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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 1 of 99 AGENDA ORDINARY MEETING OF COUNCIL 15 APRIL 2016 Notice of Meeting The next Ordinary Meeting of the Shire of Mount Magnet will be held on Friday 15 April 2016 in Council Chambers commencing at 1:00pm. Warren Olsen Chief Executive Officer 8 April 2016 Disclaimer No responsibility whatsoever is implied or accepted by the Shire of Mount Magnet for Any act, omission, statement or intimation occurring during this meeting. It is strongly advised that persons do not act on what is heard at this meeting and should only rely on written confirmation of Council’s decision provided within fourteen (14) days of this meeting.

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Page 1: AGENDA ORDINARY MEETING OF COUNCIL 15 APRIL 2016 · 2016-04-15 · Agenda for the Ordinary Meeting of Council_19 February 2016 Page 3 of 99 Shire of Mount Magnet Agenda for the Ordinary

Agenda for the Ordinary Meeting of Council_19 February 2016 Page 1 of 99

AGENDA ORDINARY MEETING OF COUNCIL

15 APRIL 2016

Notice of Meeting The next Ordinary Meeting of the Shire of Mount Magnet will be held on Friday 15 April 2016 in Council Chambers commencing at 1:00pm.

Warren Olsen Chief Executive Officer 8 April 2016

Disclaimer No responsibility whatsoever is implied or accepted by the Shire of Mount Magnet for Any act, omission, statement or intimation occurring during this meeting. It is strongly advised

that persons do not act on what is heard at this meeting and should only rely on written confirmation of Council’s decision provided within fourteen (14) days of this meeting.

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TABLE OF CONTENTS

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ........................ 3

2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (PREVIOUSLY APPROVED) ......................................................................................... 3

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................ 3

4. PUBLIC QUESTION TIME ............................................................................................. 3

5. APPLICATIONS FOR LEAVE OF ABSENCE .............................................................. 3

6. DEPUTATIONS / PRESENTATIONS / SUBMISSIONS............................................... 3

7. CONFIRMATIONS OF MINUTES OF PREVIOUS MEETINGS ................................. 3

7.1 Minutes of the Ordinary Meeting held on 18 March 2015 ................................. 3

8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION ............ 3

9. PETITIONS....................................................................................................................... 3

10. DECLARATIONS OF INTERESTS ................................................................................ 3

11. BUSINESS DEFERRED FROM PREVIOUS MEETINGS ............................................ 3

12. REPORTS ......................................................................................................................... 4

12.1 Actions from Council Decisions ......................................................................... 4 12.2 Review of Delegations of Authority to CEO ...................................................... 9 12.3 Roads to Recovery Works Program 2016 ......................................................... 45 12.4 Works Manager's Report to 15 April 2016 ....................................................... 47 12.5 Accounts for Payment to 31 March 2016 ......................................................... 49 12.6 Financial Activity Statement to 31 March 2015 ............................................... 52 12.7 Expired Lease at 79 Hepburn Street – Wirnda Barna Artists Inc ..................... 84 12.8 Murchison Region Local Government Economic Development

Workshop .......................................................................................................... 88 12.9 Statistics for Information Only ......................................................................... 92

13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............................ 99

14. NOTICE OF MOTIONS FOR NEXT MEETING ......................................................... 99

15. CONFIDENTIAL BUSINESS........................................................................................ 99

15.1 CEO Performance Review ................................................................................ 99

16. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING .............. 99

17. ELECTED MEMBER MATTERS ................................................................................. 99

18. NEXT MEETING ........................................................................................................... 99

19. CLOSURE OF MEETING ............................................................................................. 99

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Shire of Mount Magnet Agenda for the Ordinary Meeting of Council - 15 April 2016 at 1:00pm.

Council Chambers, 90 Hepburn Street, Mount Magnet

Preamble "The Mount Magnet Shire Council embraces the Heritage of the land on which we meet. Council pays respect to the Elders and Ancestors of this land. Council acknowledges the

Culture forever embedded with the Custodians of this Country"

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (PREVIOUSLY APPROVED) Cr Carole Minney was granted leave for the April meeting.

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

4. PUBLIC QUESTION TIME

5. APPLICATIONS FOR LEAVE OF ABSENCE

6. DEPUTATIONS / PRESENTATIONS / SUBMISSIONS

7. CONFIRMATIONS OF MINUTES OF PREVIOUS MEETINGS

7.1 Minutes of the Ordinary Meeting held on 18 March 2015

OFFICER RECOMMENDATION

Moved: Seconded: That the minutes of the Ordinary Meeting held on 18 March 2016 as circulated be confirmed as a true and correct record of proceedings. CARRIED/LOST

8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION

9. PETITIONS

10. DECLARATIONS OF INTERESTS

11. BUSINESS DEFERRED FROM PREVIOUS MEETINGS

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12. REPORTS

12.1 Actions from Council Decisions

Officer: Chief Executive Officer, Mr Warren Olsen

Amended By: Nil

Disclosure of Interest: Nil Meeting Date: 15 April 2016 Matter for Consideration To receive information on the status of actions arising from Council decisions. Background The report tracks and reports on what the officers are doing to implement the decisions of the Council. Comment The table for the most recent Council meeting (in this case, March 2016) has an entry for every decision at that meeting. The tables relating to previous Council meetings include only those matters have not been previously reported as being finally completed. As the actions relating to each Council decision are completed and finally reported back to the Council, that item is deleted from the table. Policy Implications Nil. Financial Implications Nil. Strategic Implications Nil. Voting Requirements Simple Majority

OFFICER RECOMMENDATION

Moved: Seconded: That the Chief Executive Officer’s report on actions arising from Council decisions be received, and the information be noted.

CARRIED/LOST

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Actions Table: February 2016 Council meeting

What Where When How Why Who

Waive 75% of Commercial

refuse charges:

1. Write to Mr

Kennedy

2. update accounts

3. write to other

affected property

owners

Assessment numbers

A18, A19, A20, A22,

A324, A335, A336,

A460, A424.

At the earliest

convenience

1. By letter

2. In system

3. By letter

Resolution no. 2016-

003

1. CEO

2. Finance

Manager

3. Finance

Manager /

CEO Status: Letter sent to Mr Kennedy on 21 February 2016 [document no. 3681]; Finance manager has adjusted charges in system, and the affected ratepayers have received

amended notices.

Request Main Roads WA to

install stop sign

at Wallace Street

intersection with GNH

At earliest

convenience

Email to Peter Herbert Discussion of Works

Manager’s report (p.6

of minutes)

CEO

Status: Request sent to MRWA on 6 March 2016 [document no. 4276] Still awaiting response

Investigate solar lighting

and entry statement

At airport For 2016-2017 budget Discussion of Works

Manager’s report (p.6

of minutes)

Works Manager

Status: Pending

Investigate state of street

lighting

Around the town As soon as possible Drive around at night

Map

Discussion of Works

Manager’s report (p.6

of minutes)

CEO

Status: Pending; Cr Minney has kindly offered to assist

Fill grader operator position As soon as possible Discussion of Works

Manager’s report (p.6

of minutes)

CEO

Status: Position filled by Mr Des O’Brien

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What Where When How Why Who

1. Send letter to

applicants for bed-and-

breakfast development

2. Prepare required

notices

Lots 80 and 81 Laurie

Street

1. As soon as

possible

2. During next visit

1. By letter

2. In consultation

with CEO

Resolution no. 2016-

009

1. CEO

2. EHO

Status: Letter was sent to the applicants on 26 February 2016 [document number 3974]. Letters were sent to affected landowners on 23 March 2016 [document no.s 4905-4909]

and a notice [document no. 4675] was posted at the property. A public notice [document no. 4900] was published in the Geraldton Guardian on 22 March 2016. Public

submissions closed on 6 April 2016 - a report will be presented to the May Council meeting.

Obtain estimates for 3 entry

statements in accordance

with resolution

On Great Northern

Highway at southern

and northern

entrances, and on the

eastern entrance along

the Sandstone Road

For 2016-2017 budget Get some quotes for

animal cutouts from

the supplier who did

the backdrop to the

Anzac Park upgrade

Resolution no.2016-

014

Works Manager

Status: Pending

Actions Table: MARCH 2016 Council Meeting

What Where When How Why Who

List Cr Minney’s leave of absence on April agenda

On agenda Resolution no. 2016-015

Administration Supervisor

Status: Listed on agenda Update manual and disseminate to staff

Internally. At the earliest convenience.

Memo staff about Council resolution

Resolution no. 2016-018

CEO

Status: Draft Manual updated 4 April 2016; Individually addressed letters to staff have been prepared and are being distributed. Negotiate lease agreement with Mount Magnet Men's Shed Inc and report back to Council.

Former Mount Magnet Hospital (Old Hospital)

At the earliest convenience.

By discussion Resolution no. 2016-020

CEO

Status: In progress. I have located and registered the conservation plan prepared 2014 (document no. 5210) and have reviewed all the references related to asbestos. Is a very large document, but I have distributed as well is I’m able given that our main printer finisher has been out of action. I have discussed the contents with Councillor Morris, as well as the cost estimates which were produced as an appendix to conservation plan. The whole matter requires further investigation and negotiation.

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What Where When How Why Who

1. Engage the services of AMPAC Debt Recovery WA Pty Ltd to assist in the recovery of rates debts and sundry debts.

2. Maroomba Airlines be advised that the Council will not waive its debt in relation to airport fees and charges.

3. Investigate an early ratepayer prize draw for the 2016-2017 financial year, and report back.

4. Review policies numbered 12.8 and 12.9 and to report back.

5. Reports be presented to the May 2016 ordinary Council meeting relating to write-offs of uncollectible sundry debts and rates debts.

1. AMPAC Debt Recovery WA Pty Ltd

2. Maroomba Airlines 3. Internally 4. Internally 5. Internally

1. As soon as possible. 2. As soon as possible. 3. In time for 2016-

2017 budget 4. At the earliest

convenience. 5. As soon as possible.

1. Send purchase order and signed service agreement.

2. By letter. 3. In system. 4. In system. 5. By Agenda Item.

Resolution no. 2016-021

CEO

Status: AMPAC engaged 23 March 2016 (document no. 4913); Letter sent to Maroomba Airlines 31 March 2016 (document no. 5042) and the outstanding debt has since been paid in full; other matters to be reported back in due course. Submit a RADS application. Department of

Transport At the earliest convenience.

By email. Resolution no. 2016-022

CEO

Status: RADS application submitted 1 April 2016 (document no. 5104). Write to applications Mt Magnet Gold Pty

Ltd. At the earliest convenience.

By letter. Resolution no. 2016-023

CEO

Status: Letter sent 4 Aril 2016 (document no. 5201) Submit Budget Review. Department of Local

Government. At the earliest convenience.

By email. Resolution no. 2016-026

Administration Supervisor

Status: Submitted (document no. 5358) and acknowledged by DoLG (document no. 5365)

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What Where When How Why Who

Provide breakdown in relation to EFT6591.

At the earliest convenience.

Email to CEO Resolution no. 2016-028

Finance Manager

Status: Information provided: Pool toys $114.55, Storage tub $10.69, Table Cloth and Tattoos and Air Horn $21.59, Napkins $10.84, Inflatables and Pool toys and Output Hand Pump $121.57, Plastic Plates and consumables $19.18, Pool toys and T-shirts and Hats and Apron and Table Cloth and Food Covers $153.27, Fruit Box $45.00. Write to applicants and implement.

At the earliest convenience.

Letters and emails Resolution no. 2016-029

CEO

Status: All letters have been sent (document no.s 5206, 5207, 5208, 4890, 5205, 5239, 5234, & 5347). Application (document no. 5251) has also been made to the Department of Regional Development to expend the remaining $16,300 (approx.) of CLGF funding on various improvements in Federation Park, including the items in the Federation Park Beautification Project application. Award Tender. Dean Contracting Pty

Ltd. As soon as possible. By letter (with

purchase order) Resolution no. 2016-031

CEO

Status: Letter of acceptance sent 23 March 2016 (document no. 4931). Letters have also been sent to unsuccessful tenderers advising the outcome of the tender (document no.s 5349, 5350 and 5351). Finalise and send Compliance Audit Return to DOLG

Department of Local Government.

As soon as possible. Online, followed up be hardcopy in mail.

Resolution no. 2016-033

CEO

Status: Online submission completed on 18 March 2016; hardcopy sent 24 March 2016 (document no. 4958). 1. Fix Oval lights.

2. Nursing post signs 3. Explore SAM.

1. Engage electrician

2. Main Roads 3. SAM

At the earliest convenience.

Elected member matters

1. Works Manager.

2. CEO 3. CEO

Status: 1. Some new lights have been ordered - we will see if they can be readily protected against vandalism and if so will order more lights to complete the job. We have also discovered a problem with the lighting circuit (which comes via the school and therefore needed some negotiation with the Department of Education), and will engage an electrician to rectify the problem in the cable. 2. Signs for our local roads have been ordered and have now been received. The CEO has been liaising with Main Roads W.A. in relation to the signs on the Great Northern Highway - they have put in a work order to replace the faded signs, and will also reassess whether additional signs on the Highway are required. 3. The CEO has been in discussion with Roadwise Officer Samantha Adams concerning funding opportunities for fixed speed alert devices

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12.2 Review of Delegations of Authority to CEO

Officer: Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Meeting Date: 15 April 2016 Matter for Consideration To review the delegations of authority to the Chief Executive Officer and, if thought appropriate, to delegate a new set of authorities. Background Section 5.42 of the Local Government Act 1995 provides that a local government may (by absolute majority) delegate any of its powers (subject to the limitations set out in section 5.43 of the Act) to the CEO. Section 5.46 of the Act requires that all delegations must be reviewed at least once in every financial year. Due to the comprehensive nature of the current review and the substantial changes being recommended, the relevant sections of the Act are set out in full later in this report. The delegations of authority to the Chief Executive Officer were last reviewed in February 2015. That review was reasonable comprehensive and the delegations were “beefed up” considerably and made more specific. Comment The current delegation to the CEO is as follows: 1. The following authorities be delegated to the Chief Executive Officer:

a) All day-to-day management of Council operations, including (but not limited to) the appointment and management of staff in accordance with the approved organisation structure and staff policies, staff remuneration and relocation expenses, approval of overtime, engagement of temporary or relief staff if required, attendance by Council staff at conferences and seminars and training courses, making private motor vehicle use arrangements with staff, reimbursement of expenses, and all other matters incidental thereto.

b) Purchasing supplies, services or assets in accordance with the budget and the Shire’s purchasing policies. This includes calling of tenders, and authority to accept tenders up to the value limit determined in paragraph 2 hereof.

c) Authorising payments to suppliers. d) Taking action (including legal action) to recover debts owed to the Shire. e) Disposing of surplus property, up to the value limit determined in paragraph 2 hereof. f) Appointment of consultants including (but not limited to) architects, valuers, planning

consultants, engineering consultants, and the like. g) The preparation and execution of documents in the exercise of other delegated

authorities, or to give effect to a resolution of the Council. h) Preparation and signing of correspondence. i) Obtaining from an appropriate solicitor such legal advice and opinions as is deemed

necessary in the exercise of the management of the local government. j) Approval of minor variations to contracts entered into by Council. k) Issuing of infringement notices and initiation of prosecutions on behalf of Council

under the Local Government Act 1995, Dog Act 1976, Health Act 1911, Bush Fires

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Act 1954, Litter Act 1979, Cemeteries Act 1986, Council's Local Laws and any other legislation in respect of which Council has an obligation or a duty of enforcement.

l) Appointment persons or classes of persons to be authorised persons for the purposes of performing particular functions as specified by the Chief Executive Officer. The appointments being those referred to in: i) Section 9.10 of the Local Government Act 1995. ii) Subdivision 2 of the Local Government Act 1995. iii) Section 9.13 of the Local Government Act 1995. iv) Sections 11 and 29 (1) of the Dog Act 1976. v) Part VI of the Health Act 1911 vi) The Litter Act 1976. vii) Section 38 of the Bush Fires Act 1954. viii) Regulation 6 of the Caravan Park and Camping Ground Regulations 1997. ix) The Food Act 2008.

m) Registration of an interest in any Native Title Claim affecting Council in order for Council to have sufficient interest to become a party to the Native Title Application.

n) Impounding of goods in accordance with Sections 3.39 to 3.48 of the Local Government Act 1995.

o) Disposal of any vehicles, animals or goods that have been impounded/seized/confiscated under the provisions of Section 3.47 and 3.58 of the Local Government Act 1995.

p) Authority to appoint an Officer to act in the capacity of Chief Executive Officer during absences of the Chief Executive Officer.

q) To exercise all of the powers and duties of the local government in respect to the powers of entry upon land as contained in Section 3.28 to 3.36 inclusive of the Local Government Act 1995.

r) Determining the date that a rate or service charge becomes due and payable in accordance with Section 6.50 of the Local Government Act 1995, and entering into an agreement in accordance with Section 6.49 of the Local Government Act 1995 for the payment of rates and service charges.

s) Lodgement of caveats on land where the rates are in arrears and it is considered that the interests of the Council should be protected, and the subsequent withdrawal of caveats once arrears of rates have been settled.

t) Consideration of claims against Council for property damage that do not exceed the insurance policy excess levels, and authority to accept or deny liability on behalf of Council.

u) Reimbursement of reasonable expenses to members and staff incurred whilst attending authorised conferences, seminars and training courses and during other absences from the district on any business deemed necessary by the Chief Executive Officer.

v) Making submissions for grants and/or subsidies from State and Commonwealth Governments or other funding agencies, where:

a project/service/activity has already been included in the annual budget or forward capital works plan or long-term financial plan, and the grant funding (if the application is successful) will reduce the Shire’s own-source funding required to do something that the Council has already planned to be done; or

Where the grant applied for (with an approved budgeted input from the Shire, if required) will meet the full cost of an activity which is “core business” (or a statutory obligation) for the Shire.

w) Determining the occupancy and maintenance of staff accommodation. x) Approval of applications for the sale of liquor from property under the care, control

and management of the Council and approval of applications to consume liquor on property under the care, control and management of Council.

y) Making application to Main Roads WA for approval to install stop and give-way signs at such places as the Chief Executive Officer considers warranted, subject to any

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required approvals, installation of appropriate traffic regulatory signs at such places as the Chief Executive Officer considers necessary.

z) Temporary closure of any thoroughfare for any period not exceeding 3 months, and determination of applications for the temporary closure of roads for the purpose of conducting events in accordance with the Road Traffic (Events on Roads) Regulations 1991.

aa) Lodging of objections to the granting of mining tenements that may affect Council property. The Chief Executive Officer is further delegated authority to negotiate/impose appropriate conditions to be applied to the granting of any mining tenement in order to protect Council's interest in that property. Where the granting of a tenement may/will affect the interest of a third-party, other than the Council/Shire, the Chief Executive Officer is delegated authority to advise the Mines Department and applicant that the Shire approves the application in-principle on the condition that no other objections are received.

ab) In relation to the Local Government (Miscellaneous Provisions) Act 1960: i) Issuing Certificates of Classification of Buildings in accordance with Section

374C. ii) Issue a certificate which states that the subject building is in a dangerous state. iii) Shore up or otherwise secure a building, as well as providing a hoarding or fence

around the building to protect the public from danger. iv) Serve written notice upon the owner or the occupier of a building requiring that

the building be taken down, secured or repaired. v) Issue stop work notices pursuant to Section 401A where a breach of building

requirements is considered by the Chief Executive Officer to be of a magnitude sufficient to warrant issue of a notice.

vi) Withdraw stop work notices issued pursuant to Section 401A where the breach for which the notice has been issued is corrected to the satisfaction of the Chief Executive Officer.

vii) Issue of a demolition licence (Section 374A) to take down a building or a part of a building and such licence may be subject to such conditions as the Chief Executive Officer considers necessary for the safe and proper execution of the work.

ac) In relation to vehicle crossovers: i) Determination of applications for the construction of a crossing giving access

from a public thoroughfare to private land or a private thoroughfare serving the land and may agree to construct the crossing for the applicant.

ii) Giving notice to an owner or occupier of private land requiring the person to construct or repair a crossing from a public thoroughfare to the land or a private thoroughfare serving the land. If the person fails to comply with the notice the Chief Executive Officer is delegated authority to construct or repair the crossing and recover 50% of the cost of doing so as a debt due from the person.

iii) All other provisions of Local Government (Uniform Local Provisions) Regulations 1996, Regulation numbers 12 to 16 inclusive.

ad) To act as the Chief Bush Fire Control Officer for the District. ae) Pursuant to subsection 17 (10) of the Bush Fires Act 1954, authority to vary the

prohibited burning times pursuant to subsections 17 (7) and (8) of the Bush Fires Act be delegated to the Shire President and Chief Bush Fire Control Officer (jointly).

2. The authorities delegated in paragraph 1 hereof are subject to the following conditions and limitations: a) All authorities in respect of purchasing, acquisition of properties, entering contracts,

appointment of staff, engagement of consultants etc. are subject to adequate provision being available within the Council's budget.

b) The Chief Executive Officer shall not purchase any goods or services where the value of the order exceeds $100,000.

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c) The Chief Executive Officer shall not dispose of any property where the estimated value exceeds $2,000.

d) The disposal of impounded vehicles, animals and goods pursuant to subparagraph 1.o) above is subject to the calling of public tenders in accordance with Part 4 of the Local Government (Functions and General) Regulations. The Chief Executive Officer is authorised pursuant to Section 5.43 (b) of the Local Government Act 1995 to accept any tender up to the value of $1000. Tenders for amounts exceeding $1000 shall be referred to the Council for consideration.

e) Acceptance of claims against Council for property damage pursuant to subparagraph 1 s) above is limited to the value of Council's relevant insurance excess amount, and then only upon receipt of an appropriate release form.

f) In respect of the reimbursement of expenses relating to conferences, training courses etc. pursuant to subparagraph 1 u) above, expenses relating to a staff or elected member’s partner are not to be reimbursed unless authorised by Council policy or by a specific Council resolution that it is appropriate for a Councillor or staff member to be accompanied by another person.

g) In respect of submissions for grants made pursuant to subparagraph v) above, the undertaking for which grant funding is sought is to be in accordance with Council's established strategic objectives. Grants are not to be accepted unless any matching resources have been budgeted for, or acceptance of the grant has been authorized by the Council.

h) In determining the occupancy of staff accommodation, any Council dwellings not immediately required for staff accommodation may be rented to other parties, but only on a quarterly basis. Any non-staff tenancy or lease exceeding three months will require Council approval.

3. The Chief Executive Officer is not compelled to exercise these delegations on every occasion and retains the right to refer individual matters to the Council. The exercise of considerable judgment is therefore expected in the exercise of these delegations.

4. The Chief Executive Officer is to exercise these delegations fairly for the good government of the District, and in accordance with the Shire of Mount Magnet’s Code of Conduct, and the policies and decisions of the Council.

5. The Chief Executive Officer must cause records to be kept relating to the subdelegation of authorities as required by section 5.46 (1) of the Local Government Act 1995 and relating to the exercise of delegated authorities as required by section 5.46 (3) of the Local Government Act 1995.

As comprehensive as last year’s review was, it was carried out “in-house” (based on the delegations of authority made to me by previous Councils that have employed me) without the benefit of professional legal advice. Earlier this year I sought professional legal assistance in drafting orders to be served on a property owner in relation to removing hazards, and not keeping livestock in the yard. The first piece of advice I received was that my delegations were inadequate, and may not stand up in Court if challenged by a property owner upon whom a notice had been served on my instructions. Since that time, I have received a number of other complaints about properties such that it would be appropriate to serve notices on the owners of those properties. So getting the delegations reviewed by lawyers seemed a very worthwhile thing to do. My delegations have been reviewed by Kott Gunning lawyers, who are members of the WALGA panel of suppliers. The recommendation in this report has been drafted by Kott Gunning lawyers.

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Statutory Environment The relevant legislation comprises sections 5.42, 5.43, 5.45 and 5.46 of the Local Government Act 1995 and regulations 18G and 19 of the Local Government (Administration) Regulations 1996. Here are the relevant sections of the Act: 5.42. Delegation of some powers and duties to CEO (1) A local government may delegate to the CEO the exercise of any of its powers or the

discharge of any of its duties under — (a) this Act other than those referred to in section 5.43; or (b) the Planning and Development Act 2005 section 214(2), (3) or (5).

(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

5.43. Limits on delegations to CEO A local government cannot delegate to a CEO any of the following powers or duties — (a) any power or duty that requires a decision of an absolute majority or a 75%

majority of the local government; (b) accepting a tender which exceeds an amount determined by the local government

for the purpose of this paragraph; (c) appointing an auditor; (d) acquiring or disposing of any property valued at an amount exceeding an

amount determined by the local government for the purpose of this paragraph; (e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A

or 5.100; (f) borrowing money on behalf of the local government; (g) hearing or determining an objection of a kind referred to in section 9.5; (ha) the power under section 9.49A(4) to authorise a person to sign documents on

behalf of the local government; (h) any power or duty that requires the approval of the Minister or the Governor; (i) such other powers or duties as may be prescribed.

5.45. Other matters relevant to delegations under this Division (1) Without limiting the application of sections 58 and 59 of the Interpretation

Act 1984 — (a) a delegation made under this Division has effect for the period of time

specified in the delegation or where no period has been specified, indefinitely; and

(b) any decision to amend or revoke a delegation by a local government under this Division is to be by an absolute majority.

(2) Nothing in this Division is to be read as preventing — (a) a local government from performing any of its functions by acting

through a person other than the CEO; or (b) a CEO from performing any of his or her functions by acting through

another person. 5.46. Register of, and records relevant to, delegations to CEO and employees

(1) The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.

(2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator.

(3) A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

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Regulation 18G prevents the Council from delegating to the Chief Executive Officer authority in relation to the audit, and to approving the processes either for CEO recruitment or CEO performance reviews: 18G. Delegations to CEOs, limits on (Act s. 5.43)

Powers and duties of a local government exercised under the following provisions are prescribed under section 5.43(i) as powers and duties that a local government cannot delegate to a CEO — (a) section 7.12A(2), (3)(a) or (4); and (b) regulations 18C and 18D.

Regulation 19 provides further detail as to the records that must be kept in relation to the exercise of delegated powers and duties: 19. Delegates to keep certain records (Act s. 5.46(3))

Where a power or duty has been delegated under the Act to the CEO or to any other local government employee, the person to whom the power or duty has been delegated is to keep a written record of — (a) how the person exercised the power or discharged the duty; and (b) when the person exercised the power or discharged the duty; and (c) the persons or classes of persons, other than council or committee members or

employees of the local government, directly affected by the exercise of the power or the discharge of the duty.

Risk Analysis The delegation of authorities, powers and duties of the Council to the Chief Executive Officer is inevitably a matter of balancing two risks ~ If insufficient delegations are made, there is a very real risk of:

Lost opportunities;

Inefficiencies; and

Low productivity throughout the organisation. These risks can be mitigated by making general and extensive delegations. On the other hand, there is also a relatively small (but still very real) risk that a CEO might make poor or inappropriate use of the powers delegated to him or her. The legislation set out above attempts to mitigate this risk to a certain extent, but ultimately delegation boils down to a matter of trust. CEOs who demonstrate poor judgement in the exercise of authorities delegated to them very quickly destroy the trust that their Councils have in them, and either their delegations are withdrawn or (more often) their employment is terminated. Policy Implications Nil. A general delegation should be sufficiently broad to facilitate the implementation of current policies and future policies. Financial Implications Nil. Strategic Implications Nil. Voting Requirements Absolute Majority

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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 15 of 99

OFFICER RECOMMENDATION

Moved: Seconded: That: 1. the review of the Delegation Register be noted. 2. all existing delegations to the Chief Executive Officer, as shown earlier in this report, be

revoked. 3. the delegations to the Chief Executive Officer listed below be adopted:

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Table of Contents Local Government Act 1995 Delegations to CEO Delegation Section of Act Delegation Title 1.1 s.3.25 Serving of Notices Requiring Certain Things be Done by

Owner or Occupier of Land 1.2 s.3.26 Additional Powers When Giving a Notice Under Section 3.25

of the Local Government Act 1995 1.3 s.3.24, s.9.10, Appointment of Authorised Persons 1.4 s.3.27 Doing Any of the Things Prescribed in Schedule 3.2 on Land

that is Not Local Government Property 1.5 s.3.28 to s.3.36 Powers of Entry 1.6 s.3.47, s.3.48 Disposal of Confiscated or Uncollected Goods 1.7 s.3.47A(1) Disposal of Sick or Injured Animals 1.8 s.3.39 to 3.46 Power to Remove and Impound 1.9 s.3.50 Temporary Closure of Thoroughfares 1.10 s.3.54 Reserves Under the Control of a Local Government 1.11 s.3.57 Expressions of Interest and Tenders 1.12 s.3.58 Disposing of Surplus Assets of the Local Government 1.13 s.5.98(2)-(4) Reimbursement of Fees to a Council Member 1.14 s.5.100(2), s.5.101 Payments for Certain Committee Members 1.15 s.5.39(1a) Appointment of an Acting Chief Executive Officer 1.16 s.6.49 Agreement as to Payment of Rates and Service Charges 1.17 s.6.50 Determine the Date that Rates of Service Charges are Due or

Payable 1.18 s.6.56 Recover Rates, Service Charges, and Debts 1.19 s.6.60 Local Government May Require Lessee to Pay Rent 1.20 s.6.49, s.6.64 Unpaid Rates or Service Charges 1.21 s.6.76(4), (5), & (6) Objection to Rate Record 1.22 s.3.18 Administer Local Laws 1.23 s.9.49A Execution of Documents 1.24 ULP Reg 12-16 Crossing from Public Thoroughfare to Private Land or Private

Thoroughfare 1.25 s.3.18 Submit Grant Applications on Behalf of the Local Government 1.26 s.3.18 Mining Tenement Submissions 1.27 s.3.22 Compensation Claims for Property Damage 1.28 ULP Reg 17(3) & (5) Private Works On, Over, or Under Public Places 1.29 FM Reg 12(1)(a) Payments from Municipal Fund or Trust Fund 1.30 s.6.14(1)

FM Reg 19 Power to Invest and Manage Investments

1.31 ULP Reg 11(1), (4), (6) & (7) Sch. 9.1 clause 6

Dangerous Excavations in or Near Public Thoroughfares

1.32 ULP Reg 6(4)(d), 6(5)(b), & 6(5)(d) Sch. 9.1 cl. 3(1)(a)

Obstruction of Public Thoroughfare by Things Placed and Left

1.33 s.3.18 Application for Operation of “B” Doubles and Road Trains 1.34 s.3.50A Partial Closure of Thoroughfares for Repairs and Maintenance 1.35 s.3.50 Temporary Closure of Thoroughfares – Events 1.36 s.3.18 Variations and Extensions to Contracts 1.37 s.3.18 Initiate Prosecutions 1.38 s.3.18, FM Reg 13 Incurring Liabilities and Making Payments 1.39 s.3.58 Property Management, Leases and Licences 1.40 s.3.54, s.3.58 Property Management, Public Facilities, Municipal Halls,

Parks, Reserves, Hires, Fees, Selling Goods 1.41 s.5.27(2) Electors’ General Meeting 1.42 s.3.18 Registration of Interest in Native Title Claim 1.43 s.6.39(2), s.4.60 Rate Book 1.44 s.6.9(4) Transfer Money Held in Trust Fund For More Than 10 Years 1.45 s.3.18 Vote on Motions at Mid-West Regional Road Group Sub-Group

Meetings

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Bush Fires Act 1954 Delegations to CEO 2.1 s.38(1) Appoint Bush Fire Control Officers 2.2 s.17(7)&(8) Vary Prohibited Burning Times 2.3 s.59(1)&(3) s.59A(2) Prosecution of Offences and Infringement Notices 2.4 s.27(3) Prohibition on Use of Tractors or Engines Except Under Certain

Conditions 2.5 s.33(1) Require occupier of land to plough or clear fire-break Building Act 2011 Delegations to CEO 3.1 s.96(3) Designate Authorised Persons Under the Building Act 2011 3.2 s.110, s.111(1)(c),

s.117, s.118(2), s.118(3), & s.133(1)

Building Orders and Prosecutions

Planning and Development Act 2005 Delegations to CEO 4.1 s.214(2), (3), & (5) Directions Notice for Illegal Development Food Act 2008 Delegations to CEO 5.1 s.122(14), s.126(13) Appoint Authorised Officers Under the Food Act 2008 Dog Act 1976 Delegations to CEO 6.1 s.10AA(1) Enforce the Dog Act 1976 Health Act 1911 Delegations to CEO 7.1 Parts IV to VII(A), IX,

& XV Health Act – Appointment of Deputy

Cat Act 2011 Delegations to CEO 8.1 s.48(1) Appoint Authorised Persons Under the Cat Act 2011 Glossary F&G Reg Local Government (Functions and General) Regulations 1996 FM Reg Local Government (Financial Management) Regulation 1996 ULP Reg Local Government (Uniform Local Provisions) Regulation 1996

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Local Government Act 1995 1.1 Serving of Notices Requiring Certain Things be Done by Owner or Occupier of Land Function Delegated Authority to:

1. Give to a person who is the owner or, unless Schedule 3.1 of the Local Government Act 1995 indicates otherwise, the occupier of land a notice in writing to do anything specified in that notice that: (a) is prescribed in Schedule 3.1, Division 1; or (b) is for the purpose of remedying or mitigating the effects of any offence against a provision prescribed in Schedule 3.1, Division 2

Statutory Power Delegated

Local Government Act 1995 Section 3.25 Notices requiring things to be done by owner or occupier of land

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

1.2 Additional Powers When Giving a Notice Under Section 3.25 of the Local Government Act 1995 Function Delegated Authority, in the event that a party issued with a notice under section 3.25

of the Local Government Act 1995 fails to comply with the notice: 1. To do anything that the CEO considers necessary to achieve, so far as is practicable, the purpose for which the notice was given; and 2. To recover the cost of any action taken in this regard as a debt due from the party who failed to comply with the notice [s.3.26(2)&(3)]

Statutory Power Delegated

Local Government Act 1995 Section 3.26 Additional powers when notices given

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.3 Appoint Authorised Persons Function Delegated Authority to appoint persons or classes of person as authorised persons for

the purpose of fulfilling prescribed functions within the Local Government Act 1995 Note: a person who is authorised to give an infringement notice under

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s.9.16 of the Local Government Act 1995 is not to be an authorised person for the purposes of extending time or withdrawal

Statutory Power Delegated

Local Government Act 1995 Section 3.24 Authorising persons under this subdivision (Part 3, Division 3, Subdivision 2 – Certain provisions about land Section 9.10 Appointment of authorised persons

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Authorisation is to be given in writing

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.4 Doing Any of the Things Prescribed in Schedule 3.2 on Land That is Not Local Government Property Function Delegated Authority to do any of the things prescribed in Schedule 3.2 of the Local

Government Act 1995, even though the land on which the things is to be done is not local government property and the local government does not have the consent to do it [s.3.27]

Statutory Power Delegated

Local Government Act 1995 Section 3.27 Particular Things Local Government Can Do on Land That is Not Local Government Property

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Limited to those activities listed in Schedule 3.2 of the Local Government Act 1995

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.5 Powers of Entry Function Delegated Authority to:

1. Lawfully enter, and authorise local government persons to enter, any land, premises, or thing unless the owner or occupier objects to the entry [s.3.31(2)] 2. Give and execute a notice of entry [s.3.31(b)] 3. Seek and execute an entry under warrant [s.3.33] 4. Determine that the local government will enter any land, premises, or thing immediately and without notice and perform any of the local governments functions considered appropriate to deal with an emergency [s.3.34] 5. Give notice and effect entry by opening a fence [s.3.36]

Statutory Power Delegated

Local Government Act 1995 Section 3.31 General procedure for entering property Section 3.32 Notice of entry

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Section 3.33 Entry under warrant Section 3.34 Entry in an emergency Section 3.36 Opening fences

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.6 Disposal of Confiscated or Uncollected Goods Function Delegated Authority to:

1. Sell or otherwise dispose of confiscated or uncollected goods in accordance with section 3.58 of the Local Government Act 1995 [s.3.47] 2. Recover expenses incurred for removing and impounding and in disposing of confiscated or uncollected goods [s.3.48]

Statutory Power Delegated

Local Government Act 1995 Section 3.47 Confiscated or uncollected goods, disposal of Section 3.48 Impounding expenses, recovery of

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. The disposal of impounded vehicles, animals, and goods under Part 3, Division 3, Subdivision 4, of the Local Government Act 1995 is subject to the calling of public tenders in accordance with Part 4 of the Local Government (Functions and General) Regulations 1996. 2. The CEO is authorised to accept any tender up to the value of $1000. Tenders for amounts exceeding $1000 shall be referred to the Council for consideration.

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.7 Disposal of Sick or Injured Animals Function Delegated Authority to destroy or dispose of an animal that is determined to be too

sick or injured to treat [s.3.47A(1)] Statutory Power Delegated

Local Government Act 1995 Section 3.47A(1) Sick or injured animals, disposal of

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for Section 5.44 CEO may delegate some powers and duties to other

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CEO to Sub-delegate employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.8 Power to Remove and Impound Function Delegated Authority to:

1. Remove and impound any goods that are involved in a contravention that can lead to an impounding under the Local Government Act 1995 [s.3.39] 2. Enter a vehicle for the purpose of removing it to a place where the goods to be impounded may be conveniently unloaded and impounded [s.3.40] 3. Remove and impound a vehicle that, in the opinion of the local government is an abandoned vehicle wreck [s.3.40A] 4. Give notice of removal of perishable goods under section 3.41 Local Government Act 1995 [s.3.41] 5. Institute a prosecution or give notice or removal of non-perishable goods under section 3.42 Local Government Act 1995 [s.3.42] 6. Give notice to collect goods not confiscated under section 3.44 Local Government Act 1995 [s.3.44] 7. Recover costs or removing, impounding and keeping impounded goods [s.3.46]

Statutory Power Delegated

Local Government Act 1995 Section 3.39 Power to remove and impound Section 3.40 Vehicle may be removed if goods to be impounded are in or on vehicle Section 3.40A Abandoned vehicle wreck may be taken Section 3.41 Impounded perishable goods, notice to collect Section 3.42 Impounded non-perishable goods Section 3.44 Notice to collect goods if not confiscated Section 3.46 Goods may be withheld until costs paid

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.9 Temporary Closure of Thoroughfares Function Delegated Authority to:

1. Close a thoroughfare that the local government manages to the passage of vehicles, or particular classes of vehicles; and [s.3.50] 2. Revoke an order to temporarily close a thoroughfare under the management of the local government [3.50(6)]

Statutory Power Delegated

Local Government Act 1995 Section 3.50(1)-(8) Closing certain thoroughfares to vehicles

Power Originally Assigned To

The Local Government

Statutory Power of Section 5.42 Delegation of some powers and duties to CEO

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Delegation Section 5.43 Limitations on delegations to the CEO Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Each road closure is to be for a period not exceeding 3 months

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.10 Reserves under the control of a local government Function Delegated Authority to do anything for the purpose of controlling and managing land

that is vested in or under the management of the Shire [s.3.54] Statutory Power Delegated

Local Government Act 1995 Section 3.54 Reserves under control of a local government

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.11 Expression of interest and tenders Function Delegated Authority to determine:

1. To call tenders [F&G Reg 11(1)] 2. To call tenders for the disposal of impounded goods in accordance with section 3.58 [s.3.47] 3. To determine that tenders do not have to be invited for the supply of goods and services even though the consideration under the contract is more than $150,000 under regulation 11(2) of the Local Government (Functions and General) Regulation 1996 [F&G Reg 11(2)] 4. To invite tenders although not required to do so [F&G Reg 13] 5. The criteria for accepting tenders [F&G Reg 14(2a)] 6. To vary tender information after public notice of invitation to tender and before the close of tenders [F&G Reg 14(5)] 7. To seek clarification from tenderers in relation to information contained in their tender submission [F&G Reg 18(4a)] 8. To evaluate tenders and decode which is the most advantageous [F&G Reg 18(4)] 9. To accept or reject tenders [F&G Reg 18(2) & 18(4)] 10. To decline any tender [F&G Reg 18(5)] 11. To approve minor variations to the scope of work specified in the tender (up to a maximum of 10% of the total contract value) before entering into a contract [F&G Reg 20(1)] 12. To choose the tenderer, if any, which was considered the next most advantages to it to accept, if a chosen tenderer is unable or unwilling to enter into a contract to supply, with a minor variation in the goods or services required [F&G Reg 20(2)] 13. To accept another tender where within 6 months of either accepting a tender a contract has not been entered into OR the successful tenderer agrees to terminate the contract [F&G Reg 18(6) & 18(7)]

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14. When to seek Expressions of Interest and to invite Expressions of Interest to supply goods or services [F&G Reg 21] 15. To consider Expressions of Interest which have not been rejected and determine those which are capable of satisfactorily providing the goods of services, for listing as acceptable tenders [F&G Reg 23] 16. Where a tender is accepted with an option to extend the contract beyond the initial period, to determine whether or not to exercise or decline that option [s.3.57]

Statutory Power Delegated

Local Government Act Section 3.57 Tenders for providing goods or services Section 3.47 Confiscated or uncollected goods, disposal of Local Government (Functions and General ) Regulations 1996 Reg 11(1)&(2) When tenders have to be publically invited Reg 13 Requirements when local government invites tenders though not required to do so Reg 14(2a)&(5) Publically inviting tenders, requirements for Reg 18(2), (4), (4a), (5), (6), & (7) Rejecting and accepting tenders Reg 20(1)& (2) Variation of requirements before entry into contract Reg 21 Limiting who can tender, procedure for Reg 23 Rejecting and accepting expressions of interest to be acceptable tenderer

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. The CEO may only call tenders where there is an adopted budget for the proposed procurement, with the exception being in the period immediately prior to the adoption of a new Annual Budget where the proposed procurement is required to fulfil a routine contract related to the day to day operations of the Shire, with an imminent expiry date and the value of the proposed contract has been included in the draft Annual Budget papers. 2. The CEO may only accept a tender where the consideration under the resulting contract is $150,000 or less 3. The purchase of goods or services must be in accordance with the Shire’s purchasing policy

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.12 Disposing of Surplus Assets of the Local Government Function Delegated Authority to:

1. Dispose of the surplus assets and property of the local government to: (a) the highest bidder at public auction [s.38(2)(a)] (b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender [s.3.58(2)(b)]; and 2. Dispose of assets and property by direct negotiation only in accordance with section 3.58(3) of the Local Government Act 1995 [s.3.58(3)]; and 3. Dispose of assets and property under regulation 30 of the Local Government (Functions and General) Regulations 1996 [F&G Reg 30]

Statutory Power Delegated

Local Government Act 1995 Section 3.58 Disposing of Property Local Government (Functions and General ) Regulations 1996

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Reg 30 Dispositions of property excluded from Act s. 3.58 Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. This delegation may only be used where the disposal complies with the requirement of: (a) Section 3.58 of the Local Government Act 1995; and (b) Regulation 30 of the Local Government (Functions and General) Regulation 1996 2. The value of the surplus property that may be disposed under this delegation shall not exceed $2,000

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.13 Reimbursement of fees to a council member Function Delegated Authority to reimburse a council member who incurs an expense of a kind

prescribed as being an expense: 1. To be reimbursed by all local governments under reg 31 of Local Government (Administration) Regulations 1996; or 2. Which may be approved for reimbursement under reg 32 of Local Government (Administration) Regulations 1996 [5.98]

Statutory Power Delegated

Local Government Act 1995 Section 5.98(2)-(4) Fees etc. for council members

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. Including all reasonable expenses to elected members incurred whilst attending authorised conferences, seminars, and training courses and during other absences from the district on any business deemed necessary by the CEO. Such expenses may include accommodation meals, refreshments, travel and other appropriate out-of-pocket expenses. 2. Expenses relating to an elected member’s partner are not to be reimbursed unless authorised by Council policy or by a specific Council resolution that it is appropriate for an elected member to be accompanied by another person whilst attending authorised conferences, seminars and training courses and during other absences from the district on any business deemed necessary by the CEO. 3. The reimbursement is subject to: (i) funds being available in the adopted Budget; and (ii) may not exceed any limit the local government has set the extent to which the expense can be reimbursed

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.14 Payments for certain committee members

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Function Delegated Authority to reimburse a committee member (who is not a council member) for an expense incurred by the person in relation to a matter affecting the local government [5.100] [5.101]

Statutory Power Delegated

Local Government Act 1995 Section 5.100(2) Payments for certain committee members Section 5.101 Payments for employee committee members

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

The reimbursement may not exceed any limit the local government has set the extent to which the expense can be reimbursed

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.15 Appointment of an Acting Chief Executive Officer Function Delegated Authority to make appointments to the position of Acting Chief Executive

Officer [s.3.59(1a)] Statutory Power Delegated

Local Government Act 1995 Section 3.59(1a) Contracts for CEO and senior employees

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. The CEO may consult with the President of the Shire before appointing a person to the position of Acting CEO 2. An appointment as Acting CEO shall be for a period of not less than 1 week and no more than 4 weeks each time. 3. Where an appointment is required for a period exceeding 4 weeks, then the proposed appointment must be presented to Council for determination prior to the appointment taking effect. 4. The CEO is to advise elected members of any appointments to the position of Acting CEO made under delegated authority, prior to the appointment taking effect. In instances where it is necessary for an appointment to be made at short notice, then elected member ae to be advised of that appointment as soon as possible.

Statutory Power for CEO to Sub-delegate

Not applicable

CEO’s Sub-delegation To

Nil

CEO’s Conditions on Sub-delegation:

Nil

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.16 Agreement as to Payment of Rates and Service Charges Function Delegated Authority to make an agreement with a person for the payment of rates

and service charges [s.6.49] Statutory Power Delegated

Local Government Act 1995 Section 6.49 Agreement as to payment of rates and service charges

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer

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Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.17 Determine the Date that Rates or Service Charges are Due of Payable Function Delegated Authority to determine the date on which rates or service charges become

due and payable [s.6.50] Statutory Power Delegated

Local Government Act 1995 Section 6.50 Rates or service charges due and payable

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.18 Recover Rates, Service Charges, and Debts Function Delegated Authority to:

1. Take any action the CEO considers appropriate to recover debts owed to the Shire, including legal proceedings in a court of competent jurisdiction [s.3.18] 2. Recover a rate or service charge that remains unpaid after it becomes due and payable, as well as the costs of proceedings, in any, for that recovery, in a court of competent jurisdiction [s.6.56]

Statutory Power Delegated

Local Government Act 1995 Section 3.18 Recover Debts Section 6.56 Rates or service charges recoverable in court

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.19 Local Government May Require Lessee to Pay Rent Function Delegated Authority to:

1. Give notice to a lessee of land in respect of which there has been

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an unpaid rate or service charge requiring the lessee to pay its rent to the local government [s.6.60(2)]; and 2. Recover the amount of the rate or service charge as a debt from the lessee if rent is not paid in accordance with the notice [s.6.60(4)]

Statutory Power Delegated

Local Government Act 1995 Section 6.60 Local government may require lessee to pay rent

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.20 Unpaid Rates or Service Charges Function Delegated Authority to:

1. Make an agreement with a person for payment of rates and service charges [s.6.49] 2. Lodge a caveat to preclude dealings in respect of land where payment of rates or service charges imposed on that land is in arrears, and may withdraw caveat so lodged [s.6.64(3)]; and 3. Take possession of land, and hold the land as against a person having an estate or interest in the land, if any rates or service charges which are due in respect of rateable land have been unpaid for at least 3 years, and: 3. from time to time lease the land; or 4. sell the land; or 5. cause the land to be transferred to the Crown; or 6. cause the land to be transferred to the local government [s.6.64(1)]

Statutory Power Delegated

Local Government Act 1995 Section 6.49 Agreement as to payment of rates and service charges Section 6.64 Actions to be taken [in respect of unpaid rates or service charges]

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

The power of sale must be conducted in accordance with section 6.68 and Schedule 6.3 of the Local Government Act 1995.

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.21 Objection to Rate Record Function Delegated Authority to:

1. Extend the time for a person to make an objection to a rate record; [s.6.76(4)]

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2. Determine an objection to a rate record and either allow it or disallow it wholly or in part; and [s.6.76(5)] 3. After making a decision on an objection, promptly serve upon the person making the objection written notice of the decision on the objection and a statement of the reasons for that decision in accordance with s.6.76(6) of the Local Government Act 1995 [s.6.76(6)]

Statutory Power Delegated

Local Government Act 1995 Section 6.64(4), (5), & (6) Grounds of Objection

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.22 Administer Local Laws Function Delegated Authority to administer the Shire of Mount Magnet Local Laws and do all

things necessary or convenient to be done for, or in connection with, performing the functions of the local government under the Shire’s Local Laws [s.3.18]

Statutory Power Delegated

Local Government Act 1995 Section 3.18 Administer Local Laws

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.23 Execution of Documents Function Delegated Authority to:

1. Execute a document on behalf of the Shire where there is a requirement for the document to be executed as a deed [s.9.49A(5)] 2. Affix the Council’s Common Seal to documents pursuant to section 9.49A(2) of the Local Government Act 2015 [s.9.49A(2)] 3. Sign documents on behalf of the local government subject to conditions specified in this authorisation, and generally as is necessary or appropriate in reasonably carrying out the CEO’s function under the Local Government Act or under any written law [s.9.49A(4)] 4. Prepare and execute documents in the exercise of other delegated authorities, or to give effect to a resolution of the Council [9.49A]

Statutory Power Delegated

Local Government Act 1995 Section 9.49A Execution of Documents

Power Originally The Local Government

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Assigned To Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. The document to be executed must be consistent with a Council policy or resolution

Statutory Power for CEO to Sub-delegate

N/A Note: a local government may not delegate to the CEO the power under s.4.49A(4) of the Act to authorise a person to sign documents on behalf of the local government

CEO’s Sub-delegation To

Nil

CEO’s Conditions on Sub-delegation:

Nil

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.24 Crossing from Public Thoroughfare to Private Land or Private Thoroughfare Function Delegated Authority to:

1 Determine applications for the construction of a crossing giving access from a public thoroughfare to private land or a private thoroughfare serving the land and may agree to construct the crossing for the applicant [ULP Reg 12(1) 2 Issue a notice requiring an owner or occupier of private land to construct or repair a crossing from a public thoroughfare to the land or a private thoroughfare serving the land [ULP Reg 13(1)] 3 If the person fails to comply with the notice the Chief Executive Officer is delegated authority to construct or repair the crossing and recover 50% of the cost of doing so as a debt due from the person [ULP Reg 13(2)] 4 Exercise all the local government’s powers under the Local Government (Uniform Local Provisions) Regulations 1996, Regulation numbers 12 to 16 inclusive.

Statutory Power Delegated

Local Government Act 1995 Schedule 9.1 clause 7(2) Crossing from public thoroughfare to private land or private thoroughfare Local Government (Uniform Local Provisions) Regulations 1996 regulation 12 to 16

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.25 Submit Grant Applications on behalf of the Local Government Function Delegated Authority to make submissions for grants and/or subsidies from State and

Commonwealth Governments or other funding agencies Statutory Power Delegated

Local Government Act 1995 Section 3.18 Submit grant applications on behalf of the local government

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

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Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. The CEO may make submissions for grants and/or subsidies from State and Commonwealth Governments or other funding agencies, where: (a) A project/service/activity has already been included in the annual budget or forward capital works plan or long-term financial plan, and the grant funding (if the application is successful) will reduce the Shire’s own-source funding required to do something that the Council has already planned to be done; or (b) The grant applied for (with an approved budgeted input from the Shire, if required) will meet the full cost of an activity which is “core business” (or a statutory obligation) for the Shire; and (c) The undertaking for which grant funding is sought is to be in accordance with Council's established strategic objectives. Grants are not to be accepted unless any matching resources have been budgeted for, or acceptance of the grant has been authorized by the Council.

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.26 Mining Tenement Submissions Function Delegated Authority to:

1. Lodge an objection with Department of Mines and Petroleum to the granting of any mining tenement that may affect the townsite of Mount Magnet or local government property. 2. Lodge any submission with the Department of Mines and Petroleum that the CEO considers appropriate in relation to the granting of a mining tenement. 3. Negotiate and impose any conditions the CEO considers appropriate to the granting of any mining tenement in order to protect the townsite of Mount Magnet or the local government's interest in property. 4. Where the granting of a tenement may/will affect the interest of a third-party, other than the Council/Shire, the CEO is delegated authority to advise the Department of Mines and Petroleum and applicant that the Shire approves the application in-principle on the condition that no other objections are received. [s.3.18]

Statutory Power Delegated

Local Government Act 1995 Section 3.18 Mining tenement submissions

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.27 Compensation Claims for Property Damage Function Delegated Authority to:

1. Determine and pay a claim against the local government by the

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owner or occupier of land for compensation for property damage; and 2. To accept or deny liability on behalf of the local government in relation to that claim [s.3.22]

Statutory Power Delegated

Local Government Act 1995 Section 3.22 Compensation

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. The CEO may only accept liability for a claim against Council for property damage: (a) If the claim amount does not exceed the value of Council's relevant insurance excess amount; and (b) The CEO has received the appropriate release form

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.28 Private Works on, over, or under Public Places Function Delegated Authority to:

1 Grant permission to construct anything on, over, or under a public thoroughfare or other public place that is local government property, subject to any condition 2. Grant permission and impose conditions to construct a specified thing on, over, or under a specified public thoroughfare or public place that is local government property [ULP Reg 17(3) & (5)]

Statutory Power Delegated

Local Government Act 1995 - Sch 9.1 cl 8 Local Government (Uniform Local Provisions) Regulations 1996 Regulation 17(3) & (5) private works on, over, or under public places

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. Approval is to be granted subject to a bond for work being performed and the payment of costs for trench resurfacing as required 2. Owners and occupiers of adjoining properties are to be advised of the works 3. In the case of major infrastructure works, where there are objections from owners or occupiers of the adjoining properties, the matter is to be referred to Council for determination 4. This delegation applies to, but is not limited to, the following: (a) Ground anchors; (b) Verandas and awnings; (c) Pilings; (d) Signs.

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

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1.29 Payments from Municipal Fund or Trust Fund Function Delegated Authority to:

1. Make payments from the Municipal Fund, Trust Fund, or Reserve Fund [FM Reg 12(1)(a)] 2. Approve and sign Electrical Fund Transfers between the Municipal, Reserve, Trust, and Interest Bearing Deposit Accounts

Statutory Power Delegated

Local Government (Financial Management) Regulations 1996 Regulation 12(1)(a) Payments from municipal fund or trust fund, restriction on making

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. Each payment from the Municipal Fund, Trust Fund, or Reserve Fund is to be noted on a list complied for each month showing: (a) The payees name (b) The amount of the payment (c) The date of the payment (d) Sufficient information to identify the transaction 2. The list is to be presented to the Council at the next Ordinary Meeting of the Council following the preparation of the list, and is to be recorded in the Minutes of the Meeting at which it is presented

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.30 Power to Invest and Manage Investments Function Delegated Authority to:

1. Invest money held in the municipal or trust fund that is not, for the time being, required for any other purpose [s.6.14(1)] 2. Establish and document internal control procedures to be followed by employees to ensure control over investments enabling the identification of the nature and location of all investments and the transactions related to each investment [FM Reg 19]

Statutory Power Delegated

Local Government Act 1995 Section 6.14(1) Power to Invest Local Government (Financial Management) Regulations 1996 Regulation 19 Investments, control procedures for

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Then internal control procedures must be documented and reviewed to the CEO’s satisfaction within each three year period

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.31 Dangerous Excavations in or Near Public Thoroughfare Function Delegated Authority to:

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1. Fill in or fence an excavation, or request the owner or occupier to fill in or fence an excavation, on land that adjoins a thoroughfare if it is considered to be dangerous [ULP Reg 11(1)] 2. Grant permission and impose conditions as thought fit, to make or make and leave an excavation of specified dimensions, and in a specified way, in a specified part of a public thoroughfare or on a specified part of land adjoining a public thoroughfare [ULP Reg 11(4), (6), (7) & (8)]

Statutory Power Delegated

Local Government Act 1995- Sch. 9.1 clause 6 Local Government (Uniform Local Provisions) 1996 Reg 11(1), (4), (6) & (7) Dangerous excavation in or near public thoroughfare

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.32 Obstruction of Public Thoroughfare by Things Placed and Left Function Delegated Authority to:

1. Determine a sum sufficient for a deposit to cover the cost of repairing damage to the thoroughfare if the damage is not made good by the applicant [ULP Reg 6(4)(d)] 2. Determine if protective structures, necessary for public safety, are kept and maintained to the satisfaction of the local government [ULP Reg 6(5)(b)] 3. Determine if repair of damage to a thoroughfare is to the satisfaction of the local government [ULP Reg 6(5)(d)]

Statutory Power Delegated

Local Government Act 1995 - Sch. 9.1 cl. 3(1)(a) Local Government (Uniform Local Provisions)1996 Reg 6(4)(d), 6(5)(b) & 6(5)(d) Obstruction of public thoroughfare by things placed and left

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.33 Applications for Operation of “B” Doubles and Road Trains Function Delegated Authority to

1. Determine the roads suitable for the operation of “B” doubles and Road Trains

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2. Determine applications for the operation of “B” doubles and Road Trains 3. Determine any conditions for approval [s.3.18]

Statutory Power Delegated

Local Government Act 1995 Section 3.18 Applications for Operation of “B” doubles and road trains

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.34 Partial Closure of Thoroughfares for Repairs or Maintenance Function Delegated Authority to partially and temporarily close a thoroughfare without giving

local public notice, if the closure: 1. Is for the purpose of carrying out repairs or maintenance; and 2. Is unlikely to have a significant adverse effect on users of the thoroughfare [s.3.50A]

Statutory Power Delegated

Local Government Act 1995 Section 3.50A Partial closure of thoroughfare for repairs and maintenance

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.35 Temporary Closure of Thoroughfares Function Delegated Authority to determine applications for the temporary closure of roads for

the purpose of conducting events in accordance with the Road Traffic (Events on Roads) Regulations 1991 [s.3.50]

Statutory Power Delegated

Local Government Act 1995 Section 3.50 Closing certain thoroughfares to vehicles

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for Section 5.44 CEO may delegate some powers and duties to other

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CEO to Sub-delegate employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.36 Variations and Extensions to Contracts Function Delegated Authority to approve minor variations and extensions to existing contracts

entered into by the local government [s.3.18] Statutory Power Delegated

Local Government Act 1995 Section 3.18 Variations and extensions to contracts

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. An option to extend must be specified in the original tender or contract documents 2. Any extension must be on the same terms and conditions as the last year of the original term (allowing for price increases in line with the contract provision for price, if any)

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.37 Initiate Prosecutions Function Delegated Authority to:

1. Initiate prosecutions and issue infringement notices on behalf of the Local Government under: (a) The Local Government Act 1995 and all Regulations made under the Local Government Act 1995; (b) The local government’s Local Laws made under the Local Government Act 1995; (c) Any other legislation in respect of which the local government has an obligation or a duty of enforcement 2. Appoint Prosecution Officers for fines, penalties, and infringement notices under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA) (“Enforcement Act 1994”) (including provide written notice to the Registrar that those officers are Prosecuting Officers for the purpose of s.13(2) of the Enforcement Act 1994).

Statutory Power Delegated

Local Government Act 1995 Section 3.18 Initiate prosecutions Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA) – section13(2)

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation Refer to Register of Delegations from CEO to Others

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To CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.38 Incurring Liabilities and Making Payments Function Delegated Authority to Incur liabilities and make payments [s.3.18] Statutory Power Delegated

Local Government Act 1995 Section 3.18 Incurring liabilities and making payments

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

1. Subject to the requirements of reg 13 of the Local Government (Financial Management) Regulations 1996 2. Authority to CEO is unlimited subject to funds being provided in the annual budget 3. Includes the authority to approve requisitions and purchase orders for the supply of goods and services, and authorising payments to suppliers

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.39 Property Management, Leases and Licences Function Delegated Authority to:

1. Process requests relating to leases and licences. 2. Negotiate terms, conditions, and rent for leases and licences. 3. Determine requests to renew existing leases and licences. 4. Determine requests to take up the option for a further term on a current lease or licence, provided there is no variation to the principle terms of the lease or licence, and all accounts being paid in full. 5. Determine requests to vary existing leases or licences, including rent. 6. Determine requests to assign leases. 7. Determine requests for a sublease where there is a current lease in place. 8. Surrender of a lease or licence. 9. Enforce the terms of a lease of licence, including seeking legal advice and/or taking legal action.

Statutory Power Delegated

Local Government Act 1995 Section 3.58 Disposing of Property

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

All new leases or licences (other than those delegated by Council) will be referred to Council for consideration

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Refer to Register of Delegations from CEO to Others

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Sub-delegation: Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.40 Property Management, Public Facilities, Municipal Halls, Parks, Reserves, Hire, Fees, Selling Goods Function Delegated Authority to:

1. Approve or refuse applications for the hire of recreation centres, facilities, halls, and buildings to the public, and determine conditions, including: (a) For signage (sporting and event hires); (b) Whether to waive or vary fees for charitable organisations or other persons; and (c) Determine the rights of lessees to sell goods to patrons attending events at venues owned or leased by the local government to various clubs and organisations 2. Manage local government facilities and recreational reserves (a) Allocate sporting facilities and recreational reserve grounds to season and casual hirers who may apply for the use of such facilities, including requests for use of turf matches and practice wickets; (b) Determine costs for damage to buildings, parks and recreational reserves; and (c) Approve or refuse service and tourist signage on reserves

Statutory Power Delegated

Local Government Act 1995 Section 3.58 Disposing of Property Section 3.54 Reserves under control of a local government Section 6.12(1)(b)&(3) Power to defer, grant discounts waive or write off debts

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Manage local government facilities and recreational reserves: (a) such use to be at an appropriate fee set by the Council; (b) having regard to existing and previous usage; (c) approval is to be based on the following criteria (unless Council resolves otherwise): (i) the event being conducted at no cost to the Council; (ii) the organiser to meet the costs of all outgoings; (iii) adjoining residential areas (if any) being notified of the event in advance; (iv) the local government being indemnified against any claims for damages; and (v) the Shire’s policy on signage (if any)

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.41 Electors’ General Meeting Function Delegated Authority to determine the day, date, and time of the annual Electors’

Genera Meeting [s.5.27(2)] Statutory Power Delegated

Local Government Act 1995 Section 3.18 Elector’s general meeting

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

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Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.42 Registration of Interest in Native Title Claim Function Delegated Authority to register an interest in any Native Title Claim affecting the

local government [s.3.18] Note: In order for Council to have sufficient interest to become a party to the Native Title Application.

Statutory Power Delegated

Local Government Act 1995 Section 3.18 Registration of Interest in Native Title Claim

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.43 Rate Book Function Delegated Authority to:

1. Discharge the obligations specified in s.6.39(2) of the Local Government Act 1995; and [s.6.39(2)] 2. Discharge the powers conferred in s.6.40 of the Local Government Act 1995 [s.6.40]

Statutory Power Delegated

Local Government Act 1995 Section 6.39(2) Rate Record Section 6.40 Effect of amendment to rate record

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.44 Transfer Money Held in the Trust Fund for More Than 10 Years Function Delegated Authority to determine whether money held in the Trust Fund for more

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than 10 years will be transferred to the Municipal Fund [s.6.9(4)] Statutory Power Delegated

Local Government Act 1995 Section 6.9(4) Trust Fund

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Where money has been held in the trust fund for 10 years it may be transferred by the local government to the municipal fund but the local government is required to repay the money, together with any interest earned from its investment, from that fund to a person claiming and establishing a right to the repayment

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

1.45 Vote on Motions at Mid West Regional Road Group Sub-Group Meetings Function Delegated Authority to vote on motions at Mid West Regional Road Group Sub-

Group meetings Statutory Power Delegated

Local Government Act 1995 Section 3.18 Vote on motions at the Mid West Regional Road Group Sub-Group meetings on behalf of the local government

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42 Delegation of some powers and duties to CEO Section 5.43 Limitations on delegations to the CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

The CEO may vote on motions at the Mid West Regional Road Group Sub-Group meetings on behalf of the local government only if: 1. An elected member of Council is not in attendance at the Sub-Group meeting; and 2. The Mid West Regional Road Group Policy & Procedure Manual allows the voting rights of RRG Elected Members to be passed onto the CEO or his delegated officer.

Statutory Power for CEO to Sub-delegate

Section 5.44 CEO may delegate some powers and duties to other employees Section 5.43 Limitations on delegations to the CEO

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

Bush Fires Act 1954 2.3 Prosecution of Offences and Infringement Notices Function Delegated Authority to:

1. Consider allegations of offences alleged to have been committed against the Bush Fires Act 1954 in the district; [s.59(1)] 2. To commence a prosecution for offences against the Bush Fires Act 1954; and [s.59(3)] 3. To serve an infringement note in the prescribed form pursuant to offences against the Bush Fires Act 1954. [s.59A(2)] Note: only the CEO or Shire President may withdraw infringement notices pursuant to regulation 4 of the Bush Fires (Infringements) Regulations 1958

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Statutory Power Delegated

Bush Fires Act 1954 Section 59(1) Prosecution of Offences Section 59A(2) Alternative procedure – infringement notices

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Bush Fires Act 1954 Section 59(3) Prosecution of Offences

Power Delegated To Chief Executive Officer Bush Fire Control Officer

Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

N/A The Bush Fires Act 1954 does not contain any power of further sub-delegation

CEO’s Sub-delegation To

Nil

CEO’s Conditions on Sub-delegation:

Nil

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19 Bush Fires Act 1954 – section 50

2.4 Prohibition on Use of Tractors or Engines Except Under Certain Conditions Function Delegated Authority to:

1. Determine whether to prohibit the operation of any tractor or self-propelled harvester that is not equipped with a fire extinguisher; and 2. Publish a notice in the district by — (a) publication in a newspaper circulating in that district; and (b) broadcast from a radio broadcasting station that gives radio broadcasting coverage to that district; and (c) display in prominent positions in that district, to prohibit the operation in the district of any tractor or self-propelled harvester other than a tractor or self-propelled harvester that is equipped with a fire extinguisher

Statutory Power Delegated

Bush Fires Act 1954 Section 27(3) Prohibition on use of tractors or engines except under certain conditions

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Bush Fires Act 1954 Section 48 Delegation by local government

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

N/A The Bush Fires Act 1954 does not contain any power of further sub-delegation

CEO’s Sub-delegation To

Nil

CEO’s Conditions on Sub-delegation:

Nil

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19 Bush Fires Act 1954 – section 50

2.5 Require Owner or Occupier of Land to Plough or Clear Fire-Break Function Delegated Authority to:

1. Determine, and give notice in writing, to an owner or occupier of land to plough, cultivate, scarify, burn or otherwise clear upon the land fire-breaks as required. [s.33(1)] 2. In the event that a party issued with a notice fails to comply with the notice: (a) To direct its bush fire control officer, or any other officer of the local government, to enter upon the subject land, with such workmen

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contractors and machinery the CEO deeds fit to carry out the requisitions of the notice which have not been complied with; and [s.33(4)] (b) To recover the cost of any action taken in this regard as a debt due from the owner or occupier of the land in a court of competent jurisdiction. [s.33(5)]

Statutory Power Delegated

Bush Fires Act 1954 Section 33(1), (4), & (5) Local government may require occupier of land to plough or clear fire-break

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Bush Fires Act 1954 Section 48 Delegation by local government

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

N/A The Bush Fires Act 1954 does not contain any power of further sub-delegation

CEO’s Sub-delegation To

Nil

CEO’s Conditions on Sub-delegation:

Nil

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19 Bush Fires Act 1954 – section 50

Building Act 2011 3.1 Designate Authorised Persons Under the Building Act 2011 Function Delegated Authority to designate a person employed by the local government under

the Local Government Act 1995 as an authorised person for the purposes of the Building Act 2011 in relation to buildings and incidental structures located, or proposed to be located, in the district of the local government [s.96(3)]

Statutory Power Delegated

Building Act 2011 Section 96(3) Designation of authorised persons

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Building Act 2011 Section 127 Delegation: special permit authorities and local governments

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Building Act 2011 Section 127(6A): Delegation: special permit authorities and local governments (powers of sub-delegation limited to CEO)

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

Planning and Development Act 2005 4.1 Directions Notice for Illegal Development Function Delegated Authority to:

1. Give a written direction to the owner or any other person undertaking an unauthorised development to stop, and not recommence, the development or that part of the development that is undertaken in contravention of the planning scheme, interim development order, or planning control area requirements. [s.214(2)] 2. Give a written direction to the owner or any other person who undertook an unauthorised development: (a) To remove, pull down, take up, or alter the development; and (b) To restore the land as nearly as practicable to its condition

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immediately before the development started, to the satisfaction of the local government [s.214(3)] 3. Give a written direction to the person whose duty it is to execute work, to execute that work where it appears that delay in the execution of the work to be executed under a planning scheme or interim development order would prejudice the effective operation of the planning scheme or interim development order [s.214(5)]

Statutory Power Delegated

Planning and Development Act 2005 Section 214(2), (3), & (5) Illegal development, responsible authority’s powers as to

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 5.42(1)(b) Delegation of some powers and duties to CEO

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Nil

CEO’s Sub-delegation To

Nil

CEO’s Conditions on Sub-delegation:

Nil

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

Food Act 2008 5.1 Appoint Authorised Officers Under the Food Act 2008 Function Delegated Authority to:

1. Appoint a person to be an authorised officer for the purposes of the Food Act 2008 [s.122(1)] 2. Appoint authorised officers as designated officers to issue, extend or withdraw infringements for offences against the Food Act 2008 [s.126(13)]

Statutory Power Delegated

Food Act 2008 Section 122(1) Appointment of authorised officer Section 126(13) Infringement Notices

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Section 118(2) Functions of enforcement agencies and delegation

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

A person who is a designated officer for the purposes of issuing infringement notices cannot be a designated officer for the purpose of extending or withdrawing infringements

Statutory Power for CEO to Sub-delegate

N/A The Food Regulation 2009 do not provide for sub-delegation

CEO’s Sub-delegation To

Nil

CEO’s Conditions on Sub-delegation:

Nil

Record keeping requirements

Food Act 2008 – section 122(3) - a list of authorised officers must be prepared and maintained in accordance with s.122(3)

Dog Act 1976 6.1 Enforce the Dog Act 1976 Function Delegated Authority to:

1. Exercise all powers and duties of the local government under the Dog Act 1976 and subsidiary legislation [s.10AA(1)] 2. The CEO is expressly authorised by the local government to further delegate any power or duty under the Dog Act 1976 and subsidiary legislation [s.10AA(3)]

Statutory Power Delegated

Dog Act 1976 All provisions of the Dog Act 1976 and subsidiary legislation

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Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Dog Act 1976 Section 10AA(1) Delegation of local government powers and duties

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

This appointment shall not affect the exercise or discharge of the local government itself of any power or function under the Dog Act 1976

Statutory Power for CEO to Sub-delegate

Dog Act 1976 Section 10AA(3) Delegation of local government powers and duties

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Dog Act 1976 – section 10AB Register of, and review of, delegations

Health Act 1911 7.1 Health Act- Appointment of Deputy Function Delegated Authority to exercise and discharge all and any of the powers and

functions of the local government in regard to the following Parts of the Health Act 1911: 1. Part IV Sanitary Provisions 2. Part V Dwellings 3. Part VI Public Buildings 4. Part VII Nuisances and Offensive Trades 5. Part VII(A) Drugs, Medicines, Disinfectants, Therapeutic Substances and Pesticides 6. Part IX Infectious Diseases; and 7. Part XV Miscellaneous provisions, all Regulations and By-Laws made pursuant to the above Parts of the Health Act

Statutory Power Delegated

Health Act 1911 Parts IV to VII(A), IX, & XV

Power Originally Assigned To

The Local Government

Statutory Power of Delegation

Health Act 1911 Section 26 Powers of local government (a local government may appoint and authorise any person to be its deputy)

Power Delegated To Chief Executive Officer Environmental Health Officer

Council’s Conditions on Delegation

This appointment shall not affect the exercise or discharge of the local government itself of any power or function under the Health Act 1911

Statutory Power for CEO to Sub-delegate

N/A

CEO’s Sub-delegation To

Nil

CEO’s Conditions on Sub-delegation:

Nil

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

Cat Act 2011 8.1 Appoint Authorised Persons Under the Cat Act 2011 Function Delegated Authority to:

1. Appoint persons or classes of persons to be authorised for the purpose of performing particular functions under the Cat Act 2011 [s.48(1)] 2. Determine conditions on any authorisation [s.48(3)] 3. Cancel or vary an authorisation [s.48(4)]

Statutory Power Delegated

Cat Act 2011 Section 48 Authorised Persons

Power Originally The Local Government

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Assigned To Statutory Power of Delegation

Cat Act 2011 Section 44 Delegation by Local Government

Power Delegated To Chief Executive Officer Council’s Conditions on Delegation

Nil

Statutory Power for CEO to Sub-delegate

Cat Act 2011 Section 45 Delegation by CEO of local government

CEO’s Sub-delegation To

Refer to Register of Delegations from CEO to Others

CEO’s Conditions on Sub-delegation:

Refer to Register of Delegations from CEO to Others

Record keeping requirements

Local Government Act 1995 – section 5.46(1) & (3) Local Government (Administration) Regulations 1996 - regulation 19

CARRIED/LOST

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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 45 of 99

12.3 Roads to Recovery Works Program 2016

Officer: Chief Executive Officer, Mr Warren Olsen

Amended By: Nil

Disclosure of Interest: Nil

Meeting Date: 15 April 2016

Matter for Consideration

To consider and, if thought appropriate, to endorse the works program for Roads to Recovery

funded Road Works to be completed by 30 June 2016.

Background

We have Roads to Recovery funding of $416,455 to be expended by 30 June 2016, otherwise

the funding will be forfeited.

Following the discussion from previous Council meetings in which it was indicated that

Council did not want to see a quarter of $1 million spent on Wallace Street, we have re-

scoped that job and have submitted works in Watson Street and at the Naughton

Street/Warren Street intersection to use the balance of the available funding.

Comment

These works have been uploaded into the Roads to Recovery system and have now been

approved by the Roads 2 Recovery administrators in Canberra:

$

Wallace Street 161,124

Fullwidth reconstruction to include lifting pavement profile to

increase run-off, and ensure profile ties in with Attwood Street

intersection for 30 m. Verge drainage to be reconstructed to match

improved longitudinal grade of road.

Watson Street (inc Racecourse Road) 149,900

Remove and replace seal pavement SLK 0 to SLK 1.90. Reseal

pavement SLK 1.9 to SLK 2.30

Naughton Street/Warren Street Intersection 105,431

Profile out and reseal approximately 1500m2 with asphalt to

minimise pavement damage.

TOTAL = $416,455

Policy Implications

Nil

Financial Implications

According to the quotes we have received and the estimates made, these works should be

fully funded, but we have allowed for a contribution of $2723 from own source funds.

Strategic Implications

Nil.

Voting Requirements

Simple Majority

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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 46 of 99

OFFICER RECOMMENDATION

Moved: Seconded: That the following proposed Roads to Recovery roadworks for the 2015-2016 financial year

be endorsed:

$

Wallace Street 161,124

Fullwidth reconstruction to include lifting pavement profile to increase run-

off, and ensure profile ties in with Attwood Street intersection for 30 m.

Verge drainage to be reconstructed to match improved longitudinal grade of

road.

Watson Street (inc Racecourse Road) 149,900

Remove and replace seal pavement SLK 0 to SLK 1.90. Reseal pavement SLK

1.9 to SLK 2.30

Naughton Street/Warren Street Intersection 105,431

Profile out and reseal approximately 1500m2 with asphalt to minimise

pavement damage.

TOTAL = $416,455

CARRIED/LOST

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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 47 of 99

12.4 Works Manager's Report to 15 April 2016

Officer: Works Manager, Mr Patrick O'Brien Amended by: Nil Disclosure of Interest: Nil Meeting Date: 15 April 2016

Previous Business Works are progressing towards installation of reticulation tanks & fence compound in

Federation Park. Concrete wheel chair accessible paths have been completed at Museum, linking sheds

with main Visitor Centre building. Flood Damage/Rural Roads

Works are presently at SLK 2.6 to 31.5 on Mount Farmer Road RN27, expected to be completed in the next few days, then progressing to Lennonville & Palmers Well Roads.

Grader maintenance patch grading has been carried out on Wondinong Road RN 55, Mount Access Road RN 62, Munbinia Access Road RN 23. Progressing to south of Shire to include Kirkalocka Station Access Road, Narndee West Road, Red Bluff Road. Will then start on full maintenance grading of roads, Nalbarra Road RN 33, Wogarno Road RN 44.

Aerodrome

Grading of inside boundary fence track & minor cleaning of vee drains to reduce vegetation has been carried out.

Spraying works on runway strips on 16/34 is to be carried out. RADS funding application for line marking is due to be submitted for assessment. Township Works in Progress Quotes/costing of works are being finalised for asphalt repair of Naughton/Warren Street

intersection. Awaiting additional quotes for remove/reseal costing of Race Course Rd (Watson Street)

and some additional resealing works on Watson Street. Also Wallace Street reconstruct/reseal works.

Replacement medical service signage has been received, installation of new signs is in progress.

Street sweeper is being utilised as required, ongoing. Investigation of replacement of damaged Oval lights is ongoing, looking at LED vandal

proof replacement options. Investigation of cable fault for Basketball Court lights is ongoing. Litter control around town is ongoing as required. Memorial Pool

Off season maintenance is to be investigated with a proposal from contractor. Council Properties

Various Council Properties are having minor maintenance works. Caravan park units 9 & 10 have been repainted & new aluminium sliding windows have

been installed. Caravan Park office replacement of office cupboard & new bench top is ongoing, to

include minor pamphlet shelving also in office to be rejuvenated. Disabled access to onsite van unit is ongoing, including widening of doorway, cement

path access, working towards compliance for disabled accommodation. Replacement of window awnings on units 13,14,15,16 have been completed, as the

existing awnings were an OHS hazard. Lot 452 Dowden, painting works are complete, new kitchen bench tops have been

ordered. New Floor coverings are scheduled to be installed. Sewerage pipe issues due to tree roots have been addressed at Lot 43 Hepburn & tree

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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 48 of 99

roots into leach drain have been removed at Lot 343 Laurie. Museum shed wall insulation repairs have been completed, and concrete paths

completed. Split system replacement on OP shop section of RTC building is ongoing. Tree lopping is scheduled shortly, commencing in rear of Caravan Park and other areas

as required, primarily to reduce likelihood of falling limbs. Weed spraying of verges, vacant council land is scheduled following recent rains.

Plant Maintenance Minor repairs have been completed on various plant. Volvo Loader, new cutting edge, also a replacement coolant tank has been fitted. Cat grader minor suspension seat repairs, and a minor coolant leak have been addressed. Replacement Hilux, Works Manager vehicle is to be ordered. New cutting edge for Bobcat is to be ordered. Investigation of plant trailer for transporting of Grader ute is ongoing.

Staff Durack competency operator training courses are continuing, ongoing. Traffic management course is expected for several staff in conjunction with Sandstone

early in May.

Voting Requirements Simple Majority.

OFFICER RECOMMENDATION

Moved: Seconded: That the report of the Works Manager be received.

CARRIED/LOST

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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 49 of 99

12.5 Accounts for Payment to 31 March 2016

Officer: Finance Manager, Ms Maureen Murat Amended By: Nil Disclosure of Interest: Nil Meeting Date: 15 April 2016 Application Accounts for payment totalling $ 524,225.57 Represented by- EFT’s 6612 to 6684 $ 486,597.35 Municipal Account Cheques 13496 to 13497 $ 37,628.22 Municipal Account Total $ 524,225.57 Background Nil. Comment Nil. Consultation Nil. Statutory Environment Local Government Act 1995 Policy Implications Nil. Financial Implications Nil. Strategic Implications Nil. Voting Requirements Simple Majority.

OFFICER RECOMMENDATION

Moved: Seconded: That Council note the payment of accounts for payment totalling $524,225.57. Represented by- EFT’s 6612 to 6684 $ 486,597.35 Municipal Account Cheques 13496 to 13497 $ 37,628.22 Municipal Account Total $ 524,225.57

CARRIED/LOST

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Voucher NoDate Payee's Name Particulars Amount

Other Funds

Trust

Direct 02/03/2016 PAYROLL PPE 01/03/2016 -28869.91

EFT6612 03/03/2016 CAROLE MINNEY Meeting Fee - January -334.59

EFT6613 03/03/2016 JORGEN JENSEN President Allowance & Meeting Fee - January -1217.92

EFT6614 03/03/2016 JOSEPH PATRICK O'BRIEN Meeting Fee - January -334.59

EFT6615 03/03/2016 MARIE ELIZABETH MORRIS Meeting Fee - January -334.59

EFT6616 03/03/2016 MARY FORD Meeting Fee - January -334.59

EFT6617 03/03/2016 ROBERT JASON HOMEWOOD D/President Allowance & Meeting Fee - January -555.42

EFT6618 04/03/2016 AUSTRALIA POST Postage - January 2016 -162.73

EFT6619 04/03/2016 COURIER AUSTRALIA Freight - Various -381.28

EFT6620 04/03/2016 IXOM OPERATIONS PTY LTD Pool - Chlorine Gas Cylinder Service Fee -79.11

EFT6621 04/03/2016 JOHN SCOUGALL Astro Rocks Fest 2016 - Prepare 2016 Funding

Application to Horizon Power Community

Sponsorship

-220.00

EFT6622 04/03/2016 LANDGATE Rural UV Schedule -79.00

EFT6623 04/03/2016 MALIBU NOMINEES PTY LTD Flood Damage Works - Works Supervisor - Cycle 6 -

01/02/2016 to 14/02/2016

-17552.70

EFT6624 04/03/2016 MEGAPHONE MEDIA Visitor Centre - Produce Visitor Centre 5 year

Business Plan; Obtain Accreditation for Visitor

Centre and Caravan Park; Implementation of

Bookeasy System and Website; Installation of New

Equipment at Visitor Centre - Initial Payment (30%)

-9438.00

EFT6625 04/03/2016 MT MAGNET WASTE DISPOSAL Town Rubbish Collection - January 2016 -18040.00

EFT6626 04/03/2016 PAUL MALCOLM NOBLE Lot 226 Watson - Install Concrete Steps & Rectify

Paving

-650.00

EFT6627 04/03/2016 RSM BIRD CAMERON Professional Services - Accounting - February -5598.76

EFT6628 04/03/2016 THE LUSCOMBE SYNDICATE Cleaning and Hygiene Products -348.81

EFT6629 04/03/2016 VIDGUARD SECURITY SYSTEMS Pool - Security Monitoring Fees - February 2016 -77.00

EFT6630 04/03/2016 WA LOCAL GOVERNMENT

ASSOCIATION

Training - Diploma 52756WA - CEO Performance

Appraisals Assessment Submission Cr Minney

-225.00

EFT6631 14/03/2016 DEAN CONTRACTING PTY LTD Flood Damage Works - Supply of Plant and

Operators - Cycle 6 - 01/02/2016 to 14/02/2016

-214005.00

Direct 16/03/2016 PAYROLL PPE 15/03/2016 -29275.24

EFT6632 16/03/2016 CAROLE MINNEY Meeting Fee - February -334.59

EFT6633 16/03/2016 JORGEN JENSEN Presidents Allowance & Meeting Fee - February -1217.92

EFT6634 16/03/2016 JOSEPH PATRICK O'BRIEN Meeting Fee - February -334.59

EFT6635 16/03/2016 MARIE ELIZABETH MORRIS Meeting Fee - February -334.59

EFT6636 16/03/2016 MARY FORD Meeting Fee - February -334.59

EFT6637 16/03/2016 ROBERT JASON HOMEWOOD D/Presidents Allowance & Meeting Fee-February -555.42

EFT6638 17/03/2016 HORIZON POWER Caravan Park - Electricity Account Adjustment -

Incorrect Unit Charge Applied - February 2015 to

February 2016

-15385.23

EFT6639 17/03/2016 TELSTRA Telstra Phone Account - February/March 2016 -2565.83

EFT6640 17/03/2016 WATER CORPORATION Museum - Water Use & Service Charges - 14/12/15

to15/02/16

-44.65

EFT6641 17/03/2016 HORIZON POWER Town Street Lighting - Electricity Account - February

2016

-4362.16

EFT6642 17/03/2016 BUNNINGS BUILDING SUPPLIES PTY

LTD

Depot - Ladder -176.70

EFT6643 17/03/2016 WEBFIRM PTY LTD Website Hosting Renewal - mtmagnet.wa.gov.au -

January 2016 to January 2017

-770.00

EFT6644 17/03/2016 AIT SPECIALISTS PTY LTD Professional Services - Fuel Tax Credits - February

2016

-73.59

EFT6645 17/03/2016 ATYEO'S ENVIRO HEALTH SERVICES EHO/BS Attendance - 08/02/16 - 12/02/16 -6330.50

EFT6646 17/03/2016 AUSTRALIAN COMMUNICATIONS &

MEDIA AUTHORITY

AWIB Site - Licence No 1959019/1 Expiry Date

18/02/2017

-43.00

EFT6647 17/03/2016 CANINE CONTROL Ranger Services - Friday 19 February 2016 and

Saturday 20 February 2016

-2310.00

EFT6648 17/03/2016 CEKA'S PEST MANAGEMENT Lot 618 - Mining and Pastoral Museum - Treat Big

Shed for Redback Spiders

-800.00

EFT6649 17/03/2016 CHILD SUPPORT AGENCY Payroll Deductions -1318.86

EFT6650 17/03/2016 FOURIER TECHNOLOGIES PTY LTD Computer Services - Managed IT Support Services -

March 2016

-2090.00

EFT6651 17/03/2016 GREAT NORTHERN RURAL SERVICES Caravan Park, Depot - Weed Control Chemicals &

Building Supplies

-750.24

EFT6652 17/03/2016 GREENFIELD TECHNICAL SERVICES Transport - Engineering Consultants - Investigate

Current Status with MRWA and Prepare New

Submission

-1232.00

Ordinary Meeting of Council held on the 15th April 2016

Confirmation in Respect of Accounts Authorised for Payment by the Chief Executive Officer

Page 51: AGENDA ORDINARY MEETING OF COUNCIL 15 APRIL 2016 · 2016-04-15 · Agenda for the Ordinary Meeting of Council_19 February 2016 Page 3 of 99 Shire of Mount Magnet Agenda for the Ordinary

Voucher NoDate Payee's Name Particulars Amount

Other Funds

Trust

EFT6653 17/03/2016 MALIBU NOMINEES PTY LTD Flood Damage Works - Works Supervisor - Cycle 7 -

15/02/16 to 28/02/16

-9022.20

EFT6654 17/03/2016 MAYTRONICS AUSTRALIA Swimming Pool - Supply Parts and Repair Faulty

Pool Cleaner

-826.02

EFT6655 17/03/2016 MOUNT MAGNET MEATS Australia Day 2016 - Consumables -497.50

EFT6656 17/03/2016 MT MAGNET POST & LOTTERIES Stationery Supplies -30.88

EFT6657 17/03/2016 MURCHISON HARDWARE Hardware Account - February 2016 -525.60

EFT6658 17/03/2016 PAUL MALCOLM NOBLE Richardson Street - Cut & Remove Damaged

Section of Footpath, Supply and Replace Concrete

-350.00

EFT6659 18/03/2016 PAUL MALCOLM NOBLE Richardson Street - Cut & Remove Damaged

Section of Footpath, Supply and Replace Concrete

-349.00

EFT6660 17/03/2016 SADLEIRS ROAD DISTRIBUTION

SERVICES

Freight -51.95

EFT6661 17/03/2016 SIGMA CHEMICALS Swimming Pool - Chemicals -277.71

EFT6662 17/03/2016 THE LUSCOMBE SYNDICATE Consumables and Cleaning Products -185.92

EFT6663 17/03/2016 TOLL IPEC PTY LTD Freight -64.20

EFT6664 17/03/2016 TRUCK CENTRE (WA) PTY LTD MA17, 1 DOZ344 - Filter Kits -586.32

EFT6665 17/03/2016 VIDGUARD SECURITY SYSTEMS Visitor Centre/Lot 618 Mining and Pastoral Museum -

Security Monitoring Fees - March 2016

-77.00

EFT6666 17/03/2016 WA TREASURY CORPORATION Loan 38 - Principal & Interest Repayment - March -6786.15

EFT6667 01/03/2016 WESTNET PTY LTD Internet Account - 01/03/16 to 01/04/16 -424.64

EFT6668 03/03/2016 PIVOTEL SATELLITE PTY LIMITED Satellite Phone Account 15/02/16 to 14/03/16 -250.00

Direct 30/03/2016 PAYROLL PPE 29/03/2016 -32436.93

EFT6669 31/03/2016 TELSTRA Mobile Phone Accounts - February - March 2016 -111.25

EFT6670 31/03/2016 TELSTRA Telephone Account - March - April 2016 -2588.74

EFT6671 31/03/2016 TELSTRA Mobile Phone Accounts - March - April 2016 -151.66

EFT6672 31/03/2016 BT SUPER FOR LIFE Superannuation Contributions -5.65

EFT6673 31/03/2016 MERCER SUPER TRUST Superannuation Contributions -650.05

EFT6674 31/03/2016 ASGARD Superannuation Contributions -1789.59

EFT6675 31/03/2016 THE UNIVERSAL SUPER SCHEME Superannuation Contributions -125.77

EFT6676 31/03/2016 THE UNIVERSAL SUPER SCHEME Superannuation Contributions -542.22

EFT6677 31/03/2016 AMP LIFE LIMITED Superannuation Contributions -798.00

EFT6678 31/03/2016 AUSTRALIAN SUPER Superannuation Contributions -4858.80

EFT6679 31/03/2016 CHILD SUPPORT AGENCY Payroll Deductions -1318.86

EFT6680 31/03/2016 HOST PLUS Superannuation Contributions -1944.35

EFT6681 31/03/2016 OPTIMUM CORPORATE SUPER Superannuation Contributions -3604.23

EFT6682 31/03/2016 WA LOCAL GOVT SUPER PLAN PTY

LTD

Superannuation Contributions -40172.93

EFT6683 08/03/2016 M2 COMMANDER PTY LIMITED Network Charges Contract - 28/02/16 to 27/03/16 -137.97

EFT6684 29/03/2016 CBA MASTERCARD CBA Mastercard - CEO - Community Benefit Fund -

Mitchell and Brown - Freezer for Mount Magnet

Senior Citizens Group; Dell Australia - Library - Laser

MFP, Toner and Cable; Hightail - Subscription -

Large File Transfers; Hotels.com - Accommodation

CEO - Meekatharra 21/03/2016; Austin Computers -

Visitor Centre - UPS; Impact Communications -

Conference Registration - Sustainable Economic

Development in WA - Cr Jensen, MRVC - Dr

Cosgrove & Mr Carbone; m.wave.com.au -

Administration Office - 5 x UPS; Hotels.com -

Accommodation - Cr Morris 11/04/16 to 14/04/16 - 3

Nights; Hotels.com - Accommodation - Cr Morris

18/04/16 to 20/04/16 - 2 Nights; CBA Mastercard -

Administration Supervisor - At the Flower Pot -

Flower Arrangement - Mr Alex King; Skippers

Aviation - Flight - Consultant -Dr John Gates

-5576.56

13496 03/03/2016 HORIZON POWER Electricity Accounts - 08/12/15 to 05/02/16 -17299.08

13497 16/03/2016 WATER CORPORATION Water Use & Service Charges - 15/12/15 to16/02/16 -20329.14

Municipal Fund 524,225.57-$ -$

Trust Fund Accounts -$

Loan Capital Accounts 0.00 0.00

Trading Fund Accounts 0.00 0.00

Other Fund Accounts 0.00 0.00

TOTAL 524,225.57-$ -$

CHAIR 15 April 2016

Ordinary Meeting of Council held on the 15th April 2016

Confirmation in Respect of Accounts Authorised for Payment by the Chief Executive Officer

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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 52 of 99

12.6 Financial Activity Statement to 31 March 2015

Officer: Finance Manager, Ms Maureen Murat Amended By: Nil Disclosure of Interest: Nil Meeting Date: 15 April 2016 Application To consider the Financial Reports for the period ending 31 March 2016, attached. Background Financial Activity Statement Report – s.6.4 (1) A local government is to prepare each month a statement of financial activity reporting

on the sources and applications of funds, as out in the annual budget under regulation 22(1)(d), for that month in the following detail – (a) Annual budget estimates, taking into account any expenditure incurred for an

additional purpose under section 6.8(1)(b) or (c); (b) Budget estimates to the end of the month to which the statement relates; (c) Actual amounts of expenditure, revenue and income to the end of the month to

which the statement relates; (d) Material variances between the comparable amounts referred to in paragraphs (b)

and (c); and (e) The net current assets at the end of the month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents containing- (a) an explanation of the composition of the net current assets of the month to which

the statement relates, less committed assets and restricted assets; (b) An explanation of each of the material variances referred to in sub-regulation

(1)(d); and (c) Such other supporting information as is considered relevant by the local

government. (3) The information in a statement of financial activity may be shown –

(a) According to nature and type classification, (b) By program; or (c) By business unit.

(4) A statement of financial activity, and the accompanying documents referred to in sub-regulation (2), are to be – (a) presented to the council –

(i) at the next ordinary meeting of the council following the end of the month to which the statement relates; or

(ii) if the statement is not prepared in time to present it to the meeting referred to in subparagraph (i), to the next ordinary meeting of the council after that meeting; and

(b) recorded in the minutes of the meeting at which it is presented. (5) Each financial year, a local government is to adopt a percentage or value, calculated in

accordance with AAS 5, to be used in statements of financial activity for reporting material variances.

(6) In this regulation –} committed assets~ means revenue unspent but set aside under the annual budget for a specific purpose; } restricted assets~ have the same meaning as in AAS 27.[Regulation 34 inserted in Gazette 31 Mar 2005 p. 1049-50.] [35. Repealed in Gazette 31 Mar 2005 p. 1050.]

Comment A monthly financial report is to be presented to Council at the next Ordinary Meeting following the end of the reporting period.

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Agenda for the Ordinary Meeting of Council_19 February 2016 Page 53 of 99

Statement of Financial Activity:

Significant Accounting Policies.

Graphical Representation.

Net Current Funding Position.

Cash and Investments.

Major Variances.

Budget Amendments.

Receivables.

Grants and Contributions.

Cash Backed Reserves.

Capital Disposals and Acquisitions.

Trust. Consultation Travis Bate - Accountant - RSM Bird Cameron. Statutory Environment Local Government Act 1995 Section 6.4 Financial Report. Financial Management Regulations 34 & 35. Policy Implications Nil. Financial Implications Nil. Strategic Implications Nil. Voting Requirements Simple Majority.

OFFICER RECOMMENDATION

Moved: Seconded: That the Financial Report for the period ending 31 March 2016 be received.

CARRIED/LOST

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SHIRE OF MOUNT MAGNET

MONTHLY FINANCIAL REPORT

For the Period Ended 31 March 2016

LOCAL GOVERNMENT ACT 1995

LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) REGULATIONS 1996

TABLE OF CONTENTS

Compilation Report

Monthly Summary Information

Statement of Financial Activity by Program

Statement of Financial Activity By Nature or Type

Statement of Capital Acquisitions and Capital Funding

Statement of Budget Amendments

Note 1 Significant Accounting Policies

Note 2 Explanation of Material Variances

Note 3 Net Current Funding Position

Note 4 Cash and Investments

Note 5 Budget Amendments

Note 6 Receivables

Note 7 Cash Backed Reserves

Note 8 Capital Disposals

Note 9 Capital Acquisitions

Note 10 Rating Information

Note 11 Grants and Contributions

Note 12 Trust

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THE POWER OF BEING UNDERSTOODAUDIT | TAX | CONSULTING

RSM Australia Pty Ltd is a member of the RSM network and trades as RSM. RSM is the trading name used by the members of the RSM network. Each member of the RSM network is an independent accounting and consulting firm which practices in its own right. The RSM network is not itself a separate legal entity in any jurisdiction.

RSM Australia Pty Ltd ACN 009 321 377 atf Birdanco Practice Trust ABN 65 319 382 479 trading as RSM

Liability limited by a scheme approved under Professional Standards Legislation

RSM Australia Pty Ltd

8 St Georges Terrace Perth WA 6000GPO Box R1253 Perth WA 6844

T +61 (0) 8 9261 9100F +61 (0) 8 9261 9101

www.rsm.com.au

Compilation Report

To the Council

Shire of Mount Magnet Scope

We have compiled the accompanying special purpose financial statements for the period ended 31 March 2016.

The specific purpose for which the special purpose financial report has been prepared is to provide information relating to the financial performance and financial position of the Shire that satisfies the information needs of the Council and the Local Government Act 1995 and associated regulations.

The responsibility of the Shire

The Shire is solely responsible for the information contained in the special purpose financial report and have determined that the accounting policies used are consistent and are appropriate to satisfy the requirements of the Council and the Local Government Act 1995 and associated regulations.

Our responsibility

On the basis of information provided by the Shire, we have compiled the accompanying special purpose financial statements.

Our procedures use accounting expertise to collect, classify and summarise the financial information, which the Management provided, into a financial report. Our procedures do not include any verification or validation procedures. No audit or review has been performed and accordingly no assurance is expressed.

To the extent permitted by law, we do not accept liability for any loss or damage which any person, other than the Shire of Mount Magnet, may suffer arising from negligence on our part. No person should rely on the report without having an audit or review conducted.

This report was prepared for the benefit of the Council of the Shire of Mount Magnet and the purpose identified above. We do not accept responsibility to any other person for the content of the report.

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Page 2 of 2

It has been advised to the Shire of Mount Magnet that there is a variance of $386 between the Trust Asset and the Trust Liability account.

Signed at GERALDTON RSM Australia Pty Ltd Chartered Accountants

Date 9 March 2016

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Cash and Cash Equivalents

as at period end

Unrestricted 396,037$

Restricted 2,180,749$

2,576,786$

Receivables

Rates 655,469$

Other 43,928$

699,397$

Comments

This information is to be read in conjunction with the accompanying Financial Statements and notes.

Shire of Mount MagnetMonthly Summary Information

For the Period Ended 31 March 2016

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

2,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Am

ou

nt

$ (

'0

00

s)

Liquidity Over the Year (Refer Note 3)

2013-14

2014-15

2015-16

Current37%

30 Days9%

60 Days22%

90+Days32%

Accounts Receivable Ageing (non- rates) (Refer Note 6)

0

10

20

30

40

50

60

70

80

90

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

% C

olle

cte

d

Rates Receivable (Refer Note 6)

Month 2014-15

Month 2015-16

2

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Comments

This information is to be read in conjunction with the accompanying Financial Statements and notes.

Shire of Mount MagnetMonthly Summary Information

For the Period Ended 31 March 2016

$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000

Buildings

Plant & Equipment

Furniture & Equipment

Roadworks

Other Infrastructure

Capital Expenditure Program YTD (Refer Note 9)

Actual Budget

$0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000

Leave Reserve

Airport Reserve

Building Reserve

Plant Reserve

Community Bus Reserve

Road Reserve

Infrastructure Reserve

CLGF Recreation Precinct/Youth Centre

Year To Date Reserve Balance to End of Year Estimate (Refer Note 7)

Actual YTD Closing Balance

Budget Closing Balance

3

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Revenues

Expenditure

Comments

This information is to be read in conjunction with the accompanying Financial Statements and notes.

Shire of Mount MagnetMonthly Summary Information

For the Period Ended 31 March 2016

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Am

ou

nt

$ (

'00

0s)

Month ending

Budget Operating Expenses -v- YTD Actual (Refer Note 2)

Budget 2015-16

Actual 2015-16

0

500

1,000

1,500

2,000

2,500

3,000

3,500

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Am

ou

nt

$ (

'00

0s)

Month ending

Budget Operating Revenues -v- Actual (Refer Note 2)

Budget 2015-16

Actual 2015-16

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Am

ou

nt

$ (

'00

0s)

Month ending

Budget Capital Expenses -v- Actual (Refer Note 2)

Budget 2015-16

Actual 2015-16

0

1,000

2,000

3,000

4,000

5,000

6,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunA

mo

un

t $

( '0

00

s)Month ending

Budget Capital Revenue -v- Actual (Refer Note 2)

Budget 2015-16

Actual 2015-16

4

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Var. $

(b)-(a)

Var. %

(b)-(a)/(a) Var.Note

Operating Revenues $ $ $ $ %Governance 11,000 9,750 14,926 5,176 53.09% General Purpose Funding - Rates 10 1,127,194 1,127,194 1,134,249 7,055 0.63% General Purpose Funding - Other 893,017 673,483 669,039 (4,444) (0.66%)Law, Order and Public Safety 10,110 7,653 7,639 (14) (0.18%)Health 1,500 1,250 878 (372) (29.76%)Education and Welfare 0 0 45,101 45,101 pHousing 28,000 20,970 30,662 9,692 46.22% Community Amenities 121,500 116,997 125,271 8,274 7.07% Recreation and Culture 67,941 53,102 39,274 (13,828) (26.04%)Transport 313,460 251,861 285,807 33,946 13.48% pEconomic Services 293,500 218,519 215,495 (3,024) (1.38%)Other Property and Services 51,831 38,865 40,143 1,278 3.29%

Total Operating Revenue 2,919,053 2,519,644 2,608,484 88,840Operating ExpenseGovernance (349,607) (265,486) (213,976) 51,510 19.40% pGeneral Purpose Funding (116,380) (82,020) (83,830) (1,810) (2.21%)Law, Order and Public Safety (89,300) (67,600) (67,444) 156 0.23% Health (44,170) (33,120) (32,460) 660 1.99% Education and Welfare (16,624) (15,099) (8,254) 6,845 45.33% Housing (189,563) (141,953) (127,974) 13,979 9.85% Community Amenities (293,996) (216,894) (218,901) (2,007) (0.93%)Recreation and Culture (871,694) (665,968) (677,703) (11,735) (1.76%)Transport (1,088,464) (819,797) (778,143) 41,654 5.08% Economic Services (866,981) (652,248) (650,947) 1,301 0.20% Other Property and Services (321,138) (258,492) (103,779) 154,713 59.85% p

Total Operating Expenditure (4,247,917) (3,218,677) (2,963,411) 255,266

Funding Balance AdjustmentsAdd back Depreciation 1,211,915 908,856 890,104 (18,752) (2.06%)

Adjust (Profit)/Loss on Asset Disposal 8 (25,286) (18,963) (10,870) 8,093 (42.68%)Adjust Movement Deferred Pensioner

Rates 0 0 (7,412)Net Cash from Operations (142,235) 190,860 516,895 333,447

Capital Revenues

Grants, Subsidies and Contributions 11 4,562,879 3,045,989 927,187 (2,118,802) (69.56%) qProceeds from Disposal of Assets 8 62,800 47,097 33,636 (13,461) (28.58%)

Total Capital Revenues 4,625,679 3,093,086 960,823 (2,132,263)Capital ExpensesLand and Buildings 9 (820,247) (510,514) (250,447) 260,067 50.94% pPlant and Equipment 9 (151,948) (113,958) (44,379) 69,579 61.06% pFurniture and Equipment 9 (42,827) (36,115) (23,299) 12,816 35.49% Infrastructure - Roads 9 (3,813,518) (2,902,681) (1,350,820) 1,551,861 53.46% pInfrastructure - Other 9 (1,100,110) (515,835) (443,102) 72,733 14.10% p

Total Capital Expenditure (5,928,650) (4,079,103) (2,112,047) 1,967,056

Net Cash from Capital Activities (1,302,971) (986,017) (1,151,224) (165,207)

FinancingTransfer from Reserves 7 413,806 413,806 0 (413,806) (100.00%)Repayment of Debentures 13 (37,247) (37,247) (37,247) 0 0.00% Transfer to Reserves 7 (155,536) (38,250) (39,020) (770) (2.01%)

Net Cash from Financing Activities 221,023 338,309 (76,267) (414,576)

Net Operations, Capital and Financing (1,224,183) (456,848) (710,596) (246,336)

Opening Funding Surplus(Deficit) 3 1,229,702 1,229,702 1,229,702 0 0.00%

Closing Funding Surplus(Deficit) 3 5,519 772,854 519,106 (246,336)

Indicates a variance between Year to Date (YTD) Budget and YTD Actual data as per the adopted materiality threshold.Refer to Note 2 for an explanation of the reasons for the variance.

This statement is to be read in conjunction with the accompanying Financial Statements and notes.

SHIRE OF MOUNT MAGNETSTATEMENT OF FINANCIAL ACTIVITY

(Statutory Reporting Program)For the Period Ended 31 March 2016

YTD

Budget

(a)

YTD

Actual

(b)

Annual

Budget

5

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Var. $

(b)-(a)

Var. %

(b)-(a)/(a) Var.Note

Operating Revenues $ $ $ $ %Rates 10 1,127,194 1,127,194 1,134,249 7,055 0.63% Operating Grants, Subsidies and 0 Contributions 11 966,643 742,683 785,411 42,728 5.75% Fees and Charges 669,030 532,635 546,596 13,961 2.62% Interest Earnings 74,900 56,175 58,290 2,115 3.77% Other Revenue 56,000 41,994 73,068 31,074 74.00% pProfit on Disposal of Assets 8 25,286 18,963 10,870 (8,093) (42.68%)

Total Operating Revenue 2,919,053 2,519,644 2,608,484 96,933Operating ExpenseEmployee Costs (1,432,866) (1,080,488) (1,016,834) 63,654 5.89% Materials and Contracts (1,086,588) (825,923) (660,648) 165,275 20.01% pUtility Charges (239,410) (173,197) (167,114) 6,083 3.51% Depreciation on Non-Current Assets (1,211,915) (908,856) (890,104) 18,752 2.06% Interest Expenses (16,525) (16,525) (10,269) 6,256 37.86% Insurance Expenses (105,843) (103,480) (102,800) 680 0.66% Other Expenditure (154,770) (110,208) (115,642) (5,434) (4.93%)

Total Operating Expenditure (4,247,917) (3,218,677) (2,963,411) 255,266

Funding Balance AdjustmentsAdd back Depreciation 1,211,915 908,856 890,104 (18,752) (2.06%)

Adjust (Profit)/Loss on Asset Disposal 8 (25,286) (18,963) (10,870) 8,093 (42.68%)Adjust Movement Deferred Pensioner

Rates 0 0 (7,412)Net Cash from Operations (142,235) 190,860 516,895 341,540

Capital Revenues

Grants, Subsidies and Contributions 11 4,562,879 3,045,989 927,187 (2,118,802) (69.56%) qProceeds from Disposal of Assets 8 62,800 47,097 33,636 (13,461) (28.58%)

Total Capital Revenues 4,625,679 3,093,086 960,823 (2,132,263)Capital ExpensesLand and Buildings 9 (820,247) (510,514) (250,447) 260,067 50.94% pPlant and Equipment 9 (151,948) (113,958) (44,379)Furniture and Equipment 9 (42,827) (36,115) (23,299)Infrastructure - Roads 9 (3,813,518) (2,902,681) (1,350,820) 1,551,861 53.46% pInfrastructure - Other 9 (1,100,110) (515,835) (443,102) 72,733 14.10% p

Total Capital Expenditure (5,928,650) (4,079,103) (2,112,047) 1,884,661

Net Cash from Capital Activities (1,302,971) (986,017) (1,151,224) (247,602)

FinancingTransfer from Reserves 7 413,806 413,806 0 (413,806) (100.00%)Repayment of Debentures 13 (37,247) (37,247) (37,247) 0 0.00% Transfer to Reserves 7 (155,536) (38,250) (39,020) (770) (2.01%)

Net Cash from Financing Activities 221,023 338,309 (76,267) (414,576)

Net Operations, Capital and Financing (1,224,183) (456,848) (710,596) (320,638)

Opening Funding Surplus(Deficit) 3 1,229,702 1,229,702 1,229,702 0 0.00%

Closing Funding Surplus(Deficit) 3 5,519 772,854 519,106 (320,638)

Indicates a variance between Year to Date (YTD) Budget and YTD Actual data as per the adopted materiality threshold.Refer to Note 2 for an explanation of the reasons for the variance.

This statement is to be read in conjunction with the accompanying Financial Statements and notes.

SHIRE OF MOUNT MAGNETSTATEMENT OF FINANCIAL ACTIVITY

(By Nature or Type)For the Period Ended 31 March 2016

Annual

Budget

YTD

Budget

(a)

YTD

Actual

(b)

6

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1. SIGNIFICANT ACCOUNTING POLICIES

(a) Basis of AccountingThis statement comprises a special purpose financial report which has been prepared in accordance

with Australian Accounting Standards (as they apply to local governments and not-for-profit entities),

Australian Accounting Interpretations, other authoritative pronouncements of the Australian Accounting Standards Board, the Local Government Act 1995 and accompanying regulations. Material accounting policies which have been adopted in the preparation of this statement are presented below and have beenconsistently applied unless stated otherwise.

Except for cash flow and rate setting information, the report has also been prepared on the accrual basis and is based on historical costs, modified, where applicable, by the measurement at fair value of selected non-current assets, financial assets and liabilities.

Critical Accounting EstimatesThe preparation of a financial report in conformity with Australian Accounting Standards requires management to make judgements, estimates and assumptions that effect the application of policies and reported amounts of assets and liabilities, income and expenses.

The estimates and associated assumptions are based on historical experience and various other factors that are believed to be reasonable under the circumstances; the results of which form the basis of making the judgements about carrying values of assets and liabilities that are not readily apparent from other sources. Actual results may differ from these estimates.

(b) The Local Government Reporting EntityAll Funds through which the Council controls resources to carry on its functions have been included in this statement.

In the process of reporting on the local government as a single unit, all transactions and balancesbetween those funds (for example, loans and transfers between Funds) have been eliminated.

All monies held in the Trust Fund are excluded from the statement, but a separate statement of thosemonies appears at Note 12.

(c) Rounding Off FiguresAll figures shown in this statement are rounded to the nearest dollar.

(d) Rates, Grants, Donations and Other ContributionsRates, grants, donations and other contributions are recognised as revenues when the local government obtains control over the assets comprising the contributions. Control over assets acquired from rates isobtained at the commencement of the rating period or, where earlier, upon receipt of the rates.

(e) Goods and Services TaxRevenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office (ATO).

Receivables and payables are stated inclusive of GST receivable or payable.The net amount of GST recoverable from, or payable to, the ATO is included with receivables or payables in the statement of financial position.

Cash flows are presented on a gross basis. The GST components of cash flows arising from investing or financing activities which are recoverable from, or payable to, the ATO are presented as operatingcash flows.

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

7

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1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(f) Cash and Cash EquivalentsCash and cash equivalents include cash on hand, cash at bank, deposits available on demand with banks and other short term highly liquid investments that are readily convertible to known amounts of cash and which are subject to an insignificant risk of changes in value and bank overdrafts.

Bank overdrafts are reported as short term borrowings in current liabilities in the statement of financial position.

(g) Trade and Other ReceivablesTrade and other receivables include amounts due from ratepayers for unpaid rates and service charges and other amounts due from third parties for goods sold and services performed in the ordinary course of business.

Receivables expected to be collected within 12 months of the end of the reporting period are classified as current assets. All other receivables are classified as non-current assets.

Collectability of trade and other receivables is reviewed on an ongoing basis. Debts that are known to be uncollectible are written off when identified. An allowance for doubtful debts is raised when there is objective evidence that they will not be collectible.

(h) InventoriesGeneralInventories are measured at the lower of cost and net realisable value.

Net realisable value is the estimated selling price in the ordinary course of business less the estimated costs of completion and the estimated costs necessary to make the sale.

Land Held for ResaleLand held for development and sale is valued at the lower of cost and net realisable value. Cost includes the cost of acquisition, development, borrowing costs and holding costs until completion of development.Finance costs and holding charges incurred after development is completed are expensed.

Gains and losses are recognised in profit or loss at the time of signing an unconditional contract of sale if significant risks and rewards, and effective control over the land, are passed on to the buyer at this point.

Land held for sale is classified as current except where it is held as non-current based on Council’s intentions to release for sale.

(i) Fixed AssetsAll assets are initially recognised at cost. Cost is determined as the fair value of the assets given asconsideration plus costs incidental to the acquisition. For assets acquired at no cost or for nominalconsideration, cost is determined as fair value at the date of acquisition. The cost of non-current assetsconstructed by the local government includes the cost of all materials used in the construction, directlabour on the project and an appropriate proportion of variable and fixed overhead.

Certain asset classes may be revalued on a regular basis such that the carrying values are not materiallydifferent from fair value. Assets carried at fair value are to be revalued with sufficient regularity to ensurethe carrying amount does not differ materially from that determined using fair value at reporting date.

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

8

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1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(j) Depreciation of Non-Current AssetsAll non-current assets having a limited useful life are systematically depreciated over their usefullives in a manner which reflects the consumption of the future economic benefits embodied inthose assets.

Depreciation is recognised on a straight-line basis, using rates which are reviewed each reportingperiod. Major depreciation rates and periods are:

Buildings 50 to 100 yearsFurniture and Equipment 4 to 10 yearsPlant and Equipment 5 to 15 yearsSealed Roads and StreetsFormation not depreciatedPavement 50 yearsSealBituminous Seals 20 yearsAsphalt Surfaces 25 yearsGravel RoadsFormation not depreciatedPavement 50 yearsGravel Sheet 12 yearsFormed Roads (unsealed)Formation not depreciatedPavement 50 yearsFootpaths - slab 40 yearsSewerage Piping 100 yearsWater Supply Piping and Drainage Systems 75 years

(k) Trade and Other PayablesTrade and other payables represent liabilities for goods and services provided to the Council prior to the end of the financial year that are unpaid and arise when the Council becomes obliged to make future payments in respect of the purchase of these goods and services. The amounts are unsecured, are recognised as a current liability and are normally paid within 30 days of recognition.

(l) Employee BenefitsThe provisions for employee benefits relates to amounts expected to be paid for long service leave, annual leave, wages and salaries and are calculated as follows:

(i) Wages, Salaries, Annual Leave and Long Service Leave (Short-term Benefits)The provision for employees’ benefits to wages, salaries, annual leave and long service leave expected tobe settled within 12 months represents the amount the Shire has a present obligation to pay resulting from employees services provided to balance date. The provision has been calculated at nominal amounts based on remuneration rates the Shire expects to pay and includes related on-costs.

(ii) Annual Leave and Long Service Leave (Long-term Benefits)The liability for long service leave is recognised in the provision for employee benefits and measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date using the project unit credit method. Consideration is given to expected future wage and salary levels, experience of employee departures and periods of service. Expected future paymentsare discounted using market yields at the reporting date on national government bonds with terms to maturity and currency that match as closely as possible, the estimated future cash outflows. Where theShire does not have the unconditional right to defer settlement beyond 12 months, the liability is recognised as a current liability.

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

9

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1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(m) Interest-bearing Loans and BorrowingsAll loans and borrowings are initially recognised at the fair value of the consideration received lessdirectly attributable transaction costs.

After initial recognition, interest-bearing loans and borrowings are subsequently measured at amortisedcost using the effective interest method. Fees paid on the establishment of loan facilities that areyield related are included as part of the carrying amount of the loans and borrowings.

Borrowings are classified as current liabilities unless the Council has an unconditional right to defersettlement of the liability for at least 12 months after the balance sheet date.

Borrowing CostsBorrowing costs are recognised as an expense when incurred except where they are directly attributableto the acquisition, construction or production of a qualifying asset. Where this is the case, they arecapitalised as part of the cost of the particular asset.

(n) ProvisionsProvisions are recognised when: The council has a present legal or constructive obligation as a result ofpast events; it is more likely than not that an outflow of resources will be required to settle the obligation;and the amount has been reliably estimated. Provisions are not recognised for future operating losses.

Where there are a number of similar obligations, the likelihood that an outflow will be required in settlementis determined by considering the class of obligations as a whole. A provision is recognised even if the likelihood of an outflow with respect to any one of item included in the same class of obligations may besmall.

(o) Current and Non-Current ClassificationIn the determination of whether an asset or liability is current or non-current, consideration is given to thetime when each asset or liability is expected to be settled. The asset or liability is classified as currentif it is expected to be settled within the next 12 months, being the Council's operational cycle. In thecase of liabilities where Council does not have the unconditional right to defer settlement beyond 12 months,such as vested long service leave, the liability is classified as current even if not expected to be settledwithin the next 12 months. Inventories held for trading are classified as current even if not expected to berealised in the next 12 months except for land held for resale where it is held as non current based onCouncil's intentions to release for sale.

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

10

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1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(p) Nature or Type Classifications

RatesAll rates levied under the Local Government Act 1995. Includes general, differential, specific arearates, minimum rates, interim rates, back rates, ex-gratia rates, less discounts offered. Exclude administration fees, interest on instalments, interest on arrears and service charges.

Operating Grants, Subsidies and ContributionsRefer to all amounts received as grants, subsidies and contributions that are not non-operating grants.

Non-Operating Grants, Subsidies and ContributionsAmounts received specifically for the acquisition, construction of new or the upgrading of non­current assets paid to a local government, irrespective of whether these amounts are received as capital grants, subsidies, contributions or donations.

Profit on Asset DisposalProfit on the disposal of assets including gains on the disposal of long term investments.Losses are disclosed under the expenditure classifications.

Fees and ChargesRevenues (other than service charges) from the use of facilities and charges made for local government services, sewerage rates, rentals, hire charges, fee for service, photocopying charges, licences, sale of goods or information, fines, penalties and administration fees.

Service ChargesService charges imposed under Division 6 of Part 6 of the Local Government Act 1995. Regulation 54 of the Local Government (Financial Management) Regulations 1996 identifies the These are televisionand radio broadcasting, underground electricity and neighbourhood surveillance services. Exclude rubbish removal charges. Interest and other items of a similar nature received from bank and investment accounts, interest on rate instalments, interest on rate arrears and interest on debtors.

Interest EarningsInterest and other items of a similar nature received from bank and investment accounts, interest on rate instalments, interest on rate arrears and interest on debtors.

Other Revenue / IncomeOther revenue, which can not be classified under the above headings, includes dividends, discounts, rebates etc.

Employee CostsAll costs associate with the employment of a person such as salaries, wages, allowances, benefits such as vehicle and housing, superannuation, employment expenses, removal expenses, relocation expenses, worker's compensation insurance, training costs, conferences, safety expenses, medical examinations, fringe benefit tax, etc.

Materials and ContractsAll expenditures on materials, supplies and contracts not classified under other headings. These include supply of goods and materials, legal expenses, consultancy, maintenance agreements, communication expenses, advertising expenses, membership, periodicals, publications, hire expenses, rental, leases, postage and freight etc. Local governments may wish to disclose more detail such as contract services, consultancy, information technology, rental or lease expenditures.

Utilities (Gas, Electricity, Water, etc.)Expenditures made to the respective agencies for the provision of power, gas or water. Exclude expenditures incurred for the reinstatement of roadwork on behalf of these agencies.

For the Period Ended 31 March 2016

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

11

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1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(q) Nature or Type Classifications (Continued)

InsuranceAll insurance other than worker's compensation and health benefit insurance included as a cost of employment.

Loss on asset disposalLoss on the disposal of fixed assets.

Depreciation on non-current assetsDepreciation expense raised on all classes of assets.

Interest expensesInterest and other costs of finance paid, including costs of finance for loan debentures, overdraft accommodation and refinancing expenses.

Other expenditureStatutory fees, taxes, provision for bad debts, member's fees or levies including WA Fire Brigade Levy and State taxes. Donations and subsidies made to community groups.

(r) Statement of Objectives

In order to discharge its responsibilities to the community, the Shire has developed a set ofoperational and financial objectives. These objectives have been established both on an overallbasis and for each of its broad activities/programs.Based upon feedback received from the community the vision of the Shire is:

(s) Reporting Programs

Council operations as disclosed in this statement encompass the following service orientatedactivities/programs:

GOVERNANCEThis includes those income and expenses relating to Councillors, and Council's Governance role,and a portion of Administration which cannot be reliably allocated or linked to other programs.

GENERAL PURPOSE FUNDINGThis includes income relating to Rating; the Untied Financial Assistance Grants; and Interest on Investments. It also includes expenses related to Rating functions.

LAW, ORDER, PUBLIC SAFETYIncludes items of Bushfire prevention actions; Ranger services & Animal control; SES Items as wellas supervision, related costs & enforcement of Local Laws.

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

12

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1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(s) Reporting Programs (Continued)

HEALTHInvolves food inspection, control and licensing of food outlets, food hygiene and promotion,Mosquito Control & other Health issues including Aboriginal Health.

EDUCATION AND WELFAREThe program includes Prizes/Donations applicable to School events & certain Youth relateditems.

HOUSINGThis mainly involves the Pensioner Units; Staff Housing has generally been allocated to specificprograms.

COMMUNITY AMENITIESThis includes rubbish/Sanitaion collection & disposal items; Flood Mitigation works; TownPlanning; Public Toilets & Cemeteries.

RECREATION AND CULTUREPublic Halls & Community Centres; Swimming Pool & Recreation Centre; Parks & Gardensitems; The Recreation/Physical Activities Officer & related expeses; The Recreation Centre &Oval; other Recreation items; Library operations; as well as TV & Radio broadcasting.

TRANSPORTMaintenance & Construction of roads, bridges, drainage, footpaths; cleaning & lighting of streets;Verge & tree maintenance; large plant & machine replacements.

ECONOMIC SERVICESTourism operations; Building control matters; Community Development Officer & Caravan Park.

OTHER PROPERTY & SERVICESPrivate works; Administration; Public works overheads, Plant operating costs & various other Unclassified Services. This section also includes Administration costs in gross terms, whichhave then been reallocated to the other Functions/Programs via an allocation system known as Activity Based Costing.

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

13

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Note 2: EXPLANATION OF MATERIAL VARIANCES

Reporting Program Var. $ Var. % Var.Timing/

Permanent Explanation of VarianceOperating Revenues $ %Governance 5,176 53.09% General Purpose Funding 2,611 (0.03%)Law, Order and Public Safety (14) (0.18%)Health (372) (29.76%)Education and Welfare 45,101 p Permanent MMG Community Benefit FundHousing 9,692 46.22% Community Amenities 8,274 7.07% Recreation and Culture (13,828) (26.04%)

Transport 33,946 13.48% p Permanent

Revenue increased due to Mt Magnet Gold Road

Toll AgreementEconomic Services (3,024) (1.38%)Other Property and Services 1,278 3.29%

Operating Expense

Governance 51,510 19.40% p Timing

Related to Integrated Planning & Disaster

Management Plan General Purpose Funding (1,810) (2.21%)Law, Order and Public Safety 156 0.23% Health 660 1.99% Education and Welfare 6,845 45.33% Housing 13,979 9.85% Community Amenities (2,007) (0.93%)Recreation and Culture (11,735) (1.76%)Transport 41,654 5.08% Economic Services 1,301 0.20%

Other Property and Services 154,713 59.85% p Timing

Consultants; Software Licensing; Public Works &

Administration Operating Costs

Capital Revenues

Grants, Subsidies and Contributions (2,118,802) (69.56%) q Timing

Flood Damage - Water Bores Funds Received;

Flood Damage Works commenced late NovemberProceeds from Disposal of Assets (13,461) (28.58%)

Capital ExpensesLand and Buildings 260,067 50.94% p Timing Refer Note 9Plant and Equipment 69,579 61.06% p Timing Refer Note 9Furniture and Equipment 12,816 35.49% Infrastructure - Roads 1,551,861 53.46% p Timing Refer Note 9Infrastructure - Other 72,733 14.10% p Timing Refer Note 9

FinancingLoan Principal 0 0.00%

Note 2: EXPLANATION OF MATERIAL VARIANCES

Nature & Type Var. $ Var. % Var.Timing/

Permanent Explanation of VarianceOperating Revenues $ %Rates 7,055 0.63% Operating Grants, Subsidies and 0

Contributions 42,728 5.75% Fees and Charges 13,961 2.62% Interest Earnings 2,115 3.77% Other Revenue 31,074 74.00% p Permanent Mt Magnet Gold Road Toll AgreementProfit on Disposal of Assets (8,093) (42.68%)

Operating ExpenseEmployee Costs 63,654 5.89%

Materials and Contracts 165,275 20.01% p Timing

Integrated Planning & Disaster Management Plan;

Consultants; Software LicensingUtility Charges 6,083 3.51% Depreciation on Non-Current Assets 18,752 2.06% Interest Expenses 6,256 37.86% Insurance Expenses 680 0.66% Other Expenditure (5,434) (4.93%)Loss on Disposal of Assets 0 0.00%

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

14

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Note 3: NET CURRENT FUNDING POSITION

Note

YTD 31 Mar

2016 30th June 2016

YTD 31 Mar

2015 $ $ $

Current AssetsCash Unrestricted 4 396,037 1,058,733 289,421Cash Restricted 4 2,180,749 2,141,729 2,126,355Receivables - Rates 6 691,593 406,119 446,260Receivables - Sundry Debtors 6 49,650 137,536 38,253Deferred Pensioners Rate 6 0 0 44,028Provision for Doubtful Debts - Rates (36,124) (36,124) (36,124)Provision for Doubtful Debts - Sundry Debtors (5,722) (5,722) (5,722)Inventories 6,701 10,380 8,152MRVC - Deposit 50,000 50,000 0

3,332,884 3,762,651 2,910,623

Less: Current LiabilitiesSundry Creditors (420,054) (171,124) (45,663)Payroll Clearing Liability 487 0 (89)GST Liability 21,040 5,932 30,145PAYG Witholdings (27,849) (19,376) (27,380)

Payables (426,377) (184,568) (42,987)Provisions (206,652) (206,652) (163,924)

(633,029) (391,220) (206,911)

Less: Cash Reserves 7 (2,180,748) (2,141,729) (2,126,355)

Net Current Funding Position 519,106 1,229,702 577,357

Comments - Net Current Funding Position

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

Positive=Surplus (Negative=Deficit)

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

2,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Am

ou

nt

$ (

'0

00

s)

Note 3 - Liquidity Over the Year2015-16

2014-15

2013-14

15

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Note 4: CASH AND INVESTMENTS

Interest Unrestricted Restricted Trust Total Institution MaturityRate $ $ $ Amount $ Date

(a) Cash DepositsMuni Bank Account 0.00% 136,182 136,182 CBA N/ACash on Hand 0.00% 1,380 1,380 N/A N/A

(b) Term DepositsReserve Fund - Account 2.80% 2,180,749 2,180,749 CBA 31/05/2016Trust Account 0.00% 579,014 579,014 CBA N/ACash Deposit Account 1.95% 258,475 258,475 CBA N/A

Total 396,037 2,180,749 579,014 3,155,800

Comments/Notes - Investments

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

16

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Note 5: BUDGET AMENDMENTSAmendments to original budget since budget adoption. Surplus/(Deficit)

GL Account

Code Description Council Resolution Classification

Non Cash

Adjustment

Increase in

Available Cash

Decrease in

Available Cash

Amended

Budget Running

Balance $ $ $ $

Budget Adoption Opening Surplus 3,331Permanent ChangesOpening surplus adjustment (34,726) (31,395)

0322002

NEW - Grant Revenue - LGGC Financials Assistance Grants

Scheme 2016-026 Operating Revenue (2,910) (34,305)0322003 NEW - Grant Revenue - LGGC Local Road Grant 2016-026 Operating Revenue (24,113) (58,418)0521007 NEW - Grant Revenue - Fire Prevention - ESL Recurrent 2016-026 Operating Revenue 2,153 (56,265)0523006 NEW - Grant Revenue - Other Law Order & Public Safety 2016-026 Capital Revenue (12,500) (68,765)0931001 NEW# - Staff Housing - Building Improvements 2016-026 Capital Expenses 1,490 (67,275)1021003 NEW# - Rates Levy - Sanitation Charge 2016-026 Operating Revenue (37,000) (104,275)1021004 NEW# - Rates Levy - Sanitation Charges (Inc. GST) 2016-026 Operating Revenue 42,000 (62,275)1023002 NEW# - Sewerage - Fees & Charges 2016-026 Operating Revenue (15,000) (77,275)1221002 NEW# - Transport - Depot Rent 2016-026 Operating Revenue 19,000 (58,275)1031002 NEW - Refuse Site - Improvements 2016-026 Capital Expenses 25,000 (33,275)1112401 NEW - Swimming Pool - Operating Costs 2016-026 Operating Expenses (21,000) (54,275)1113401 NEW - Recreation & Sport - Operating Costs 2016-026 Operating Expenses 7,600 (46,675)1113461 NEW - Recreation & Sport - Maintenance 2016-026 Operating Expenses (4,000) (50,675)1115401 NEW - Library - Operating Costs 2016-026 Operating Expenses 500 (50,175)1117503 NEW# - Events/Concerts/Festivals 2016-026 Operating Expenses (10,435) (60,610)1123007 NEW - Grant Revenue - RTC - Conservation Works 2016-026 Capital Revenue (85,600) (146,210)1127502 NEW# - Grant Revenue - Other Culture 2016-026 Operating Revenue 34,741 (111,469)1133003 NEW# - Parks & Gardens Infrastructure 2016-026 Capital Expenses (40,500) (151,969)1133008 NEW# - Capital Works - Other Recreation & Sport 2016-026 Capital Expenses 85,600 (66,369)1137001 NEW# - Museum - Construction 2016-026 Capital Expenses 5,000 (61,369)1137002 NEW - Land Acquisition 2016-026 Capital Expenses 6,000 (55,369)1221001 NEW# - Transport - Reimbursement Revenue 2016-026 Operating Revenue 56,000 6311221004 NEW# - Street Lighting Subsidy - MRWA 2016-026 Operating Revenue 1,400 2,0311221505 NEW# - Grant Revenue - Transport - Roads to Recovery 2016-026 Capital Revenue 126,255 128,2861221509 NEW# - Grant Revenue - Flood Damage - WANDRRA 2016-026 Capital Revenue 476,486 604,7721225005 NEW# - Grant Revenue - Airport - RADS 2016-026 Capital Revenue 35,000 639,7721231002 NEW# - Road Infrastructures 2016-026 Capital Expenses 10,000 649,7721231003 NEW# - Roads to Recovery Projects 2016-026 Capital Expenses (126,255) 523,5171231008 NEW# - Depot - Construction 2016-026 Capital Expenses (28,300) 495,2171231010 NEW - Flood Damage - Capital 2016-026 Capital Expenses (500,000) (4,783)1235019 NEW# - Airport Infrastructure 2016-026 Capital Expenses (65,000) (69,783)1242001 NEW# - Proceeds on Sale of Asset 2016-026 Capital Revenue (11,000) (80,783)1312401 NEW - Visitor Centre - Operating Costs 2016-026 Operating Expenses 35,800 (44,983)1316401 NEW - Community Development - Operating Costs 2016-026 Operating Expenses 30,100 (14,883)

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

17

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Note 5: BUDGET AMENDMENTSAmendments to original budget since budget adoption. Surplus/(Deficit)

GL Account

Code Description Council Resolution Classification

Non Cash

Adjustment

Increase in

Available Cash

Decrease in

Available Cash

Amended

Budget Running

Balance $ $ $ $

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

1317401 NEW - Caravan Park - Operating Costs 2016-026 Operating Expenses (20,300) (35,183)1327001 NEW - Caravan Park - Revenue 2016-026 Operating Revenue 25,000 (10,183)1332004 NEW - Visitor Centre - Infrastructure - Other 2016-026 Capital Expenses 5,000 (5,183)1332050 NEW# - Caravan Park - Buildings 2016-026 Capital Expenses (17,496) (22,679)1412401 NEW - Administration - Operating Costs 2016-026 Operating Expenses 35,500 12,8211414401 NEW - Public Works - Operating Costs 2016-026 Operating Expenses (18,000) (5,179)1415001 NEW# - Plant - Expenses 2016-026 Operating Expenses (18,000) (23,179)1422502 NEW# - Grant Revenue - Administration - Lottery west 2016-026 Operating Revenue 2,025 (21,154)1432003 NEW# - Administration - Furniture & Equipment 2016-026 Capital Expenses 1,173 (19,981)1432004 NEW# - Administration - Building Improvements 2016-026 Capital Expenses 24,535 4,554

1432008

NEW - Administration - Records - Document Management

System 2016-026 Capital Expenses (810) 3,7441434000 NEW# - Plant & Equipment - Various 2016-026 Capital Expenses 82,052 85,7961438002 NEW# - Other Property - Building Improvements 2016-026 Capital Expenses (641) 85,1557210000 NEW - Transfer to Reserve 2016-026 Capital Expenses (79,636) 5,5190411999 NEW# - Governance - Depreciation 2016-026 Operating Expenses (1,090) 4,4290513999 NEW# - Other Law, Order & Public Safety - Depreciation 2016-026 Operating Expenses 5,600 10,0290715999 NEW# - Environmental Health - Depreciation 2016-026 Operating Expenses 30 10,0590911461 NEW - Housing - Maintenance 2016-026 Operating Expenses (1,805) 8,2540912999 NEW# - Housing - Depreciation 2016-026 Operating Expenses (5,609) 2,6451017999 NEW# - Community Amenities - Depreciation 2016-026 Operating Expenses (6,796) (4,151)1111999 NEW# - Anzac Hall - Depreciation 2016-026 Operating Expenses (45) (4,196)1112999 NEW# - Swimming Pool - Depreciation 2016-026 Operating Expenses (397) (4,593)1113999 NEW# - Other Recreation & Sport - Depreciation 2016-026 Operating Expenses (599) (5,192)1117999 NEW# - Other Culture - Depreciation 2016-026 Operating Expenses (83) (5,275)1211997 NEW# - Transport - Buildings; Other - Depreciation 2016-026 Operating Expenses (688) (5,963)1211999 NEW# - Transport - Infrastructure - Depreciation 2016-026 Operating Expenses (238,167) (244,130)1215999 NEW# - Transport - Airport Infrastructure - Depreciation 2016-026 Operating Expenses (14,959) (259,089)1312053 CLOSED - Housing Expenses - Caravan Park Manager 2016-026 Operating Expenses (482) (259,571)1312099 NEW# - Tourism & Area Promotion - Depreciation 2016-026 Operating Expenses 23 (259,548)

1317998 NEW# - Caravan Park - Buildings, House, etc. - Depreciation 2016-026 Operating Expenses 606 (258,942)1317999 NEW - Caravan Park - Infrastructure - Depreciation 2016-026 Operating Expenses (23,278) (282,220)1412996 NEW# - Administration - Vehicles - Depreciation 2016-026 Operating Expenses 7,200 (275,020)1412998 NEW# - Administration - Buildings - Depreciation 2016-026 Operating Expenses (34) (275,054)

1412999 NEW# - Administration - Furniture & Fittings - Depreciation 2016-026 Operating Expenses (10,407) (285,461)1415999 NEW# - Plant Expense - Depreciation 2016-026 Operating Expenses (11,259) (296,720)

18

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Note 5: BUDGET AMENDMENTSAmendments to original budget since budget adoption. Surplus/(Deficit)

GL Account

Code Description Council Resolution Classification

Non Cash

Adjustment

Increase in

Available Cash

Decrease in

Available Cash

Amended

Budget Running

Balance $ $ $ $

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

1418099 NEW# - Depreciation - Other Property 2016-026 Operating Expenses (76) (296,796)Adjustment to Depreciation 2016-026 Non Cash Item 302,315 5,519

1412598 NEW# - Profit/Loss on Asset Disposal 2016-026 Operating Revenue (7,675) (2,156)Adjustment to Profit & Loss 2016-026 Non Cash Item 7,675 5,519

5,519

0 1,498,859 (1,496,671)

19

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Note 6: RECEIVABLES

Receivables - Rates Receivable YTD 31 Mar 2016

YTD 31 Mar

2015 Receivables - General Current 30 Days 60 Days 90+Days$ $ $ $

$ $ Receivables - General 18,227 4,329 10,949 16,144Opening Arrears Previous Years 450,577 462,116Recovery Costs 38,021 35,033Provision for Doubtful Debts (36,124) 0

Levied this year 1,134,249 1,085,481 Total Receivables General Outstanding 49,650

Interest outstanding 80,363 63,884Excess on rates (1,984) 311Back Rates 13/14 3,002 3,219 Amounts shown above include GST (where applicable)Back Rates 14/15 43 0Instalment Surcharge 76 52Medical Service Fee 272 272Domestic Sanitation 29,048 25,940Sanitation Commercial 14,054 6,390Sanitation Pensioner Disc 2,068 1,082Emergency Levy 19,851 16,123

Less Collections to date (990,051) (1,209,613)Equals Current Outstanding 743,463 490,288

Net Rates Collectable 743,463 490,288% Collected 62.47% 76.43%

Comments/Notes - Receivables General[Insert explanatory notes and commentary on trends and timing]

Comments/Notes - Receivables RatesInstalment Payment dates -1st Instalment due 21/10/20152nd Instalment due 16/12/20153rd Instalment due 10/02/20164th Instalment due 06/04/2016

This balance includes the non current deferred pensioners rates of $51,870

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITYFor the Period Ended 31 March 2016

SHIRE OF MOUNT MAGNET

0

10

20

30

40

50

60

70

80

90

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

% C

olle

cte

d

Note 6 - Rates Receivable

2014-15

2015-16

Current37%

30 Days9%

60 Days22%

90+Days32%

Note 6 - Accounts Receivable (non-rates)

20

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Note 7: Cash Backed Reserve

2015-16

Name Opening Balance

Budget

Interest

Earned

Actual

Interest

Earned

Budget

Transfers In

(+)

Actual

Transfers In

(+)

Budget

Transfers Out

(-)

Actual

Transfers Out

(-)

Transfer out

Reference

Budget

Closing

Balance

Actual YTD Closing

Balance$ $ $ $ $ $ $ $ $

Leave Reserve 35,762.35 1,350 652 0 0 0 0 37,112 36,414Airport Reserve 163,279.59 3,525 2,975 0 0 0 0 166,805 166,254Building Reserve 505,661.47 11,025 9,213 0 0 0 0 516,686 514,874Plant Reserve 130,944.13 2,850 2,386 0 0 0 0 133,794 133,330Community Bus Reserve 43,707.53 975 796 0 0 0 0 44,683 44,504Road Reserve 160,144.67 3,450 2,918 0 0 0 0 163,595 163,062Infrastructure Reserve 688,422.76 15,075 12,542 0 0 0 0 703,498 700,965Housing Construction Reserve 3,936.18 0 72 0 0 (3,936) 0 0 4,008CLGF Recreation Precinct/Youth Centre 409,870.16 0 7,467 0 0 (409,870) 0 0 417,337

2,141,729 38,250 39,020 0 0 (413,806) 0 1,766,173 2,180,748

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

0

100,000

200,000

300,000

400,000

500,000

600,000

700,000

800,000

Leave Reserve Airport Reserve Building Reserve Plant Reserve Community BusReserve

Road Reserve InfrastructureReserve

HousingConstruction

Reserve

CLGF RecreationPrecinct/Youth

Centre

Note 7 - Year To Date Reserve Balance to End of Year Estimate

Budget Closing Balance

Actual YTD Closing Balance

21

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Note 8 CAPITAL DISPOSALS

Cost Accum Depr Proceeds

Profit

(Loss)

Annual Budget

Profit/(Loss)

Actual

Profit/(Loss) Variance Comments$ $ $ $ $ $ $

Plant and Equipment0 2000 Toro Ride On Mower (P006) 380 0 00 2007 Toyota Hilux 4x2 (P050) 0 0 00 2012 Toyota Hilux 4x4 Dual Cab (P153) 13,806 0 0

60,844 38,078 33,636 10,870 2011 Mitsubishi Fuso Truck (P222) 11,100 10,870 230

60,844 38,078 33,636 10,870 25,286 10,870 230

Comments - Capital Disposal/Replacements

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

Actual YTD Profit/(Loss) of Asset Disposal

Disposals

Amended Current Budget YTD 31 03 2016

22

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Note 9: CAPITAL ACQUISITIONS

Grants Reserves Borrowing Total Budget Actual Variance$ $ $ $ $ $ $

Property, Plant & Equipment0 0 0 0 Land 36,000 3,000 (33,000)

148,100 216,785 0 364,885 Buildings 784,247 247,447 (536,800)0 0 0 0 Plant & Equipment 151,948 44,379 (107,569)0 0 0 0 Furniture & Equipment 42,827 23,299 (19,528)0 0 0 00 0 0 0 Infrastructure

2,979,563 0 0 2,979,563 Roadworks 3,813,518 1,350,820 (2,462,698)0 0 0 0 Parks, Gardens & Reserves 402,300 411,712 9,4120 0 0 0 Airports 75,000 0 0

555,000 0 0 500,000 Other Infrastructure 622,810 31,390 (591,420)

3,682,663 216,785 0 3,844,448 Capital Totals 5,928,650 2,112,047 (3,741,603)

Comments - Capital Acquisitions

Grants Reserves Borrowing Total Budget Actual Variance$ $ $ $ $ $ $

Lot 618 Hepburn - Mining & Pastoral Museum - Acquire Crown Land to the South 6,000 3,000 (3,000)Lot 452 Dowden Place - Acquire Land - Leasehold to Freehold 10,000 0 (10,000)

0 Lot 453 Jensen Close - Acquire Land - Leasehold to Freehold 10,000 0 (10,000)0 Lot 460 Jensen Close - Acquire Land - Leasehold to Freehold 10,000 0 (10,000)0 0

0 0 0 0 Capital Totals 36,000 3,000 (33,000)

Grants Reserves Borrowing Total Budget Actual Variance$ $ $ $ $ $ $

216,785 216,785 RTC - Upgrade Youth Centre 205,465 161,806 (43,659)0 Museum - Main Display Shed - Install Guttering 15,000 0 (15,000)0 Museum - Install Pathways to Connect Museum Building to Shed Displays 10,000 1,750 (8,250)0 Museum - Land Levelling 5,000 0 (5,000)0 Caravan Park - Upgrade Power Outlets & Main Switchboard Stage 1 0 0 00 Caravan Park - Upgrade Power Outlets & Main Switchboard Stage 2 44,600 0 (44,600)0 Caravan Park - Camp Kitchen Verandah Extension & Rainwater Tank 5,048 5,048 (0)0 Caravan Park - Install Limestone/Security Front Fencing (Hepburn Street) 22,000 6,753 (15,247)0 Caravan Park - Office Upgrade 10,000 0 (10,000)0 Caravan Park - Replace Windows Units 9, 10, 11 & 12 10,000 2,868 (7,132)0 Caravan Park - External Painting Units 9, 10, 11 & 12 6,000 0 (6,000)0 Caravan Park - Upgrade Small Ablution Block 20,000 0 (20,000)0 Caravan Park - Lot 161 Hepburn - Restumping 8,000 0 (8,000)0 Caravan Park - Lot 161 Hepburn - Fencing Panel Inserts - Stage 2 5,000 7,546 2,5460 Caravan Park - Driveway Reseal & Bluemetal Cover for Dust Control 25,000 0 (25,000)0 Caravan Park - Septic Tank (Insurance Claim) 24,348 24,348 (0)0 Shire Office - Additional Archive Storage Container - Fully Insulated plus Shelving 0 0 00 Shire Office - Staff Carpark Area - Carport Extension 0 0 0

Shire Office - Front Fence 5,965 5,965 (0)0 Recreation Centre - Extend Paving & Purchase Outdoor Tables 20,000 0 (20,000)

85,600 85,600 Library/Meeting Room - Conservation Works 0 0 00 Squash Court - Foyer - Vinyl 2,000 0 (2,000)

62,500 62,500 Swimming Pool - Construction of a New Leisure Pool - Stage 1 135,870 0 (135,870)0 Lot 366 Hepburn Street - Main Reception Area - Vinyl 5,641 5,641 00 Lot 398 Hepburn Street - Window Treatments - Blinds 5,510 5,510 00 Lot 225A Watson Street - Rainwater Tank 0 0 00 Lot 225B Watson Street - Rainwater Tank 2,000 1,620 (380)0 Lot 452 Dowden Place - Upgrade Bathroom & Kitchen/Floor Coverings/Painting 30,000 6,600 (23,400)0 Rubbish Tip - Fencing - Stage 1 0 0 00 Rubbish Tip - Improvements 15,000 1,800 (13,200)0 Depot - Erect Sheds 9,210 9,210 (0)0 Depot - Extend Lean To on Main Shed & Install Rainwater Tank 55,000 0 (55,000)0 Depot Fence Rear Road Works Depot 7,590 0 (7,590)0 Moses Street Industrial Subdivision 75,000 983 (74,017)0 0

148,100 216,785 0 364,885 Capital Totals 784,247 247,447 (536,800)

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

Contributions InformationSummary Acquisitions

Current Budget

ContributionsLand

Current Budget This Year

ContributionsBuildings

Current Budget This Year

23

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Grants Reserves Borrowing Total Budget Actual

Variance

(Under)Over$ $ $ $ $ $ $

0 Trailer 2,773 2,773 (0)0 Various Other Plant 0 1,431 1,4310 Toyota Hilux 4x2 0 0 00 Toyota Hilux 4x4 55,000 0 (55,000)0 Mitsubishi Fuso Truck 0 0 00 Nissan Truck 36,000 36,000 00 Water Tanker 20,000 0 (20,000)0 Tandem Axle Trailer 14,000 0 (14,000)0 4" Pump and Diesel Generator 20,000 0 (20,000)0 Air Compressor - Depot 4,175 4,175 00 0

0 0 0 0 Capital Totals 151,948 44,379 (107,569)

Grants Reserves Borrowing Total Budget Actual

Variance

(Under)Over$ $ $ $ $ $ $

0 Office Computer - Laptop - Works Manager 817 817 00 Office Computer - Finance Manager 2,000 0 (2,000)0 Office Computer - Finance Assistant 2,000 0 (2,000)0 Library - 3 x Computers (1 x Admin, 2 x Public) 4,000 0 (4,000)0 Library - Shelving & Furniture - costs supplied by Library Officer 12,000 472 (11,528)0 IT System Upgrade 22,010 22,010 00 0

0 0 0 0 Capital Totals 42,827 23,299 (19,528)

Grants Reserves Borrowing Total Budget Actual

Variance

(Under)Over$ $ $ $ $ $ $

Municipal Funded2,580,363 2,580,363 WANDRRA Flood Damage - Works 3,223,563 1,339,972 (1,883,591)

109,000 109,000 Regional Road Group - RRG - Hill 50 Road - Reconstruct Failed Pavement and Install Culvert163,500 674 (162,826)290,200 290,200 RTR Roads to Recovery - Wallace Street Drainage 290,200 10,024 (280,176)

0 RTR - Race Course Road Hepburn Street - Median Strip - Reticulation 126,255 0 (126,255)0 Hepburn Street - Median Strip - Reticulation Investigation 10,000 150 (9,850)0 0

2,979,563 0 0 2,979,563 Capital Totals 3,813,518 1,350,820 (2,462,698)

Grants Reserves Borrowing Total Budget Actual

Variance

(Under)Over$ $ $ $ $ $ $

100,000 181,100 281,100 Recreation Precinct & Skatepark 260,300 300,868 40,5680 Federation/Foster Park - Upgrade Irrigation Water Supply 20,000 17,640 (2,360)

53,900 53,900 Foster Park Playground Equipment 74,000 72,369 (1,631)0 Foster Park Playground - Construct Surround to Retain Sand 6,000 8,831 2,831

Foster Park Playground - Fencing 24,000 6,119 (17,881)0 Federation Park - Flagpoles x 3 8,000 5,885 (2,115)0 Anzac Memorial Gardens - Render Brick Wall 0 0 00 Remove Power Pole Anzac Memorial Garden 10,000 0 (10,000)0 0

0 0 0 0 Capital Totals 402,300 411,712 9,412

Grants Reserves Borrowing Total Budget Actual

Variance

(Under)Over$ $ $ $ $ $ $

0 Airport - Entry Statement 10,000 0 (10,000)0 Airport - Line Markings 30,000 0 (30,000)0 Airport - Surface Repairs (Apron & Taxi Way) 35,000 0 (35,000)0 0

0 0 0 0 Capital Totals 75,000 0 (75,000)

Grants Reserves Borrowing Total Budget Actual

Variance

(Under)Over$ $ $ $ $ $ $

0 Contribution Murchison Regional Vermin Council 50,000 0 (50,000)245,000 245,000 Murchison Geo Tourism Project 245,000 0 (245,000)245,000 245,000 Regional Visitor Centre Sustainability 245,000 0 (245,000)

10,000 10,000 Visitor Centre - Accreditation 5,000 0 (5,000)15,000 0 Visitor Centre - Website/Booking System 15,000 0 (15,000)15,000 0 Visitor Centre - Business Plan 15,000 8,580 (6,420)

0 Administration - Records - Document Management System 22,810 22,810 04,500 0 Shire Office - Additional CCTV Camera 4,500 0 (4,500)

10,250 0 Anzac Hall - Install CCTV Cameras 10,250 0 (10,250)10,250 0 Recreation Centre - Install CCTV Cameras 10,250 0 (10,250)

0 0555,000 0 0 500,000 Capital Totals 622,810 31,390 (591,420)

ContributionsPlant & Equipment

Current Budget This Year

ContributionsFurniture & Equipment

Current BudgetThis Year

ContributionsOther Infrastructure

Current Budget This Year

ContributionsRoads

Current Budget This Year

ContributionsParks, Gardens & Reserves

Current Budget This Year

ContributionsAirports

Current Budget This Year

24

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Note 10: RATING INFORMATION Rate in Number Rateable Rate Interim Back Total Budget Budget Budget Budget$ of Value Revenue Rates Rates Revenue Rate Interim Back Total

Properties $ $ $ $ $ Revenue Rate Rate RevenueRATE TYPE $ $ $ $Differential General RateGRV Urban 0.0973 237 1,681,687 163,549 0 0 163,549 155,781 0 0 155,781GRV Boogardie/Lennonville 0.0973 0 0 0 0 0 0 0 0 0 0GRV Single Persons Quarters 0.1776 6 316,888 56,292 0 0 56,292 55,359 0 0 55,359GRV Commercial 0.1070 15 568,396 60,797 0 0 60,797 64,294 0 0 64,294GRV Industrial 0.1070 23 206,788 22,119 0 0 22,119 25,702 0 0 25,702UV Rural/Pastoral 0.0644 18 593,460 38,210 0 0 38,210 38,210 0 0 38,210UV Prospecting 0.3008 38 78,809 23,708 3,662 434 27,803 17,898 0 0 17,898UV Exploration 0.3008 25 148,813 44,767 (7,194) 0 37,573 79,532 0 0 79,532UV Mining 0.3008 80 2,130,709 640,973 14,526 5,237 660,736 619,549 0 0 619,549UV Gold Mining 0.3008 0 0 0 0 0 0 0 0 0 0 Sub-Totals 442 5,725,550 1,050,415 10,994 5,670 1,067,079 1,056,325 0 0 1,056,325

MinimumMinimum Payment $GRV Urban 397 61 57,248 24,217 0 0 24,217 18,262 0 0 18,262GRV Boogardie/Lennonville 133 6 120 798 0 0 798 798 0 0 798GRV Single Persons Quarters 745 1 0 745 0 0 745 745 0 0 745GRV Commercial 437 3 950 1,311 0 0 1,311 1,748 0 0 1,748GRV Industrial 437 5 7,588 2,185 0 0 2,185 2,622 0 0 2,622UV Rural/Pastoral 397 2 6,200 794 0 0 794 794 0 0 794UV Prospecting 450 54 49,014 24,300 0 0 24,300 26,100 0 0 26,100UV Exploration 450 14 8,849 6,300 0 0 6,300 6,750 0 0 6,750UV Mining 450 28 17,302 12,600 0 0 12,600 12,600 0 0 12,600UV Gold Mining 450 1 285 450 782 0 1,232 450 0 0 450 Sub-Totals 175 147,556 73,700 782 0 74,482 70,869 0 0 70,869

1,141,561 1,127,194UV Pastoral ConcessionPensioners Rebate (7,312)Amount from General Rates 1,134,249 1,127,194Ex-Gratia Rates 0Specified Area Rates Totals 1,134,249 1,127,194

Comments - Rating Information

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

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Program/Details Grant Provider Approval 2015-16 Variations 2015-16 Operating Capital Recoup StatusGL Additions Amended Received Not Received

Budget (Deletions) Budget

(Y/N) $ $ $ $ $ $ $GENERAL PURPOSE GRANTS

LGGC Financial Assistance Grant Government of WA Yes 664,551 (2,910) 661,641 661,641 496,231 165,410LGGC Local Road Grant Government of WA Yes 164,589 (24,113) 140,476 140,476 105,357 35,119DFES - ESL Commission 4,000 4,000 4,000 4,000 0

LAW, ORDER, PUBLIC SAFETYFire Prevention Grant DFES Yes 6,457 2,153 8,610 8,610 4,305 4,305CCTV Cameras WAPOL No 25,000 (12,500) 12,500 12,500 0 12,500

EDUCATION & WELFAREYouth Strategy Lotterywest 10,000 10,000 10,000 0 10,000

RECREATION AND CULTURERecreation Precinct/Skate park DSR Yes 100,000 100,000 100,000 0 100,000Recreation Precinct/Children's Playground Lotterywest Yes 53,900 53,900 53,900 0 53,900Conservation Works - RTC Building (Library/Meeting Room)Lotterywest Yes 85,600 (85,600) 0 0 0 02015 Astro Rocks Fest Lotterywest Yes 0 14,741 14,741 14,741 14,741 02016 Astro Rocks Fest Lotterywest Yes 0 15,000 15,000 15,000 0 15,0002016 Astro Rocks Fest Tourism WA Yes 10,000 10,000 10,000 0 10,000Swimming Pool - Construction of a New Leisure PoolDept Sport & Recreation Yes 62,500 62,500 62,500 32,000 30,500Carnival of Clowns National Stronger Communities 0 5,000 5,000 5,000 0 5,000

TRANSPORTMRWA Direct Grant MRWA Yes 66,900 66,900 66,900 66,900 0Street Lighting Subsidy Grant MRWA Yes 7,600 1,400 9,000 9,000 8,989 11RTR Roads to Recovery - Wallace Street DrainageDepartment Infrastructure & Transport Yes 290,200 126,255 416,455 416,455 0 416,455RRG Regional Road Group - Hill 50 Road MRWA Yes 109,000 109,000 109,000 43,600 65,400WANDRRA Flood Damage Contribution WANDRRA 2,580,363 500,000 3,080,363 3,080,363 658,429 2,421,934

Flood Damage - Water Bores WANDRRA 176,675 (23,514) 153,161 153,161 153,161 0

ECONOMIC SERVICESMurchison Geo Tourism Project Tourism Demand Driver Infrastructure Fund - Tourism WA 245,000 245,000 245,000 0 245,000Regional Visitor Centre Sustainability Grant Royalties for Regions 245,000 245,000 245,000 0 245,000Visitor Centre - Promotion & Development Tourism WA 40,000 40,000 40,000 39,997 3Airport - Line Marking & Surface RADS 0 35,000 35,000 35,000 0 35,000

ECONOMIC SERVICESEnergy Grants Credit Scheme 5,200 5,200 5,200 3,305 1,895Shire Office Conservation Lottery West 0 2,025 2,025 2,025 2,025 0

OTHER CONTRIBUTIONS, REIMBURSEMENTS AND DONATIONS 24,050 24,050 24,050 79,559 0

TOTALS 4,976,585 552,937 5,529,522 966,643 4,562,879 1,712,598 3,872,433

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016Note 11: GRANTS AND CONTRIBUTIONS

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Note 12: TRUST FUND

Funds held at balance date over which the Shire has no control and which are not included in this statement are as follows:

Opening

Balance Amount AmountClosing Balance

Description 1 Jul 15 Received Paid 31-Mar-16$ $ $ $

Future Directions Committee 390 0 0 390Mt Magnet Chamber of Commerce 924 0 0 924Safer WA Committee 549 0 0 549Other Deposits 7,593 1,026 0 8,619Mt Magnet Gold Pty Ltd 0 402,618 402,618Murchison Region Vermin Cell 141,300 55,000 -30,000 166,300Community Benefit Fund 0 0 0 0

150,756 458,644 (30,000) 579,400

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

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13. INFORMATION ON BORROWINGS(a) Debenture Repayments

Principal New Principal Principal Interest01-Jul-15 Loans Repayments Outstanding Repayments

Particulars Actual

Amended

Budget Actual

Amended

Budget Actual

Amended

Budget$ $ $ $ $ $

Loan 38 79,638 8,506 8,506 71,132 71,132 3,313 5,141

Loan 39 - Museum Construction 200,358 28,741 28,741 171,617 171,617 6,956 11,384

279,996 0 37,247 37,247 242,749 242,749 10,269 16,525

All debenture repayments were financed by general purpose revenue.

(b) New Debentures

No new debentures were raised during the reporting period.

SHIRE OF MOUNT MAGNETNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31 March 2016

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12.7 Expired Lease at 79 Hepburn Street – Wirnda Barna Artists Inc

Officer: Chief Executive Officer, Mr Warren Olsen Amended By: Nil Disclosure of Interest: Nil Meeting Date: 15 April 2016

Matter for Consideration To consider a request from Wirnda Barna Artists Inc to renew its lease of the premises at 79 Hepburn Street (Lot 25 on DP 222841), and associated matters relating to administration of the (now expired) lease. Applicant’s Submission We have received the following request [our document no. 3897] in relation to the aforesaid premises:

I am aware that the Current Lease arrangement with the Shire of Mt Magnet has now expired, for Lot 25 Hepburn St, Mt Magnet namely being the Wirnda Barna Arts Centre, I am now requesting that the Mt Magnet Shire and Councillors grant an extension of the Lease for the Property at the Previous Peppercorn Rental rate arrangement it had in Place over the past 5 Years

Background Whilst registering important documents into our new information management system (so that we don’t miss important tasks such as the timely renewal of contracts, et cetera), it came to my attention that the lease of the premises at 79 Hepburn Street to Wirnda Barna Artists Inc had already expired. I therefore drew this to attention to the Acting Manager of Wirnda Barna Artists Inc, suggesting that he write to me requesting an extension or renewal of the lease to initiate some kind of renewal process. The lease is important to Wirnda Barna Artists Inc, as it is applying for grant funding to (among other things) make improvements to the building to make it more suitable for its current purpose, and the funding bodies will doubtless need some kind of evidence of security of tenure. Furthermore, Wirnda Barna Artists Inc in its funding applications would like to demonstrate some other contributions or support, which may be in cash or in kind. The difference between the peppercorn rent and the market value of the rent represents an in-kind contribution by the Shire (provided that it is properly accounted for) which Wirnda Barna Artists Inc would like to be able to demonstrate in its funding applications. This would also be consistent with the type of transparency in the Shire’s accounts that is expected by the Auditor-General. At its meeting held on 26 June 2009, the Council (in accordance with the recommendations of then CEO Mr David Burton) resolved as follows:

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In his report, Mr Burton had pointed out that the Council had made in its budget a provision of $20,000 for support to Wirnda Barna Artists Inc and that this contribution could be made either in cash or in-kind. The suggestion was that, by providing the premises for free, it should be accounted for as an in-kind contribution. Subsequently, a lease to Wirnda Barna Artists Inc was drawn up and was executed following the making of the following resolution at the Council’s meeting held on 23 October 2009:

In the implementation of this resolution, an annual provision was made in the budget and there was an annual journal that was processed so that the rent appeared in the accounts as a contribution by the Shire to support Wirnda Barna Artists Inc and as rent revenue against the property. However, in the past few years this system has broken down and there has been neither a provision in the budget, nor a journal so that the contribution was shown in the Shire’s expenditure. Comment Strictly speaking, the lease has never been a “Peppercorn” lease. In fact, former CEO Burton said in his report to the October 2010 meeting that it was a commercial lease drawn up on the same basis as the previous lease to ENZED (ie. The previous lessees), the main difference being that the new lease to Wirnda Barna Artists Inc contained a clause allowing the lessee to cancel the lease. It was apparently the intention of the CEO and of the Council at that time that the property should still show an income, but that the rent would be paid by the Shire as a transparent contribution to Wirnda Barna Artists Inc, instead of being paid by the lessee. Other features of the lease included: provision for an annual CPI adjustment of the rent, based on the Consumer Price Index

for Perth (All Groups) as published by the Australian Bureau of Statistics immediately prior to the rent review date. In practice, that would mean the June CPI index because the September CPI index is not published until late October.

A three-year term. A provision for renewal for further three-year terms, subject to:

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the lessee giving the lessor not less than 3 months’ written notice of its wish to renew; and

the lessor (at its sole discretion) agreeing to such renewal of the term; and execution of a deed recording the extension of the lease.

It is probably fair to say that administration of this lease has been less than optimal. The CPI rent adjustments have never been calculated or applied, and the lease was renewed toward the end of the 1

st term but without the proper notice and without the execution of any deed as

provided for in the lease agreement. Nevertheless, it was renewed before expiry - which is preferable to the current situation. Notwithstanding this, I have received informal legal advice that as long as both parties are agreeable we can now do as we wish without too much fuss although it would be in the interest of both parties that we bring the operation of the lease back within the requirements of the agreement. That means the preparation and execution of a deed recording the extension of the lease (so that Wirnda Barna Artists Inc will have documentary evidence of its tenure of the premises, which it can use in support of its grant applications), and implementation of the CPI rent adjustments (to increase the levels of in-kind support it can show in its grant applications), as well as the internal practice of budgeting and accounting for the Shire’s contribution. I have calculated the CPI adjustments which ought to have been applied under the terms of the lease agreement, and they are set out in Table 1 below: Table 1 – CPI Adjustments for Wirnda Barna Artists Inc’s Rent

Adjustment

Date

Previous

Rent per

week Index

%

Increase

Adjusted Rent

(per week)

Annual Rent

(for JNL)

12-Oct-09 N/A 167.4 N/A 300.00 $15,600.00

12-Oct-10 300.00 173.2 3.5% 310.50 $16,146.00

12-Oct-11 310.50 178.4 3.0% 319.82 $16,630.38

12-Oct-12 319.82 180.4 1.1% 323.33 $16,813.31

12-Oct-13 323.33 103.0 2.5% 331.42 $17,233.65

12-Oct-14 331.42 106.4 3.3% 342.35 $17,802.36

12-Oct-15 342.35 107.7 1.2% 346.46 $18,015.99 Note: In 2013, the ABS reset it CPI indices so the March 2012 = 100 As Wirnda Barna Artists Inc is undoubtedly an asset to the town, and as there are currently no other demands for the premises, I recommend that we grant a renewal of the lease on the same terms and conditions. Consultation Mr Frank Walsh, Acting Manager, Wirnda Barna Artists Inc Statutory Environment As this is essentially a renewal of an existing (albeit expired) lease, I do not believe that it requires the disposal procedures laid down in Section 3.58 of the Local Government Act 1995. Policy Implications Nil.

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Financial Implications On the basis that the Shire will provide in its budget for a contribution to Wirnda Barna Artists Inc, and that it will use these contributions to pay the rent, the lease in itself is cost neutral to the Shire (i.e. we are paying ourselves). Of course, economists would normally say that there is also an opportunity cost, which is the value of the other uses to which the premises could be put. However, there are currently no other demands use of the premises, so the opportunity cost could be expected to be very low in the current environment. The lease provides for the lessee to pay the outgoings on the property; this has not really been happening, especially in regard to the water bills which did get quite large during the period when there was a “community garden” at the premises. We did invoice the lessee; however I don’t believe the invoice was ever paid as they lacked the wherewithal to do so. Now that I am more familiar with the lease and its history, I am of the view that those water bills should have been subject to an additional journal against the budget provision for the support of Wirnda Barna Artists Inc; however, in the past few years that provision has been non-existent and the subsidy to Wirnda Barna Artists Inc has been invisible. The lease provides that the lessee may use the premises for such purpose as may be approved by the lessor from time-to-time. I recommend that community gardens and such other high water demand uses not be approved. Strategic Implications Wirnda Barna Artists Inc is of some strategic importance to the social, cultural and economic renewal of the local community. Voting Requirements Simple Majority

OFFICER RECOMMENDATION

Moved: Seconded: That: 1. Subject to the preparation and execution of a deed of extension, the lease of the premises

at 79 Hepburn Street to Wirnda Barna Artists Inc be renewed for a further three-year term commencing on 12 October 2015.

2. The CPI-adjusted rent applicable as at 12 October 2015 be set at $346.46 per week, and that the rent be adjusted annually in accordance with the provisions of the lease.

3. A journal be raised for the rent in June 2016, showing the rent as provided for in the lease as being rent revenue for the premises and as a contribution from the Shire to Wirnda Barna Artists Inc.

4. Rent revenue and a contribution to Wirnda Barna Artists Inc be provided for in future budgets.

CARRIED/LOST

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12.8 Murchison Region Local Government Economic Development Workshop

Officer: Chief Executive Officer, Mr Warren Olsen

Amended By: Nil

Disclosure of Interest: Nil

Meeting Date: 15 April 2016

Matter for Consideration

Representation at the local government Economic Development Workshop being hosted by

the Shire of Cue on 26 and 27 April 2016.

Background

At the last Cue Parliament, the Zone considered a motion from the Shire of Mount Magnet

that was essentially about putting together a “discussion group” of local government CEOs

and elected members to talk about economic development priorities in the region.

The matter was referred to the Murchison Executive Group (MEG) for further consideration.

Comment

Over the past 6 months, the feeling in the region has gone from regarding this proposal as

being of questionable value to seeing it is absolutely essential, even urgent.

Possibly the approaching federal and state elections have been seen as giving the exercise

more value than was apparent 6 months ago.

In any case, the Shire of cue has put its hand up to host the event and is proposing a two-day

event to be held on 26 and 27 April 2016.

I have not yet received final details of the event (such as who is facilitating it, or a final

program). However, a draft program was tabled by the Shire of Cue at the MEG meeting held

on 21 March, and it is attached to this report as an appendix.

Each local government is requested to send its CEO and two elected members to attend this

event.

Policy Implications

Nil.

Financial Implications

The cost of attendance should be modest and able to be accommodated within the current

budget.

Strategic Implications

It is absolutely essential that the local governments of this region collaborate on interventions

to reverse the declining regional population and the shrinking regional economy. With

imminent federal and state elections, it is an excellent time to agree on some key

projects/issues and to extract commitments from the various political parties in respect of

those issues that are considered most important to the region.

Voting Requirements

Simple Majority

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OFFICER RECOMMENDATION

Moved: Seconded: That ____________________________ , ________________________________ and the

Chief Executive Officer represent the Shire of Mount Magnet at the Murchison Region

Economic Development Workshop to be held in Cue on 26th

and 27th

April 2016.

CARRIED/LOST

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Pre - Workshop

The purpose of the workshop is to identify key regional infrastructure projects for the Murchison sub-region for a two to five year period and in a longer term context.

In order to assist the achievement of workshop outcomes, workshop participants will be provided with an agenda package two weeks prior to the workshop. The agenda package will contain:

> A draft Murchison Sub-Regional Plan will be prepared based on work from the Mid West Regional Blueprint; individual local governments and state government publications;

> a Project Summary List that outlines suggested Murchison Regional Projects beneath the five Mid West Regional Blueprint pillars as the start point for workshop discussion; and

> a Project Description Table that provided additional information to support the Project Summary list.

Post - Workshop

The priority setting process for the Blueprint will occur in two main methods; namely:

> a quantifiable multi-criteria analysis (MCA) that will be used to assess opportunities for their potential to contribute to achieving the Blueprint's objectives; and

> development of robust and comprehensive business cases that will be used to raise funding and support for the highest priority projects.

The MWDC Board will determine which projects are to be put forward for investment. MWDC will also; determine if additional work / analysis is required to enhance a project's readiness and appeal to possiH| funding streams. In some cases a pilot or demonstration oroiect mav be undertaken to help determine or^ of concept J

Creating a pipeline of quality projects and linking these with potential capital will be a key challenge of the Blueprint. This may require more creative approaches and innovative financing models than those typically employed. Advancing projects as far as practicable to help minimise risk and provide confidence around commercial viability will help to reduce hurdles for potential investors.

In addition to meeting Blueprint outcomes, the investment promotion and facilitation efforts will need to articulate a value proposition for project funders. This alignment of projects with capital sources will commence through each themed development strategy and be ongoing.

ceo
Typewritten text
Appendix 1 - Draft program for Murchison Economic Development Workshop
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Agenda Murchison sub-regional project prioritisation

10 am Introductions-expectations

11 am Physical Infrastructure 1. Discuss potential to contribute to Mid West Blueprint objectives; 2. Discuss project's readiness and appeal to possible funding streams; 3. Discuss risks of project not going ahead.

12.30 pm Lunch

1 pm Digital and Communications 1. Discuss potential to contribute to Mid West Blueprint objectives; 2. Discuss project's readiness and appeal to possible funding streams; 3. Discuss risks of project not going ahead.

2.30 pm Economic Development 1. Discuss potential to contribute to Mid West Blueprint objectives; 2. Discuss project's readiness and appeal to possible funding streams; 3. Discuss risks of project not going ahead.

4 pm Wrap up - outcomes

5 pm Close

8.30 am Introductions - renewed expectations

9 am Highly Desirable Communities 1. Discuss potential to contribute to Mid West Blueprint objectives; 2. Discuss project's readiness and appeal to possible funding streams; 3. Discuss risks of project not going ahead.

10.30 am Morning Tea

11am Knowledge and Learning 1. Discuss potential to contribute to Mid West Blueprint objectives; 2. Discuss project's readiness and appeal to possible funding streams; 3. Discuss risks of project not going ahead.

12.30 pm Lunch

1 pm Confirm priorities into High, Medium and Low - assign timeframes

2.30 pm Wrap up - outcomes and what's next

3 pm Close

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12.9 Statistics for Information Only

Aerodrome Statistics for the Bluey Osmond Aerodrome for 2014/2015 and YTD are as follows:

2014/2015 Bluey Osmond Aerodrome Statistics

Month Landings Revenue

($) Inbound Outbound

Revenue ($)

Total Revenue

($)

July 57 10,127 551 620 9,579 19,706

August 61 10,341 582 578 9,430 19,771

September 53 9,454 458 411 7,102 16,556

October 54 8,976 598 589 9,723 18,699

November 49 7,237 536 525 8,669 15,905

December 57 8,627 450 514 7,802 16,429

January 51 8,136 602 481 8,784 16,920

February 48 6,905 466 471 7,616 14,521

March 53 7,315 424 383 6,637 13,952

April 48 6,379 363 359 5,776 12,155

May 50 6,749 427 416 6,736 13,485

June 56 7,593 405 392 6,184 13,777

Total 637 97,839 5,862 5,778 94,038 191,877

2015/2016 Bluey Osmond Aerodrome Statistics

Month Landings Revenue

($) Inbound Outbound

Revenue ($)

Total Revenue

($)

July 49 7,643 402 406 6,464 14,107

August 47 7,610 362 363 5,800 13,410

September 53 8,139 366 366 6,089 14,228

October 54 7,771 435 412 7,045 14,816

November 50 7,417 386 390 6,455 13,872

December 47 6,572 344 339 5,681 12,253

January 44 6,670 382 367 6,230 12,900

February 50 6,958 398 375 6,430 13,388

*March * * * * * *

April

May

June

Total 394 58,780 3,075 3,018 50,194 10,8974 *March statistics were not received prior to finalisation of month end.

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Public Library Patronage statistics for the Library for 2014/2015 and YTD are as follows:

2014/2015 Public Library Statistics

Month Patrons Enquiries Issues Ill's Internet Access

Revenue ($)

July 58 932 20 3 14 42

August 63 281 22 4 23 83

September 59 118 27 20 14 34

October 81 117 45 12 13 52

November 70 84 33 7 20 103

December 51 70 22 6 13 136

January 58 88 12 5 13 69

February 74 32 26 5 20 75

March 91 40 36 10 25 60

April 63 13 24 6 24 81

May 69 34 8 6 15 49

June 62 47 22 10 20 74

Total 799 1,856 297 94 214 858

2015/2016 Public Library Statistics

Month Patrons Enquiries Issues Ill's Internet Access

Revenue ($)

July 74 280 30 31 20 85

August 58 195 28 41 15 79

September 72 190 46 14 21 69

October 71 51 15 25 8 35

November 62 37 31 20 6 65

December 48 65 25 9 3 10

January 46 90 11 16 3 0

February 51 209 12 15 1 30

March 57 90 23 14 10 62

April

May

June

Total 539 1,207 221 185 87 435

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Memorial Swimming Pool Statistics for the Swimming Pool for 2014/2015 and YTD are as follows:

2014/2015 Memorial Swimming Pool Statistics

Month Adult Child Season Adult

Season Child

Under 4 Yrs

School Total Revenue

($)

July

August

September

October 217 709 57 30 35 0 1,048 2,445

November 124 170 30 352 48 0 724 6,282

December 238 209 43 217 74 29 810 1,969

January 133 446 73 306 127 0 1,085 2,188

February 158 188 46 194 40 0 626 773

March 24 45 48 44 5 78 244 147

April

May

June

Total 894 1,767 297 1,143 329 107 4,537 13,804

2015/2016 Memorial Swimming Pool Statistics

Month Adult Child Season Adult

Season Child

Under 5 Yrs

Total Revenue

($)

July

August

September

October 181 764 82 99 118 1,244 3,175

November 178 529 52 161 99 1,019 2,185

December 219 461 93 158 131 1,062 476

January 130 354 150 191 99 924 2,274

February 134 214 50 78 67 543 907

March 118 234 46 136 90 624 924

April

May

June

Total 960 2,556 473 823 604 5,416 9,941

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Fitness Centre Statistics for the Fitness Centre for 2014/2015 and YTD are as follows:

2014/2015 Fitness Centre Statistics

Month Activity (Hours) Memberships

Patrons Revenue

($) Month % Week Month Annual

July 23 4 6 3 0 32 147

August 38 7 8 2 0 54 142

September 39 7 4 4 0 47 300

October 44 8 1 12 0 67 401

November 115 21 2 8 0 141 277

December 97 17 4 3.5 0 83 147

January 50 9 4 6 0 51 229

February 75 15 13 5 0 85 315

March 100 18 15 12 0 119 515

April 68 13 1 3 0 62 61

May 66 12 0 8 0 57 262

June 60 11 10 6 0 65 208

Total 715 12 68 72.5 0 863 3,004

2015/2016 Fitness Centre Statistics

Month Activity (Hours) Memberships

Patrons Revenue

($) Month % Week Month Annual

July 48 9 2 3 0 37 115

August 35 6 2 11 0 29 376

September 91 17 4 4 1 76 531

October 107 19 4 3 0 97 140

November 82 15 4 6 0 80 287

December 56 10 3 2 0 56 96

January 22 4 2 2 0 30 87

February 30 5 9 6 0 30 287

March 23 4 5 4 0 38 158

April

May

June

Total 494 10 35 41 1 473 2,077

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Caravan Park Statistics for the Caravan Park for 2014/2015 and YTD are as follows:

2014/2015 Caravan Park Statistics

Month Cabins (8) (Ensuite)

Cabins (9) (No Ensuite)

Sites (36) Visitors

Revenue ($)

Nights % Nights % Nights %

July 107 43 51 18 733 66 1,399 35,512

August 126 51 67 24 758 68 1,231 35,828

September 91 38 42 16 618 57 1,002 29,093

October 75 30 46 16 266 24 612 20,441

November 74 31 25 9 101 9 259 13,284

December 61 32 60 9 107 10 320 12,951

January 44 32 34 9 73 10 282 11,377

February 47 21 52 21 90 9 197 11,196

March 49 20 34 12 147 13 268 12,468

April 79 33 26 10 325 30 605 19,959

May 116 47 41 15 525 47 832 26,561

June 113 47 124 46 672 62 1040 35,907

Total 982 35 602 17 4,415 34 8,047 264,577

2015/2016 Caravan Park Statistics

Month Cabins (8) (Ensuite)

Cabins (9) (No Ensuite)

Sites (36) Visitors

Revenue ($)

Nights % Nights % Nights %

July 120 48 58 21 743 67 1,368 39,202

August 117 47 30 11 729 65 1,219 34,749

September 126 53 34 13 582 54 1,108 35,183

October 124 50 28 10 294 54 648 24,963

November 72 30 29 11 72 12 243 11,204

December 89 36 29 10 49 4 334 14,215

January 3 12 5 8 62 6 319 12,900

February 61 26 7 3 56 5 202 8,677

March 114 46 35 13 148 13 334 5,475

April

May

June

Total 826 39 255 11 2,735 31 5,775 186,568

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Visitor Centre Patronage statistics for the Visitor Centre for 2014/2015 and YTD are as follows:

2014/2015 Visitor Centre Statistics

Month Visitors (Total)

Visitors (Museum)

Museum Entry

Revenue

Visitor Centre

Revenue

Commission ($)

Adult Child Adult Child

July 756 54 340 27 1,700 4,368 825

August 937 5 355 0 1,775 2,931 557

September 726 12 300 5 1,500 2,741 581

October 244 16 103 7 515 1,235 227

November 55 3 3 0 15 106 20

December 0 0 0 0 0 0 0

January 0 0 0 0 0 0 0

February 9 0 5 0 25 25 16

March 20 2 8 2 40 22 10

April 140 15 88 12 440 484 55

May 348 9 139 0 695 1,718 240

June 558 4 236 1 1,180 1,966 320

Total 3,793 120 1,577 54 7,885 15,596 2,851

2015/2016 Visitor Centre Statistics

Month Visitors (Total)

Visitors (Museum)

Museum Entry

Revenue

Visitor Centre

Revenue

Commission ($)

Adult Child Adult Child

July 901 54 400 29 2,000 2,847 528

August 919 10 372 8 1,880 3,063 720

September 783 42 334 42 1,670 2,311 454

October 238 15 115 9 595 614 116

November 150 0 30 0 155 242 34

December 56 0 21 0 125 539 118

January 130 0 30 0 140 287 73

February 197 0 8 0 43 287 73

March 119 4 21 2 126 368 37

April

May

June

Total 3,493 125 1,331 90 6,734 10,558 2,153

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Grants Statistics for the financial year 2015/2016 are as follows:

Project Funding Program Grant

Amount Total Cost Status Close Date Result

Rectify Runway Lighting

Regional Airports Development Scheme (Department of Transport)

$161,209 $322,419 Submitted 16-Sep-14 Accepted

Construction of Leisure Pool

Community Sporting & Recreation Facilities Fund (Department of Sport & Recreation

$250,000 $540,650 Submitted 19-Sep-14 Accepted

Astro Rocks Fest 2016 Regional Events Scheme (Tourism WA) $10,000 $34,655 Submitted 10-Jan-15 Successful Murchison Geotourism Project

Tourism Demand-Driver Infrastructure Fund

$245,000 $490,000 Submitted 17-Jun-15 Unsuccessful

Visitor Centre Business Development

2015 Regional Visitors Centre Sustainibility Program

$39,997 $80,494 Submitted 31-Aug-15 Successful

Equipment and Maintenance extra hours at swimming pool

Community Pool Revitalisation Program $32,000 $35,800 Submitted 30-Oct-15 Successful

Carnival of Clowns Stronger Communities Fund $5,000 $10,435 Submitted 07-Dec-15 Pending CCTV Upgrade State CCTV Strategy $11,314 $22,628 Submitted 17-Dec-15 Pending Astro Rocks Fest 2016 Lotterywest $20,000 $49,510 Submitted 22-Dec-15 Successful Emergency Services Volunteer Fuel Card

Emergency Services Volunteer Fuel Card Scheme (R4R)

$2,000 $2,000 Submitted 10-Jan-16 Successful

Astro Rocks Fest 2017-19

Regional Events Scheme (Tourism WA) $35,000 (per annum) Submitted 01-Feb-16 Pending

Astro Rocks Fest 2016 Mid West Community Chest $37,603 $94,649 Submitted 28-Feb-16 Pending Astro Rocks Fest 2016 Horizon Power $1,500 $94,649 Submitted Successful Aerodrome markings Regional Airports Development Scheme

(Department of Transport) $13,375 $26,750 Submitted Pending

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13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

14. NOTICE OF MOTIONS FOR NEXT MEETING

15. CONFIDENTIAL BUSINESS

15.1 CEO Performance Review

16. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING

17. ELECTED MEMBER MATTERS

18. NEXT MEETING Friday, 20 May 2016.

19. CLOSURE OF MEETING