agenda ordinary council meeting - flinders council · 9/19/2013 · the discovery of lead levels...

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1 Flinders Council Ordinary Meeting Agenda 19 September 2013

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AGENDA ORDINARY COUNCIL MEETING

19th September 2013


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CERTIFICATION

“I certify that with respect to all advice, information or recommendation provided

to Council with this agenda:

1. The advice, information or recommendation is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation, and;

2. Where any advice is given directly to Council by a person who does not have

the required qualifications or experience that person has obtained and taken into account in that person’s general advice the advice from an appropriately qualified or experienced person.

Note: S65(1) of the Local Government Act 1993 requires the General Manager to

ensure that any advice, information or recommendation given to the Council (or a Council Committee) is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation. S65(2) forbids Council from deciding any matter which requires the advice of a qualified person without considering that advice.”

Dated this 13th day of September 2013.

Raoul Harper GENERAL MANAGER


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FLINDERS COUNCIL ORDINARY MEETING

AGENDA DATE: Thursday 19th September 2013 VENUE: Flinders Island Art and Entertainment Centre, Whitemark COMMENCING: 1.00 pm

PRESENT

Mayor Carol Cox Cr Marc Cobham Cr Peter Rhodes Cr Gerald Willis Cr Ronald Wise

APOLOGIES

Deputy Mayor David Williams Cr Mary-Anne Roberts STAFF IN ATTENDANCE Raoul Harper - General Manager Kim Hossack - Corporate Services Manager Shane Walsh - Safety & Risk Officer Vicki Warden - Executive Assistant CONFIRMATION OF MINUTES That the Minutes from the Ordinary Council Meeting and the Closed Council Meeting held on the 15th August 2013 be confirmed. PUBLIC QUESTION TIME In accordance with Section 31 (1) of the Local Government (Meeting Procedures) Regulations 2005 and the Flinders Council Policy the following procedures be adhered to at public question time:- It is the policy of the Flinders Council to allow a ‘Question Time’ at Ordinary Council Meetings, during which members of the public may ask questions of the Council relating to Flinders Council matters. The basis on which questions may be asked is: 1. All questions will be addressed through the Chair (being the Mayor in normal

circumstances) who will answer them as she/he sees fit. Under no circumstances will members of the gallery be permitted to address or question either elected members or officers of the Council. The Chair may


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delegate answers to the appropriate Councillor or staff member if appropriate.

2. Persons addressing the Chair must pay the respect due to that office. Failure to do so may mean their address is terminated without notice.

3. Where the answer cannot be provided immediately, it will be provided in writing within 14 days and tabled at the following Ordinary Council Meeting.

4. All questioners are encouraged to register their intent to question with the General Manager before the meeting. Preference will be given to those who have so registered.

5. Question time shall not extend longer than 30 minutes and may be divided into two 15 minute sessions.

6. The actual timing of the session(s) is to be immediately after the opening of the meeting and advertised with the notice of meeting.

LATE AGENDA ITEMS Nil DECLARATION OF PECUNIARY INTEREST In accordance with Part 2 Regulation 8 (7) of the Local Government (Meeting Procedures) Regulations 2005, the Chairman of a meeting is to request Councillors to indicate whether they have, or are likely to have, a pecuniary interest in any item on the agenda. Accordingly, Councillors are requested to advise of a pecuniary interest they may have in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with, in accordance with Part 2 Regulation 8 (6) of the Local Government (Meeting Procedures) Regulations 2005. LEAVE OF ABSENCE Nil PETITIONS Nil


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WORKSHOPS & INFORMATION FORUMS File No: COU/0205

Council Workshop held on 15th August 2013 Council held a Workshop on the 2014 Australian Small Islands Forum. Councillors Present: Mayor Carol Cox, Deputy Mayor David Williams, Cr Peter Rhodes, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. Apologies: Nil Staff and Consultants Present: Raoul Harper (General Manager), Jo Clarke (Communications Consultant), Jana Harper (Community Development Officer) and Vicki Warden (Executive Assistant).

Council Workshop held on 28th August 2013 Council held a Professional Development Workshop for Councillors and interested members of the public on Contributing as a Councillor. Councillors Present: Deputy Mayor David Williams, Cr Mary-Anne Roberts, Cr Gerald Willis and Cr Ronald Wise. Apologies: Mayor Carol Cox, Cr Marc Cobham, Cr Peter Rhodes. Staff, Consultants and Members of the Public Present: Lynn Mason (Presenter), Vicki Warden (Executive Assistant) and Louise Angel. As workshops and information sessions are for information and discussion purposes only, no decisions are made or foreshadowed at these proceedings. PUBLIC MEETINGS Nil


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COUNCILLOR’S QUESTIONS ON NOTICE Question 1: Cr Gerald Willis Will the General Manager arrange for the removal of unsightly and hazardous bush situated at the southeast corner of the grounds of the Lady Barron Memorial Hall? Response: General Manager The Parks and Reserves Officer will be directed to assess the vegetation. Question 2: Cr Gerald Willis Will the General Manager provide elected members with an update on the latest known status of the quality of water supplied by Ben Lomond Water to residents of Whitemark and Lady Barron and if the water is not currently suitable for human consumption (as is recorded on the latest invoices for charges for supply and service) will the General Manager provide recommendations to elected members on what action they should take to encourage Ben Lomond Water to ensure water supplied to residents of those two townships is fit for human consumption, especially given Flinders Island residents pay $0.72 per kL which is only discounted by 20% of the amount residents in the Launceston region pay for safe water? Response: General Manager The water supply on Flinders Island is non potable. No potable supply has ever been provided to residents under the previous management by Council or the current arrangements with TasWater. The discovery of lead levels above the Australian Drinking Water Guidelines in the Whitemark water supply has seen extensive investigations undertaken by TasWater but to date no specific source of the contamination has been found. A genuine and persistent public health risk is now evident and to TasWater’s credit they have taken a methodical and systematic approach to the investigation. Council staff have engaged with TasWater throughout the investigation to assist where possible. Tas Water are now actively investigating if a water treatment plant may well be the only viable option to avoid the public health risk that is evident. More information on these investigations will be provided to the community and Council as they come to hand. In relation to the charges levied for the non potable supply, the price paid by island residents is in line with the price determination approved by the Economic Regulator for non potable supplies throughout Tasmania. Question 3: Cr Marc Cobham Can the General Manager provide an update on our current and future involvement with NRM North given that there was some doubt in June/July 2013 that the then existing funding arrangements would continue ?


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Response: General Manager NRM North (NRMN) has confirmed that their funding has been secured and negotiations on the contractual agreement between NRMN and Council are ongoing. To date NRMN has shown little interest in altering the previous contract model of funding and assessing alternative funding arrangements. The preferred NRMN funding models expose Council to significant staff on-costs. COUNCILLOR’S QUESTIONS WITHOUT NOTICE Regulation 29 of the Local Government (Meeting Procedures) Regulations 2005 specifies that in putting a Question Without Notice a Councillor must not offer an argument or opinion, draw any inference or make any imputations except so far as may be necessary to explain the question. The Chairperson must not permit any debate of a Question without Notice or its answer. PUBLICATIONS/REPORTS TABLED FOR COUNCIL INFORMATION Nil


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REPORTS TO BE RECEIVED Furneaux Community Health Special Committee File No: CSV/0912 Annexure 1: Furneaux Community Health Special Committee Unconfirmed

Minutes 13th August 2013 OFFICER’S REPORT (Raoul Harper, General Manager): The unconfirmed minutes of the Furneaux Community Health Special Committee held on Tuesday 13th August 2013 have been provided for consideration. The minutes outline what the committee has been working on to date and can now be received by Council. OFFICER’S RECOMMENDATION That the unconfirmed minutes of the Furneaux Community Health Special Committee meeting held on Tuesday 13th August 2013 be noted.

Furneaux Group Shipping Special Committee File No: COM/0403 Annexure 2: Furneaux Group Shipping Special Committee Unconfirmed

Minutes 6th August 2013 OFFICER’S REPORT (Raoul Harper, General Manager): The unconfirmed minutes of the Furneaux Group Shipping Special Committee held on Tuesday 6th August 2013 have been provided for consideration. The minutes outline what the committee has been working on to date and can now be received by Council. OFFICER’S RECOMMENDATION That the unconfirmed minutes of the Furneaux Group Shipping Special Committee meeting held on Tuesday 6th August 2013 be noted.

Audit & Finance Special Committee File No: FIN/1300 Annexure 3: Audit & Finance Special Committee Unconfirmed Minutes 6th

August 2013 OFFICER’S REPORT (Raoul Harper, General Manager): The unconfirmed minutes of the Audit & Finance Special Committee held on Tuesday 6th August 2013 have been provided for consideration. The minutes outline what the committee has been working on to date and can now be received by Council.


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OFFICER’S RECOMMENDATION That the unconfirmed minutes of the Audit & Finance Special Committee meeting held on Tuesday 6th August 2013 be noted. COUNCILLORS’ REPORTS Nil


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MAYOR’S REPORT:

ACTION Information PROPONENT Mayor C Cox FILE REFERENCE COU/0600 ASSOCIATED PAPERS Nil

REPORT:

ACTIVITIES:

08/08/13 School Association Meeting 09/08/13 Meeting with Mrs L Buck 13/08/13 Furneaux Community Health Special Committee Meeting 15/08/13 Councillor Workshop 15/08/13 Council Meeting 16/08/13 Screening of 72 hours

17-18/08/13 King Island Tourism Trip 19/08/13 Australian Bureau of Statistics Census Information Session

28/8 - 9/9/13 Deputy Mayor as Acting Mayor

28/09/13 Acting Mayor: Councillor Professional Development Workshop with Lynn Mason

03/09/13 Acting Mayor: Meeting with General Manager and Palmer United Party Representatives

05/09/13 Acting Mayor: Councillor bus tour of drainage issues and selected Council Assets

09/09/13 School Association Meeting 10/09/13 Meeting with General Manager and Tasports Representative

Referendum: An election called prior to 14th September resulted in the referendum on the constitutional recognition of Local Government not being able to occur in conjunction with the election. The announcement of an early election by Prime Minister Rudd on 4th August ended the possibility of a referendum in 2013. This decision was made without consultation with local government and for reasons outside local government's control. (Reference ALGA) Planning: Council’s Consultant on the development of the Interim Planning Scheme has advised that the letter received from Minister Green indicating that the Flinders Interim Scheme had been submitted was sent in error, and is inaccurate. Flinders was not the only Council to receive one and it has led to a level of confusion. Greg Alomes of the Tasmanian Planning Commission (TPC) has confirmed that there will be another to follow, but it has not yet been received.


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Essentially, Flinders’ letter was supposed to confirm that Council is progressing its Interim Scheme to lodge with the Minister and the next letter will also mention that the Minister supports a localised approach for Flinders, in light of Regional Strategy revisions. The TPC and the Minister are aware that Flinders had no interest in a new scheme unless it could implement the full suite of zoning revisions required, hence the letter to come is supposed to give Council some confidence to proceed with the Draft Interim Scheme as consulted with the community. Shipping: Meetings between all interested parties have continued with regard to conditions and guiding Lady Barron Port infrastructure improvements. 72 Hours: Congratulations to the Council staff and community members who assisted on providing this wonderfully attended preview of the American reality show filmed on Flinders Island. Unused film that was taken during the production of the show has been forwarded to Council for use in Island Promotion. CORRESPONDENCE IN:

Hon Bryan Green MP In principal approval of Northern Regional Land Use Strategy (NRLUS)

Ashley Hallam, Stonemason Promotion of Stonemason Service available

SEGRA Convener National Conference (Sustainable Economic Growth for Regional Australia)

The Hon Nick McKim MP Invite to Opening Ceremony & Awards Presentation for 2013 Young Archies

Kim Booth MP More Jobs Less Logs - Invite to forum at Huonville (04/09/13)

TasWater - CEO M Hampton Owners Representatives Quarterly Briefing - Friday 15/11/2013

LGAT Early election cancels referendum on Local Government

Frank Gray, USA Query for information on Whitemark Furneaux Freight EPA Regulations

Ben Lomond Water Recommendation to Agree to Deregister Corporation

Hon David O'Byrne MP Re: Changes to speed limits

Tasmanian Conservation Trust Inc.

Invite to participate in local Council based community education program to promote Responsible Cat Ownership

Tasmanian Audit Office

Submission of Financial Statements for Year Ending 30 June 2013 - Council complies with Section 17 of Audit Act

Northern Tasmania Invite - Macquarie Point Redevelopment


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Development (NTD) Information Session Chairman, Tasmanian Development Board

Invite - Cocktail Function with Tasmanian Development Board

Australian Local Government Women’s Association (ALGWA) Tasmanian Branch Inc. Introduction of new team at ALGWA Frances Henwood Re: Outdoor gym equipment at Lady Barron TasWater - CEO M Hampton Change of meeting time Tasports, Sam Wilson-Haffenden Lady Barron Port update Inquiry Native plant oils Bicycle Network Victoria Bike Futures conference

NTD Local Government Committee Unconfirmed Minutes

CORRESPONDENCE OUT:

03/09/13 Mr. Frank Gray Re: Requested information on Whitemark

03/09/13 Stenning & Associates Role of Local Government - Self Assessment Survey

03/09/13 Mr David Grutzner Re: Public question on fitness equipment

03/09/13 Mr Miles Hampton, Taswater Re: Owner's Representatives meeting time

12/09/13 Mr Geoff Lyons Thank you for support over last three years

12/09/13 Mr Andrew Nikolic Congratulations and look forward to your support

VOTING REQUIREMENTS: Simple Majority RECOMMENDATION: That the Mayor’s report be received and accepted.


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OPERATIONAL BUSINESS OF COUNCIL A. DEVELOPMENT SERVICES AND PLANNING APPLICATIONS Item A1: Amendment to the Flinders Planning Scheme 1994 File No: Draft Amendment 1/2013 B. NOTICE OF MOTIONS Item B1: Notice of Motion from Mayor Carol Cox – Appointment of Special

Committee Representative File No: AME/0503 Item B2: Notice of Motion from Mayor Carol Cox – Road Speed Limits File No: WOR/1600 Item B3: Notice of Motion from Deputy Mayor David Williams –

Resignation of Special Committee Representative File No: FIN/1300 Item B4: Notice of Motion from Cr Mark Cobham – Acknowledgment of

Elected Emita Hall Committee File No: AME/0502 Item B5: Notice of Motion from Cr Gerald Willis – Change to Citizens

Awards Guidelines File No: PUB/0800 C. CORPORATE SERVICES Item C1: Risk Management Framework File No: FIN/1003, FIN/0300 & LEG/0700 Annexure 4: Risk Management Framework D. GOVERNANCE DEPARTMENT Item D1: Voluntary Deregistration of Tasmanian Water and Sewerage

Corporation (Northern Region) File No: WAT/0300


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Item D2: 2014 Australian Small Islands Forum File No: PUB/0600 Item D3: Councillor Resolution Report File No: COU/0600 Annexure 5: Councillor Resolution Report September 2013 E. CLOSED COUNCIL Item E1: Closed Council Item – Information provided to the Council on the

condition it is kept confidential File No: PUB/0800 Annexure 6 - 8: For Elected Members only Meeting Closed


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A. DEVELOPMENT SERVICES AND PLANNING APPLICATIONS Pursuant to Section 25 of the Local Government (Meeting Procedures) Regulations 2005 the Council will now act as a Planning Authority under the Land Use Planning and Approvals Act 1993. Item A1: Amendment to the Flinders Planning Scheme 1994

ACTION Decision – Initiation & Certification PROPONENT Flinders Council OFFICER Justin Simons, Consultant Town Planner APPROVED BY SENIOR PLANNER

Jo Oliver, Senior Consultant Town Planner

FILE REFERENCE Draft Amendment 1/2013 ASSOCIATED PAPERS Nil

Proposal: Amendment to the Flinders Planning Scheme 1994 – Amendment 1/2013 - Amend Sheet 2 and Sheet 3 of the Flinders Planning Scheme Maps to remove a Buffer/Attenuation Area of the former Thule Road quarry from the following titles: CT:208472/1, CT:111999/1, CT:111999/3, CT: 111999/4, CT: 226995/1, CT: 243450/1, and Crown Land (Darling Ranges Conservation Area).

Location: Thule Road, Ranga Applicant: Flinders Council Zoning: Rural Special Areas: Ecologically Sensitive Area, Visually Sensitive Area and

Shorelines, Water Bodies and Watercourses.

INTRODUCTION This report proposes an amendment to the Flinders Planning Scheme 1994 to remove the Buffer/Attenuation Area currently surrounding the former ‘Manns Pit’ quarry located at Thule Road, Ranga (CT:208472/1). Section 34(1)(b) of the Land Use Planning & Approvals Act 1993, provides that a “planning authority may… of its own motion…initiate an amendment of a planning scheme administered by it”. The purpose of this amendment is to remove unnecessary restrictions on the use and development of land subject to the buffer as the quarry to which the buffer relates is no longer in use and has been largely remediated. The land is currently owned by Council as the operator of the former quarry, however with the quarry resource now exhausted and the land rehabilitation carried out, the land is surplus to Council needs.

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Figure 1: Locality Plan (showing the property to which the Attenuation/Buffer Area relates) Source: www.thelist.tas.gov.au

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Planning Control: The subject land is controlled by the Flinders Planning Scheme 1994 (referred to in this report as the ‘Scheme’). Statutory Timeframes: Decision Due – Initiation and Certification: 19th September 2013 Advertising: Wednesday 25th September and Saturday 28th September 2013

Closing date for representations: Monday 21st October The amendment must be advertised for a minimum of 3 weeks and not more than 2 months as determined by the planning authority in accordance with Section 38 of LUPAA.

Amendment Description:

The amendment is described as: Amend Sheet 2 and Sheet 3 of the Flinders Planning Scheme Maps to remove a Buffer/Attenuation Area from the following titles: CT:208472/1, CT:111999/1, CT:111999/3, CT: 111999/4, CT: 226995/1, CT: 243450/1, and Crown Land (Darling Ranges Conservation Area).

Zoning:

The subject title and surrounding titles to the east, south and west are zoned Rural. The Crown Land (Darling Range Conservation Area) to the north is zoned Environmental Management and Recreation.

Parts of the land within the buffer are subject to Special Areas. The Crown Land to the north is within an Ecologically Sensitive Area, much of the north of CT:208472/1 is subject to a Visually Sensitive Area, and the land in close proximity to Chew Tobacco Creek to the south is subject to a Shorelines, Water Bodies and Watercourses Special Area.

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Buildings should be substantial distances from the road frontage and apart, unless inappropriate for operational or topographical reasons. Where land clearance is undertaken it should be visually sympathetic; important trees (or stands of trees) should be retained, important hilltop locations should not be cleared and location of trees and shrubs along fence lines, property boundaries, watercourses and at property entrances is encouraged. Buildings and structures for aquaculture should be sited with regard to the protection of coastal scenery and compatibility with recreational use of the coastline.

c) Land use or development and management practices shall be environmentally appropriate and shall avoid contamination or despoliation of the land, ground water, water courses, shorelines, lagoons and marshes. Sand-dunes and coastal vegetation and ecologically important areas shall be protected from degradation.

d) Forestry activities in the zone shall be in accordance with the Forest Practices Code.

Environmental Management and Recreation Zone

The intent of the Environmental Management and Recreation Zone is outlined under Clause 5.10.1 of the Scheme, which states:

The Intent of the Environmental Management and Recreation zone is to provide for the sustainable management of the natural and physical resources found on Crown lands and other lands whilst providing opportunities for public recreation at suitable sites. This intent recognises that on Crown lands that are leased, various use rights have been established and may continue with appropriate management under the terms and conditions of those leases. The Environmental Management and Recreation zone also contains places of special importance for the conservation of species and for their cultural heritage value; the intention is that those places be identified, documented and protected from inappropriate Use or Development.

The desired zone character and zone guidelines are outlined under 5.10.2 of the Scheme which states:

a) Landforms, landscapes, places, places and habitats in which natural

processes, native vegetation, indigenous fauna and items of cultural heritage are protected from inappropriate Use or Development;

b) Management goals that identify and protect the environmental values and heritage values of particular sites, including (but not limited to) scenic amenity, water quality, water quantity, soil structure, biodiversity, evidence

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of human occupation and historic use, the presence of rare or endangered species and the absence of exotic species, diseases and weeds;

c) The provision on public land of recreational facilities in a manner which minimises impacts upon identified environmental and heritage values;

d) The restrained and careful application of management practices such as the clearing, burning or grazing of vegetation, the use of herbicides or pesticides, or the construction of tracks and firebreaks and then only after adequate investigation and where it can be demonstrated that such practices are in support of management goals;

e) The careful siting and design of Buildings, Structures, Works and Landscaped Space in order to minimise adverse impacts on the identified values of the locality.

Intent of Proposal:

The land is currently owned by the Flinders Council and has been historically used as a quarry. As the quarry is no longer in use and past environmental impacts have been largely remediated, Council has expressed an interest in allowing alternative use and development on the land consistent with the planning controls over the surrounding locality. Although the land has some potential for agricultural development, large scale vegetation clearance is largely restricted by the Special Area overlays and the presence of threatened native vegetation communities. The amendment would allow a residential use to be considered for the remaining four lots, a use currently prohibited due to the buffer.

Council recognizes that the land contains other values, however the existing Special Area overlays will continue to protect the land from inappropriate and non-compatible development. The purpose of a buffer area is to protect the resource activity from conflict with sensitive uses. Once the resource activity ceases, it is no longer appropriate to apply these restrictions to adjoining land.

The Site: The subject buffer area is located to the east of Whitemark, incorporating almost the entirety of CT:208472/1, and capturing the edge of adjoining properties. The land is located to the immediate south of the Darling Range Conservation Area (Crown Land).

The majority of adjoining land to the west, east and south of the site is zoned Rural and has been largely cleared for agricultural use, with some stands of remnant vegetation. The Darling Range Conservation Area to the north covered by native vegetation with some outcropping rock.

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Figure 4: Aerial Photo, showing CT:208472/1 and the surrounding land. Source: The LIST. CT:208472/1 has an area of 198.46 hectares, is currently vacant and is largely vegetated. The Buffer/Attenuation Area has a radius of 1km from the quarry site; encompassing most of this property and a small area of the adjoining properties. A Natural Values Atlas Report for CT:208472/1 identified the presence of a Wedge Tailed Eagle and Raptor Nest on the land. A subsequent investigation by Council’s NRM Officer found the following values:

• Two (2) rare plant species which are listed on the Tasmanian Threatened Species Protection Act 1995;

• Three native vegetation communities that are of conservation significance. Two of which are identified as endangered threatened vegetation communities in accordance with Schedule 3A of the Tasmanian Nature Conservation Act 2002;

• A wedge tailed eagle nest and the potential presence for nesting wedge tailed eagles which are identified on both the Commonwealth Environment Protection and Biodiversity Act 1999 and the Tasmanian Threatened Species Protection Act 1995; and

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The Amendment:

Strategy

• Council’s Strategic Plan 2011

The Flinders Council Strategic Plan 2011 states the strategic outcome for Land Use, Development and Building as ‘a productive system of land and building development that promotes investment and activity while protecting people and the environmental characteristics of the Flinders Municipal area. One strategy under the strategic outcome is “Facilitate rehabilitation of underused sites to encourage higher value development and improve amenity”. The subject site, as previously mentioned, is no longer used as a quarry and is therefore being underutilized. The Buffer Area constrains the use of the site in a manner that is no longer appropriate given the cessation of quarry activities. The proposed amendment will further the strategic outcome and associated strategy as it will promote investment by removing unnecessary and inappropriate restrictions on the use and development of the land.

• Council’s Structure Plan 2011

Council’s Structure Plan has been ‘designed to guide the development of the new Flinders Planning Scheme’ and ‘aims to guide future land use and development’ (Flinders Structure Plan 2011:1).

The Structure Plan identifies competition for land use, particularly residential as a threat to agriculture. One of the strategies identified to maintain agricultural productivity is to keep residential use as discretionary in the Rural Zone. Although the removal of the buffer will allow residential development to be considered on the land, it will remain discretionary due to the Rural zoning.

As the proposal does not include any on-ground works or specific use for the land, it is not considered to have a detrimental impact on other land use and population distribution issues identified by Council’s Structure Plan 2011. Flinders Planning Scheme 1994

• 2.2 Intent of the Scheme:

Clause 2.2 of the Scheme outlines the intent of the scheme. Specifically, the following have been identified as being relevant to the proposal:

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1. Encourage the orderly and efficient use and management of resources within the Planning Area;

Comment: The quarry associated with the subject Buffer/ Attenuation Area is no longer in use and has been largely rehabilitated. To retain this buffer and unnecessarily restrict use and development on the land which falls within it is an inefficient use of land and resources.

3. Maintain and diversify the economic base of the Planning Area;

Comment: The economic base will be furthered as a result of the removal of the buffer which will enable development for sensitive uses.

7. Ensure that future changes and use or development respect the inherent qualities of the natural environment and avoid undesirable environmental and social impacts;

Comment: The land currently subject to the Buffer/Attenuation Area has high environmental values. The establishment of a buffer area is not a mechanism to manage ecological values and its removal will not affect the ability of the Scheme to appropriately address the environmental values of the site. Parts of the land are subject to the Specials Areas: Ecologically Sensitive Area, Visually Sensitive Area, and Shorelines, Water Bodies and Watercourses. Council has the ability to condition development to reflect these values or refuse to grant a permit where use and development is considered to be inappropriate.

9. Ensure that appropriate use or development types are catered for and

promote the opportunity for the development of recreation and tourist facilities;

Comment: Agricultural development of the land is not desirable due to the environmental values of the land. However, under the right circumstances residential development could be considered to be an appropriate use.

10. Encourage the proper use and maintenance of rural land, consistent with the purpose for which it is zoned;

Comment: The land within the Buffer/Attenuation Area is largely zoned Rural, with a small area to the north being zoned Environmental Management and Recreation. The removal of the buffer will not reduce the agricultural capacity of the land within it. Agriculture is already largely hindered by the Special Areas overlays and the presence of threatened species. The Intent of the Rural Zone has been discussed below.

11. protect elements of special value; and

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Comment: The removal of the buffer does not pose a threat to the special environmental values of the land within it. Although the prohibition on residential development will be removed, it will remain a discretionary use in the Rural Zone. As the land is subject to the Special Areas; Visually Sensitive Area, and Shorelines, Water Bodies and Watercourses any use and development of the land will be subject to a discretionary application and would need to show that it does not pose a threat to the land’s natural environmental values.

The amendment is considered to comply with the Intent of the Scheme.

• 3.19 Buffer/Attenuation Areas

The provisions of the Buffer/Attenuation Area are outlined in Clause 3.19 of the Scheme which states:

3.19.1 Notwithstanding any other provision in this Scheme, within the

Buffer/Attenuation Special Area a “dwelling unit” shall be prohibited in accordance with Clause 3.6.

3.19.2 In considering any application within a Buffer/Attenuation area Council shall take into consideration the potential interaction between existing Uses or Developments and the proposed Use or Development and may impose conditions to minimise the impact of that interaction.

3.19.3 Matters to be considered when determining an application include:

c) The siting and orientation of habitable buildings in relation to the topography and sources of emissions;

d) The design of buildings, including the position of doors and windows and the noise absorbing properties of proposed building materials;

e) The benefits of screening with earth mounds, walls, fences or landscaping.

3.19.4 Notwithstanding Clause 3.19.1, within the existing lots zoned Low Density Residential at Bluff Road and subject to the Buffer/Attenuation Special Area, a House or a House and Ancillary Apartment may be erected in accordance with Clause 3.5 of the Scheme.

Comment: As mentioned, the Buffer/Attenuation Area relates to a quarry which is no longer in use and has been rehabilitated (see Photo 1 & Photo 2). The quarry

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area is rapidly becoming re-vegetated and is taking on the appearance and characteristics of the surrounding land, and does not produce any emissions or nuisance. As such, it is considered the quarry no longer has the potential to adversely impact use and development of the surrounding land and Clause 3.19 is an unnecessary consideration for determining applications.

• 5.8 Rural Zone

The implications of the amendment for the subject and surrounding Rural Zoned land is considered to be minimal. The Intent of the Rural Zone states that ‘use and development in the Rural Zone is intended to accommodate agricultural uses and development predominantly, with some compatible non-agricultural uses and development in appropriate circumstances’. Currently, as detailed above, the Buffer/Attenuation Area prohibits the development of a dwelling. In the appropriate circumstances the development of a dwelling is considered to be a compatible non-agricultural use. The removal of the buffer would allow a residential use to be considered as discretionary in the future; however, no use or development is proposed at this time. While the proposal does not include any plans for development, the removal of the buffer would allow a dwelling to be considered as discretionary in the future. The particular circumstances and the appropriateness of any residential development would be assessed if and when any future application is made. All other use and development will not be affected by the removal of the buffer, however, the Clauses of the Scheme pertaining to the buffer are considered to be an unnecessary consideration.

• 5.10 Environmental Management and Recreation Zone

The subject Buffer/Attenuation Area extends approximately 200m into the Crown Land property located to the north and west. This property is zoned Environmental Management and Recreation. As residential development is already prohibited in the Environmental Management and Recreation Area, the removal of the buffer will not impact the forms of use and development currently allowable in this zone. As the quarry is no longer in use and does not produce any undesirable emissions, Clause 3.1.9 of the Scheme relating to Buffer/Attenuation Areas is an unnecessary consideration and restriction on development in this zone.

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• Part 6 Use and Development Principles

The removal of the buffer does not conflict with any of the Use and Development Principles identified in Part 6 of the Scheme. The proposal does not suggest any future use or development of the land, but will effectively remove an unnecessary restriction on use and development of the land subject to it. As the quarry is no longer in use and has been rehabilitated it is not necessary to consider it during the assessment of future development applications.

• Part 7 Special Area Provisions

7.2 Visually Sensitive Area No use or development has been proposed for the land. The use and development standards of the Visually Sensitive Area will be applicable to any future application for use and development on the land. The removal of the Buffer/Attenuation Area will not influence these considerations.

7.3 Ecologically Sensitive Area No use or development has been proposed for the land. Any future proposal for use and development within the ecologically sensitive area must show that it will not compromise the ecological significance of the land. The removal of the Buffer/Attenuation Area will not influence these considerations.

7.5 Shorelines, Water Bodies and Watercourses No use or development has been proposed for the land. The use and development standards of the Shorelines, Water Bodies and Watercourses Special Area will be applicable to any future application for use and development on the land. The removal of the Buffer/Attenuation Area will not influence these considerations.

• Clause 3.10 – Consideration of Applications for Planning Permit No use or development has been proposed. The amendment simply seeks the removal of a buffer which is no longer necessary as the quarry associated with it is no longer in use. The impact of any future proposals for use and development of the land will be assessed against the provisions of this clause during assessment.

External Referrals Not applicable.

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Land Use Planning & Approvals Act 1993

In accordance with Section 32 of LUPAA, in determining a request for an amendment to the Planning Scheme, the planning authority must seek to further the objectives set out in Schedule 1.

Section 32 – Requirements for the Preparation of Amendments 1) An amendment of a planning scheme –

(a) Must seek to further the objectives set out in Schedule 1; and

Comment: Refer to comments below.

(b) Must be prepared in accordance with State Policies made under Section 11 of the State Policies and Projects Act 1993; and

Comment: The proposal is discussed against the State Policies, below, and is considered to accord with the State Policies.

(c) May make any provision which relates to the use, development,

protection or conservation of any land; and Comment: The amendment to remove the Buffer/Attenuation Area from the title and surrounding land will allow the development of a dwelling to be considered where they are otherwise currently prohibited.

(d) Must have regard to the safety requirements set out in the

standards prescribed under the Gas Pipelines Act 2000; and

Comment: Not applicable

(e) Must, as far as practicable, avoid the potential for land use conflicts with use and development permissible under the planning scheme applying to the adjacent area; and

Comment: Flinders Island does not adjoin any other Municipality.

(f) Must have regard to the impact that the use and development

permissible under the amendment will have on the use and development of the region as an entity in environmental, economic and social terms.

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Comment: The proposal relates to only a localised issue for Flinders Island. The proposal has no effect on the region an as entity.

2) The provisions of section 20(2), (3), (4), (5), (6), (7), (8) and (9) apply to the amendment of a planning scheme in the same manner as they apply to planning schemes. Comment: The proposed rezoning seeks to remove a Buffer/Attenuation Area relating to a historic land use which is no longer occurring on the land. Currently the land is vacant. The removal of the buffer will not contravene the provisions of Section 20 listed above.

Schedule 1 – Part 1 – Objectives of the Resource Management and Planning System of Tasmania

1. The Objectives of the Resource Management and Planning System of Tasmania are:

(a) To promote the sustainable development of natural and physical

resources and the maintenance of ecological processes and genetic diversity; and

Comment: The land has been identified as possessing significant natural values. The removal of the buffer will allow the development of a dwelling to be considered as discretionary, however, as with any other discretionary application it would only be approved if it could be adequately demonstrated that it does not pose a threat to those values. Currently no specific use or works have been proposed for the land.

The proposal is considered acceptable in terms of this objective.

(b) To provide for the fair, orderly and sustainable use and development of

air, land and water; and Comment: Currently the subject buffer prohibits residential development unnecessarily. The removal of this buffer is considered fair and orderly in regard to ongoing land use and planning as it removes a planning restriction which is no longer applicable. The proposal is considered acceptable in terms of this objective.

(c) To encourage public involvement in resource management and

planning; and

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Comment: The public will be able to participate in the process during the public exhibition stage. Representations can be lodged at any time during this stage, with any representation received assessed within a subsequent Section 39 report (if applicable).


(d) To facilitate economic development in accordance with the

objectives set out in paragraphs (a), (b) and (c); and Comment: The proposal facilitates economic development by removing an unnecessary restriction and expanding options for use and development of the land by allowing residential development to be considered.


(e) To promote the sharing of responsibility for resource management

and planning between the different spheres of Government, the community and industry in the State.

Comment: The amendment under Section 34 (1)(b) allows Local and State Government, along with the community, to be involved in the application process.

Schedule 1 - Part 2 - Objectives of the Land Use Planning & Approvals Act 1993 established by this Act:

(a) To require sound strategic planning and co-ordinated action by State and Local Government;

Comment: The removal of a defunct Buffer/Attenuation Area is consistent with sound strategic planning. The proposal is considered acceptable in terms of this objective.

(b) To establish a system of planning instruments to be the principal way

of setting objectives, policies and controls for the use, development and protection of land; and

Comment: The Zone Intent and Desired Zone Character and Zone Guidelines have been discussed above. The intent of the Rural Zone is for agricultural development and certain non-agricultural uses where appropriate. The Rural Zoning of the land will not change and it will remain subject to the Visually Sensitive Area and Shorelines, Water Bodies and Watercourses Special Area Provisions. Residential

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development will remain prohibited in the area zoned Environmental Management and Recreation. The amendment is considered to be in keeping with the objectives, policies and controls established by these zones. The proposal is considered acceptable in terms of this objective.

(c) To ensure that the effects on the environment are considered and

provide for explicit consideration of social and economic effects when decisions are made about the use and development of land; and

Comment: The removal of the buffer will not compromise those provisions of the Scheme which currently protect the environmental values of the land within the buffer. While development of a dwelling may be considered, it remains discretionary and must be assessed against the applicable Clauses of the Scheme. The proposal does not include any specific use or development of the land, but simply allows an additional use to be considered.


(d) To require land use and development planning and policy to be easily

integrated with environmental, social, economic, conservation and resource management policies at State, R egional and M unicipal levels; and

Comment: An unnecessary buffer complicates the integration of planning policy.

The proposal does not conflict with this objective.

(e) To provide for the consolidation of approvals for land use or

development and related matters, and to co-ordinate planning approvals with related approvals; and

Comment: The removal of this buffer supports a recent application for subdivision of the land within it.

(f) To ensure a pleasant, efficient and safe working, living and recreational

environment for all Tasmanians and visitors to Tasmania; and Comment: As the quarry is no longer in use, the removal of the buffer does not pose a threat to the pleasant, efficient and safe working living and recreational environment.

The proposal is considered consistent with this objective.

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(g) To conserve those buildings, areas or other places which are of

scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; and

Comment: The removal of the buffer area will not impact the natural values identified on the land within it. A large portion of these values are captured within Special Area overlays, in which all use and development is considered discretionary. As such these values must be considered as part of the assessment of any future use and development.


(h) To protect public infrastructure and other assets and enable the

orderly provision and co-ordination of public utilities and other facilities for the benefit of the community; and

Comment: The quarry associated with the buffer is no longer in use. As such, the removal of the buffer will not adversely impact public infrastructure or other assets.


(i) To provide a planning framework which fully considers land capability.

Comment: As previously discussed, the land within the buffer has restricted potential for use and development due to its natural values and low land capability. The removal of the buffer will increase the range of uses which may be considered on the land.


Based on the above, it is considered that the amendment to the Scheme maps are in keeping with the Objectives of LUPAA.

State Policies: State Policy for the Protection of Agricultural Land 2009

The proposal does not conflict with the State Policy for the Protection of Agricultural Land 2009. While the land within the buffer is zoned Rural, the application does not propose any use or development. Any future applications for

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the use and development of the land will need to take the PAL Policy into consideration.

The proposal is considered to be in accordance with the State Policy.

Tasmanian State Coastal Policy 1996

The subject buffer is not located within 1km of the high water mark.


State Policy on Water Quality Management 1997

As no use or development is associated with the amendment, the proposal does not pose a threat to water quality management.


Conclusion:

In summary, it is considered that the proposal to amend the Scheme maps to remove a Buffer/Attenuation Area at CT:208472/1, Thule Road, Ranga is not at variance with Council’s long term strategy as identified in the Council’s Strategic Plan and Structure Plan. The land is currently vacant and the removal of the buffer will not impact use and development of the land, except to remove a prohibition on a “dwelling unit”. As the quarry associated with the buffer is no longer in use, the buffer is considered to be an unnecessary hindrance to the use and development of the land.

As such, it is recommended that the proposed changes to the Scheme maps, to remove the Buffer/Attenuation Area be initiated and certified by Council as per the recommendation below.

In accordance with Section 65 of the Local Government Act 1993, this advice is given by officers of the Council with appropriate qualifications and experience.

STATUTORY REQUIREMENT:

Council must process and determine the application in accordance with the Land Use and Planning Approvals Act 1993 (LUPAA) and its Planning Scheme. The application has been made in accordance with Section 34 (1)(b) of LUPAA below:

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34. Amendment of planning scheme (1) A planning authority may –

(a) in response to a request under section 33; or (b) of its own motion – initiate an amendment of a planning scheme administered by it.

COMMUNITY C ONSULTATION: Community consultation must be undertaken if this amendment is initiated and certified by Council in accordance with the Act. At that time, the public will have an opportunity to comment on the proposed amendment. Any comments received will be reported to Council at the conclusion of the exhibition period, where any potential modifications will be considered.

POLICY/STRATEGIC IMPLICATIONS: Council’s Strategic Plan has a strategic outcome pertaining to both -

3.0 Land Use, Development and Building; and

4.0 Community, Safety, Engagement and Enterprise. This has been discussed above, and the development is considered in keeping with these outcomes. Council must have regard to the State Policies which are discussed above.

BUDGET AND FINANCIAL IMPLICATIONS: Not applicable

RISK/LIABILITY: Not applicable

VOTING REQUIREMENTS: Simple Majority

Council can either initiate or not initiate the request to amend the planning scheme. If initiated, Council may also certify the draft amendment in its current form or amend it for certification under Section 34 (1)(b) of LUPAA.

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OFFICER’S RECOMMENDATION It is recommended that under section 35 of LUPAA, the following amendment to the Flinders Planning Scheme 1994 be initiated and certified as being in accordance with Section 32:

• Amend Sheet 2 and Sheet 3 of the Flinders Planning Scheme Maps to Remove a Buffer/Attenuation Area from the following titles: CT:208472/1, CT:111999/1, CT:111999/3, CT: 111999/4, CT: 226995/1, CT: 243450/1, and Crown Land (Darling Ranges Conservation Area).

The Council will now conclude its meeting as a Planning Authority under Section 25 of the Local Government (Meeting Procedures) Regulations 2005.

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B. NOTICE OF MOTIONS Item B1: Notice of Motion from Carol Cox – Appointment of Committee

Representative

ACTION Decision PROPONENT Councillor Cox (Chair of the Furneaux Group

Shipping Special Committee) OFFICER Raoul Harper, General Manager FILE REFERENCE COM/0403 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That Mr John Johnston be appointed forthwith to replace Mr Garth Smith as the Tasports representative on the Furneaux Group Shipping Special Committee of Flinders Council. COUNCILLOR’S REPORT: At the meeting of the Furneaux Shipping Special Committee held on 6th August 2013 the Committee members recommended that, at the request of Tasports, Mr John Johnston be accepted as the Tasports representative on the Committee to replace Mr Garth Smith. It is now requested that Council ratify this change. The unconfirmed minutes of the 6th of August meeting have been presented with this Council Meeting Agenda and have been confirmed by one other committee member. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORT: The motion is supported. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5. Corporate Governance and Intergovernmental Relations

5.1 Support the capacity and productivity of our organisation and a culture of professionalism, compliance, innovation and service.

5.1.4 Provide best practice management and administrative support to Council decision making, implementation and evaluation.

BUDGET AND FINANCIAL IMPLICATIONS: Nil

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RISK/LIABILITY: Nil VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: The motion is supported.

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Item B2: Notice of Motion from Mayor Carol Cox – Road Speed Limits

ACTION Decision PROPONENT Mayor Carol Cox OFFICER Raoul Harper, General Manager FILE REFERENCE WOR/1600 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: 1. That Council responds to the Minister for Infrastructure, The Hon David

O’Byrne MP congratulating him on not changing the default speed limit on sealed rural roads in Tasmania and for the introduction of a major education campaign.

2. That Council also advise the Minister that it does not support the reduction of the default speed limit on all gravel roads to 80 kmh, but that the major education campaign should include points on how to drive safely on gravel roads.

COUNCILLOR’S REPORT: On the 25th August, Council received a letter from Minster David O’Byrne confirming that the default speed limit on rural roads, state-wide, will not be reduced from 100kmh to 90kmh as proposed. Council proposed in motion 314.10.2012 to have the sealed roads in this Municipality put forward to keep the 100kmh default speed limit and whilst the roads did not meet all the physical specifications for shoulder sealing and line marking the crash rate measure on the roads was extremely low with one road having a zero rating. Thus I ask Councillors to support informing Minister O’Byrne that this Council is in agreement with his decision to maintain the default speed limit on these roads at 100kmh. The same letter confirmed that other elements of the Safer Non Urban Road Network Strategy (the Strategy) including lowering the speed limit on gravel roads from 100kmh to 80kmh would be maintained. I consider this to be unnecessary in this community and put this notice of motion forward to seek support from my fellow Councillors. As a Municipality with a large proportion of gravel roads, roads that in general are well maintained and often with long straight stretches and little traffic, I suggest that the reduction of the default speed limit by 20kmh on gravel roads is being overly cautious to the detriment of island residents. The well-educated driver knows that road conditions and driving conditions change with weather and the time of day and adjust their speed to the conditions.

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I ask Councillors to consider if they do not support maintaining the current default speed limit on gravel roads at 100kmh to consider advising the Minister that reduction of the default Speed limit by 10kmh to 90kmh is a better approach than a reduction of 20kmh. PREVIOUS COUNCIL CONSIDERATION: 314.10.2012 18th October 2012 OFFICER’S REPORT: The report and argument put forward by the Mayor in support of the Motion at hand is logical and reflective of the low to very low crash and accident statistics that are applicable to the gravels road network on Flinders Island. The motion is supported. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate, Governance and Intergovernmental Relations


5.1.4 Achieve the optimum balance of internal and external skills and services.

BUDGET AND FINANCIAL IMPLICATIONS: Not applicable RISK/LIABILITY: Low VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: 1. That Council responds to the Minister for Infrastructure, The Hon David

O’Byrne MP congratulating him on not changing the default speed limit on sealed rural roads in Tasmania and for the introduction of a major education campaign.

2. That Council also advise the Minister that it does not support the reduction of the default speed limit on all gravel roads to 80 kmh, but that the major education campaign should include points on how to drive safely on gravel roads.

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Item B3: Notice of Motion from Deputy Mayor David Williams – Resignation of Special Committee Representative

ACTION Decision PROPONENT Deputy Mayor David Williams OFFICER Raoul Harper, General Manager FILE REFERENCE FIN/1300 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That council accepts the resignation of Ms Sue Cimino from the Audit & Finance Special Committee and puts in place the procedures to find a replacement. COUNCILLOR’S REPORT: The Audit & Finance Special Committee has received a letter of resignation from Sue Cimino who has left the island and, given the State requirements for Audit & Finance Committees, Council needs to find a replacement in due course. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORT: The motion is supported. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5. Corporate Governance and Intergovernmental Relations


5.1.3 Achieve a sustainable balance of income, investment and recurrent expenditure.

BUDGET AND FINANCIAL IMPLICATIONS: Nil RISK/LIABILITY: Nil VOTING REQUIREMENTS: Simple Majority

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OFFICER’S RECOMMENDATION: That Council accepts the resignation of Ms Sue Cimino from the Audit and Finance Special Committee and directs the General Manager to call for suitably qualified people to nominate for the vacant position on the Committee.

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Item B4: Notice of Motion from Cr Mark Cobham –Furneaux (Emita) Hall & Recreation Ground Special Committee

ACTION Decision PROPONENT Councillor Marc Cobham OFFICER Raoul Harper, General Manager FILE REFERENCE AME/0502 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That Council formally ratifies the Furneaux (Emita) Hall & Recreation Ground Special Committee as elected at the Annual General Meeting held on 9th July 2013. COUNCILLOR’S REPORT: At the recently held AGM for the Emita Hall Committee the following people were elected for the following 12 months as Committee Members. Minutes from the meeting were included in the August 2013 Council Meeting Agenda.

• Elected Secretary- Mel Telfer • Elected Treasurer- Helen Carnell • Elected Committee members are Patricia Barrett, Bill Cook, Robin Cook,

David Dunn, Jon Hizzard, Kate Mooney, Leanne Pickett, Michael Sherriff, Tracey Stackhouse and Rosemary Walker.

PREVIOUS COUNCIL CONSIDERATION: Considered annually as required. OFFICER’S REPORT: The Special Committees of Council Policy states that the procedure for nominating a person to be a member of a Special Committee of Council is formed pursuant to Section 24 of the Local Government Act 1993 and that recommendations made by the Special Committee regarding the nomination of members shall be considered at an ordinary meeting of Council. The motion is supported. STATUTORY REQUIREMENTS: Local Government Act 1993 POLICY/STRATEGIC IMPLICATIONS: 5.0 Corporate Governance and Intergovernmental Relations


BUDGET AND FINANCIAL IMPLICATIONS: Nil

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RISK/LIABILITY: Nil VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council formally ratifies the Furneaux (Emita) Hall & Recreation Ground Special Committee as elected at the Annual General Meeting held on 9th July 2013.

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Item B5: Notice of Motion from Cr Gerald Willis – Change to Citizens Awards Guidelines

ACTION Decision PROPONENT Councillor Gerald Willis OFFICER Raoul Harper, general Manager FILE REFERENCE PUB/0800 ASSOCIATED PAPERS Nil

NOTICE OF MOTION: That the Flinders Council delete the words “The nomination must be signed by the nominee, indicating agreement to participate in the Citizens Awards” from paragraph number 8 of the guidelines for the Flinders Council Citizens Awards 2013 as placed on the council’s web site and insert the words “Nominations are to be considered prior to consent being sought from any person nominated, but consent must be sought from any person chosen by the Citizens Awards Committee before any announcement of that person as winner is made. Should a person not agree to being named as winner of a Citizens Awards the Citizens Awards Committee shall reconsider other nominations, if any.” COUNCILLOR’S REPORT: I have included an extract of the council’s web site located in News/Citizens Awards 2013 as a reference.

The guidelines, as they currently stand, require consent from a person who is considered a contender for the Citizens Awards before a nomination can be considered. I believe the consent should not be sought before a nomination is considered, but rather after the Citizens Awards Committee has identified an individual to be worthy of an award.

Many residents do not want a fuss made about the work they have done in the community and do not actively seek recognition. They would rather be told they have been chosen as an award winner rather than enter what they perceive to be a competition.

In the not so hypothetical case where a resident gives consent for a nomination to be made and then is not awarded a Citizens Awards the resident would be rather reticent in agreeing for their name to be presented in subsequent years.

To ask a resident for their consent before lodging a nomination is like putting the cart before the horse. It is far better to choose to make an award to a resident and then seek their consent. The current method is fine provided a person agrees to being nominated and subsequently is selected. However, the alternative of agreeing to be nominated and not being selected is demeaning and shows little

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consideration for the feelings of individuals. It is time we changed the process for the Flinders Council Citizens Awards.

Flinders Council Citizens Awards 2013 Nomination forms are available from the Council Office or below for people wishing to nominate an individual for the Flinders Council Citizens Awards.

Nominations can be made in the following categories: Citizen Award; Young Citizen Award (aged 16 – 25); Sports Award. Awards will be presented at the Flinders Island Show on 18th October 2013.

Please submit your nomination to the Council Office by close of business 30th August 2013.

Guidelines are as follows:

1. An individual nomination is only to be received from individuals not organisations;

2. Citizens Awards Committee to submit recommended nominations to Council for endorsement. Council cannot veto recommendations/s of Committee;

3. Presentation of Awards on Show Day by Mayor or his/her nominee;

4. Names to be displayed on a Citizens Honour Board displayed in the Flinders Arts & Entertainment Centre;

5. A Citizens Award Certificate is to be presented to the Council endorsed nominee/s in a frame;

6. Composition of the Citizens Awards Committee to be determined by Council from time to time. Appropriate proxy representations to be determined by Council if Councillor is nominated or cannot attend a meeting of Committee.

7. The Committee may at its discretion, for special cases, chose a Special Award for outstanding services to the community if it so chooses.

8. The nomination must be signed by the nominee, indicating agreement to participate in the Citizens Awards.

PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORT: To date, no other complaints relating to the guidelines and process for the Citizens Awards have been made to Council or Officers and as such the Motion at hand is without any previous consideration. The points made by Cr Willis in the associated report are well considered and if supported would make a minor but possibly important change to the guidelines and encourage greater community engagement with the award itself.

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Ultimately the elected member group directs the process put in place for the Citizens Awards. Officers have no predisposed position in relation to the motion at hand and simply follow the guidelines that are in place at any given time. As no formal policy exists, any change can simply be made by the consensus of the elected member group that would then be applied to next year’s process. If agreed, it is recommended that the process for nominations be called 120 days before the gazetted date of Show Day (one month earlier) to allow sufficient time for the Citizens Awards Committee to consider nominations and who would be granted the award as the process proposed does have the potential to require consideration multiple times if the proposed award winner does not agree to the granting of such. STATUTORY REQUIREMENTS: Nil POLICY/STRATEGIC IMPLICATIONS: 4. Community Safety, Engagement and Enterprise

4.3 Maintain and develop productive, constructive relationships with the community and organisations involved in delivery of strategic services and activities in the islands.

4.3.1 Engage with, as necessary support and integrate into Flinders Council plans key community based service providers.

4.3.1.3 Coordinate advertising and administration of the Citizens Awards program.

BUDGET AND FINANCIAL IMPLICATIONS: Minimal. If Council were to make changes to the process as outlined in the motion presented it would not expose Council to any further costs than are currently allocated. RISK/LIABILITY: Low VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Citizens Awards guidelines be amended by deleting the following: “The nomination must be signed by the nominee, indicating agreement to participate in the Citizens Awards” and replacing with: “Nominations are to be considered prior to consent being sought from any person nominated, but consent must be sought from any person chosen by the Citizens Awards Committee before any announcement of that person as winner is made. Should a person not agree to

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being named as winner of a Citizens Award the Citizens Awards Committee shall reconsider other nominations, if any.”

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C. CORPORATE SERVICES Item C1: Risk Management Framework

ACTION Decision PROPONENT Council Officer OFFICER Kim Hossack, Corporate Services Manager FILE REFERENCE FIN/1003, FIN/0300 & LEG/0700 ASSOCIATED PAPERS Annexure 4: Flinders Council Risk Management

Framework INTRODUCTION: Flinders Risk Management Framework (which includes Flinders Council’s Risk Management Policy), provides the structure that contains the processes needed to direct resources and influence behaviour within Flinders Council for effective risk management. It is designed to facilitate the achievement of Council’s objectives through the timely management of both opportunities and adverse effects encountered in the environment in which Flinders Council operates. The Framework and Policy documents are founded on principles which are current industry best practice; in particular they draw influence from the Australian and New Zealand ISO Standard on Risk Management (AS/NZ ISO 31000:2009); and are designed to provide the structure for all risk management activity undertaken within Flinders Council, from individual functional, process or project based risk assessments to overall organisational performance risk assessments. PREVIOUS COUNCIL CONSIDERATION: Nil OFFICER’S REPORT: Presently Flinders Council’s application of risk management is immature in that it has no formal or structured risk management process in place. Although there is awareness of the benefits of managing risk, the application of risk management is mostly done at an operational level and is not entirely integrated at all levels of Flinders Council’s organisation. The purpose of implementing Flinders Council’s Risk Management Framework is to develop a culture, processes and structures that are directed towards the most effective utilisation of available resources and the management of risks that may present potential adverse effects and opportunities to the strategic, operational and project functions and objectives of Flinders Council. Implementation is also designed to reduce the potential cost of risks from adverse incidents by reducing liability, litigation, exposure to loss and to mitigate and control loss.

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STATUTORY REQUIREMENTS: Local Government Act 1993 Risk Management AS/NZS ISO 31000:2009 Work Health & Safety Act 2012 (Tasmania) Work Health & Safety Regulations 2012 (Tasmania) POLICY/STRATEGIC IMPLICATIONS: Strategic Plan 2011 (all areas) Asset Management Policy Risk Management Policy Workplace Health & Safety Policy BUDGET AND FINANCIAL IMPLICATIONS: Currently within the 2013-14 Budget, risk management is included as part of operational costs under Corporate Services. The introduction of the proposed Risk Management Framework will increase costs across all areas within the Budget both within operational and capital expenditure. In the long term, Risk Management will become an integral part of the budgeting process. RISK/LIABILITY: Reducing exposure to risk and liabilities is a critical function of Council. Failure to maintain appropriate standards and legal requirements both in a workplace and for community owned infrastructure, could have significant long term implications for the future financial sustainability of Council. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council adopts the Flinders Council Risk Management Framework as Council’s long term strategy for addressing Risk Management within the organisation.

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D. GOVERNANCE DEPARTMENT Item C1: Voluntary Deregistration of Tasmanian Water and Sewerage

Corporation (Northern Region)

ACTION Decision PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE WAT/0300 ASSOCIATED PAPERS Nil

INTRODUCTION: The Boards of TasWater and the original water and sewerage corporations have adopted a plan to deregister the four original corporations as dormant companies, now that the new statewide corporation is operational and trading. PREVIOUS COUNCIL CONSIDERATION: 219.05.2007 17th May 2007 27.01.2008 17th January 2008 85.02.2008 21st February 2008 305.08.2007 17th July 2008 355.08.2008 21st August 2008 433.10.2008 9th October 2008 56.02.2009 19th February 2009 274.10.2011 21st October 2011 275.10.2011 21st October 2011 366.12.2012 13th December 2012 OFFICER’S REPORT: As at 30th June 2013, the original corporations transferred their assets, rights, liabilities and employees to TasWater under the Water and Sewerage Corporation Act 2012 and surrendered their individual operating licences under the Water & Sewerage Industry Act 2008. In essence, the original corporations are no longer trading. The simplest option for the current water corporations is to have them deregistered as dormant companies. Deregistering the corporations, rather than adopting other options, also means that the Board can attend to the process rather than having to appoint and pay a Liquidator for each business. This matter was discussed at the General Meeting of TasWater in May 2013 and the meeting noted the intention to proceed on this basis.

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Corporations Law and the Australian Securities and Investments Commission (ASIC) prescribe particular actions to deregister companies. While the Board will attend to these matters generally, one of the requirements is that ALL owner councils in each region agree to deregister their respective Corporation. It is appropriate now to recommend that Council formally resolves to deregister the Corporation and formally writes to the Corporation informing them of such. STATUTORY REQUIREMENT: Water & Sewerage Corporation Act 2012 Water & Sewerage Industry Act 2008 POLICY/STRATEGIC IMPLICATIONS: 2. Infrastructure – Efficient and reliable infrastructure that supports and protects production, services and lifestyle.

2.3 Lobby utility and access providers to meet obligations for infrastructure policy and service provision to provide for relative equity.

2.3.1 Develop base positions, identify key players, lobby and as necessary respond to opportunities and incidents.

BUDGET AND FINANCIAL IMPLICATIONS: Voluntary deregistration would have no budgetary impact on Council. RISK/LIABILITY: Low. The deregistration simply formalises the transfer of assets, rights, liabilities and employees from the previous entity to TasWater under the Water and Sewerage Corporation Act 2012 and surrenders the individual operating licence under the Water & Sewerage Industry Act 2008. No risk is perceived from supporting voluntary deregistration as proposed. VOTING REQUIREMENTS: Absolute Majority OFFICER’S RECOMMENDATION: That Council, being a member of Tasmanian Water and Sewerage Corporation (Northern Region) Pty Limited (the ‘Company’), hereby agree that as the Company is not carrying on business, that the Company apply to the Australian Securities and Investments Commission for voluntary deregistration.

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Item C2: 2014 Australian Small Islands Forum

ACTION Decision PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE PUB/0600 ASSOCIATED PAPERS Nil

INTRODUCTION: In April 2012, Lord Howe Island developed and hosted the first Australian Small Islands Forum (ASIF). It was successful in bringing together 80-90 representatives from twenty plus small islands to share information, experiences and knowledge and consider how to work in a more collective fashion. At the June 2013 Ordinary Council Meeting, Council agreed to explore the practicality and potential costs of hosting the next Australian Small Islands Forum (ASIF) on Flinders Island between May and October of 2014. Furthermore at the August 2013 Ordinary Council Meeting the following resolution was passed:

614.08.2013 Moved: Cr M Roberts Seconded: Cr R Wise 2) That Council directs an application be made to the ASIF Steering

Committee to hold the Forum on Flinders Island for 3 days at a date to be determined in 2014.

3) That if the application is supported by ASIF, the General Manager provides a report to Council on the Annual Plan revisions required, prior to Council confirming commitment to hosting the Forum.

CARRIED (6-1)

For: Mayor C Cox, Deputy Mayor D Williams, Cr M Cobham, Cr M Roberts, Cr G Willis and Cr R Wise.

Against: Cr P Rhodes.

The following report outlines the 2013-14 Annual Plan revisions required to facilitate the event and should as such provide the basis for Council to confirm its commitment to hosting the forum. PREVIOUS COUNCIL CONSIDERATION: 558.06.2013 20th June 2013 614.08.2013 15th August 2013 OFFICER’S REPORT: As outlined in the report provided to Council at the August Ordinary Meeting, taking the next step and committing to holding the ASIF event has the potential to create major challenges at a staffing level and does carry a level of financial risk.

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The existing Annual Plan does not include any actions or activity that relate to holding the forum nor does our budget have any allocation of funds specific to the event (beyond the exploration and scoping phase now complete). Council has now directed Officers to provide an outline of the tasks and actions that would require revision, deletion or deferment to support holding the event. What follows are the suggested changes required: ANNUAL PLAN 2013/2014 Deferred Actions (or revisions) to include:

2. Infrastructure - Efficient and reliable infrastructure that supports and protects production, services and lifestyle.

2.1 Identify infrastructure objectives, standards for assets and develop a viable, asset lifecycle management and operational model.

2.1.2 Review community facility portfolio with the view of developing a profile that matches contemporary and emerging needs. • 2.1.2.5 Explore the provision of drinking water/bottle filling

stations at Whitemark and Lady Barron and provide a report to Council on establishment and operational costs associated. (DEFERRED)

• Whitemark Foreshore: Collaborate with the Parks & Wildlife Service (PWS), Landcare, Natural Resource Management (NRM) North and other community groups and individuals to create further community facilities on the Whitemark foreshore such as the Exersite gym equipment and extension of the Bluff Track so to further encourage access to health promotion activities; and the development of the barbeque area to assist to build further social inclusion and engagement. (Revise to: Facilitate the demolition of the “Opera House”, the establishment of the new BBQ and Excersite equipment on the Whitemark Foreshore)

4. Community Safety, Engagement and Enterprise - Through positive Council-Community partnerships, enhance people’s security, inclusion and well-being.


4.3.2 Build civic engagement and increase civic pride through evidence based research, agreed events, programs and improved communication with the community. • 4.3.2.9 Event Policy: Assist to develop an event policy for

community organisations and individuals that gives a clear direction of relevant compliance and policy when putting on community events so as to assist in encouraging a greater number

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of events on the islands. (DEFERRED) • 4.3.2.4 Council Community Communication Strategy: Develop a

council communication strategy that clearly identifies the role of the Council, staff (including the role of the Community Development Officer) within the community and can be clearly communicated. This will include the projected tools, internal and external strategic directions that will align with other Council departments. (DEFERRED)

• 4.3.2.3 Develop and implement a Community-wide Volunteer Strategy. (Revised to - Undertake a series of Volunteer Induction Workshops)

5. Corporate Governance and Intergovernmental Relations - decisions are professionally and transparently made, communicated and implemented to achieve defined outcomes in the interest of the community.


5.1.1 Design and implement an integrated governance; strategic and operational planning & service delivery system. • 5.1.1.7 Review current records management practices and

develop new procedures that are compliant with legislative requirements. Oversee implementation of recommendations. (DEFERRED)

• 5.1.1.9 Develop and implement communication and social media procedures and policies to ensure accurate, effective and compliant communications to key stakeholders. (DEFERRED)

5.2 Develop and maintain an influential network of external stakeholders who understand the needs and direction of Flinders Council and are supportive.

5.2.1 Identify key external stakeholders and decision makers and actively introduce Flinders opportunities, issues and proposals to them in a timely and professional manner. • 5.2.1.1 Assist with the implementation of Council’s

Communication Strategy within Council and the community. (DEFERRED)

A key area for Council direction is the work proposed around preparing for the “all in all out” election, a revised and enhanced Councillor Induction process, and the Furneaux Vision Campaign that will be available to all community members to have input into the development of the new Council Strategic Plan in 2014/2015 post the election. This is proposed to be a substantial piece of work that would be very challenging to deliver if deferred until early 2014/2015. That said, if the ASIF is to be held then Council does not have the staff or contractor capacity to develop and

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deliver this project and also develop and manage the Flinders Brand Working Group. It is recommended that the brand working group action be deferred until the 2014/2015 financial year to allow for the development of Furneaux Vision and Councillor Induction work to be undertaken this year.

6. Furneaux Future - A thriving, self-reliant community offering opportunities for current and following generations while maintaining core values and attributes.

6.2 Achieve high recognition of a “Flinders” brand to support population growth, product sales, business development and investment, tourism and lobbying.

6.2.1 Support increased brand recognition and communications. • 6.2.1.2 Develop and manage the Flinders Island Brand Working

Group with industry and interested community members. Prepare a project brief and seek Council support for specific brand projects to deliver a Singular Flinders Island Brand in 2014/2015. (DEFERRED)

Staff have had a series of discussions with Mike Pickford in relation to the date proposed for the event and a revised date is now put forward for Council consideration. May 20th – 22nd is the preferred date for the event management group and issues around securing sponsorship and Government support have substantially been allayed through the discussions held. Mr Pickford is adamant that the event should be held at a time when the weather is still warm to ensure those from northern Australian islands (and others) see Flinders in its best light. To hold the event in the off season or the colder shoulder season of spring holds significant risk from his perspective. In discussions with the staff proposed to deliver the event, there is a consensus that despite the now very short timeframe the event can be delivered to a high standard. The 2013-14 Annual Plan revisions and the proposed date are recommended for approval. STATUTORY REQUIREMENT: Nil POLICY/STRATEGIC IMPLICATIONS: 6.0 Furneaux Future

6.2 Achieve high recognition of a “Flinders” brand to support product sales, tourism and lobbying.

6.2.1 Develop a strong Flinders Brand to position the Furneaux Group in the community, market and government.

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BUDGET AND FINANCIAL IMPLICATIONS: The scoping report provided with the previous agenda item in August outlines an overall budget for the event. Some assumptions provided are untested and ultimately the financial success or otherwise of holding the event on Flinders is reliant on a series of factors that are outside of Council’s direct control. Funds and staff time allocated to specific tasks within the existing 2013-14 Annual Plan will be reassigned to support the event being held via the revisions proposed and outlined in this report. RISK/LIABILITY: Moderate. The ASIF event could expose Council to the potential of lost revenue if the assumptions provided in the scoping report prove unachievable. The reallocation of staff effort and time will impede core service delivery. VOTING REQUIREMENTS: Absolute Majority OFFICER’S RECOMMENDATION: 1) That Council directs the following actions from the Flinders Council Annual Plan

2013/2014 be deferred or revised to support holding the Australian Small Islands Forum on Flinders Island:

2. Infrastructure - Efficient and reliable infrastructure that supports and protects production, services and lifestyle.

2.1 Identify infrastructure objectives, standards for assets and develop a viable, asset lifecycle management and operational model.

2.1.2 Review community facility portfolio with the view of developing a profile that matches contemporary and emerging needs. • 2.1.2.5 Explore the provision of drinking water/bottle filling

stations at Whitemark and Lady Barron and provide a report to Council on establishment and operational costs associated (DEFERRED)

• Whitemark Foreshore: Collaborate with the Parks & Wildlife Service, Landcare, Natural Resource Management (NRM) North and other community groups and individuals to create further community facilities on the Whitemark foreshore such as the Exersite gym equipment and extension of the Bluff Track so to further encourage access to health promotion activities; and the development of the barbeque area to assist to build further social inclusion and engagement. (Revise to: Facilitate the demolition of the “Opera House”, the establishment of the new BBQ and Excersite equipment on the Whitemark Foreshore)

4. Community Safety, Engagement and Enterprise - Through positive Council-Community partnerships, enhance people’s security, inclusion and well-being.

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4.3.2 Build civic engagement and increase civic pride through evidence based research, agreed events, programs and improved communication with the community.

• 4.3.2.9 Event Policy: Assist to develop an event policy for community organisations and individuals that gives a clear direction of relevant compliance and policy when putting on community events so as to assist in encouraging a greater number of events on the islands. (DEFERRED)

• 4.3.2.4 Council Community Communication Strategy: Develop a Council Communication Strategy that clearly identifies the role of the Council, staff (including the role of the Community Development Officer) within the community and can be clearly communicated. This will include the projected tools, internal and external strategic directions that will align with other Council departments. (DEFERRED)

• 4.3.2.3 Develop and implement a Community-wide Volunteer Strategy (Revised to - Undertake a series of Volunteer Induction Workshops)

5. Corporate Governance and Intergovernmental Relations - decisions are professionally and transparently made, communicated and implemented to achieve defined outcomes in the interest of the community.


5.1.1 Design and implement an integrated governance; strategic and operational planning & service delivery system.

• 5.1.1.7 Review current records management practices and develop new procedures that are compliant with legislative requirements. Oversee implementation of recommendations. (DEFERRED)

• 5.1.1.9 Develop and implement communication and social media procedures and policies to ensure accurate, effective and compliant communications to key stakeholders. (DEFERRED)

5.2 Develop and maintain an influential network of external stakeholders who understand the needs and direction of Flinders Council and are supportive.

5.2.1 Identify key external stakeholders and decision makers and actively introduce Flinders opportunities, issues and proposals to them in a timely and professional manner.

• 5.2.1.1 Assist with the implementation of Council’s

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Communication Strategy within Council and the community. (DEFERRED)

6. Furneaux Future - A thriving, self-reliant community offering opportunities for current and following generations while maintaining core values and attributes.

6.2 Achieve high recognition of a “Flinders” brand to support population growth, product sales, business development and investment, tourism and lobbying.

6.2.1 Support increased brand recognition and communications. • 6.2.1.2 Develop and manage the Flinders Island Brand Working

Group with industry and interested community members. Prepare a project brief and seek Council support for specific brand projects to deliver a Singular Flinders Island Brand in 2014/2015. (DEFERRED)

2) That the existing budget allocations and staff time associated with the deferred

and/or revised actions proposed be reallocated to the following: 4. Community Safety, Engagement and Enterprise - Through positive Council-Community partnerships, enhance people’s security, inclusion and well-being.


4.3.2 Build civic engagement and increase civic pride through evidence based research, agreed events, programs and improved communication with the community.

• 4.3.2.8 Explore and provide recommendations to Council on Flinders delivering the Australian Small Islands Forum in 2014. REVISED to read “4.3.2.8 Council delivers the Australian Small Islands Forum in 2014”

3) Council directs an application be made to the Australian Small Islands Forum

Steering Committee to hold the forum on Flinders Island for 3 days from the 20th – 22nd May 2014.

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Item D3: Councillor Resolution Report

ACTION Information PROPONENT Council Officer OFFICER Raoul Harper, General Manager FILE REFERENCE COU/0600 ASSOCIATED PAPERS Annexure 5: Councillor Resolution Report

September 2013 INTRODUCTION: This report identifies the actions taken and actual costs associated with implementing resolutions passed by Elected Members up to September 2013. PREVIOUS COUNCIL CONSIDERATION: The report is presented on a monthly basis. OFFICER’S REPORT: Please read Annexure 5 – Councillor Resolution Report September 2013. VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That the Councillor Resolution Report September 2013 be noted.

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E. CLOSED CLOUNCIL Item E1: Closed Council Item – Information provided to the Council on

the condition it is kept confidential

ACTION Decision PROPONENT Council Officer OFFICERS Raoul Harper, General Manager FILE REFERENCE PUB/0800 ASSOCIATED PAPERS Annexure 6 – 8: For Elected Members only

PREVIOUS COUNCIL CONSIDERATION: Nil REASON FOR CLOSED COUNCIL: This item is CONFIDENTIAL in accordance with Section 15(2)(e) of the Local Government (Meeting Procedures) Regulations 2005, which permits the meeting to be closed to the public for business relating to the following:

(f) Information provided to the Council on the condition it is kept confidential

VOTING REQUIREMENTS Absolute Majority OFFICER’S RECOMMENDATION: That Council move into Closed Council. Meeting Closed

agenda ordinary council meeting - flinders council · 9/19/2013 · the discovery of lead levels...

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