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ORDINARY COUNCIL MEETING AGENDA – 20 AUGUST 2015 WEST WIMMERA SHIRE COUNCIL

ORDINARY COUNCIL MEETING AGENDA

Mission Statement: West Wimmera Shire Council will work in partnership with the community, business and government to develop and enhance a productive, healthy and safe

community by providing leadership, services, advocacy and good governance

TO BE HELD: Thursday 20 August 2015

LOCATION: Edenhope Council Chamber

COMMENCEMENT: 7.30pm

REQUIRED TO ATTEND:

Councillors Senior Management Group

Annette Jones, Mayor

Ron Hawkins

Bruce Meyer

Richard Wait

Warren Wait

Mark Crouch Chief Executive Officer (CEO)

Venkat Peteti General Manager Corporate & Community Services (GMCCS)

Robyn Evans General Manager Infrastructure Development & Works (GMIDW)

Council Officers

Members of the Gallery are advised that the following Local Law applies to this meeting: West Wimmera Shire Council Local Law No.7, 2012 38. Gallery to be silent (1) Any member of the public addressing the Council or in attendance in the gallery must extend due

courtesy and respect to the Council and the processes under which it operates (2) Visitors must not interject or take part in the debate and must take direction from the Chairperson

whenever called upon to do so.

Vision Statement: West Wimmera Shire delivers the very best experience and opportunity that rural living has to offer


TABLE OF CONTENTS 1.0 WELCOME ........................................................................................................................ 5

2.0 OPENING PRAYER.......................................................................................................... 5

3.0 APOLOGIES, LEAVE OF ABSENCE, DECLARATION OF CONFLICT OF INTEREST...................................................................................................................................... 5

3.1 APOLOGIES 5

3.2 LEAVE OF ABSENCE 5

3.3 DECLARATION OF CONFLICT OF INTEREST 5

4.0 QUESTIONS FROM THE GALLERY (maximum of 30 minutes) .............................. 6

4.1 WRITTEN QUESTIONS ON NOTICE 6

4.2 VERBAL QUESTIONS WITHOUT NOTICE 7

5.0 DELEGATES REPORTS (FOR INFORMATION ONLY) AS LISTED IN THE COUNCIL KEPT COUNCILLOR DIARY................................................................................. 7

5.1 MAYOR, ANNETTE JONES 7

5.2 COUNCILLOR RON HAWKINS 8

5.3 COUNCILLOR BRUCE MEYER 8

5.4 COUNCILLOR RICHARD WAIT 8

5.5 COUNCILLOR WARREN WAIT 8

5.6 MARK CROUCH (CHIEF EXECUTIVE OFFICER) 9

6.0 CONDOLENCES ............................................................................................................... 9

7.0 CONFIRMATION OF MINUTES FROM PREVIOUS MEETING .......................... 10

8.0 BUSINESS ARISING FROM PREVIOUS MINUTES ................................................ 10

9.0 NOTICES OF MOTION ................................................................................................. 10

9.1 NOTICE OF MOTION 2015/05 – CR WARREN WAIT – 127 ELIZABETH STREET, EDENHOPE 10

10.0 COMMITTEE RECOMMENDATIONS AND ASSEMBLY OF COUNCILLORS RECORD ...................................................................................................................................... 11


10.1 GENERAL COMMITTEE 11

10.2 ASSEMBLY OF COUNCILLORS 15

10.3 SPECIAL MEETING OF COUNCIL – FURTHER REVIEW OF ADOPTED BUDGET 2015-2016 15

10.4 WEST WIMMERA TOURISM ADVISORY COMMITTEE 15

11.0 DEPUTATIONS AND PETITIONS ............................................................................... 15

12.0 CHIEF EXECUTIVE OFFICER AND GOVERNANCE ............................................ 16

12.1 MAGEPPA SOLDIER SETTLEMENT AT POOLAIJELO – REQUEST FOR FINANCIAL SUPPORT TO INSTALL COMMEMORATIVE PLAQUE 16

12.2 UNCONVENTIONAL GAS EXPLORATION IN VICTORIA 19

12.3 LOCAL GOVERNMENT RATES CAPPING – ESSENTIAL SERVICES COMMISSION (ESC) DRAFT REPORTS RELEASE – VOLUMES I AND II 22

13.0 INFRASTRUCTURE DEVELOPMENT AND WORKS ............................................ 27

13.1 PETER FRANCIS HONNER- SECTION 173 AGREEMENT 27

13.2 REQUEST TO PURCHASE UNUSED ROAD: TALLAGEIRA 29

13.3 COUNTRY FIRE AUTHORITY (CFA) STANDARD REFERRAL AGREEMENTS: MEMORANDUM OF UNDERSTANDING 32

13.4 REAR LANE ACCESS CRANAGE LANE TO 79-87 ELIZABETH STREET, EDENHOPE 34

13.5 LAND REZONING – MIGA LAKE & GYMBOWEN 38

14.0 CORPORATE AND COMMUNITY SERVICES ........................................................ 42

14.1 WEST WIMMERA SHIRE – YOUTH COUNCIL 42

14.2 REGIONAL JOBS & INFRASTRUCTURE FUND (RJIF) – PRIORITY PROJECT LIST FOR WEST WIMMERA SHIRE COUNCIL 46

15.0 LATE ITEMS OF BUSINESS ........................................................................................ 50

15.1 ROADS TO RECOVERY ADDITIONAL FUNDING 2015-2019 50

16.0 SEALING SCHEDULE ................................................................................................... 50


17.0 CONFIDENTIAL (PURSUANT TO SECTION 89 LGA 89) ...................................... 50


1.0 WELCOME

2.0 OPENING PRAYER

Almighty God, we humbly ask your blessing upon this Council. Guide and prosper our decisions to the advancement of Your Glory and the true welfare of the people of West Wimmera Shire.

3.0 APOLOGIES, LEAVE OF ABSENCE, DECLARATION OF CONFLICT

OF INTEREST

3.1 APOLOGIES

3.2 LEAVE OF ABSENCE

3.3 DECLARATION OF CONFLICT OF INTEREST All councillors have a personal responsibility to ensure they are aware of the provisions mandated in the Local Government Act 1989 with regard Conflict of Interest disclosures. The Conflict of Interest – A Guide for Councillors (October 2012) has been made available to all Councillors in hard copy form and is available via Docs On Tap.


4.0 QUESTIONS FROM THE GALLERY (maximum of 30 minutes)

4.1 WRITTEN QUESTIONS ON NOTICE Questions on Notice are to be submitted to Council no later than the Monday prior to the relevant Council Meeting. The template for Questions on Notice is available from the Edenhope and Kaniva Council offices, and from the Shire’s website.

QUESTION FROM MR ANDREW FARRAN RE LAKE WALLACE

Recalling my questions from the Gallery on 21 May 2015 as follows:

• Can Council make up its mind regarding what it wants in relation to filling Lake Wallace?

• What will Council say to the Victorian State Govt if it asks what we want? • What is WWSC’s clear proposal?

and recalling further Cr Meyer's response as follows:

That GWM Water is responsible for the water in the Lake. Mode of delivery of additional water would be by pipeline. Water would come from Rocklands Reservoir. Council has had meetings and discussions with GWM Water. Council is again meeting with GWM Water on 18 June 2015 to discuss further.

I now ask further:

a) What was the outcome of Council’s discussion with GWM Water on 18 June and since?

b) Does Council have a clear position on the replenishment of the Lake, given the lake’s recreational and tourist significance, its social and welfare benefits, and the future importance of a secure sustainable water supply to the town? If so, what is the Council’s position?

c) As Council appears to believe that "GWM is responsible for the water in the Lake" would it accept on the same basis that any failure by an external service provider critical to the welfare of the Shire is not the business or the concern of the Shire;

d) If Council does not accept that view what steps is it taking to formulate a coherent plan for the replenishment of the Lake which could be presented to relevant external authorities, in particular the State Govt. given that the Premier himself has already made a commitment in support of this objective subject to receiving a credible proposal from Council for its achievement?


4.2 VERBAL QUESTIONS WITHOUT NOTICE Time permitting, this section of the Agenda allows members of gallery to ask verbal questions of Councillors, through the Mayor. At all other times during the meeting, members of the gallery are required to be silent, pursuant to West Wimmera Shire Council Local Law No.7, 2012.

5.0 DELEGATES REPORTS (FOR INFORMATION ONLY) AS LISTED IN

THE COUNCIL KEPT COUNCILLOR DIARY

5.1 MAYOR, ANNETTE JONES

17/07/2015 Rural Living Campaign – Working Group Meeting 20/07/2015 CEO Mark Crouch 21/07/2015 Lost in the Bush Committee Meeting, Natimuk 22/07/2015 Kanagulk Landcare Group re Iluka/Douglas Mine planning matter 23/07/2015 Edenhope Mechanics Hall Future Directions Committee Meeting 23/07/2015 Iluka Mine at Douglas – Information Session 27/07/2015 CEO Mark Crouch 27/07/2015 Future of Public Transport in the Grampians, Horsham 31/07/2015 Wimmera Mayoral Gathering, Horsham 03/08/2015 Officially open Group Conference, Kaniva Country Women’s Association 04/08/2015 David Jones, Federal Government Drought Coordinator 04/08/2015 Lost in the Bush Committee Meeting, Natimuk 05/08/2015 ABC Radio interview re Lost in the Bush 2015 05/08/2015 CEO Mark Crouch 06/08/2015 Roads to Recovery Meeting with Infrastructure Development & Works 06/08/2015 WWSC Budget Report consideration 06/08/2015 Roads to Recovery Internal Workshop 06/08/2015 Councillor Forum 07/08/2015 Grampians Waste & Resource Recovery Group Meeting, Kaniva 10/08/2015 Wimmera Mallee Sustainability Alliance Meeting, Horsham 10/08/2015 CEO Mark Crouch 13/08/2015 MAV Rural & Regional Forum for Mayors and CEOs, Melbourne 15/08/2015 Lost in the Bush Weekend 2015 16/08/2015 Lost in the Bush Weekend 2015 17/08/2015 CEO Mark Crouch 19/08/2015 Delegation to Roads Minister Luke Donnellan, Melbourne 20/08/2015 Council Meetings, Edenhope


5.2 COUNCILLOR RON HAWKINS

20/07/2015 West Wimmera Municipal Emergency Management Planning Meeting 20/07/2015 MEMP Relief & Recovery Exercise 21/07/2015 Bendigo Bank re Edenhope Mechanics Hall redevelopment 22/07/2015 Kanagulk Landcare Group re Iluka/Douglas Mine planning matter 31/07/2015 Wimmera Southern Mallee Regional Transport Group Meeting 03/08/2015 Sheepvention, Hamilton 06/08/2015 WWSC Budget Report consideration 06/08/2015 Roads to Recovery Internal Workshop 06/08/2015 Councillor Forum 19/08/2015 Delegation to Roads Minister Luke Donnellan, Melbourne 20/08/2015 Council Meetings, Edenhope

5.3 COUNCILLOR BRUCE MEYER

06/08/2015 WWSC Budget Report consideration 06/08/2015 Roads to Recovery Internal Workshop 06/08/2015 Councillor Forum 11/08/2015 Kaniva Sporting Complex Committee Meeting 19/08/2015 Delegation to Roads Minister Luke Donnellan, Melbourne 20/08/2015 Council Meetings, Edenhope

5.4 COUNCILLOR RICHARD WAIT

21/07/2015 Wimmera Mallee Tourism Meeting, Hindmarsh Shire 22/07/2015 Kanagulk Landcare Group re Iluka/Douglas Mine planning matter 31/07/2015 Wimmera Southern Mallee Regional Transport Group Meeting 03/08/2015 West Wimmera Shire Council Tourism Advisory Committee Meeting 04/08/2015 Dorodong Public Hall Committee Meeting to elect new committee 06/08/2015 WWSC Budget Report consideration 06/08/2015 Roads to Recovery Internal Workshop 12/08/2015 Wimmera Mallee Tourism Wild West Trails Grant Meeting 19/08/2015 Delegation to Roads Minister Luke Donnellan, Melbourne 20/08/2015 Council Meetings, Edenhope

5.5 COUNCILLOR WARREN WAIT

06/08/2015 WWSC Budget Report consideration 06/08/2015 Roads to Recovery Internal Workshop 06/08/2015 Councillor Forum 11/08/2015 Wimmera Development Association Board Meeting, Horsham 19/08/2015 Delegation to Roads Minister Luke Donnellan, Melbourne 20/08/2015 Council Meetings, Edenhope


5.6 MARK CROUCH (CHIEF EXECUTIVE OFFICER)

17/07/2015 Rural Living Campaign – Working Group Meeting 20/07/2015 Mayor Annette Jones 21/07/2015 Post-Council Staff Briefing 21/07/2015 Wimmera Southern Mallee Agribanking Network Lunch, Horsham 21/07/2015 Bendigo Bank re Edenhope Mechanics Hall redevelopment 22/07/2015 Kanagulk Landcare Group re Iluka/Douglas Mine planning matter 23/07/2015 Edenhope Mechanics Hall Future Directions Committee Meeting 23/07/2015 Iluka Mine at Douglas – Information Session 24/07/2015 Mal Coutts, Rural & Remote Engagement (RARE) 27/07/2015 Mayor Annette Jones 28/07/2015 Regional Jobs & Infrastructure Fund Information Session, Ararat 03/08/2015 Venkat Peteti, General Manager Corporate & Community Services 05/07/2015 Edenhope Lakeside Tourist Park 05/07/2015 Venkat Peteti, General Manager Corporate & Community Services 05/07/2015 Senior Management Group Monthly Meeting 05/07/2015 Robyn Evans, General Manager Infrastructure Development & Works 05/07/2015 Mayor Annette Jones 05/07/2015 Harrow First XI 150th Commemorations Meeting, Harrow 06/08/2015 WWSC Budget Report consideration 06/08/2015 Roads to Recovery Internal Workshop 06/08/2015 Councillor Forum 07/08/2015 LGPro CEO Forum, Melbourne 10/08/2015 Simon Smith, Crowe Horwath re internal audit 10/08/2015 Mayor Annette Jones 11/08/2015 Senior Management Group re agenda review 11/08/2015 Wimmera Development Association Board Meeting, Horsham 12/08/2015 Kellie Jordan, Manager Economic & Business Development 13/08/2015 MAV Rural & Regional Forum for Mayors and CEOs, Melbourne 13/08/2015 Wimmera Regional CEOs Meeting, Melbourne 17/08/2015 Mayor Annette Jones 17/08/2015 Heidi Gajic, Communications Officer 19/08/2015 Wimmera HACC Project discussions with Health Alliance Group 20/08/2015 Council Meetings, Edenhope

6.0 CONDOLENCES


7.0 CONFIRMATION OF MINUTES FROM PREVIOUS MEETING

RECOMMENDATION:

That the Minutes of the Ordinary Meeting of Council held on Thursday 16 July 2015, be taken as an accurate record and confirmed.

8.0 BUSINESS ARISING FROM PREVIOUS MINUTES

9.0 NOTICES OF MOTION

9.1 NOTICE OF MOTION 2015/05 – CR WARREN WAIT – 127 ELIZABETH

STREET, EDENHOPE

That Council’s resolution of Ordinary Council Meeting 16 July 2015 “That the application to remove the Flowering Gum tree situation on the roadway adjacent 127 Elizabeth Street Edenhope not be approved by Council“ be rescinded.

AND

That a new motion be put:

1. That Council allow the application to remove the Flowering Gum adjacent 127 Elizabeth Street, Edenhope, conditional that:

2. The cost of the removal, including the removal of the stump, be borne by the applicant, and

The applicant pays for a replacement plant; the species as nominated and planted by the Council, to be suitably sited mid way street frontage of the residential component of the development block

CEO Comment: Nil

Attachments:

No. Name RecFind Ref 9.1.1 Notice of Motion 2015/05 – Cr W

Wait – Tree at 127 Elizabeth St, Edenhope

15/003508


10.0 COMMITTEE RECOMMENDATIONS AND ASSEMBLY OF

COUNCILLORS RECORD

10.1 GENERAL COMMITTEE

FOR DECISION

The resolutions arising from the General Committee Meeting held on Thursday 16 July 2015 are now required to be formally adopted by Council.

RECOMMENDATION: That the resolutions arising from the General Committee Meeting, being resolutions from the meeting held on Thursday 16 July 2015, as listed below, be adopted. 2.1.1 BIRD WATCH AREA – BACK SWAMP, EDENHOPE

Moved: Councillor Richard Wait

Seconded: Councillor Warren Wait

That West Wimmera Shire Council officers report to Council the responsibility of the Bird Watch area at the back swamp in Edenhope and present to Council a plan to move forward the cleanup and ongoing maintenance of the area.

Carried Unanimously

Officer Comment – GMIDW: Advice regarding the above has already been tabled – Received via email on 10 February 2015 and forwarded to all Councillors on the same day. RecFind ref: 15/000408.


2.2.1 HOUSE NUMBERING IN GOROKE

Moved: Councillor Warren Wait

Seconded: Councillor Richard Wait

That Council investigate the possibility of numbering the homes within Goroke.

Carried Unanimously

Officer Comment – GMIDW: There are 159 properties in Goroke, 813 across all 5 townships should Council wish to extend to all. Works Manager to provide costings for kerb markings (indent and fluorescent, durable paint)


2.2.2 PET CEMETERY

Moved: Councillor Warren Wait

Seconded: Councillor Ron Hawkins

That Council officers investigate the possibility of a Pet Cemetery within our Shire. Carried

For: Cr Warren Wait, Cr Hawkins, Cr Jones

Against: Cr Meyer, Cr Richard Wait

Officer Comment – CEO: Given the current level of high priority matters for this Council to address or progress, and the ongoing financial and resource challenges delivering on the Council Plan, there is a strong argument that allocating already scarce resources on investigating the possibility of a pet cemetery is counterproductive. With council facing challenges around its sustainability, minimum services, rates capping, financial assistance grants indexation freeze, loss of key State funding programs, a ‘resource hungry’ program of service reviews, and failure by Council to resource a number of key operational imperatives, Council focus and allocation of resources on possible pet cemeteries in the Shire cannot be supported. 2.3.1 REMOVAL PROVISIONS FOR REPLACING EXISTING FENCES

Moved: Councillor Ron Hawkins


That in view of the recent visit and public meeting with Field Officers from the Federal Department of the Environment and the Environment Protection and Biodiversity Conservation Act, Council again publicise the removal provisions required for replacing existing fences.

Carried Unanimously

Officer Comment – GMIDW: Planning Manager to provide State/Federal overview in next Council Community newsletter.


2.3.2 ROAD RUNNING NORTH OF LAKE BRINGALBERT

Moved: Councillor Ron Hawkins


That Council determine whose responsibility the road running north of Lake Bringalbert is. If it is not West Wimmera Shire Council, that Council approach the Department of Environment, Land, Water & Planning (DELWP) for urgent maintenance to this road.

Carried Unanimously

Officer Comment – GMIDW: The road in question has been confirmed with DELWP as Shire’s, Old Bringalbert Road. The Council Works Manager will investigate condition and maintenance grade as required and in accordance with the Shire Road Management Plan, and put up for consideration on the Capital Works unsealed sheeting program. 2.4.1 RADON READINGS AT DOUGLAS MINE SITE

Moved: Councillor Richard Wait

Seconded: Councillor Annette Jones

That Council write to Horsham Rural City Council and request clarification and verification of the Radon readings taken in and around the Douglas Mine site.

Carried Unanimously

Officer Comment – GMIDW: Correspondence has been forwarded to the Horsham Rural City Council. A verbal update will be provided on Council day.


10.2 ASSEMBLY OF COUNCILLORS

RECOMMENDATION:

That the Assembly of Councillors Record for the Councillor Forum held Thursday 6 August 2015 be received and noted.

10.3 SPECIAL MEETING OF COUNCIL – FURTHER REVIEW OF

ADOPTED BUDGET 2015-2016

RECOMMENDATION: That the Minutes of the Special Meeting of Council held on Thursday 9 July 2015, be taken as an accurate record and confirmed.

10.4 WEST WIMMERA TOURISM ADVISORY COMMITTEE

RECOMMENDATION:

That the Minutes of the West Wimmera Tourism Advisory Committee Meeting held Monday 3 August 2015 be received and noted. 11.0 DEPUTATIONS AND PETITIONS


12.0 CHIEF EXECUTIVE OFFICER AND GOVERNANCE

12.1 MAGEPPA SOLDIER SETTLEMENT AT POOLAIJELO – REQUEST

FOR FINANCIAL SUPPORT TO INSTALL COMMEMORATIVE

PLAQUE

FILE NUMBER: EN0008

REPORT AUTHOR: ELIZABETH MATUSCHKA, EXECUTIVE SUPPORT

OFFICER TO CHIEF EXECUTIVE OFFICER

FOR DECISION

Introduction Members of the Poolaijelo community have written to Council, requesting financial support for the installation of a commemorative plaque at the Mageppa Soldier Settlement. Background Ken Frost, Mark Treglown and Sally Scott wrote to Council on 25 June 2015, requesting financial support for the installation of a commemorative plaque at the Mageppa Soldier Settlement (copy attached). Receipt of the letter was acknowledged. Ken Frost and Mark Treglown are sons of soldier settlers, and Sally Scott is Secretary of the Poolaijelo Hall Committee. In their 25/06/2015 letter, they state:

- They are planning to erect a plaque to commemorate the six WW2 soldier settlers on the Mageppa Estate.

- The arrival of six additional families in 1952 made a considerable difference to the small community, and indirectly helped with the construction of the Poolaijelo Hall and a new school.

- The plaque would either be erected at the Hall, or in the corner of the only block to front the Casterton-Apsley Road. The first option is more feasible.

- At the time of writing, only one soldier settler was still alive.


Council staff then requested that quotes for the proposed plaque be obtained, so that Council could formally consider the request. On 23 July 2015, Ken Frost provided the following by email:

1. Quote from Mellor Monumental for a bronze plaque, dated 3 July 2015. 2. Quote from Mellor Monumental for a granite post, dated 23 July 2015. 3. Quote from South East Monuments and Memorials for two options, dated 21 July

2015. These quotes and their associated emails are attached to this report. Summary of options contained in quotes, and comments from Ken Frost: Provider Option Description Cost Comment from Ken

Frost Mellor Monumental

Bronze Plaque Bronze Plaque: 380mm x 280mm plaque

$650 Concerned plaque could be stolen, as has happened elsewhere. Obtaining stone from a local at no cost.

Mellor Monumental

Granite Post Black Granite Post Marker with Foundation Inscription in sandblast

$730 This would be ideal.

SE Monuments & Memorials

Bronze Plaque Bronze Plaque: 370mm x 200mm

$854 Concerned plaque could be stolen, as has happened elsewhere. Obtaining stone from a local at no cost.

SE Monuments & Memorials

Granite Block As seen in Edenhope cemetery in lawn section, inscribed as requested

$997 Not suitable, because stone is almost flat on the ground.

Risk Management Implications Not commented on. Legislative Implications Nil. Environmental Implications Not commented on.


Financial and Budgetary Implications Council could consider providing financial assistance from the Councillors Discretionary Fund. The total amount budgeted for 2015/2016 is $11,000.00. Policy and Council Plan Implications Not commented on. Communication Implications Not commented on. Conclusion Council receives numerous requests each year for sponsorship and financial assistance. This is the first request Council has received for a World War 2 Soldier Settlement plaque. OFFICER RECOMMENDATION:

That Council provide financial assistance of $500 towards the purchase of a suitable commemorative plaque at the Mageppa Soldier Settlement, and that this allocation is made from the Councillors’ Discretionary Fund.

Attachments:

No. Name RecFind Ref 12.1.1 Letter from Ken Frost, Mark

Treglown and Sally Scott re request for financial support, 25 Jun 2015

15/002867

12.1.2 Quote from Mellor Monumental for bronze plaque, 3 Jul 2015

15/002867

12.1.3 Quote from Mellor Monumental for granite post, and email from Ken Frost, 23 Jul 2015

15/002867

12.1.4 Quote from SE Monuments and Memorials dated 21 Jul 2015 and email from Ken Frost 23 Jul 2015

15/002867


12.2 UNCONVENTIONAL GAS EXPLORATION IN VICTORIA

FILE NUMBER: AD0121

REPORT AUTHOR: MARK CROUCH, CHIEF EXECUTIVE OFFICER

FOR DECISION Introduction To enable Council to consider a possible policy position in relation to unconventional gas exploration in Victoria. Background The matter of unconventional gas exploration was briefly discussed at a recent Councillors Forum, with a level of interest for the matter to be formally considered by Council. Unconventional gas refers to various types of onshore natural gas, including coal seam gas. Coal seam gas is extracted from underground coal seams often using hydraulic fracturing, commonly known as fracking. Coal seam gas is methane gas found in coal seams. It is odourless and colourless, and is not to be confused with Liquid Natural Gas (LNG) which is also known as conventional gas.

Hydraulic fracturing (fracking) is a technique that involves pumping a fluid consisting of water, sand and selected chemicals under high pressure into rock containing gas. The fluid creates narrow fractures in the rock and the sand grains hold the fracture open to provide a pathway for the gas to flow from the surroundings to the gas well for extraction. In hydraulic fracturing, cement and casing is used to isolate overlying intervals. Water, sand and selected chemicals are injected under high pressure. The mixture is forced through perforations and creates milimetre scale fractures in the rock.

The Victorian Government has launched a Parliamentary Inquiry into unconventional gas exploration and extraction. The Inquiry will hear from experts, review the scientific evidence and consult fully with the community. The hold, or moratorium, on new exploration licenses and tenements for onshore gas, hydraulic fracturing and exploration drilling will remain in place, pending the conduct of the Parliamentary Inquiry and subsequent Government Response. The Committee is required to report no later than 1 December 2015


Risk Management Implications See above and attached report. Legislative Implications

Regulations are in place that a hold or moratorium on new exploration licenses and tenements for onshore gas, hydraulic fracturing and exploration drilling will remain in place, pending the conduct of the Parliamentary Inquiry and subsequent Government Response.

Environmental Implications See agenda attachments that adequately cover various aspects and concerns around environmental implications. Financial and Budgetary Implications There are no clear direct financial implications on Council. Policy and Council Plan Implications Council has no policy with regard unconventional gas exploration. Communication Implications See attached - Report on Community and Stakeholder Attitudes to Onshore Natural Gas in Victoria – Prepared by the independent facilitator The Primary Agency – 20 April 2015. Conclusion The attached Municipal Association of Victoria (MAV) Submission to the inquiry into unconventional gas in Victoria details a State Council position that opposes any exploration and production of onshore unconventional gas in Victoria pending definitive evidence that:

• the social and environmental impacts of such activity will not be detrimental;

• there is an appropriate level of community support; and

• there is a robust, rigorous and best practice regulatory framework in place to ensure protection of the natural environment, local communities, rural industries and private property rights.


Various Council in Victoria have articulated opposition to onshore unconventional gas exploration and/or have supported continuation of the current State Government moratorium on this form of exploration.

OFFICER RECOMMENDATION: In relation to the Victoria Government Legislative Council Inquiry into Unconventional Gas in Victoria, and to the wider issue of unconventional gas exploration generally;

That Council adopt a policy position that West Wimmera Shire Council opposes any exploration and production of onshore unconventional gas in Victoria pending definitive evidence that:

• the social and environmental impacts of such activity will not be detrimental;

• there is an appropriate level of community support; and

• there is a robust, rigorous and best practice regulatory framework in place to ensure protection of the natural environment, local communities, rural industries and private property rights.

Attachments:

No. Name RecFind Ref 12.2.1 Parliament of Victoria Legislative

Council Standing Committee Environment and Planning – Inquiry into Unconventional Gas in Victoria - Including Terms of Reference

15/002416

12.2.2 Report on Community and Stakeholder Attitudes to Onshore Natural Gas in Victoria – Prepared by the independent facilitator The Primary Agency – 20 April 2015

15/002416

12.2.3 MAV submission – Legislative Council Inquiry into Unconventional Gas Exploration

15/002416


12.3 LOCAL GOVERNMENT RATES CAPPING – ESSENTIAL SERVICES

COMMISSION (ESC) DRAFT REPORTS RELEASE – VOLUMES I AND

II

FILE NUMBER: AD0006

REPORT AUTHOR: MARK CROUCH, CHIEF EXECUTIVE OFFICER

FOR DECISION Introduction To enable Council to consider the draft reports I and II released by the Essential Services Commission (ESC) in relation to the Victoria State Government legislation pertaining to Local Government Rates Capping. Background

In January 2015, the Essential Services Commission (ESC) received a terms of reference (TOR) from the Minister for Finance (in consultation with the Minister for Local Government) to conduct a review and report on a local government rates capping and variation framework.

The Commission has been tasked to inquire into and advise the Ministers on options and a recommended approach for a rates capping framework for implementation from the 2016-17 financial year. The Commission will also be required to provide advice on the processes and guidance to best give effect the recommended approach for the rates capping and variation framework. The Commission is required to complete its final report by 31 October 2015.

On 17 April 2015, the ESC released its Consultation Paper relating to this review. This paper outlined the review’s timelines and process, approach, and sought feedback from all interested parties on key matters for the review. Submissions to the Consultation Paper closed on 15 May 2015. The West Wimmera Shire Council lodged a submission on the consultation paper.

The ESC recently released the volumes 1 and 11 of the Draft Report, A blueprint for change. The report Volume 1 outlines the key design features of the Local Government Rates Capping and Variation framework.


The draft report details a number of recommendations:

1. One rate cap to apply equally to all councils in Victoria 2. The cap is to apply to general rates and the municipal charge and not to special

charges or service charges (but these other charges will be monitored and benchmarked)

3. The cap is to apply to the rates and charges paid by the “average” ratepayer (Total rate revenue divided by rateable properties at the start of the year)

4. Annual rate cap to be calculated as follows: (60% x CPI) + (40% x Wage Price Index) less (an efficiency factor). The efficiency factor is 0% in 2016-17 but increases by 0.05% each year until reviewed.

5. The 2015-16 adopted budget rates will be the starting base for the calculation 6. The discretion to apply for variation is at Councils discretion and can be for any

reason. 7. Variations must address 5 matters:

i. The reason a variation is required ii. The application takes into account ratepayers and communities views

iii. The variation represents good value-for-money and is an efficient response to the budgeting need

iv. Service priorities and funding options have been considered v. The proposal is integrated into Councils long-term strategy

8. Variations will only be allowed for one year in 2016-17, up to two years in 2017-18, up to three years in 2018-19 and up to four years beyond that.

9. The ESC will be the decision maker with the power to accept or reject and not to vary an application.

10. The ESC to publish an annual rates report on councils adherence to the cap and any approved variations

11. The ESC to publish an annual monitoring report on the overall outcomes for ratepayers and the communities.

The ESC has also recommended that the government consider making the review of the rates capping and variation framework a statutory obligation to be completed every 4 years. It also recommends that the Local Government Act 1989 be amended to require service rates and charges to reflect the efficient cost of providing the underlying service, and that there is a periodic review of any statutory charges.

The framework has been designed to meet the Government’s commitment to cap annual council rate increases without imposing an unnecessary or onerous burden on councils. It also includes a variation process to assess any proposals by councils for above cap increases. The framework seeks to promote a transparent and independently verifiable decision-making process with regards to the trade-offs involved in determining council


rates. Volume II, Supporting material and analysis, provides in depth analysis and technical material in support of the Commission’s findings.

The ESC will shortly commence another round of engagement with stakeholders and in the meantime invite submissions on the Draft Report. The closing date for these submissions is 28 August 2015. It is intended the ESC will submit its final report to the Ministers by the end of September 2015.

West Wimmera Shire has been fortunate to secure a ‘one on one’ meeting with representatives from the ESC scheduled for the morning of 27 August 2015. The ESC will be meeting with other sector Councils in the afternoon of 27 August 2015 at Stawell.

West Wimmera Shire Council has already lodged its submission to the ESC with a Council submissions lodged pursuant to the above prior to 15 May 2015. See agenda attachment 3.

Risk Management Implications Minimal risk implications. Processes will be mandated on Council. Legislative Implications Nil. The Rates Capping regime is pursuant to State Government legislation. Environmental Implications Nil Financial and Budgetary Implications A rates capping regime has the potential to limit Council annual budgetary capacity to raise rates and charges over and above a State Government externally imposed indexation threshold. Policy and Council Plan Implications Nil Communication Implications Limited At the same time, Council will be wise to reinforce and articulate to its residents the potential impact rates capping will likely have, and the ability for Council to have full discretion over the suite and level of services provided to its community.


Conclusion At the time of preparing this report, the MAV have not provided their summation and review in relation to the ESC draft reports release. Although it will be hard for the MAV to articulate a sector wide position, it will be interesting to see the MAV summary of the initial work by the ESC. A copy of this report will be circulated on receipt from the MAV. One observation is the ESC seeks to maintain a low profile as part of any rates capping framework. Seeking to have one capping index figure across the whole sector and a review process that entails approval or non-approval are 2 recommendations to keep any process as simple as possible. An addendum report will be provided to Council following the MAV / Rural and Regional Councils forum in Melbourne 13 August 2015. OFFICER RECOMMENDATION: In relation to the Essential Services Commission (ESC) – A Blueprint for change – Local Government Rates Capping and Variation Framework Review – Draft Report – Volumes 1 and 11;

That:

1. The Essential Services Commission ESC – A Blueprint for change – Local Government Rates Capping and Variation Framework Review – Draft Report – Volume 1 and 11 be received and noted;

2. Council prepare a further submission to the ESC detailing and highlighting variations in approach between the Council submission of 13 May 2015 and the draft report 1 recommendations.


Attachments:

No. Name RecFind Ref 12.3.1 ESC – A Blueprint for Change –

Local Government Rates Capping and Variation Framework Review – Draft Report – Volume 1, Including recommendations.

15/003394

12.3.2 ESC – Local Government Rates Capping and Variation Framework Review – Draft Report – Volume 11 – Supporting Material and Analysis

15/003407

12.3.3 West Wimmera Shire Council submission ESC re Local Government Rates Capping and Variation Framework Review

15/001478


13.0 INFRASTRUCTURE DEVELOPMENT AND WORKS

13.1 PETER FRANCIS HONNER- SECTION 173 AGREEMENT

FILE NO: PA0834

REPORT AUTHOR: GILLIAN BRADSHAW, MANAGER PLANNING AND

ENVIRONMENT

FOR DECISION Introduction This report is in relation to a Section 173 Agreement for signing and sealing by Council for Mr Peter Francis Honner who undertook earthworks without a planning permit on his property located at Crown Allotment 62, Parish of Connewirricoo, Coleraine-Edenhope Road Harrow. Mr Honner applied for a retrospective planning permit Background The planning permit application received four objections, and Council resolved to grant a Notice of Decision to Grant a Permit. One objector applied to the Victorian Civil Administrative Tribunal (VCAT) for an application review and subsequently a hearing was held in Melbourne. VCAT resolved to grant the planning permit. Attached is a Section 173 Agreement that is required to meet the conditions of Planning Permit P1140 granted to Mr Peter Francis Honner, as directed by VCAT. The signing and sealing of the Section 173 Agreement will facilitate the maintenance and security of the overflow from the dam to the Black Waterhole on the adjacent property.

Risk Management Implications The Section 173 Agreement secures the offset sites on crown allotment 62, Parish of Connewirricoo, and ensures compliance with Planning Permit P1140 conditions and requirements, therefore negating any risk to Council. Legislative Implications By Council signing and sealing the Section 173 Agreement, and then forwarding to a solicitor for registration on the certificate of title all legal and legislative requirements are met.


Environmental Implications The impact on the environment and this has been considered, In particular the Black waterhole on the adjacent property. Financial and Budgetary Implications There are no financial or budgetary implications to Council. Policy and Council Plan Implications There are no implications that are contrary to the Council plan. Communication Implications Council advised Mr Honner during the planning permit application process that a Section 173 Agreement would be required as part of the Planning Permit conditions. This was confirmed by VCAT. The Land Victoria office will notify Council in writing when the dealing has been registered on the title. Conclusion Mr Honner has cooperated with Council throughout the investigation and retrospective permit application process and is conversant with the S173. Council is also required to sign the Application by a responsible authority for the making of a recording of an agreement under Section 181 of the Planning & Environment Act 1987 for the agreement. OFFICER RECOMMENDATION That Council sign and seal the following Section 173 Agreement and the form for the recording of an agreement under Section 181 of the Planning & Environment Act 1987:

- Peter Francis Honner – Crown allotment 62, Parish of Connewirricoo Attachments:

No. Name RecFind Ref 13.1.1 S173 Agreement 15/003327 13.1.2 S181 Form 15/003327


13.2 REQUEST TO PURCHASE UNUSED ROAD: TALLAGEIRA

FILE NO: PS0007

AUTHOR: GILLIAN BRADSHAW, MANAGER PLANNING AND

ENVIRONMENT

FOR DECISION

Introduction Council has received written correspondence from Department of Environment, Land, Water and Planning (DELWP) advising of a request from Camperdown Dairy International (CDI) to purchase a road that is currently licensed. The road is located north of crown allotment 16, Parish of Tallageira, area approximately 4.5 hectares. Background CDI have purchased property in Neuarpurr to establish a 3600 free stall barn dairy. A planning permit for the operation of the dairy was granted on 8 October 2014. CDI have recently submitted a planning permit application to amend the site plan of the planning permit. The proposed amended site plan will make it necessary to occupy part of the licensed road with building structures. To facilitate this CDI have applied to DELWP to purchase the road from the Crown. If Council agrees to close the road, it can then advise DELWP that the road is not required and CDI can proceed with the process to purchase the land from the Crown. The usual process of advertising the proposed road closure will need to be undertaken.

Risk Management Implications When an unused road is licensed it is effectively declared ‘unused’ for public traffic purposes. The road is then removed from Council’s list of roads, and therefore no longer Council’s responsibility. The licensed road is unused and unmade and the lease has allowed agricultural use in the past. The road is not used by any other residents in the district.


Legislative Implications The road reserve, if closed and sold to CDI would not be subject to the care and responsibility of Council under the Road Management Act 2004. Environmental Implications There are no negative environmental implications. There is no native vegetation on the licensed road and the future development on the road will have no adverse environmental impact. Financial and Budgetary Implications If Council agrees to this request, it will place an advertisement in the local paper outlining the proposal and calling for any submissions. The cost of the advertisement is borne by Council, as are costs associated with administering the request. Any costs associated with the subsequent licensing process are borne by the DELWP and/or CDI. If Council relinquishes management of the road reserve, it will no longer need to undertake maintenance. This will provide a cost saving to Council. Policy and Council Plan Implications There are no direct implications on Council’s plans or policies. If the road reserve is ultimately sold to CDI, this will lead to indirect positive implications through ongoing land management. Communication Implications If Council consents to this request, the proposal will be advertised in the West Wimmera Advocate for public comment. Conclusion CDI have approached DELWP to purchase the road to facilitate the amended site plan for the dairy development. The road reserve is currently leased to CDI and is used for agricultural purposes. No residents in the district use this road.


Council is encouraged to endorse the CDI proposal, declare the road ‘unused’ and proceed with a public notification period. OFFICER RECOMMENDATION

1. That Council declare the road located north of crown allotment 16, Parish of Tallageira as ‘unused’.

2. That a notice be placed in the local newspaper and that adjoining landowners be advised in writing of the proposed road closure with a period of 28 days to respond.

Attachments:

No. Name RecFind Ref 13.2.1 Letter from DELWP, includes plan 15/003356


13.3 COUNTRY FIRE AUTHORITY (CFA) STANDARD REFERRAL

AGREEMENTS: MEMORANDUM OF UNDERSTANDING

FILE NUMBER: DA0019

REPORT AUTHOR: GILLIAN BRADSHAW, MANAGER PLANNING &

ENVIRONMENT

FOR DECISION Introduction The Country Fire Authority (CFA) and Municipal Association Victoria (MAV) have been working with Councils to develop standard referral agreements for “lower risk” applications within the Bushfire Management Overlay (BMO). If the conditions or requirements set out in the agreement are met, referral to the CFA is not required and permit assessment can be streamlined. Background The referral of all planning permit applications within BMO to the CFA as a recommending Authority has meant that even minor developments have had to be referred. The CFA and MAV have developed a template for the standard referral agreements or Memorandums of Understanding, (MOU,) that will streamline the process and may reduce the time to process simple planning permit applications. The MOU is individual to each municipality and is between the CFA and the relevant municipality. The MOU can be signed for terms of three (3) or five (5) years, with options to renew or cancel as required. The CFA will have specified criteria for a planning permit application to comply with the MOU. If the Planning Permit application meets the criteria specified in the MOU then the specified CFA standard conditions must be included in the planning permit. Risk Management Implications The MOU will clarify which planning permits need to be referred to the CFA and using the conditions specified by the CFA reduces risk to Council.


Legislative Implications The MOU will be signed by the CFA and Council and will be affected under the Planning and Environment Act 1987. Environmental Implications There are no additional environmental implications to Council. All environmental matters are resolved within the planning permit and MOU. Financial and Budgetary Implications There are no budget implications to Council. Policy and Council Plan Implications Not commented on. Communication Implications Applicants will be advised of the MOU during pre-planning meetings and that it should streamline planning permit applications and the resulting reduced process time. Conclusion To date the referral of all planning permit applications within BMO to the CFA as a recommending Authority has meant that even minor developments have had to be referred. The MOU will allow Council to streamline the process for those applications that are “lower” risk within the BMO and provide standard planning permit conditions. OFFICER RECOMMENDATION:

That Council write to the CFA and advise that it is willing to sign a Memorandum of Understanding in relation to the standard referral agreement for “lower risk” applications within the Bushfire Management Overlay.

Attachments:

No. Name RecFind Ref 13.3.1 CFA Letter 15/002409


13.4 REAR LANE ACCESS CRANAGE LANE TO 79-87 ELIZABETH

STREET, EDENHOPE

FILE NUMBER: PS0007

REPORT AUTHOR: GILLIAN BRADSHAW, MANAGER PLANNING &

ENVIRONMENT

FOR DECISION Introduction Application to Council has been made as to the provision of rear access to 79-87 Elizabeth Street Edenhope, in light of a proposed development at 87 Elizabeth Street and allotments south of the surveyed road and north of Langford Street, Edenhope. Background The landowner of 79-87 Elizabeth Street Edenhope has advised Council officers that rear access is required as a proposal is being developed for the construction of units on the allotments on the south side of the road shown on the plan. In the early 1970’s two multi lot subdivisions were undertaken in Section 6 and both created a road between the Elizabeth and Langford Street allotments, (Refer attached plan.) The section of road between 65 and 73 Elizabeth Street has recently been named “Cranage Lane”. However, Lot 1 of Title Plan 329202, Section 6, Township of Edenhope, 77 Elizabeth Street, was not subdivided therefore there is no provision for a road to traverse the rear of the allotment. A subdivision would be required to excise a portion of the allotment and create a “road”. The creation of a “road” at the rear of 77 Elizabeth Street, would connect both existing surveyed roads and create one road, which would be of benefit to any development of allotments south of the road and provide consistency of rear access for allotments north of the road. The landowner has contacted the landowner of 77 Elizabeth Street, and they have verbally agreed to the excision and creation of a road. This would need to be confirmed in


writing. The estimate costs for sale of the land is $500 and legal costs are estimated at $700. The landowner has also contacted land surveyor, Mark Dore from Brayley and Hayes, who have verbally advised an estimate survey cost of $1,000. Risk Management Implications The excision and creation of a road would provide access to all the buildings from 65 to 87 Elizabeth Street and the allotments on the south of the “road”. It would form one continuous road and have to be listed on the Shire road register and maintained by the Shire. Legislative Implications The newly created road would be included in the Shire Road Register and would be maintained by Council under the Road Management Act. Environmental Implications There are no environmental implications; no native vegetation needs to be removed for the subdivision of the road. An increase in traffic movements may be anticipated if the development of the vacant allotments to the south of the road occurs. Financial and Budgetary Implications The total estimated cost of the survey, sale of land and legal costs is $2,200, and these will need to be confirmed in writing if the proposal is progressed. The landholder has offered to financially contribute to the costs, if required, by Council. Policy and Council Plan Implications The proposal to develop the allotments south of the road, would comply with Council Plan Strategic Objective 1: To increase economic activity through the support of existing business and new investment. The provision of the road all the way from the rear of 65 through to 87 Elizabeth Street, will assist any future development of the allotments to the south of the road. Communication Implications A planning permit would be required for the subdivision and excision to create the “road”, therefore all landowners within this whole section will be notified in writing, and submissions invited.


Council may then consider the extension of “Cranage Lane” to encompass the whole laneway, and this would need to be advertised in the newspaper and then the office of Geographic Place Names notified. Conclusion Council has received a request for a portion of 77 Elizabeth Street to be excised to create a road that will link the existing two roads, shown on the attached plan to create one continuous from the rear of 65 through to the rear of 87 Elizabeth Street. The creation of a single road would overcome the apparent sub-division inconsistency of earlier times. The landholder has offered to pay part of the costs, if Council requests it. As there are several issues to consider, options have been provided in the recommendation. Council has a number of options to progress this matter; OPTION 1: THAT

• Council obtain written confirmation from the landowner of Lot 1 of Title Plan 329202, Section 6, Township of Edenhope 77 Elizabeth Street Edenhope of consent to excise a portion from the rear of the allotment to create a “road” and to sell that portion to the West Wimmera Shire Council.

• Council obtain a written quotation from the Land surveyor for the cost of the subdivision to excise a portion of the allotment and create a “road”.

• Council allocate funding for the costs involved. • No financial contribution required from the Landholder.

OPTION 2: THAT



• Council allocate funding for the costs involved. • The Landholder makes a financial contribution of 50% toward the cost incurred.


OFFICER RECOMMENDATION: That Council resolve to proceed with the excision and creation of a road at the rear of 77 Elizabeth Street Edenhope, and that the following actions are undertaken as part of that process: OPTION 1: THAT



• Council allocate funding for the costs involved. • No financial contribution required from the Landholder.

Attachments:

No. Name RecFind Ref 13.4.1 Site Plan 15/003580


13.5 LAND REZONING – MIGA LAKE & GYMBOWEN

FILE NO: DA0158

REPORT AUTHOR: GILLIAN BRADSHAW, PLANNING AND

ENVIRONMENT MANAGER

FOR DECISION

Introduction This report proposes that Council seeks authorisation from the Minister for Planning to prepare Amendment C34 to the West Wimmera Shire Planning Scheme, which seeks to correct a series of mapping anomalies contained in the Planning Scheme. Background

Proposed Amendment C34 seeks to rezone land from Public Conservation and Resource Zone (PCRZ) to the Farming Zone (FZ) to correct errors dating back to the consolidation of the Kowree, Kaniva, Arapiles and Glenelg Planning Schemes into the West Wimmera Shire Planning Scheme in 1999/2000. The amendment affects the following lots: • Lot 1, TP84821 and Lot 1, TP817381 in the Parish of Kalingur (Council Property

Number 1009430, Wimmera Highway-Miga Lake Road, Miga Lake), which has an area of 116.367 hectares

• Crown Allotment 46A in the Parish of Kalingur, which has an area of 99.04 hectares

• Lot 1, TP820816 (51.03 hectares), Lot 1 TP398680 (0.4 hectares), Crown Allotment 21 (68.1 hectares) and Crown Allotment 10 (129.39 hectares) in the Parish of Gymbowen.

Each of the properties is an agricultural holding, with all surrounding land in private ownership zoned Farming. These allotments were zoned in the former ‘Rural Zone’ before the West Wimmera Planning Scheme was created. At this time, the lots were inadvertently rezoned as PCRZ.


The PCRZ is typically applied to Crown Land and restricts land use to focus on conserving the natural environment for historic, scientific, landscape, habitat or cultural values. This does not reflect the long-running use of the sites for agricultural production. Council was alerted to the anomaly affecting Lot 1, TP84821 and Lot 1, TP817381 in the Parish of Kalingur by Brown and Proudfoot Lawyers, who act on behalf of the land owners. Anomalies on other farm blocks were discovered concurrently with this correspondence. Existing use rights apply for current use of the land for agricultural production. Correcting the zoning anomaly would provide certainty to the land owners and more properly reflect the land’s use and potentially ongoing use as productive agricultural land, which would be protected through the provisions of the Farming Zone. As proposed Amendment C34 is a corrective amendment that reinforces existing land use, it is proposed to seek authorisation from the Minister for Planning for Council to prepare the amendment under Section 20(2) of the Planning and Environment Act (1987) as the Amendment is not considered to materially affect any other person. To reduce administrative costs, it is proposed that Council seeks to correct these anomalies through one planning scheme amendment, rather than seeking to run a number of different amendments. Risk Management Implications Council has been alerted to this zoning anomaly through legal correspondence. While the site may continue to be farmed under existing use rights, correcting these anomalies would reduce the risk of land use conflicts or other issues surrounding any intensification of farming activity. Legislative Implications In order to correct these zoning anomalies, Council needs to seek authorisation from the Minister for Planning to amend the planning scheme. This report proposes to start this process. Environmental Implications Rezoning the land as Farming Zone accurately reflects the current use of the sites. Environmental protections inherent in the Farming Zone would remain intact.


Financial and Budgetary Implications As this is a corrective amendment, it is not expected to have significant financial implications. To save administration costs, it is recommended that Council runs one planning scheme amendment to correct a number of zoning anomalies. Seeking authorisation and running the planning scheme amendment process will save potential future administration resources. Policy and Council Plan Implications Seeking authorisation to prepare this amendment would support Council Plan Strategic Objective 1 - Increase economic activity through the support of existing businesses and new investment. Communication Implications Should Council pass this motion, authorisation would be sought from the Minister for Planning to prepare Amendment C34. As the proposed amendment corrects a mapping error; applies to a limited number of properties; provides certainty to land owners; and does not adversely affect other parties, it is proposed to seek authorisation under Section 20(2) of the Planning and Environment Act. An amendment prepared under this provision would provide some exemptions of public notification requirements, and enable Council to fast-track the rezoning process. Council would continue to engage with the land owners and their representatives. Conclusion These allotments were zoned in the former ‘Rural Zone’ before the West Wimmera Planning Scheme was created. At this time, the lots were inadvertently rezoned as PCRZ. It is recommended that Council seek authorisation from the Minister for Planning to prepare Amendment C34 to the West Wimmera Planning Scheme to rezone the allotments to Farming Zone.


OFFICER RECOMMENDATION That Council seek authorisation from the Minister for Planning under Section 20(2) of the Planning and Environment Act (1987) to prepare Amendment C34 to the West Wimmera Shire Planning Scheme to rezone the following allotments from Public Conservation Resource Zone to Farming Zone: • Lot 1, TP84821 and Lot 1, TP817381 in the Parish of Kalingur (Council

Property Number 1009430, Wimmera Highway-Miga Lake Road, Miga Lake), which has an area of 116.367 hectares

• Crown Allotment 46A in the Parish of Kalingur, which has an area of 99.04 hectares

• Lot 1, TP820816 (51.03 hectares), Lot 1 TP398680 (0.4 hectares), Crown Allotment 21 (68.1 hectares) and Crown Allotment 10 (129.39 hectares) in the Parish of Gymbowen.

Attachments:

No. Name RecFind Ref 13.5.1 Letter from Solicitor 15/002873 13.5.2 Maps of allotments to be rezoned 15/002873


14.0 CORPORATE AND COMMUNITY SERVICES

14.1 WEST WIMMERA SHIRE – YOUTH COUNCIL

FILE NO: CS0075

REPORT AUTHOR: VENKATA PETETI, GENERAL MANAGER CORPORATE

AND COMMUNITY SERVICES

FOR DECISION Introduction This report provides the draft terms of reference for the establishment of a West Wimmera Shire Youth Council (Youth Council) to West Wimmera Shire Council (the Council) and seeks Council’s in principle support for the formation of the Youth Council. Background The West Wimmera Shire Council Youth Officer has explored various options and best practice to run the Youth Council and prepared draft terms of reference for a West Wimmera Shire Youth Council. Draft terms of reference were presented to the Councillor Forum held on 6 August 2015, and feedback received from Councillors was incorporated in the draft. Discussion Key aspects of the terms of the reference are:

• Up to 12 members aged between 13-19.

• Three sub-committees: one each from Kaniva, Goroke and Edenhope.

• One Councillor to mentor each sub-committee.

• Aim to engage with young people and assist Council in developing a Youth Strategy and an Action Plan

• Supported by Council’s Youth Officer.


The model for the Proposed Youth Council is a practical one and ensures that Youth are engaged meaningfully.

Risk Management Implications Council currently does not have a formal way of engaging young people in Council business. To achieve Target 10,000 economic development strategy actions, Council must engage with young people, and empower them to think strategically to advise Council on matters important to West Wimmera Shire Council’s sustainability. Legislative Implications The Youth Council will be an advisory committee to Council. An advisory committee is defined in the Local Government Act 1989 in section 3(1) as:

S. 3(1) def. of advisory committee inserted by No. 58/2010 s. 3(1).

"advisory committee" means any committee established by the Council, other than a special committee, that provides advice to—

(a) the Council; or

(b) a special committee; or

(c) a member of Council staff who has been delegated a power, duty or function of the Council under section 98;

Environmental Implications

Not applicable.

Financial and Budgetary Implications There is no specific budget line item allocated for the Youth Council. However, officers are working to achieve the formation of a Youth Council on the basis that very little financial assistance would be required from Council. The current budget would support a Youth Council and its activities for 2015-16, and Council need to consider a separate allocation for the Youth Council from the 2016-17 budgets onwards. Considering that Council will face the challenges of rate capping, the financial resources allocation for the Youth Council would be minimal going forward, and Council will work to use the existing budget capacity to achieve an effective Youth Council.

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html%23council

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html%23special_committee


http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html%23special_committee

http://www.austlii.edu.au/au/legis/vic/consol_act/lga1989182/s3.html%23member_of_council_staff



Policy and Council Plan Implications The Council Plan 2013-17 aims to achieve the best of rural living to West Wimmera communities. Young people in our Shire have limited education opportunities in the governance area of Council, project identification, lobbying, and project management. A functioning Youth Council will ensure Council provides these opportunities to our young citizens. Communication Implications Council will be considering modern methods of communication and engagement to appeal to young people. Each Council mentor will bring back information to Council on the activities of the Youth Council. The Youth Council will decide on how they would like to communicate to a wider range of young people in the region. With the advent of social media, it is prudent for Council to empower a Youth Council to identify their preferred method of communicating with young people to keep them engaged in Youth Council activities. Conclusion

West Wimmera Shire Council has the opportunity to embark on an exciting journey to engage young people through the formation of a Youth Council. Effective engagement of young people will ensure their voices are heard, and their energy is utilised towards the advancement of West Wimmera Shire. OFFICER RECOMMENDATION In relation to the draft Terms of Reference for the establishment of a West Wimmera Shire Youth Council presented with this report; That: 1. Council approve the Terms of Reference for a West Wimmera Shire Youth

Council, and 2. Council nominate 1. Cr ....................... for the Edenhope youth group, 2. Cr

................for the Goroke youth group, and 3. Cr............. for the Kaniva youth group, and

3. Council directs the Youth Officer to work with the nominated Councillors as listed in 2. Above, to recruit a minimum of three (3) young people from each of Edenhope, Goroke and Kaniva to the membership of the Youth Council.


Attachments:

No. Name RecFind Ref 14.1.1

Draft terms of reference - West Wimmera Shire Youth Council

15/003374


14.2 REGIONAL JOBS & INFRASTRUCTURE FUND (RJIF) – PRIORITY

PROJECT LIST FOR WEST WIMMERA SHIRE COUNCIL

FILE NO: AD0152

REPORT AUTHOR: VENKATA PETETI, GENERAL MANAGER CORPORATE

AND COMMUNITY SERVICES

FOR DECISION

Introduction This report provides a list of projects that officers are working with the community to put forward a grant application under the Victorian Government Regional Jobs and Infrastructure Fund (RJIF). This reports seeks in principle support of Council on the projects, so that officers could work with the community and report back to Council with specific proposals. Background Council was provided with an update on the RJIF funding opportunity at the Ordinary Council meeting on 16 July 2015. Officers have reviewed priorities identified in various Social Infrastructure Studies (including the project in progress at Goroke and Harrow), Council Plan actions, Economic Development Strategy, regional priorities, municipal health and wellbeing plan and capital works priorities. Discussion Council has received support from Regional Development Victoria (RDV) to assist Council in its grant application. RDV would like a list of projects in the ‘pipeline’ to work with Council, to take the projects closer to the funding application. It is essential that Council focuses on a small number of projects at a time, to ensure quality grant applications are prepared and funding is obtained. Focusing on key projects will help Council to deliver the projects successfully, as Council must manage these projects being the principle applicant.


A list was presented with this report for Council to consider and provide individual proposals for each of these projects including:

• Benefits to the community by implementing projects • Full cost estimates • Community cash and in-kind contributions • Contribution sought from Council

The list attached to the report has two components: List A: Projects that are ready for application within the next three months; and List B: Projects for which significant work is still required to make them “shovel ready”. Council must note that the total funding that Council will seek through List A is $1.9 million, which is a significant sum of money for Council in the non-civil infrastructure area.

Risk Management Implications Projects listed in List A relate to community assets which are aged and are no longer fit for purpose. If Council does not act in a timely manner and work with the community to bring these projects to fruition, Council will continue to have some poor facilities which have the capacity to damage community morale. Significant work was already undertaken to get community support for these projects, and with a little Council support, the projects listed in List A have a high chance of succeeding in the funding application. Legislative Implications

Not commented on.

Environmental Implications

Not applicable.

Financial and Budgetary Implications Council must note that the community has risen significant funding as their co-contribution for the funding application. Council could assist these communities by:


• Providing a token co-contribution • Providing no interest/ minimal interest loans • Providing bank guarantees for the application

Council has a healthy cash flow position, allowing a nominal amount of $25,000 for each of these projects over two years period will not leave Council in any financial stress. However, Council must consider each application on a case by case basis and make a decision on the kind of financial support that Council is prepared to provide. Council also allocated $100,000 in the budget to make the projects shovel ready. Council must consider allocating part of the funding to make projects listed in List B of the attached report shovel ready. Policy and Council Plan Implications

Not commented on.

Communication Implications All community groups were advised that a Council co-contribution is not guaranteed due to the current financial climate and the Victorian Government’s proposed rate capping regime. At the same time, Council is required to provide in-principle support and project management to all these projects, to meet the grant requirements. Conclusion Council’s targeted and focused work towards the RJIF funding application will ensure an additional $3million will come to the West Wimmera Shire economy in the next six to twelve months. It is a good opportunity for Council to partner with communities to deliver the community priority projects. Council is required to also undertake a six-monthly review of the project list and refresh the list to maximise Council grants under the RJIF funding stream.


OFFICER RECOMMENDATION In relation to the draft West Wimmera Shire Council Regional Jobs and Infrastructure Fund (RJIF) Project list attached to the report: That:

1. Council authorises Officers to work with the community to present detailed information back to Council on the following projects:

a) Improvements at Lake Charlegrark

b) Kaniva Community Club Rooms

c) Harrow Recreation Reserve improvements

d) Kaniva Fauna Project upgrade

2. Council approves the allocation of funding to prepare detailed designs and cost estimates to make the Edenhope Mechanics Institute (Edenhope Community Hub) project ready for a grant application on an undertaking that Officers use any remaining balance of funding from the Hall Strategy Project and if further funding is required, use the part of the $100,000 budget allocated to make the projects shovel ready.

3. Council undertake a review of RIJF projects at the April 2016 Ordinary Council Meeting, to identify any further projects for RIJF application.

Attachments:

No. Name RecFind Ref 14.2.1 Draft WWSC_RJIF project list 15/003580


15.0 LATE ITEMS OF BUSINESS

Pursuant to Local Law No.7 (2012), Meeting Procedure and Common Seal Local Law 2012, West Wimmera Shire Council:

25. Urgent Business Business must not be admitted as urgent business unless it:

i. Relates to or arises out of a matter which has arisen since distribution of the agenda; and

ii. Cannot safely or conveniently be deferred until the next Ordinary Meeting. OFFICER RECOMMENDATION: That Council consider the following late item of business:

15.1 ROADS TO RECOVERY ADDITIONAL FUNDING 2015-2019

16.0 SEALING SCHEDULE

Nil.

17.0 CONFIDENTIAL (PURSUANT TO SECTION 89 LGA 89)

MEETING CONCLUDED: NEXT MEETING: 17 SEPTEMBER 2015 KANIVA COUNCIL CHAMBER

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