in fact, Shire roads, the Committee limited it’s request for re-naming to Roebourne – Wittenoom Road only. Comment Section 26 of the Land Administration Act provides the Minister for Lands with the power to

”(b) define and redefine the boundaries of, name, rename and cancel the names of, and, subject to this section, abolish land districts and townsites; and

(c) name, rename and cancel the name of any topographical feature, road or reserve.”

In practice, the Geographic Names Committee exists to provide guidance and advice to the Minister when exercising those powers. One element of the naming or renaming process is to seek comment from Local Government. It is noted, however, that the opinion of the Local Government is not binding on the Minister. The Geographic Names Committee’s recent requests have arisen as a result of the State Government’s ongoing process of closing the former townsite of Wittenoom and also its associated actions, which are directed towards discouraging human activity in the vicinity of the former asbestos mines in Wittenoom. The Shire has generally supported the State Governments intention’s by applying Council Policy FIN10 “Wittenoom Townsite, Wittenoom Gorge and Yampire Gorge – Rates and Services”, which states, in part

“Objectives…. To cease the promotion of Wittenoom and Yampire Gorge…. The policy acknowledges the intention of Council is to minimize its exposure to future claims for compensation or damages.”

It is in this context that it is considered appropriate to rename both the locality and Roebourne – Wittenoom Road. It is appreciated, however that there are strong community feelings in relation to retaining the “Wittenoom” name, as in evidenced by the attached correspondence, which has been received from former residents of the area. In the circumstances it is suggested that the broader community opinion be canvassed.

ATTACHMENT 12.12.80b


Consultation Geographic Names Committee

Statutory Environment Land Administration Act 1997 Section 26 Policy Implications Council Policy FIN10 – “Wittenoom Townsite, Wittenoom Gorge and Yampire Gorge – Rates and Services” is relevant to this issue.

Financial Implications There are no financial implications relative to this issue. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement Simple Majority Required Officers Recommendation

That Council Instruct the Chief Executive Officer to publicly invite community comment in relation to the possible renaming of the Wittenoom locality by calling for written submissions in relation to the matter.

Council Decision

MOVED : Cr Bloem SECONDED : Cr Dias

That Council advise the Geographic Names Committee, it does not support the locality name change.

CARRIED 7/0

Reason for Change to Officers Recommendation Council felt strongly that the locality name should remain as Wittenoom due to its historic significance.


12.12.81 LOCAL GOVERNMENT (OFFICIAL CONDUCT) AMENDMENT ACT 2007

FILE REFERENCE: LE.AC.30 AUTHOR’S NAME AND POSITION:

Michelle Fitzpatrick Administration Manager


Not Applicable




Agenda Item 12.06.38 Ordinary Meeting of Council 19 June 2007.

Summary The Local Government (Official Conduct) Amendment Act 2007 is new legislation which will regulate local government councillor conduct. The new legislation came into effect on 21 October 2007 and applies, in addition to the Shire’s Code of Conduct.

Background Council, at its June 2007 meeting considered a report in relation to the draft Local Government (Rules of Conduct) Regulations. The report noted that comments were being sought in relation to the draft legislation which was designed to amend the Local Government Act 1995 in order to provide the disciplinary framework to deal with individual misconduct by local government council members. Up until this point in time the only avenue for action in response to inappropriate behaviour was prosecution of the individual concerned, or action against the whole Council. Council noted the June report and made no comment on the proposed legislation. Comment The draft legislation has now progressed to the point of becoming law, effective from 21 October 2007. This was achieved through the introduction of the Local Government (Official Conduct) Amendment Act 2007. The Amendment Act establishes a disciplinary framework to deal with misconduct by any local government council member.


The framework involves using a statewide standards panel to handle complaints about minor breaches of rules and empowering the State Administrative Tribunal (SAT) to review the conduct of members where the Act or regulations have been breached. Councillors found to be in minor breach of rules may face penalties ranging from public censure and a public apology through to an order to undertake training. SAT has additional powers to suspend a member for up to six months or bar a member from holding office in any local government for up to five years. The accompanying regulations prescribe uniform rules of conduct for council members in relation to

• Standards of general behaviour • Behaviour at council or committee meetings • Misuse of local government resources • Relations with local government employees • Use of information • Securing unauthorized advantages or disadvantages • Disclosing certain interests (not financial) • Restrictions on receiving, and disclosure of, certain gift

These rules are in addition, to the standards of behaviour outlined in the Shire’s own Code of Conduct. A specific provision of the new legislation in Section 120 of the Amendment Act which states, in part Section 5.120. Complaints Officer

(1) Each local government is to designate a senior employee, as defined under Section 5.37, to be its complaints officer.”

It is suggested that Council appoint the Chief Executive Officer as the Shire’s “complaints officer”. A copy of the Amendment Act, the associated regulations and a workshop handout prepared by the Department of Local Government and Regional Development are attached for Councillors information.

ATTACHMENT 12.12.81 ATTACHMENT 12.12.81a ATTACHMENT 12.12.81b

Consultation Executive Manager Community & Economic Services Chief Executive Officer Department of Local Government & Regional Development WALGA


Statutory Environment Local Government Act 1995 Local Government (Official Conduct) Amendment Act 2007 Local Government (Rules of Conduct) Regulations 2007 Policy Implications ELM 04 – Code of Conduct for Councillors and Staff

Financial Implications There are no financial implications relative to this issue. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement Simple Majority Required

Officers Recommendation / Council Decision

MOVED : Cr Rumble SECONDED : Cr Bloem

That Council

(1) Appoint the Chief Executive Officer as Complaints Officer pursuant to Section 5.120 (1) of the Local Government (Official Conduct) Amendment Act 2007, and .

(2) Note the contents of this report.

CARRIED 7/0


12.12.82 CORPORATE SERVICES STATUS REPORT

# Council Meeting

Agenda


1 10/07 12.10.66 Proposed Christmas / New Year Arrangements 2007-2008

That Council 1. Note the closure of the office’s in Tom Price, Paraburdoo,

Pannawonica and Onslow for the period Friday 21 December 2007 to 2 January 2008.

2. Note the closure of the office’s at 2pm on Friday 21 December 2007.

3. Instruct the Tom Price and Paraburdoo Pools to remain open over the Christmas period with the exception of Christmas Day.

4. Note the changes to the rubbish collection schedules as follows:

Monday 24/12/07 Domestic Run - Paraburdoo, Bellary, Wakathuni and Onslow (Onslow run is usually Tuesday) Industrial Run - Paraburdoo and Tom Price and Onslow (Onslow run is usually Tuesday) Tuesday 25/12/07 No Rubbish Collections due to Public Holiday Wednesday 26/12/07 No Rubbish Collections due to Public Holiday Thursday 27/12/07 Domestic Run - Tom Price (Tom Price is usually Wednesday) Industrial Run - Paraburdoo and Tom Price Friday 28/12/07 Domestic Run - Tom Price Area W (Tom Price Area W is usually Thursday) Industrial Run - Tom Price New Year Service Monday 31/12/07 Domestic Run - Paraburdoo, Bellary, Wakathuni and Onslow

Finalised. Staffing arrangements at pools have been put in place, in accordance with Council decision. Public notice given of proposed times of closure.


# Council Meeting

Agenda


(Onslow run is usually Tuesday) Industrial Run - Paraburdoo and Tom Price and Onslow (Onslow run is usually Tuesday) Tuesday 1/01/08 No Rubbish Collections due to Public Holiday Wednesday 2/01/08 Services return to normal The Tip will be closed on Public Holidays from 25 December to 26 December and 1 January to 2 January (inclusive).

2 10/07 12.10.69 Draft Tourism Policy – Pilbara Regional Council

That Council review and comment on the draft Regional Tourism Plan (Attachment 12.10.69) by 30

th November 2007 to the Pilbara

Regional Council.

Ongoing. EMES has attended meeting with representatives from PRC Council’s.

3 08/07 12.08.54 Local Laws That Council

1. Having considered any submissions received, approves the minor amendments to the Shire’s Cats Local Law, Dogs Local Law, Extractive Industries Local Law, Health Local Law and Parking Local Law, as set out in Attachments 12.08.54, pursuant to the provisions of Section 3.16 of the Local Government Act 1995.Instructs the CEO to research the possibility of the adoption of a Property Local Law which would encompass the following local laws – Aerodromes, Cemeteries with the possibility of Seashore Management, Caravan/Camping and Park Management, Reserve Management and Signage also being included.

Ongoing Executive meeting planned to progress possible Property Local Law.

4 07/07 12.07.45 Offer from Department of Local Government – Outstanding Rates – Wittenoom

That Council advise the Department of Local Government and Regional Development that it accepts the Department’s proposal, as set out in its advice received 20 June 2007 (Attachment 12.07.45), in return for the Shire exercising the provisions of Section 6.74 of the Local Government Act, in relation to vacant land within the former townsite of Wittenoom, where the rates outstanding are for three or more years.

Ongoing in discussions with the DLGRD Council decision being implemented. DLGRD has paid $29,000 for outstanding rates on 12 properties


# Council Meeting

Agenda


recently purchased by the State Government. Further seven properties referred to Shire Solicitors for relevant documentation to be prepared.

5 06/07 12.06.35 Annual General Meeting of Electors

That Council: 1. Receive the minutes of the Annual General Meeting of

Electors, held in Onslow on 07 June 2007 and note the contents.

2. Authorise the CEO to make a submission to the Minister for Local Government for consideration to amending the Local Government Act 1995 to allow Annual General Meetings to be held in conjunction with Ordinary Meeting of Council.

Ongoing Part 2 of Resolution to be completed.

6 12/06 12.12.088 Asset Register Review That Council instructs Chief Executive Officer to submit a draft Council policy, in relation to the management of the Shires Asset Register to the February, 2007 meeting of Council.

Ongoing

7 07/06 12.07.046 Councillor Training That Council: 1. Adopts the revised Policy ELM05 “Councillor Training”. 2. Requests that the Shire write to Pilbara local governments to

gauge interest in shared training across the region. 3. Requests that the Shire progress the option of broadcasting

training on the Westlink Satellite Network.

Finalised. “Getting Started an Introduction to Local Government” was held 05 December 2007.

8 03/06 12.02.009 Audit & Management Reports

That Council: 1. Notes the Audit and Management Reports for the period of

2004 / 2005; and 2. Direct that the CEO take action to address each of the items

raised in the Reports.

Ongoing Individual issues raised are being addressed.

9 06/05 12.06.1227 Tom Price Office relocation That a comprehensive review of the Staff Housing Plan and Tom Price office relocation be undertaken for Council’s further consideration, to incorporate recommendations for dwelling refurbishment, replacement and acquisition and appropriate funding strategies.

Ongoing Assessment of Tom Price Office for Occupational Health


# Council Meeting

Agenda


and Safety standards has been undertaken.

Council Decision MOVED : Cr Bloem SECONDED : Cr Martin That Council note the contents of this report

CARRIED 7/0


13.12.0 DEVELOPMENT SERVICES REPORTS

13.12.43 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7

FILE REFERENCE: PS.TP.7 AUTHOR’S NAME AND POSITION:

Kelly Tate Executive Assistant Development Services


Not applicable




Not applicable

Summary Council has delegated to the Executive Manager Development Services the authority to issue development approvals pursuant to the Shire’s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Executive Manager Development Services since the last Council Meeting are set out in this report.

Background Council has delegated to the Executive Manager Development Services the authority to issue development approvals, pursuant to the Shire’s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Executive Manager Development Services since the last Council Meeting are set out below. Comment One (1) approval has been issued under delegation up until the date of this report. This was for:

• Home Occupation New – Kinder Music with Maggie Maggie Meyer 1025 Gungarri Circuit, TOM PRICE

Details of the approval may be obtained from the Executive Manager Development Services.


Statutory Environment Clause 9.3 of the Shire of Ashburton Town Planning Scheme No.7. Sections 5.45, 5.46, 5.70 and 5.71 of the Local Government Act 1995. Shire Code of Conduct. Policy Implications There are no policy implications relative to this matter. Financial Implications There are no financial implications relative to this matter. Strategic Implications Values:

• Professionalism • Quality service delivery & services

Our Focus:

• Best practice local government Critical Success Factors:

• Sound management practices • Determination and implementation of the agreed levels of services and service delivery

Action Plan, Improved Services & Infrastructure:

• Review & implement managerial policies and practices Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Martin SECONDED : Cr Rumble That Council note the contents of this report.

CARRIED 7/0


13.12.44 DRAFT LOCAL PLANNING POLICY – TRANSIENT WORKFORCE ACCOMMODATION

FILE REFERENCE: PS.DV.21 AUTHOR’S NAME AND POSITION:



Not Applicable




Agenda Item 13.10.35 Ordinary Meeting of Council 16 October 2007.

Summary At its Ordinary meeting of 16 October 2007 Council adopted a draft Local Planning Policy – Transient Workforce Accommodation and resolved that it be advertised in accordance with the provisions of the Shire’s Town Planning Scheme No. 7. The advertised period has now been completed, and as a result four submissions have been received. It is recommended that Council formally adopt the policy, subject to the modifications identified.

Background At its Ordinary meeting of 16 October 2007 Council adopted a draft Local Planning Policy - “Transient Workforce Accommodation”. The draft policy was advertised in the Local Government Notices section of the Pilbara News newspaper on 21 and 28 November 2007, as is required by the Shire’s Town Planning Scheme No 7. It was also displayed on Council notice boards in Tom Price, Paraburdoo, Onslow and Pannawonica. A total of four submissions were received during the period that the draft policy was open to public comment. The submissions received were from

• Tom Price & Paraburdoo Business Association Inc • Rio Tinto Iron Ore P/L • BHP Billiton Petroleum P/L • Town Planning & Urban Design, consultants to the owners of Lot 3 Boonderoo Road, Tom

Price


Copies of each of the four submissions received are attached.

ATTACHMENT 13.12.44 ATTACHMENT 13.12.44a ATTACHMENT 13.12.44b ATTACHMENT 13.12.44c

Comment The submissions received cover a range of matters relating to the draft policy. These are discussed in more detail below. Tom Price & Paraburdoo Business Association (TPPBA) Major points of issue raised in this submission were

• Proponents of worker accommodation facilities need to justify the need for the proposed accommodation

• Criteria for establishing whether Fly in – Fly Out (FIFO) is supportable by Council, need to be more community based, rather than commercially based.

• Community consultation should occur before a camp is approved. As an initial comment it should be noted that the Draft Policy in relation to transient workforce accommodation is being prepared within the framework of the Shire’s Town Planning Scheme No 7 and therefore it is subject to the provisions of the Planning and Development Act 2005. It is in this context that it is noted that most worker accommodation facilities outside of the Shire town sites relate to resource operations which have been approved, pursuant to State Agreements, or the Mining Act. In both cases the relevant legislation exempts the proponents from the need to obtain town planning approvals. For this reason, the Shire exercises no planning power, over these major accommodation facilities. For these reasons, Council, in many cases, does not have any influence whatsoever as to whether a FIFO arrangements will be put in place. Rather, Council’s input is simply limited to answering a “request for comment” from the State Government. Having noted the above, it is agreed that it is desirable for there to be a degree of justification, where Council does have a discretion to either approve or refuse a development approval for transient workers accommodation. Finally, the suggestion that the community have the opportunity to comment on any proposal that will impact on their community, is a valid comment. This would, in fact, be best achieved by publically advertising an application received. The draft policy has been amended to incorporate the latter two comments. BHP Billiton Petroleum P/L In its submission BHP Billiton Petroleum asserts that


• There are complex, and far ranging issues, which often result in the need for a FIFO workforce rather than a residential workforce This can still, however, generate community benefits

• There is an inconsistency between the Draft Planning Policy on Transient Workforce Accommodation and the Draft Onslow Structure Plan in relation.

• The definition of Type A or Type B accommodation needs clarification • The draft policy needs to be amended to reflect the possibility that it may be appropriate

to locate an accommodation facility in an area which is zoned in a manner which suggests such a facility would be inappropriately located, but the surrounding land is undeveloped.

It is noted, in answer the BHPS’s first comment that the policy statement listed in the draft policy does, in fact, qualify the statement that the “Shire of Ashburton does not support ‘fly in fly out mining…” The company’s comments on this matter are noted. The fact remains, however, that proponents of resource developments often resort to FIFO arrangements as the basis of their operation, without first exploring the range of community costs and benefits (both financial and other). Furthermore, it is clearly the Shire’s experience that where it has been possible to establish a residentially based workforce, community benefits have been greater than with FIFO arrangements. The second point raised by the company is the issue of a perceived inconsistency between the Draft policy and the draft Onslow Structure Plan (DOSS). This comment is, in fact, premature as the DOSS document is, at this point in time, a consultant’s draft which is yet to be reviewed by the Shire Administration and Council. The need for greater clarification in relation to the definitions of Type A or Type B accommodation is valid. As a result the definitions contained in the final draft of the policy have been amended. Finally, the comments made by BHP in relation to the desirability of workers accommodation being permitted in an area where it would not otherwise be appropriate, except for the fact that there is no other development in the immediately surrounding area, is a point worthy of consideration. For example, BHP developing a substantial transient workers accommodation facility within the Onslow SIA Buffer Zone, prior to the construction of an LNG Plant in the SIA is, on the face of it, a reasonable proposition. The fact remains, however, that such a camp will have a life of five years and therefore, when its construction commences it may have a significant impact on other possible industrial development within the SIA. For example, a camp constructed three years hence, would potentially, exclude any other development in the SIA for the next eight years. The proposed policy is not legally binding in the same manner as a Local Law or the Shire’s Planning Scheme. In the circumstances, it is thought appropriate to leave the policy unchanged regarding this matter, rather than attempt to re-draft it, to take ‘hypothetical’ situations into account.


Rio Tinto Iron Ore P/L Rio Tinto Iron Ore P/L has lodged a detailed submission in relation to the draft policy. The more significant points raised by the company are

• The company’ operations are governed by the relevant States Agreement Act legislation and are therefore exempt from town planning approval processes. The company acknowledges, however that the Shire is responsible for development approvals for accommodation within the town.

• The definitions of Type A and Type B camps are too general. • The policy should not apply retrospectively to existing camps • The policy should not identify requirements that are the subject of separate legislation • The objectives and policy statement should be amended to limit the scope of the policy • The Shire should not exercise any discretion in relation to proposed location of a camp. • There should be no limitation on the size or density of any town based camp • There should be no controls in relation to the types and the variety of accommodation

available. • There should be no policy in relation to the use of second hand structures within the town

sites. • The policy should not encourage workers to utilize recreation community facilities, as well

as alcohol outlets within the community The company’s comments in relation to the precedence State Agreement legislation takes over town planning legislation are correct. This does not however, absolve the company from obtaining approvals within the towns. The matter of the definitions of Type A and Type B accommodation has been addressed under the section relating to the BHP’s submission. The comments regarding the policy’s application to existing camps is valid. In practice, however, such facilities, if they have operated in accordance with their original planning approvals, would have “existing use” rights and would not be subject to the policy. The company recommends that references to requirements which may be the subject of alternative legislation should be removed. Further, it is claimed that the regulatory requirements should apply in the event of there being an inconsistency. It should be noted that all of the matters contained in the draft policy can reasonably be considered to be planning matters. Furthermore, the requirements set out in the policy may be different to a separate, regulatory requirement. The standards set out in alternative legislation are often ‘minimum standards’ and it is not unreasonable, in certain circumstances, to require a higher level of performance, for example, through a planning policy. In the absence of any justification the company’s recommendation that the objectives and policy statement be modified to limit the scope of the policy is not supported. RTIO’s comment that the location of town based or camps will be best determined by co-operative consultation between the proponent and the shire is very valid. The fact remains,


however, that by its very nature, the planning scheme requires the Shire to exercise its discretion, when making a final determination in relation to a development application. A part of that process is the dialogue RTIO refers to. In the end, however, it is the Shire, and not the proponent, who exercises the discretion as to whether a camp is appropriately located. The company strongly objects to policy limits on the size and density of town based camps. It argues that these issues would be more appropriately addressed on a case by case basis. This ignores the fact that the primary purpose of the policy is to give guidance to a prospective developer, with respect to what the Shire considers appropriate. A 200 bed limit on the size of camp is reasonable, having regard to the fact that none of the Shire town are particularly large and there is significant potential for a large, monolithic, camp to adversely impact on the character and amenity of the surrounding area. The suggested density limitation of 100 beds per hectare is not onerous and would, in fact, be more liberal than fully satisfying the requirements of Section 6.9 of the planning scheme, which nominates the State’s Residential Planning Codes as the default standard. The company’s objection to the policy imposing a requirement that there be a variety of accommodation types is reasonable. The Shire possesses little or no knowledge on which to judge the criteria and for this reason it is a matter best left to the proponent. In contrast to the previous comment, the company’s objections to a limitation on second hand buildings being used within town sites, is not accepted It is noted that the policy does not totally ban second hand structures. It does attempt, however, to impose a requirement to ensure a reasonable level of amenity is achieved, both within and around such camps. For this reason it is recommended the policy remain unchanged with regard to the use of second hand structures. The final company objections to the policy related to the policy encouraging some level of integration into the local community by encouraging camp residents to use recreation and community facilities, as well liquor outlets within existing towns. The company argues against such a policy due to ‘a desire to minimise the potential impact on the local community from anti-social behaviour’. While this comment is accepted in relation to liquor outlets, the comment does raise serious questions as to whether transient workers accommodation facilities, are an appropriate use within an established urban area. Town Planning & Urban Design (TPG), Town Planning Consultants TPG are the planning consultants to the owners of Lot 3, Boonderoo Road, Tom Price. The company presently has a development application for a 16 person workers accommodation facility on the Boonderoo Road site, lodged with the Shire. The company raised two points of note

• The draft policy does not support Transient Workforce Accommodation in the Mixed Business Zone, however the Shire’s Planning Scheme No 7. permits such an activity (albeit where it is ‘incidental’ to main use of a site)


• There is an unsatisfied demand for Transient Workforce Accommodation within the Shire, and in Tom Price, in particular.

TPG’s comment in relation to the fact the planning scheme provides Council with the discretion to approve a transient workforce accommodation facility in the Mixed Business Zone, subject to the use being incidental to the main use, is correct. Like caretakers residences in similar locations, however, workers accommodation has the potential to lead to conflict with surrounding business and industrial activities. This occurs as a result of camp residents’ desires for a ‘residential type’ environment in the immediately surrounding area. For this reason Council’s desire to discourage the introduction of workers accommodation into the Mixed Use zone is reasonable. Finally, TPG’s argument that there is an unsatisfied demand for workers accommodation in Tom Price may be correct. It does not mean, however, that the proliferation of such accommodation is desirable. It is noted, for example, in ‘normal towns’ where conventional, residential accommodation is reasonably available, the pressures for transient workforce accommodation do not exist. Council’s priority should continue to be the expansion of the conventional housing stock within the Shire communities. As has recently become very evident, there is extremely limited, unused capacity existing infrastructure and utilities servicing the shire towns. It is essential that the limited additional capacity be directed towards the long term good of local communities. This is best achieved by providing the environment whereby conventional housing can be developed and not through the development of workers accommodation. Consultation The public consultation provisions of Town Planning Scheme No.7 have been observed. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 Planning and Development Act 2005. Mining Act State Agreement Legislation Policy Implications Draft Local Planning Policy – Transient Workforce Accommodation

Financial Implications There are no financial implications relative to this issue. Strategic Implications Strategic Plan 2004-09 Key Result Area – Best Practice Local Government Voting Requirement Simple Majority Required



MOVED : Cr Bloem SECONDED : Cr Martin

That Council

1. Adopt the draft Local Planning Policy – Transient Workforce Accommodation as amended (attachment 13.12.44d) as a Local Planning Policy under the provisions of the Town Planning Scheme No.7,

2. Give public notice of Council’s decision as is required by the Shire of Ashburton

Town Planning Scheme No. 7, and

3. Advise the author of each submission received, details of Council’s decision.

CARRIED 7/0


Declaration of Financial Interest In accordance with Section 5.60 (b) (c) of the Local Government Act Cr Martin, Cr Bloem, Cr Rumble and Cr Dias declared an indirect financial interest in Agenda Item 13.12.45, the nature of the interest being that they are employees of Rio Tinto or a subsidiary of Rio Tinto, this is the parent company of the proposed Mesa A mining project. As there would not be a quorum to vote, approval was necessary from the Minister of Local Government to allow disclosing members Cr Martin, C Bloem, Cr Dias and Cr Rumble to debate and vote on Agenda Item 13.12.45.

In accordance with authority delegated by the Minister for Local Government, the Director General of the Department of Local Government and Regional Development approved the application under Section 5.69 (3) (a) of the Local Government Act 1995 in a fax dated 17 December 2007. At this point in the meeting Councillors Martin, Bloem, Dias and Rumble were permitted to remain and Agenda Item 13.12.45 was discussed.

13.12.45 PROPOSED MESA A IRON ORE MINE – IRON ORE (ROBE RIVER) AGREEMENT ACT 1964

FILE REFERENCE: MI.MESA AUTHOR’S NAME AND POSITION:



Robe River Mining Co P/L




Not Applicable

Summary The Department of Industry and Resources (DOIR), has requested Council’s comments in relation to the proposed Mesa A Iron Ore Mine, which is to be constructed approximately 40km west of Pannawonica. The mine is to be developed by Robe River Mining Co P/L and it’s development falls within provisions of the Iron Ore (Robe River) Agreement Act 1964.


Background Correspondence has been received from DOIR requesting Council’s comments in relation to the proposed Mesa A Iron Ore mine, to be constructed by Robe River Mining Company P/L. The mine, which it is proposed to construct approximately 40 kilometres west of Pannawonica, falls within the provisions of the Iron Ore (Robe River) Agreement Act. This legislation limits Shire involvement in the mine approval process to health and building approvals only. Any other referral to the Shire is for comment and opinion only. The company has stated, in supporting correspondence

“Mining will be conducted by open pit operation using conventional equipment (e.g. shovels, trucks, dozers, graders etc). Mining will involve drill, blast, load, haul, and crushing. The project is expected to ramp up to the design production rate of 25 Mtpa by 2011 and will form replacement tonnages for the current Mesa J mining operations. Mesa J mining operations will reduce production from 32 Mtpa to 7 Mtpa by 2011. Project mining is scheduled to commence initially from Mesa A from 2009 and Warramboo from 2012. Current pit designs for the Project yield in the order of 233.9 Mt of dry (0% free moisture) ore (>_55% Fe) (see Table 1). A buffer zone with a minimum width of 50m will be retained around the perimeter of the Mesa A deposit enscarpment for environmental and heritage reasons and to maintain the structural integrity of the escarpment.”

It is proposed to accommodate a construction workforce of 800 personnel onsite. The company’s supporting documentation states

“The permanent operational workforce (mine based) is estimated to be up to 250 persons. The operational workforce will be a permanent residential workforce housed in Pannawonica with a Bus-in Bus-out (BIBO) on a daily basis to the Project and supplemented by a component of the workforce operating on a Fly-In Fly-Out (FIFO) basis. The current capacity of Pannawonica town will be unable to support the additional Project operational workforce whilst supporting the Mesa J operational workforce for the remainder of the Mesa J mine life (currently estimated at 2013). As a co-commitment to the Project, a significant town upgrade program is planned, including upgrades to the mess, service station, airstrip, town beautification and landscaping and refurbishment of existing houses. A new 200 person FIFO camp will also be constructed at the location of the existing Camp David facility situated at the edge of Pannawonica Town.”

It is anticipated that the proposed Mesa A mine will have a life until approximately 2020. The company’s formal submission to the Department of Industry and Resources will be tabled at the meeting of Council.


Comment DOIR’s request for comment concerning the Mesa A proposal was not unexpected as the Shire has been in a dialogue with Rio Tinto Ltd regarding the proposed mine and its impact on the town of Pannawonica. The company had previously advised that the existing Mesa J mine, which employs, most of the Pannawonica town workforce (either directly or indirectly), has an extremely limited life. For this reason it is only likely to support the town’s existence for approximately three more years. It is in this context that it was welcome news when the company advised that it’s permanent, operational workforce of 250 would be based in Pannawonica, and will not use a FIFO workforce based at the mine. The company also advised that it will commit to $200M in capital upgrades, within Pannawonica. The company has advised that these works will consist of

• $21.1M – refurbish mess, service station and build construction camp • $40.3M – Build permanent 200 person village • $16.7M – Upgrade Pannawonica Airstrip to accommodate BAe146 aircraft • $162.9M – Refurbish 238 houses, built 6 transit houses, upgrades to town centre

landscape, carparking areas and community and commercial buildings, primary road upgrades.

The company’s ‘upgrade’ proposals are detailed in the attached letter from the company.

ATTACHMENT 13.12.45 A review of the company’s proposals gives rise to two major concerns. These are

• information received, to date, suggests that the social fabric is potentially at risk from an excessive emphasis on FIFO workers, and

• the costs assigned to the community component of the town upgrade, appear excessive having regard to the limited scope of works proposed.

It is of note that company workforce projections for the combined Mesa J and Mesa A workforce requirements show a combined workforce of 450 in 2008, increasing to approximately 550 by 2012-13, before decreasing rapidly to about 380 between 2014 and 2020. Statements from the company regarding the extent to which single persons/working accommodation facilities will be relied upon to house these workers, have been conflicting. During verbal discussions with company representatives, the company has advised that the existing “residential single” units in the town (106 rooms) and the 83 person, Camp David will be removed and a new 200 bed workers “village” will be constructed, thus resulting in almost a “zero” change, in temporary workers accommodation. In contrast, written comments from the company, dated 4 December 2007, (see above attachment) do not identify the removal of any of the existing “residential single” accommodation nor Camp David. The correspondence does, however identify the building of a “construction


camp” in Pannawonica (life and size unspecified), in addition to the 200 person permanent village. The company has subsequently been asked to clarify these matters. It has advised

• Camp David (83 beds) will be decommissioned on or before 2010, in accordance with the planning approval condition. It will be replaced with the 200 bed facility.

• A new construction camp (verbally advised to be approximately 40 beds) will be required on the town outskirts, in order to house trades people undertaking capital works.

• A number (not defined) of the existing 106 ‘residential singles’ rooms wills be retained (the author has been left with the opinion that most will remain). Those in poor condition will be removed.

In summary, the precise form Pannawonica will take as a result of the construction of Mesa A Mine is unclear. It appears, however, there will be significantly greater emphasis on FIFO than is presently the case. For this reason it is proposed that Council advise the Minister for State Development that it supports the proposed Mesa A Iron Ore Mine, subject to the company developing a community plan for the town of Pannawonica, in consultation with the Shire. The plan would address issues such as the residential mix in the town, community infrastructure and services etc. Further, the plan would be subject to regular review. In conclusion it is noted that Mr Mike Spreadborough, in his correspondence from the company dated 4 December 2007, requested

“that formal in-principle consideration be given to the proposed 200 bed camp at Council’s December 18 meeting ahead of a formal planning application.”

Council should note that, irrespective of the merits of the proposed 200 bed facility, it is not appropriate that Council has comment on the desirability or otherwise of the proposed facility prior to it (Council) formally exercising its discretion in accordance with the provisions of the Shire’s Planning Scheme and the Planning and Development Act. This will occur when it receives a development application. Consultation Rio Tinto Ltd Department of Industry & Resources

Statutory Environment Iron Ore (Robe River) Agreement Act 1964 Policy Implications There are no policy implications relative to this issue.

Financial Implications There are no financial implications relative to this issue.


Strategic Implications The sustainability of the local community, as well as, the Shire, itself, are matters requiring consideration. Voting Requirement Simple Majority Required


MOVED : Cr Martin SECONDED : Cr Bloem

That Council advise the Minister for State Development, through the Department of Planning and Infrastructure, that Council supports the development of the proposed Mesa A Iron Ore Mine, subject to the company being required to prepare a Community Plan for the town of Pannawonica, in consultation with the Shire of Ashburton.

Further, the Community Plan should consider, but not be limited to (a) addressing the need to ensure an appropriate residential mix within the town, (b) ensuring, adequate community infrastructure and services are provided, in order

to support a Mesa A workforce, which is significantly permanently residentially based in Pannawonica.

CARRIED 7/0


13.12.46 APPOINTMENT OF BUSH FIRE CONTROL OFFICERS

FILE REFERENCE: RS.BC.1 AUTHOR’S NAME AND POSITION:

Morgwn Jones Supervisor of Emergency Services


Not Applicable




Not Applicable

Summary With the resignation of Ranger West, Mr Ian Chance, it is necessary to appoint his replacement, the new Ranger West, Mr Ian Whyborn, as Deputy Chief Bush Fire Control Officer WEST (DCBFCO West). The Bush Fire Advisory Committee (BFAC) also recommends that Mr Terry Mellor, Captain of the Tom Price Voluntary Bush Fire Brigade (VBFB), be appointed as Deputy Chief Bush Fire Control Officer East (DCBFCO East).

Background A review of all Fire Control Officers (FCO) appointments was made by Council at the Ordinary Meeting of Council on 18 September 2007. Since this time Mr. Ian Chance has resigned from his position of Ranger West with the Shire. Mr. Chance was also Deputy Chief Fire Control Officer. Mr. Ian Whyborn commenced as the new Ranger West on 10 December 2007. Amongst his duties will be responsible for the role of DCBFCO WEST. At the BFAC meeting held on 09 November 2007 it was recommended that Captain Terry Mellor be appointed as DCBFCO EAST, in order to cover for the Chief Bush Fire Control Officer (CBFCO), Supervisor of Emergency Services Mr. Morgwn Jones, in his absence. Comment Under the Bush Fires Act 1954 a Local Government may, from time to time, appoint such persons as it thinks necessary to be its Bush Fire Control Officers. With the resignation of Mr Ian Chance and the BFAC recommendation of Mr Terry Mellor, changes to the current list of Fire Control Officers are proposed. Statutory Environment Section 38 (1) of the Bush Fires Act 1954


The Shire of Ashburton shall publish all appointments in a least one (1) newspaper circulating in the district. Policy Implications Council Policy ENG08; Bush Fire Policy Financial Implications Costs are limited to the minor costs associated with publicly advertising the appointments. Strategic Implications There are no strategic implications relative to this matter Voting Requirement Simple Majority Required

Council Decision / Officers Recommendation MOVED : Cr Martin SECONDED : Cr Bloem That Council

1. Revokes the appointment of Mr. Ian Chance as DCBFCO

2. Appoints new Ranger West Mr. Ian Whyborn as DCBFCO WEST and Mr. Terry Mellor as DCBFCO EAST

3. Issue a certificate of appointment to new DCBFCO EAST and DCBFCO WEST

4. Publicize details of the revocation of Mr. Ian Chance appointment and details of

the new appointments in at least one (1) newspaper circulating within the district.

CARRIED 7/0


13.12.47 DEVELOPMENT SERVICES DECISION STATUS REPORT

#

Council Meeting

(mm/yy

Agenda


1. 10/07 13.10.34 Pilbara Regional Council – Position Statement Health Services

That Council 1. advise the Pilbara Regional Council that it

supports PRC adoption of a Position Paper in relation to Health in the Pilbara Region

2. Instructs the CEO and EMWO to prepare written comments to assist the PRC in finalising its position paper on this topic.

Ongoing. PRC has held the matter in obeyance while it has discussions with State Government through the Pilbara Industry Consultative Committee.

2. 10/07 13.10.35 Draft Planning Policy – Transient Workers Accommodation

That Council 1. Council adopt the draft Local Planning Policy – Transient Workforce

Accommodation as a Draft Local Planning Policy under the provisions of CI. 2.3 of Town Planning Scheme No. 7 and it be advertised in accordance with

Clause 2.31 of the scheme.

2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

Finalised – See Agenda Item 13.12.44, December 2007 Agenda.

3. 11/07 10/07

13.11.41 13.10.36

Land Relinquishment Tom Price – Rio Tinto

That Council That Council advise Rio Tinto Iron Ore P/L and the Minister for State Development that 1. on the basis of discussions to date, the Shire is

unable to provide a letter confirming satisfactory progress has been made by the company in the release of company controlled land, but

2. the Shire is of the opinion that a time extension until 31 December 2008 is warranted subject to the company

a. initiating and financing an independent review of existing power, water and sewer infrastructure in Tom Price. The purpose of the review being to assess the capacity and functionality of the current infrastructure

Ongoing. Notification given to DOIR & RTIO. CEO met with Minister for State Development to explain Shire position. Company has not agreed to Shire conditions for issuing a letter to the Minister.


#

Council Meeting

(mm/yy

Agenda


to; • Ensure the existing facilities are capable of serving the

infrastructure requirements of Tom Price as it is currently developed and zoned for development under the Town Planning Scheme No 7

• Ensure the infrastructure complies with current Australian Standards

• Estimate the useful remaining life of the existing infrastructure and the renewal gap cost The review will prioritise any works required and provide timelines for implementation of the recommendations. The review to be completed and accepted by the Shire of Ashburton by 30th April 2008.

b. implementing the recommendations contained in the Consultant’s report at the cost to the company.

c. funding an independent Order of Magnitude study with regard to future capacity requirements based on long term Town Planning options. The company will seek to develop the Terms of Reference for the study in conjunction with the Shire of Ashburton. The study shall enable key stakeholders to understand what the future capacity requirements may be, however there is no commitment on behalf of the company in terms of developing the future capacity.

d. agreeing to relinquish one of two Lots of residentially zoned land in Tom Price currently held under a special lease. These lots are known as:

• Lot 2B “Golf Course subdivision” and; • Lot C “Karijini Special Use Zone”

e. committing to review its potential requirement for further

residential housing development in line with Operational needs by end of 2008. The company shall advise the Shire accordingly of any requirements with a view to entering into discussions


#

Council Meeting

(mm/yy

Agenda


around potential for the company to relinquish the second lot as per above.

f. shall, in consultation with the Shire of Ashburton, establish a process to facilitate the development of land within Tom Price similar to a normal service provider.

g. participating and assisting with the development of a Structure Plan for Tom Price along with other stakeholders including Land Corp, DPI, DOIR and the Shire of Ashburton.

h. undertaking an urgent and realistic assessment of the infrastructure needs to support the development of the proposed tourist facility off Central Road. RTIO will provide the required facilities within reasonable proximity (30m max.) of the site (sewer to be at lowest point ).

i. with the Shire establishing a process to progress the normalisation of water, electricity and sewer infrastructure.

j. with the Shire establishing a Memorandum of Understanding to articulate the aspirations of both parties and to establish a framework to work cooperatively to achieve those aspirations.

4. 09/07 13.09.30 Paraburdoo Caravan Park

That Council 1. Request that Pilbara Iron P/L enter into a lease with

the Shire as lessee, Lot 1 Camp Road, Paraburdoo, on the following terms (a) The lease be for a term of 15 years, or more (b) The rental be a peppercorn rental (c) the Shire accept responsibility for outgoings (d) the Shire has the right to sublease the

property

Ongoing. Expressions of Interest documents to be finalised.


#

Council Meeting

(mm/yy

Agenda


2. Subject to (1) above being satisfied, call for tenders from interested parties, to develop and operate a short term accommodation facility on site, subject to the following conditions. • Provision shall be made for 12 caravan bays • Provision shall be made for 12 camp sites • Ablution facilities shall be provided in

accordance with the provisions of the Caravan Park and Camping Ground Act.

5. 08/07 13.08.26 Proposed

Accommodation Structures, Tom Price Tourists, Reserve 38762, Nameless Valley Road, Tom Price

That Council :

1. Agree, in its capacity as lessor of Reserve 38762, to the subject development application lodged by Kaussie Holdings P/L (Mr. A Drage), being considered by Council pursuant to the Shire of Ashburton Town Planning Scheme No. 7.

2. Approve the development application made by

Kaussie Holdings P/L (Mr. A Drage), to erect and use twenty (20) accommodation units on Reserve 38762 for the purposes of short term accommodation, in accordance with the attached plans, subject to the following conditions :

a. The development shall comply with the

Shire of Ashburton Town Planning Scheme No. 7, the Health Act, the Building Code of Australia, and the West Australian Fire Board Regulations and any other relevant Acts, Regulations and Local Laws;

b. The operator of the site shall maintain the

site in a neat and tidy condition, to the satisfaction of the Shire at all times.

3. Advise the applicant of its right of appeal,

pursuant to Part 14 of the Planning and

Ongoing Amended to lease and form of indemnity with lessees Solicitors Statement of Shire costs submitted.


#

Council Meeting

(mm/yy

Agenda


Development Act 2005. 4. In its capacity as lessor of the site, advise the

applicant that development in accordance with this development approval may not commence until the existing lease for the property has been modified to incorporate the proposed uses and layout as shown on the subject development approval. This shall include the obtaining of the Minister of Lands approval for the modified layout, if necessary.

6. 11/07

08/07 13.11.40 16.08.17

Legal Advice in Relation to Buildings and Environmental Health Regulatory Matters.

That Council give Rio Tinto Iron Ore P/L an undertaking that the Shire will not require the removal or demolition of the following facilities and structures. (a) Camp David, Pannawonica

All buildings and facilities within the 83 bed camp, until the date set out in the development approval, issued pursuant to the Shire’s Town Planning Scheme No 7, on 20 November 2007, and identified in the Section 401 notices issued pursuant to the Local Government (Miscellaneous Provisions) Act on 31 August 2007.

(b) Brockman 2, Mine Site

All buildings identified in the Section 401 Notice issued pursuant to the Local Government (Miscellaneous Provisions) Act on 30 August 2007.

subject to the company

(a) indemnifying the Shire against all possible losses and liabilities, in a form generally in accordance with the attached Deed of Indemnity (Attachment 13.11.40), and

Ongoing. Indemnities and schedule of Shire costs submitted to Rio Tinto. Awaiting return of signed documents and payment of costs prior to the issuing of Shire undertaking not to require demolition of buildings.


#

Council Meeting

(mm/yy

Agenda


(b) reimbursing the Shire for all costs incurred by it as a result of addressing the regulatory breaches identified.

2. Advise Rio Tinto that the company should not

interpret Councils decision as indicative of any future decision where structures have been constructed without relevant approvals first being obtained.

7. 11/07

08/07 13.11.39 13.08.23

Proposed 83 Person Transient workers accommodation facility, Lot Deepdale Drive, Pannawonica

That Council: 1. Approve the development application made by Robe River P/L to construct and use a new 43 person transient workers accommodation facility and use an existing 40 person transient workers accommodation facility, with ancillary structures, on Deepdale Road, Pannawonica, in accordance with the endorsed plans, subject to the following conditions: (b) The Development shall comply with the Shire of Ashburton’s Town Planning Scheme No. 7, the Health Act, the Building Code of Australia, the Western Australian Fire Board Regulations and Local Laws. (c) All storm water produced on the site shall be disposed of either in the Council’s drainage system or disposed of on the site, but in either case the means of disposal must be to the satisfaction as directed by the Council. Plans must be submitted prior to issue of a building licence showing details of the drainage layout, showing the pipes direction, invert levels, grade size and the locations of any pits. (d) Prior to the development being occupied the “owner of the land” shall enter into a signed agreement with the Shire of Ashburton, pursuant to Clause 6.9.4 of the scheme. The agreement shall require the use of the structures to cease by 24 August 2010 and the

Finalised. Development Approval issued. Applicant has returned signed agreement in accordance with Condition (d) of the approval.


#

Council Meeting

(mm/yy

Agenda


structures be removed within 28 days. (e) Vehicle parking, maneuvering and circulation areas shall be suitably constructed, drained, sealed, kerbed, maintained and marked to the specifications and satisfaction of the Shire of Ashburton. (f) Parking spaces, shall have dimensions of at least 5.5 meters by 2.5 meters with a 6 meter wide access way. (g) A landscaping plan shall be submitted and approved prior to the issue of a Building Licence or any works commencing. For the purpose of these conditions a detailed landscaping plan shall show the following: (i) Any lawns to be established; (ii) Any natural landscape areas to be retained; and (iv) Those areas to be reticulated. (h) Landscaping areas shall be installed within 13 weeks of the use commencing or occupation of the development, and shall be maintained thereafter by the owner/occupier to the satisfaction of the Manager of Development Services. (i) The design and layout of the buildings shall be consistent with the provisions of the Residential Planning Codes. 2. Advise the applicant of its right of appeal pursuant to Part 14 of the Planning and Development Act 2005.

3. Advise the applicant that the issuing of development approval for the development pursuant to Shire’s Planning Scheme does not constitute approval to use the complex unless all matters relating to Local Government (Miscellaneous Provisions) Act have


#

Council Meeting

(mm/yy

Agenda


been addressed.

8. 07/07 13.07.20 Proposed modifications to Layout – Beadon Bay Village Caravan Park, Reserve 34101, Onslow

That Council:

1. Agree, in its capacity as lessor of Reserve 34101, to the subject development application lodged by Beadon Bay Pty Ltd, being considered by Council pursuant to the Shire of Ashburton Town Planning Scheme No. 7.

2. Approve the development application made by Beadon Bay Pty Ltd, to erect and use buildings on Lot 557 (Part Reserve 34101), for the purposes of holiday accommodation (four family cabins), in accordance with the attached plans, subject to the following conditions:

a. The development shall comply with the Shire

of Ashburton Town Planning Scheme No. 7, the Health Act, the Building Code of Australia, and the West Australian Fire Board Regulations and any other relevant Acts, Regulations and Local Laws;

b. The buildings shall have a floor level of at least 4.0 meters AHD; c. The operator of the site shall maintain the site

in a neat and tidy condition, to the satisfaction of the Shire at all times.

3. Endorse the development application with the following statement: “The developer undertakes to absolve the State and the Local Government Authority from liability and hence financial relief in the event of damage caused by natural events”.

4. Advise the applicant of its right of appeal, pursuant to Part 5 of the Town Planning and Development Act.

5. In its capacity as lessor of the site advise the applicant that development in accordance with

this development approval may not commence

Ongoing. Notice of Development approval issued. Request made to Landgate Section of DPI for Minister’s approval to amend lease. DPI approval to amend lease has been received.


#

Council Meeting

(mm/yy

Agenda


until the existing lease for the property has been modified to include a Development Plan which is consistent with the proposed uses and layout as Shown on the subject development approval. This shall include the obtaining of the Minister of Lands approval for the modified layout, if necessary.

9. 04/07 13.04.13 Proposed Town Planning Scheme Amendment – Lot 300 Boonderoo Road, Tom Price

That Council: Resolves, pursuant of Section 75 of the Planning and Development Act 2005, to progress towards the amending of Shire of Ashburton Town Planning Scheme No. 7 by:

1. Rezoning a portion of Lot 300 from ‘Parks, Recreation and Drainage’ to ‘Mixed Business’ as set out in the Amendment Maps; and

2. Amending the Scheme Maps accordingly. And, that Council proceeds with the necessary advertising and submissions as required in order to amend the scheme as per the Planning and Development Act 2005.

Ongoing EADS has referred amendment to EPA. EPA has determined that there is no requirement for environmental assessment. Amendment to be advertised.

10. 04/06 13.03.015 Amendment to Health Local Law – Prescribed Refuse Collection Areas

That:- 1. Council resolved to amend the Health Local Laws by

adding the following to Schedule 15:- • Any other defined areas of the district that have

been approved and developed in accordance with the provisions of a State Agreement or an approval offered by the Shire of Ashburton under the Town Planning & Development Act 1928 (as amended).

2. The necessary statutory procedures be instigated and the matter be referred back to Council for further consideration at the appropriate time.

3. It be noted that the wording of the proposed amendment as adopted by Council under item 7.09.539, Ordinary Meeting of Council 19 September 2000, has been altered.

Ongoing Being incorporated into Local Law review process.

11. 04/06 13.03.019 Townsite Development Project – Tom Price

That Council resolve to prepare an Expression of Interest in Townsite Development Projects (for Tom Price) and the document be referred back to Council for endorsement prior to it being submitted to Landcorp for consideration.

Ongoing. Meeting with DPI Planners held early December 2007. DPI preparing a study brief.


#

Council Meeting

(mm/yy

Agenda


12. 03/06 13.02.010 Pilbara Iron Land Holdings – Possible Transfer to Council

That Council:- 1. Desists from pursuing the acquisition of the Tom

Price Mine Light Industrial Area. 2. Advise Pilbara Iron accordingly and it be requested

to provide formal notification of its commitment to offer Council an option for the next 3 years to transfer Lot 2 Stadium Road (green area) freehold to the Council.

Ongoing. To be pursued in association with 9 above.

13. 06/05 12.06.1227 Staff Housing Upgrade That a comprehensive review of the Staff Housing Plan be undertaken for Council’s further consideration, to incorporate recommendations for dwelling refurbishments, replacement and acquisition and appropriate funding strategies

Ongoing. Commenced. Some aspects of Housing Plan will be incorporated into AWA & Policy Review.

Council Decision MOVED : Cr Martin SECONDED : Cr Bloem That Council note the contents of this report

CARRIED 7/0


14.12.0 WESTERN OPERATIONS REPORTS

14.12.21 WESTERN OPERATIONS DECISION STATUS REPORT

# Council Meeting

Agenda


ENGINEERING

1.

11/07 14.11.19 Onslow Airport Runway Decommissioning Decision

That Council;

1. Agrees to the extension and reopening of Runway 12/30 as a light aircraft landing strip subject to CASA approval and;

2. Provides an allocation of $25,000 be made outside the 2007/2008 budget to extend Runway 12/30

Ongoing Works to be programmed.

2. 02/03 10.01.673 Onslow Sea Wall Ownership and Progress Report MES

Advise the contractor, WA Limestone/Roadstone JV, that the surface of the boat ramp at First Avenue, Onslow, is not acceptable due to the unevenness of the patched section and the small voids that exist in other parts of the surface; Approve the additional works associated with the Onslow sea wall project to be: (a) Ocean View Caravan Park Reserve retaining soil $20,000; (b) Seniors Units & Sun Chalet reserves area fill to level behind sea wall $35,000; (c) Beach replenishment $15,000; (d) Design disabled access $5,000; and (e) Survey and peg reserve boundaries $7,000. Have the property boundaries surveyed and marked on site before further considering formal control of the sea wall being accepted.

Ongoing MDS investigating the matter further in order to finalise ownership. (a) Complete (b) Complete (c) Complete EMES, CEO and EMWO met to discuss road forward with tasks to be allocated as appropriate. Boundaries of proposed reserve are to be identified ASAP. (Survey has been booked for completion subject to surveyors availability)

COMMUNITY


# Council Meeting

Agenda


3 11/07 14.11.17 Onslow Aged Pensioner Units

That Council: .

• Investigate future opportunities for Aged Care Housing development and the Executive Manager Western Operations to report back to Council at the February Ordinary meeting of Council.

• As the Onslow Pensioner Unit become vacant suspend further leasing until the outcome of the February Council meeting.

• Encourage Pensioner Unit Residents to relocate into the Carinya units to provide them with a safer, more comfortable environment.

Ongoing. Subject to report to be submitted to February 2008 Council meeting.

3. 11/07 14.11.16 Proposal to Operate a Gym in Onslow

That Council a) approve the proposal for Council to

operate the proposed Onslow Gym for 12 months from February 2008 – February 2009, subject to a satisfactory risk assessment first being undertaken

b) allocate $5,500 outside of the 2007/2008 budget towards the cost of operating the facility.

Ongoing To be progressed on EMWO’s return from leave.

4.

06/07

14.06.08

Onslow Community Bus

That council : 1.Endorses the provision of a community bus service for Onslow. 2. Support the allocation of up to $60,000.00 towards purchase of a new bus in the 2007/2008 budgetary process. ** Budget Process amended the allocation to a $20,000 refurbishment.

Finalised

Bus has been repaired.


# Council Meeting

Agenda


5.

06/06 14.05.010 Onslow Townscape Advisory Committee minutes

That Council progress the costing and plan review of the Beadon Point development in to assist with the making of grant applications.

Works commenced on Beadon Point upgrade. Purchase Order issued for Sunrise Monument.

6.

07/05 11.07.348 United Christian Broadcasters Australia (Ucba) Request to Install Radio Rebroadcast Equipment Lot 694 Payne Way Onslow

That subject to a favourable technical report being provided and the issue of a letter of indemnity to Council, United Christian Broadcasters Australia through their Vision Radio Network is granted permission to install radio rebroadcast equipment in Council facilities situated on Lot 694 Payne Way Onslow, with any associated costs being borne by the applicant.

Ongoing Financial assistance has been received from FESA. New tower has been sourced, hut engineering and specifications now ongoing. Working to have television services on new tower and in Hut by November prior to Cyclone risk time.

CORPORATE

7. 10/06 14.10.016 Television Services Onslow

That Council (a) Revoke its decision in relation to Agenda Item

14.09.013 (Meeting of Council 19 September 2006) whereby Council resolved:

‘That a working group of Council be formed of the following Cr L Corker, Cr A Eyre, Keith Pearson CEO, Amanda O’Halloran EMWO and Jeff Breen EMES to prepare and approve tender documents in regard to reinstatement of Onslow Television Services’ (b) Instruct the Chief Executive Officer to pursue the reinstatement of Onslow Television and radio Services in accordance with relevant administrative policies.

Ongoing New equipment is in situ. Gumala, SBS and JJJ are now broad casting. New tower has been sourced, hut engineering and specifications now ongoing. Working to have television services on new tower and in Hut by November prior to Cyclone risk time.

8. 03/05 12.03.120 Robe River Memorandum of Understanding

That Council agrees to the Memorandum of Understanding between the Shire of Ashburton and Robe River containing the following commitments: 1. The Shire of Ashburton leasing:

� The Library, Shire Office and Sentinel Chicken Coops;

� The Dog Pound; � The Caravan Park and Ablutions Block.

2. Robe River renovating the above facilities prior to the commencement of the leases.

Ongoing Grant Application submitted to DSR for funding of “Be Active” Officer.


# Council Meeting

Agenda


3. The Shire of Ashburton donating the amount of $1,000 annually to each of the Occasional Child Care Centre and Neighbourhood Centre.

4. The Shire of Ashburton committing to funding the Community Liaison Officer position for twenty (20) hours per week and to actively pursuing alternative funding sources for an additional twenty (20) hours.

5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis.

DEVELOPMENT

9. 11/07 14.11.18 Cyclone Management Plan

That Council adopt the Shire of Ashburton Cyclone Management Plan 2007/2008.

Finalised

10.

12/06 14.12.018 Residential Plan for the Shire of Ashburton – Onslow

That Council instruct CEO to prepare tender documents for the building residences at 318 Second Avenue, 360 Third Avenue, and 578 Hedditch Street.

Ongoing Lot 502 First Avenue and Lot 318 Second Avenue – Awaiting survey. on these sites has been arranged and tender documents drawn up as appropriate.

11. 06/06 14.05.006 Relocation of race course and development of multipurpose sporting facility to the Onslow Town Common (Reserve 19291)

1. Agree in principle to the relocation of the Ashburton Race Club, Onslow Golf Club, Onslow Pistol and Rifle Club, Onslow Motocross Club and the Proposed Onslow Model Aircraft Club to a location within Shire Reserve 19291; and

1. That the Executive Manager Western Operations and

the Executive Manager Community Services represent the Shire at discussions and during the formulation of a proposal that outlines the:

• Area of land required; • Proposed route of main access to the site; • Track and facilities layout; • Estimated development time frame; • Estimated budget; and

Ongoing – Report to be submitted at February 2008 Meeting


# Council Meeting

Agenda


• Proposals for the use of existing track and facilities.

12. 12/05 13.12.411 Part Road Closure

Vicinity of Ocean View Caravan Park Second Ave, Onslow

That:- 1. Council resolve to support the partial road closure and

the matter be advertised in accordance with the provisions of Sec. 58 of the Land Administration Act, 1997.

2. Upon completion of the advertising period the matter be referred back to Council for further consideration.

3. The Minister for Planning and Infrastructure be requested to reserve the land indicated as Lot 3002 on the plan attached as appendix 13.12.412 for Conservation, Recreation purposes and that its care, control and management be granted to the Shire.

Finalised. Relevant transfer completed by DPI.

13. 12/05 13.12.408 Proposed Transfer of Emergency Services Building

That :- 1. Council agree to transfer the tenure of the Onslow

Emergency Service Building to FESA subject to:- i) FESA to become responsible for the

outstanding loan on the facility and any financial outlay required for the transfer thereof; and

ii) A condition being placed on the Management Order over the premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service.

2. The necessary procedures required to effect the transfer be implemented.

3. The present designation of Lot 971 in the Shire’s Town Planning Scheme No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow.

4. The future need of the Onslow Emergency Services Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued.

Ongoing Formal request for transfer submitted to DPI. Waiting processing by DPI, which, in turn is awaiting clearance from Water Corporation. Clearance from Water Corp received 8 August 2007.

14. 08/5 13.08.376 Proposed BHP Billiton Pilbara LNG Processing

That Council request the Minister for State Development to obtain meaningful input from the Shire of Ashburton, when

Ongoing.


# Council Meeting

Agenda


Facility, Onslow – Preparation Of State Agreement

preparing the proposed State Agreement between the State Government and BHP Billiton, in relation to BHP Billiton Ltd’s proposed LNG Processing Plant, to be constructed adjacent to the town of Onslow, and that Council seek a meeting with the Minister to discuss this issue.

Part of ongoing discussion with State Government and Resource company re proposed LNG Plant at Onslow.

Council Decision MOVED : Cr Bloem SECONDED : Cr Fernandez That Council note the contents of this report.

CARRIED 7/0


15.12.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

Council Decision MOVED : Cr Bloem SECONDED : Cr Martin That Council accepts the late agenda item 15.12.05 “Land Conservation District Committee”.

CARRIED 7/0

15.12.05 LATE ITEM – LYNDON LAND CONSERVATION DISTRICT COMMITTEE (LCDC)

FILE REFERENCE: EV.ST.3 AUTHOR’S NAME AND POSITION:

Brooke Shields Executive Assistant CEO


Not Applicable




Agenda Item 12.11.73 Ordinary Meeting of Council 20 November 2007.

Summary Council at it’s ordinary meeting on the 20 November 2007, resolved to appoint Councillor Thomas to be the council representative on the Land Conversation District Committee (LCDC) for the zones, Roebourne/Port Hedland and also Ashburton. Council did not make a decision in relation to the zone Lyndon, Minilya catchment which encompasses the Carnarvon, Exmouth and Ashburton Shires. It is proposed that Council appoint a representative to this committee.

Background

Land Conservation District Committees (LCDCs) are statutory bodies formed under section 23 of the Soil and Land Conservation Act 1945 (the Act).


LCDC’s operate with respect to defined land conservation districts and are formed by an Order of the Governor in Council on the advice of the Minister for Agriculture, Forestry and Fisheries.

Membership of Land Conservation District Committees (LCDCs) is set out in the Soil and Land Conservation Act 1945 (the Act) and includes:

• the Commissioner of Soil and Land Conservation or his/her nominee;

• representative(s) of the relevant local government(s) in the district (can be a councillor, employee of the local government or other person);

• a total of three persons representing the Western Australian Farmers Federation (WAFF) and/or the Pastoralists and Graziers Association (PGA), if agricultural and pastoral activities are a major land use within the district (does not have to be a member of WAFF or PGA, although this will usually be the case); and

• such other number of persons from the local community required to complete the membership, being people or organisations who are actively engaged in land use within the district (generally referred to as the "land user" category).

The actual number of members on a particular LCDC is set by the order establishing the district. This varies between LCDCs.

The Commissioner of Soil and Land Conservation approves all appointments to LCDCs and members serve a maximum term of three years. The Shire’s previous appointee, Mr Thomas Alston, formerly of Yanrey Station, has left the area some two years ago and therefore the Shire has not had a representative in this committee during this period. Nominations are now being called due to the end of the three year term. Comment The administration has been in contact with the Department of Agriculture and Food in relation to the appointment. The Department has confirmed that Mr Matt Thomson from Emu Creek Station (formerly Nyang) has expressed interest in representing the Shire of Ashburton on this committee. Mr Thomson is currently the treasurer of the LCDC and he has confirmed to the Department of Agriculture and Food that he will ensure the Shire is fully informed with copies of minutes of the meetings and any updates. This is something that has been lacking in the past. Council approval is being sought in relation to this appointment. Consultation Department of Agriculture & Food

Statutory Environment Soil and Land Conservation Act 1945 Policy Implications There are no policy implications relative to this issue.


Financial Implications There are no financial implications relative to this issue. Strategic Implications There are no strategic implications relative to this issue. Voting Requirement Absolute Majority Required

16.12.0 CONFIDENTIAL REPORTS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting; (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: (e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or


MOVED : Cr Bloem SECONDED : Cr Martin

That Council

1. Appoint Mr Matt Thomson from Emu Creek Station to represent the Shire of Ashburton on the Land Conservation District Committee for the Lyndon, Minilya zone.

2. Instruct Mr Thomson to report back to Administration by forwarding copies of the

minutes for each meeting in order to keep Council informed.

CARRIED 7/0


(III) information about the business, professional, commercial or financial affairs of a person,

Where the trade secret or information is held by, or is about, a person other then the local government.

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for protecting

public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.

Council Decision MOVED : Cr Martin SECONDED : Cr Bloem That Council close the meeting to the pubic at 12:10 as per section 5.23 (2) (d) of the Local Government Act 1995.

CARRIED 7/0

1612.22 CONFIDENTIAL ITEM – TOM PRICE TOURIST PARK – LEASE ASSIGNMENT RESERVE 38762

FILE REFERENCE: TP.R.38762 AUTHOR’S NAME AND POSITION:



Kaussie Holdings P/L (Proprietors Mr A & Ms K Drage)



PREVIOUS MEETING Confidential Agenda Item 16.09.15 Ordinary


REFERENCE: Meeting of Council 18 September 2007 Agenda Item 13.08.26 Ordinary Meeting of Council 21 August 2007

Please refer to Confidential Attachment 16.12.22 under separate cover.

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Dias

That Council

1. Agree to the proposed assignment of the lease for the Tom Price Tourist Park (Reserve 38762) from Kaussie Holdings P/L to Com Holdings Pty Ltd and Western Pacific Corporation Investments P/L, subject to the following conditions (a) Kaussie Holdings P/L having signed the Deed of Variation to the current lease thus incorporating a daily fee for

structured accommodation, on the subject property

(b) Kaussie Holdings P/L having signed an indemnity in favour of the Shire in relation to possible loss by the Shire resulting from illegal building works on the site. (c) the existing and proposed lessees, as well as the directors of each company involved in the assignment, guaranteeing

the performance of the lease. (d) Kaussie Holdings P/L reimbursing the Shire all legal and administrative costs associated with the lease assignment, aswell as addressing 1(a) and 1(b) above.

2. Advise the prospective lease purchasers that the Shire is of the opinion that the

Tom Price Tourist Park is an integral element of the local tourism infrastructure. Further, Council has a policy of not encouraging ‘transient workers accommodation’ in the vicinity of shire towns. These policies will be reflected in Council’s consideration of any proposal to expand the existing facilities on the subject land.

CARRIED 7/0


16.12.23 CONFIDENTIAL ITEM LEASE –SUN CHALETS, ONSLOW (RESERVE 35889)

FILE REFERENCE: SE.R.35889 AUTHOR’S NAME AND POSITION:



Mr Richard Evans, Proprietor Ashburton Investments P/L (Lessee Sun Chalet)




Confidential Agenda Item 16.07.10 Ordinary Meeting of Council 17 July 2007 Confidential Agenda Item 16.05.09 Ordinary Meeting of Council 22 May 2007. Confidential Agenda Item 12.09.060 Ordinary Meeting of Council 19 September 2006. Agenda Item 12.10.083 Ordinary Meeting of Council 24 October 2006.

Please refer to Confidential Agenda Item 16.12.23 under separate cover

Council Decision / Officers Recommendation MOVED : Cr White SECONDED : Cr Bloem That Council

1. Appoint Cr Corker and the Chief Executive Officer to a working group to establish the terms, if any, on which, the lessee of the Sun Chalets (Reserve 35889) would be prepared to transfer the residual lease, to the Shire.

2. Instruct the Chief Executive Officer to prepare a report for consideration at the

February 2008 meeting of Council, detailing the benefits and disadvantages of Council

(a) purchasing the residual lease of the Sun Chalet property (subject to the

outcome of 1. above) (b) agreeing to the lessee’s proposal contained in it’s letter dated 11 December


2007, and (c) implementing a maintenance program for the balance of the current lease.

CARRIED 7/0

Keith Pearson, Jeff Breen, Bernie Smith, Larry Softley and Brooke Shields left the meeting at 12:32pm

16.12.24 CONFIDENTIAL ITEM – SENIOR MANAGEMENT STAFF

FILE REFERENCE: PE:EMPearon.Keith

PE:EMSoftley.Larry PE:EMSmith.Bernard PE:EMO’Halloran.Amanda

AUTHOR’S NAME AND POSITION:



Not Applicable


The author is contracted to the Shire pursuant to Section 5.39 (Contracts for CEO and Senior Staff) of the Local Government Act. In the event of Council adopting the officer’s recommendation, the Author would benefit to the extent that his annual leave entitlement would be increased by one week.


Confidential Item 16.11.20, Ordinary meeting of Council 20 November 2007.

Please refer to Confidential Attachment 16.12.24 under separate cover.

Council Decision / Officers Recommendation MOVED : Cr Bloem SECONDED : Cr Rumble That Council amend the employment contracts of the Chief Executive Officer, Executive Manager Community and Economic Development, Executive Manager Development Services and the Executive Manager Western Operations, by increasing the annual leave entitlement of each officer from five to six weeks.

CARRIED 7/0


Keith Pearson, Jeff Breen, Bernie Smith, Larry Softley and Brooke Shields re-entered the meeting at 12:35pm.

Council Decision MOVED : Cr Bloem SECONDED : Cr Rumble That Council re-open the meeting to the general public at 12:36pm

CARRIED 7/0

17.12.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 19 February, 2008 in the Council Chambers, Tom Price commencing at 9:00am.

18.12.0 CLOSURE OF MEETING

The Shire President declared the meeting closed at 12:36pm.

18 december 2007 minutes - shire of ashburton · the shire president welcomed greg dellar and...

Documents