banana shire council ordinary meeting minutes

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1.0 Opening of Meeting “Council recognises that this meeting is held on the Land of the Gaangalu Nation and that the Banana Shire also includes land of the Iman People, Wulli Wulli People, Wadja People, Wakka Wakka People and Darumbal People.” 2.0 Attendance including Apologies & Leave of Absence 3.0 National Anthem & Prayer 4.0 Confirmation of Minutes 4.0.1 Ordinary Meeting held 26 April 2017 5.0 Mayor’s Report / Minute 6.0 Business Outstanding 6.0.1 Business Arising from Previous Meetings & Matters Lying on the Table 7.0 Declaration of Interest on Matters on the Agenda 8.0 Corporate & Community Services 8.1 Corporate Services 8.1.1 Financial Report P/E 30/04/17 8.1.2 Resolutions Actions Report 8.1.3 Major Capital Projects – Monthly Actual Expenditure as at 9/5/17 8.2 Community 8.2.1 RADF 2016-17 – Individual Professional Development April Round 8.2.2 Banana Shire Council Community Resource Centre Advisory Committee – Minutes of Meeting held 27/04/2017 9.0 Infrastructure Services 9.1 Infrastructure Services 9.1.1 Monthly Report – Infrastructure Services 9.1.2 Resolutions Actions Report Banana Shire Council ORDINARY MEETING MINUTES Meeting Date: Wednesday, 24 May 2017 Venue: Banana Shire Council Chambers 62 Valentine Plains Road, Biloela Time: 9.00 am

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Page 1: Banana Shire Council ORDINARY MEETING MINUTES

1.0 Opening of Meeting

“Council recognises that this meeting is held on the Land of the Gaangalu Nation and that the Banana Shire also includes land of the Iman People, Wulli Wulli People, Wadja People, Wakka Wakka People and Darumbal People.”

2.0 Attendance including Apologies & Leave of Absence 3.0 National Anthem & Prayer 4.0 Confirmation of Minutes

4.0.1 Ordinary Meeting held 26 April 2017

5.0 Mayor’s Report / Minute

6.0 Business Outstanding 6.0.1 Business Arising from Previous Meetings & Matters Lying on the Table

7.0 Declaration of Interest on Matters on the Agenda 8.0 Corporate & Community Services

8.1 Corporate Services 8.1.1 Financial Report P/E 30/04/17 8.1.2 Resolutions Actions Report 8.1.3 Major Capital Projects – Monthly Actual Expenditure as at 9/5/17 8.2 Community 8.2.1 RADF 2016-17 – Individual Professional Development April Round 8.2.2 Banana Shire Council Community Resource Centre Advisory Committee –

Minutes of Meeting held 27/04/2017

9.0 Infrastructure Services 9.1 Infrastructure Services 9.1.1 Monthly Report – Infrastructure Services 9.1.2 Resolutions Actions Report

Banana Shire Council

ORDINARY MEETING

MINUTES

Meeting Date: Wednesday, 24 May 2017

Venue: Banana Shire Council Chambers

62 Valentine Plains Road, Biloela Time: 9.00 am

Page 2: Banana Shire Council ORDINARY MEETING MINUTES

Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 2

9.1.3 Disaster Management Strategic Plan – Performance Review February to April 2017

9.1.4 Budget Amendment Report – Infrastructure 10.0 Council Services

10.1 Council Services 10.1.1 Resolutions Actions Report 10.1.2 Major Capital Projects – Monthly Actual Expenditure as at 9/5/17 10.2 Development & Environmental Services 10.2.1 Extension to Systematic Inspection Program 10.2.2 MCU004-12/13 – Request to Change an Existing Approval (Permissible

Change) – for Material Change of Use - (Impact Assessable) - for Vehicle Depot, Bulk Storage, Commercial Premises, Workers Accommodation, Low Impact Industry (Automotive Repairs And Services) & an Environmentally Relevant Activity for a Mechanical Workshop (ERA 21) Located At Jambin Dakenba Road, Biloela Described as Lot 4 SP 126056

10.2.3 MCU007-16/17 - Development Application for Material Change of Use – (Code Assessable) for Extension to Existing Caravan Park, 80 Units in 27 Buildings, Kitchen & 2 Recreation Units Located at 95-113 Dawson Highway Moura & Described as Lot 10 SP210594

10.2.4 MCU013-12/13 – Request to Extend Period in S341 Sustainable Planning Act 2009 for Material Change of Use (Impact Assessable) – for Service Station & Truck Stop, Including Shop, Food Premises & Vehicle Depot (Overnight Truck Parking) & ERA (Chemical Storage Threshold) 8(3)(A) Located at Lot 5 Leichardt Highway Westwood described as Lot 5 SP215982

10.2.5 RAL007-16/17 - Development Application for Reconfiguration of a Lot (1 into 2) for a Code Assessable Application Located at 4333 Nathan Road, Cockatoo described as Lot 9 SP152696

10.2.6 Penalty Infringement Notices

11.0 Executive Services 11.1 Executive Services 11.1.1 Resolutions Actions Report 11.1.2 Review of Community Plan and Place Based Plans 11.1.3 2017/18 Operational Plan 11.1.4 Delegation of Powers from Council to Chief Executive Officer 11.1.5 Register of Contact with a Lobbyist - Report as at 31 March 2017 11.1.6 Review of Councillors Expenses & Reimbursement Policy

12.0 Close of Meeting

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 3

1.0 Opening of Meeting

The meeting commenced at 9.00am.

2.0 Attendance including Apologies & Leave of Absence

Present Councillors – Mayor Nev Ferrier and Crs Middleton, Snell, Brennan, Semple, Leo & Boyce Officers – Chief Executive Officer & Director Corporate & Community Services

3.0 National Anthem & Prayer Following the National Anthem, High School Chaplain Nigel Krueger, led Council in prayer.

4.0 Confirmation of Minutes Minute No: OM003746

Resolution: That the minutes of the Ordinary Meeting held on 26 April 2017 be taken as read and confirmed.

Moved: Cr Middleton Seconded: Cr Boyce Carried

5.0 Mayor’s Report / Minute The Mayor referred to the following during the month: An LGAQ Disaster Management Conference was held in Mackay from 9 to 11 May 2017 which he and Deputy Mayor, Cr Middleton attended. He advised that he had attended the local shows throughout the Shire. He has accepted an invitation from the Presbyterian Church to attend their Sunday Service at 10.00am on 28 May 2017 at Pelican Point and open the upgraded kitchen. Councillors are welcome to attend. A forum with the Aged Care & Allied Health Service Stakeholders has been scheduled for 10.00am on Thursday 25 May 2017 in Council’s Chambers. He will be attending Don Baldwin’s 50th Anniversary of being a member of the Rural Fire Brigade on Saturday 27 May 2017 at 10.00am at the Thangool Fire Shed. Councillors are welcome to attend.

6.0 Business Outstanding It was noted there is no business arising from previous meetings or matters lying on the table

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 4

7.0 Declaration of Interest on Matters on the Agenda It was noted there are no declarations of interest on matters on the agenda.

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 5

8.0 Corporate & Community Services

8.1.1 FINANCIAL REPORT– PERIOD ENDING 30 April 2017 Date: 16 May 2017 Author: Manager Financial Services, Dave Steger File No: CM7.2 Letter No: Attachment: Statement of Comprehensive Income - Actual v Budget to 30 April 2017; Statement of

Financial Position – Actual v Budget to 30 April 2017; Statement of Cash Flows - Actual v Budget to 30 April 2017; Statement of Changes in Equity to 30 April 2017; Account Balances, Cash Position and Rates Report to 16 May 2017; Cash Analysis Graph.

Minute No: OM003747

This report is a legislative requirement.

Resolution: That Council receive the Financial Report as tabled for the period ending 30 April 2017. Moved: Cr Leo Seconded: Cr Snell Carried

Report 1. Introduction

The purpose of the Financial Report is to give Management and Council an overview of the organisation’s financial performance for the period ending 30 April 2017. It is presented in a format which compares the year to date to the amended 2016/2017 budget. The year to date budget is 10/12 or 83% of the amended budget. The financial analysis contained in this report compares; either year to date expenditure with equivalent budget to date expenditure or, in the case of rates, year to date expenditure with an appropriate cashflow position.

2. Report

Comprehensive Income Statement:

Councils operating surplus for the period ending 30 April 2017 is $1,932,486. This compares to an operating surplus of $879,461 for the same period in the 2015/16 financial year. The main points to consider are:

The current net rates position of less than 1% above budget is unlikely to change significantly for the remainder of the year.

Excluding rates, other revenue sources are approximately 10.36% lower than the year to date amended budget. Despite last month’s downward adjustment to project revenue, contract and recoverable works revenue remains 9.96% below the year to date budgeted cashflow position.

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 6

Finance continues to monitor claims and is working with Infrastructure to improve cashflow in this area.

Total operating expenditure is currently running 2.87% over the year to date budgeted position. This is a result of including the likely finance cost – approximately $525,000 – associated with the rehabilitation provision. There is also minor budget over expenditure in the areas of employee benefits (7.14%) and depreciation (6.03%).

Cash Report

In addition to the regular monthly cash report we have attached a graph that shows how Council has been using its cash reserves over the last 2¾ financial years. This graph has been updated to include April’s cash closing balance.

The positive cashflow in April is the result of the cyclical nature of Council’s rate cycle. Capital Expenditure:

Capital expenditure – see separate report. 3. Conclusion

Management will continue to monitor both incoming and outgoing cash flow in an effort to ensure that Council achieves the best possible end of the year outcome. Management will also endeavour to ensure that operating revenues are sufficient to meet all areas of committed service delivery.

Considerations 1. Corporate Plan

This matter has direct reference to Corporate Plan Strategy 1.2. (a), (b), (c) and (d). 2. Policy and Legal Implications

N/A 3. Financial and Resource Implications

Management will monitor revenue, expenditure and cashflow to ensure that Council has sufficient financial resources to deliver its budgeted commitments and achieve the foreshadowed operating surplus.

4. Risk Assessment N/A

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 7

8.1.2 ACTION REPORT ON PREVIOUS COUNCIL RESOLUTIONS – CORPORATE & COMMUNITY

SERVICES Date: 10 May 2017 Author: Todd Sleeman - Director Corporate & Community Services File No: Letter No: N/A Attachment: Resolutions Action Report Minute No: OM003748

Resolution: That the Resolutions Action Report for Corporate & Community Services as presented be noted and received. Moved: Cr Leo Seconded: Cr Boyce Carried

Report This report is to advise Council of the outstanding matters currently being dealt with by the organisation.

Considerations 1. Corporate Plan N/A 2. Policy and Legal Implications

Policy and legal implications will be addressed through each matter.

3. Financial and Resource Implications Budget impacts will be addressed in resolving each matter.

4. Risk Assessment N/A

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 8

8.1.3 MAJOR CAPITAL PROJECTS – MONTHLY ACTUAL EXPENDITURE – CORPORATE &

COMMUNITY SERVICES Date: 17 May 2017 Author: Dave Steger – Acting Director Corporate & Community Services File No: Letter No: Attachment: Capital Expenditure Report Minute No: OM003749

Resolution: That Council note and receive the Major Capital Expenditure Report as at 9 May 2017 for Corporate & Community Services. Moved: Cr Leo Seconded: Cr Brennan Carried

Report Providing a report on Council’s Major Capital Expenditure as at 9 May 2017 for Corporate & Community Services. Refer attachment.

Resolved that Agenda Item 8.2.1 be deferred to later in the meeting

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8.2.2 COMMUNITY RESOURCE CENTRE ADVISORY COMMITTEE – MINUTES OF MEETING HELD 27 APRIL 2017

Date: 16/05/2017 Author: Pam Semple – Senior Program Advisor - CRC File ID: 5318 Letter ID: 124358 Attachment: Minute No: OM003750

Resolution: That Council receive and note the Minutes of the Community Resource Centre Advisory Committee meeting held on 27th of April 2017. Moved: Cr Boyce Seconded: Cr Semple Carried

Report

Considerations 1. Corporate Plan N/A 2. Policy and Legal Implications

NDIS transition and reporting

3. Financial and Resource Implications NDIS financial reporting

4. Risk Assessment N/A

Director of Corporate and Community Services left the meeting.

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 10

Director of Infrastructure Services attended the meeting.

9.0 Infrastructure Services

9.1.1 MONTHLY REPORT – INFRASTRUCTURE SERVICES INCLUDING MONTHLY ACTUAL

EXPENDITURE Date: 12 May 2017 Author: Stephen Mow – Works Manager File ID: Letter ID: Attachment: Works Program Minute No: OM003751

Resolution: That Council receive the May 2017 Infrastructure Services Monthly Report as presented. Moved: Cr Semple Seconded: Cr Brennan Carried

Report 1. Introduction

This Monthly Report by Infrastructure Services details the ‘actual expenditure’ in the principal areas of the Works Section’s operations. Namely:

Internal Works o Town and General Maintenance (excl Parks) o Parks and Open Spaces o Road Maintenance o Capital Works Program

NDRRA – Approved Response, Emergent & Restoration Works

External Works o RMPC - Road Maintenance Performance Contract o TMR Capital

2. Background

To assist Council in monitoring the delivery of the various programs, this Monthly Report provides an updated delivery program and actual expenditure in key areas.

3. Report

The particular expenditure for several programs can be seen on the enclosed graphs of the key areas. Internal Works

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Council Road Maintenance

Council Towns and General Maintenance

Council’s Major Works Program

o A summary of project status is shown below:

Project Type Project Description Status

Gravel Resheeting

Old Injune Rd – gravel resheeting Commenced

Rural Construction

Theodore-Moura Rd – bridge approaches Roadworks complete, signage and tidy up to be done. Prices for demolition of old bridge being sought.

Urban Drainage Biloela CBD drainage upgrade – construct open drain on former rail reserve

Earthworks complete. Some services still to be altered.

Urban Drainage Biloela CBD drainage upgrade – construct underground drainage in Melton St from Kariboe St to former rail reserve.

Now scheduled to commence end of May and take about 5 weeks

Urban Drainage Biloela CBD drainage upgrade – construct underground drainage in Kariboe St from Gladstone Rd to Melton St.

Tender closes 15 May. Work is anticipated to start late May, Stakeholder meeting scheduled for 16 May.

Rural Construction

Goovigen Connection Rd – heavy vehicle route upgrade

Bridge to T-Holes floodway has been widened and rehabilitated. Approaches to T-Holes still to be done after the slab is complete

Rural Drainage Goovigen Connection Rd – T-holes floodway upgrade

Commenced. Side track in place; half the slab has been excavated and should be poured late May

Rural Drainage Uncle Toms Rd – construct new concrete floodway slab

Scheduled to commence late May

Rural Drainage Cracow Rd – construct new concrete floodway at about 31km from Taroom (Cockatoo Ck)

Now scheduled to commence in early June after Uncle Toms Rd

NDRRA Works

Cyclone Marcia

All submissions have been approved. Total approved costs (including QRA additions) are – Unsealed roads $12M, Sealed Roads $1.7M. The majority of the reconstruction projects have been completed. The Tender for the remaining projects has been finalised. The projects will be completed before the financial year 30 June 2017 and will be acquitted with QRA.

Betterment Projects

o Linkes Road - The work has been delayed due to Cyclone Debbie. Cyclone Debbie removed the old culvert base slab and its foundation causing concern about the stability and strength of the underlying material. An alternative proposal has been submitted to QRA for approval. This proposal entails a concrete floodway slab at bed level in Callide Ck.

o Lindleys Road – Prices have been received, contractor has been chosen.

o Jambin Dakenba Road – Concrete margin work is complete. Road works have been delayed due to rain.

February 2016 Event

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The February 2016 Event has been approved and preliminary payment has been paid ($478,679). The projects need to be scheduled and completed before end of the June 2018.

Cyclone Debbie 2017 Road assessments are currently being undertaken with initial value of Restoration of Essential Public Asset (REPA) work for QRA purposes is $2.5M.

External Works

RMPC - Road Maintenance Performance Contract The contract value has almost been fulfilled this year with work activities primarily being slashing and pothole patching for the remainder of 2016/17.

Main Roads

o Burnett Highway, Lawgi to Thangool – was delayed due to Cyclone Debbie. A second road works crew will be on-site in early May. Extra drainage crews will be on-site week starting 22 May. This project will be continue into July.

o Burnett Highway rehabilitation north of Thangool – progressing, one patch to be completed

o Burnett Highway foam bitumen stabilisation from Jambin to Jambin School – project has been awarded to a contractor (Downer). Likely on site start is early to mid-May. Contractor has been delayed and is now likely to be onsite in the week starting 22 May.

Unsealed Road Maintenance

The table below gives an indication of the roads that will be graded in the next month and states the roads that have been graded in the previous month.

The list of roads to be graded is indicative only and is subject to change without notice

Grader (Plant Number) Graded Roads in the last Month Roads to be Graded in the next

Month

Biloela North Dooneys Rd Barfield Rd

Tomlins Rd Beldeen Defence Rd

Fairview Rd

Krause Rd

Biloela South Hamiltons Rd Bath Rd

Grantleigh Pheasant Creek Rd Frawley Rd

Crowsdale Camboon Rd Harsant Rd

Defence Rd Lawgi Connection Rd

Moore Schubert Rd

Roys Rd

Schabe Rd

Yaparraba School Rd

Ziebaths Rd

Wowan Grader operator was on leave Flood Rd

Jamesons Rd

Law Rd

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 13

Newton Rd

Olsson Rd

Theodore Nathan Gorge Rd Isla Delusion Rd

Isla Deluson Rd Legallez Rd

Dump Rd Letchford Rd

Terrencevale Rd

Frenchs Rd

McKenna Rd

Watsons Rd

Gibbs Rd

Goolara Hienekes Rd

Woollthorpe Rd

Taroom (8010) Maiden Rd Old Injune Road Captial Project

Smiths Rd

Jounquays Rd

12 Mile Rd

Taroom (8011) Glenhaughton Rd and side roads Flagstaff Rd

Nuga Nuga Rd

o Works Program

A Works Program 2016-2017 gives an indication of current work and future work over the next 2 months and is attached.

Parks, Gardens and Open Spaces

Town Location Activity

Biloela, Banana, Thangool, Goovigen, Baralaba, Moura, Theodore, Taroom

Streets, highways sections and major intersections

Street sweeping

Biloela Callide Dam Gardens surrounding the new camping area have been established

Biloela Lions Park A new shade sail has been placed on top of the liberty swing i.e disabled swing

Taroom Lions Park 2 swing seats have been replaced

Goovigen Toilet Block A new mirror has been installed in the lady’s toilet

Goovigen and Jambin Goovigen Connection Rd Dooney Smith Rd Lake Pleasant Rd

A number of fallen trees have been removed due to a wind storm in the area

Monthly Actual Expenditure

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Considerations 1. Corporate Plan

The delivery of the RIP relates to Council’s ‘Corporate Objective 5 – Planning and Delivering our Infrastructure Services’ as part of Council’s Corporate Plan.

2. Policy and Legal Implications

The delivery of this program will be managed in such a way as all appropriate/applicable polices/legislation is complied with.

3. Financial and Resource Implications The delivery of the various works programs are a significant undertaking by the Works Section which require an extensive commitment by the entire Works group. All of these various programs will be delivered simultaneously utilising various combinations of Council, Sub-Contractor and Principal Contractor resources. Critical to the delivery of these inter-connected programs is the diversity and multi-skilled competency of the expanded workforce, with a degree of internal redundancy contained within the Section. Actual expenditure to date compared to target expenditure for 2016/17 is shown on the included graphs with upper and lower limits as an indicative monitoring measure.

4. Risk Assessment

The primary risk factors and control measures that would impede the full delivery of the Capital Works program are:

Wet weather

Loss of key staff

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Inability to appropriately up-skill, attract and/or retain key staff

Breakdown of critical plant items

Availability of key sub-contract plant and services

Availability of key materials

Availability of approved designs

These risks are constantly being monitored, reviewed and addressed.

*Please see below the current expenditure profiles for various programs.

The lines shown represent:

Yellow - (15% above, 10% below target)

Red - (on target based on a “straight line approximation”)

Blue – Actual expenditure

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9.1.2 ACTION REPORT ON PREVIOUS COUNCIL RESOLUTIONS – INFRASTRUCTURE

SERVICES Date: 18 May 2017 Author: Frank Nastasi – Director Infrastructure Services File No: Letter No: Attachment: Resolutions Action Report Minute No: OM003752

Resolution: That the Resolutions Action Report for Infrastructure Services be noted and received. Moved: Cr Brennan Seconded: Cr Semple Carried

Report This report is to advise Council of the outstanding matters currently being dealt with by the organisation.

Considerations 1. Corporate Plan N/A 2. Policy and Legal Implications

Policy and legal implications will be addressed through each matter.

3. Financial and Resource Implications Budget impacts will be addressed in resolving each matter.

4. Risk Assessment N/A

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9.1.3 DISASTER MANAGEMENT STRATEGIC PLAN – PERFORMANCE REVIEW FEBRUARY –

APRIL 2017 Date: 27 April 2017 Author: Disaster Management Coordinator - Andrew Bicknell File ID: Letter ID: N/A Attachment: Disaster Management Strategic Plan – Performance Review February – April 2017 Minute No: OM003753

Resolution: That Council receive the Disaster Management Strategic Plan performance review as presented. Moved: Cr Middleton Seconded: Cr Brennan Carried

Report Banana Shire Disaster Management Strategic Plan performance review for the period February to April 2017 is attached. Progress against the strategic plan actions and objectives is overseen by the Banana Shire Local Disaster Management Executive Team, comprising the LDMG Chairperson (Mayor), Deputy Chairperson (Deputy Mayor), Local Disaster Coordinator (Director Infrastructure Services) and Deputy Local Disaster Coordinators (Director Council Services and Chief Executive Officer). The overall intent of the Disaster Management Strategic Plan is to -

1. Ensure a more coordinated and efficient approach to strengthen Council’s disaster management operations and activities;

2. Focus on priority issues and work towards common goals including compliance with the Queensland Emergency Management Assurance Framework;

3. Provide a managed and focussed approach to our disaster management activities as a whole, with a view to continuous improvement throughout the realm of disaster management (mitigation/prevention, preparation, response and recovery)

Considerations 1. Corporate Plan

1.1 – To ensure Council demonstrates leadership and is accountable to internal and external stakeholders, including the community through transparent and inclusive decision making processes and effective service delivery and operations.

2. Policy and Legal Implications

Banana Shire Council Policy No. 15 – Disaster Management; Queensland Disaster Management Act 2003; Queensland Disaster Management Strategic Policy Framework

3. Financial and Resource Implications N/A

4. Risk Assessment N/A

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9.1.4 BUDGET AMENDMENT REPORT - INFRASTRUCTURE Date: 23 May 2017 Author: Leesa Millar – Infrastructure Planning Advisor File ID: Letter ID: Attachment: Bus Route Plan for Route P1127 Minute No: OM003754

Resolution: That Council approved the proposed reallocation of $100,000 of Council Capital funds from the Bicentennial Park Car Park Extension project to a new Gravel Resheeting project for the upgrading of the Council roads (Harsants Road, Roys Road and Yaparaba School Road) of the Thangool State School Bus Route P1127. Moved: Cr Brennan Seconded: Cr Semple Carried

Report An amount was put forward in the 2016/17 Infrastructure Development Plan (IDP) for the expansion of the Bicentennial Park Carpark into the Queensland Rail (QR) land located behind the carpark. While the leasing of the QR land has been approved an investigation into the design of this new carpark area it was determined that the currently budgeted amount for this project was not a suitable and therefore the project should be put back to allow time for an investigation and design estimate to be completed for the project. With the postponement of this project Council’s Capital budget for this project, $100,000, was made available for use in other construction projects. On review of the 10 year Works plan it was determined that the best use for this money was the upgrading (gravel resheeting) of the Thangool State School bus route P1127. This bus route runs from Thangool State School along the Brunett Highway picking up students from Roys Road, Harsants Road, Moore Schubert Road and Yaparaba School Road. While Moore Schubert Road is in a reasonable condition the other Council roads along this route are in need of an upgrade to insure safe use of the roads by the school bus. Therefore it is proposed to use the $100,000 to complete the upgrading of these roads through the addition of gravel and regrading, where necessary, to ensure the continued safety of the roads for use by the school bus. The reallocation of funds would remove the project for the expansion of the Bicentennial Park Carpark from the budget (0303-4051-0000) and reallocate the funds as follows: Yaparaba School Road Gravel Resheeting - $34,000 (0132-0521-0000) Harsants Road Gravel Resheeting - $43,000 (0131-0223-0000) Roys Road Gravel Resheeting - $23,000 (0131-0435-0000)

Considerations 1. Corporate Plan N/A 2. Policy and Legal Implications

N/A

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3. Financial and Resource Implications No additional burden on the current budget - reallocating existing funds into other capital projects.

4. Risk Assessment N/A

Director of Infrastructure Services left the meeting.

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Director of Council Services and Manager Environment and Planning attended the meeting.

10.0 Development & Environmental Services

10.1.1 ACTION REPORT ON PREVIOUS COUNCIL RESOLUTIONS – DEVELOPMENT &

ENVIRONMENTAL SERVICES Date: 15 May 2017 Author: John McDougall, Director Council Services File No: Letter No: N/A Attachment: Resolutions Action Report Minute No: OM003755

Resolution: That the Resolutions Action Report for Development & Environmental Services as presented be noted and received. Moved: Cr Snell Seconded: Cr Boyce Carried

Report This report is to advise Council of the outstanding matters currently being dealt with by the Department.

Considerations 1. Corporate Plan N/A 2. Policy and Legal Implications

Policy and legal implications will be addressed through each matter.

3. Financial and Resource Implications Budget impacts will be addressed in resolving each matter.

4. Risk Assessment N/A

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10.1.2 MAJOR CAPITAL PROJECTS – MONTHLY ACTUAL EXPENDITURE – DEVELOPMENT &

ENVIRONMENTAL SERVICES Date: 17 May 2017 Author: John McDougall – Director Council Services File No: Letter No: Attachment: Capital Expenditure Report Minute No: OM003756

Resolution: That Council note and receive the Major Capital Expenditure Report for Development & Environmental Services as at 9 May 2017. Moved: Cr Middleton Seconded: Cr Snell Carried

Report Providing a report on Council’s Major Capital Expenditure as at 9 May 2017 for Council Services. Refer attachment.

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10.2.1 SYSTEMATIC INSPECTION PROGRAM 2017 - Animal Management (Cats and Dogs) Act

2008, Local Law No. 2 (Animal Management) 2011, Subordinate Local Law No. 2 (Animal Management) 2011, Local Government Act 2009 (Swimming Pools)

Date: 04 May 2017 Author: Victoria Hammer, Senior Environmental Health Officer File ID: 2226 Letter ID: Attachment: ID102925 – Approved Inspection Program 2017 Local Law 2 (Animal Management) ID102926 – Approved Inspection Program 2017 Swimming Pools

ID102927 – Approved Inspection Program 2017 Animal Identification, Registration & Regulated Dog Permit Conditions OM003663 – 25 January 2017

Minute No: OM003757

Resolution: That Council approve a systematic approved inspection program, pursuant with section 134 of the Local Government Act 2009 for a period of three (3) months to be undertaken by authorised persons to monitor compliance with the Acts in the Banana Shire area. Moved: Cr Leo Seconded: Cr Middleton Carried

Report A local government may, by resolution, approve a systematic inspection program to allow an authorised person to enter and inspect properties within the local government area for compliance in accordance with the objective criteria specified in the resolution. The approved inspection program provides Council officers with additional powers of entry so that officers can undertake the inspections without seeking occupier consent or a warrant. In January 2017 Council approved (OM003663) a systematic approved inspection program pursuant with section 134 of the Local Government Act 2009 for a period of three (3) months and Section 113 of the Animal Management (Cats and Dogs) Act 2008 for a period of six (6) months. A second resolution is required for an additional three (3) months for inspection of compliance for those elements under the Local Government Act 2009 to allow officers to complete the program. ***Note - Three (3) months is the maximum approval period permitted for each resolution under section 134 (4) (e) of the Local Government Act 2009.

Objective Criteria Inspection Scope The Inspection area is to be throughout the whole shire and will cover the Town or Village Zone of the Banana Shire Planning Scheme 2005, all properties in a Commercial, Industrial or Urban Zone of the Taroom Shire Planning Scheme 2005, all properties in a Rural Residential Zone and all properties in a Rural Zone with an area less than 3,000m2 where in a group of 3 or more similar sized allotments. This will cover the townships of Banana, Baralaba, Biloela, Cracow, Dululu, Goovigen, Jambin, Taroom, Thangool, Theodore and Wowan as well as concentrations of smaller allotments at Callide Dam and Rannes as well as rural residential properties in outlying areas.

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Animal Management Queensland legislation requires that all dogs over the age of twelve (12) weeks be microchipped and registered within the local government area of where the animal is kept. The approved systematic inspection program intends to inspect all properties within the Banana Shire Council area for compliance with requirements of the Animal Management (Cats & Dogs) Act 2008, Local Law No. 2 (Animal Management) 2011 and Subordinate Local Law No. 2 (Animal Management) 2011. This includes checking compliance for microchipping, registration, provision on a proper enclosure to prevent an animal from wandering, minimum standards for an animal and prohibited animals. Pool Fencing Pool safety laws require pool owners to construct and maintain a compliant fence around their swimming pool regardless of when the pool was installed. The approved systematic inspection program intends to inspect all properties within the Banana Shire Council area that holds a record for a building permit for a pool for compliance with requirements of the Building Act 1975 for pool fencing, gates and latches. Purpose of the approved inspection program

Monitor compliance with Chapter 2 – Identification of Cats & Dogs requirements of the Animal Management (Cats and Dogs) Act 2008

Monitor compliance with Chapter 3 – Dog registrations and renewal of registration requirements of the Animal Management (Cats and Dogs) Act 2008

Monitor compliance with Chapter 4 – Regulated dog permit conditions of the Animal Management (Cats and Dogs) Act 2008

Monitor compliance with Chapter 9 – Miscellaneous provisions of the Animal Management (Cats and Dogs) Act 2008

Monitor compliance with s14 – duty to provide proper enclosure and prevent animal from wandering of the Local Law No. 2 (Animal Management) 2011

Monitor compliance with Part 2 – keeping of animals of the Subordinate Local Law No. 2 (Animal Management) 2011

Monitor compliance with s232 – Compliance with pool safety standard of the Building Act 1974 for fencing, gates and latches

Meet the performance measure in Banana Shire Council’s 2016/17 Operational Plan to complete the inspection program by 30 June 2017

Obtain outstanding fees for dog registrations (approx. 18% of the budgeted 2016/17 dog registrations remain outstanding after two notifications have been sent and council continues to impound wandering unregistered dogs on a regular basis)

Assist in the collection of statistical data to provide an accurate record of the number of dogs in the Shire and maintain accurate information in the animal registration register

Promote responsible pet ownership by requiring owners to register their animals and pay the appropriate fees; and providing information on local law requirements for enclosures, leads and barking nuisance

Assist in addressing the increase in complaints within the Shire communities related to wandering dogs and dog attacks

Enable Council to identify the owner of lost and impounded dogs in a timely manner

Promote safe use and responsible pool ownership Resourcing and Duration of Inspection Program It is proposed that the inspections will be carried out for a period of up to three (3) months for the LG Act, between 01 June 2017 and end on 31 August 2017. This will align with the current approved period of up to six (6) months for the AM (CD) Act, between 01 March 2017 and end on 31 August 2017, and be conducted on weekdays and weekends between the hours of 8.00am and 6.00pm. It is intended that contract staff will be engaged during the audit period to provide additional resource

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capacity. Training and an induction will be provided for the contract staff. The contract staff will be clearly identified as an authorised person by way of a Banana Shire Council Identification Card. Inspections of pool fencing safety requirements and animal management requirements will be undertaken concurrently.

Considerations 1. Corporate Plan Our Values - Quality of service to our citizens

1.1 f - Demonstrate Council’s passion for the community and the services it provides through continued or enhanced service delivery

2. Policy and Legal Implications

Council resolution is required to undertake these inspections programs under the legislation listed in the resolution above

3. Financial and Resource Implications Financial – included in operational budget for 2016/17 Resource - Additional resource required (as outlined above)

4. Risk Assessment Risk to public safety for wandering dogs and dog attacks is likely to be reduced as a result of

the inspection program being executed. Safety risks directly related to pool fencing, gates and latches for pool owners is likely to be

reduced as a result of the inspection program. No additional risks to the job description identified for Council’s authorised compliance officers

undertaking the inspection program.

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10.2.2 MCU004-12/13 – REQUEST TO CHANGE AN EXISTING APPROVAL (PERMISSIBLE

CHANGE) – FOR MATERIAL CHANGE OF USE - (IMPACT ASSESSABLE) - FOR VEHICLE DEPOT, BULK STORAGE, COMMERCIAL PREMISES, WORKERS ACCOMMODATION, LOW IMPACT INDUSTRY (AUTOMOTIVE REPAIRS AND SERVICES) AND AN ENVIRONMENTALLY RELEVANT ACITIVITY FOR A MECHANICAL WORKSHOP (ERA 21) LOCATED AT JAMBIN DAKENBA ROAD, BILOELA DESCRIBED AS LOT 4 ON SP 126056

Date: 9 May, 2017 Author: Rentia Robertson – Planning Officer File No: MCU004-12/13 Letter No: N/A Attachments: ID123283 - Location Map DW1401687 - Original Negotiated Decision Notice ID113574 - Applicants Representations Minute No: OM003758

Resolution: That Council approve the request to change an existing approval (permissible change) made by DG & BJ Copeland c/- Insite SJC on 10 March 2017 for Development Permit Number MCU004-12/13 for Material Change of Use – (Impact Assessable) - For Vehicle Depot, Bulk Storage, Commercial Premises, Workers Accommodation, Low Impact Industry (Automotive Repairs and Services) and Environmentally Relevant Activity for a Mechanical Workshop (ERA 21) located at Jambin Dakenba Road described as Lot 4 on SP126056 to the extent detailed below: Council agrees to amend the following aspects of the Decision Notice: A. Council agrees to amend condition 4 (Time Limitation) in accordance with the following: Time Limitation

4. Given the retrospective nature of the application the applicant must ensure full compliance with the conditions of the approval on or before 10 December 2016 10 June 2018.

B. Council agrees to amend Condition 1 (k) and 1 (l) (Approved Plans and Documents) in

accordance with the following:

Approved Plans and Documents: k. Inclusion of the car parking spaces and driveway areas for the Low Impact Industry

(Automotive Repairs and Service) in accordance with the requirements of the Development Standards Code, being:

1. Motor vehicle workshop - 1 space per 50m2 used for the repair of motor vehicles. 1 space per 50m2 GFA up to 500m2 plus 1 space per 100m2 for that part exceeding 500m2 used for the repair of motor vehicles.

Include: (that it be noted that area should be left available on-site for expansion of the parking area should it be needed in the future).

l. Inclusion of the car parking spaces and driveway areas for the Commercial Premise in

accordance with the requirements of the Development Standards Code, being: 1. 1 space per 30m2 of gross floor area (GFA).

C. Council agrees to amend Condition 24 (Road/Access) in accordance with the following:

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Road /Access

24. Within six (6) months of the date of this approval, all traffic areas on the premises must be constructed of reinforced concrete or asphalt with a suitably designed pavement to the satisfaction of the Assessment Manager in accordance with the CMDG.

24. All traffic areas, shown on drawing DA03 Revision C (highlighted in light grey) must be

constructed of reinforced concrete or asphalt with a suitably designed pavement to the satisfaction of the Assessment Manager and in accordance with the requirements of the Capricorn Municipal Development Guidelines. Alternatively the area shown on drawing DA02 Revision A to be designated as ‘Hardstand for Machinery Storage’ is to be constructed of compacted gravel and maintained so as to minimise the impact of dust on neighboring properties.

D. Council agrees to amend Condition 33 (Lighting) in accordance with the following:

Lighting 33. A lighting plan must be prepared by a suitably qualified consultant (RPEQ) and

submitted to the Assessment Manager for review and approval. The applicant/developer must demonstrate that adequate road lighting will be provided to satisfy the requirements of a P3 lighting standard for: a. Provided to the All internal vehicle accessways; b. Provided to the All pedestrian pathways; and c. Provided to The entrance of to the development. in accordance with Ergon Energy’s requirements and Australian Standard AS/NZS 1158, Once endorsed, the plan will form part of this approval and must be constructed to the satisfaction of the Assessment Manager.

And Issue the relevant Notice under section 376 of the Sustainable Planning Act 2009. Moved: Cr Middleton Seconded: Cr Snell Carried

Report Applicant: DG & BJ Copeland c/- Insite SJC Owner/s: Donald G Copeland and Beverley J Copeland Subject Site: Lot 4 on SP126056, Jambin Dakenba Road Biloela Request Received: 10 March 2017 Request Type: Request to change approval section 369 Original Negotiated Decision Notice: 30 October 2013 Planning Scheme: Banana Shire Planning Scheme 2005 Zone and Overlays: Rural Zone, Agricultural Land Class Overlay, The Catchment Overlay Applicable Codes: Desired Environmental Outcomes, Rural Zone Code, Commercial

Development Code, Development Standards Code, Caravan Park and Workers Accommodation Code, Economic Resources Overlays Code and Natural Features and Conservation Areas Overlays Code.

Referral Agencies: Nil Submissions: Four (4) Summary: The proposed request is consistent with the overall intent and

provisions of the Banana Shire Planning Scheme 2005 and the Sustainable Planning Act 2009.

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BACKGROUND Council issued a Development Permit for Material Change of Use for Vehicle Depot, Bulk Storage, Commercial Premise, Workers Accommodation, Low Impact Industry (Automotive Repairs and Services) and Environmentally Relevant Activity for Mechanical Workshop (ERA21) over land situated at Lot 4 Jambin Dakenba Road, Dakenba described as Lot 4 on SP126056 by Negotiated Decision Notice (ID1401687) dated 30 October 2013. The development was decided at Council’s Ordinary Meeting held on 29 October 2013 (OM002541). Following this Council issued a Notice about request to change an approval on the 14 December 2015; the request to change development approval was decided at Council’s Ordinary meeting on the 9 December 2015 (ID41945). The initial approval involved the re-use of existing buildings on site for various uses such as bulk storage for construction equipment, use as a vehicle depot for both indoor and outdoor storage and as commercial premises for a training facility. The approval involved a workers accommodation for 4 accommodation units limited to overnight stays used only by drivers associated with the bulk store and or vehicle depot on the site. There has been a previous request to change the development approval. A request to change the development approval under section 369 (Permissible Change) has been made by DG & BJ Copeland C/- Insite SJC under letter received by Council on 28 September 2015 (ID19146). However the application was not considered properly made until landowners consent was supplied on 16 October 2015. The request sought the following changes to the development approval.

Amend Condition 4 (Time Limitation) to allow a further 12 months from the date of the amended approval to comply with all conditions of approval.

A request to change the development approval under section 369 (Permissible Change) has been made by DG & BJ Copeland c/- Insite SJC under letter received by Council on 10 March 2017 (ID113574). The request seeks the following four changes to the development approval.

Amend Condition 4 (Time Limitation) to allow a further 18 months from the date of the amended approval to comply with the conditions.

Change condition 1 (k) and 1 (l) to reduce the amount of car parking spaces as required by the Planning Scheme for the part of the development that is for motor vehicle workshop and the commercial premises from 57 required car parking spaces to 43 car parking spaces.

Amend condition 24 by removing the time limit of six months to construct all traffic areas on the premises with reinforced concrete or asphalt.

Amend condition 33 (a) and (b) that lighting only be provided where there might be a conflict with pedestrians.

PUBLIC NOTIFICATION

The original application was subject to Public Notification. A total of four (4) properly made submissions were received about the application. Consideration of submitters views about the original application form part of the assessment of this request. REFERRAL AGENCIES There were no referral agencies for the application.

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INTERNAL REFERRAL COMMENTS The request was referred internally on 10 March 2017 (ID113596 & ID113574) Infrastructure Services – Comments received 28 April 2017 (121889) On 3 April 2017, further information was required from the applicant regarding the request to change condition 24. A response was received on the 21 April 2017 from the applicant. Comments, conditions and advice received during internal referral have been incorporated in the assessment, decision and conditions of approval. ASSESSMENT Consideration of the request against the criteria provided under section 374 of the Sustainable Planning Act 2009 is included below:

Criteria under section 374 SPA Comment

(a) the information the person making the request included with the request; and

The applicant provided supporting information relating to the request; the applicant requested that 4 conditions be amended to allow the development to fully comply with the conditions of approval.

(b) the matters the responsible entity would have regard to if the request were a development application; and

This request will grant a further extension of time for the development to comply with the full list of conditions imposed by Negotiated Decision Notice issued by Council on 30 October 2013. We consider that due to the scale and complexity of the development, that more time will allow the development to comply and achieve a positive outcome.

(c) if submissions were made about the original application—the submissions; and

Four submissions were made about the development application. Since that time there have been no further complaints regarding matters raised in the submissions and therefore, it appears that the development is not having a detrimental effect on the surrounding area. Further to this, conditions imposed in response to submitters concerns have been complied with in part.

(d) any notice about the request given under section 373 to the entity; and

Not applicable to this application as there were no referral agencies.

(e) any pre-request response notice about the request given to the entity.

Not applicable to this application as there were no referral agencies.

In view of this, it is recommended that: A. Council agrees to amend condition 4 (Time Limitation) in accordance with the following:

4. Given the retrospective nature of the application the applicant must ensure full compliance with the conditions of the approval on or before 10 December 2016 10 June 2018.

B. Council agrees to amend Condition 1 (k) and 1 (l) (Approved Plans and Documents) in

accordance with the following:

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k. Inclusion of the car parking spaces and driveway areas for the Low Impact Industry (Automotive Repairs and Service) in accordance with the requirements of the Development Standards Code, being:

1. Motor vehicle workshop - 1 space per 50m2 used for the repair of motor vehicles. 1 space per 50m2 GFA up to 500m2 plus 1 space per 100m2 for that part exceeding 500m2 used for the repair of motor vehicles. Include: (that it be noted that area should be left available on-site for expansion of the parking area should it be needed in the future)

l. Inclusion of the car parking spaces and driveway areas for the Commercial Premise in

accordance with the requirements of the Development Standards Code, being: 1. 1 space per 30m2 of gross floor area (GFA).

C. Council agrees to amend Condition 24 (Road/Access) in accordance with the following:

24. Within six (6) months of the date of this approval, all traffic areas on the premises must be constructed of reinforced concrete or asphalt with a suitably designed pavement to the satisfaction of the Assessment Manager in accordance with the CMDG.

24. All traffic areas, shown on drawing DA03 Revision C (highlighted in light grey) must be constructed of reinforced concrete or asphalt with a suitably designed pavement to the satisfaction of the Assessment Manager and in accordance with the requirements of the Capricorn Municipal Development Guidelines. Alternatively the area shown on drawing DA02 Revision A to be designated as ‘Hardstand for Machinery Storage’ is to be constructed of compacted gravel and maintained so as to minimise the impact of dust on neighbouring properties.

D. Council agrees to amend Condition 33 (Lighting) in accordance with the following:

33. A lighting plan must be prepared by a suitably qualified consultant (RPEQ) and submitted to the Assessment Manager for review and approval. The applicant/developer must demonstrate that adequate road lighting will be provided to satisfy the requirements of a P3 lighting standard for: a. Provided to the All internal vehicle access ways; b. Provided to the All pedestrian pathways; and c. Provided to The entrance of to the development. in accordance with Ergon Energy’s requirements and Australian Standard AS/NZS 1158, Once endorsed, the plan will form part of this approval and must be constructed to the satisfaction of the Assessment Manager.

DELEGATIONS/ AUTHORISATIONS The Chief Executive Officer of Banana Shire Council is delegated the power to issue a Decision Notice Approval pursuant to the relevant sections of the SPA. The Chief Executive Officer of Banana Shire Council delegated power to the Director Planning, Strategy, and Sustainability, Manager Planning and Strategy to take action as an ‘Assessment Manager’ under the relevant sections of the SPA under which this application was processed, and under which the Decision Notice will be issued. Under normal operating procedures, applications with submissions or involving policy sensitive matters (as determined by the Director Planning, Strategy and Sustainability) are considered by Council for determination.

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COMMUNICATION

The Applicant will be advised of Council’s decision in accordance with the requirements of the Sustainable Planning Act 2009.

Considerations 1. Corporate Plan

This report and recommendation is consistent with the intent of the Banana Shire Council Corporate Plan 2009-2014.

2. Policy and Legal Implications

The application was processed in accordance with the relevant provisions of the Sustainable Planning Act 2009 (SPA). Appeal rights apply to the Applicant.

3. Financial and Resource Implications

N/A

4. Risk Assessment

A risk assessment has been undertaken; the decision may be subject to an appeal through the Planning and Environment court.

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10.2.3 MCU007-16/17 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE –

(CODE ASSESSABLE) FOR EXTENSION TO EXISTING CARAVAN PARK, 80 UNITS IN 27 BUILDINGS, KITCHEN AND 2 RECREATION UNITS LOCATED AT 95-113 DAWSON HIGHWAY MOURA AND DESCRIBED AS LOT 10 ON SP210594.

Date: 10 April 2017 Author: Rentia Robertson, Planning Officer File ID: MCU007-16/17 Letter ID: Attachment: 1. Assessment Manager Conditions – ID123222 2. Location Maps – ID123223 3. Approved Plans – ID123224 4. Concurrence Agency Response dated 30 March 2017 - ID117158 Minute No: OM003759

Recommendation That Development Permit Application MCU007-16/17 for a Material change of Use (Code Assessable) for an Extension to an Existing Caravan Park for 80 units in 27 buildings, kitchen and 2 recreation units located at 95-113 Dawson Highway, Moura, described as Lot 10 on SP210594 be approved subject to the conditions contained in Attachment 1 (ID123222) and conditions dated 30 March 2017 imposed by the State Assessment and Referral Agency (SARA) as a concurrence agency (ID117158).

Resolution: That the matter be deferred to the June Ordinary Meeting. Moved: Cr Semple Seconded: Cr Leo Carried

Report Applicant: GSPC Owner/s: Panchek Pty Ltd Subject Site: Lot 10 SP210594 Application Lodged: 25 January 2017 properly made on 10 February 2017 Planning Scheme: Banana Shire Planning Scheme Zone and Overlays: Town Zone Tourism Precinct Applicable Codes: Town Zone, Development Standards Code, Caravan Park and Workers

Accommodation Code Referral Agencies: Department of Infrastructure, Local Government and Planning Submissions: N/A Summary: The proposal is consistent with the overall intent and provisions of the Banana

Shire Planning Scheme 2005 and the Sustainable Planning Act 2009. Background Proposal GSPC is seeking a development permit on behalf of the owners Panchek Ltd Pty for an extension to the existing caravan park being 80 units in 27 buildings, a kitchen and 2 recreation / gym modules, amenities /laundry building, and a gazebo/open space/BBQ area. The proposal is for 3 and 2 units per building respectively, consisting of a bedroom and an ensuite. The proposed kitchen modules are 3x12mx3m and may provide seating for up to 120 people, the kitchen modules is to replace a

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previous one that has since been removed from the site. Two recreation/ gym/internet modules are proposed this will be replacing existing units within the park. The gym modules are 13x3.1m in size. These buildings will be fitted with general gym and furniture equipment for the use of the patrons of the park. Eighty car parking spaces and 2 disabled car parking spaces is proposed with this application. A five meter vegetation buffer is proposed along the south-eastern boundary that runs along the Dawson Highway. The proposed development is for the expansion of the existing Moura Caravan Park. Due to the nature of the proposal for an extension to existing caravan park, it is necessary to refer the application to Council for decision. Subject Site and Surrounding Land Uses Moura Caravan Park is located at 95-113 Dawson Highway, Moura, described as Lot 10 on SP210594. The land is currently used for a caravan park, being the Moura Caravan Park, a use that is defined under the Banana Shire Planning Scheme 2005. Surrounding land uses are rural to the northern side and industrial and highway to the south and western boundries. The property is bounded by the Dawson Highway to the south-eastern boundary, thus having a minimal impact upon any adjoining neighbours.

Planning History The use and operations of the caravan park has been ongoing since 1985, as Council records indicate that on the 22/11/85 Council resolved to proceed with zoning of Allot 10 Sec.23 to Special Facility – Caravan Park. (Lot 10 on SP210594 previously existed as Allot 10 Sec.23). More recent approvals are listed below.

T-0496 – Approval 1 Issued 26 October 2007

Material Change of Use (Code Assessable Application) ’40 Cabins and Amenities Block’.

T-0496 – Approval 2 issued 8 December 2010

Change to Existing Approval – from 40 to 20 cabins (80 units)

T-0496 – Extension of time issued 25 October 2011 The current proposal will not conflict with the abovementioned previous approvals and conditions, as these approvals have lapsed, and this development application is seeking to re-establish the

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subsequently lapsed applications with some minor expansions. The proposed cabins are proposed generally in line with the existing setbacks of buildings on the site. The landscape buffer along the boundaries will be retained, and a condition requiring landscaping will be imposed. Key Issues Flood Hazard Parts of the Banana Shire are susceptible to flooding. The subject site is identified as not being flood prone according to the Flood Study KBR- version 2 Banana Shire Flood Assessment Moura – Maximum Flood Depth PMP Event dated 12/05/2016 Map 05-MO-204. Referral Agencies The application triggered referral to the Department of Infrastructure Local Government and Planning (DILGP) – State Assessment Referral Agency (SARA) as a concurrence agency, as the site is located on land within 100metres of a State Controlled Road. A concurrence response (conditions) was provided and will be included in the decision notice. Internal Referral Comments The application was referred internally on 27 January 2017 (ID 104612). Infrastructure Services – Comments received 16 February 2017 (ID 108241). Environmental Health – Comments received 13 February 2017 (ID 107490). Water and Sewerage – Comments received 16 February 2017 (ID 108241 & ID105156). Comments, conditions and advice received during internal referral have been incorporated in the decision and conditions of approval. Public Notification The application was not subject to Public Notification. Town Planning Considerations Banana Shire Planning Scheme 2005 The subject land is located in the Town Zone - Tourism Precinct and the following planning scheme overlay/s is implicated: Economic Resource Overlay comprising of the Agricultural Land Class Overlay & Mining Resources Overlay, and Natural Disaster Overlay- Bushfire Prone Land. Economic Resource Overlay indicates the site as being located in the C1 pasture land on the Agricultural Land Class Overlay. The subject site is located within the Town Zone there for the Agricultural Land Class Overlay C1 does not apply to this proposal. Economic Resource Overlay comprising of the Mining Resources Overlay identifies mineral tenements comprising PL, ML & MDL that runs through the site. The proposal is for an expansion of an existing caravan park and therefore would not impact on any mineral resources. Natural Disaster (Bushfire Prone Land) Overlay identifies the land to be of low bush fire severity. The proposal is consistent with the intent of the overlays. The proposed development is therefore assessable against the following applicable codes:

Town Zone Code

Development Standards Code

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Caravan Park and Workers Accommodation Code Town Zone Code The subject land is located in the Town Zone - Tourism Precinct which is predominantly used for purposes associated with tourism such as caravan parks. The proposal is for the expansion of the existing caravan park. The use is defined under the Scheme within the Residential Use Class as a “caravan park” meaning:- “any combination of the parking of caravans or relocatable homes, camping or the pitching of tents, or the use of cabins with a maximum total use area of 80m2 for each cabin, whether for the travelling public or long-term residents. The term includes any manager’s office or residence, shop, amenity buildings and recreational and entertainment facilities which cater exclusively for the occupants of the caravan park”. Table 4.4.1 (1) – Assessment Categories and Relevant Assessment Criteria for the Town Zone – Making a Material Change of Use sets the level of assessment for “Caravan Park” in the Town Zone – ‘Tourist Precinct’ as being Code Assessable. The proposed development is considered to comply with the Town Zone Code. Development Standards Code The development standards code regulates the design and siting aspects of the development. Conditions of approval have been imposed to ensure full compliance with the planning scheme. The proposed development is considered to comply with the Development Standards Code. Caravan Park and Workers Accommodation Code The proposed development for the expansion of the existing caravan park complies with all the site area requirements landscaping setbacks and access requirements according to the Banana Shire Planning Scheme 2005. The proposed development is considered to comply with the Caravan Park and Workers Accommodation Code. Conditions of approval have been imposed to ensure full compliance with the planning scheme. Desired Environmental Outcomes The proposed development does not represent a departure from any of the relevant planning scheme codes. Having considered the proposed development in detail, the Development and Environmental Services is satisfied that approval of the development will not compromise the Desired Environmental Outcomes for the Planning Scheme Area. That is, assessment of the proposal revealed that the development is consistent with the relevant planning scheme code which is an indication of advancing the Planning Schemes Desired Environmental Outcome’s. Adopted Infrastructure Charges Resolutions Council’s Adopted Infrastructure Charges Resolution No. 1 is applicable to the proposed development. Infrastructure Charges calculations and amounts are provided below:

Infrastructure Network

Area1 - Charge amount Per Charge Unit

Units Infrastructure Charge ($)

Water & Sewer Cabin/ $4000.00 80 cabins $320 000.00

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Accommodation unit

Kitchen Food and drink outlet

$56/m2 use area 1550m2 $56 800.00

Recreation/gym Indoor sport and recreation facility-if not for profit

$32/m2 2160m2 $69 120.00

Total $475 920.00

State Planning Policy and Central Queensland Regional Plan The State Planning Policy (SPP) and Central Queensland Regional Plan have been considered in the assessment of this application. State and Regional interests will not be compromised by the decision. Conclusion On the basis of the above assessment, it is considered that the application be approved subject to conditions. Delegations/Authorisations The Chief Executive Officer of Banana Shire Council is delegated the power to issue a Decision Notice Approval pursuant to the relevant sections of the SPA. The Chief Executive Officer of Banana Shire Council delegated power to the Director Council Services, Manager Environment & Planning to take action as an ‘Assessment Manager’ under the relevant sections of the SPA under which this application was processed, and under which the Decision Notice will be issued. Under normal operating procedures, applications with submissions or involving policy sensitive matters (as determined by the Director Council Services) are considered by Council for determination. Communication The applicant will be advised of Council’s decision in accordance with the requirements of the Sustainable Planning Act 2009.

Considerations 1. Corporate Plan

This report and recommendation is consistent with the intent of the Banana Shire Council Corporate Plan 2009-2014.

2. Policy and Legal Implications The application was processed in accordance with the relevant provisions of the Sustainable Planning Act 2009 (SPA). Appeal rights apply to the applicant and to submitters.

3. Financial and Resource Implications N/A

4. Risk Assessment N/A

Moved Cr Middleton, seconded Cr Leo and carried: That the meeting adjourn for morning tea at 10.00am.

Moved Cr Middleton, seconded Cr Semple and carried: That the meeting recommence at 10.30am

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10.2.4 MCU013-12/13 – REQUEST TO EXTEND PERIOD IN S 341 SUSTAINABLE PLANNING ACT

2009 FOR MATERIAL CHANGE OF USE (IMPACT ASSESSABLE) – FOR SERVICE STATION & TRUCK STOP, INCLUDING SHOP, FOOD PREMISES & VEHICLE DEPOT (OVERNIGHT TRUCK PARKING) & ERA (CHEMICAL STORAGE THRESHOLD) 8(3)(A) LOCATED AT LOT 5 LEICHARDT HIGHWAY WESTWOOD DESCRIBED AS LOT 5 ON SP215982.

Date: 8 May 2017 Author: Rentia Robertson – Planning Officer File No: MCU013-12/13 (2) Letter No: Attachments: ID123312 - Location Map DW1343132 - Original Decision Notice ID116761 - Applicants Representations ID123304 - Department of Infrastructure, Local Government and Planning Concurrence Referral Agency Response (27.04.2017) Minute No: OM003760

Resolution: That Council approve the request to extend period in s 341 Sustainable Planning Act 2009 made by TFA Project Group on 31 March 2017 for Development Permit Number MCU013-12/13 for Material Change of Use (Impact Assessable) – For Service Station & Truck Stop, including Shop, Food Premises & Vehicle Depot (Overnight Truck Parking) & ERA (Chemical Storage Threshold) 8(3)(a) located at Lot 5 Leichardt Highway Westwood described as Lot 5 on SP215982 for a further 2 years until 1 July 2019. And Issue the relevant Notice under section 389 of the Sustainable Planning Act 2009. Moved: Cr Middleton Seconded: Cr Semple Carried

Report Applicant: TFA Project Group Owner/s: Kenneth David Lawrie Request Received: 28 March 2017 (properly made on 31 March 2017) Request Type: Request to extend period in s 341 Original Decision Notice: 1 July 2013 Subject Site: Lot 5 Leichardt Highway Westwood, Lot 5 on SP215982 Planning Scheme: Banana Shire Planning Scheme 2005 Zone and Overlays: Rural zone Applicable Codes: Agricultural Land Overlay Class C2 Bushfire Prone Overlay – Low severity Referral Agencies: Department of Infrastructure, Local Government and Planning. Submissions: Nil Summary: The proposed request is consistent with the overall intent and provisions of the Banana Shire Planning Scheme 2005 and the Sustainable Planning Act 2009.

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BACKGROUND Council issued a Development Permit for Material Change of Use (Impact Assessable) – For Service Station & Truck Stop, including Shop, Food Premises & Vehicle Depot (Overnight Truck Parking) & ERA (Chemical Storage Threshold) 8(3)(a) over land situated at LOT 5 ON SP215982described as Lot 5 on SP215982 by Decision Notice dated 1 July 2013. (DWS 1305026).

Background and summary of Development Permit approval:

The subject site is located close to the intersection of the Leichhardt Highway and Capricorn Highway intersection, within the Banana Shire Council jurisdiction.

The Development Permit was approved on the 1 July 2013 for a Material Change of Use of the premises for use of a Service Station and ancillary activities, including a heavy parking facility and a dining facility.

Detail descriptions of the Material Change of Use are as follows:

A service station building with a GFA of 585 square metres, with a pay area, separate public and truck drive dining areas and bathroom facilities including shower and locker area for truck drivers;

Convenience store component with a floor area of 138 square metres of retail GFA;

Overall floor area of the building and related external dining areas being 716 square metres (GFA),

Separate heavy and light vehicle refuelling areas;

Truck parking and lay-over area located at the rear of the development;

Rest areas and outdoor dining for motorists;

Hours of Operation – 24 hours a day 7 days a week;

Vehicle access is proposed to be located at the highest point on the Leichhardt Highway frontage;

A total of 19% of the site is proposed to be landscaped;

The stormwater management system incorporates four bio-retention / detention basins, swales and rainwater retention tanks;

Provision for 35 car parks for light vehicles, 13 spaces for heavy vehicles (including B-triple and B-double parking) and 3 dedicated bays for caravan parking;

Water will be provided from a combination of bore water from the property located to the north of the Capricorn Highway, and rainwater collection via rainwater tanks;

An on-site sewerage treatment system is proposed;

Electricity and telecommunications services will be extended from the intersection to the site.

Background to the proposed extension:

The Department of Transport and Main Roads were a concurrence referral agency on this proposal and as a result of this, imposed a number of conditions on the development. The conditions required extensive civil road works making the development unfeasible. As a result to this the applicant appealed the conditions imposed by DTMR and succeeded in having the extent of road works requirements reduced.

As a result of the above negotiations with DTMR, that took about three years to resolve. The applicant has run out of time to market and commence the development, given the nature and scale of the development. In order for the applicant to re-market the development some additional time is required on the currency period for the development. The applicant is requesting an additional two years to be extended to the currency period to allow appropriate time to commence the development to be substantially commenced before the proposed expiry date of 1 July 2019.

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A request to change the development approval under section 383 (Extending period of approvals) has been made by TFA Project Group under letter received by Council on 28 March 2017 (ID116761). The request seeks an extension to the approval period for a further 2 years until 1 July 2019. PUBLIC NOTIFICATION

The original application was subject to Public Notification. No properly made submissions were received about the application. REFERRAL AGENCIES The request was given to the Department of Infrastructure, Local Government and Planning on 28 March 2017, according to the applicant. Each particular entities response is summarised below:

Particular Entity Response

Department of Infrastructure, Local Government and Planning.

On the 27 April 2017, a response was received from the concurrence agency: Department of Infrastructure, Local Government and Planning. The department has advised that it has no objection to the extension to the relevant period until the 1 July 2019.

ASSESSMENT The Sustainable Planning Act 2009 provides criteria for considering a request to extend the period in s 341 (relevant period). A summary assessment against these criteria is provided below:

Criteria under Section 388 SPA Comment

(a) the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1; and

The proposed extension of time will not attract additional infrastructure charges given the proposed plans of development remain unchanged.

(b) the community’s current awareness of the development approval; and

The original application was subject to impact assessment and public notification. No submissions were received about the application. The site in located in the rural zone and well separated from residential areas and sensitive uses.

(c) whether, if the request were refused— (i) further rights to make a submission

may be available for a further development application; and

(ii) the likely extent to which those rights may be exercised; and

The planning provisions remained the same since 2013 and no submissions were received during the original application, it is considered to be little gained from lodging a new development application to be assessed against the same planning policy.

(d) the views of any concurrence agency for the approval given under section 385.

The Department of Infrastructure, Local Government and Planning provided a response on 27 April 2017 stating that it has no objection to the extension to the relevant period until the 1 July 2019 (ID123304)

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In view of this, it is recommended that Council:

Approve the request to extend the approval period for a further 2 years until 1 July 2019. DELEGATIONS/ AUTHORISATIONS The Chief Executive Officer of Banana Shire Council is delegated the power to issue a Decision Notice Approval pursuant to the relevant sections of the SPA. The Chief Executive Officer of Banana Shire Council delegated power to the Director Planning, Strategy, and Sustainability, Manager Planning and Strategy to take action as an ‘Assessment Manager’ under the relevant sections of the SPA under which this application was processed, and under which the Decision Notice will be issued. Under normal operating procedures, applications with submissions or involving policy sensitive matters (as determined by the Director Planning, Strategy and Sustainability) are considered by Council for determination. COMMUNICATION

The Applicant will be advised of Council’s decision in accordance with the requirements of the Sustainable Planning Act 2009.

Considerations 1. Corporate Plan

This report and recommendation is consistent with the intent of the Banana Shire Council Corporate Plan 2009-2014.

2. Policy and Legal Implications

The application was processed in accordance with the relevant provisions of the Sustainable Planning Act 2009 (SPA). Appeal rights apply to the Applicant.

3. Financial and Resource Implications

N/A

4. Risk Assessment

A risk assessment has been undertaken; the decision may be subject to an appeal through the Planning and Environment court.

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10.2.5 RAL007-16/17 - DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1

INTO 2) FOR A CODE ASSESSABLE APLICATION LOCATED AT 4333 NATHAN ROAD, COCKATOO DESCRIBED AS LOT 9 ON SP152696

Date: 27 April 2017 Author: Rentia Robertson, Planning Officer File ID: RAL007-16/17 Letter ID: Attachment: Attachment 1 – Assessment Manager Conditions – ID123137 Attachment 2 – Location Maps – ID123138 Attachment 3 – Approved Plans – ID123140 Minute No: OM003761

Resolution: That Development Permit Application RAL007-16/17 for a Reconfiguration of a Lot 1 into 2 (Code Assessable) located at 4333 Nathan Road, Cockatoo described as Lot 9 on SP152696 be approved subject to the conditions contained in Attachment 1 (ID123137). Moved: Cr Boyce Seconded: Cr Brennan Carried

Report Applicant: Sonia Watson Owner/s: Anthony Hay, Jenelle Hay and Casey Hay Subject Site: 4333 Nathan Road, Lot 9 on SP152696 Application Lodged: 5 April 2017 Planning Scheme: Taroom Planning Scheme 2006 Zone and Overlays: Rural Zone, Rural B Precinct, Good Quality Agricultural Land, Bush Fire

Hazard Areas, Biodiversity Planning Assessment. Applicable Codes: Reconfiguring a Lot Code Referral Agencies: N/A Submissions: N/A Summary: The proposal is consistent with the overall intent and provisions of the

Taroom Planning Scheme 2006 and the Sustainable Planning Act 2009. Background

Proposal

The application proposes to reconfigure one (1) existing lot into two (2) lots. The original lot, Lot 9 on SP152696 contains an area of 2816ha and is divided by Nathan Road, into 2 parcels.

The reconfiguration will create 2 parcels of land, using the existing Nathan Road as the boundary. The proposed reconfiguration will create 2 lots, sized as follows: Proposed Lot 9 size 2141ha and Proposed Lot 8 size 675.1ha. Both lots have an irregular shape, and fronts Nathan Road. Both lots will maintain their existing access from Nathan Road. No additional dwellings or improvements are proposed at this stage.

Subject Site and Surrounding Land Uses

The subject site is located at 4333 Nathan Road, Cockatoo, and is located 68km west from Taroom, and is surrounded by rural properties. Nathan Road divides Lot 9 into 2 separate parcels, as a result of this the land has been utilised for the past ten years as separate lots by separate family entities,

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operating the 2 lots as separate business units. The applicant has provided supporting information in respect to income generated on the smaller portion (Proposed lot 8), resulting in it being an economically viable entity.

The reconfiguration will not alter the current use; the application is seeking separate titles for the 2 lots. The continued use of livestock grazing on the land is to continue on the separate lots.

Planning History There is no relevant planning history. Key Issues The key issues considered in the assessment of the development application include: Minimum lot sizes Proposed Lot 8 is less than the minimum lot size of 1000 hectares as prescribed by the Reconfiguring a Lot Code. The lot size for proposed Lot 8 will be 325ha less than the required size. Notwithstanding this, it is noted that the proposed lot is already separated from the larger parcel by Nathan Road. The proposal does not alter the utility of the land, or the character of the area. Due to Nathan Road severing the parcel in two, it will be acting as the proposed boundary for the subdivision. The required size for 1000 hectares cannot be achieved due to the existing road separating the parcel into two. Referral Agencies There were no referral agencies for this application. Internal Referral Comments The application was referred internally on 11 April 2017 (ID 119130) Infrastructure Services – Comments received 4 May 2017 (ID 122604) Comments, conditions and advice received during internal referral have been incorporated in the decision and conditions of approval.

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Public Notification The application was not subject to Public Notification. Town Planning Considerations Taroom Planning Scheme 2006 The subject land is located in the Rural Zone - Rural B precinct and the following planning scheme overlay/s:

Biodiversity Planning Assessment

Bush Fire Hazard Areas

The proposed development is therefore assessable against the following applicable codes:

Rural Zone

Reconfiguring a Lot Code Rural Zone The Rural Zone is intended primarily for rural uses and associated activities; it protects the rural uses, environmental values relating to water and soil quality, vegetation and the management of weeds and pests. The application does not propose any changes to the existing uses of either Proposed Lot 9 and 8. The land is used as farm land and will continue the grazing of livestock at the current stocking rates and it would be no different following the subdivision. The proposal is to separate the two lots, maintaining the rural use. The existing character of the land is preserve without impacting on the environmental values. The proposed development is considered to comply with the Rural Zone Reconfiguring a Lot Code The land characteristics map indicates the site as being land in the Rural B precinct, and for all lots to have a minimum lot size of 1000hectares, 800metres and minimum width depth ratio of 1:5. Lots are to ensure by reconfiguring a lot the lot retains its viability as an area of primary production. The applicant has provided information with respect to their income in supporting Proposed Lot 8 as being an economically viable entity. Proposed Lot 8 has been utilised as a separate business lot for the past 10 years. The proposed development is considered to comply with the Reconfiguring a Lot Code. Biodiversity Planning assessment The proposed site is identified as being in an area of the biodiversity Planning Assessment. The nature of the proposed subdivision will not impact on the essential habitat for endangered, rare or threatened species. The proposed development is considered to comply with the Biodiversity Planning assessment. Bush Fire Hazard Areas The proposed site is mapped as containing low to medium hazard areas, with the low category covering the majority of the site. The application does not propose development that changes existing uses or character. No new structures are proposed with this development application. The proposed development is considered to comply with the Bush Fire Hazard Areas. Desired Environmental Outcomes

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The proposed development does not represent a departure from any of the relevant planning scheme codes. Having considered the proposed development in detail, the Development and Environmental Services is satisfied that approval of the development will not compromise the Desired Environmental Outcomes for the Planning Scheme Area. That is, assessment of the proposal revealed that the development is consistent with the relevant planning scheme code which is an indication of advancing the Planning Schemes Desired Environmental Outcome’s. Adopted Infrastructure Charges Resolutions Council’s Adopted Infrastructure Charges Resolution No. 1 is not applicable to the proposed development. State Planning Policy The State Planning Policy has been considered in the assessment of this application. The site is mapped for three matters under the SPP; Biodiversity, Water Quality and Natural Hazards Risk and Resilience. Biodiversity The mapping trigger relates to regulated vegetation and regulated vegetation (intersecting a water course). The SPP requires that development enhance matters of Sate environmental significance identifies potential adverse impacts from the development and manages their effect on the environmental significance. The proposed subdivision does not intersect the mapped area of significance on the site and has no adverse impacts. Water Quality The area is covered by the mapped area for stormwater management design objectives. The SPP requires that development avoids or minimises adverse impacts on the values of the receiving waters from altered flows, wastewater or artificial waterways. The proposal makes no physical change to the site and has no potential for adverse impacts on receiving waters. Natural Hazards The site is partially covered by bushfire hazard area associated with vegetation along the water courses traversing the site. The Taroom Planning Scheme - Land Characteristics Map – Bushfire Hazard areas has identified the areas as low to medium hazard, with the low category covering the majority of the site. The SPP requires that development avoids or otherwise mitigates bushfire risk to a tolerable level, does not affect disaster management response or contribute to an increase in bushfire severity. The proposal makes no physical change to the nature of the land or its exposure to risk from bushfire and has no impact on disaster management responses. The proposal is consistent with the outcomes sought by the SPP. Central Queensland Regional Plan The Regional Plan is not applicable to the assessment of this application. Conclusion On the basis of the above assessment, it is considered that the application be approved subject to conditions.

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Delegations/Authorisations The Chief Executive Officer of Banana Shire Council is delegated the power to issue a Decision Notice Approval pursuant to the relevant sections of the SPA. The Chief Executive Officer of Banana Shire Council delegated power to the Director Council Services, Manager Environment & Planning to take action as an ‘Assessment Manager’ under the relevant sections of the SPA under which this application was processed, and under which the Decision Notice will be issued. Under normal operating procedures, applications with submissions or involving policy sensitive matters (as determined by the Director Council Services) are considered by Council for determination. Communication The applicant will be advised of Council’s decision in accordance with the requirements of the Sustainable Planning Act 2009.

Considerations 1. Corporate Plan

This report and recommendation is consistent with the intent of the Banana Shire Council Corporate Plan 2009-2014.

2. Policy and Legal Implications

The application was processed in accordance with the relevant provisions of the Sustainable Planning Act 2009 (SPA). Appeal rights apply to the applicant and to submitters.

3. Financial and Resource Implications N/A

4. Risk Assessment N/A

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10.2.6 PENALTY INFRINGEMENT NOTICES Date: 10 May 2017 Author: Victoria Hammer, Senior Environmental Health Officer File ID: 8206 Letter ID: Attachment: ID123641 - Example from SPER for Animal Management (Cats & Dogs) Act ID123642 - Example from SPER for Local Law infringement notices ID123643 - Example of PINS – Water Services Minute No: OM003762

Resolution: That Council prepare a Notice of Motion in relation to the SPER process and requirements for Local Government, for the Central Queensland Regional Organisation of Councils meeting in June, and request that the motion be supported and submitted to the Local Government Association of Queensland’s 2017 State Conference. Moved: Cr Leo Seconded: Cr Boyce Carried

Report Council has requested information regarding the value of Penalty Infringement Notices and how the amount is calculated. Penalty Infringement Notices (PINs) may be issued when an offence has been committed against a local law or other legislation for which Council is the regulating agency. The value of a PIN is calculated by multiplying the value of 1 penalty unit by the number of penalty units set for that offence. The penalty unit value is set by the Queensland Government and is currently $121.90 (current from 01 July 2016). The number of penalty units specific to an offence is set under the State Penalties Enforcement Regulation 2014.

For example: Under the Animal Management (Cats & Dogs) Act 2008 section 44 (2) states an owner of a dog must register their dog in the relevant local governments area within 14 days after starting to keep the dog in the area unless the person has a reasonable excuse. Maximum penalty – 20 Penalty units. When a dog is identified as unregistered, we send a letter to the offender to advise them of their obligations and give them 21 days to register their dog. On failure to register the dog by the prescribed date, we then send a Final Notice to the offender requiring the dog to be registered within 14 days. On failure to register the dog by the prescribed date, we then issue a penalty infringement notice to the value of $243.00

The State Penalties Enforcement Regulation 2014 prescribes the number of penalty units for an infringement notice fine as 2 penalty units for an offence under the AM(C&D)Act s44(2). Therefore the PIN value is $121.90 x 2 = $243.80. The State Penalties Enforcement Act 1999

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prescribes the value is to be rounded down to the nearest whole dollar value. Therefore the PIN is issued for $243.00 to the offender.

Infringement notices can only be issued by a person authorised to do so under the relevant applicable acts. Other PIN Examples

Act Offence Penalty Unit (SPER) PIN value

Animal Management (Cats & Dogs) Act 2008

s.44 (2) Failure to register dog

2 $243.00

Local Law No. 2 (Animal Management) 2011

s.14 (1) Failure to prevent animal from wandering

2 $243.00

Local Law No. 1 (Administration) 2011

s.11 (1) Failure to comply with approval conditions

5 $609.00

Environmental Protection Regulation 2008

s.81ZR (2) waste transporter failure to comply with directions

1 (individual)

2 (corporation)

$121.00

$243.00

While there is a maximum penalty set for each offence - a greater penalty can be imposed if the offence takes place with aggravation—something which increases the seriousness of the crime or the harm caused and is used when deciding a sentence by a magistrate or judge.

Considerations 1. Corporate Plan Council’s Values 2. Policy and Legal Implications

Banana Shire Council Authorised Officers obligations to work in accordance with regulatory requirements

3. Financial and Resource Implications Financial – negligible – a large proportion of PINs are not paid by the offender and are referred to SPER for enforcement. Resource – administration resources increase with the issue and registering of PINs

4. Risk Assessment Not completed

Director of Council Services and Manager Environment and Planning left the meeting.

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11.0 Executive Services

11.1.1 ACTION REPORT ON PREVIOUS COUNCIL RESOLUTIONS – EXECUTIVE SERVICES Date: 18 May 2017 Author: Ray Geraghty – Chief Executive Officer File No: Letter No: Attachment: Resolutions Action Report Minute No: OM003763

Resolution: That the Resolutions Action Report for Executive Services as presented be received. Moved: Cr Middleton Seconded: Cr Brennan Carried

Report This report is to advise Council of the outstanding matters currently being dealt with by the organisation.

Considerations 1. Corporate Plan N/A 2. Policy and Legal Implications

Policy and legal implications will be addressed through each matter.

3. Financial and Resource Implications Budget impacts will be addressed in resolving each matter.

4. Risk Assessment N/A

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11.1.2 REVIEW OF COMMUNITY PLAN & PLACE BASED PLANS Date: 18 May 2017 Author: Chief Executive Officer - Ray Geraghty Folder ID: Letter No: Attachment: Community & Place Based Plans Minute No: OM003764

Resolution: That Council adopt the Community Plan and Place Based Plans which are attached to these minutes. Moved: Cr Leo Seconded: Cr Brennan Carried

Report In September last year Council engaged Economic Development Services Central Queensland to undertake a review of the Community Plan and Place Based Plans. In late October EDSCQ conducted community engagement meetings across the Shire. EDSCQ then workshopped the draft plans with Council on the 22 February. The plans were then further discussed by Council at subsequent Workshops. It is recommended that the reviewed Community Plan and Place Based Plans now be adopted by Council. At a future workshop Council will identify priority projects from these plans.

Considerations 1. Corporate Plan Strategic Direction 1.1 2. Policy and Legal Implications Council has adopted these plans and reviewed them on a regular basis as a planning tool. 3. Financial and Resource Implications Assist Council in identifying future projects for budgeting and grants applications. 4. Risk Assessment Low

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11.1.3 2017/2018 OPERATIONAL PLAN Date: 18 May 2017 Author: Ray Geraghty – Chief Executive Officer File No: Letter No: Attachment: Proposed 2017/2018 Operational Plan Minute No: OM003765

Resolution: That Council adopt the 2017/18 Operational Plan which is attached to and forms part of these minutes. Moved: Cr Middleton Seconded: Cr Semple Carried

Report The draft 2017/2018 Operational Plan as discussed at the recent Workshop is recommended for adoption.

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Operational Plan

2017-2018

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COUNCIL OUTCOMES To ensure Council demonstrates leadership and is accountable to internal and external key stakeholders, including the

community through transparent and inclusive decision making processes and effective service delivery and operations. To deliver our shared future and cultural vision. To promote and manage the unique natural resources of Banana Shire, ensuring a healthy and sustainable

environment where the community’s social, physical and economic well-being is enhanced for present and future generations.

Support the retention, expansion and diversification of businesses and industries to provide long term economic

sustainability. Plan and deliver effective and efficient infrastructure services.

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EXECUTIVE SERVICES

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE ETC CORP PLAN REF

RISK REF

COMMENTS / ACTIONS

Governance Organisational Structure

Monitor Structure Review positions as they become vacant

Policy Review Monitor all Council Policies to comply with Local Government Act 2009 & relevant legislation

Compliance 1.2.1 a CR2 XHR1

Review of Policies Annual review of policies completed by 31/12/2017

1.2.1 a CR2 XHR1

Authorised Officers and Delegations

Maintain Officers Authorisation and Delegations to comply with Local Government Act 2009

Review by 30/03/2018 1.2.1 a CR2 XHR1

Complaints Management System

Maintain Council’s Complaints Management System

Annual review by 31/03/2018 1.2.1 a CR8 XHR2

Risk Management Monitor Risk Management Plan/Strategy for Council

Compliance 1.2.1 a CR2 XHR1

Budget Budget Performance Achievement of an annual expenditure result in the range of 0% to 5% under budget

1.2.1 a 1.2.3 a

CR4 CR6

Achievement of an annual revenue result of no more than 8% under budget

1.2.1 a 1.2.3 a

CSR1

Budget 2018/2019 Budget adopted by 30/06/2018

1.2.1 a 1.2.3 a 1.2.3 b

CR1

Facilities Management

Administration Buildings – Biloela, Moura and Taroom

Operations Monitor operational matters 1.1.a 1.1.d

CR9

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE ETC CORP PLAN REF

RISK REF

COMMENTS / ACTIONS

Identify and implement cost savings where possible

1.1.a 1.1.d

CR9

Maintenance Attend to maintainence requests in a timely manner

1.1.j CR9

Executive Management

Corporate Management

Monitor staffing levels Maintain staff levels subject to budget as approved by Council

1.2.1 a CR2 XHR1

Council Resolutions Acted on within 14 days of Council Meeting

1.2.1 a. CR2 XHR1

Correspondence Responded to within 14 days of receipt by Council

1.2.1 a CR2 XHR1

Meeting Reports Submitted within deadlines 1.2.1 a

Administration Customer service standards reviewed & monitored

1.2.1 a 1.2.2 b

ESR1

Records managed and maintained

1.2.1 a 1.2.2 d

ESR1

Corporate Plan Review of Corporate Plan Completed 31/03/2018 1.2.1 a CR7

Operational Plan Develop Operational Plan for 2018/2019

Completed 30/04/2018 1.2.1 a CR7

Governance Conduct Bi-Annual Performance Appraisals

Completed by 30/11/17 and 31/05/2018

1.2.1 a CR2 XHR1

Work Health & Safety 100% compliance with Program

1.2.1 c CR4

Meet all KPI’s 1.2.1 a 1.2.1 c

CR2 CSR1

External Funding Pursue funding from State & Federal Governments for Council Projects subject to whole of life costing

Additional funding received 1.2.1 a XHR5

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE ETC CORP PLAN REF

RISK REF

COMMENTS / ACTIONS

Human Resource Management

Performance Management System

Manage Performance Management system to enable linkages to:

performance;

reclassification; and

professional development

Review PM system for CEO, Directors & Managers by 31/12/2017

1.2.1 b XHR6

Ensure continuous training of personnel undertaking reviews

1.2.1 b CR2 XHR1

Monitor training outcomes to ensure they are being achieved – every quarter

1.2.1 b XHR1

Ensure appraisals are completed by 30/11/17 and 31/05/2018

1.2.1 b XHR1

Recruitment & Selection

Recruitment Process Positions (if required and approved) are advertised within 14 days of approval

1.2.1 b XHR4

Develop training program to assist in recruitment and interview techniques

1.2.1 b XHR4

Undertake training for panel members

1.2.1 b XHR1

Policies/Procedures Review/develop/upgrade HR & Employee policies ensuring alignment with industrial legislation and Local Government Act 2009 & relevant legislation

Review in accordance with new Industrial Relations Act etc by 31/12/2017

1.2.1 b CR5

Industrial Relations Enterprise Bargaining Agreement

Monitor Council’s Enterprise Bargaining process

1.2.1 b CR4 CR4

Communicate EBA outcomes to all staff

1.2.1 b CR4

Position Descriptions Review all Position Descriptions

Ensure PDs are upgraded/ amended following Performance Reviews by 31/12/2017

1.2.1 b XHR6

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE ETC CORP PLAN REF

RISK REF

COMMENTS / ACTIONS

Investigations Investigation Process Ensure all investigations are conducted fairly, equitably & within appropriate timeframes

1.2.1 b XHR6

Strategic Plan Monitor a HR Strategic Plan Review Council’s workforce planning needs ensuring appropriate strategies are developed and implemented by 31/12/17.

1.2.1 b CR2 XHR1

Learning & Development

Training Needs Analysis (TNA)

Maintain a full Training Needs Analysis

Design questionnaires – Skills Analysis, Skills Audit & Gap Analysis – Ongoing

1.2.1 b XHR6

Review and monitor training schedule / calendar

1.2.1 b CR2 XHR1

Apprentices / Trainees

Manage Apprenticeship / Traineeship programs

Monitor Training Contracts and Training Plans

1.2.1 b CR2 XHR1

Monitor progress against Training Contracts and Training Plans

1.2.1 b CR2 XHR1

Training Program Core Training Program for whole of Council

Core training refresher every 12 months and/or as legislation changes

1.2.1 b CR2 XHR1

Stakeholder Engagement

Communication Strategy

Issue appropriate media releases following Council Meetings and on pertinent issues

Number of media releases distributed

1.2.1 a 1.2.2 a

CR2 XHR1

Maintain regular contact with Local, State & Federal Members on key issues

Development of working relationships

1.2.1 a CR5

Strategic Alliances Establish strategic alliances with relevant State & Federal

Development of working relationships

1.2.1 a CR5

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE ETC CORP PLAN REF

RISK REF

COMMENTS / ACTIONS

bodies

Maintain strong working relationship with key community groups

Development of working relationships

1.2.2 a XHR3

Budget & Program Management

Monitor performance of each Department against the Budget

Regularly monitor each Department’s performance against budget allocations

On budget performance 1.2.1.a 1.2.1 b 1.2.3 a 1.2.3 b

XHR4

Monitor service delivery of all of Council’s Operations

On time performance 1.2.1 a CR2 XHR1

Review Departmental report on Operational Plan

Reviewed quarterly 1.2.1 a CR2 XHR1

Work Health & Safety

Banana Shire Work Health & Safety Management System

Ensure compliance with Work Health and Safety Act 2011

Monitor progress 1.2.1 c CR2 XHR1

Implementation of WHS Management System

Work towards 100% implementation

1.2.1 c

Rectification Action Plan (RAP)

Maintain RAP process 1.2.1 c CR2 XHR1

Monthly Action Plan (MAP) Completion of all yearly MAPs

1.2.1 c CR2 XHR1

Key Performance Indicators Monitor compliance with all KPI’s

1.2.1 c CR2 XHR1

Compliance Work towards achieving 100% compliance

1.2.1 c CR4

Internal Audit Conduct Annual Internal Audit

Complete annually 1.2.1 c CR7

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CORPORATE & COMMUNITY SERVICES

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Management & Support

Governance Budget Performance Expenditure for the Department in the range of 0% to 5% under budget

1.2.1 a 1.2.3 a 1.2.3.b

CR4 CR6

CSR1

Revenue for the Department of no more than 8% under budget

1.2.1 a CSR1

Capital Works Program no less than 90% complete by 30/6/2018

1.2.1 a 1.2.3 a

CSR5

Monitor Department Structure Review positions as they become vacant

1.2.1 a CSR3

Council Resolutions Acted on within 14 days of Council Meeting

1.2.1 a CR7

Correspondence Responded to within 14 days of receipt by Council

1.2.1 a 1.2.2 b

CSR1

Administration Customer service standards reviewed and monitored

1.2.1 a 1.2.2 b

ESR1

Records managed and maintained

1.2.1 a 1.2.2 d

ESR1

Budget 2018/2019 Budget adopted by 30/06/2018

1.2.3 a 1.2.3 b

CSR3

Conduct Bi-Annual Performance Appraisals

Completed by 30/11/17 and 31/05/2018

1.2.1 a CR7 XHR1

Work Health & Safety 100% compliance with Program

1.2.1 c CR4

Meet all KPI’s

1.2.1 a 1.2.1 c

CR2 CSR1

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Meeting Reports Submitted within deadlines 1.2.1 a CR7

Policy Review Review of Policies All policies reviewed and in new format by 31/12/2017

1.2.1 a CR7 CSR4

Timelines and guidelines for key Corporate processes

Provision of Corporate timetables for budget and planning

Timely completion of work consistent with published deadlines

1.2.1 a 1.2.3 a 1.2.3 b

CR6 CSR3

Financial Services

Financial Reports and Information

Standard monthly, quarterly and other financial reports to Council and management including but not limited to: - Budget variance reports - 10 year financial model

Reporting deadlines missed on zero occasions

1.1a 1.1b 1.1c 1.1d 1.1g 1.2a 1.2c 1.2d

CR6 CSR3

Regulatory Returns Preparation of various statutory returns such as monthly BAS and Payroll Tax returns

Regulatory return deadlines missed on zero occasions.

1.1b 1.1d 1.2a

CR7

Financial Statements

Preparation Completed within statutory timeframes

1.1a 1.1b 1.1c 1.1d 1.2a 1.2b 1.2d

CSR1

Treasury Services Effectively manage Council’s cash assets and debt portfolio by maximising returns and minimising financial risk to an acceptable level

Cash balance to be maximised and measured against budget

1.1a 1.1b 1.1c

CR6

Loan servicing cost target for general services not to

1.1c CR6

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Banana Shire Council – 2017/2018 Operational Plan 10 of 32

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

exceed 20% of general own source revenue

Audit Unqualified audit for year 1.2b 1.1a 1.1b 1.1d

CR6

Asset Management Asset Management Systems Asset valuations of Land Buildings and Other Structure assets to be completed by 30/06/2018

1.2a 1.2b 1.2c 1.1a 1.1b

ESR1

Asset Management Plans Plans reviewed and maintained by relevant Asset Mangers by 30/06/2018

1.2a 1.2b 1.2c 1.1a 1.1b 1.1c

ESR1

Condition Assessments Conduct periodic condition assessments by 31/03/2018

1.2a 1.2b 1.2c 1.1a 1.1b 1.1c

ESR3

GIS – Geographic Information Systems

Geographic Information Systems Management

Geographic Information Systems

Develop and implement geographical information systems in accordance with corporate needs, including the hardware and software tools required to generate and manipulate advanced 3D visualization scenarios and 3D spatial queries of corporate 3D data.

1.2.1 a 1.2.3

ESR3

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Mapping Preparation of maps within timeframes – 95% compliance

1.2.1 a 1.2.3

ESR3

Data maintenance Maintain data accuracy and currency within relevant timeframe – 95% compliance

1.2.1 a 1.2.3

ESR3

Imagery Imagery updated to be relevant within 5 years of development

1.2.1 a 1.2.3

ESR3

Administration Services

Customer Service Provision of readily accessible information, delivered in a consistent, timely and efficient manner, and manage service requests in a timely and effective manner

85% of calls answered within 60 seconds/Less than 5% calls abandoned

1.2.1 a 1.2.2 b

CR8

Number of customers attended to

1.2.1 a 1.2.2 b

CSR1

Number of receipts issued 1.2.1 a 1.2.2 b

CSR1

Receipt Council dues accurately 100% of payments processed accurately at point of entry

1.2.1 a 1.2.2 b

CSR2

Administration Completion of annual customer satisfaction survey

1.1.1 e CR8

Records Management

Coordinate the receipt, electronic capture and distribution of written correspondence

Incoming correspondence distributed within 24 hours of receipt

1.2.1 a 1.2.1 d 1.2.2 b

CR8

Coordinate and complete Right to Information requests

RTI applications processed within legislative timeframes

1.2.1 a 1.2.1 d 1.2.2 b

CR7

Monitor usage of new Records Management system

Continue training and feedback

1.2 a CSR1

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Administration Annual archiving and destruction schedule completed

1.1.2 a CR7

Manage archive retrieval requests within accepted timeframes

1.1.2 e CR8

Community Resource Centre

CRC Management Develop and manage the services provided through the Community Resource Centre

Sustained or increased usage of the CRC demonstrated by:

Therapy Services

Room Bookings

Borrowings

Door Count

1.2.1 a 2.2.1

ECSR3 ECSR4

Implement changes necessary to allow for improved access to relevant and appropriate resources

Increase in the total number of items available for loan

1.2.1 a 2.2.1

ECSR3 ECSR4

CRC Program Delivery

Continuously review and implement Collection Management procedures to ensure efficiency and effectiveness of service delivery

Maximise use of resources 1.2.1 a 2.2.1

ECSR3 ECSR4

Promote services 2 per month through a variety of media each quarter

1.2.1 a 2.2.1

ECSR3 ECSR4

Source external funding sources to provide programmes to meet the needs in the shire.

External funding sourced to maintain and develop services and programs

1.2.1 a 2.2.1

ECSR3 ECSR4

Liaise with referred clients, individuals, groups, organisations and professionals

Liaison meetings to sustain and improve programs and services

1.2.1 a 2.2.1

ECSR3 ECSR4

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

in order to seek information on how best to sustain programs and improve services.

Ongoing development of programs and services

1.2.1 a 2.2.1

ECSR3 ECSR4

Community Services

Community Development

Ongoing development, management and actioning of community plans, strategies and actions aimed at achievable and sustainable community development

Number of community consultation processes undertaken

1.2.1 a 2.2.1

ECSR2

Number of community meetings/networking opportunities attended

1.2.1 a 2.2.1

ECSR2

Maintain a database of Council’s Community Grants Programmes

Number of register entries per quarter

1.2.1 a 2.2.1

CR5

Quarterly report to Council 1.2.1 a 2.2.1

CR5

Community Development Tools My Community Directory broadcasts

1.2.1 a 2.2.1

ECSR8

Assistance provided in relation to internal and external funding programs

Number of letters of support issued

1.2.1 a 2.2.1

CSR1

Number of email/phone/in person enquiries

1.2.1 a 2.2.1

CSR1

Home and Community Care Subsidised Programs

Facilitate the provision of a Domiciliary Nursing Service and other Home and Community Care funded priorities for HACC eligible clients

Number of Clients serviced and hours of service provided in accordance with the HACC Service Agreement

1.2.1 a 2.2.1

ECSR3 ECSR4

Facilitate the provision of a Transport Service for HACC eligible clients

Number of Clients serviced and hours of service provided in accordance with the HACC Service Agreement

1.2.1 a 2.2.1

ECSR3 ECSR4

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Funding Reporting Complete required statistical and funding reporting within requested timeframes

2.2.2 b CSR2

Art Gallery RADF Monitor RADF grant applications Funding approvals of RADF grants

2.1 c CR8

Events Maintain schedule of Art Gallery events held.

Number of Events held

2.1 c CSR3

Future Events in planning stage

2.1 c CSR3

Library Management Monitor usage of libraries to ensure service meets need

Monitor door count statistics 1.1.f 2.1.e

CR2

To replace and update equipment for public use to ensure maximisation of community access

Replace and upgrade assets in accordance with budget

1.1 f ECSR5

Ensure statistical data and visitation is validated

Proactive cooperation with external auditors to verify data collected.

1.1 f ECSR5

Service Delivery Providing information, resources, events and services to community in a timely and efficient manner

Maintain membership levels 1.1.f ECSR1

Number and type of events 1.1.f ECSR1

Provide education and access to technology

Number of computer lessons provided

1.1.f 2.1.e

ECSR1

Promote online resources 1.1.f 2.1.e

To provide a regular, reliable mobile service to as many residents as possible

Monitor mobile library attendance statistics

1.1.f 2.1.e

ECSR1

Regularly review timetable

1.1.f 2.1.e

ECSR1

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Banana Shire Council – 2017/2018 Operational Plan 15 of 32

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Library Collections To provide a relevant, up to date library collection

Regular purchase of new items

2.1.e ECSR1

Regular weeding of collection

2.1 e ECSR1

Assist with Family literacy by providing resources to enable people to improve their reading and writing skills

2.1 e CSR1

Local History Greater access for clients to Local and Family History resources, learning opportunities and information

Convert microfiche and film to pdf through use of existing equipment

1.1.h ECSR1

Tourism Tourism Support Implement Tourism Support Policy objectives

Collection of visitor information statistics

4.2.1 ECSR8

Coordinate Tourism Advisory Committee meetings

4.2.1 ECSR8

Tourism Management

Annual Review of Partnership Agreement with RTO

Compliance with key performance indicators outlined in the agreement

4.2.1 ECSR8

Maintain cooperative marketing commitments with Highway promotional organisations

Attendance at meetings and events and financial membership of Highway Committees

4.2.1 ECSR8

Alignment to projects within the Banana Shire Tourism Strategy and Priority Tourism Projects

Attendance and inclusion in Project Team meetings to maintain project delivery timelines.

5.5.1 a CR9

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Introduce statistical data capture Assist community / Tourism groups in capturing meaningful statistical data

2.2.1 a CR8

Stakeholder Engagement

Communication Strategy

Continue with the quarterly publication of FOCUS

Review number of times published

1.2.1 a 1.2.2 a

CR2 XHR1

Civic Centre Facilities Management and Maintenance

Promote community and entertainment utilisation of the facility

Monitor booking levels and client mix

1.2.1 a 2.2.2.a 2.2.2 c

ESR3

Monitor viability of facility Monitor booking levels 1.2.1 a 2.2.2.a 2.2.2 c

ESR3

Monitor Building and Grounds Maintenance

Ensure maintenance carried out on request

1.2.1 a 1.2.3 a 2.2.2.a 2.2.2 c

ESR3

Amenity of grounds 1.2.1 a 1.2.3 a 2.2.2.a 2.2.2 c

ESR3

Improvements Plan future upgrades facility is of suitable standard for community use

Completion of 10 year plan 1.2.1 a 1.2.3 a 5.2.6

ESR3 ESR7

Land & Lease Management

Land & Lease Management

Implement currency and compliance check on Councils leases

Review of all land and lease agreements in accordance with Council resolution.

1.2.1 a 2.2.2 b

ESR1

Implement planned approach to formalise tenure of community occupation of Council property

Number of leases executed 1.1.a CR5

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Banana Shire Council – 2017/2018 Operational Plan 17 of 32

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Plant Operations

Fleet Management Maintain plant utilisation levels Monitor plant utilisation 1.2.1 a 5.2.6

ESR3 ESR7

Plant Operations Operational costs within budget

1.2.1 a 5.2.6

ESR3 ESR7

Plant Holding

Plant hire income 100% of budget

1.2.1 a 5.2.6

ESR3 ESR7

Review current plant levels by 2nd Quarter of Financial Year

1.2.1 a 5.2.6

ESR3 ESR4 ESR5

Plant Utilisation Monitor plant downtime under hire and workshop

1.2.1 a 5.2.6

ESR7

Premise Amenity and Facility

Review plant hire rates by 31/03/2018

1.2.1 a 5.2.6

ESR3

Comply with DERM ERA and WH&S licence conditions

1.2.1 a 1.2.3 a 5.2.6

CR4

Workshop Increase skill levels with workshop staff

Monitor half yearly courses carried out by staff

1.2.1 a 5.2.6

CR4

Operations Costs contained within budget allocation

1.2.1 a 5.2.6

ESR3 ESR4

Maintain service level agreements with external agencies

Ongoing 1.2.1 a 5.2.6

ESR5

External Services Monitor internal service level agreements

Ongoing operation of Electronic System

1.2.1 a 5.2.6

ESR5

Investigate new potential external clients

Report on prospective clients at the end of the 2nd Quarter

1.2.1 a 5.2.6

ESR5

Structure Monitor section structure 1.2.1 a 5.2.6

ESR1

Waste Waste Management

Monitor kerbside collection service

Daily monitoring of contractor reports

1.2.1 a CR11 ECSR10

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Banana Shire Council – 2017/2018 Operational Plan 18 of 32

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

Monitor waste strategy management systems

Completed by 31/12/2017 1.21 a 5.2.4

CR11 ECSR10

Undertake Risk Assessment as per Councils Safe Plan Matrix

Risk Assessments carried out as programmed

1.21 a 1.21 c

ESR1

Aerodromes Administration Budget 2016/2017 Budget completed within agreed timeframe

1.2.1 a 1.2.3 a 1.2.3 b 5.2.6

ESR3

Work Health & Safety 100% compliance with program

1.2.1 a 1.2.1 c 5.2.6

CR4

Operations Aerodrome Audits Conduct annual audits & implement actions accordingly

1.2.1 a 5.2.5

ESR4

Operations & Maintenance Actions completed within agreed timeframes

1.2.1 a 5.2.5

ESR4

100% compliance with relevant aerodrome manual

1.2.1 a 5.2.5

ESR4

Emergency Plans Conduct emergency plan exercises by December 2017

1.2.1 a 5.2.5

ESR4

Emergency plans to be reviewed by January 2018

1.2.1 a 5.2.5

ESR4 CR7

Information and Communication Technology

ICT Support Services

Provide monitoring and resolution of ICT system related problems

80% of support requests completed within agreed timeframes

1.2.1 a 1.2.1 d

CR1 CSR1

Computer and Communications Systems

Provision of computer and communications hardware and software to allow for the efficient and effective delivery of services

Core data/voice network and corporate applications to be available 98% during business hours

1.2.1 a 1.2.1 d

CR1 CSR1

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS / ACTIONS

ICT Advisory Services

Provide input into ICT strategy, solution concept and evaluations, information modelling, management and planning

Use of latest technology/innovation throughout the organisation

1.1.1 h CR1 CR3

CSR1 CSR2

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COUNCIL SERVICES

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS/ACTIONS

Management and Support

Governance Monitor Department Structure Review positions as they become vacant

1.2.1 a CR4

Budget Performance Achievement of an annual expenditure result in the range of 0% to 5% under budget

1.2.1 a 1.2.3 a

CR7 ESR3

Achievement of an annual revenue result of no more than 8% under budget

1.2.1 a 1.2.3 a

CR7 ESR3

Capital Works Program no less than 90% complete by 30/06/2018

1.2.1 a 1.2.3 a

CR9

Budget 2018/2019 Budget completed and adopted by 30/06/2018

1.2.1 a 1.2.3 a

CR6

Review of Policies All policies reviewed and in new format by 31/12/2017

1.2.1 a CR7

Council Resolutions Acted on within 14 days of Council Meeting

1.2.1 a CR7

Correspondence Responded to within 14 days of receipt by Council

1.2.1 a 1.2.2 b

CR8

Work Health & Safety 100% compliance with Program

1.2.1 c CR4

Meet all KPI’s

1.2.1 a 1.2.1 c

CR2 CSR1

Meeting Reports Submitted within deadlines 1.2.1 a CR5 ECSR7

Administration Customer service standards reviewed & monitored

1.2.1 a 1.2.2 b

ESR1

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS/ACTIONS

Records managed and maintained

1.2.1 a 1.2.2 d

ESR1

Conduct Bi-Annual Performance Appraisals

Completed by 30/11/17 and 31/05/2018

1.2.1 a 1.2.1 b

CR7 XHR1

Built Environment Services

Building operations and management

Building asset register Provide asset register updates to the Asset Manager (Corporate Service Directorate) on any ongoing basis

1.2.3 a CR9

Building maintenance Complete maintainence requests in a timely manner

1.2.3 a CR9

Identify and implement cost savings where possible

1.2.3 a CR9

Reported to Council regularly

1.2.1 a 1.2.3 a

ECSR7

Built capital program

Prepare a 10 year plan of Council’s building needs

Review Plan by 31/12/2017

3.2.2 ECSR8

Reported to Council regularly

3.2.2 ECSR7

Projects 90% complete by 30/06/2018

3.2.2 CR7

Asbestos Management Maintain Asbestos Management Register

3.2.2 CR4

Environmental Services

Health Promotion of Food Safety Provide and promote on-line training opportunities

2.1.h ECSR8

Annual inspection of 90 % of licensed premises / activities

Completed by 30/06/2018 1.2.a ECSR8

Develop procedures for EH disciplines

Water sampling Plan Mosquito monitoring

5.1.g ECSR8

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Banana Shire Council – 2017/2018 Operational Plan 22 of 32

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS/ACTIONS

Conduct promotional activities A minimum of 4 activities per year

2.1.h CR8

Rural Services Implement new stock route and pest management legislation Regional collaboration for the management of declared pests

Completed 2nd quarter of financial year Participation in regional programs.

1.2.a CR7 ECSR1

Review safe operating procedures and Pest Management Plan

Completed by 30/06/2018 5.1.g CR2 ECSR8

Promotion of declared pest management

2nd quarter of the financial year

2.1.h CR11 ECSR10

To target and control the spread of giant rats tail grass, parthenium and harrisia cactus throughout the Shire

Implement appropriate control programs

1.2.a CR11 ECSR10

Vehicle wash down operations Within 5% of approved budgets

5.1.a ESR4

Compliance Conduct systematic inspection program for dog registrations every 2 years

Completed by 30/06/2019 1.2.a ECSR8

Conduct school based information sessions

Completed as requested by schools

2.1.h ECSR8

Implementation of Animal Management (Cat and Dog) Act

Meet legislative requirements

1.2.a ECSR1 ECSR4

Review/develop safe operating procedures

Completed by 30/06/18

Environment and Sustainability

Review of Councils Environmental Management Plan

Completed by 31/12/2017 3.1.a CR11 ECSR10

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS/ACTIONS

Annual auditing of Council’s environmentally relevant activities

Completed by 30/06/2018 3.1.a CR7

Review Flying Fox Management Plan

Completed by 30/06/2018 5.1.g CR4

Cemeteries Undertake routine maintenance Maintenance Works conducted in accordance with adopted strategy & within budget

1.21. a ESR3 ESR4

Development Services

Development Applications

Timely processing of DA’s 90% of applications processed within statutory timeframes

1.2.1 a 3.2.2

CR2 ESR1 CR5

ESR2

Ensure that DA approvals comply with relevant statutes & legislation

Regular reports on compliance variation

1.2.1 a 3.2.2

CR7

New Planning Scheme

Develop a consolidated Planning Scheme for the Shire

Phased preparation of new planning scheme 90% complete by 31/06/2018

1.2.1 a 3.2.2

CR2 ESR1

Online DA lodgement and access to information

Develop electronic DA lodgement system and access to DA information

75% of applications lodged electronically by 30/06/2018

1.1 g 1.1 h

Planning Policies Review and update Planning Policies

Ensure compliance with current legislation

1.2.1 a 3.2.2

CR2 ESR1 CR5

ESR2

Assessment of Building Applications

Timely assessment of building applications

90% of applications processed within statutory timeframes

1.2.1 a 3.2.2

CR2 ESR1

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS/ACTIONS

Ensure that all building applications issued comply with relevant statutes and legislation

Regular reports on compliance variations

1.2.1 a 3.2.2

CR2 ESR1 CR7

Assessment of Plumbing Approvals

Timely processing of plumbing approvals

90% of applications processed within statutory timeframes

1.2.1 a 3.2.2

CR2 ESR1

Ensure that plumbing approvals comply with relevant statutes and legislation

Regular reports on compliance variations

1.2.1 a 3.2.2

CR2 ESR1 CR7

Statutory Compliance and enforcement

Monitor statutory compliance for planning, building and plumbing approvals

All approvals comply with conditions and approval requirements

1.2.1 a 3.2.2

CR2 ESR1 ESR3

Undertake statutory compliance including in response to complaints about breaches and approvals monitoring process.

Statutory compliance undertaken in accordance with established breach procedures and legislation.

1.2.1 a 3.2.2

CR2 ESR1 ESR3

On site wastewater treatment register

Develop register 1.2.1 a 3.2.2

CR2 ESR1 ESR3

Monitor compliance 1.2.1 a 3.2.2

CR2 ESR1 ESR3

Backflow prevention device register

Develop register 1.2.1 a 3.2.2

CR2 ESR1 ESR3

Annual compliance inspections completed

1.2.1 a 3.2.2

CR2 ESR1 ESR3

Economic Development

Economic Development Plan

Develop an Economic Development Plan for Council including strategies for business attraction and retention.

Completed by 30/06/2018 4.2.1 to

4.2.5

XHR5

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SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS/ACTIONS

Swimming Pools Facilities Management

Utilisation: Continue to monitor usage to establish benchmarks for each pool

Preparation of benchmarks

5.1.a ESR3

Monitor lease operations for compliance

Implement inspection and monitoring program

5.1.a ESR3

Compliance Pool water quality to meet relevant standards.

1.2.a

Taroom Clearance Dip

Facilities Management

Meet relevant Legislative requirements

Ongoing compliance with Department of Primary Industries and Fisheries Legislation

1.2.1 a 4.2.2

CR7

Operate Taroom Saleyards and Clearing Dip

Utilisation as a major tick line facility in accordance with legislative requirements

1.2.1 a 4.2.2

CR7

Water Supply Governance Capital Works Program 10 year capital works program developed and up to date

1.1 b 4.1 g

CR7

Planned operational & maintenance activities in accordance with adopted budgets

Within 5% of approved budgets

1.1 a 1.1 b 1.1 d 1.2 d

CR7

Water Supply (Safety & Reliability) Act

Annual Water Quality reports to regulator Report Water quality incidents to regulator Implement Drinking Water Quality Management Plan External audit requirement met

1.2 a 1.2 e

CR7 ESR3 ESR4

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Banana Shire Council – 2017/2018 Operational Plan 26 of 32

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS/ACTIONS

Drinking Water Quality Management Plan Annual Report

Completed and submitted within 120 days of end of financial year

1.2 a 1.2 e

CR7 ESR3 ESR4

Social Wellbeing Drought Management Strategy for each Water Supply Scheme

Ongoing Review of Status & Implementation

2.1 i ESR3 ESR4

Water Supply (Safety & Reliability) Act

Implement drinking Water Quality Management Plan

2.1 e 2.1 i 2.2 a

ESR3 ESR4

Environment Undertake operational and capital works activities in environmentally responsible manner

Compliance with relevant regulations

3.1 c ESR3 ESR4

Economic Maintain current planning reports for strategic planning purposes

Timely preparation and review of reports

4.1 d

Consider long term affordability of services.

Monitor ongoing service delivery costs and returns

4.1 g

Infrastructure Operate Schemes so that level of service meets adopted W & S Customer Service Standards

Meets required standards 5.1 a 5.1 b

Implement asset management and maintenance management plans

Compliance with requisite timelines

5.1 e

Undertake Scheduled Reviews of Drinking Water Quality Management Plan

Completion within specified timeframes

5.1 g

Trade Waste Compliance & Operation

Implement and maintain Trade Waste compliance program

Monitor performance/ compliance

1.2 a ESR3 ESR4

Sewerage Governance Capital Works Program 10 year capital works program developed and up to date

1.1 b 4.1 g

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Banana Shire Council – 2017/2018 Operational Plan 27 of 32

SERVICE AREA DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF COMMENTS/ACTIONS

Planned operational & maintenance activities in accordance with adopted budgets

Within 5% of approved budgets

1.1 a 1.1 b 1.1 d 1.2 d

Water Supply (Safety & Reliability) Act

Maintain and implement Recycled Water Management Plans

1.2 a

Operations in accordance with Environmental Authority

Licence conditions met 1.2 a

Social Wellbeing Operate Schemes so that level of service meets adopted W & S Customer Service Standards

Compliance with standards 2.2 a

Environment Undertake operational and capital works activities in environmentally responsible manner

Compliance with relevant regulations

3.1 c

Economic Maintain current planning reports for strategic planning purposes

Timely preparation and review of reports

4.1 g

Consider long term affordability of services

Monitor ongoing service delivery costs and returns

4.1 g

Infrastructure Operate Schemes so that level of service meets adopted W & S Customer Service Standards

Meets required standards 5.1 a 5.1 b

Implement asset management and maintenance management plans

Compliance with requisite timelines

5.1 e

Undertake Scheduled Reviews of Recycled Water Management Plans

Review completed 5.1 g

Page 79: Banana Shire Council ORDINARY MEETING MINUTES

Banana Shire Council – 2017/2018 Operational Plan 28 of 32

INFRASTRUCTURE SERVICES

SERVICE AREA

DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF

COMMENTS/ACTIONS

Management & Support

Governance Monitor Department Structure Review positions as they become vacant

1.2.1 a CSR3

Budget Performance Achievement of an annual expenditure result less than 5% under budget

1.2.1 a 1.2.3 a 1.2.3 b

CR4 CR6

CSR1

Achievement of an annual revenue result of no more than 8% under budget

1.2.1 a CSR1

Council Resolutions Acted on within 14 days of Council Meeting

1.2.1 a ESR1

Correspondence Responded to within 14 days of receipt by Council

1.2.1 a 1.2.1 d

ESR1

Meeting Reports Submitted within deadlines 1.2.1 a ESR1

Capital Works Program 10 year capital works program reviewed and maintained

1.2.1 a 1.2.3 a

CR7

Administration Customer service standards reviewed & monitored

1.2.1 a 1.2.2 b

ESR1

Records managed & maintained

1.2.1 a 1.2.1 d

ESR1

Conduct Bi-Annual Performance Appraisals

Completed by 30/11/17 and 31/05/2018

1.2.1 a 1.2.1 b

CR7 XHR1

Work Health & Safety 100% compliance with Program

1.2.1 c CR4

Meet all KPI’s 1.2.1 a 1.2.1 c

CR2 CSR1

Budget Budget 2018/2019 Budget adopted by 30/06/2018

1.2.1 a 1.2.3 a 1.2.3 b

CR7

Page 80: Banana Shire Council ORDINARY MEETING MINUTES

Banana Shire Council – 2017/2018 Operational Plan 29 of 32

SERVICE AREA

DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF

COMMENTS/ACTIONS

Infrastructure Delivery

Roads, Bridges & Drainage

Undertake Capital Program 90% of projects completed on time & within budget

1.2.1 a 1.2.3 a 5.2.3

ESR3 ESR4

Undertake routine maintenance program

Maintenance Works conducted in accordance with adopted strategy & within budget.

1.2.1 a 1.2.3 a 5.2.3

ESR3 ESR4

Flood Damage Undertake flood restoration projects within approved timeframes

1.2.1 a 1.2.3 a 5.2.3

ESR1

Bikeways & Footpaths Undertake Capital Program 90% of projects completed on time & within budget

1.2.1 a 1.2.3 a 5.2.3

ESR3

Undertake routine maintenance Maintenance Works conducted in accordance with adopted strategy & within budget

1.2.1 a 1.2.3 a 5.2.3

ESR3 ESR4

Street Cleaning, Parks & Open Spaces

Undertake Capital Program 90% of projects completed on time & within budget

1.2.1 a 1.2.3 a 5.2.3

ESR3

Undertake routine maintenance Maintenance Works conducted in accordance with adopted strategy & within budget

1.2.1 a 1.2.3 a 5.2.3

ESR3 ESR4

Contracts & Private Works

Undertake works for external customers

Monitor external works projects undertaken by Council

1.2.1 a ESR5

Main Roads Department Works Maintain Main Roads Pre-Qualified Supplier Status

1.2.1 a 5.2.3

ESR5

Operate in an efficient and profitable manner

Maintain profit margin on external works consistent with expectations

1.2.1 a ESR5

Page 81: Banana Shire Council ORDINARY MEETING MINUTES

Banana Shire Council – 2017/2018 Operational Plan 30 of 32

SERVICE AREA

DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF

COMMENTS/ACTIONS

Environmental Systems Maintain environmental management system

1.2.1 a ESR3

Infrastructure Technology

Design Designs & estimates for operational works

Designs completed on time - construction estimates to be provided

1.2.1 a ESR1

Roads Alliance Maintain Roads Alliance Records Implement LRRS road strategy

Comply with Roads Alliance requirements

1.2.1 a 5.2.3

ESR5

Road Safety Audits completed in accordance with specified criteria

95% compliance: Subject to budget constraints

1.2.1 a 1.2.1 c 5.2.3

ESR4

Funding applications submitted prior to closing date.

100% compliance 1.2.1 a 5.2.3

ESR5

Traffic Counts Traffic Count Program Program maintained 1.2.1 a 5.2.3

ESR3

Survey DTM (Digital Terrain Model) Surveys

95% of surveys completed on time

1.2.1 a 5.2.3

ESR1

Projects set-out Prior to Construction 1.2.1 a 5.2.3

ESR3

As-constructed data collection Within 2 months of project completion

1.2.1 a 1.2.3 5.2.3

ESR1

Development Operational works applications Timeframes in accordance with Sustainable Planning Act

1.2.1 a ESR1

CMDG - Capricorn Municipal Design Guidelines

Participate in the annual group review of the CMDG

1.2.1 a ESR1

Inspections 90 % of Inspections completed within timeframes

1.2.1 a ESR3

Page 82: Banana Shire Council ORDINARY MEETING MINUTES

Banana Shire Council – 2017/2018 Operational Plan 31 of 32

SERVICE AREA

DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF

COMMENTS/ACTIONS

Engineering Systems Quality Systems Maintain current accreditation standard

1.2.1 a ESR3

Update quality systems in accordance with current practice

1.2.1 a ESR3

Technical Services Management

Road Safety Management Plan Maintain Road Safety Reference Group

1.2.1 a 5.2.3

ESR1

Review management plan 1.2.1 a 5.2.3

ESR1

Pathways & Bikeways Management Plan

Review Master Plan by 31 December each year

1.2.1 a 5.2.3

ESR4

Master Drainage Plan Complete master plans for remaining urban areas by 30/06/18

1.2.1 a ESR4

Master Street Lighting Plan Review master plan annually

1.2.1 a 3.2.2

ESR4

Bowen Basin Regional Road Transport Group

Attend periodic meetings in accordance with constitution

1.2.1 a 5.2.3

ESR4

Project Management 95% of projects completed on time and within budget

1.2.1 a 1.2.3 a

ESR4

Work Health & Safety No incidents or injuries 1.2.1 a 1.2.1 c

CR4

All Take 5’s completed on time

1.2.1 a 1.2.1 c

CR4

100% compliance with program

1.2.1 a 1.2.1 c

CR4

Meet all KPI’s 1.2.1 a 1.2.1 c

CR4

Page 83: Banana Shire Council ORDINARY MEETING MINUTES

Banana Shire Council – 2017/2018 Operational Plan 32 of 32

SERVICE AREA

DESCRIPTOR ACTIVITIES PERFORMANCE MEASURE

ETC

CORP PLAN REF

RISK REF

COMMENTS/ACTIONS

Disaster Management

Disaster Management Disaster Management Committee

Hold periodic meeting in accordance with constitution

1.2.1 a 1.2.4

CR8

Disaster Management Plan Monitor & review Disaster Management Plan

1.2.1 a 1.2.4

CR2

Disaster Operations Manage disaster operations in accordance with the established plans

1.2.1 a 1.2.4

CR3

Page 84: Banana Shire Council ORDINARY MEETING MINUTES

Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 52

11.1.4 DELEGATION OF POWERS FROM COUNCIL TO CHIEF EXECUTIVE OFFICER Date: 21 March 2017 Author: Denis Carr, Manager Governance & Risk File No: Letter No: Attachment: Schedule of Delegations Minute No: OM003766

Resolution: That Council: • delegate the new powers as listed to the Chief Executive Officer, • amend the powers to the Chief Executive Officer as listed, and • repeal the powers previously delegated to the Chief Executive Officer as listed for

repeal on the attached Schedule of Delegations from Council to the Chief Executive Officer. Moved: Cr Middleton Seconded: Cr Leo Carried

Report Under the Local Government Act 2009 Section 257 (1) (b) Council may, by resolution, delegate a power, except for a specified limited number, under the Local Government or other Act to the CEO. The maintenance of a Delegation Register is also a legislative requirement and this register becomes a public record. The Local Government Association on the advice of King & Co Solicitors provides Council with recommended delegations which are updated regularly as part of their member services. The new, amended and repealed delegations on the attached schedule are recommendations for Delegations from Council to the CEO as part of this service. Without the delegation of power from Council, the CEO has no power to further delegate any necessary powers to the relevant staff. Many of these delegations may not be used however the CEO and Council administratively could not function without the necessary delegations. I recommend that Council adopt the attached schedule of delegations.

Considerations 1. Corporate Plan

Key Strategy 1.1.I 2. Policy and Legal Implications

Without relevant delegations of power, the Chief Executive Officer would have limited power to carry out necessary responsibilities and duties on behalf of Council. Actions by the CEO may

Page 85: Banana Shire Council ORDINARY MEETING MINUTES

Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 53

be null & void without proper delegation and Council could be acting in contravention of particular government legislation. Without the necessary delegations of power, the CEO is unable to further delegate these powers as applicable.

3. Financial and Resource Implications Council may not be able to effectively operate its financial functions without proper authority. No additional resources required.

4. Risk Assessment

No apparent additional risk with adoption.

Page 86: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

NEWEnvironmental Protection Regulation 2008

#

Chief Executive Officer Power, as an occupier of a reporting facility that under NPI NEPM exceeds the reporting threshold for a substance in the facility’s reporting period, to give the chief executive the information identified in subsection (2).

Environmental Protection Regulation 2008

85(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an occupier of a reporting facility that under NPI NEPM exceeds the reporting threshold for a substance in the facility’s reporting period, to comply with a notice issued by the chief executive pursuant to subsection (6).

Environmental Protection Regulation 2008

85(7) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an occupier of a reporting facility that under NPI NEPM exceeds the reporting threshold for a substance in the facility’s reporting period, to keep the information listed in section 87.

Environmental Protection Regulation 2008

87 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an occupier of a reporting facility that under NPI NEPM exceeds the reporting threshold for a substance in the facility’s reporting period, to make written representations to the Minister in response to a notice issued pursuant to subsection (4).

Environmental Protection Regulation 2008

88 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an occupier of a reporting facility that under NPI NEPM exceeds the reporting threshold for a substance in the facility’s reporting period, to apply to the chief executive for an estimation technique approval and to respond to any request for further information.

Environmental Protection Regulation 2008

91 dd/month/yyyy OM00xxxxx

Page 87: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as an occupier of a reporting facility that under NPI NEPM exceeds the reporting threshold for a substance in the facility’s reporting period, to give the chief executive a written notice claiming that the information required to be given under section 85(2) or (7) should be treated as confidential and to response to any requests for further information.

Environmental Protection Regulation 2008

95 dd/month/yyyy OM00xxxxx

Fire and Emergency Service Act 1990

#

Chief Executive Officer Power to comply with a requirement issued by an authorised fire officer under subsection (2).

Fire and Emergency Service Act 1990

58D dd/month/yyyy OM00xxxxx

Local Government Act 2009 #

Chief Executive Officer Power to employ local government employees and to agree to the terms and conditions of an employee’s employment (including any variation to those terms).

Local Government Act 2009 196(2) dd/month/yyyy OM00xxxxx This power does not include the power to appoint employees which is separately dealt with under sections 196(3) and 196(4) of the Act.

Mineral Resources Act 1989 #

Chief Executive Officer Power as the owner of restricted land to consent, with or without conditions, to the entry of the land under section 386V.

Mineral Resources Act 1989 Schedule 1, 2(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power as the owner of occupied land to consent, with or without conditions, to the entry of the land under section 386V at night.

Mineral Resources Act 1989 Schedule 1, 3(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power as the owner of a reserve to give written consent to the entry of the surface of the reserve under section 386V.

Mineral Resources Act 1989 Schedule 1, 4 dd/month/yyyy OM00xxxxx

Planning Act 2016 #Chief Executive Officer Power to keep a list of persons who are appropriately

qualified to be an assessment manager in relation to a particular type of development.

Planning Act 2016 48(3)(b) dd/month/yyyy OM00xxxxx

Page 88: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to enter an agreement with a person on Council’s list of persons who are appropriately qualified to be an assessment manager in relation to a particular type of development.

Planning Act 2016 48(3)(d) dd/month/yyyy OM00xxxxx

Tobacco and Other Smoking Products Act 1998

#

Chief Executive Officer Power to consult with the Department about a proposed local law under section 26ZPA.

Tobacco and Other Smoking Products Act 1998

26ZPB dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a request for information from the chief executive about a local law made under section 26ZPA.

Tobacco and Other Smoking Products Act 1999

26ZPC dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to administer and enforce Part 2BB, divisions 4 to 8 and Part 2C, division 3 of the Act.

Tobacco and Other Smoking Products Act 2000

26ZU and 26ZV dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a request for information from the chief executive about the local government’s administration and enforcement.

Tobacco and Other Smoking Products Act 2001

26ZW dd/month/yyyy OM00xxxxx

Transport Operations (Marine Safety) Act 1994

#

Chief Executive Officer Power as a public authority to make a submission on a proposal to prepare a draft standard.

Transport Operations (Marine Safety) Act 1994

219C(4) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power as a public authority to make a submission on a draft standard.

Transport Operations (Marine Safety) Act 1994

219E(3) dd/month/yyyy OM00xxxxx

Transport Operations (Marine Safety) Regulation 2016

#

Chief Executive Officer Power to give the general manager a proposal for an area (a proposed area) to be a marine zone under section 177 of the Transport Operations (Marine Safety) Regulation 2016 .

Transport Operations (Marine Safety) Regulation 2016

179(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to consult with the proposing entity, if it is a government entity, about a proposal under section 179 of the Transport Operations (Marine Safety) Regulation 2016 .

Transport Operations (Marine Safety) Regulation 2016

180(1)(a)(iii) dd/month/yyyy OM00xxxxx

Page 89: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Waste Reduction and Recycling Act 2011

#

Chief Executive Officer Power to make a submission about a potential end of waste code

Waste Reduction and Recycling Act 2011

160 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to make a submission about a draft end of waste code

Waste Reduction and Recycling Act 2011

165 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply to amend an end of waste code Waste Reduction and Recycling Act 2011

168 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a request from the chief executive for further information on an amendment application and agree to extend the stated period.

Waste Reduction and Recycling Act 2011

170 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, in relation to an end of waste code which the chief executive proposes to amend, cancel or suspend, to make written submissions about the proposed action.

Waste Reduction and Recycling Act 2011

172 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to give the chief executive a notice stating that Council intends to become a registered resource producer for the code.

Waste Reduction and Recycling Act 2011

173B dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a notice issued by the chief executive.

Waste Reduction and Recycling Act 2011

173D dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a request for advice, comment or information about the operation of an end of waste code issued by the chief executive.

Waste Reduction and Recycling Act 2011

173H dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply to the chief executive for an end of waste approval for 1 kind of waste.

Waste Reduction and Recycling Act 2011

173I dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a request from the chief executive for further information or documents required to decide the end of waste approval application and to agree to extend the stated period.

Waste Reduction and Recycling Act 2011

173J dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to comply with the conditions of an end of waste approval.

Waste Reduction and Recycling Act 2011

173P dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply to the chief executive to extend an end of waste approval.

Waste Reduction and Recycling Act 2011

173Q dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply to the chief executive to amend or transfer an end of waste approval.

Waste Reduction and Recycling Act 2011

173S dd/month/yyyy OM00xxxxx

Page 90: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to respond to a request from the chief executive for further information or documents required to decide the amendment application and to agree to extend the stated period.

Waste Reduction and Recycling Act 2011

173T dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a notice recieved from the chief executive proposing to amend, cancel or suspend an end of waste approval.

Waste Reduction and Recycling Act 2011

173Y(3)(f) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to surrender an end of waste approval by giving notice to the chief executive.

Waste Reduction and Recycling Act 2011

173ZA dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a notice from the chief executive requiring information about an end of waste approval.

Waste Reduction and Recycling Act 2011

173ZB dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to give the chief executive advice, comment or information about the operation of Chapter 8, Part 3.

Waste Reduction and Recycling Act 2011

173ZC dd/month/yyyy OM00xxxxx

Water Act 2000 #Chief Executive Officer Power, as a service provider directed to impose water

restrictions under section 25D, to provide the Minister with a response stating the way it intends to ensure the restrictions are complied with.

Water Act 2000 25C(d)(iii) dd/month/yyyy OM00xxxxx NOTE: By virtue of the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 the following councils do NOT have powers as “service provider” under the Water Act 2000:Sunshine Coast Regional CouncilMoreton Bay Regional CouncilBrisbane City CouncilIpswich City CouncilScenic Rim Regional CouncilLockyer Valley Regional CouncilSomerset Regional Council

Chief Executive Officer Power, as a service provider directed to achieve outcomes, to provide the Minister with a response stating:1. its intended actions to achieve those outcomes; and2. if the actions include restrictions; how it intends to ensure compliance with the restrictions.

Water Act 2000 25C(d)(v) dd/month/yyyy OM00xxxxx

Page 91: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a service provider, to comply with a direction given under a water supply emergency declaration.

Water Act 2000 25E dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a service provider and to the extent stated in a declaration or regulation, to recover, as a debt due, from Council’s customers or other service providers:(a) contributions made by the State; and(b) costs in section 25O(1) Water Act 2000 to the extent approved by the Minister; and(c) the rate of return.

Water Act 2000 25O dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a service provider, to apply to the Minister for compensation for loss or damage because of actions taken under Chapter 1A, Part 1 Water Act 2000 and to provide other relevant information required by the Minister .

Water Act 2000 25R dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a service provider who has made an application under section 25R, to provide the information the Minister requires to decide the application.

Water Act 2000 25T dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a service provider, to comply with a notice requiring information issued by the chief executive.

Water Act 2000 25Y dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a service provider, to apply for written approval to restrict the use of subartesian water by a customer of the wter service provider in an area if the water is taken, other than for stock purposes, for a purpose mentioned in subjections 25ZA(1)(a) or (b).

Water Act 2000 25ZA(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a service provider, to respond to a request for further information about the application from the chief executive.

Water Act 2000 25ZA(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a service provider outside the SEQ region or a designated region, with the written approval of the chief executive, to impose a restriction on the use of subartesian water.

Water Act 2000 25ZE dd/month/yyyy OM00xxxxx

Page 92: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a person who is completing works that have been started, to give the chief executive notice about the works by the day stated in the moratorium notice.

Water Act 2000 30(3)(d) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of land, to stop construction of the work by the completion day and apply to the Minister for an extension of the completion day.

Water Act 2000 33(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as person who is authorised, or has an entitlement to take or interfere with water, to provide information requested by the chief executive under section 35.

Water Act 2000 35 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of land, to give the chief executive an owner’s notice.

Water Act 2000 36 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a notice of public consultation on a proposed water plan.

Water Act 2000 44 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to make a submission on a draft water plan. Water Act 2000 46 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to make a submission in response to a notice of the Minister’s intention to postpone the expiry of a water plan.

Water Act 2000 54 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to make submissions in response to a notice of the making of a draft water use plan.

Water Act 2000 61 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to consult with the chief executive about the amendment or replacement of a water management protocol.

Water Act 2000 69(2)(c) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to make submissions in response to a notice of the making of a draft water entitlement notice.

Water Act 2000 72 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to take water for any of the purposes referred to in section 93.

Water Act 2000 93 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to interfere with water for any of the purposes referred to in section 94.

Water Act 2000 94 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power as owner of land to take water for stock or domestic purposes.

Water Act 2000 96 dd/month/yyyy OM00xxxxx

Page 93: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to take overland flow water that is not more than the volume necessary to satisfy the requirements of;-(a) an environmental authority; or(b) a development permit for carrying out an environmentally relevant activity.

Water Act 2000 97(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to interfere with the flow water by impoundment if the interference is not more than is necessary to satisfy the requirements of an environmental authority.

Water Act 2000 97(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a constructing authority or water service provider, to take water to operate public showers or toilets.

Water Act 2000 99(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a constructing authority, to take water to construct or maintain infrastructure.

Water Act 2000 99(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, subject to any relevant alteration or limitation prescribed under a moratorium notice, water plan or a regulation under section 1046 to:-(a) take water to carry out an activity prescribed by regulation;(b) take overland flow water;(c) take or interfere with underground water;(d) take wter that has been collected in a dam other than a dam across a watercourse or lake.

Water Act 2000 101(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to, in a water plan area, subject to any relevant alteration or limitation prescribed under a moratorium notice:-(a) take water up to a volume stated in the water plan for the area;(b) take water if doing so is necessary to carry out an activity stated in the water plan for the area;(c) interfere with water to the extent stated in the water plan for the area.

Water Act 2000 102(1) dd/month/yyyy OM00xxxxx

Page 94: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to, where there is no water plan or where the water plan for the area does not provide for the taking or interfering with water up to a volume stated in the plan, subject to any relevant alteration or limitation prescribed under a moratorium notice:-(a) take water up to a volume prescribed by regulation;(b) interfere with water to the extent prescribed by regulation.

Water Act 2000 102(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of land, to take water from a watercourse, lake or spring for stock or domestic purposes in the circumstances described in subsections (a) or (b).

Water Act 2000 103 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of a parcel or parcels of land, to apply for a water licence for the parcel or parcels.

Water Act 2000 107 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a prescribed entity, to apply for a water licence for taking water or interfering with the flow of water.

Water Act 2000 107(4) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an entity mentioned in subsection (1), to apply for a transmission water licence.

Water Act 2000 108 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to comply with a requirement for additional information received from the chief executive and to verify the information by statutory declaration.

Water Act 2000 111 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to give public notice of an application for a water licence in compliance with a notice received from the chief executive.

Water Act 2000 112(3), (4) & (5) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to give the chief executive evidence of the publication.

Water Act 2000 112(6) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply for 1 or more dealings with a water licence, take all steps to progress the application and give notice of the application (if required).

Water Act 2000 121, 122, 123, 126 and 127

dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply to have a water licence reinstated. Water Act 2000 125 dd/month/yyyy OM00xxxxx

Page 95: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to comply with a requirement for additional information received from the chief executive and to verify the information by statutory declaration.

Water Act 2000 128 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a show cause notice issued by the chief executive pursuant to subsection (3).

Water Act 2000 134 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to surrender a water licence. Water Act 2000 136 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply for a water permit for an activity. Water Act 2000 137 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a allocation holder and as a resource operations licence holder to enter a supply contract for the allocation.

Water Act 2000 147(4) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, licence holder, to require the allocation holder to give reasonable security for supplying and storing the allocation.

Water Act 2000 149 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to respond to a requirement from the chief executive to give additional information about the correction and to verify the information by statutory declaration.

Water Act 2000 151 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a licence holder in a circumstance prescribed in subsection (1), to agree that the obligation on the water allocation holder to pay a charge has been satisfied.

Water Act 2000 154(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a licence holder in a circumstance prescribed in subsection (1), to give notice in the approved form to the chief executive of an agreement reached under subsection (2).

Water Act 2000 154(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an allocation holder in a circumstance prescribed in subsection (1), to give a disclosure statement and acknowledgement notice for the water allocation before entering a contract for the transfer or lease of the water allocation.

Water Act 2000 155 dd/month/yyyy OM00xxxxx

Page 96: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a water allocation holder who proposes to transfer or lease a water allocation not managed under a resource operations licence, to give the chief executive notice of the proposed transfer or lease.

Water Act 2000 157 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a water allocation holder, to apply to the chief executive for a water allocation dealing, other than a transfer or lease, under the water allocation dealing rules and to take all steps to comply with the rules.

Water Act 2000 159 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a water allocation holder, given a certificate under sections 157 or 159 to lodge it with the registrar.

Water Act 2000 161 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a water allocation holder, to surrender the water allocation by agreement with the chief executive.

Water Act 2000 162(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a licence, to consent to the surrender of the water allocation with or without conditions.

Water Act 2000 162(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or distribution operations licence, to otherwise agree with the chief executive about the liability for fees under the supply contract or distribution arrangements.

Water Act 2000 162(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of water allocation, to respond to a show cause notice as to why the allocation should not be forfeited.

Water Act 2000 164(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a person having an entitlement to exercise a power of sale in relation to a water allocation, to give notice of the proposed exercise of the power to any person having a registered interest in the water allocation.

Water Act 2000 166(5) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a person having an entitlement to exercise a power of sale in relation to a water allocation, to apply an amount received on the sale of the water allocation in the way mentioned in section 164(7).

Water Act 2000 166(6) dd/month/yyyy OM00xxxxx

Page 97: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to search and obtain copies of documents in the water allocations register and pay any fees associated with the request.

Water Act 2000 175 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a nominator, to give the chief executive notice in the approved form nominating a nominee to be the holder of a distribution operations licence.

Water Act 2000 178 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an entity mentioned in section 176(2) to apply for a resource operations licence for existing or proposed water infrastructure.

Water Act 2000 181(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an entity mentioned in section 177(2) to apply for a distribution operations licence for existing or proposed water infrastructure.

Water Act 2000 181(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to consult with the chief executive about a proposed amendment of the licence.

Water Act 2000 183(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to apply to the chief executive to amend the licence and pay any fee associated with the application.

Water Act 2000 184 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to agree with the chief executive about the amendment of the licence.

Water Act 2000 186 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or the holder of a distribution operations licence or the current infrastructure owner, to apply to the chief executive to transfer the licence and pay any fee associated with the application.

Water Act 2000 187 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the current infrastructure owner or incoming owner, to give written consent to the application to transfer.

Water Act 2000 188 dd/month/yyyy OM00xxxxx

Page 98: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to comply with a requirement of the chief executive to give additional information about the application and to verify the information by statutory declaration.

Water Act 2000 189 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to apply to the chief executive to amalgamate the licence with another licence in the same water supply scheme and pay any fee associated with the application.

Water Act 2000 193 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as allocation licence holder, to respond to a show cause notice issued by the chief executive about the proposed cancellation of the licence.

Water Act 2000 195 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to agree with the chief executive that the licence is no longer required and that it can be cancelled.

Water Act 2000 196 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to prepare the operations manual and submit it together with the sufficient information to the chief executive for approval.

Water Act 2000 197 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to publish the approved operations manual on Council’s website.

Water Act 2000 198(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to apply to the chief executive to have those parts of the operations manual that were not approved referred to a referral panel.

Water Act 2000 199(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to apply to the chief executive to amend or replace an operations manual.

Water Act 2000 200(1) dd/month/yyyy OM00xxxxx

Page 99: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as the holder of a relevant licence, to apply to the chief executive to amend the relevant licence.

Water Act 2000 200(4) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of the licence, to publish a statement of the changes made to the operations manual.

Water Act 2000 200(6) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, in the circumstances prescribed in subsections (1) or (3), to review the operations manual and apply to the chief executive to amend it.

Water Act 2000 201 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an entity referred to in subsection (1), to give an authorised person free and uninterrupted access to the water infrastructure to which the licence applies and any records relating to the water infrastructure.

Water Act 2000 203(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply for an operations licence. Water Act 2000 206 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to comply with a requirement of the chief executive to give additional information about the application and to verify the information by statutory declaration.

Water Act 2000 207 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply to the chief executive to amend an operations licence.

Water Act 2000 211 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of an operations licence, to respond to a show cause notice issued by the chief executive about the proposed amendment or cancellation of the licence.

Water Act 2000 212 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of an operations licence, to consent to a different day being stated in the operations licence.

Water Act 2000 213(4) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a licensee or a new water entitlement holder, in circumstances where subsection (2) applies, to consent to the amendment including the new holder instead of the previous holder.

Water Act 2000 213(5) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a licensee, to apply to transfer the operations licence and pay any fee associated with the application.

Water Act 2000 215 dd/month/yyyy OM00xxxxx

Page 100: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a licensee, to surrender an operations licence by giving the chief executive a notice of surrender

Water Act 2000 216 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply to the chief executive for a permit to excavate or place fill in a watercourse, lake or spring.

Water Act 2000 218 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power as the registered owner of land to consent to the making of an application for a permit to excavate or place fill in a watercourse, lake or spring.

Water Act 2000 218(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to comply with a requirement of the chief executive to give additional information about the application and to verify the information by statutory declaration.

Water Act 2000 219 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a permittee, to respond to a show cause notice issued by the chief executive about the proposed amendment or cancellation of a riverine protection permit.

Water Act 2000 222 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of land to comply with a notice issued by the chief executive pursuant to subsection (3).

Water Act 2000 225(5) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to apply for an allocation of quarry material. Water Act 2000 227 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to comply with a requirement of the chief executive to give additional information about the application, to pay the chief executive the reasonable amount and to verify the information by statutory declaration.

Water Act 2000 228 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an allocation notice holder, to apply to transfer all or part of the allocation to another person and pay any fee associated with the application.

Water Act 2000 235 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an allocation notice holder, to apply to renew the allocation notice before it expires.

Water Act 2000 236 dd/month/yyyy OM00xxxxx

Page 101: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as an allocation holder, to respond to a show cause notice issued by the chief executive about the proposed amendment, suspension or cancellation of the allocation notice.

Water Act 2000 237 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an allocation holder, to surrender the allocation notice by giving the chief executive a notice of surrender.

Water Act 2000 239 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an allocation holder, to pay the royalty or price payable for quarry material removed under the allocation notice.

Water Act 2000 240 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to make written submissions in response to a notice published pursuant to section 345 of the Water Act 2000

Water Act 2000 345 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to prepare a draft water security program Water Act 2000 354 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to prepare a revised draft water security program

Water Act 2000 357(4) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to decide not to prepare a revised draft water security program

Water Act 2000 357(6) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to finalise a water security program Water Act 2000 358 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to review a water security program Water Act 2000 359 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to amend a water security program Water Act 2000 360 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a bulk water party, to amend a bulk water supply agreement

Water Act 2000 360H dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a bulk water party to an amended bulk water supply agreement, to respond to Minister’s notice under section 360I

Water Act 2000 360I dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a code regulated entity to make submissions to the Minister about the making or amending of the bulk water code

Water Act 2000 360U dd/month/yyyy OM00xxxxx

Page 102: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to make a submission to the responsible entity about a proposed underground water impact report or final report and give a copy of the submission to the chief executive.

Water Act 2000 382 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of land, to comply with any reasonable request by the holder made under subsection (1).

Water Act 2000 404 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of a water bore the holder reasonably believes has an impaired capacity, to negotiate and enter into an agreement with the holder about the matters listed in subsection (2).

Water Act 2000 406 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of a water bore, to comply with any reasonable request by the tenure holder made under subsection (1).

Water Act 2000 416 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of a water bore for which a responsible tenure holder has undertaken a bore assessment under division 2, to negotiate and enter into make good agreement for the bore.

Water Act 2000 423 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of a water bore who has entered a make good agreement for the bore, to terminate the agreement within the cooling off period by giving written notice to the responsible tenure holder for the water bore.

Water Act 2000 423A dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a party to a make good agreement, in the circumstances specified in subsection (1), to:-(a) give a notice under subsection (2); and(b) negotiate a variation of a make good agreement for the water bore.

Water Act 2000 424 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a party to a dispute referred to in section 425 to give the other party, and where necessary the chief executive, an election notice.

Water Act 2000 426 dd/month/yyyy OM00xxxxx

Page 103: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a party to a dispute referred to in section 425, to ask for and agree to a longer period to finish the conference or ADR.

Water Act 2000 427(4) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a party to a dispute referred to in section 425, to attend a conference.

Water Act 2000 429(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a party to a dispute referred to in section 425, to seek the authorised officer’s approval for someone else to be present at the conference.

Water Act 2000 429(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a party to a dispute referred to in section 425, to agree to the other party being represented by a lawyer.

Water Act 2000 429(4) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a party who attended the conference where the other party did not attend, to apply to the Land Court for Council’s costs.

Water Act 2000 430 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a party to a dispute referred to in section 425, to negotiate an agreement about the matters the subject of the conference and to sign the agreement on Council’s behalf.

Water Act 2000 433 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as party to the dispute or who attended the conference or ADR under section 425 of the Water Act 2000 , to apply to the Land Court to decide the matter the subject of the election notice issued under section 425 of the Water Act 2000 .

Water Act 2000 434(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of a water bore, to comply with a requirement of the chief executive to give the information referred to in subsection (2).

Water Act 2000 454 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to make a submission in response to a proposal to amend the establishment regulation for a water authority.

Water Act 2000 556 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to make a submission in response to a proposal to change the composition of the board of a water authority.

Water Act 2000 598A dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as a landholder who receives a notice from the chief executive, to make a submission regarding a proposed amalgamation or dissolution of water authorities.

Water Act 2000 692 dd/month/yyyy OM00xxxxx

Page 104: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a relevant registered owner of land in the authority area, to enter a closed water activity agreement.

Water Act 2000 695A dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to agree in writing with the water authority to a proposed transfer by the water authority to the local government of all or part of the authority’s functions and on how to implement the proposed transfer.

Water Act 2000 700A(1)(a)(i) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, together with a water authority, to notify the Minister of their agreement about the proposed transfer and on how it is to be implemented and ask for the Minister’s approval of the proposed transfer.

Water Act 2000 700A(1)(b) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to comply with a requirement of the Minister made under this subsection.

Water Act 2000 700A(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as interested person who has been given an information notice or compliance notice by the chief executive, to apply for an internal review of the original decision to give the notice.

Water Act 2000 862 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as interested person who applied for an internal review under section 862 of the Water Act 2000 , to appeal against, or apply for a review of, the review decision.

Water Act 2000 877 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to give a claim for compensation under Chapter 8, Part 3 to the chief executive.

Water Act 2000 988 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, if one of the stated authorities, to have a supply contract with SEQ Water for Council’s water entitlement.

Water Act 2000 992C dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an owner of land to which the expired licence attached, to apply to the chief executive:-(a) to reinstate the licence and make a validating declaration; or(b) to replace the licence and make a validating declaration.

Water Act 2000 1273A dd/month/yyyy OM00xxxxx

Page 105: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as holder of the new licence, to request the chief executive to make a validating declaration in relation to the licence.

Water Act 2000 1273B dd/month/yyyy OM00xxxxx

Water Regulation 2016 #Chief Executive Officer Power, in relation to an original licence, to apply to the

chief executive for a transfer, amendment oramalgamation and to pay the application fee.

Water Regulation 2016 34 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of the original licence, to swearthe statutory declaration required in subsection(3)(b)(i)

Water Regulation 2016 34(3)(b)(i) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an interested entity, to provide writtenconsent to the proposed transfer, amendment oramalgamation.

Water Regulation 2016 34(3)(b)(ii) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as an applicant under section 34, to give thechief executive a transfer notice.

Water Regulation 2016 37 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, as the holder of a water allocation, to apply tothe chief executive for a seasonal water assignmentfor the water allocation for the year in which theapplication is made and to pay the application fee.

Water Regulation 2016 58 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to comply with a notice issued by the chiefexecutive under subsection (2).

Water Regulation 2016 64(2) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to give the chief executive evidence of thepublication.

Water Regulation 2016 64(5)(a) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to give the chief additional information requiredunder subjection (1) and to verify the information bystatutory declaration.

Water Regulation 2016 65 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, where Council has made an application undersection 63, to pay the estimated cost to the chiefexecutive.

Water Regulation 2016 66(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to comply with a meter notice issued by thechief executive.

Water Regulation 2016 108 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to arrange for a validation inspection to becarried out on a meter and to give a copy of thevalidation certificate to the chief executive.

Water Regulation 2016 112 dd/month/yyyy OM00xxxxx

Page 106: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to comply with a notice from the chief executiverequiring Council to read a meter and provide themeter reading to the chief executive.

Water Regulation 2016 113(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to pay a meter operating charge to the chiefexecutive.

Water Regulation 2016 115 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to pay a meter use charge to the chiefexecutive.

Water Regulation 2016 116 dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to give the chief executive a notice that Councilhas decided to stop using an approved meter.

Water Regulation 2016 117(1) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to pay the metering exit charge. Water Regulation 2016 117(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power, after receiving a transfer notice, to give writtennotice to the chief executive that Council is refusing toaccept the transfer

Water Regulation 2016 119(3) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power as a licensee to pay the water licence feestated in the notice received from the chief executive.

Water Regulation 2016 131(2)(b) dd/month/yyyy OM00xxxxx

Chief Executive Officer Power to pay a charged levied by a notice receivedfrom the chief executive pursuant to this section.

Water Regulation 2016 134(1)(d) dd/month/yyyy OM00xxxxx

REPEALMineral Resources Act 1989 #

Chief Executive Officer Power, as the owner of occupied land, to give written consent, with or without conditions, to a prospecting permit holder entering the land for hand mining.

Mineral Resources Act 1989 19(3) and 20 27 April 2016 OM003418

Chief Executive Officer Power, as the owner of land that is a reserve that is subject to an exploration permit, to consent (with or without conditions) to entry to any part of the surface area of the land.

Mineral Resources Act 1989 129(1)(a)(ii), (13) and (14)

27 April 2016 OM003418

Chief Executive Officer Power, as the owner of restricted land that is subject to an exploration permit, to consent (with or without conditions) to entry to any part of the surface area of the land.

Mineral Resources Act 1989 129(3), (4), and (14) 27 April 2016 OM003418

Page 107: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to withdraw consent given under subsection (1)(a)(ii).

Mineral Resources Act 1989 129(6) 27 April 2016 OM003418

Chief Executive Officer Power, as the owner of relevant land, to give views of the owner on an application under subsections (6) or (8).

Mineral Resources Act 1989 129(9) 27 April 2016 OM003418

Chief Executive Officer Power, as the owner of a reserve, to give notice in writing to the chief executive of the withdrawal of consent given pursuant to subsection (4)(b)(ii)

Mineral Resources Act 1989 181(11) 27 April 2016 OM003418

Chief Executive Officer Power, as the owner of relevant land, to give views of the owner on an application under subsections (11) or (13).

Mineral Resources Act 1989 181(14) 27 April 2016 OM003418

Chief Executive Officer Power, as the owner of a reserve, to give consent to a mineral development licence holder and any person who acts for the purpose of carrying out any activity authorised by the mineral development licence entering the surface of the reserve.

Mineral Resources Act 1989 181(4)(b)(ii) 27 April 2016 OM003418

Chief Executive Officer Power, as the owner of restricted land, to give written consent, with or without conditions to an application for a mineral development licence on the land.

Mineral Resources Act 1989 181(8)(a) and (9) 27 April 2016 OM003418

Chief Executive Officer Power, as a road authority, to give a mining tenement holder a road use direction.

Mineral Resources Act 1989 318EQ 27 April 2016 OM003418

Chief Executive Officer Power, as a road authority, to enter a compensation agreement with a mining tenement holder.

Mineral Resources Act 1989 318ET 27 April 2016 OM003418

Chief Executive Officer Power, as a road authority, to apply to the Land Court for it to decide the mining tenement holder’s compensation liability to the authority relating to a road.

Mineral Resources Act 1989 318EU 27 April 2016 OM003418

Chief Executive Officer Power, as a road authority, to apply to the Land Court to review the original compensation.

Mineral Resources Act 1989 318EW 27 April 2016 OM003418

Chief Executive Officer Power, as a road authority, to give written consent to the holder of a mining tenement carrying out a notifiable use of a road.

Mineral Resources Act 1989 318EX(1)(b) 27 April 2016 OM003418

Chief Executive Officer Power, as an owner or occupier of land to give a waiver of entry notice for the land.

Mineral Resources Act 1989 Schedule 1, 7(1)(e) and 8

27 April 2016 OM003418

Page 108: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as an eligible claimant, to enter a conduct and compensation agreement with an exploration tenement holder.

Mineral Resources Act 1989 Schedule 1, 14 27 April 2016 OM003418

Chief Executive Officer Power, as an eligible claimant, to conduct negotiations for a compensation agreement or a deferral agreement.

Mineral Resources Act 1989 Schedule 1, 17 27 April 2016 OM003418

Chief Executive Officer Power, as an eligible claimant, to give an election notice and to participate in any conference or ADR process which results from an election notice.

Mineral Resources Act 1989 Schedule 1, 20 27 April 2016 OM003418

Chief Executive Officer Power, as an eligible party, to apply to the Land Court for it to decide the exploration tenement holder’s— (a) compensation liability to the claimant; or (b) future compensation liability to the claimant for an authorised activity for the exploration tenement holder proposed to be carried out by or for the holder.

Mineral Resources Act 1989 Schedule 1, 22 27 April 2016 OM003418

Chief Executive Officer Power, as an eligible claimant, to apply to the Land Court to review the original compensation.

Mineral Resources Act 1989 Schedule 1, 23 27 April 2016 OM003418

Sustainable Planning Regulation 2009

#

Chief Executive Officer Power, as a local government, to give written notice to a school that Council does not agree to the exemption.

Sustainable Planning Regulation 2009

Schedule 4, table 5, item 11(3)(b) of the

27 April 2016 OM003418

Chief Executive Officer Power, as a local government, to give written notice to a school that – (a) A matter mentioned in schedule 4, table 5, item 12A(3)(a) applies to the development; and(b) Council is satisfied that the development may – • affect the local heritage place, place of cultural heritage significance or protected vegetation; or• be affected by subsidence.

Sustainable Planning Regulation 2009

Schedule 4, table 5, item 12A(3)(b) of the

27 April 2016 OM003418

Tobacco and Other Smoking Products Act 1998

#

Page 109: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to administer and enforce Part 2C, Division 3 of the Act within Council’s area and, for a patrolled beach area of a patrolled beach or a prescribed outdoor swimming area, adjacent to or within Council’s area.

Tobacco and Other Smoking Products Act 1998

26ZM and 26ZN 27 April 2016 OM003418

Chief Executive Officer Power to commence a proceeding concerning an offence under Part 2C, Division 3 of the Act.

Tobacco and Other Smoking Products Act 1998

26ZP 27 April 2016 OM003418

Chief Executive Officer Power to commence a proceeding for a contravention of a local law made pursuant to Part 2C, Division 4 of the Act.

Tobacco and Other Smoking Products Act 1998

26ZPE 27 April 2016 OM003418

Transport Operations (Marine Pollution) Act 1995

#

Chief Executive Officer Power to consult with the chief executive in relation to the development of marine pollution prevention and response programs if the chief executive believes that Council would be affected by the programs.

Transport Operations (Marine Pollution) Act 1995

17(4) 27 April 2016 OM003418

Transport Operations (Marine Safety) Act 1994

#

Chief Executive Officer Power to consult with chief executive in developing marine safety implementation programs, if the chief executive considers Council would be affected by the programs.

Transport Operations (Marine Safety) Act 1994

25(4) 27 April 2016 OM003418

Waste Reduction and Recycling Act 2011

#

Chief Executive Officer Power to apply to the chief executive for a specific approval of a resource.

Waste Reduction and Recycling Act 2011

157 27 April 2016 OM003418

Chief Executive Officer Power to agree with the chief executive to extend the time for providing additional material requested by the chief executive on an application for a specific approval of a resource.

Waste Reduction and Recycling Act 2011

158 27 April 2016 OM003418

Chief Executive Officer Power, as holder of a specific approval of a resource, to apply to the chief executive to transfer the benefit of the approval or amend the approval.

Waste Reduction and Recycling Act 2011

168 27 April 2016 OM003418

Page 110: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to agree with the chief executive to extend the time for providing additional material requested by the chief executive on an application to transfer or amend a specific approval of a resource.

Waste Reduction and Recycling Act 2011

169 27 April 2016 OM003418

Water Act 2000 #Chief Executive Officer Power, as a constructing authority or water service

provider, to take water to operate public showers or toilets.

Water Act 2000 20C(2) 27 April 2016 OM003418 NOTE: By virtue of the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 the following councils do NOT have powers as “service provider” under the Water Act 2000:Sunshine Coast Regional CouncilMoreton Bay Regional CouncilBrisbane City CouncilIpswich City CouncilScenic Rim Regional CouncilLockyer Valley Regional CouncilSomerset Regional Council

Chief Executive Officer Power, as a constructing authority, to take water to construct or maintain infrastructure if the taking of the water is for a purpose stated under a regulation.

Water Act 2000 20C(3) 27 April 2016 OM003418

Chief Executive Officer Power, as a service provider directed to impose water restrictions under section 25D, to provide the Minister with a response stating the way it intends to ensure the restrictions are complied with.

Water Act 2000 25C(d)(iii) 27 April 2016 OM003418

Page 111: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a service provider directed to achieve outcomes, to provide the Minister with a response stating:1. its intended actions to achieve those outcomes; and2. if the actions include restrictions; how It intends to ensure compliance with the restrictions.

Water Act 2000 25C(d)(v) 27 April 2016 OM003418

Chief Executive Officer Power, as a service provider, to apply to the Minister for compensation for loss or damage because of actions taken under Chapter 2, Part 2, Division 2A Water Act 2000 .

Water Act 2000 25R 27 April 2016 OM003418

Chief Executive Officer Power, as a service provider who has made an application under section 25R, to provide the information the Minister requires to decide the application.

Water Act 2000 25T 27 April 2016 OM003418

Chief Executive Officer Power, as a service provider outside the SEQ region or a designated region, to apply for written approval to restrict the use of subartesian water.

Water Act 2000 25ZA 27 April 2016 OM003418

Chief Executive Officer Power, as a service provider outside the SEQ region or a designated region, with the written approval of the chief executive, to impose a restriction on the use of subartesian water.

Water Act 2000 25ZE 27 April 2016 OM003418

Chief Executive Officer Power, as owner of land a moratorium notice affects and completing works that will not be completed by the date stated in the moratorium notice, to seek an extension of time to complete the works.

Water Act 2000 27 27 April 2016 OM003418

Chief Executive Officer Power, as a holder of an authority or entitlement to take or interfere with water, to provide information requested by the chief executive under section 36 of the Water Act 2000 .

Water Act 2000 36 27 April 2016 OM003418

Chief Executive Officer Power, as a service provider, to provide information requested by the chief executive under section 36 of the Water Act 2000 .

Water Act 2000 36A 27 April 2016 OM003418

Page 112: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power to make submissions in response to a notice of the Minister’s intention to prepare a draft water resource plan or further proposed draft water resource plan.

Water Act 2000 40 & 40A 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice of the Minister’s draft water resource plan or further draft water resource plan.

Water Act 2000 49 & 49A 27 April 2016 OM003418

Chief Executive Officer Power to make available for inspection by the public a notice received from the Minister pursuant to section 52B(4).

Water Act 2000 52B(5) 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice of the Minister’s intention to prepare an amending water resource plan or new draft water resource plan.

Water Act 2000 56 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice of the Minister’s intention to prepare a draft water use plan.

Water Act 2000 61 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice of the Minister’s draft water use plan.

Water Act 2000 64 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice of the Minister’s intention to prepare an amending water use plan or new draft water use plan.

Water Act 2000 69 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice of the chief executive’s intention to prepare a draft resource operations plan.

Water Act 2000 96 27 April 2016 OM003418

Chief Executive Officer Power, as the holder of an interim resource operations licence, a resource operations licence or other authorisation to operate water infrastructure, to provide proposed arrangements for the management of the water.

Water Act 2000 97 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice of the chief executive’s draft resource operations plan.

Water Act 2000 100 27 April 2016 OM003418

Page 113: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as existing water entitlement holder and in response to a notice for a draft resource operations plan that establishes water allocations, to give the chief executive notice of its wish to be recorded on the water allocations register as other than as tenant in common in equal shares.

Water Act 2000 101(1)(a) 27 April 2016 OM003418

Chief Executive Officer Power, as existing interest holder and in response to a notice for a draft resource operations plan that establishes water allocations, to give the chief executive notice of intention to take action to have the interest recorded on the water allocations register.

Water Act 2000 101(1)(b) 27 April 2016 OM003418

Chief Executive Officer Power, as existing interest holder who gives the chief executive a notice under section 101(1)(b) of the Water Act 2000 , to give the chief executive notice of the consent of the water allocation holder or other authority to take water.

Water Act 2000 101(1)(c) 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice of the chief executive’s intention to amend a resource operations plan.

Water Act 2000 105(4) 27 April 2016 OM003418

Chief Executive Officer Power to apply for a distribution operations licence other than one granted under a resource operations plan.

Water Act 2000 108A 27 April 2016 OM003418

Chief Executive Officer Power, as an applicant for a distribution operations licence, to provide whatever information the chief executive may request.

Water Act 2000 108B 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a show cause notice received from the chief executive regarding an intention to amend a condition of a resource operations licence or a distribution operations licence.

Water Act 2000 112 27 April 2016 OM003418

Chief Executive Officer Power, as the holder of a resource operations licence or a distribution operations licence, to consent to amendments the chief executive wishes to make to the licence.

Water Act 2000 113 27 April 2016 OM003418

Page 114: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as resource operations licence holder or distribution operations licence holder or interim resource operations licence holder, to apply to the chief executive to transfer all or part of a resource operations licence or distribution operations licence or interim resource operations licence.

Water Act 2000 114 & 186 27 April 2016 OM003418

Chief Executive Officer Power, as the current infrastructure owner or incoming owner to consent to an application made under section 114 of the Water Act 2000 .

Water Act 2000 115 27 April 2016 OM003418

Chief Executive Officer Power, as the holder of a resource operations licence or distribution operations licence, to provide the chief executive any additional information about an application made under section 114 of the Water Act 2000 .

Water Act 2000 115A 27 April 2016 OM003418

Chief Executive Officer Power, as resource operations licence holder, to apply to the chief executive to amalgamate, into a single licence, the resource operations licence with another resource operations licence in the same water supply scheme.

Water Act 2000 118A(1) 27 April 2016 OM003418

Chief Executive Officer Power, as distribution operations licence holder, to apply to the chief executive to amalgamate, into a single licence, the distribution operations licence with another distribution operations licence in the same water supply scheme.

Water Act 2000 118A(2) 27 April 2016 OM003418

Chief Executive Officer Power, as the holder of a resource operations licence or distribution operations licence, to provide written consent for its licence to be amalgamated with another licence in the same water supply scheme.

Water Act 2000 118A(3)(b) 27 April 2016 OM003418

Chief Executive Officer Power, as the owner of water infrastructure to provide written consent to an application made under section 118A(2).

Water Act 2000 118A(4) 27 April 2016 OM003418

Page 115: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as the owner of water infrastructure subject to a distribution operations licence held by the approved nominee of the water infrastructure owner, to request cancellation of the distribution operations licence.

Water Act 2000 119 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a show cause notice issued by the chief executive in relation to the proposed cancellation of a resource operations licence or distribution operations licence.

Water Act 2000 119A 27 April 2016 OM003418

Chief Executive Officer Power, as resource operations licence holder or distribution operations licence holder or interim resource operations licence holder, to agree with the chief executive to cancel a resource operations licence or distribution operations licence or interim resource operations licence.

Water Act 2000 119B & 186 27 April 2016 OM003418

Chief Executive Officer Power, as resource operations licence holder or a distribution operations licence holder or the owner of water infrastructure subject to a distribution operations licence held by the approved nominee of the water infrastructure owner, to give an authorised person free and uninterrupted access to the water infrastructure to which the licence applies and any records relating to the water infrastructure.

Water Act 2000 119D 27 April 2016 OM003418

Chief Executive Officer Power, as resource operations licence holder or water allocation holder, to enter into a supply contract with a resource operations licence holder or allocation holder, where a different entity, for an allocation.

Water Act 2000 122A(4)(a) 27 April 2016 OM003418

Chief Executive Officer Power, as a party to a standard supply contract, to review the contract within 1 year of the contract taking effect.

Water Act 2000 122A(5) 27 April 2016 OM003418

Chief Executive Officer Power, as resource operations licence holder, to require a water allocation holder to provide reasonable security for supplying and storing the water allocation.

Water Act 2000 124 27 April 2016 OM003418

Page 116: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as water allocation holder, to provide the chief executive with information required by the chief executive to correct the name of the entitlement holder.

Water Act 2000 126 27 April 2016 OM003418

Chief Executive Officer Power, as distribution licence holder, to agree that the water allocation holder has satisfied their obligation to pay a charge under the distribution arrangements between the parties.

Water Act 2000 127C 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder, to apply to the chief executive to:(a) amalgamate 2 or more water allocations into a single water allocation; or(b) subdivide a water allocation into 2 or more water allocations.

Water Act 2000 128A 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder, to notify the chief executive of a proposal to transfer or lease a water allocation not managed under a resource operations licence.

Water Act 2000 128B 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder, to apply to the chief executive to change the allocation in accordance with the change rules of a resource operations plan.

Water Act 2000 129 & 129A 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder, to apply to the chief executive to change the allocation where the change is not mentioned in a resource operations plan.

Water Act 2000 130 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder who has made an application under sections 129A or 130 to provide the chief executive with the additional information requested.

Water Act 2000 131 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a notice advising an application to change a water allocation under section 130 Water Act 2000 .

Water Act 2000 132 27 April 2016 OM003418

Page 117: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as an applicant to change a water allocation under section 130 Water Act 2000 , to publish stated information required by a notice issued by the chief executive and to give the chief executive evidence of the publication.

Water Act 2000 132(2) & 132(5) 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder or an interim water allocation licence holder, to make submissions in response to a show cause notice given where Council has been convicted of an offence against the Water Act 2000 .

Water Act 2000 138 & 196 27 April 2016 OM003418

Chief Executive Officer Power, as resource operations licence holder or distribution operations licence holder, to sell a water allocation in accordance with the supply contract or distribution arrangements.

Water Act 2000 140 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder or seasonal water assignment holder, to apply to the chief executive for a seasonal water assignment.

Water Act 2000 142 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder who has made an application under section 142 to provide the chief executive with the additional information requested.

Water Act 2000 143 27 April 2016 OM003418

Chief Executive Officer Power, as water allocation holder, to enter into an arrangement for a seasonal water assignment in relation to the water allocation.

Water Act 2000 146B 27 April 2016 OM003418

Chief Executive Officer Power, as resource operations licence holder, to consent to an arrangement for a seasonal water assignment with a water allocation holder where the seasonal water assignment rules require the consent.

Water Act 2000 146B(2)(b) 27 April 2016 OM003418

Chief Executive Officer Power, as existing interest holder, to lodge a caveat claiming an interest in a water allocation.

Water Act 2000 150A(3) 27 April 2016 OM003418

Chief Executive Officer Power to search and obtain a copy of a water allocation, an instrument in relation to an allocation and information about the allocation.

Water Act 2000 153 27 April 2016 OM003418

Chief Executive Officer Power, as interim resource operations licence holder, to apply to amend the interim resource operations licence.

Water Act 2000 179 27 April 2016 OM003418

Page 118: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as interim resource operations licence holder who has made an application under section 179, to provide any additional information requested by the chief executive.

Water Act 2000 180 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a public notice to amend an interim resource operations licence.

Water Act 2000 181 27 April 2016 OM003418

Chief Executive Officer Power, as an applicant to change an interim resource operations licence, to publish stated information required by a notice issued by the chief executive and to give the chief executive evidence of the publication.

Water Act 2000 182(2) & 182(5) 27 April 2016 OM003418

Chief Executive Officer Power, as interim resource operations licence holder, to respond to a show cause notice issued by the chief executive about its intention to amend the interim resource licence.

Water Act 2000 184 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in response to a public notice by the chief executive to amend an interim resource operations licence.

Water Act 2000 184 27 April 2016 OM003418

Chief Executive Officer Power, as the holder of a interim resource operations licence, to apply to the chief executive to amend the water sharing rules in a water year or part of a water year.

Water Act 2000 185A(1)(a)(ii) 27 April 2016 OM003418

Chief Executive Officer Power, as interim resource operations licence holder or resource operations licence holder, to apply to transfer all or part of an interim water allocation not attached to land, to any of the listed entities.

Water Act 2000 193 27 April 2016 OM003418

Chief Executive Officer Power, as interim water allocation holder, to transfer to other land, all or part of the authority to take water under the allocation.

Water Act 2000 195 27 April 2016 OM003418

Chief Executive Officer Power, as interim water allocation holder, to surrender the allocation.

Water Act 2000 197 27 April 2016 OM003418

Chief Executive Officer Power, as interim water allocation holder, to consult with the chief executive about dealing with the interim water allocation under an interim resource operations licence.

Water Act 2000 197A(2) 27 April 2016 OM003418

Page 119: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a proposed transferee, to apply for the transfer of an interim water allocation under an interim resource operations licence to the transferee.

Water Act 2000 197A(3) 27 April 2016 OM003418

Chief Executive Officer Power, as interim water allocation holder that attaches to land, part of which has been disposed of, to apply or consent to the other land holder/s application, to have one or more interim water allocations to replace the jointly held interim water allocation licence.

Water Act 2000 198(3) 27 April 2016 OM003418

Chief Executive Officer Power, as interim water allocation holder that attaches to land, part of which has been disposed of, to make a written submission to the chief executive in response to a notice to replace the allocation.

Water Act 2000 198(7) 27 April 2016 OM003418

Chief Executive Officer Power, as interim water allocation holder, to enter into an arrangement for a seasonal water assignment in relation to the allocation.

Water Act 2000 200(1) 27 April 2016 OM003418

Chief Executive Officer Power, as interim resource operations licence holder or resource operations licence holder, to consent to an arrangement under section 200(1) Water Act 2000 .

Water Act 2000 200(3) 27 April 2016 OM003418

Chief Executive Officer Power, as owner of land or owner of contiguous parcels of land, to apply for a water licence to take water and use water on the land or interfere with the flow of water on, under or adjoining the land.

Water Act 2000 206(1) 27 April 2016 OM003418

Chief Executive Officer Power, as owner of intervening land, to grant the applicant for a water licence a registrable lease or easement over Council’s land to enable them to take the water.

Water Act 2000 206(3) 27 April 2016 OM003418

Chief Executive Officer Power, as a listed entity, to apply for a water licence to take water or interfere with the flow of water.

Water Act 2000 206(4) 27 April 2016 OM003418

Page 120: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as an applicant for a water licence under section 206 or an applicant for the transmission of a water licence under section 212A, to provide any additional information requested by the chief executive.

Water Act 2000 207 & 212A(5) 27 April 2016 OM003418

Chief Executive Officer Power, as an applicant for a water licence, to publish stated information required by a notice issued by the chief executive and to give the chief executive evidence of the publication.

Water Act 2000 208(2) and 208(6) 27 April 2016 OM003418

Chief Executive Officer Power to make submissions in relation to another entity’s application for a water licence under section 206 of the Water Act 2000 .

Water Act 2000 208(4) 27 April 2016 OM003418

Chief Executive Officer Power, as relevant entity for a recycled water scheme or entity nominated by such a relevant entity, to apply for a transmission water licence for taking water from a receiving water source.

Water Act 2000 212A 27 April 2016 OM003418

Chief Executive Officer Power, as an applicant for a water licence to which section 206(3) applies, to register the instrument of lease or easement under the Land Title Act 1994 .

Water Act 2000 214(4) 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder, to apply to amend a water licence.

Water Act 2000 216 27 April 2016 OM003418

Chief Executive Officer Power to make written submissions in relation to another entity’s application to amend a water licence.

Water Act 2000 216A(3) 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder or a water permit holder, to make submissions in response to a show cause notice issued by the chief executive in relation to a proposed amendment to the water licence or cancellation of the water permit.

Water Act 2000 218 & 244 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder, to apply for renewal of a water licence.

Water Act 2000 220 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder or the owner of land to which a water licence was attached, to apply for reinstatement of an expired water licence.

Water Act 2000 221 27 April 2016 OM003418

Page 121: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as water licence holder or the constructing authority acquiring land under the Acquisition of Land Act 1967 to which an interim water allocation or water licence is attached, to apply to transfer a water licence or the interim water allocation or water licence.

Water Act 2000 222 & 198A & 229B 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder, to apply to amalgamate 2 or more water licences.

Water Act 2000 224 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder, to apply to divide a water licence into 2 or more water licences.

Water Act 2000 225 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder, to surrender a water licence.

Water Act 2000 226 27 April 2016 OM003418

Chief Executive Officer Power, as the new owner of land to which a water licence attaches, to give the chief executive notice that the previous licensee has ceased to be the licensee.

Water Act 2000 228(5) 27 April 2016 OM003418

Chief Executive Officer Power, as owner of land to which a jointly held water licence attaches, to apply for 1 or more licences to replace the jointly held licence.

Water Act 2000 229(3) 27 April 2016 OM003418

Chief Executive Officer Power, as owner of land to which a jointly held water licence attaches and to whom a notice has been given under section 229(7) of the Water Act , to make a submission about the chief executive’s proposal to amend, subdivide or cancel the licence.

Water Act 2000 229(3) 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder or seasonal water assignment notice holder, to apply for a seasonal water assignment.

Water Act 2000 231 27 April 2016 OM003418

Chief Executive Officer Power, as an applicant under section 231, to provide any additional information requested by the chief executive.

Water Act 2000 232 27 April 2016 OM003418

Chief Executive Officer Power to apply for a water permit for taking water for an activity with a reasonably foreseeable conclusion date.

Water Act 2000 237 27 April 2016 OM003418

Chief Executive Officer Power as an applicant for a water permit under section 237 to provide the chief executive with any additional information requested.

Water Act 2000 238 27 April 2016 OM003418

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DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as water permit holder or the holder of a seasonal water assignment notice, to surrender the water permit.

Water Act 2000 243 & 146 & 236 27 April 2016 OM003418

Chief Executive Officer Power, as water licence holder or water permit holder, to apply for a replacement licence or permit where the licence or permit has been lost or destroyed.

Water Act 2000 245 27 April 2016 OM003418

Chief Executive Officer Power to apply to the chief executive for a permit to:(a) excavate in a watercourse, lake or spring;(b) place fill in a watercourse, lake or spring.

Water Act 2000 266 27 April 2016 OM003418

Chief Executive Officer Power, as the registered owner of the land containing the watercourse or part of the lake or spring or adjoining the watercourse, lake or spring to which an application under section 266 relates, to provide written consent to the proposed activity.

Water Act 2000 266(2A) 27 April 2016 OM003418

Chief Executive Officer Power, as an applicant under section 266 top provide any additional information requested by the chief executive.

Water Act 2000 267 27 April 2016 OM003418

Chief Executive Officer Power, as permit holder under section 266 of the Water Act 2000 , to respond to a show cause notice issued by the chief executive as to why the conditions of the permit should not be amended, or the permit should not be cancelled.

Water Act 2000 270 27 April 2016 OM003418

Chief Executive Officer Power to apply for an allocation of quarry material. Water Act 2000 280 27 April 2016 OM003418

Chief Executive Officer Power, as quarry material allocation notice holder, to apply to transfer all or part of the allocation to another person.

Water Act 2000 288 27 April 2016 OM003418

Chief Executive Officer Power, as quarry material allocation notice holder, to apply to renew the allocation notice.

Water Act 2000 289 27 April 2016 OM003418

Page 123: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as quarry material allocation notice holder, to respond to a show cause notice issued by the chief executive as to why the allocation notice should not be amended, suspended or cancelled.

Water Act 2000 290 27 April 2016 OM003418

Chief Executive Officer Power, as quarry material allocation notice holder, to surrender the allocation notice.

Water Act 2000 291A 27 April 2016 OM003418

Chief Executive Officer Power, as operations licensee, to apply to amend an operations licence.

Water Act 2000 333 27 April 2016 OM003418

Chief Executive Officer Power, as operations licensee, to make submissions in response to a notice issued by the chief executive regarding proposed the proposed amendment to a licence.

Water Act 2000 334(3) 27 April 2016 OM003418

Chief Executive Officer Power, as operations licensee, to apply to transfer the operations licence.

Water Act 2000 337 27 April 2016 OM003418

Chief Executive Officer Power, as operations licensee, to surrender an operations licence.

Water Act 2000 338 27 April 2016 OM003418

Chief Executive Officer Power to make written submissions in response to a notice published pursuant to section 345 of the Water Act 2000

Water Act 2000 345 27 April 2016 OM003418

Chief Executive Officer Power to prepare a draft water security program Water Act 2000 354 27 April 2016 OM003418

Chief Executive Officer Power to prepare a revised draft water security program

Water Act 2000 357(4) 27 April 2016 OM003418

Chief Executive Officer Power to decide not to prepare a revised draft water security program

Water Act 2000 357(6) 27 April 2016 OM003418

Chief Executive Officer Power to finalise a water security program Water Act 2000 358 27 April 2016 OM003418

Chief Executive Officer Power to review a water security program Water Act 2000 359 27 April 2016 OM003418

Chief Executive Officer Power to amend a water security program Water Act 2000 360 27 April 2016 OM003418

Chief Executive Officer Power, as a bulk water party, to amend a bulk water supply agreement

Water Act 2000 360H 27 April 2016 OM003418

Chief Executive Officer Power, as a bulk water party to an amended bulk water supply agreement, to respond to Minister’s notice under section 360I

Water Act 2000 360I 27 April 2016 OM003418

Page 124: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as a code regulated entity to make submissions to the Minister about the making or amending of the bulk water code

Water Act 2000 360U 27 April 2016 OM003418

Chief Executive Officer Power, as responsible entity for an approved report, which the chief executive considers requires amendment, to make a submission regarding the proposed amendment.

Water Act 2000 393 27 April 2016 OM003418

Chief Executive Officer Power, as party to the dispute or who attended the conference or ADR under section 425 of the Water Act 2000 , to apply to the Land Court to decide the matter the subject of the election notice issued under section 425 of the Water Act 2000 .

Water Act 2000 434(3) 27 April 2016 OM003418

Chief Executive Officer Power to make a submission in response to a proposal to amend the establishment regulation for a water authority.

Water Act 2000 556 27 April 2016 OM003418

Chief Executive Officer Power to make a submission in response to a proposal to change the composition of the board of a water authority.

Water Act 2000 598A 27 April 2016 OM003418

Chief Executive Officer Power, as a landholder who receives a notice from the chief executive, to make a submission regarding a proposed amalgamation or dissolution of water authorities.

Water Act 2000 692 27 April 2016 OM003418

Chief Executive Officer Power to agree in writing with the water authority to a proposed transfer by the water authority to the local government of all or part of the authority’s functions and on how to implement the proposed transfer.

Water Act 2000 700A(1)(a)(i) 27 April 2016 OM003418

Chief Executive Officer Power, together with a water authority, to notify the Minister of their agreement about the proposed transfer and on how it is to be implemented and as for the Minister’s approval of the proposed transfer.

Water Act 2000 700A(1)(b) 27 April 2016 OM003418

Chief Executive Officer Power to comply with a requirement of the Minister made under this subsection.

Water Act 2000 700A(2) 27 April 2016 OM003418

Page 125: Banana Shire Council ORDINARY MEETING MINUTES

DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Chief Executive Officer Power, as interested person who has been given an information notice or compliance notice by the chief executive, to apply for an internal review of the original decision to give the notice.

Water Act 2000 862 27 April 2016 OM003418

Chief Executive Officer Power, as interested person who applied for an internal review under section 862 of the Water Act 2000 , to appeal against, or apply for a review of, the review decision.

Water Act 2000 877 27 April 2016 OM003418

Chief Executive Officer Power, if one of the stated authorities, to have a supply contract with SEQ Water for Council’s water entitlement.

Water Act 2000 992C 27 April 2016 OM003418

Chief Executive Officer Power, as a service provider and to the extent stated in a declaration or regulation, to recover, as a debt due, from Council’s customers or other service providers:(a) contributions made by the State; and(b) costs in section 25O(1) Water Act 2000 to the extent approved by the Minister; and(c) the rate of return.

Water Act 2000 25O 27 April 2016 OM003418

AMENDLand Act 1994 #

Chief Executive Officer Power, as owner of land having a non-tidal boundary (watercourse) (the relevant land), to apply to the chief executive (water) to have land adjoining the relevant land (the watercourse land) declared to be former watercourse land.

Land Act 1994 13B(1) 27/04/2016dd/month/2017

OM003418Amended-OM00xxxx

Mineral Resources Act 1989 #

Chief Executive Officer Power, as the relevant owner of restricted land, to give written consent to an application for a mining claim on the land.

Mineral Resources Act 1989 51(2) 27/04/2016dd/month/2017

OM003418Amended-OM00xxxx

Chief Executive Officer Power, as the owner of land that is affected by an application for a mining claim, to make a written request to the chief executive for a conference.

Mineral Resources Act 1989 65(1)(a) 27/04/2016dd/month/2017

OM003418Amended-OM00xxxx

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DELEGATIONS FROM COUNCIL TO THE CHIEF EXECUTIVE OFFICER or MAYORWhere Power peviously delegated to Council under Legislation

DELEGATEEmployee Title or

Contractor

DESCRIPTION OF POWER DELEGATED LEGISLATION SECTION & SUB-SECTION

DATE of DELEGATION

RESOLUTION NUMBER

CONDITIONS to which the delegation is subject & NOTES

Workers’ Compensation and Rehabilitation Act 2003

#

Chief Executive Officer Power, as a self-insurer, to lodge security with the Regulator before the issue or renewal of a self-insurer licence.

Workers’ Compensation and Rehabilitation Act 2003

84 27/04/2016dd/month/2017

OM003418Amended-OM00xxxx

Chief Executive Officer Power, as a former self-insurer, to request the return of the balance of the section 84 security from the Regulator.

Workers’ Compensation and Rehabilitation Act 2003

103 27/04/2016dd/month/2017

OM003418Amended-OM00xxxx

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 54

11.1.5 REGISTER OF CONTACT WITH A LOBBYIST Date: 24 April 2017 Author: Denis Carr, Manager Governance & Risk File No: Letter No: Attachment: Register of Contact with Lobbyists Minute No: OM003767

Resolution: That Council receive the Register of Contact with a Lobbyist report as at 31 March 2017. Moved: Cr Semple Seconded: Cr Boyce Carried

Report Under the Integrity Act 2009 Council must keep a register of contact with a lobbyist for Councillors & applicable Staff. From time to time, the Integrity Commission requests a copy of this register for a particular month. Also Council is required to advise of any contact by Councillors or applicable staff with an unregistered lobbyist as soon as practicable. This report has also been presented to Council Executive Management Team for their information and/or comment.

Considerations 1. Corporate Plan

Reference 1.1.l 2. Policy and Legal Implications

Required under Integrity Act 2009 Consistent with the Principles under the Local Government Act 2009

3. Financial and Resource Implications

Minimal financial and moderate staff resources required. 4. Risk Assessment

No apparent risk with complying with legislation.

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 55

11.1.6 COUNCILLORS EXPENSES REIMBURSEMENT POLICY Date: 28 April 2017 Author: Denis Carr, Manager Governance & Risk File No: Letter No: Attachment: Councillors Expenses Reimbursement Policy Minute No: OM003768

NOTE: Under section 252 of the Local Government Regulation 2012, Council cannot close the

meeting when considering the Councillors Expenses Reimbursement Policy or any amendments.

Resolution: That the attached amended Councillors Expenses Reimbursement Policy be adopted. Moved: Cr Middleton Seconded: Cr Snell Carried

Report The DILGP Bulletin 8/16 forwarded to Council by the Department recommended that Council adopt a Legal Representation for Councillors and Employees Policy based on the Western Australia policy. Under the Queensland Local Government Regulations, all reimbursements to Councillors must be dealt with under the Councillors Expenses Reimbursement Policy. King and Co Solicitors have advised that Council not adopt the Western Australia model however they have advised that Council amend the current Councillors Expenses Reimbursement Policy as follows. Delete

Insurance cover

Councillors will be covered under relevant Council insurance policies while discharging civic duties.

Specifically, insurance cover will be provided for public liability, professional indemnity, Councillors liability and personal accident. Professional Indemnity

Council has included Councillors under its Professional Indemnity policy (Local Government Mutual –LGM).

Insert

Insurance cover

Councillors will be covered under relevant Council insurance policies while discharging civic duties.

Specifically, insurance cover will be provided for public liability, professional indemnity, workers compensation, Councillors and officers’ liability and personal accident.

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Banana Shire Council – Minutes of Ordinary Meeting – 24 May 2017 Page 56

Public Liability and Professional Indemnity

Councillors are included under Council’s Public Liability and Professional Indemnity policy (Local Government Mutual –LGM). Any deductible payable as a consequence of a claim made pursuant to this policy will be paid by Council.

Councillors and Officers Liability

Council has effected separate Councillors and Officers Liability Insurance on behalf of Councillors. If Councillors wish to take the benefit of this insurance, Councillors must: -

in the event that a claim is made, first notify the CEO (or his/her delegate) of the existence and circumstances of the claim; and

thereafter allow management of the claim (e.g. engagement of lawyers etc) to be handled by Council’s Claims Managers (currently Jardine Lloyd Thompson Ltd) and/or the insurer.

Any deductible payable as a consequence of a claim made pursuant to this policy: -

will be paid by Council, so long as the Councillor complies with the requirements above; or

otherwise, must be paid by the Councillor. I recommend that Council adopt this revised policy. Considerations 1. Corporate Plan

Complies with 1.2.1 a 2. Policy and Legal Implications

No apparent legal implications with adoption of these policies. 3. Financial and Resource Implications

No additional financial implications or resource requirements. 4. Risk Assessment

No apparent risks with adoption.’

General Business – Executive Services Cr Leo referred to a recent discussion in relation to the need to review Council’s “Wish List” for projects in the Shire. CEO advised he would table the matter at a Workshop following the adoption of the 2017/18 Budget. Cr Leo asked can our “Wish List” include Community Projects as well as Council Projects and the CEO advised yes.

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Banana Shire Council XXX-XX-XX-XXX Banana Shire Council Policy Page 1 of 12 Document Version: XX/XX/XXXX

BANANA SHIRE COUNCIL

Policy

TITLE COUNCILLORS EXPENSES REIMBURSEMENT POLICY

POLICY NUMBER 19

COUNCIL FUNCTION ADMINISTRATION, EXECUTIVE AND GOVERNANCE

RESPONSIBLE DEPARTMENT EXECUTIVE

LEGISLATION Local Government Regulation 2012 Section 244 (3) (a) & 249 to 252

ADOPTED 22 July 2009 Ordinary Meeting Minute No. OM000592

REVIEWED/AMENDED

23 March 2011 Ordinary Meeting Minute No. OM001327 26 September 2012 Ordinary Meeting Minute No OM002044 26 June 2013 Ordinary Meeting - Minute OM002397 25 June 2014 Ordinary Meeting – Minute OM002808 23 November 2016 Ordinary Meeting – Minute OM003620 24 May 2017 Ordinary Meeting - Minute OM003768

NEXT REVIEW DUE August 2020

SCOPE

All Councillors, including the Mayor, of Banana Shire Council.

OBJECTIVE

To:

a. set the parameters to authorise payments to councillors for reasonable expenses incurred, or to be incurred, for discharging their duties and responsibilities as Councillors, and

b. provide for the facilities that are to be provided to councillors for the purpose of discharging their civic duties, having regard to local circumstances.

POLICY STATEMENT

This policy authorises the:

Payment of reasonable expenses incurred, or to be incurred, by Councillors; and

Provision of facilities, including administrative support staff, to assist Councillors in discharging their duties and responsibilities.

STATEMENT OF PRINCIPLES

Council has formulated this policy in line with the following core principles and the provisions of the Local Government Act 2009 and the Local Government Regulation 2012.

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Key Principles

1. The use of public money in the public interest by responsible budgeting and accounting.

2. Fair and reasonable allocation of Council resources (allowances, facilities and other benefits) to enable councillors to conduct the duties of their office.

3. Transparent decision making by public disclosure of policy and resolutions; and

4. Accountability for expenditure and use of facilities through full justification and acquittal.

DEFINITIONS

CEO, Chief Executive Officer

Chief Executive Officer of Banana Shire Council

Council

Banana Shire Council

Council Business

Activities conducted on behalf of Council where a Councillor is required to undertake certain tasks to satisfy legislative requirements, perform ceremonial activities, or achieve business objectives of the Council. Council business should result in a benefit being achieved either for the local government and/or the local community.

This includes:

Preparing for, attending and participating in Council meetings, committee meetings, workshops, deputations and inspections;

Attending conferences of local government industry associations of professional bodies (e.g. LGAQ),

Attending civic ceremonies and community events such as representing Council at Anzac Day ceremonies or opening a school fete, where they have been formally invited in their capacity as Councillor to undertake the official duty;

Attending public meetings, annual meetings or presentation dinners where invited as a Councillor;

Attending meeting of community groups (e.g. Scout Associations, Progress Associations, etc) where invited to speak about Council programs or initiatives;

Private meetings with constituents (residents, ratepayers, community groups, developers, etc) where arranged through official Council channels and details of discussions are documented in official records or diaries.

Note: Attending or participating in a community event, community group, or being a representative on a board as a community member is not regarded as ‘Official Council Business’.

Council Vehicle

Any vehicle, owned, leased or hired by Council, or otherwise under Council’s control, is classed as a Council Vehicle.

Councillors

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Includes the Mayor, Deputy Mayor and other Councillors of Banana Shire Council unless the text of the paragraph indicates otherwise.

Expenses

Costs reasonably incurred, or to be incurred, in connection with Councillors discharging their duties. The expenses may be either reimbursed to Councillors or paid direct by Council for something that is deemed a necessary cost or charge. Expenses are not included as part of a Councillor’s remuneration.

Facilities

Facilities provided to Councillors that are the ‘tools of trade’ and required to enable them to perform their duties with relative ease and at a standard appropriate to fulfil the community expectations for their role.

IT

The Information Technology section of Banana Shire Council.

LGAQ

Local Government Association of Queensland Mandatory Professional Development

Where a Councillor is required by a State Government directive or a Council policy or resolution to attend.

Private Use of a Council Vehicle

Use of a Council Vehicle for other than official Council business is Private Use of a Council Vehicle.

Private Vehicle Usage

Use of any vehicle, other than a Vehicle owned, hired or leased by Council, is regarded as Private Vehicle Usage.

Professional Development

Encompasses all types of facilitated learning opportunities for example, training provided by a Government Department (e.g. Department of Local Government), or Industry Body (e.g. LGAQ.

Reasonable

Council must make sound judgements and consider what is prudent, responsible and acceptable to the community when determining reasonable levels of facilities and expenditure.

POLICY LIMITATIONS

This policy deals with reimbursement of expenses or provision of a facility to Councillors, but does not apply to:

The conduct of Civic Functions; or

The remuneration of Councillors.

POLICY

GENERAL ENTITLEMENT

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Councillors are entitled to be:

Reimbursed for expenses incurred in representing Council, and

Provided with facilities to assist them in undertaking their duties, as described below.

PROFESSIONAL DEVELOPMENT

Council encourages Councillors to undertake relevant professional development and will reimburses expenses incurred for:

Mandatory professional development, and

Discretionary professional development deemed essential for the Councillor’s role. Mandatory Professional Development

Council will reimburse expenses for attendance and will pay for or reimburse Councillors for all associated reasonable costs (including registration, travel, accommodation, meals etc) at the following:

Mandatory training courses or workshops for skill development related to a Councillor’s role or portfolio; or

Regional, State or National Local Government associated conferences, symposiums, workshops and training courses.

Note: Wherever possible, registrations should be made in sufficient time to take advantage of any ‘early bird’ discounts.

Discretionary Professional Development

Where a Councillor identifies the need to attend a conference, workshop or training to improve skills relevant to their role as a Councillor, other than mandatory professional development as above, the Councillor may request Council’s approval to attend.

Each Councillor is allocated a maximum of $5,000 per term towards registration, travel, accommodation and other costs for Discretionary Professional Development.

PAYMENT OF EXPENSES

Expenses will be paid directly by Council or reimbursed to a Councillor, as applicable, through administrative processes approved by the Chief Executive Officer subject to the limits outlined in this policy.

TRAVEL

Travel is to be approved either by resolution of council or by the Mayor and Chief Executive Officer or by the Chief Executive Officer.

Council will reimburse travel expenses deemed necessary to achieve the business of Council where:

1. A Councillor is an official representative of Council; and/or

2. The activity / event has been endorsed by Council by resolution or policy.

Councillors are required to travel the most direct route, using the most economical and efficient mode of transport. Parking and Tolls

Council will reimburse parking costs and toll fees incurred by Councillors while attending to official Council business.

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A tax invoice or parking ticket, or copy, is required for reimbursement. Traffic Fines

Any traffic, parking or similar fines incurred while travelling in Council owned vehicles or privately owned vehicles, when attending to Council business, will be the responsibility of the Councillor incurring the fine and will not be reimbursed by Council.

Travel Arrangements

All Councillor travel arrangements authorised by this or other policy or by Council, are to be arranged and paid for by Council where feasible. Economy class is to be used where possible although business class may be approved in certain circumstances (e.g. where the duration of the flight exceeds 8 hours). Excess baggage will be at the Councillor’s expenses unless otherwise approved.

Airline

Airline tickets will not be transferable and will only be procured for the Councillor’s travel on Council business. They will not be used to offset other unapproved expenses. (e.g. cost of partner or spouse accompanying the Councillor)

Flybuys and other incentives are not to be personally accepted by a Councillor or other person. (Council may take advantage of any discounts etc.)

Travel Insurance

Travel Insurance is payable by Council to cover Councillors travelling for official Council business.

Private Costs (Passports etc)

Councillors will personally be responsible for all private costs (e.g. applying for or renewing their passports and obtaining visas).

Private Vehicle Usage

1 Councillor’s private vehicle usage will be reimbursed at the Australian Taxation Office rate (cents per kilometre) if:

a. A Council vehicle is not available for use by the Councillor (or it is impracticable to use a Council vehicle) subject to:

The claim for kilometres is substantiated by log book or other suitable records kept by the Councillor that records the purpose of each Council related trip; and

Total travel claim does not exceed the cost of the same travel using economy flights plus the cost of taxi transfers.

2 If a Council vehicle is available, but a Councillor elects to use a private vehicle for Council approved business,

Council will reimburse fuel costs upon production of a fuel tax invoice. (Council’s plant fleet manager may be requested to estimate the amount of fuel consumed for each trip).

Note: A private vehicle used for Council business will not be covered by Council’s Comprehensive Insurance. It is the Councillor’s personal responsibility to ensure that the owner’s comprehensive insurance cover or other cover applies in these circumstances.

ACCOMMODATION

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Councillors are entitled to stay at motel/hotel accommodation (3 or 4 star) when it is considered necessary to attend Council business, or where it is not practical for the Councillor to return home for the night.

When attending conferences or workshops, accommodation will be booked and paid by Council. Where practical and economical, advantage is to be taken of any package provided by conference organisers. Note: Request for accommodation should be made in sufficient time to take advantage of discounts and gain access to the widest range of accommodation options where possible.

INCIDENTAL ALLOWANCE

Council will pay the following incidental allowance to cover additional cost (phone calls, newspapers, laundry / dry cleaning, etc) incurred when Councillors are required to stay away from home overnight for official Council business:

$20.00 per day.

MEALS

Council will reimbursed Councillors for the cost of meals when travelling or attending to Council business outside the Shire or within the Shire if it is not practical to return home due to Council related functions provided:

a. The Councillor incurs the cost personally; and

b. The meal was not provided:

As part of the registration costs of the activity / event; or

During a funded flight.

The following limits apply to the amount Council will reimburse for meals:

Breakfast $25.00

Lunch $25.00

Dinner $35.00

No expenses on alcohol will be reimbursed by Council.

A tax invoice, or copy, is required for reimbursement.

HOSPITALITY EXPENSES

Councillors may have occasion to incur hospitality expenses while conducting official Council business. Hospitality expenses incurred will typically take the form of meals, appropriate gifts and beverages including alcohol.

The maximum amount of hospitality expenses that may be reimbursed is:

$4,000 per annum for the Mayor, and

$500 per annum for Councillors.

A tax invoice or other satisfactory documentary proof, or copy, is required for reimbursement.

TRAVEL TRANSFER EXPENSES

Councillors will be reimbursed for travel transfer costs (e.g. taxi, rail, ferry, bus fare) associated with travelling for Council business.

A tax invoice, a transport ticket or other satisfactory documentary proof, or a copy, is required for reimbursement.

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PROVISION OF FACILITIES

Council will provide administrative tools and facilities as required to assist Councillors in their role.

All facilities provided to Councillors remain the property of Council and must be returned to Council when a Councillor’s term expires.

Council facilities including stationery are not to be used for personal or political purposes. Home Office

Council will provide Councillors with the following home office equipment in lieu of a permanent individual office to enable Councillors to carry out their role effectively:

Tablet or laptop computer or other necessary technology

Internet access

Printer or access to printer in Council’s Administration buildings

Stationery and consumables as required Secretarial Support

Secretarial Support will be provided in accordance with existing staff structure. Office Space and Meeting Room

Office space and a meeting room will be provided at the Biloela Council Administration Centre and at the Taroom and Moura offices for Councillors to utilise when working in these areas.

Meeting rooms will be required to be booked in advance to ensure availability. Office Administrative Tools

The following administrative tools will be provided to Councillors at Council’s Administration Centre and the Taroom and Moura offices on an as required basis to assist in their role:

Access to photocopier,

Access to facsimile machine,

Access to printer

Publications, and

Use of Council landline telephone. Council Vehicle

1. Excluding take home basis, a council vehicle may be supplied to a Councillor, on an as required basis, for attending Council business at the discretion of the Chief Executive Officer at no cost to the Councillor.

2. In recognition of the duties required to be performed by the Mayor and the irregular hours required to attend Council, community and civic responsibilities, a Council vehicle may be supplied to the Mayor, on a take home basis for attending Council business subject to:

Council being reimbursed for Private Use. (See Private Use of a Council Vehicle below)

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3. A council vehicle may be supplied to a Councillor, excluding the Mayor, on a take home basis for attending Council business at the discretion of the Chief Executive Officer subject to:

The cost being less than, or comparable, with the Councillor being reimbursed for utilising Councillor’s own transport, or

The supply of a Council vehicle being advantageous for some other relevant reason.

Council being reimbursed for any Private Use. (See Private Use of a Council Vehicle below)

Private Use of a Council Vehicle

Council is to be reimbursed for any Private Use of a Council Vehicle.

Council is to be advised of any Private Use of a Council Vehicle on a monthly basis.

Such usage is to be charged by issue of a debtors invoice within 30 days of Council being advised of such usage.

Ad hoc usage

For occasional ad hoc Private Use of a Council Vehicle, Council is to be reimbursement in full at the Australian Taxation Office rate (cents per kilometre). Kilometres are to be recorded by log book kept by Council or other record suitable to Council.

Regular usage

For regular Private Use of a Council Vehicle, a Councillor may opt to either:

1 Reimburse Council at the Australian Taxation Office rate subject to

The kilometres being recorded by log book kept by Council or other record suitable to Council, that records the purpose and kilometres of each Council related trip and the distance and location of private usage.

or

2 Reimburse Council as a percentage of the running costs of the vehicle or vehicles subject to:

The kilometres being recorded by log book kept by Council or other record suitable to Council, that records the purpose and kilometres of each Council related trip and the distance and location of private usage, and

The percentage of the running cost being calculated based on kilometres travelled either:

Over the period of the Councillors usage advice (usually a month), or

On a set rate per month calculated on a representative period of 3 months.

Provided that the percentage rate will not be less than 5% of the Total Running Cost in either case.

Council’s Manager of Fleet is to calculate the Total Running Cost of relevant vehicles. Such Total Running Cost to be reviewed at least annually.

Other Administrative Tools

The following other administrative tools will be provided to Councillors on an as required basis:

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Name badges,

Necessary Personal Protective Safety equipment for use on official business (e.g. safety vests, safety boots, helmets).

Councillors are to observe the appropriate Work Health and Safety measures when at any workplace.

Internet Access

Councillors are required to have internet access to receive Council meeting agendas and communicate via email or other medium.

Council will supply:

Council Connected Internet – Internet access provided by a service in Council’s name and paid for by Council. This service is only to be used for business related to the Councillor’s role as a Councillor.

or

If suitable internet services is not available at the usual place of residence of a Councillor due to distance from the transmission network or other reason or it is more practicable for the Councillor to utilise the Councillor’s own internet access, after due consultation with Council’s IT, the Councillor may choose the following option in relation to internet access:

Councillor Personal Internet Connection – Internet access provided by a service in the Councillor’s name and paid for by the Councillor. Council will pay a internet connection allowance of $300 per annum.

Mobile Phone

Council will provide a mobile telephone to Councillors for official Council business.

Councillors may choose one of the following options in relations to the provision of a mobile phone:

Council Mobile Phone – Council provides the mobile phone and pays for all associated costs. Cost of any personal calls made must be reimbursed to Council.

Councillor Personal Mobile Phone – Councillor utilises a personally owned mobile phone and pays all associated costs. Council will pay a mobile phone allowance of $300 per annum.

Maintenance of any Council owned equipment

Council will be responsible for the ongoing maintenance and reasonable wear and tear costs of Council owned equipment that is supplied to Councillors for official business use.

This includes the replacement of any facilities that fall under Council’s asset replacement program.

Insurance cover

Councillors will be covered under relevant Council insurance policies while discharging civic duties.

Specifically, insurance cover will be provided for public liability, professional indemnity, workers compensation, Councillors and officers’ liability and personal accident. Public Liability and Professional Indemnity

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Councillors are included under Council’s Public Liability and Professional Indemnity policy (Local Government Mutual –LGM). Any deductible payable as a consequence of a claim made pursuant to this policy will be paid by Council.

Worker’s Compensation

Council has included Councillors in its Worker’s Compensation coverage (Local Government Self Insurance Scheme – LGW). That provides for a level of benefits substantially the same as for an employee of Council with the exception that elected members cannot bring a common law damages action against Council under the Worker’s Compensation & Rehabilitation Act 2003.

This Workers Compensation covers Councillors while they are engaged in official Council business.

This business would include, but is not limited to such activities as attending a Council meeting or workshop, representing Council at an official function, or attending activities at another Council or location that is relevant to their elected position.

In assessing benefits under this scheme the employment circumstances of any injured person is considered. Should the Councillor be self employed or undertake other work for any other employer, other than Council, and was incapacitated for one or more occupations then regard would also be made for the actual income loss and a rate of pay calculated in terms of the Act.

Councillors and Officers Liability

Council has effected separate Councillors and Officers Liability Insurance on behalf of Councillors. If Councillors wish to take the benefit of this insurance, Councillors must: -

in the event that a claim is made, first notify the CEO (or his/her delegate) of the existence and circumstances of the claim; and

thereafter allow management of the claim (e.g. engagement of lawyers etc) to be handled by Council’s Claims Managers (currently Jardine Lloyd Thompson Ltd) and/or the insurer.

Any deductible payable as a consequence of a claim made pursuant to this policy: -

will be paid by Council, so long as the Councillor complies with the requirements above; or

otherwise, must be paid by the Councillor. Note: Comprehensive Insurance - a private vehicle used for Council business will not be covered by Council’s Comprehensive Insurance. It is the Councillor’s personal responsibility to ensure that comprehensive insurance cover applies.

PERIOD OF ENTITLEMENT

Entitlement and reimbursements under this Policy commence with the commencement of the term of office for each Councillor and/or the adoption of amendments to the policy. All entitlements cease when a person ceases to be a Councillor of Banana Shire Council.

REVIEW OF POLICY

This policy will be reviewed when any of the following occur:

1. The related documents are amended or replaced.

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2. Other circumstances as determined from time to time by a resolution of Council

Notwithstanding the above, this policy is to be reviewed within six (6) months of each quadrennial election.

PROCEDURE

Mandatory Professional Development

Notification of Mandatory Professional Development function will be forwarded to Councillors with as much notice prior to the event as reasonably possible.

Discretionary Professional Development

Applications by Councillors for approval to attend Discretionary Professional Development functions are to be submitted to the Chief Executive Officer, with as much notice prior to the event as reasonably possible, in the form approved by the Chief Executive Officer.

Applications for Registration

Applications for registration at approved functions, accommodation and travel arrangements are to be submitted to the Chief Executive Officer, with as much notice prior to the event as reasonably possible, in the form approved by the Chief Executive Officer.

Internet Allowance

Councillors are to consult with Council’s IT section if a Council provided internet connection is not practicable at the Councillors usual place of residence. Subject to this consultation, the Councillor’s Personal Internet Connection may be utilised.

Councillor is to be reimbursed the Internet Allowance monthly if applicable. Mobile Phone Allowance

Councillor is to advise of preference for:

1 Council Mobile Phone. or

2 Councillor Personal Mobile Phone and payment of the mobile phone allowance.

Councillor is to be reimbursed Mobile Phone Allowance monthly if applicable.

Incidental Allowance

Claims for Incidental Allowance are to be submitted, in the form approved by the Chief Executive Officer, for reimbursement as soon as practicable, but within 2 months of the relevant date or dates for inclusion in the next monthly reimbursement process.

Travel Expenses

Claims for Travel expenses are to be submitted, in the form approved by the Chief Executive Officer, for reimbursement as soon as practicable, but within 2 months of incurring the expense for inclusion in the next monthly reimbursement process.

Out of Pocket Expenses

Claims for reimbursement of Out of Pocket expenses are to be submitted, in the form approved by the Chief Executive Officer, for reimbursement as soon as practicable but within 2 months of incurring the expense for inclusion in the next monthly reimbursement process.

Originals or copies of the relevant tax invoices or other satisfactory documentary proof is to be provided.

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Private Use of a Council Vehicle

Where relevant, the Chief Executive Officer is to be advised of any Private Use of a Council Vehicle as soon as practicable but within one month of the usage to facilitate reimbursement to Council.

CERTIFICATION

………………………………….. ………………………. CHIEF EXECUTIVE OFFICER DATE BANANA SHIRE COUNCIL

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8.2.1 RADF 2016-17 – INDIVIDUAL PROFESSIONAL DEVELOPMENT APRIL ROUND Date: 16 May 2017 Author: Shanna Muston: RADF Liaison Officer File ID: RADF: 2455 Letter ID: Attachment: Minute No: OM003769

Resolution: That Council approve the funding recommendation as follows: 1. Applicant – Melita Lyell Outcome - Recommended totalling $1000 2. Applicant – Banana Shire Council

Outcome - Recommended totalling up to $1500, with the option to increase if student applications are of a high quality and RADF funds remain available to administer.

Moved: Cr Leo Seconded: Cr Boyce Carried

Report One application was received for the April round of the 2016-17 Regional Arts Development Fund (RADF) Individual Professional Development Grants. One application was submitted by Banana Shire Council. Applications have been assessed by the RADF Assessment Panel via email correspondence and with a recommendation collated from panel responses. Two applications are recommended for funding at a total amount of $2500.

Applicant & Funding Category

Purpose of Grant Requested Recommendation

Melita Lyell Individual Professional Development Grant

Cooee Bay Workshop To attend the 10 day Cooee Bay Workshop, Yeppoon. Tutored by Anneke Silver, the workshop helps participants to enhance their skills and learn in a studio environment.

$1000 Application recommended at a total of $1000

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Applicant & Funding Category

Purpose of Grant Requested Recommendation

Banana Shire Council Individual Professional Development Grant

ARTiZ Public To sponsor up to two local students in grade 10-12 to attend the ARTiZ Public program. The program is facilitated by Flying Arts for youth to meet like-minded students, learn skills, and begin identifying future career opportunities in the creative arts. An application process will take place to select the students.

$1000

Recommended totalling up to $1500, with the option to increase if student applications are of a high quality and RADF funds remain available to administer.

Cr Boyce and Cr Leo are Council’s representative on the RADF Assessment Panel.

Considerations 1. Corporate Plan

2.1(a) Develop partnerships and relationships with the community, business and government. 2.1(c) Encourage healthy and happy communities through provision, encouragement or support of a range of wellbeing services and facilities including community resources, arts and culture, recreation and sport, commemorations, communication facilities, festivities and events.

2. Policy and Legal Implications

NIL

3. Financial and Resource Implications

2016-17 RADF Funding Summary

Item Budget

BSC Initiated Project (Modern Pioneers) 5446

Individual Professional Development Grants 8000

Community Project Grants 20,168

Returned Funds 432

Total Funding Available 34046

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Individual Funding Summary Community Project Grants Funding Summary

Funding Round Grants Administered

Funding Round Grants Administered

Round 1/2 Sep/Oct 2016

Round 1 11,517

Round 3 Nov 2016 Round 2

Round 4 Jan 2017 Round 3 (closes 31 May 2017)

Round 5 Feb 2017 Funding Remaining 8651

Round 6 March 2017

Round 7 April 2017 2500 (proposed)

Round 8 May 2017

Round 9 June 2017

Funding Remaining 5500

4. Risk Assessment NIL

12.0 Close of Meeting Meeting closed at 10.55am. To be confirmed at 28 June 2017 Ordinary Meeting.

__________________________ _______________________________ MAYOR CHIEF EXECUTIVE OFFICER