Transcript
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ORDINARY MEETING OF COUNCIL

PUBLIC

AGENDA

19 September 2019

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NOTICE OF MEETING

19 September 2019

14 White Street Brookton, WA 6306

Dear Councillor, Resident or Ratepayer, Notice is hereby given that the Ordinary Meeting of the Brookton Shire Council will be held on Thursday 19th September 2019 in the Council Chambers at the Shire Administration Centre commencing at 5.00 pm. The business to be transacted is shown in the Agenda. Ian D’Arcy CHIEF EXECUTIVE OFFICER 13 September 2019

DISCLAIMER

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

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TABLE OF CONTENT

1.09.19 USE OF COMMON SEAL ....................................................................................................... 5

2.09.19 DELEGATED AUTHORITY – ACTIONS PERFORMED – AUGUST 2019 ....................................... 5

3.09.19 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............................................... 5

4.09.19 RECORD OF ATTENDANCE/APPOLOGIES/APPROVED LEAVE OF ABSENCE ............................. 5

5.09.19 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ......................................... 5

6.09.19 PUBLIC QUESTION TIME ...................................................................................................... 5

7.09.19 APPLICATIONS FOR LEAVE OF ABSENCE ............................................................................... 5

8.09.19 PETITIONS/DEPUTATIONS/PRESENTATIONS ........................................................................ 5

9.09.19 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ....................................................... 5

9.09.19.01 ORDINARY MEETING OF COUNCIL – 15 AUGUST 2019.......................................................... 5

9.09.19.02 AUDIT COMMITTEE - 15 AUGUST 2019 ................................................................................ 6

9.09.19.03 LOCAL EMERGENCY MANAGEMENT COMMITTEE - 19 AUGUST 2019 .................................. 6

10.09.19 ANNOUNCEMENTS BY THE PRESIDING MEMBER WITHOUT DISCUSSION ............................. 6

11.09.19 DISCLOSURE OF INTERESTS ................................................................................................. 6

12.09.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS ................................................................ 7

12.09.19.01 REQUEST TO NAME RESERVE LAND – CORBERDING ROAD, BROOKTON .............................. 7

12.09.19.02 PROPOSED NATURE BASED CAMPING AREA – LOT 1358 STRANGE ROAD, JELCOBINE ...... 10

12.09.19.03 WHEATBELT SECONDARY FREIGHT NETWORK PROGRAM – FORMALISATION OF

COMMITMENT ..................................................................................................................... 26

12.09.19.04 PROPOSED RURAL INDUSTRY – GRAIN RECEIVAL AND STORAGE FACILITY LOT 814

BROOKTON – CORRIGIN ROAD, BROOKTON ....................................................................... 58

12.09.19.05 PROPOSED RURAL INDUSTRY – ADDITIONAL GRAIN RECEIVAL AND STORAGE FACILITY

LOT 550 SEWELL STREET BROOKTON – REQUEST TO AMEND PLANNING APPROVAL

CONDITIONS ......................................................................................................................... 80

13.09.19 COMMUNITY SERVICES REPORTS ...................................................................................... 93

14.09.19 FINANCE & ADMINISTRATION REPORT .............................................................................. 93

14.09.19.01 HIRE FEE DISCOUNT – REQUEST – BROOKTON CRC ............................................................ 93

14.09.19.02 LIST OF ACCOUNTS FOR PAYMENT ...................................................................................... 96

14.09.19.03 STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDED 31 AUGUST 2019 ............. 98

15.09.19 GOVERNANCE .................................................................................................................. 124

15.09.19.01 REVIEW OF COUNCIL POLICY MANUAL.............................................................................. 124

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15.09.19.02 PARTNERING AGREEMENT – PROVISION OF MUTUAL AID FOR RECOVERY DURING

EMERGENCIES – MEMORANDUM OF UNDERSTANDING (MOU) ...................................... 127

16.09.19 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................. 134

17.09.19 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ............ 134

18.09.19 CONFIDENTIAL REPORTS .................................................................................................. 134

18.09.19.01 RFQ 04.2019-20 – SUPPLY OF BITUMINOUS SEALING PRODUCTS/WORKS ...................... 134

18.09.19.02 RFQ 05.2019-20 - SUPPLY OF ROAD PAVEMENT CEMENT STABILISATION SERVICES ....... 135

19.09.19 NEXT MEETING & CLOSURE .............................................................................................. 135

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1.09.19 USE OF COMMON SEAL

The Table below details the Use of Common Seal under delegated authority for the month August 2019.

Use of Common Seal Register

File Ref: Purpose Date Granted

2.09.19 DELEGATED AUTHORITY – ACTIONS PERFORMED – AUGUST 2019

The Table below details the actions of Council performed under delegated authority for the month August 2019. Shire of Brookton, Delegation Register, 1.46 Building Matters – Permits, Certificates & Orders

BUILDING

Application No. Lot & Street Type of Building Work Date Granted

Shire of Brookton, Delegation Register, 1.41 Specific Provisions under the Town Planning Scheme No. 3

PLANNING

File Ref Application Ref Subject Land (incl. Scheme No.) Purpose Date Granted

A326 P2019/018 103 Robinson Road, Brookton Portable Signage 29 Aug 2019

3.09.19 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

4.09.19 RECORD OF ATTENDANCE/APPOLOGIES/APPROVED LEAVE OF ABSENCE

5.09.19 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

6.09.19 PUBLIC QUESTION TIME

7.09.19 APPLICATIONS FOR LEAVE OF ABSENCE

8.09.19 PETITIONS/DEPUTATIONS/PRESENTATIONS

9.09.19 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

9.09.19.01 ORDINARY MEETING OF COUNCIL – 15 AUGUST 2019

That the minutes of the Ordinary meeting of Council held in the Shire of Brookton Council Chambers, on 15 August 2019, be confirmed as a true and correct record of the proceedings.

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9.09.19.02 AUDIT COMMITTEE - 15 AUGUST 2019

That the minutes of the Local Emergency Management Committee meeting held in the Shire of Brookton Council Chambers, on 19 August 2019, be received by Council.

9.09.19.03 LOCAL EMERGENCY MANAGEMENT COMMITTEE - 19 AUGUST 2019

That the minutes of the Local Emergency Management Committee meeting held in the Shire of Brookton Council Chambers, on 19 August 2019, be received by Council.

10.09.19 ANNOUNCEMENTS BY THE PRESIDING MEMBER WITHOUT DISCUSSION

11.09.19 DISCLOSURE OF INTERESTS

Members and Officers to declare Financial, Proximity or Impartiality Interests & submit forms to the Chief Executive Officer at the commencement of the meeting and also prior to the item.

Disclosure of Financial & Proximity Interests

a. Members must disclose the nature of their interest in matters to be considered at the meeting. (Sections 5.60B and 5.65 of the Local Government Act 1995). b. Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting. (Sections 5.70 and 5.71 of the Local Government Act 1995).

Disclosure of Interest Affecting Impartiality a. Members and staff must disclose their interest in matters to be considered at the meeting in respect of which the member or employee has given or will give advice.

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12.09.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS

12.09.19.01 REQUEST TO NAME RESERVE LAND – CORBERDING ROAD, BROOKTON

File No: ADM 0281 Date of Meeting: 19/09/2019 Location/Address: Nature Reserve located on Corberding Road, Brookton Name of Applicant: Mrs F Whittington Name of Owner: Shire of Brookton Author/s: Vicki Morris – Deputy Chief Executive Officer Authorising Officer: Ian D’Arcy – Chief Executive Officer Declaration of Interest: The author has no interest in this item Voting Requirements: Simple Previous Report: N/A

Summary of Item: Council is in receipt of a letter from Mrs Frank Whittington who now resides in Hopetoun, Western Australia seeking to name a small section of land in Corberding Road after her husband Frank. Mr and Mrs Whittington were residents of Brookton in the early 1960’s and purchased the land and subsequently subdivided the land into building blocks but retained a parcel as public open space (nature reserve). The land in question is located in Corberding Road (see map). Description of Proposal: This proposal involves a request to name a parcel of land as outlined on the map below.

The naming of geographical features (either natural or man-made) in Western Australia is the responsibility of Landgate. Landgate have a policy for the naming geographical features and any proposal to name the land suggested by Mrs Whittington needs to comply with Landgate policies and standards for “Geographical Naming in Western Australia”.

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The reason for going through this process it to ensure that there is an open and transparent naming process. Further the policy and procedures also serve the long terms interests of the community by identifying, protecting and reflecting the culture, heritage and landscape. Background: The Shire has received a written request from Mrs Frank Whittington to name a small parcel of land after her husband Frank. Mr Frank Whittington has a distinguished public sector career and some of his contributions include:

Served as a Councillor for the Shire of Brookton from 1959 – 1971

Served as a Shire Councillor for the Shire of Lake Grace from 1990-1992

Was the President of the WA Volunteer Fire Brigade Association from 1978-1988 and was Vice President from 1976-1978.

Was instrumental in the formation of the National Assembly of Volunteer Fire Brigades and was its foundation President 1983-1989.

Received an Order of Australian medial in 1998 for his community service.

Mr Whittington was also honoured for his community work by the Shire of Ravensthorpe in January 2019 at the Australia Day Awards. The Shire must follow the process of consultation as advised by Landgate. In general terms, the Shire should ensure that as far as possible that names for any geographical feature in the Shire are:

a. Relatively short (the use of technical or scientific names is discouraged) b. Relevant to the purpose for which they are recommended c. Not easily confused with duplicating names within the region or nearby localities d. Consistent with the Landgate policies and procedures for Geographical Naming in Western

Australia. However, Mrs Whittington’s request for naming the land after her husband cannot proceed further or be approved as the Minister will not consider naming anything whist a person is still living. Under Landgate’ s policy, the use of a person’s name whom has not been deceased for at least two (2) years will not be considered by the Minister who has final approval. As Mr Whittington is still alive, the small reserve parcel cannot be named after him so there is no need for the Shire to consider the matter further. Consultation: There has been consultation with Cr Fancote and Mrs Whittington. Statutory Environment: Land Administration Act 1997 Land Information Authority Regulations 2007 Australian Standards AS/NZS 4819:2001 – Rural and urban addressing Local Government Act 1995 Relevant Plans and Policy: Policies and Standards for Geographical Naming in Western Australia from Landgate WA.

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Financial Implications: Nil Risk Assessment: There is no perceived risk to the Shire. Community & Strategic Objectives: Nil Comment The naming of the small parcel of land cannot be named after Mr Frank Whittington as the proposal does not fit the criteria. There is no further action required. OFFICER’S RECOMMENDATION That Council:

1. Acknowledges and notes the contribution made by Mr Frank Whittington to the communities of Brookton and Ravensthorpe; and

2. Takes no further action in naming the small nature reserve in Corberding Road, Brookton unless the naming of the reserve meets the policies and standards for geographical naming in Western Australia and Landgate.

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12.09.19.02 PROPOSED NATURE BASED CAMPING AREA – LOT 1358 STRANGE ROAD, JELCOBINE

File No: A866 Date of Meeting: 19/09/2019 Location/Address: Lot 1358 Strange Road Jelcobine Name of Applicant: As below Name of Owner: Ivan and Margery Solomon Author/s: Kelly D’Arcy – Senior Corporate Business Officer

Ian D’Arcy – Chief Executive Officer Authorising Officer: Ian D’Arcy – Chief Executive Officer Declaration of Interest: Neither of the authors has an interest in this proposal Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: The Shire of Brookton is in receipt of a planning application seeking approval for six (6) camping sites to be established on Lot 1358 Strange Road Jelcobine. In consideration of the merits of this proposal against the planning framework, scale of the use, concern raised by adjoining landowners and the caravan and camping legislation it is recommended planning approval be granted by Council. Description of Proposal: This proposal involves low key camping activity across six designated sites with the 43.57 hectare (107.6 acre) property. Respectively, Figure 1 below illustrates the location of the subject property, while Figure 2 present a

configuration of Lot 1358 and Figure 3 shows the specific camp sites in relation to the existing access

and manager’s residence.

Figure 1 – Site Plan

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Figure 2 – Lot Configuration

Figure 3 – Proposed camp Sites

As reflected in the diagrams above the proposal is based on minimal provision of services that affords a basic camping experience.

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The application advocates that bookings are received through an on-line website portal called ‘Youcamp’ that promotes private camping Australia wide. This site can be viewed by via the following link: https://youcamp.com . A copy of the planning application is also presented as Attachment 12.09.19.02A. Background: On assessment, the subject property largely constitutes a ‘lifestyle’ lot with the following site characteristics:

Site Assessment

Existing Development Lot 1358 presently accommodates a residential dwelling and a number of farm sheds and structure in close proximity to the dwelling.

Existing Services Reticulated power and telecommunications is available at the existing residence. Water is based on roof catchment fed to water storage tanks. Two small onsite storage dams for watering of stock are located midway along the southern boundary of the property.

Vehicular Access Vehicle access taken from Strange Road is established to a base line gravel standard leading to existing homestead.

Topography The property presents with a level of undulation and gradual fall across the property to the southern and eastern boundaries of the property.

Vegetation Remnant vegetation is mainly evident to the rear (western) portion of the

property as reflected in Figures 2 and 3.

Soil Type/s Predominantly loam and clay mix.

Surrounding Land-use The land adjoining on all boundaries is agricultural based used for cropping/grazing. The closest residence is some 300+ metres to the south of the existing dwelling on Lot 1358.

Bushfire Attack Level (BAL) Assessment

Lot 1358 partially falls within the Bushfire Prone Area as illustrated below, however due to the nature of the application and land – use the applicant does not need to submit a BAL assessment to determine the measures required for mitigation – see Figure 4 below.

Figure 4 – Bushfire Prone Map – Sourced from DEFS

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Consultation: Upon receipt, the application was referred to adjoining landowners to comment on the proposal within a 21 day period. At conclusion of the referral process a total of two submissions received, both objecting to the proposal. A table detailing the respective landowner’s concerns and corresponding officer comment is provided in the Comment Section of this report. A copy of each submission is also appended as Attachment 19.09.19.01B for Council’s understanding of the concerns raised. Statutory Environment: From a statutory perspective a Caravan Park/Camp Ground is not presently listed in the Shire of Brookton Town Planning Scheme No.3 zoning table, although it is defined in the interpretations section of the document. With this acknowledged the Shire’s draft Local Planning Scheme (LPS) No.4, nearing finalisation and adoption this year, does specify and promote a ‘Caravan Park’ (incorporating camping) use in the new zoning table for this document as an ‘A’ use, which means it needs to be advertised before being determined by Council. This means Council is to have regard to the validity of the comments or concerns raised by members of the public through the formal adverting process. To this end, the following table provides a summary of legal and other requirements in relation to this proposal:

Shire of Brookton Town Planning Scheme (TPS) No. 3 (Statutory instrument)

Current Zoning Farming – See extract of Zoning Map below.

Figure 5 – Extract of Zoning - Map 1 illustration the subject property is zoned ‘Farming’.

Permissibility (Table 1 – Zoning Table)

Table 1 – Zoning Table of TPS 3 does not specify a Caravan Park as a considered use, although the TPS does offer clear definition in the document – see below.

Definitions The draft TPS 3 stipulates the Interpretations Section a Caravan Park to be….. “an area of land specifically set aside for the parking of caravans and park

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homes or for the erection of camps on bays or tent sites allocated for that purpose.”

Objectives The Council’s TPS 3 nominates some of the objectives of the Farming Zone is:

To protect the potential of agricultural land for primary production and to preserve the landscape and character of the rural areas.

To consider non-rural uses, such as low key tourism where they can be shown to be of benefit to the district and not detrimental to primary production activity, natural resources or the environment.

Planning and Development (Local Planning Scheme) Regulations 2015 (Statutory instrument)

Schedule 2; Part 9; Clause 68(2)

This clause empowers Council to determine Development Applications under the planning legislation having regard to the zoning and other Scheme provisions pertinent to the application under consideration.

Schedule 2; Part 9; Clause 76 (1) and (2)

This part of the Planning Regulations affords the applicant the right to apply to the State Administration Tribunal (SAT) for a review of the Council’s decision in relation to the decision on the proposed use and or development of the land.

Shire of Brookton and Beverley Local Planning Strategy – April 2014 (Strategic document)

10.2 General Agriculture and Land Use (Page 51)

Section 10.1 of the Shire of Brookton Local Planning Strategy states the

Council will:

a) Support initiatives to enhance the productivity of agricultural areas

through:

- Working to ensure that sufficient water supplies are made available to

agriculture;

- Minimising the impact of agricultural practices and extraction or use of

natural resources on the environment;

- Encouraging the establishment of value-adding industries in

appropriate locations to maximise economic advantages to the district.

Further, Section 10.2 stipulates that Council should take into account the

following in considering development proposals:

a) Discourage land uses unrelated to agriculture from locating on

agricultural land (unless the proponent suitably demonstrates there are

exceptional circumstances to the satisfaction of Council);

b) Other elements of the Strategy including protecting environmental assets,

servicing and landscape impact;

c) Provide adequate separation distance between potential conflicting land

uses. The proposed development or use should contain all potentially

conflicting effects within the property on which it is located;

d) Buffer distances to enable agricultural uses to continue to operate without

undue restrictions. The buffers to agricultural land are accommodated

within the site subject to the proposal and not within adjoining land;

e) How the proposal will not detrimentally impact on existing agricultural

operations and outline how the proposal will contribute to sustainable

agricultural production in the area;

f) Discourage development that may result in land and environmental

degradation.

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Draft Shire of Brookton Local Planning Scheme (LPS) No. 4 (Statutory instrument - pending)

Proposed Zoning ‘Rural’ zone (green) – See extract of Zoning Map 1 below.

Figure 6 – Extract of draft Zoning Map 4

Permissibility Table 1 – Zoning Table of draft LPS 4 specifies Caravan Park as an “A” (discretionary following mandatory advertising) use. This means Council has the ability to exercise discretion on nature based camping use based on relevant planning considerations following a public submission process.

Definitions The definitions for the respective land use in draft LPS 4 is:

“caravan park means premises that are a caravan park as defined in the Caravan Parks and Camping Grounds Act 1995 section 5 (1).”

See further comment on Caravan Parks and Camping Grounds Act 1995.

Objectives – 16.2.4 Rural Zone

The draft LPS 4 stipulates the objectives of the Rural Zone are:

To provide for the maintenance or enhancement of specific local rural character.

To protect broad acre agricultural activities such as cropping and grazing and intensive uses such as horticulture as primary uses, with other rural pursuits and rural industries as secondary uses in circumstances where they demonstrate compatibility with the primary use.

To maintain and enhance the environmental qualities of the landscape, vegetation, soils and water bodies, to protect sensitive areas especially the natural valley and watercourse systems from damage.

To provide for the operation and development of existing future and potential rural land uses by limiting the introduction of sensitive land uses in the Rural Zone.

To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

Caravan Parks and Camping Grounds Act 1995 (Statutory instrument)

Clause 7.(1) Application for grant or renewal of licence

Clause 7.(1) prescribes a licence must be obtained in addition to the grant of planning approval, as outlines below:

7.(1) An application for the grant or renewal of a licence for a facility is to be -

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(a) made to the local government in the appropriate prescribed form; and

(b) accompanied by the appropriate fee prescribed; and (c) accompanied by any information that the local government

reasonably requires for a proper consideration of the application.

Definition caravan park means an area of land on which caravans, or caravans and camps, are situated for habitation;

Caravan Parks and Camping Grounds Regulations 1997 (Statutory instrument)

Section 13. – Suitability of Land

Under this section the Local Government must be satisfied the subject land is suitable for camping before approval is granted under regulations 11(2) or 12(2) of this legislation, particularly with respect to safety, health and access to services.

Section 3. Terms Used nature based park means a facility in an area that — (a) is not in close proximity to an area that is built up with structures used

for business, industry or dwelling-houses at intervals of less than 100 m for a distance of 500 m or more; and

(b) has been predominantly formed by nature; and has limited or controlled artificial light and noise intrusion;

Schedule 7 – Div. 1 – General Provisions

For the most part the Local Government is granted discretion under the prescribed provisions 1 – 52 for a nature based park. These provision address the standards of access, facilities and services for caravan parks and camping grounds.

Relevant Plans and Policy: There is no specific plan or policy that applies to this land use.

Financial Implications: There is no specific financial implications applicable other than receipt of the planning application fee and future payment of annual $200 Camping Ground Licence fee should Council approve this application.

Risk Assessment: There is no identifiable risk in granting this planning approval other than the applicant may exercise a right of appeal with the State Administrative Tribunal (SAT) should there be a grievance against the Council decision on this proposal.

Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan <2021. Specifically, the proposed Nature Based Camping Ground application aligns to:

Function 2 – Land Use Planning

Action 2.3 – Process Development Applications

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Comment: 1. Public Submissions

The following matters a) to g) highlighted in blue italic text have been raised through the public submission period. A corresponding officer comment is also provided under each matter for Council’s consideration.

a) Scale of Camping Ground – While the proposed Camping Ground is minimal it will be easy to expand with more sites and more campers.

Officer Comment – It is agreed the six camp sites as proposed is minimal and low key from a tourist development perspective. Ordinarily, caravan parks and camping grounds can vary in scale up to 100 - 200 sites.

As to the suggestion of expanding the camping activity to beyond this application, the applicant would need to:

i. Lodge another application for planning approval that would involve further consultation with

the neighbouring property owners. ii. Apply for an amendment to the annual licence afforded under Clause 7.(1) the Caravan Parks

and Camping Grounds Act, 1995 should Council support this proposal and any further expansion.

Also, if the camping activity prove problematic or disruptive, the Council would need to determine if the annual licence should be renewed.

b) Amenity Impacts – The owners of the Camping Ground cannot guarantee campers will respect

peace and quiet generating excessive noise emanating from generators, over consumption of alcohol, and loud music/partying.

Officer Comment – Firstly this concern is somewhat speculative, and secondly, given the scale of the development at 6 camp sites, area of the property at 120 acres, the undulating nature of the property, the seclusion of the camp sites, and the distance to the closest residence of some 320 metres, it is unlikely noise emanating from the camping activity will have an adverse impact on the local amenity and result in a breach of the noise regulations. Ordinarily, the matter of excessive noise and/or consumption of alcohol leading to anti-social behaviour would be addressed through on-site management, with any rowdy or unruly campers being requested to leave (evicted) should the behaviour continue. If this failed the property owner would normally engage the police.

c) Privacy and Trespass – It is likely Campers will climb the adjoining property fences to the

detriment of the neighbour.

Officer Comment – It is accepted that a person could trespass on a neighbouring property, but can be appropriately addressed through on-site management as a condition of approval.

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d) Rural Ambience – The proposal will compromise the rural ambience of the area and deny the

landowners the entitlement of a quiet life.

Officer Comment – It is understood from discussions with the applicant that the cliental attracted to camp on their property are mainly ‘city dwellers’ seeking to experience the rural ambience and tranquillity that is on offer. As mentioned in a) above, given the scale of this proposal it is unlikely the occupation of six camp sites broadly disbursed across 120 acres will compromise the current lifestyle enjoyed by local residents.

e) Conflict with Farming Activities – The camping activity will conflict with agricultural practices and

potentially result in complaints against chemical spray and other impacts such as noise and dust, where liability for these issues should be absorb by the Shire.

Officer Comment – While noise from farming/agricultural activities carries a regulatory exemption, the matters of excessive dust and chemical spray drift (both air quality) are the responsibility of the landowner generating the nuisance to manage and accord with prescribed legislative standards and associated codes of practices. These requirements are in place irrespective of a particular land use being approved on a neighbouring property. Therefore, suggestion the Shire should be responsible for the liability of these nuisance issues is not practical, when there is a legal obligation placed on the farmer to conduct agricultural activities to a compliant standard as required by law.

f) Taking of Fire Wood – There is a risk that campers may enter neighbouring properties and

unlawfully take fire wood.

Officer Comment – This is a legitimate concern that can also be addressed through placement of a condition on the planning approval requiring the proponent to inform campers that the taking of firewood from a neighbouring property is unlawful and prohibited.

g) Use of Fire Arms - There is concern that come campers may use fire arms to shoot wildlife and

vermin such as rabbits and foxes.

Officer Comment – This occurrence is considered unlikely, but could rarely occur where again it can be appropriately addressed through on-site management as a condition of approval.

2. Other Considerations

As outlined in the statutory section of this report the applicant is required to obtain a second approval in the form an annual licence for the camping activity. Aside from the payment of the prescribe fee, the annual licence can also prescribes the standards to be applied to the camping activity. For the most part, given the proposal is nature based, this is at the discretion of Council under the guidance of the Caravan Parks and Camping Grounds Regulations, 1997. Under Schedule 7 of the Regulations the following standards need to be given due consideration and are usually applied to a typical Caravan Park or Camping Ground development, but as mentioned discretion can be applied given this proposal is deemed a Nature Based facility.

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Type of Regulatory Standards

Number of people per site, length of stay and access for people with disabilities.

Separation distances between sites.

Buildings, fences and hard stands.

Roads and parking.

Recreational areas.

Ablution and toilet facilities.

Laundry facilities.

Washing up facilities for campers.

Lighting.

Firefighting equipment.

Electricity.

Water supplies.

Waste water, sewerage and drainage.

Miscellaneous matters such as rubbish disposal and telephone access. Therefore, taking into account the scale and ‘nature based’ style of camping for this proposal, it is suggested the following standards should reasonably be applied to a camping licence, with relevant advice being placed on the planning approval should Council support this application.

a) The maximum number of campers per site is 10 people. b) The maximum stay is not to exceed 28 nights in any 3 month period. c) Each camp site is to:

- Have a minimum area of 25m2 - Be identified by a visible marker (1 to 6). - Be constructed to a compacted and levelled grass or gravel standard. - Be serviced by a 3.0 metre wide compacted gravel access road/track to 2 wheel drive

standard. d) At least one communal toilet and shower is to be provided for use by campers. e) At least one operational trailer mounted fire-fighting unit (petrol driven) and one fire

extinguisher to be available at the manager’s residence and accessible at all times. f) At least one 20,000 litre potable rain water storage tank with filling tap is to be provided for

use by campers, with a valve and configured coupling suitable to taking of water in the event of a bush fire.

g) A least two 80L rubbish bins to be provided at a designated location for use by campers. h) The provision of a hand-out pamphlet to camper’s that details:

- a map of property with designated camp sites, potable water, toilet and shower and rubbish disposal bins;

- emergency/management details and camping rules/directions, including anti-social behaviour, use of generators, trespass and taking of fire wood on neigbouring properties, lighting of fires, disposal of rubbish and general amenity.

i) Provision of signage that includes check-in office and directional to camp sites and communal camping facilities (ie shower/toilet, water supply, rubbish disposal etc.).

OFFICER’S RECOMMENDATION That Council grant planning approval for a Nature Based Camping Area on Lot 1358 Strange Road, Jelcobine pursuant to Schedule 2 Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following:

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Conditions 1. Should the use and associated development the subject of this approval, not be SUBSTANTIALLY

COMMENCED within a period of two (2) years from the date of this approval being granted, the approval shall lapse and be of no further effect. Where an approval has lapsed, the use shall not be carried out without the further approval of the responsible authority having first been sought and obtained.

2. Use and associated development of the approved Nature Based Camping Area shall be carried out in accordance with the terms of the application as approved herein, and the respective location plans that form part of this approval.

3. The Camping Ground use shall be limited to six (6) camp sites, unless otherwise further approved by Council through a separate application for planning approval.

Advice Notes The following advice notes are offered in addition to the notes provided in Form 4 of Clause 86 of the Deemed Provisions on the approval granted in condition(s) above:

a. This approval does not confer approval under other relevant legislation, including but not limited to, the Caravan Park and Camping Grounds Act, 1995. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire on (08) 9642 1106.

b. Nothing in the approval or these conditions shall excuse compliance with all relevant written laws in the commencement and carrying out of the approved use/development.

c. The applicant is advised of the need to lodge a formal application for an annual camping ground

licence pursuant the Caravan Park and Camping Ground Regulations, 1997 prior to commencement of the camping activity.

d. The applicant is advised that the following conditions/standards will be applied at the annual camping ground licence:

The maximum number of campers per site is 10 people. The maximum stay is not to exceed 28 nights in any 3 month period. Each camp site is to:

- Have a minimum area of 25m2 - Be identified by a visible marker (1 to 6). - Be constructed to a compacted/levelled gravel or grass standard. - Be serviced by a 3.0 metre wide compacted gravel access road to 2 wheel drive standard.

At least one communal toilet and shower is to be provided for use by campers. At least one operational trailer mounted fire-fighting unit (petrol driven) and one fire

extinguisher to be available at the manager’s residence and accessible at all times. At least one 20,000 litre potable rain water storage tank with filling tap is to be provided for

use by campers. A least two 80L rubbish bins to be provided at a designated location for use by campers. The provision of a hand-out pamphlet to camper’s that details: a map of property with designated camp sites, potable water, toilet and shower and rubbish

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disposal bins; emergency/management details and camping rules/directions, including anti-social behaviour,

use of generators, tress-pass and taking of fire wood on neighbouring properties, lighting of fires, disposal of rubbish and general amenity.

Provision of signage that includes check-in office and directional to camp sites and communal camping facilities (ie. shower/toilet, water supply, rubbish disposal etc.).

e. Any external signage associated with the camping area shall be the subject of a separate

planning application to the local government.

f. Should the applicant be aggrieved by the conditions of this planning approval, a right of appeal exists to the State Administrative Tribunal (SAT) subject to Part 14 of the Planning and Development Act 2005. Appeals must be lodged to SAT within 28 days. Further information can be obtained from the SAT website – www.sat.justice.wa.gov.au.

(Simple majority vote required)

Attachments 12.09.19.02A 12.09.19.02B

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Attachment 12.09.19.02A

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Attachment 12.09.19.02B

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12.09.19.03 WHEATBELT SECONDARY FREIGHT NETWORK PROGRAM – FORMALISATION OF COMMITMENT

File No: ADM 0219 Date of Meeting: 19 September 2019 Location/Address: Various Roads – Wheatbelt Regions North and South Name of Applicant: Wheatbelt Regional Road Groups North and South Name of Owner: Wheatbelt Regional Road Groups North and South Author/s: Wheatbelt Secondary Freight Network Steering Committee

Ian D’Arcy – Chief Executive Officer Authorising Officer: As above. Declaration of Interest: The author has no interest in this matter Voting Requirements: Simple Majority Previous Report: 16 May 2019 & 17 August 2018

Summary of Item: This item relates to a request from the Wheatbelt Secondary Freight Network (WSFN) Steering Committee for all associated 42 Local Governments to formalise their commitment to WSFN Program in order to be eligible for future funding and project consideration. According, a recommendation is presented by the WSFN Committee for consideration and formal resolution of Council.

Applicable to this request is also receival of the following documents:

Project Governance Plan as Attachment 12.09.19.03A

Program Delivery Plan as Attachment 12.09.19.03B

Multi Criteria Analysis as Attachment 12.09.19.03C

WSFN Map – March 2019 as Attachment 12.09.19.03D Description of Proposal: Broadly, the Wheatbelt Secondary Freight Routes Project seeks to establish a common Restricted Access Vehicle (RAV) road standard across municipal boundaries to aid in the safe and efficient movement of freight. The proposed Secondary Freight Network comprises 4,400km of Local Government managed roads that connect with State and National highways to provide access for heavy vehicles into the region. These roads are intended to enable large, high productivity trucks safe and cost effective access to business. Fundamentally, this item relates to the commitment and governance of the project across all 42 Local Governments that will receive benefit over the 4 distinct Stages, subject to ongoing commitment and funding from the other tiers of Government. Background: As an overview, all 42 Local Governments within the Wheatbelt Region have worked collaboratively for over the past 4 years to secure funding to improve secondary freight network routes on identified Local Government roads in the region. The WSFN Program has successfully been allocated $70 million of Federal funding (ROSI), matched with State funding of $17.5 million (reflecting the 80/20 funding agreement) for Stage 1 of the project.

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As for the State funding, this will be sourced on a ration of two thirds from the State and one third from the Local Government where assets are being upgraded during each stage. The available $87.5M will not be sufficient to upgrade all the identified 80 routes and good governance of this program, therefore ongoing collaboration between all parties is critical in securing additional funding for subsequent stages for all 42 Local Governments to benefit.

Accordingly, a Program Governance Plan (PGP) which identifies how key governance and administrative aspects will be undertaken to ensure successful delivery of the program is provided as Attachment 12.09.19.03A to this report. This document outlines the intended structure and processes for decision making and consultation within the Wheatbelt Region Regional Road Groups (WR RRG) and across the 42 Local Governments that have partnered to deliver this project. The PGP also seeks to provide a framework and guidelines for all members of the WSFN Program to operate within, and will be used to communicate to all stakeholders how the program will be governed. However, this document needs to be read in conjunction with the attached Program Delivery Plan (PDP) and the Multi-criteria Analysis (MCA) Methodology documents that provide operational details about how on-ground capital works will be delivered for Stage 1 and beyond. Now that the initial funding for the delivery of on-ground capital works for Stage 1 has been confirmed, it is important all 42 Local Governments formalise their commitment to WSFN Program to ensure be eligible for future project consideration and ongoing funding at the Commonwealth and State levels of Government. Therefore, the WSFN Steering Committee is formally requesting a commitment from each of the 42 local Governments through a formal resolution of Council acknowledging the presentation and acknowledgement of the following WSFN program documents:

Project Governance Plan (PGP)

Program Delivery Plan (PDP)

Multi Criteria Analysis (MCA)

The motion from each of the 42 Local Government Councils will be collated as addendums to a formal agreement executed between the respective Regional Road Groups and the Commonwealth and State Governments. Importantly, the WSFN program will formalise and solidify the ongoing commitment to this project and the defined governance framework. In order to demonstrate best outcomes and value for money the Steering Committee has adopted a transparent process to identify which routes have the highest priority for the limited available funding. This prioritisation involves the use of multi-criteria analysis (MCA) in scoring each route based on available data submitted by each Local Government and the Revitalising Agricultural Region Freight (RARF) strategy, with the latter being coordinated by the WA State Government. The criteria to be used in the MCA includes:

Data Set Description

ROSMA KSI Rate

ROSMA data will be supplied by Main Roads WA. It captures the rate of ‘Killed or Serious Injury’ (KSI) incidents on a route.

Seal Width The seal width of the road described as a percentage of the route length, allowing an average seal width will be applied across the route. Seal width will be compared to a minimum seal width of 7m as per a Type 5 road.

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Road Condition

Shire’s have assessed road condition on a one to five scale, which has been applied as a direct metric. Five indicating very poor condition

ADT Counts Average Daily Traffic counts provide data on the average number of total vehicles traveling on a road per day over the measurement period, capturing both heavy and light vehicle use.

ESA Counts An Equivalent Standard Axle is defined as a dual tyred single axle transmitting 8.2 tonne to the pavement. ESA counts are therefore reflective of the total number and load of heavy vehicles that impact a road.

The on-ground works for the WSFN program is expected to commence in the 2020/21 financial year, and be staged over a 3 to 5 year period depending upon the Commonwealth Government’s requirements. For this current financial year the WSFN Committee has identified 2 x pilot projects to commence, inclusive of on-ground works and refinement of project delivery methodologies and processes. Both road construction projects are projected to cost $1.0 million dollars each and involve the following Shires:

Wheatbelt North Regional Road Group ­ Shire of Victoria Plains ­ Lancelin to Meckering Route ­ Mogumber - Yarawindah Road ­ Project value $1M

Wheatbelt South Regional Road Group ­ Shire of Quairading ­ Cunderdin to Kweda Route ­ Cunderdin - Quairading Road ­ Project Value $1M

Officers from Local Governments with prioritised projects will be essential to ensure successful delivery of individual projects. It is presented by the WSFN Committee that this will provide a great opportunity for knowledge sharing and collaboration across the region. It will allow members of the Technical Team for the program to perform both informal and formal training with Local Government staff to upskill and improve their technical capacity. It is promoted that where possible neighbouring Local Governments will be encouraged to share technical, workforce and plant resources to assist in the efficient on-ground delivery of individual projects. Furthermore, the project governance will require:

Individual Shires to provide to the WSFN Steering Committee for approval before any funding will be released details of the road works involving the road project:

– Scope; – Budget; – Methodology; and – Delivery.

The WSFN 5 Year Plan be incorporated into the Local Government’s Long Term Financial Plan (LTFP).

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Individual Local Governments incorporate their funding and grant allocations into the Council’s annual Budget when the funding is programmed to be allocated.

Funding to be distributed to Local Governments via Main Roads WA as fundamentally the collection agency and clearing house for the Local, State and Commonwealth funding allocated to the WSFN program.

Statutory Environment: At this stage there is no statutory requirements applicable to this matter, with the WSFN program being administered through the already established Regional Road Group framework. Relevant Plans and Policy: This are no policy implications for Council at this stage. Financial Implications: Council has already committed $6,000 this financial year as a contribution towards project management for WSFN program. In projecting forward all 42 Local Governments over the course of the WSFN program will be required, and therefore need to commit financially towards an average of 7% ( this is variable of each individual project cost) of the overall cost of the program. The remaining funding will be provided by Commonwealth Government at 80% and State Government at 13%. As for the Shire of Brookton, the road upgrades identified within the WSFN program is the Southern portion Dangin-Meares Road and middle part of York Williams Road scheduled to be funded in Stage 3 of the program, York Williams is likely to have been fully upgraded prior to the WSFN funding being available.

Figure 1 – Extract of Wheatbelt Secondary Freight Network – Yellow lines

This presents the need for Council to include a projection of necessary funding in its Long Term Financial Plan (LTFP) for construction to occur based of a 7% contribution from the Shire (balance is grant funded) in year 10 of the LTFP, being 2029.

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Risk Assessment: While the WSFN Committee is seeking a motion from each of the 42 Wheatbelt Local Government to commit to this project and the proposed governance framework, as reflected in the Officer Recommendation, it should be understood that this approach alone is not sufficient to bind future Council’s to this program, which is projected to span some 20 years across 4 Stages of local government road network. This presents a couple of risks including:

1. The possibility that some local governments may incur a shift in priorities over time resulting in this commitment being altered or revoked by specific Council’s placing at risk the allocation of the local government’s portion of funding to this project, and a possible withdrawal of local governments from the overall program.

2. Premised on point 1. above, also at risk is: a) The overall program as a completed freight network for the Wheatbelt, with portions of road

not being upgraded to accord with the prescribed Restricted Access Vehicle (RAV) standards, rendering the project a partial incomplete once finished.

b) A probability the flow of grant funding could be interrupted or denied for future stages of the WSFN program, and future collaborative projects across local government generally.

In order to negate these risks it would be prudent for all 42 Local Governments to commit through a legally binding instrument, such as a Deed, that details the governance approach and deliverables of all the Local Governments involved in a consistent and transparent manner. This would provide certainty throughout the program spanning some 20 years. Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan <2021. Specifically, the Wheatbelt Secondary Freight Routes Program aligns to:

Function 1 Governance Action 1.13 – Support regional relations and attend meetings

Function 9 Asset Management Action 9.19 – Review Asset Management Plan – Rural Road Network Condition

Assessment and Capital Works Program (incl. RAV rating) Comment To date, Council has demonstrated its commitment to this project that has involved a resolution of such at its April 2017 meeting and again at its May 2019 with the allocation of the $6,000 as a small contribution. Initially, this fund was pledged as contribution support the Building Better Regions grant application but has shifted to be a contribution to the project management costs. With the Council’s $6,000 contribution having been previously pledged to the WSFN project, and the success by the Working Group in securing the $70M in Commonwealth funding for Stage 1 and $100,000 from the State Government for project management, it is reasonable that all 42 local governments continue to demonstrate their commitment to the project. In endorsing the Recommendation for the WSFN Committee under the auspice of the Regional Road Group it demonstrates the Council is

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genuinely supportive and committed to the WSFN program, and respective governance, delivery and selection criteria documents continues to remains strong at this stage. However, as highlighted in the Risk Assessment above the lack of a binding commitment by all 42 local governments could over time see change in priorities from some individual local governments resulting in the project being compromised, and other local governments being denied funding for subsequent stages. From an officer perspective, this needs to be understood by the respective local governments, the WSFN Committee and both Regional Road Groups chartered to guide and manage this project. Therefore, it is recommended that Council sign off on the recommendation from the WSFN Committee and additionally recommend to the Wheatbelt Region Road Group that a more binding legal agreement, such as a Deed, should be introduced and executed by all local governments demonstrating a waivered commitment before the network is assessed using the MCA and funding is allocated. WHEATBELT SECONDARY FREIGHT NETWORK STEERING COMMITTEE RECOMMENDATION That Council:

1. Formalise their commitment to the program the Wheatbelt Secondary Freight Network Program enabling them to be eligible for future funding and project consideration.

2. Receive the following WSFN Program documents which outline how the WSFN Steering Committee propose to administer the WSFN Program: ­ Program Governance Plan ­ Program Delivery Plan ­ Multi Criteria Analysis Methodology.

3. Endorse the processes and procedures outlined in the Program Governance Plan which enables

the Wheatbelt North and Wheatbelt South Regional Road Groups and the WSFN Steering Committee to make decisions in accordance with in the Program Governance Plan.

(Simple majority vote required) OFFICER RECOMMENDATION That Council inform the Wheatbelt North and Wheatbelt South Regional Road Groups and the Wheatbelt Secondary Freight Network (WSFN) Steering Committee that while its supports and is committed to the WSFN program, it of the firm view that all 42 Local Governments need to commit through a legally binding instrument, such as a Deed, that details the governance approach and deliverables expected of all the Local Governments involved in a consistent and transparent manner. This approach is presented for consideration as it will provide a reasonable level of certainty throughout the program, spanning some 20+ years, and negate the inherent risk of shifting priorities of some local governments over time, resulting in their commitment being altered or withdrawn possibly putting in jeopardy:

a) The aim to deliver an integrated freight network, as intended across all 4 stages of the WSFN

program. b) The opportunity for other Local governments to receive benefit through a defined and

coordinated approach to movement of agricultural freight for years to come. c) Funding for other collaborative local government initiatives into the future.

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(Simple majority vote required)

Attachments Attachment 12.09.19.03A – Project Governance Plan Attachment 12.09.19.03B – Program Delivery Plan Attachment 12.09.19.03C – Multi Criteria Analysis Attachment 12.09.19.03D – WSFN Map – March 2019

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Attachment 12.09.19.03A

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Attachment 12.09.19.03B

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Attachment 12.09.19.03C

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Attachment 12.09.19.03D

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12.09.19.04 PROPOSED RURAL INDUSTRY – GRAIN RECEIVAL AND STORAGE FACILITY LOT 814 BROOKTON – CORRIGIN ROAD, BROOKTON

File No: A894 Date of Meeting: 19 September 2019 Location/Address: Lot 814 Brookton - Corrigin Road Brookton Name of Applicant: Mr T Lange Name of Owner: Tianco Pty Ltd Author/s: Ian D’Arcy – Chief Executive Officer Authorising Officer: As above Declaration of Interest: The author does not have an interest in this item Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: The Council is in receipt of a planning application seeking Council approval for a proposed Grain Receival and Storage Facility to be established on Lot 814 Brookton Corrigin Road Brookton. Lot 814 as depicted in the aerial photo provided as Figure 1 to this report is 43.7 hectares (107.9 acres) in area.

Figure 1 – Location Plan

In summary the Officer Recommendation is to conditionally support the proposed development aligned to the definition of ‘Rural Industry’. Description of Proposal: This proposal has been instigated by the landowner having been approached by two independent companies to establish a grain revceival depot, given the properties strategic location. This application is for Stage 1 of the development that involves construction of three (3) new open bulkhead grain storage facilities each measuring 75 metres in length, 25 metres in width and 6 metres in height, with an overall holding capacity 10,000 tonnes.

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The application in summary also advocates there will be:

A truck parking/queuing area and a temporary/portable weigh bridge with hut provided on-site.

Access/egress to the site will be from Yeo Road and former Brookton – Corrigin Road to the south-west corner of the property.

An internal road network and truck parking areas constructed to a compacted gravel standard, with dust suppression methods in place using water from an on-site dam. The intent is to upgrade these areas to a bitumen standard in subsequent stages as tonnage of grain increases and further bulkheads are required.

A configuration of haulage vehicles from RAV 4 to RAV 7, with projected movement of between 2-5 vehicles per day.

Noise generated no greater than a typical large scale farming operation, with the vehicles and machinery (mainly loading escalator and front end loader) operating 7 days per week between the hours of 6.00 am and 9.00 pm.

Tarping and fumigation of the grain as required. Figure 2 illustrates the layout of Stage 1 within the north-west corner of the lot. Figure 3 shows a typical bulk head grain storage bin.

Figure 2 – Proposed Site Layout

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Figure 3 – Illustrative photo of open bulk storage facilities

A copy of the complete application is appended to this report as Attachment 12.09.19.04A. Background: As provided in the application the proponent is seeking to establish a grain receival depot in Brookton. On assessment, including review of aerial photography of Lot 814, the following site characteristics exist:

Site Assessment

Existing Development Lot 814 presently accommodates an operational extractive industry within the eastern portion of the property, as evident in Figure 1 above. The balance of the arable farming pasture previously used for cropping purposes.

Existing Services Reticulated power is available at the property boundary.

Vehicular Access Access is taken from the former disregarded portion of Brookton Corrigin Road at the south eastern corner of the property. This access is gated with a crossover that predominantly serves the existing extractive industry.

Topography The property presents with a gradual fall from north to south.

Vegetation Lot 814 is devoid of any vegetation – refer to Figure 1 above.

Soil Type/s Predominantly sand with some gravel loam clay mix.

Surrounding Land-use The land adjoining is all farming except to the north west. This land is Crown Land that accommodates the Brookton Golf Course and Clubhouse.

Bushfire Attack Level (BAL) Assessment

Lot 814 partially falls within the Bushfire Prone Area as illustrated below, however due to the nature of the application and landuse the applicant does not need to submit a BAL assessment to determine the measures required for mitigation – see Figure 4 below. Fire hydrant requirements and measures to be addressed under the Building Code of Australia (BCA) requirements or alternatively an onsite firefighting unit is to be provided.

Figure 4 – Bushfire Prone Map – Sourced from DEFS

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Consultation: Upon receipt, the application was referred to adjoining landowners and Main Roads WA to comment on the proposal within a 21 day period. At conclusion of the referral process a total of three submissions has been received with one objecting and two in support, including Main Roads WA. A copy of each submission is also appended as Attachment 12.09.19.04B for Council’s reference. Statutory Environment: As to the planning framework, a Rural Industry is assessment and subsequently determined in line with the Shire of Brookton Town Planning Scheme No.3, with due regard to the provisions outlined in Local Planning Scheme (LPS) No.4. Additionally, Council is to also have regard for valid comments or concerns raised by members of the public through the formal adverting process. Accordingly, the following table provides a summary of legal and other requirements in relation to this proposal:

Shire of Brookton Town Planning Scheme (TPS) No. 3 (Statutory instrument)

Current Zoning “Farming” zone – See extract of Zoning Map below.

Figure 5 – Extract of Zoning Map 4

Permissibility (Table 1 – Zoning Table)

Table 1 – Zoning Table of TPS 3 qualifies a Rural Industry as an ‘AA’ use. This means Council has discretion to approve the respective uses with or without relevant planning conditions or refuse the proposal with valid planning reasons.

Definitions The draft TPS 3 stipulates the definition of a Rural Industry to be: (a) An industry handling, treating, processing or packing rural

products; or (b) A workshop servicing plant or equipment used for rural purposes.

Objectives The Council’s TPS 3 nominates some of the objectives of the Farming Zone to:

To protect the potential of agricultural land for primary production and to preserve the landscape and character of the rural areas.

To provide for a range of rural pursuits such as broad-acre and diversified farming which are compatible with the capability of the land and retain the rural character and amenity of the locality.

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Planning and Development (Local Planning Scheme) Regulations 2015 (Statutory instrument)

Schedule 2; Part 9; Clause 68(2)

This clause empowers Council to determine Development Applications under the planning legislation having regard to the zoning and other Scheme provisions pertinent to the application under consideration.

Schedule 2; Part 9; Clause 76 (1) and (2)

This part of the Planning Regulations affords the applicant the right to apply to the State Administration Tribunal (SAT) for a review of the Council’s decision in relation to the decision on the proposed use and or development of the land.

Shire of Brookton and Beverley Local Planning Strategy – April 2014 (Strategic document)

10.2 General Agriculture and Land Use (Page 51)

Section 10.1 of the Shire of Brookton Local Planning Strategy states the Council will:

a) Support initiatives to enhance the productivity of agricultural areas through: - Working to ensure that sufficient water supplies are made available to

agriculture; - Minimising the impact of agricultural practices and extraction or use of

natural resources on the environment; - Encouraging the establishment of value-adding industries in

appropriate locations to maximise economic advantages to the district. Further, Section 10.2 stipulates that Council should take into account the following in considering development proposals:

a) Discourage land uses unrelated to agriculture from locating on agricultural land (unless the proponent suitably demonstrates there are exceptional circumstances to the satisfaction of Council);

b) Other elements of the Strategy including protecting environmental assets, servicing and landscape impact;

c) Provide adequate separation distance between potential conflicting land uses. The proposed development or use should contain all potentially conflicting effects within the property on which it is located;

d) Buffer distances to enable agricultural uses to continue to operate without undue restrictions. The buffers to agricultural land are accommodated within the site subject to the proposal and not within adjoining land;

e) How the proposal will not detrimentally impact on existing agricultural operations and outline how the proposal will contribute to sustainable agricultural production in the area;

f) Discourage development that may result in land and environmental degradation.

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Draft Shire of Brookton Local Planning Scheme (LPS) No. 4 (Statutory instrument - pending)

Proposed Zoning ‘Rural’ zone and Special Control Area (SCA) No.3 – See extract of Zoning Map 4 below.

Figure 6 – Extract of draft Zoning Map 4

The SCA No.3 seeks to protect future extraction of raw materials.

Permissibility Table 1 – Zoning Table of draft LPS 4 specifies Industry - Primary Production is an ‘A’ (discretionary following mandatory advertising) use. This means has ability to exercise discretion on the Grain Receival and Storage use based on relevant planning considerations following a public submission process.

Definitions The definitions for the respective land use in draft LPS 4 is: Industry - Primary Production means premises used —

(a) to carry out a primary production business as that term is defined in the Income Tax Assessment Act 1997 (Commonwealth) section 995-1; or

(b) for a workshop servicing plant or equipment used in primary production businesses.

Objectives – 16.2.4 Rural Zone

The draft LPS 4 stipulates the objectives of the Rural Zone are:

To manage land use changes so that the specific local rural character of the zone is maintained or enhanced;

To protect broad acre agricultural activities such as cropping and grazing and intensive uses such as horticulture as primary uses with other rural pursuits and rural industries as secondary uses in circumstances where they demonstrate compatibility with the primary use;

To maintain and enhance the environmental qualities of the landscape, vegetation, soils and water bodies, to protect sensitive areas especially the natural valley and watercourse system from damage;

To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses in the Rural zone;

To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

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Environmental Protection Act 1986 (Statutory instrument)

Generally This legislation regulates environmental impacts arising from emissions that may be adverse and detrimental in affecting health and wellbeing of residents and/or the natural environment. Pertinent to this application is the concern dust. Specifically, Part V of the EP Act states that where pollution or environmental harm arising from dust generation is likely to occur, the general pollution prevention provisions of the Act may apply. These provisions refer to compliance with emission standards and taking all practical measures to prevent or minimise emissions.

Environmental Protection (Unauthorised Discharges) Regulations 2004 (Statutory instrument)

Generally Materials prohibited as listed in Schedule 1 of the Unauthorised Discharges Regulation includes dust produced by a mechanical process including cutting, grinding, sawing, sanding, polishing and processing.

Guidance for the Assessment of Environmental Factors – Seperation Distances between Industrial and Sensitive Land Use – No. 3 – June 2005

(Guidance document)

Generally This Guidance Statement has been prepared to provide a guide to a practical separation distance that should be set and maintained between an industry and sensitive land use (such as a residence). In recognition that a site-specific technical study may not be necessary in all situations, generic separation distances have been developed by the Department Water and Environmental Regulation (DWER) and other regulatory authorities in consideration of amenity impacts from gaseous, dust, noise and odorous emissions, as well as with elevated levels of off-site risk to the public.

Definitions The relevant definitions extracted from the Guidance Statement are: - Buffer: means all the land between the boundary of the area that may

potentially be used by an industrial land use, and the boundary of the area within which unacceptable adverse impacts due to industrial emissions on the amenity of sensitive land use are possible. This may be represented by the separation distance.

- Industrial land use, industry: means a general term used in this Guidance Statement to encompass a range of industrial, commercial and rural land uses and infrastructure associated with emissions that may affect the amenity of sensitive land uses.

- Sensitive land use: means land use sensitive to emissions from industry and infrastructure. Sensitive land uses include residential development, hospitals, hotels, motels, hostels, caravan parks, schools, nursing homes, child care facilities, shopping centres, playgrounds and some public buildings. Some commercial, institutional and industrial land uses which require high levels of amenity or are sensitive to particular emissions may also be considered.

- Grain cleaning (no milling) means premises on which grain or seed is cleaned, graded, sorted or processed.

Grain elevator means grain transfer using conveyor belts etc.

Appendix 1 The table under Appendix 1 prescribes Grain Cleaning and/or Grain Elevator use to have a buffer distance from a sensitive land use of 500 metres for noise,

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dust and odour.

EPA guidance statement: A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities –

March 2011 (Guidance document)

Generally This 2011 Guidance Statement has been established by the Environmental Protection Authority (EPA) to afford direction on managing activities that can generate dust and smoke, and is specifically aimed at providing practical advice for the development and documentation of management strategies, plans and programs aimed at controlling impacts of dust.

Part 4.0 – Dust Management Plan

Local governments are encouraged to apply as a condition of planning approval a dust management plan to be prepared before commencement of the use or development with emphasis on appropriate management, monitoring and reporting.

State Planning Policy 3.7 – Planning in Bushfire Prone Areas (Statutory instrument – tied to Planning Regulations)

Generally State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP 3.7) directs how land use should address bushfire risk management across WA. It applies to all land which has been designated as bushfire prone by the Fire and Emergency Services (FES) Commissioner as highlighted on the Map of Bush Fire Prone Areas. SPP 3.7 a guide to implementing effective risk-based land use planning to preserve life and reduce the impact of bushfire on property and infrastructure.

6.2 Strategic planning proposals, subdivision and development applications

Section 6.2 of SPP 3.7 a) states: a) Strategic planning proposals, subdivision and development applications

within designated bushfire prone areas relating to land that has or will have a Bushfire Hazard Level (BHL) above low and/or where a Bushfire Attack Level (BAL) rating above BAL-LOW apply, are to comply with these policy measures.

b) Any strategic planning proposal, subdivision or development application in an area to which policy measure 6.2 a) applies, that has or will, on completion, have a moderate BHL and/or where BAL-12.5 to BAL-29 applies, may be considered for approval where it can be undertaken in accordance with policy measures 6.3, 6.4 or 6.5.

c) This policy also applies where an area is not yet designated as a bushfire prone area but is proposed to be developed in a way that introduces a bushfire hazard, as outlined in the Guidelines.

Planning Bulletin 111/2016 – Planning in Bushfire Prone Areas

(Guidance document – tied to SPP 3.7)

5. Exemptions Planning Bulletin 111/2016 states exemptions from the requirements of SPP 3.7 includes:

- Where the development does not involve the occupation of employees on site for any considerable amount of time;

- Infrastructure involving roads, telecommunications and damns and the like; - Rural activities, including piggeries, chicken farms, milking facilities and the

like.

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Relevant Plans and Policy: There are no specific plans or policy documents that apply to this proposal other than those specified in the Statutory Section of this report, including:

- Respective policy statements in the Shire of Brookton Local Planning Strategy – April 2014; - The BAL requirements under State Planning Policy 3.7.

Financial Implications: Other than receipt of the statutory planning application and future building application fees the other financial considerations are:

a) An escalation in road maintenance costs, particularly for Yeo Road, being a local road, with an increase in heavy transport movements. At this stage this cost is unknown.

b) A possible cost should an appeal be lodged by the applicant with the State Administration Tribunal (SAT). At this stage such cost is unknown.

Risk Assessment: The obvious risks associated with this application, includes:

1. Road maintenance – Council needs to be cognisant the increase in grain receival and storage will generate a greater impact on the local road network from a maintenance perspective. This presents a financial impost and poses an increased risk for road safety should the maintenance not be adequately delivered. Although considered minor given the projected tonnage for this application, the Council still needs to give consideration to maintaining the local road network around the proposed facility.

2. Right of appeal - The applicant could potentially exercise a right of appeal with the State Administration Tribunal (SAT) should it consider the proposed development has unfairly been assessed and determined or the conditions of approval be onerous and contrary to the statutory planning framework. This is assessed as a low risk.

Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan <2021. Specifically, the proposed Grain Receival and Storage Facility aligns to:

Function 2 – Land Use Planning

Action 2.3 – Process Development Applications Comment 3. Public Submissions

Following are the matters raised by the public submission objecting to the proposal, accompanied by an officer response from a planning perspective.

a) The subject area carries a high landscape profile, and the soils types are fragile and prone to wind

erosion if disturbed. Officer response – In relative terms it can be argued the visual impact of open bulk storage is

generally accepted rural landscape and should not adversely reflect on the general amenity of the area.

The concern about disturbance of soils and generation of dust is acknowledged and should be consistently monitored and managed through a condition of planning approval should Council proceed to support this application.

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b) The subject property is surrounded by land that could be required for Rural Residential and Rural

Small Holding in the future. Officer response – While some of the surrounding land has been identified in the Shire Local

Planning Strategy for possible future rezoning and subdivision to afford ‘lifestyle’ lots on the edge of Brookton, this identification is strategic and not assured. Furthermore, it does not preclude Council from assessing and determining appropriate land use aligned the current zoning being ‘Farming’. The proposed development appropriately aligns to this zoning as a typical ‘Rural Industry’.

c) Prevailing south easterly winds could create dust problems for local residents and sporting

facilities now and into the future.

Officer response – As mentioned, this a legitimate concern that can be addressed thorough a dust management plan be prepared and adhered to as a condition of approval. Furthermore, it is assessed the proposed bulk storage bins will be some 850 metres to the closest residence and 1,000 metres from the Brookton Country Club, when the EPA’s Guiding Statement No.3 prescribes a desired generic distance of 500 metres.

4. Other Planning Considerations

Notwithstanding the concerns raised during the public submission period, consideration also needs to be given to the following matters through the imposition of conditions or advice, should Council proceed to grant planning consent for the proposed development.

a) Separation Distance and Dust Management – The distance to the closest residence as measured

using scaled aerial photography is approximately 850 to the north-west, with the Country Club is approximately 1,000 metres to the west. This is in the order of 350 and 500 metres respectively beyond the prescribed distance under the EPA’s Guiding Statement No.3.

However, although this not likely to be an issue, there is still a need for dust emanating from the site to be managed so as to not impact passing traffic on the Brookton – Corrigin Road. As already mentioned, this should be done through a specific condition applied to the planning approval if Council is supportive of this proposal.

b) Vehicle Access, Manoeuvring, and Parking Areas - It is not perceived that access to the site will present any issues. The submission from Main Roads WA does not present any additional requirements in regard to this proposal, and Yeo Road is designated as suitable for haulage that already serves the CBH Grain Receival Depot. The request for areas around and between the proposed grain storage facilities to be gravel is accepted given the scale of the development and projected number of vehicle movements per day. However, this will not negate the need for management of dust through effective mitigation measures. While the use of water is proposed, additionally a binding agent should be applied when constructing and maintaining the gravel pavement. In this regard, further consultation should be entertained between the Shire’s Manager Infrastructure and Regulatory Services and applicant to ensure this matter is appropriate addressed, including compliance with Australian Standard for vehicle access and egress to/from the site.

c) Internal Signage – Importantly from a safety perspective appropriate directional measure should

be provided within the proposed grain receival site that clearly delineates:

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- vehicle access and egress points to/from the site; - direction to the heavy vehicle weigh bridge; - dedicated loading/unloading areas premised on site safety; - internal vehicle circulation and identified clear ways, again premised on site safety and

operational efficiency; - adequate dedicated areas for heavy vehicle queuing, parking and plant/equipment storage; - Site office/hut location and check-in procedure; - Site safety and emergency signage, including contact and response information, fire hydrant

placement and muster point designations.

d) Site Drainage – Upon review of the application and size of the property it is not considered water run-off will be an issue for Stage 1.

e) Landscape/tree planting – In consideration of the tree planting already performed by Main

Roads WA adjacent to the northern boundary of the property it is accepted that no further works is required at this stage.

f) Fire Management – Fire mitigation is a strong consideration heightened by the dense vegetation

located adjacent to the western boundary and south-west corner of the property. This presents a significant risk to not only the Tianco operations, but also the Brookton townsite. Accordingly, this matter requires attention through the placement of trailer mounted firefighting unit on-site, serviceable at all times.

OFFICER’S RECOMMENDATION That Council grant planning approval for a Rural Industry – Grain Receival Facility on Lot 814 Brookton-Corrigin Road, Brookton pursuant to Schedule 2 Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following: Conditions 1. Should the development, the subject of this approval, not be SUBSTANTIALLY COMMENCED within

a period of two (2) years from the date of this approval being granted, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further approval of the responsible authority having first been sought and obtained.

2. Development of the approved Grain Receival Facility shall be carried out in accordance with the terms of the application as approved herein, and the respective plans inclusive of site plan, floor plans and elevations that form part of this approval.

3. Access/egress to the Grain Receival Facility from Yeo Road shall be constructed in accordance with Australian Standards to minimum two coat bitumen seal (or similar) - refer to advice note d., and be clearly sign posted to the satisfaction of the Local Government.

4. All vehicle access, manoeuvring, and parking around and between the proposed grain storage facilities shall be constructed to a minimum compacted gravel standard (or similar) to the satisfaction of the Local Government - refer to advice note: d.

5. All trafficable areas within the Grain Receival Facility shall be sign posted to clearly delineate: - direction for heavy vehicles to the weigh bridge upon entering the site; - dedicated loading/unloading areas; - internal vehicle circulation and marked clear ways;

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- dedicated areas for heavy vehicle queuing and parking, and storage of plant/equipment;

6. A signage plan shall be prepared for endorsement by the Local Government, with all signage to be implemented prior to commencement of operations. Such signage shall include (but is not be limited to) the following to the satisfaction of the Local Government:

- All directional signage within the facility as required under Condition 5. of this approval; - Identification of signage for the vehicle access and vehicle egress points to/from the grain

receival facility as required under Condition 3. of this approval; - Site safety and emergency information sign (inclusive of contact and emergency response

actions, fire-fighting equipment, and designated emergency muster points) located at the entry of the grain receival facility.

7. A trailer mounted firefighting unit shall be provided on-site, and be maintained to serviceable

condition at all times.

8. A Dust Management Plan shall be prepared and submitted within six (6) months from the date of this approval for the grain receival and storage operations on Lot 814, with incorporation of routine monthly monitoring and reporting to ensure compliance with the air quality standards.

Advice Notes The following advice notes are offered in addition to the notes provided in Form 4 of Clause 86 of the Deemed Provisions on the approval granted in condition(s) above:

a. This approval does not confer approval under other relevant legislation, including but not limited

to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire’s Building sections on (08) 9642 1106.Nothing in the approval or these conditions shall excuse compliance with all relevant written laws in the commencement and carrying out of the development.

b. The applicant is advised a Building Permit may be required for the bulk storage facilities prior to commencement of any building works. This matter has been referred to the Shire Contract building Surveyor for further review in accordance with the Building Act, 2011 and Building Code of Australia (BCA).

c. With reference to Conditions 3 and 4 the applicant is encouraged to contact the Shire’s Manager Infrastructure and Regulatory Services on 9642 1106 to gain clarity on the standard of construction required.

d. With reference to Condition 7. the firefighting unit is to accord with the standards as prescribed by the Department of Fire and Emergency Services (DEFS).

e. With reference to Condition 8 the standard of air quality monitoring and reporting needs to accord with the EPA guideline ‘A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities – March 2011’.

f. Should the applicant be aggrieved by the conditions of this planning approval, a right of appeal exists to the State Administrative Tribunal (SAT) subject to Part 14 of the Planning and

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Development Act 2005. Appeals must be lodged to SAT within 28 days. Further information can be obtained from the SAT website – www.sat.justice.wa.gov.au.

(Simple majority vote required)

Attachment 12.09.19.04A – Planning Application, Supporting Documentation 12.09.19.04B – Submissions

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Attachment 12.09.19.04A

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Attachment 12.09.19.04B

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12.09.19.05 PROPOSED RURAL INDUSTRY – ADDITIONAL GRAIN RECEIVAL AND STORAGE FACILITY LOT 550 SEWELL STREET BROOKTON – REQUEST TO AMEND PLANNING APPROVAL CONDITIONS

File No: A338/P2642

Date of Meeting: 19 September 2019 Location/Address: Lot 550 Sewell Street Brookton Name of Applicant: CBH Group

Name of Owner: GJ and JK Bassett Author/s: Ian D’Arcy - CEO Authorising Officer: As above Declaration of Interest: The author does not have an interest in this item Voting Requirements: Simple Majority

Previous Report: 15 August 2019

Summary of Item: In summary this item related to Planning Approval P2017/014 and a request for the applicant to amend the conditions of approval. In consideration of this request following a discussion at officer level the recommendation to Council is to grant a relaxation to some of the conditions as requested. In summary the Officer Recommendation is to conditionally support the proposed development aligned to the definition of ‘Rural Industry’. Description of Proposal: As Council is aware, the CBH proposal is to:

a) Extend the existing receival and storage facility located on Lot 100 Sewell Street, Brookton by further bin storage being established on Lot 550 that adjoins to the east as shown in Figure 1 below.

Figure 1 – Location Plan

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b) Construct four (4) new open bulkhead grain storage facilities with an overall

capacity 98,400 tonnes, a temporary/portable weigh bridge, and sealed site entry and egress points, internal road network and some line marking to guide vehicle circulation as detailed in Figure 2.

Figure 2 – Proposed Site Layout

However, following the grant of Planning Approval correspondence has been received from the applicant seeking a relaxation or amendment to the planning conditions. A copy of CBH’S request is appended to this report as Attachment 12.09.19.05A.

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Background: As provided in the initial application, CBH is seeking to expand its receival depot in Brookton as part of its rationalisation program to achieve greater efficiencies. It subsequently received planning approval as reflected in the following motion passed by Council at its August 2019 Ordinary Meeting: OCM 08.19-02 COUNCIL RESOLUTION MOVED CR FANCOTE SECONDED CR MILLS That Council grant planning approval for a Rural Industry – Additional Grain Receival Facility on Lot 550 Sewell Street, Brookton pursuant to Schedule 2 Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following conditions: Conditions 1. Should the development, the subject of this approval, not be SUBSTANTIALLY

COMMENCED within a period of two (2) years from the date of this approval being granted, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further approval of the responsible authority having first been sought and obtained.

2. Development of the approved Grain Receival Facility shall be carried out in accordance with the terms of the application as approved herein, and the respective plans inclusive of site plan, floor plans and elevations that form part of this approval.

3. Access/egress to the Grain Receival Facility from Sewell Street shall be constructed in accordance with Australian Standards to minimum two coat bitumen seal (or similar) - refer to Advice Note D.

4. All vehicle access, manoeuvring, and parking, around and between the proposed Grain Storage Facilities shall be constructed to a minimum two coat bitumen standard (or similar) to the satisfaction of the Local Government - refer to Advice Note D.

5. All trafficable areas within the Grain Receival Facility shall be line marked to clearly delineate:

a. direction for heavy vehicles to the weigh bridge upon entering the site; b. dedicated loading/unloading areas; c. internal vehicle circulation and marked clear ways; d. dedicated areas for heavy vehicle queuing and parking, and storage of

plant/equipment;

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6. A signage plan shall be prepared for endorsement by the Local Government, with all signage to be implemented prior to commencement of operations. Such signage shall include (but is not be limited to) the following to the satisfaction of the Local Government:

7. Identification of the vehicle access and vehicle egress points to/from the Grain Receival Facility;

a. Designated queuing and parking areas within the Grain Receival Facility; b. ‘No Parking’ signs on Sewell Street; c. Site safety and emergency information sign (inclusive of contact and

emergency response actions, fire-fighting equipment, hydrant locations, and designated emergency muster points) located at the entry of the Grain Receival Facility.

d. Detour signage affording continuity of vehicle movement around the Grain Receival Facilities to be positioned/installed in consultation with and consent of the Shire’s Manager of Infrastructure and Regulatory Services.

8. Trains are not permitted to sit stationary obstructing the Brookton Highway and the southern level crossing connecting William Street to Robinson Road at the same time.

9. Trains are not permitted to sit stationary resulting in obstruction of Richardson Street for periods exceeding 10 minutes without approved detour signage being erected to the satisfaction of the Local Government - refer to Advice Note E.

10. Site drainage shall be installed in accordance with the McDowall Affleck Consulting Engineers Stormwater Design Report to manage the flow of water run-off and filtration before discharge into the natural environment.

11. A landscape/tree planting program being implemented along the western boundary of Sewell Street within six (6) months from the date of this approval to afford additional buffering to the adjoining residential properties.

12. The existing Dust Management Plan shall be revised within six (6) months from the date of this approval to include both the existing and proposed grain receival and storage operations on Lot 100 and Lot 550, with incorporation of routine monitoring and reporting to ensure compliance with the air quality standards - refer to Advice Note F.

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Advice Notes The following advice notes are offered in addition to the notes provided in Form 4 of Clause 86 of the Deemed Provisions on the approval granted in condition(s) above:

a. This approval does not confer approval under other relevant legislation, including

but not limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and to obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire’s Building Department on (08) 9642 1106.

b. Nothing in the approval or these conditions shall excuse compliance with all

relevant written laws in the commencement and carrying out of the development.

c. The applicant is advised a Building Permit is required for the Bulk Storage

Facilities prior to commencement of any building works.

d. With reference to Conditions 3 and 4 the applicant is encouraged to contact the Shire’s Manager of Infrastructure and Regulatory Services on (08) 9642 1106 to gain clarity on the standard of construction required.

e. With reference to Condition 8, an agreed procedure is to be presented to the

Local Government that provides clear understanding and assurance on the placement of detour signage.

f. With reference to Condition 11, the standard of air quality monitoring and report

needs to accord with EPA guidance statement no. 18: Prevention of Air Quality Impacts from Land Development Sites.

g. The applicant is advised the Council is open to formal closure of:

i. Sewell Street from Yeo Road to the Rail Line Spur, with this portion of road

reserve being amalgamated with the existing CBH land holdings subject to all associated costs for the closure process and land being acquired by CBH.

ii. Bartram Street from Sewell Street through to Richardson Street, with this road reserve being amalgamated with the existing CBH land holdings subject to all associated costs for the closure process, and land being acquired by CBH and converted to a vegetation screen corridor to enhance the buffer between neighbouring and nearby residences.

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h. Should the applicant be aggrieved by the conditions of this planning approval, a right of appeal exists to the State Administrative Tribunal (SAT) subject to Part 14 of the Planning and Development Act 2005. Appeals must be lodged to SAT within 28 days. Further information can be obtained from the SAT website – www.sat.justice.wa.gov.au.

CARRIED BY SIMPLE MAJORITY VOTE 5-0

Upon receipt of the planning approval a telephone meeting was entertained between CBH and Shire staff as to the possibility of some conditions of the approval being amended. As a consequence of this conversation correspondence has now been received from CBH seeking Council’s consideration to amending and relaxing the relevant conditions of the current planning approval P2017/014 as detail below: Conditions 3 and 4 – CBH is proposing to ‘staging in’ the development based on constructing two of the four open bulkhead storage bins for the coming 2019 harvest period, with the other two bins being constructed prior to the 2020 harvest. The request is that Council relax the condition to support a compacted gravel pavement opposed to a two coat bitumen seal for this year, and apply the bitumen as part of the construction to the second two bins in 2020. It was verbally indicated this would be supported at an officer level. Condition 5 – In light of the non-sealed pavement, the provision of line-marking is deemed impractical for the first stage of development. The applicant requested a relaxation of this condition with sign posting (some movable) and markers to be install as an interim measure for the first two bins. The line marking be completed as part of the second stage, being the second two bins in 2020. Similarly this was verbally accepted at officer level. Condition 6 - The applicant sought recognition the site will not be serviced by a reticulated fire hydrant system due to the lack of mains water pressure and capacity, and alternatively will provided an on-site by way of an adequate trailer mounted fire-fighting unit to support a quick response to a fire. The hydrant matter was acknowledged and accepted with the view express that a trailer mounted unit would be accepted provided is accorded to an appropriate standard and capacity as prescribed by the Department of Fire and Emergency Services (DEFS). Condition 9 - Clarity was sought over the installation of detour signage and an early warning system for traffic using Richardson Road when a train is obstructing the level crossing. Explanation was provided that two detour signs be strategically placed at the northern and southern ends of Richardson Road approaching CBH. Both signs are to incorporate a flashing light warning through traffic of the impending obstruction at the level crossing and that a detour via William Street/Great Southern Highway should be exercised. The following graphics (Figure 3 and Figure 4) illustrate what is envisaged.

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Figure 3 – Detour Signage Locations

Figure 4 – Illustration of Detour Sign

Condition 12 – Clarity was also sought on the amendment to the Dust Management Plan and monitoring regime. It was explained the current Management Plan needs to be updated to incorporate Lot 550, and that an active monthly monitoring and reporting program be established with Shire to ensure the required standard of air quality is being maintained. CBH was again reminded of the importance of achieving compliance given

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the concerns raised through the public submissions and possible implications should the air quality not be managed to the required environmental and health standards. It was also accepted that reference in the previous Shire report to the “2008 Guidance Statement No. 18 prepared by the Environmental Protection Authority (EPA)” was incorrect, which should have referred to a ‘A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities – March 2011, being the current guidance statement form the EPA. Also raised was requirement for a Building Permit of the Open Bulk Head structures, with CBH advocating a permit is not warranted as determined by the Western Australian Building Commission. This is technically not a matter for the planning approval and has been referred to the Shire’s contract Building Surveyor to verify. On all accounts, the discussion with CBH representatives centred on a pragmatic approach to what is now a staged approach their development due to time constraints. Consultation: As indicated above, a discussion has been entertained at an officer level with the applicant in regard amending/relaxing the conditions of approval. Statutory Environment: Schedule 2, Part 9, Clause 77. of the Planning and Development (Local Planning Schemes) Regulations, 2015 affords Council the ability to relax or amend the conditions placed on a planning approval. Specifically, the nature of this request can be entertained under Clause 77. (3), which states in part that “the local government may waive or vary a requirement in Part 8 or this Part in respect of an application if the local government is satisfied that the application relates to a minor amendment to the development approval” . Relevant Plans and Policy: There are no relevant plans or policy that applies to this matter. Financial Implications: There are no specific financial implication that applies to this matter, other than an appeal right to the State Administrative Tribunal (SAT) should the applicant choose to exercise this option. Risk Assessment: The risk is not deemed to be significant. Based on the request largely seeking clarity and deferral on some planning approval conditions brought about by timing and the need for a staged approach, it is expected all of the required conditions will be fully met with a one to two period.

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One exception however, is the firefighting provision. In changing from a fixed hydrant system to a mobile unit upon review may prove to be a better outcome from a practical and risk perspective, with the a trailer mounted unit able to be freely used within property and also on adjoining land, including the river environs, should this be a fire. . Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan <2021. Specifically, the proposed Grain Receival and Storage Facility aligns to:

Function 2 – Land Use Planning

Action 2.3 – Process Development Applications Comment Importantly, the request from CBH is not to negate the conditions of approval, but rather work within and between the peak activities of harvest for this year. In light of this, it is recommended Council adopt a pragmatic approach to agreeing to the conditions being relaxed and amended as requested, subject to the clarification of detail as provided and inclusion of a time fame upon which the full initial condition are to be met. OFFICER’S RECOMMENDATION That Council amend Planning Approval 2017/014 for a Rural Industry – Additional Grain Receival Facility on Lot 550 Sewell Street, Brookton pursuant to Schedule 2, Part 9, Clause 77. of the Planning and Development (Local Planning Schemes) Regulations 2015 to incorporate the following: Conditions 1. Should the development, the subject of this approval, not be SUBSTANTIALLY

COMMENCED within a period of two (2) years from the date of this approval being granted, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further approval of the responsible authority having first been sought and obtained.

2. Development of the approved Grain Receival Facility shall be carried out in accordance with the terms of the application as approved herein, and the respective plans inclusive of site plan, floor plans and elevations that form part of this approval.

3. Access/egress to the Grain Receival Facility from Sewell Street shall be constructed

to:

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a) A compacted and cement stabilised gravel (or similar) standard for Stage 1 of

the development (defined as the site entry and exist, internal road network around the first two Open Bulk Heads and the portable weighbridge as shown on the approved site plan).

b) A minimum two coat bitumen seal to all trafficable areas within the development as part of Stage 2 (defined as remaining two Open Bulk Heads, hopper pits and ground conveyors as shown on the approved site plan). The sealing works are to be completed by 30 December 2020.

Refer to advice note d.

4. A signage plan shall be prepared for endorsement by the Local Government, with all signage to be implemented prior to commencement of operations. Such signage shall include (but is not be limited to) the following to the satisfaction of the Local Government:

a. Identification of the vehicle access and vehicle egress points to/from the grain receival facility;

b. Designated queuing and parking areas within the grain receival facility; c. ‘No Parking’ signs on Sewell Street; d. Temporary signage to direct traffic circulation; e. Site safety and emergency information sign (inclusive of contact and emergency

response actions, fire-fighting equipment location, and designated emergency muster points) located at the entry of the grain receival facility.

f. Detour signage affording continuity of vehicle movement around the Grain Receival Facilities to be positioned/installed in consultation with the Shire’s Manager Infrastructure and Regulatory Services – refer to advice note f.

5. Trains are not permitted to sit stationary obstructing the Brookton Highway and the

southern level crossing connecting William Street to Robinson Road at the same time.

6. Trains are not permitted to sit stationary resulting in obstruction of Richardson Street for periods exceeding 10 minutes, without approved detour signage being erected and activated to warn motorists of a pending obstruction - refer to advice note f.

7. Site drainage shall be installed in accordance with the McDowall Affleck Consulting

Engineers Stormwater Design Report to manage the flow of water run-off and filtration before discharge into the natural environment.

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8. A landscape/tree planting program being implemented along the western boundary of Sewell Street within six (6) months from the date of this approval to afford additional buffering to the adjoining residential properties.

9. The existing Dust Management Plan shall be revised within six (6) months from the

date of this approval to include both the existing and proposed grain receival and storage operations on Lot 100 and Lot 550, with incorporation of routine monitoring and reporting on a monthly basis to ensure compliance with the air quality standards - refer to advice note e.

10. A trailer mounted firefighting unit shall be provided on-site, and be maintained to

serviceable condition at all times.

Advice Notes The following advice notes are offered in addition to the notes provided in Form 4 of Clause 86 of the Deemed Provisions on the approval granted in condition(s) above:

a. This approval does not confer approval under other relevant legislation, including

but not limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire’s Building sections on (08) 9642 1106.

b. Nothing in the approval or these conditions shall excuse compliance with all relevant written laws in the commencement and carrying out of the development.

c. The applicant is advised a Building Permit may be required for the bulk storage

facilities prior to commencement of any building works. This matter has been referred to the Shire Contract building Surveyor for further review in accordance with the Building Act, 2011 and Building Code of Australia (BCA).

d. With reference to Conditions 3 and 4 the applicant is encouraged to contact the Shire’s Manager Infrastructure and Regulatory Services on 9642 1106 to gain clarity on the standard of construction required.

e. With reference to Condition 9 the standard of air quality monitoring and reporting needs to accord with the EPA guideline ‘A guideline for managing the impacts of dust and associated contaminants from land development sites, contaminated sites remediation and other related activities – March 2011’.

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f. With reference to Condition 4 f. the respective detour signs are to:

- Generally be positioned in accordance with Figure 3 of the Shire Meeting Minutes for this report; and

- Incorporate a flashing warning light and wording, such as ‘Detour via William Street/Great Southern Highway’ as shown in Figure 4 of the Shire Meeting Minutes for this report.

g. The applicant is advised the Council is open to formal closure of:

i. Sewell Street from Yeo Road to the Rail Line Spur, with this portion of road reserve being amalgamated with the existing CBH land holdings subject to all associated costs for the closure process and land being acquired by CBH.

ii. Bartram Street from Sewell Street through to Richardson Street with this road reserve being amalgamated with the existing CBH land holdings subject to all associated costs for the closure process, and land being acquired by CBH and converted to a vegetation screen corridor to enhance the buffer between neighbouring and nearby residences.

h. With reference to Condition 10. the firefighting unit is to accord with the standards as prescribed by the Department of Fire and Emergency Services (DEFS).

i. Should the applicant be aggrieved by the conditions of this planning approval, a right of appeal exists to the State Administrative Tribunal (SAT) subject to Part 14 of the Planning and Development Act 2005. Appeals must be lodged to SAT within 28 days. Further information can be obtained from the SAT website – www.sat.justice.wa.gov.au.

(Simple majority vote required)

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Attachment 12.09.19.05A

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13.09.19 COMMUNITY SERVICES REPORTS

14.09.19 FINANCE & ADMINISTRATION REPORT

14.09.19.01 HIRE FEE DISCOUNT – REQUEST – BROOKTON CRC

File No: ADM 0658 Date of Meeting: 19 September 2019 Location/Address: Town Hall Name of Applicant: Brookton Community Resource Centre (Brookton CRC) Name of Owner: Shire of Brookton Author/s: Vicki Morris – Deputy Chief Executive Officer Authorising Officer: Ian D’Arcy – Chief Executive Officer Declaration of Interest: The author has no interest in this item Voting Requirements: Absolute Majority Previous Report: N/A

Summary of Item: Council is in receipt of a request from the Brookton Community Resource Centre (Brookton CRC) to reduce the cost of the hire for the Memorial Hall for a free community event called Cyber Safety. The Brookton CRC is hosting a free community event run by the ThinkUKnow Volunteer team in partnership with the Australian Federal Police and Neighbourhood Watch Australasia. The event is aimed at parents, carers, teachers and young people dealing with the issues of cyber safety. The event is scheduled for Tuesday September 24 from 6pm – 8pm. The CRC would like Council to reduce the hire fee from the commercial rate to the community group’s rate noting that this is a free community event. This would reduce the hire fee from $250.00 to $12.00. The bond, which is refundable after the event, remains the same at $250.00. The CRC are happy to pay the Bond. Description of Proposal: This proposal involves a request to reduce the hire fee for the Hall for a free community event facilitated and hosted by the Brookton CRC on Tuesday 24 September 2019. Background: The Shire has received a request from the Brookton CRC to reduce the hire of the Memorial Hall in recognition of a free community event hosted and facilitated by the Brookton CRC. The Brookton CRC have provided a flyer that outlines the event. The flyer for the program is provided at Attachment 14.09.19.01A for the Council’s information. Consultation: There has been no consultation, to date, on this matter because the event is scheduled for Tuesday 24 September 2019 and the Brookton CRC have only received confirmation recently to host the event. Statutory Environment: Section 6.12 (1)(b) of the Local Government Act 1995 grants authority to Council to waive or grant concessions in relation to hire fees.

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Relevant Plans and Policy: No relevant plans or policy applicable to this matter. Financial Implications: Under the Council’s Schedule of Fees and Charges, the Brookton CRC have been quoted the following:

Facility Hire (Commercial flat rate per day) = $ 250.00 Bond (refundable bond that is held in trust) = $ 250.00 ------------- $ 500.00

The Brookton CRC have requested that this hire fee be reduced from the commercial rate to the community rate. The cost to the Shire of this reduction would be $238.00. This could be considered the Shire’s contribution to the event. It should be noted that the fee discount (if entertained) is at the Council’s discretion. Risk Assessment: There is no perceived risk to the Shire. Community & Strategic Objectives: This proposal generally aligns with the Shire of Brookton Strategic Community Plan >2027.

Comment It is recommended that Council agree to reduce the commercial rate for the Brookton CRC for the event to the held on 24th September 2019 to the community rate – a saving to the Brookton CRC of $238.00. The event is open to all members of the community and is free to attend and is an issue that is of interest to the community overall. OFFICER’S RECOMMENDATION That Council pursuant to Section 6.12 (1)(b) of the Local Government Act, 1995 reduce the fee for the Memorial Hall Hire to the Brookton Community Resource Centre from $250.00 to $12.00 for the event scheduled for Tuesday 24 September 2019. (Vote by Absolute Majority required) Attachments 14.09.19.01A

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Attachment 14.09.19.01A

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14.09.19.02 LIST OF ACCOUNTS FOR PAYMENT

File No: N/A Date of Meeting: 19 September, 2019 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Lois Salkilld – Corporate Business Officer - Finance Authorising Officer: Vicki Morris – Deputy Chief Executive Officer Declaration of Interest: The author has no financial interest in this matter. Voting Requirements: Simple Majority Previous Report: 15 August, 2019

Summary of Item: The list of accounts for payment to 31st August 2019 are presented to Council for inspection. Description of Proposal: To approve the account for payment. Background: In accordance with Local Government (Financial Management) Regulations 1996 Clause 13 (1) schedules of all payments made through Council’s bank accounts are presented to Council for inspection. Please refer to the separate attachment. Consultation: N/A Statutory Environment: Local Government (Financial Management) Regulations 1996; Clause 13 – List of Accounts. Relevant Plans and Policy: Policy No. 4.4 of the Council Policy Manual states that the Chief Executive Officer is authorized to arrange purchase of specific items in the budget, which do not require calling tenders, providing that it is within the approved budget. Financial Implications: There are no financial implications relevant to this report. Risk Assessment: No risks identified as this is an operational reporting requirement. Community & Strategic Objectives: This activity is contained in the Corporate Compendium. Comment Totals of all payments from each of Councils bank accounts are listed below. The payment schedule is provided to Councillors separately and not published on the Shire of Brookton website to mitigate against the potential of fraudulent activity that can arise from this practice. Members of the public can obtain the schedule from the Shire of Brookton Administration Office.

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To 31ST August 2019 Municipal Account Direct Debits $118,790.47 EFT $545,922.31 Trust Account $350.00 OFFICER’S RECOMMENDATION That with respect to the list of accounts for payment, Council: note the payments authorised under delegated authority and detailed below and in the List of Accounts 31st July 2019. To 31ST August 2019 Municipal Account Direct Debits $118,790.47 EFT $545,922.31 Trust Account $350.00 Attachments 14.09.19.02A Members of the public can obtain the schedule from the Shire of Brookton Administration Office.

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14.09.19.03 STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDED 31 AUGUST 2019

File No: N/A Date of Meeting: 19 September 2019 Location/Address: N/A Name of Applicant: Shire of Brookton Name of Owner: Shire of Brookton Author/s: Lois Salkilld – Corporate Business Officer (Finance) Authorising Officer: Vicki Morris – Deputy Chief Executive Officer Declaration of Interest: The authors have no financial interest in this matter Voting Requirements: Simple Majority Previous Report: There is no previous meeting reference

Summary of Item: The Statement of Financial Activity for the period ended 31 August 2019 is presented to Council. Description of Proposal: That Council receives the Statement of Financial Activity for the period ended 31 August 2019 as presented.

Background: In accordance with regulation 34 of the Local Government (Financial Management) Regulations 1996, the Shire is to prepare a monthly Statement of Financial Activity for approval by Council.

Consultation: Reporting officers receive monthly updates to track expenditure and income.

Statutory Environment: Section 6.4 of the Local Government Act 1995. Regulation 34 of the Local Government (Financial Management) Regulations 1996. Section 6.8 of the Local Government Act 1995

Relevant Plans and Policy: There is no Council Policy relevant to this issue. The Next Generation Brookton Corporate Compendium (May 2018) - Finance Activities.

Financial Implications: The Budget is regularly monitored on at least a monthly basis, by the CEO, Deputy CEO, Corporate Business Officer (Compliance & Finance). Responsible Officers are also required to review their particular line items for anomalies each month, with a major review required by law, between 1 January and 31 March of each year pursuant to the Local Government (Financial Management) Regulations 1996 (Regulation 33A). Risk Assessment: No risk identified as this is a reporting statement only in accordance with the regulations.

Community & Strategic Objectives: Responsible financial management is critical to deliver on the Strategic Community Plan.

The Corporate Business Plan determines the local government’s resource allocations which form the construction of the Annual Budget. The financial statements thus measure performance against the Corporate Business Plan by providing comparatives against the Annual Budget.

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Comment The Monthly Financial Report has been prepared in accordance with statutory requirements.

OFFICER’S RECOMMENDATION That Council receives the Monthly Statements of Financial Activity for the period ending 31 August 2019 as presented in Attachment 12.8.19.02.

Attachments Attachment 14.09.19.03A

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Attachment 14.09.19.03A

Shire of Brookton

MONTHLY FINANCIAL REPORT

For the Period Ended 31st August 2019

TABLE OF CONTENTS

Statement of Financial Activity by Function & Activity

Statement of Financial Activity by Nature & Type

Note 1 - Major Variances

Note 2 - Graphical Representation of Statement of Financial Activity

Note 3 - Net Current Funding Position

Note 4 - Receivables

Note 5 - Cash Backed Reserves

Note 6 - Capital Disposals and Acquisitions

Note 7 - Information on Borrowings

Note 8 - Cash and Investments

Note 9 - Budget Amendments

Note 10 - Trust Fund

Note 11 - Kalkarni Financial Report

Note 12 - WB Eva Pavilion and Gymnasium Operating Statement

Note 13 - Sewerage Operating Statement

Note 14 - Brookton Caravan Park & Acquatic Centre Financial Reports

Note 15 - Road Program

Note 16 - Capital Works Program

Note 17 - Grants Register

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Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 101

General User Input Data to appear in the Report

Local Government Name Shire of Brookton

Last Year (-2) 2017-18

Last Year (-1) 2018-19

Current Year 2019-20

Current Reporting PeriodFor the Period Ended 31st August

2019

Start of Current Financial Year 01-Jul-19

End of Financial Year 30-Jun-20

Material Threshold

Material Amount Income $10,000

Material Amount Expenditure $10,000

Material Percentage Income 10.00%

Material Percentage Expenditure 10.00%

Material Variances Symbol

Above Budget Expectations p

Below Budget Expectations q

Shire of Brookton

Monthly Reporting Model

Base Input Data

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Budget Actual Budget Actual Budget Actual Budget Actual

Month 2019-20 2019-20 2019-20 2019-20 2019-20 2019-20 2019-20 2019-20

Jul 935,182 806,784 483,459 376,336 -275,701 36,222 -85,148 0

Aug 1,862,509 1,656,425 1,241,739 1,318,414 -538,069 56,364 -170,296 0

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Shire of Brookton

Monthly Reporting Model

Graph Input Data

Statement of Financial Activity

Capital RevenueOperating Expenses Operating Revenue Capital Expenses

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Note 3 - Net Funding Current Position

Month Actual Actual Actual

2017-18 2018-19 2019-20

$('000s) $('000s) $('000s)

Jul 907,333 1,207,105 864,554

Aug 907,333 1,207,105 3,557,512

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Graph Input Data (Cont.)

Shire of Brookton

Monthly Reporting Model

Note 4 - Rates and Rubbish Collection History

Month

Last Year This Year

2018-19 2019-20

% %

Jul 0.25 0

Aug 0.25 0

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Shire of Brookton

Monthly Reporting Model

Graph Input Data (Cont.)

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C

u

r

r

e

Adopted

Annual Budget

YTD

Budget

(a)

YTD

Actual

(b)

Var. $

(b)-(a)

Var. %

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

Note 9 9

Operating Revenues $ $ $ $ $ %

Governance 13,250 1,122 5,974 4,852 432.43%

General Purpose Funding 1,194,044 267,431 128,590 (138,841) (51.92%) q

Law, Order and Public Safety 29,743 7,022 161 (6,861) (97.71%)

Health 1,100 50 747 697 1393.08%

Education and Welfare 4,466,911 761,146 651,714 (109,432) (14.38%) q

Housing 87,209 14,532 18,270 3,738 25.72%

Community Amenities 414,478 69,074 410,047 340,973 493.63% p

Recreation and Culture 39,682 6,604 2,355 (4,249) (64.34%)

Transport 609,666 100,678 83,201 (17,477) (17.36%) q

Economic Services 47,950 7,988 7,282 (706) (8.83%)

Other Property and Services 36,560 6,092 10,073 3,981 65.35%

Total (Excluding Rates) 6,940,593 1,241,739 1,318,414 76,675 6.17%

Operating Expense

Governance (577,418) (90,596) (159,350) (68,754) (75.89%) q

General Purpose Funding (218,146) (31,856) (13,866) 17,991 56.47% p

Law, Order and Public Safety (225,507) (42,567) (39,252) 3,315 7.79%

Health (74,104) (12,347) (5,960) 6,387 51.73%

Education and Welfare (4,559,009) (798,023) (630,706) 167,317 20.97% p

Housing (207,571) (36,735) (19,081) 17,654 48.06% p

Community Amenities (513,464) (83,835) (41,274) 42,561 50.77% p

Recreation and Culture (998,079) (158,701) (101,481) 57,220 36.05% p

Transport (3,450,540) (575,597) (615,490) (39,893) (6.93%)

Economic Services (188,441) (29,889) (19,424) 10,465 35.01% p

Other Property and Services (22,729) (2,363) (10,542) (8,179) (346.11%)

Total (11,035,008) (1,862,509) (1,656,425) 206,084 11.06%

Funding Balance Adjustment

Add back Depreciation 2,910,437 485,073 504,400 19,327 3.98%

Adjust (Profit)/Loss on Asset Disposal 6 0 0 0 0 0.00%

Adjust (Profit)/Loss on Asset Revaluation 0 0 0

Movement in Non Cash Provisions 0 0 0 0

Net Operating (Ex. Rates) (1,183,978) (135,697) 166,389 302,086 (222.62%)

Capital Revenues

Proceeds from Disposal of Assets 6 0 0 0 0 0.00%

Proceeds from New Debentures 5 0 0 0 0 0.00%

Self-Supporting Loan Principal 21,296 3,549 0 (3,549) (100.00%)

Transfer from Reserves 5 1,000,479 166,747 0 (166,747) (100.00%) q

Total 1,021,775 170,296 0 (170,296)

Capital Expenses

Land and Buildings 6 (201,000) (33,500) 0 33,500 100.00% p

Plant and Equipment 6 (491,440) (81,907) 0 81,907 100.00% p

Furniture and Equipment 6 (130,000) (21,667) (20,143) 1,524 7.03%

Infrastructure Assets - Roads & Bridges 6 (1,043,471) (173,912) (11,682) 162,230 93.28% p

Infrastructure Assets - Sewerage 6 (32,000) (5,333) 0 5,333 100.00%

Infrastructure Assets - Parks 6 (30,000) (5,000) 0 5,000 0.00%

Repayment of Debentures 7 (94,529) (15,755) (23,909) (8,154) (51.76%)

Transfer to Reserves 5 (1,205,975) (200,996) (631) 200,365 99.69% p

Total (3,228,415) (538,069) (56,364) 481,705 (89.52%)

Net Capital (2,206,640) (367,773) (56,364) 311,409 (84.67%)

Total Net Operating + Capital (3,390,618) (503,471) 110,024 613,495 121.85%

Rate Revenue 2,320,618 2,320,618 2,314,471 (6,147) (0.26%)

Opening Funding Surplus(Deficit) 1,133,017 0 1,133,017 0 0.00% ###

Closing Funding Surplus(Deficit) 3 63,017 1,817,148 3,557,513 607,348

Shire of Brookton

STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

(Statutory Reporting Program)

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NOTE 2019/20 2019/20 2019/20 2019/20 2019/20 Variance

Adopted Budget

Projected Year End

Actual

A

m

e YTD Budget YTD Actual

YTD Budget vs

YTD Actual

$ $ $ $ $

REVENUES FROM ORDINARY ACTIVITIES

Rates 2,320,618 2,320,618 2,312,366 2,314,471 2,105

Operating Grants, Subsidies and Contributions 5,214,354 5,214,354 1,140,997 742,438 (398,559)

Fees and Charges 1,645,116 1,645,116 274,164 541,154 266,990

Interest Earnings 220,264 220,264 17,898 1,959 (15,939)

Other Revenue 79,643 79,643 27,464 32,863 5,399

9,479,995 9,479,995 3,772,889 3,632,885 (140,004)

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs (1,707,032) (1,654,787) (250,800) (290,810) (40,010)

Materials and Contracts (5,977,526) (6,029,771) (1,023,929) (743,633) 280,296

Utilities (174,264) (174,264) (22,053) (22,606) (553)

Depreciation (2,910,437) (2,910,437) (485,044) (504,400) (19,356)

Interest Expenses 7 (91,715) (91,715) (16,351) 5,599 21,950

Insurance (167,142) (167,142) (63,545) (100,451) (36,906)

Other Expenditure (5,792) (5,792) (605) (125) 480

(11,033,908) (11,033,908) (1,862,327) (1,656,425) 205,902

(1,553,913) (1,553,913) 1,910,562 1,976,460 65,898

Non-Operating Grants, Subsidies & Contributions (218,784) (218,784) (218,784) - 218,784

Profit on Asset Disposals 6 - - - - -

Loss on Asset Disposals 6 (1,100) (1,100) (182) - (182)

NET RESULT (1,773,797) (1,773,797) 1,691,596 1,976,460 284,500

`

STATEMENT OF FINANCIAL ACTIVITY

Program by Nature and Type

For the Period Ended 31st August 2019

2019/20 2019/20 2019/20 2019/20 Variance

Adopted BudgetCurrent Budget YTD Budget YTD Actual

YTD Budget vs

YTD Actual

$ $ $ $ $

REVENUES FROM ORDINARY ACTIVITIES

Rates 2,320,618 2,312,366 2,314,471 2,105 74%

Operating Grants, Subsidies and Contributions 1,598,328 282,730 209,773 (72,958) 7%

Fees and Charges 884,109 147,330 583,176 435,847 19%

Interest Earnings 220,264 17,898 1,959 (15,939) 0%

Other Revenue 50,752 27,464 32,863 5,399 1%

5,074,071 2,787,788 3,142,242 354,455 100%

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs (1,707,032) (250,800) (290,810) (40,010) 28%

Materials and Contracts (1,835,162) (289,037) (158,262) 130,775 15%

Utilities (174,264) (22,053) (22,606) (553) 2%

Depreciation (2,803,758) (1,150,453) (484,128) 666,325 46%

Interest Expenses (87,224) (35,595) 5,948 41,543 -1%

Insurance (153,012) (150,657) (93,361) 57,296 9%

Other Expenditure 132,208 (37,067) (125) 36,942 0%

(6,628,244) (1,935,662) (1,043,344) 892,318 100%

(1,554,173) 852,126 2,098,898 1,246,772

Non-Operating Grants, Subsidies & Contributions (218,784) 86,812 - 86,812 0%

Profit on Asset Disposals - - - - 0%

Loss on Asset Disposals (1,100) (182) - (182) 0%

NET RESULT (1,774,057) 938,756 2,098,898 1,333,402 -201%

Actuals as

% of Total

Shire of Brookton

STATEMENT OF FINANCIAL ACTIVITY (Excluding Kalkarni Residential Facility)

Program by Nature and Type

For the Period Ended 31st August 2019

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Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 106

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

Note 1: MAJOR VARIANCES

Comments/Reason for Variance

OPERATING REVENUE (EXCLUDING RATES)4 Governance

Within variance threshold of $10,000 or 10%

3 General Purpose FundingGPC Grant pending

5 Law, Order and Public Safety

Within variance threshold of $10,000 or 10%

7 Health

Within variance threshold of $10,000 or 10%

8 Education and Welfare

Timing issue on Grants and Bonds Interest

9 Housing

Within variance threshold of $10,000 or 10%

10 Community Amenities

Budget profile calculated over 12 mths Refuse & Sewerage rates - will self correct

11 Recreation and Culture

Within variance threshold of $10,000 or 10%

12 Transport

RRG & R2R Grants not yet received. MRWA Direct Grant received in full.

13 Economic Services

Within variance threshold of $10,000 or 10%

14 Other Property and Services

Within variance threshold of $10,000 or 10%

OPERATING EXPENSES4 Governance

Timing issue of creditor invoices relating to subscriptions/licences.

3 General Purpose Funding

Budget profiling calculated over 12 mths for 19/20 - will self correct over time

5 Law, Order and Public Safety

Within variance threshold of $10,000 or 10%

7 Health

Within variance threshold of $10,000 or 10%

8 Education and Welfare

Budget profiling calculated over 12 mths for 19/20 - will self correct over time

9 Housing

Budget profiling calculated over 12 mths for 19/20 - will self correct over time

10 Community Amenities

Timing Issue - will self correct

11 Recreation and Culture

Timing Issue - will self correct

12 Transport

Within variance threshold of $10,000 or 10%

13 Economic Services

Timing Issue - will self correct

14 Other Property and Services

Within variance threshold of $10,000 or 10%

Shire of Brookton

For the Period Ended 31st August 2019

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CAPITAL REVENUEProceeds from Disposal of Assets

Within variance threshold of $10,000 or 10%

Self-Supporting Loan Principal

Within variance threshold of $10,000 or 10%

Transfer from Reserves

Reserve Transfers will be completed at maturity.

CAPITAL EXPENSES

Land and Buildings

Timing issue, Nil spent to date

Plant and Equipment

Timing issue, Nil spent to date

Furniture and Equipment

Within variance threshold of $10,000 or 10%

Infrastructure Assets - Roads & Bridges

Timing issue, work underway.

Infrastructure Assets - Sewerage

Within variance threshold of $10,000 or 10%

Infrastructure Assets - Parks

Within variance threshold of $10,000 or 10%

Repayment of Debentures

Within variance threshold of $10,000 or 10%

Transfer to Reserves

Reserve Transfers will be completed at maturity.

OTHER ITEMSRate Revenue

Within variance threshold of $10,000 or 10%

Opening Funding Surplus(Deficit)

Within variance threshold of $10,000 or 10%

Closing Funding Surplus (Deficit)

Within variance threshold of $10,000 or 10%

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Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

Note 2 - Graphical Representation - Source Statement of Financial Activity

Comments/Notes - Operating Expenses

0

200000

400000

600000

800000

1000000

1200000

1400000

1600000

1800000

2000000

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

Month ending

Budget Operating Expenses -v- YTD Actual

Budg et 2019-20 Actual 2019-20

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Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

Note 1 - Graphical Representation - Source Statement of Financial Activity

Comments/Notes - Capital Expenses

Comments/Notes - Capital Revenues

-180000

-160000

-140000

-120000

-100000

-80000

-60000

-40000

-20000

0

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

Month ending

Budget Capital Revenue -v- Actual

Budg et 2019-20 Actual 2019-20

-600000

-500000

-400000

-300000

-200000

-100000

0

100000

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

Month ending

Budget Capital Expenses -v- Actual

Budg et 2019-20 Actual 2019-20

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Note 3: NET CURRENT FUNDING POSITION

Note This Period

Same Period

2018/19

Same Period

2017/18

Surplus C/F 1

July 2019

$ $ $ $

Current Assets JULY 2019 JULY 2018 JULY 2017

Cash Unrestricted 1,009,362 1,585,213 1,014,629 1,263,900

Cash Restricted 5,254,106 4,274,596 3,504,765 5,253,475

Receivables 6,696,867 4,109,783 3,359,453 4,146,803

Prepayments & Accruals 0 0 0 0

Inventories 21,725 27,394 15,421 16,487

12,982,060 9,996,986 7,894,268 10,680,665

Less: Current Liabilities

Payables and Provisions (4,170,442) (4,515,285) (3,482,170) (4,294,173)

(4,170,442) (4,515,285) (3,482,170) (4,294,173)

Less: Cash Restricted (5,254,106) (4,274,596) (3,504,765) (5,253,475)

Net Current Funding Position 3,557,512 1,207,105 907,333 1,133,017

Comments - Net Current Funding Position

2019-20

Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

Positive=Surplus (Negative=Deficit)

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

4,000,000

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

Note 2 - Liquidity Over the Year

2017-18 2018-19 2019-20

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Note 4: RECEIVABLES

Receivables - Rates, Sewerage

and Rubbish Current Previous Receivables - General Current 30 Days 60 Days 90+Days

2019-20 2018-19 $ $ $ $

$ $ 0 0 0 0

Opening Arrears Previous Years 0 53,825 Total Outstanding 0

Rates, Sewerage & Rubbish Levied

this year 2,685,172 0

Less Collections to date (34,276) (13,586) Amounts shown above include GST (where applicable)

Equals Current Outstanding 2,650,896 40,239

Net Rates Collectable 2,650,896 40,239

% Collected 1.28% 25.24%

Comments/Notes - Receivables Rates, Sewerage and Rubbish Comments/Notes - Receivables General

Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

0.00

0.05

0.10

0.15

0.20

0.25

0.30

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

Am

ou

nt

Co

llect

ed

%

Note 4 - Rates % Collected

La st Year 2018-19

This Year 2019-20

0%

0%

0%

0%

Receivables - GeneralCurrent 30 D ays 60 D ays 90+Da ys

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Note 5: Cash Backed Reserves

Name

Opening

Balance

Budget

Interest

Earned

Actual

Interest

Earned

Adopted

Budget

Transfers In (+)

Actual

Transfers In

(+)

Adopted Budget

Transfers Out (-)

Actual

Transfers Out

(-)

Adopted Budget

Closing Balance

Actual YTD

Closing Balance$ $ $ $ $ $ $ $ $

Leave Reserve 116,698 2,180 14.08 20,000 0 0 0 138,878 116,712.08

Plant and Vehicle Reserve and

Community Bus Reserve972,025 14,220 117.25 302,506 0 (502,506) 0 786,245 972,142.25

Land & Housing Development

Reserve/Independent Living Units1,335,350 24,956 161.08 205,781 0 (174,381) 0 1,391,706 1,335,511.08

Furniture and Equipment Reserve 80,392 1,502 9.70 20,000 0 (45,000) 0 56,894 80,401.70

Municipal Buildings & Facilities

Reserve329,433 4,522 39.74 50,000 0 (55,000) 0 328,955 329,472.74

Townscape and Footpath Reserve 103,203 989 12.45 20,000 0 0 124,192 103,215.45

Land Development Reserve 0 0 0.00 0 0.00

Sewerage Scheme Reserve 368,937 6,895 44.50 55,000 0 0 430,832 368,981.50

Road and Bridge Infrastructure

Reserve399,046 8,267 48.13 220,000 0 0 627,313 399,094.13

Health & Wellbeing reserve 588,020 13,231 77.63 56,592 0 (100,000) 0 557,843 588,097.63

Sport & Recreation Reserve 26,206 490 3.16 5,000 0 0 31,696 26,209.16

Rehabilitation & Refuse Reserve 117,955 2,204 14.23 50,000 0 0 170,159 117,969.23

Saddleback Building Reserve 55,554 1,038 0.00 (56,592) 0 55,554.00

Caravan Park Reserve 141,635 2,647 17.08 10,000 0 0 154,282 141,652.08

Brookton Heritage/Museum Reserve 45,421 850 5.48 1,000 0 0 47,271 45,426.48

Kweda Hall Reserve 16,758 613 2.02 1,000 0 0 18,371 16,760.02

Aldersyde Hall Reserve 25,806 0 0.00 25,806 25,806.00

Railway Station Reserve 118,053 2,206 14.24 10,000 0 (35,000) 0 95,259 118,067.24

Madison Square Units Reserve 25,249 472 3.05 5,000 0 0 30,721 25,252.05

Cemetery Reserve 33,330 623 4.02 10,000 0 0 43,953 33,334.02

Water Harvesting Reserve 44,744 808 5.39 35,000 0 (32,000) 0 48,552 44,749.39

Developer Contribution 2,697 50 0.33 2,747 2,697.33

Cash Contingency Reserve 177,499 3,317 21.41 24,596 0 0 205,412 177,520.41

Brookton Aquatic Reserve 129,464 2,420 15.61 10,000 0 0 141,884 129,479.61

Saddleback Vehicle & Equipment

Reserve0 0 0 0.00

Staff Vehicle Reserve 0 0 0 0.00

Unspent Grants & Contributions 0 0 0 0.00

5,253,475 94,500 630.58 1,111,475 0 (1,000,479) 0 5,458,971 5,254,105.58

Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

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Shire of Brookton, Agenda Ordinary Meeting of Council, 19 September 2019 113

Note 6: CAPITAL DISPOSALS AND ACQUISITIONS

Net Book

Value Proceeds

Profit

(Loss)

Net Book

Value Proceeds

Profit

(Loss)

$ $ $

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 Totals 0 0 0

Comments - Capital Disposal

Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

Original Budgeted Profit(Loss) of

Asset Disposal

DisposalsActual Profit(Loss) of Asset Disposal

Budget

Current

Budget Actual Variance

$ $ $

Property, Plant & Equipment

Land and Buildings 201,000 201,000 0 201,000

Plant & Equipment 491,440 491,440 0 491,440

Furniture & Equipment 130,000 130,000 20,143 109,857

Infrastructure

Roadworks & Bridge Works & Footpaths 1,043,471 1,043,471 11,682 1,031,789

Footpath Construction 30,000 30,000 0 30,000

Sewerage & Drainage 32,000 32,000 0 32,000

Totals 1,927,911 1,927,911 31,825 1,896,086

Comments - Capital Acquisitions

Summary Acquisitions

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Note 7: INFORMATION ON BORROWINGS

Principal New Principal Principal Interest

1-Jul-19 Loans Repayments Outstanding Repayments

$ $ Actual Budget Actual Budget Actual Budget

Particulars Loan Purpose Due Date Term (yrs)Rate (%) $ $ $ $ $ $

Self Supporting Loans

*Loan 78 Senior Citizen's Homes Construction of Mokine Cottages 17/06/2024 15 6.74 89,416 - - 89,416 89,416 82,931 (263) 6,485

*Loan 79 Multifunctional Family Centre Purchase of the Building 1/08/2020 15 5.82 - - - - - - - -

*Loan 82 Country Club

Extension and Refurbishment of the

Club House 15/11/2027 20 6.95 237,124 - - 21,296 237,124 219,260 (2,105) 17,864

Governance

Loan 75 Administration Shire Office Renovations 3/08/2026 25 6.46 47,061 - 2,488 47,061 44,573 43,754 260 3,307

Education & Welfare

Loan 80 Kalkarni Residency Kalkarni Residence 1/02/2026 25 5.63 72,291 - 4,284 8,689 68,007 67,800 349 4,491

Housing

Loan 80 Staff Housing Staff Housing 1/02/2026 25 5.63 119,280 - 7,069 14,337 112,211 111,871 575 7,409

Community Amenities

Loan 80 Sewerage Sewerage Extension 1/02/2026 25 5.63 50,604 - 2,999 6,082 47,605 47,460 244 3,144

Transport

Loan 80 Grader New Grader 1/02/2026 25 5.63 119,280 - 7,069 14,337 112,211 111,871 575 7,409

Recreation and Culture

Loan 81 Sport & Recreation Recreation Plan 1/11/2027 20 6.95 589,663 - - 52,956 589,663 545,243 (5,234) 44,420

1,324,719 - 23,909 254,174 1,300,810 1,230,190 (5,599) 94,529

(*) Self supporting loan financed by payments from third parties.

All other loan repayments were financed by general purpose revenue.

Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

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Note 8: CASH AND INVESTMENTS

Interest Unrestricted Restricted Trust Investments Total Institution Maturity

Rate $ $ $ $ Amount $ Date

(a) Cash Deposits

Municipal Cash at Bank -

Operating Account 0.00% 140,042 140,042 Bendigo

Municipal Cash at Bank -

Cash Management Account 0.40% 860,325 860,325 Bendigo

Municipal Cash at Bank -

Independent Living Units 1.00% 8,995 8,995 Bendigo

Trust Cash at Bank 0.00% 34,808 34,808 Bendigo

(b) Term Deposits

Reserves 2.00% 5,001,845 5,001,845 Bendigo 02/10/2019

Reserves 1.19% 252,261 252,261 WA Treasury 02/10/2019

(c) Investments

Bendigo Bank Shares 10,000 10,000 Bendigo

Total 1,009,362 5,254,106 34,808 10,000 6,308,276

0 - -

Comments/Notes - Investments

Investment Management Strategy for Kalkarni Bonds

The total bond/RAD amounts ($3,546,516.65) as at 31/8/2019 are invested by Baptistcare with NAB for a term of 1 month at the rate of 1.10%.

Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

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Note 10: TRUST FUND

Funds held at balance date over which the Shire has no control and which are not included in this

statement are as follows:

Opening

Balance Amount AmountClosing Balance

Description

For the Period

1 July 2019 Received Paid

For the Period

Ended 31st

August 2019

$ $ $ $Housing Bonds 1,200 425 0 1,625

Other Bonds 12,960 2,600 (1,100) 14,460

Rates Incentive Prize 200 0 0 200

Staff AFL Tipping 0 0 0 0

Les McMullen Sporting Grants 0 0 0 0

Gnulla Child Care Facility 3,073 0 0 3,073

Wildflower Show Funds 1,240 0 0 1,240

Kalkarni Resident's Accounts 0 0 0 0

Public Open Space Contributions 13,820 0 0 13,820

Developer Road Contributions (0.50) 0 0 (0.50)

Unclaimed Money 30 360 0 390

32,523 3,385 (1,100) 34,808

1. Developer Road Contributions are:

T129 Allington - Grosser Street -$1.00 Rounding

Road Contributions are required to be transferred out of Trust into Reserve/Muni for designated purpose.

2. Public Open Space Contribution:

T148 - Paul Webb $13,820

Contribution to be retained in Trust as required under the Planning and Development Act 2005.

It is to be investigated whether funds can be applied against POS projects such as the Robinson Street Development.

3. Gnulla Child Care Facility

This is an aged transaction. Consider transferring funds to Muni once a designated project has been identified.

4. Housing Bond

Bond is to either be refunded, expended or transferred to the Bonds Authority.

Shire of Brookton

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 31st August 2019

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Note 11: Kalkarni Aged Care Facility

Adopted

Annual

Budget

Amended

Budget -

Nov & Dec

OCM

YTD

Budget

(a)

YTD

Actual

(b)

Var. $

(b)-(a)

Var. %

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

Note 9 9

Operating Revenue $ $ $ $ %

Fees & Charges 761,007 761,007 126,835 (42,022) (168,857) (133.13%)

Other Income 20,000 20,000 3,333 20,115 16,782 503.45%

Reimbursement Received 8,891 8,891 1,482 0 (1,482) (100.00%)

Grants & Subsidies 3,316,026 3,316,026 552,671 532,665 (20,006) (3.62%)

Total Revenue 4,105,924 4,105,924 684,321 510,758 (173,563) (25.36%)

Operating Expenses

General Operating Expenses - Admin (38,000) (38,000) (6,333) 0 6,333 0.00%

General Operating Expenses (100,000) (100,000) (16,667) 0 16,667 100.00%

Interest Expenses (4,491) (4,491) (749) (349) 400 (53.44%)

Insurance Expenses (14,130) (14,130) (2,355) (7,090) (4,735) 201.06%

Building Maintenance (62,490) (62,490) (10,415) (4,700) 5,715 (54.88%)

Loss on Sale of Asset 0 0 0 0 0 0.00%

Depreciation ** (106,679) (106,679) (17,780) (20,272) (2,493) 14.02%

ABC Administration Expenses (56,662) (56,662) (9,444) (4,784) 4,660 (49.34%)

Contract Expenses (4,023,212) (4,023,212) (670,535) (566,954) 103,581 (15.45%) q

Total Expenses (4,405,664) (4,405,664) (734,277) (604,149) 130,128 17.72%

Operating Surplus (Deficit) (299,740) (299,740) (49,957) (93,391) (43,434) -87% q

Exluding Non Cash Adjustments

Add back Depreciation ** 106,679 106,679 17,780 20,272 2,493 14.02% q

Adjust (Profit)/Loss on Asset Disposal 0 0 0 0 0 0.00%

Net Operating Surplus (Deficit) (193,061) (193,061) (32,177) (73,118) (40,942) 127.24% q

Capital Revenues

KBC Capital Income 300,000 300,000 50,000 131,210 81,210 162.42%

Transfer from Reserves 5 100,000 100,000 16,667 0 (16,667) (100.00%)

Total 400,000 400,000 66,667 131,210 64,543 1

Capital Expenses

Land and Buildings (90,000) (90,000) (15,000) 0 15,000 (100.00%)

Plant and Equipment 0 0 0 0 0 #DIV/0!

Furniture and Equipment (10,000) (10,000) (1,667) 0 1,667

Repayment of Debentures 7 (8,689) (8,689) (1,448) (4,284) (2,836) 195.84%

Transfer to Reserves 5 (69,823) (69,823) (11,637) (78) 11,560 (99.33%)

Total (178,512) (178,512) (29,752) (4,362) 25,390

Net Capital 221,488 221,488 36,915 126,848 89,934 243.63%

Closing Funding Surplus(Deficit) 28,427 28,427 4,738 53,730 48,992

TOTAL OPERATING 260.00$

Shire of Brookton

STATEMENT OF FINANCIAL ACTIVITY

Kalkarni Aged Care Facility

For the Period Ended 31st August 2019

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NOTE 2019/20 2019/20 2019/20 Variance

Adopted Budget YTD Budget YTD Actual

YTD Budget vs

YTD Actual

$ $ $ $

REVENUES FROM ORDINARY ACTIVITIES

Hire Fees - WB Eva Pavilion 2,980 497 691 195

Sporting Club Fees 5,500 917 - (917)

Gymnasium Income 11,060 1,843 1,145 (698)

19,540 3,257 1,837 (1,420)

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs (3,230) (538) (167) 371

Materials and Contracts (34,410) (5,735) (9,327) (3,592)

Utilities (3,750) (625) (547) 78

Interest Expenses (44,420) (7,403) 5,234 12,637

Insurance (4,777) (796) (2,350) (1,554)

General Operating Expenses (5,277) (880) (203) 677

Gymnasium Operating (16,220) (2,702) (245) 2,457

(95,864) (15,977) (7,605) 8,617

(76,324) (12,721) (5,769) 7,198

NET RESULT (76,324) (12,721) (5,769) 7,198

Note 12 WB Eva Pavilion Operating Statement

Shire of Brookton

STATEMENT OF FINANCIAL ACTIVITY

WB Eva Pavilion by Nature and Type

For the Period Ended 31st August 2019

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NOTE 2019/20 2019/20 2019/20 Variance

Adopted Budget YTD Budget YTD Actual

YTD Budget vs YTD

Actual

$ $ $ $

REVENUES FROM ORDINARY ACTIVITIES

Sewerage Connection Fees and Charges 1,590 1,590 236 (1,354)

Annual Sewerage Rates 203,265 203,265 203,265 0

204,855 204,855 203,501 (1,354)

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs (1,119) (187) (162) 24

Materials and Contracts (60,100) (10,017) (578) 9,439

Utilities (8,050) (1,342) (548) 793

Depreciation (39,788) (6,631) (6,822) (191)

Interest Expenses (3,144) (524) (244) 280

Insurance (243) (41) (122) (81)

General Operating Expenses (1,434) (239) (196) 43

Allocation of Adminstration Expense (38,985) (6,498) (3,291) 3,206

(152,863) (25,477) (11,963) 13,514

51,992 179,378 191,538 12,160

Add Back Depreciation 39,788 6,631 6,822 191

Non-Operating Grants, Subsidies & Contributions - - - -

Profit on Asset Disposals - - - -

Loss on Asset Disposals - - - -

Transfer to Sewerage and Drainage Reserve 55,000 9,167 - 9,167

Transfer from Sewerage and Drainage Reserve - - - -

NET RESULT 146,780 195,176 198,360 21,518

The Shire's Asset Management Plan (adopted at the 2016 August OCM) details required renewal expenditure of $1.482m over the ten

year period 2016 - 2027. The Shire's Long Term Financial Plan includes the following planned renewal expenditure:

2016/17 - 47,680 The Sewerage Scheme should be self funding, that is, the capital replacement

2017/18 - 100,000 cost should be amortised over the life of the infrastructure, and funded from the

2018/19 - 100,000 annual sewerage rates. Council should consider a charging model that provides

2019/20 - 100,000 for an annual transfer to the Sewer Reserve, which is equivalent to the required

2020/21 - 100,000 annual renewal expenditure i.e. $148k per annum. As a minimum, revenue from

2021/22 - 100,000 the Scheme should cover all operating expenditure including depreciation,

2022/23 - 100,000 meaning a minimum transfer to Reserve of $88k.

2023/24 - 100,000

2024/25 - 100,000

2025/26 - 150,000

2026/27 - 400,000

Total - 1,397,680 or approx. $140k per annum

Note 13 Sewerage Operating Statement

Shire of Brookton

STATEMENT OF FINANCIAL ACTIVITY

Sewerage Programm by Nature and Type

For the Period Ended 31st August 2019

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Shire of Brookton, Confidential Agenda Ordinary Meeting of Council, 19 September 2019 120

Adopted

Annual

Budget

YTD

Budget

(a)

YTD

Actual

(b)

Var. $

(b)-(a)

Var. %

(b)-(a)/(b)

Note 2017/18 9 9

$ $ $ $ %

Note 14 (a): Brookton Caravan Park

Operating Revenue

Caravan Park Fees 35,000 5,833 5,802 (31) (0.53%)

Total Revenue 35,000 5,833 5,802 (31) (0.53%)

Operating Expenses

Brookton Caravan Park CARAOP (26,245) (4,374) (3,353) 1,021 (23.34%)

Brookton Caravan Park MARKOP (4,000) (667) 0

Caravan Park Depreciation (1,042) (174) (177) (4) 2.02%

Caravan Park Abc Administration Expenses (41,822) (6,970) (3,531) 3,439 (49.34%)

Total (73,109) (12,185) (7,061) 4,457 36.58%

Operating Surplus (Deficit) (38,109) (6,352) (1,259) 4,426 70%

Exluding Non Cash Adjustments

Add back Depreciation 1,042 174 177 4 2.02%

Net Operating Surplus (Deficit) (37,067) (6,178) (1,082) 4,429 (71.69%)

Note 14 (b): Brookton Acquatic Centre

Operating Revenue

POOL FEES & CHARGES 10,500 1,750 0 (1,750) (100.00%)

POOL GRANTS & SUBSIDIES 0 0 0 0 0.00%

10,500 1,750 0 (1,750) (100.00%)

Total Revenue

Operating Expenses

POOL EMPLOYEE COSTS 0 0 0 0 0.00%

POOL GENERAL OPERATING EXPENSES (97,850) (16,308) (2,140) 14,168 (86.88%)

POOL BUILDING MAINTENANCE (15,756) (2,626) (1,511) 1,115 (42.46%)

POOL Depreciation (11,839) (1,973) (2,012) (39) 1.98%

POOL Abc Administration Expenses (32,411) (5,402) (2,736) 2,665 (49.34%)

Total (157,856) (26,309) (8,399) 17,910 68.07%

Operating Surplus (Deficit) (147,356) (24,559) (8,399) 16,160 65.80%

Exluding Non Cash Adjustments

Add back Depreciation 11,839 1,973 2,012 39 1.98%

Net Operating Surplus (Deficit) (135,517) (22,586) (6,387) 16,199 71.72%

Shire of Brookton

STATEMENT OF FINANCIAL ACTIVITY

Brookton Caravan Park and Brookton Acquatic Centre

For the Period Ended 31st August 2019

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Shire of Brookton, Agenda Ordinary Meeting of Council, 19 September 2019 121

Note 15

Description

Adopted

Annual Budget YTD Actual % Completed R2R Other RRG

RRG

Carryover Direct Grant FAGS Reserve Contributions Muni

$ $ $ $ $ $ $ $ $ $ $

Town Street Maintenance 213,058 37,898 18% 213,058

Rural Road Maintenance 568,329 121,726 21% 568,329

Bridge Maintenance 121,966 16,731 14% 121,966

R2R Work Schedule

Brookton - Kweda Road 52,796 0 0% $218,633.00 -165,837

Brookton-Kweda Road 109,662 0 0% $83,201.00 26,461

Other Construction

Brookton - Kweda Road 124,035 0 0% 124,035

King Street 29,030 0 0% 29,030

Reynolds Street 173,000 0 0% 173,000

Boyagarra Road 110,294 11,682 11% 110,294

Noack Street 10,188 0 0% 10,188

RRG Approved Projects

York - Williams Road 434,466 0 0% $302,247.00 132,219

$5,585.00 -5,585

1,946,824 188,037 10% 218,633 5,585 302,247 0 83,201 0 0 0 1,337,158

Shire of Brookton

STATEMENT OF FINANCIAL ACTIVITY

Road Program

For the Period Ended 31st August 2019

Federal Funding State Funding Own Source Funding

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31/08/2019

2

Note 16

Job DescriptionAdopted Annual

Budget Amended Budget YTD Actual

%

Completed Muni Grants Reserves Sale of Assets Total Funding

$ $ $ $ $ $ $ $

E042510 Admin Reception Remodel 55,000 55,000 0 0% 55,000 55,000

E084510 Weld Crack Kitchen Floor 10,000 10,000 0 0% 10,000 10,000

E115510 Railway Barrier Fence 35,000 35,000 0 0% 35,000 35,000

E105510 Cemetery New Niche Wall And Shelter 10,000 10,000 0 0% 10,000 10,000

E112510 Aquatic Centre Masonary Repair 11,000 11,000 0 0% 11,000 11,000

E084510 Upgrade Air Conditioning System 80,000 80,000 0 0% 80,000 80,000

E084520 Curtains Passageways and Activities area 10,000 10,000 0 0% 10,000 10,000

E042520 Admin Synergy Records Module 35,000 35,000 0 0% 35,000 35,000

E042520 Admin Server Upgrade 45,000 45,000 0 0% 45,000 45,000

E042520 Back-up Generator and Installation 30,000 30,000 20,143 67% 30,000 30,000

E113521 Additional table and chairs 10,000 10,000 0 0% 10,000 10,000

E143530 Crew Cab 3 tonne vehicle 70,000 70,000 0 0% 70,000 70,000

E143530 Loader 290,000 290,000 0 0% 290,000 290,000

E143530 62" Zero Turn Mower 27,000 27,000 0 0% 27,000 27,000

E143530 Truck mounted Vacuum Mulcher 18,000 18,000 0 0% 18,000 18,000

E143530 Road Broom 50,000 50,000 0 0% 50,000 50,000

E143530 Skin Mounted Fibreglass Water tank 25,000 25,000 0 0% 25,000 25,000

E143530 Metro Traffic Counters 11,440 11,440 0 0% 11,440 11,440

E121555 York-Williams Road 434,466 434,466 0 0% 0

E121560 Brookton-Kweda Road 52,796 52,796 0 0% 0

E121560 Brookton-Kweda Road 109,662 109,662 0 0% 0

E121565 Noack Street 10,188 10,188 0 0% 0

E121565 Brookton-Kweda Road 124,035 124,035 0 0% 0

E121565 King Street 29,030 29,030 0 0% 0

E121565 Reynolds Street 173,000 173,000 0 0% 0

E121565 Boyagarra Road 110,294 110,294 11,682 11% 278,766 464,705 300,000 1,043,471

E121575 Richardson Street 30,000 30,000 0 0% 30,000 30,000

E106540 Happy Valley Bore Field 32,000 32,000 0 0% 32,000 32,000

1,927,911 1,927,911 31,825 29% 486,206 464,705 977,000 0 1,927,911

1,927,911 Budget Capex Schedule

1,441,705 Variance - Grants & Reserves Funding - Sale of Assets

486,206 Muni Funding

1,927,911

Shire of Brookton

STATEMENT OF FINANCIAL ACTIVITY

Capital Works Program

For the Period Ended 31st August 2019

Capital Funding

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Note 17

Funding Provider Project

Operating/Non-

Operating

Adopted

Annual

Budget

Amended

Budget OCM

Amount

Applied For

Amount

Approved

Amount

Invoiced/Receiv

ed

%

Received

$ $ $ $ $

Federal Government KBC Grants & Subsidies Subsidy (3,316,026) (3,316,026) Recurrent (3,316,026) (532,665) 16%

Main Roads WA Regional Road Group Non Operating (302,247) (302,247) Recurrent (302,247) - 0%

Federal Government Roads to Recovery Non Operating (218,633) (218,633) Recurrent (218,633) - 0%

WA Grants Commission GPG Grants Commission - General Operating (668,176) (668,176) Recurrent (668,176) (126,572) 19%

WA Grants Commission GPG Grants Commission - Roads Operating (382,494) (382,494) Recurrent (382,494) - 0%

WA Grants Commission GPG Grants Commission - Bridges Operating - - - - - 0%

DFES ESL Grant - Emergency Services Levy - Operating Operating (24,793) (24,793) Recurrent (24,793) - 0%

Main Roads WA Direct Grant Operating (83,201) (83,201) Recurrent (83,201) (83,201) 100%

(4,995,570) (4,995,570) (4,995,570) (742,438) 15%

Grants, Subsidies and Contributions Register

STATEMENT OF FINANCIAL ACTIVITY

Shire of Brookton

For the Period Ended 31st August 2019

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15.09.19 GOVERNANCE

15.09.19.01 REVIEW OF COUNCIL POLICY MANUAL

File No: ADM0564 Date of Meeting: 19 September 2019 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Ian D’Arcy – Chief Executive Officer Authorising Officer: As above Declaration of Interest: The author has an interest as the Officer responsible implementing

Council Policies Voting Requirements: Absolute Majority Previous Report: 17 August 2017

Summary of Item: The Shire of Brookton is required under the Local Government Act 1995 to perform a holistic review of the Shire’s policy manual on a regular basis, being generally every two years. This report constitutes this review. A copy of the Policy Manual with recommended amendments is provided under separate cover. Description of Proposal: As above. Background: The Local Government Act 1995 allows for Council to delegate to the Chief Executive Officer to exercise its powers or the discharge of any of its duties under the Act. Generally, the delegations are performed in accordance with established policy as developed and adopted by Council under Section 2.7 of the Act. In context, the policies are compiled into a manual routinely reviewed every two years to ensure the individual they remain contemporary and relevant. Please refer to the separate attachment 15.09.19.01A. The review process also affords opportunity to rescind a policy no longer viewed as applicable and introduce new policies where Council believes there is a need. In this regard, Council’s attention is specifically drawn to areas highlighted in red text that illustrates the respective amendments to each policy. Consultation: Discussion on the policy amendments has been entertained with Councillors at the August 2019 Corporate Briefing Session to received direction. Statutory Environment: As mentioned, the review of Council Policies is enacted under Section 2.7 of the Local Government Act, 1995 with an exception being Local Planning Polices that generally fall under the Planning and Development (Local Planning Schemes) Regulations 2015.

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Furthermore, a vote by ‘absolute majority’ to adopting the Policy Manual is required under Section 5.42 of the Local Government Act, 1995 to grant delegated authority CEO to administer and implement the respective policies, and Section 6.12(b) of the Local Government Act, 1995 as Policy 2.22 involves the waiver of application fees. Relevant Plans and Policy: There is no specific plan or policy that applies to this review process. Financial Implications: There is no specific financial implications to the Shire’s budget applicable to this review other than an enhancement to Policy 2.2 – New Business Incentive that may see a greater take up of this opportunity.

Risk Assessment: There is no identifiable risk in reviewing Council’s Policy Manual. To the contrary the review process is considered timely allowing new Elected Members following the October 2019 Ordinary Local Government Elections to receive a contemporary and up to date copy of the Policy Manual.

Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan <2021. Specifically, this review of the Policy Manual aligns to the following Business Unit and Function:

1. Governance 1.1 Review Policy Manual

Comment While this review is being conducted to ensure the Council is meeting its statutory obligations, it is also beneficial for new Elected Members, particularly those with little to no substantive knowledge of the industry or working of Local Government, to receive a relevant set of policies that will assist with their induction. Importantly, Councillors should feel comfortable about seeking further explanation on the recommended changes and/or requesting further amendments to each policy should this be considered necessary. OFFICER’S RECOMMENDATION 1 That Council pursuant to Section 2.7 and Section 6.12(b) of the Local Government Act, 1995 adopt Executive 1.1 to 1.21; Governance Policies 2.1 – 2.38; and Infrastructure Polices 4.1 – 4.10 as presented with amendments in the Shire of Brookton Policy Manual, as presented in Attachment 15.09.19.01A that accompanies this report and delegate authority in accordance with Section 5.42 of the Local Government Act, 1995 to the CEO to administer and implement the policies as required. (Absolute majority vote required) OFFICER’S RECOMMENDATION 2 That Council pursuant to Division 2, Section 4.(2) of the of the Planning and Development (Local

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Planning Schemes) Regulations 2015, proceed to adopt the amendments to Development Policies 3.1 to 3.9 as presented Attachment 15.09.19.01A that accompanies this report, and proceed to advertise these policies for a period of 21 days seeking public comment on the proposed wording changes to each policy.

(Simple majority vote required) Attachments 15.09.19.01A Provided under separate cover and available on the Shire’s website.

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15.09.19.02 PARTNERING AGREEMENT – PROVISION OF MUTUAL AID FOR RECOVERY DURING EMERGENCIES – MEMORANDUM OF UNDERSTANDING (MOU)

File No: ADM 0682 Date of Meeting: 19 September 2019 Location/Address: WALGA Central Country Zone - Wheatbelt Region Name of Applicant: N/A Name of Owner: N/A Author/s: Ian D’Arcy - CEO Authorising Officer: As above Declaration of Interest: The author has an interest as the officer responsible implementing

Council Policy Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: This report relates to a draft Memorandum of Understanding (MOU) applicable to all Local Governments within the WALGA Central Country Zone (CCZ) with intent to:

Facilitate the provision of mutual aid between partnering Local Governments during emergencies and post incident recovery.

Enhance the capacity in each Local Government municipality to cope in times of difficulty. Demonstrate the capacity and willingness of participating Local Governments to collaborate

through working co-operatively and sharing resources within the CCZ region. According all Local Governments within the CCZ have been asked at the last WALGA Zone meeting to consider, and if comfortable, endorse the draft MOU. A copy of the draft agreement is present as Attachment 15.09.19.02A to this report. Description of Proposal: As above. Background: At the WALGA CCZ meeting on 15th March 2019 discussion was held on the potential for a ‘Partnering Agreement for the Provision of Mutual Aid for Recovery during Emergencies’. To assist in the consideration of this issue, a copy of the MOU that had already been prepared for and executed by the WALGA South West Country Zone Local Governments was presented for Member Councils of the CCZ. In turn, at the CCZ meeting it was agreed the concept of an MOU for Emergency Management support be referred to CCZ Member Councils for review. The matter was then again considered at CCZ meeting on Friday 30th August 2019, where Member Councils Resolved as follows:

‘That, subject to any amendment, the Memorandum of Understanding for the Provision of Mutual Aid during Emergencies and Post Incident Recovery be adopted for a period of three years from the date of signing, subject to it being considered and endorsed by each local government’

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Consultation: This matter has been predominantly discussed at a WALGA Zone level. Statutory Environment: There are no statutory provisions applicable to the execution of the MOU. In the main the MOU is not a binding agreement, but rather premise on good will and executed in good faith. Relevant Plans and Policy: There is no specific plan or policy that applies to the draft MOU. Financial Implications: There is no specific financial implications in executing the drat MOU. However, there may be costs incurred should the Shire attend and event or assist in aiding another Local Government party to the draft MOU. Should Council respond to a request, such costs would relate to staff salary/wages whilst assisting in the emergency and any loss, damage or cost associated with the provision of support (i.e. plant, equipment, protective clothing etc.), unless otherwise agreed in writing. In many instances the loss of plant and equipment would be covered under Council’s insurance, however there may be an insurance excess on particular plant or equipment that the Shire may have to meet. In any event the Council does have a cashed back ‘Contingency’ Financial Reserve for this purpose. The local government requesting the assistance in accordance with the MOU is to accept responsibility for all incidental cost associated with the provider’s personnel and equipment, such as: catering, accommodation, OHS, transport, fuel and storage.

Risk Assessment: By entertaining a Regional MOU that affords co-operation and resource sharing, the Council will be taking a pro-active step to enhancing its capacity, and hence minimizing risk, in responding to community need.

Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan <2021. Specifically, this acceptance of the draft MOU broadly aligns to the following Business Unit and Function:

8. Emergency Management 8.6 Co-ordinate Local Management Meetings/Exercises

Comment With the strongest predictions yet on Climate Change, recent occurrence of more frequent, intense and larger natural events (including the current fires burning in NSW and QLD), and risks associated with other emergencies, there is an increasing need for Local Governments to be prepared for emergencies. This includes respective stages of response and recovery where as an industry local government collectively has the required resources, understanding, and in some areas expertise, to help and support each other during, and particularly following a significant event.

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In light of this, the draft MOU - Partnering Agreement for the Provision of Mutual Aid for Recovery during Emergencies is viewed as an important and integral step in fostering collaboration and building capacity across multiple Local Governments. It is understood from the CCZ meetings that similar MOU arrangements in other Regions has proved very effective, presenting an opportunity for this Region to receive the same benefit. OFFICER’S RECOMMENDATION That Council endorses draft Memorandum of Understanding as provided by the WALGA Central Country Zone Executive Officer that fundamentally constitutes a ‘Partnering Agreement for the Provision of Mutual Aid for Recovery during Emergencies’, and authorise the Chief Executive Officer to execute the document upon receipt of the final version of document for signing.

Attachments 15.09.19.02A

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Attachment 15.09.19.03A

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16.09.19 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

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

18.09.19 CONFIDENTIAL REPORTS

18.09.19.01 RFQ 04.2019-20 – SUPPLY OF BITUMINOUS SEALING PRODUCTS/WORKS

File No: RFQ 04-2019.20

Date of Meeting: 19/9/2019 Location/Address: Shire of Brookton Name of Applicant: Shire of Brookton Name of Owner: Shire of Brookton Author/s: Stephen Thomson Authorising Officer: Ian D’Arcy – CEO Declaration of Interest: The author does not have an interest in this matter Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: This item seeks Council approval to engage a supplier determined as best value for money through a Request for Quotation process (RFQ 04-2019.20) for the supply and application of bituminous sealing products and works. OFFICER’S RECOMMENDATION That Council in consideration of Regulation 11(2)(b) of the Local Government (Functions and General) Regulations 1996 approve the engagement of Colas Western Australia Pty Ltd to supply bituminous sealing products (supply and application) for the 2019/20 financial year in accordance with the specifications and stipulations listed in the RFQ 04-2019.20 Supply of Bituminous Sealing Products/Works, and the submission received from Colas Western Australia dated 10 September 2019.

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18.09.19.02 RFQ 05.2019-20 - SUPPLY OF ROAD PAVEMENT CEMENT STABILISATION SERVICES

File No: RFQ 05.2019-20 Date of Meeting: 19/9/2019 Location/Address: Shire of Brookton Name of Applicant: Shire of Brookton Name of Owner: Shire of Brookton Author/s: Stephen Thomson Authorising Officer: Ian D’Arcy – CEO Declaration of Interest: The author does not have an interest in this matter Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: This item seeks Council approval to engage a supplier determined as best value for money through a Request for Quotation process (RFQ 05.2019-20) for the supply of Road Pavement Cement Stabilisation Works. OFFICER’S RECOMMENDATION That Council in consideration of Regulation 11(2)(b) of the Local Government (Functions and General) Regulations 1996 approve the engagement of Downer Infrastructure for the supply road pavement cement stabilization works for the 2019/20 financial year in accordance with the specifications and stipulations listed in the RFQ 05/2019 Supply of Road Pavement Cement Stabilisation Works and their submission received dated 6 September 2019.

19.09.19 NEXT MEETING & CLOSURE

The next Ordinary meeting of the Council will be held on 17 October 2019 commencing at 5.00 pm.


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