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Board Meeting Agenda: 2 September 2016 P a g e | 1

AGENDA

BOARD MEETING

DAY/DATE: FRIDAY 2 SEPTEMBER 2016

TIME: 10.00am

VENUE: ELLISTON COMMUNITY VISITOR

INFORMATION CENTRE

6 Memorial Drive, Elliston


Contents

Contents 2

1 INTRODUCTION 4

1.1 Welcome/Apologies 4

1.2 Minutes of Previous Meetings 4

2 BUSINESS ARISING FROM MINUTES 11

3 GENERAL REPORTS 11

3.1 President’s Report [verbal] 11

3.2 Individual Council Activity Reports 11

3.3 Executive Officer’s Report 12

3.3.1 Report No. 01-0916: General Update 12

3.3.2 Report No. 02-0916: EPLGA Meeting Procedures 17

3.3.3 Report No. 03-0916: Policy Review – Purchasing and Tendering 25

3.3.4 Report No. 04-0916: Executive Officer’s Work Plan 32

3.4 Local Government Association of SA 46

3.5 Office of State/Local Government Relations 47

3.6 Regional Development Australia Whyalla and Eyre Peninsula Inc [RDAWEP] 47

3.7 Eyre Peninsula Natural Resources Management Board (EPNRM) 48

3.8 Other Reports/Minutes 49

4 COMMITTEES 55

4.1 CEOs' Committee 55

4.2 Engineering & Works Committee 57

4.3 Eyre Peninsula Mineral & Energy Resources Community Development Taskforce 62

5 FINANCIAL REPORTS 67

5.1 Income and Expense Statement with comparison to budget for period ending 67

16 August 2016 and Balance Sheet as at 16 August 2016

6 DEPUTATIONS AND PETITIONS 74

6.1 Deputations/Presentations 74

6.2 Petitions – Nil 74

7 GENERAL BUSINESS – Motions on Notice and Without and Questions 74

7.1 From the Floor 74

8 CORRESPONDENCE 75

9 FUTURE MEETINGS 95


EPLGA DELEGATES FOR 2015/16

(As notified by Councils)

MEMBER COUNCIL BOARD MEMBER DEPUTY BOARD MEMBER

Ceduna Allan Suter (Mayor) Lynton Brown (D/Mayor)

Cleve Roger Nield (Mayor) Bryan Trigg (D/Mayor)

Elliston Kym Callaghan (Chair) Dave Allchurch (Deputy Chair)

Franklin Harbour Robert Starr (Mayor) Michael Williams (D/Mayor)

Kimba Dean Johnson (Mayor) Graeme Baldock (D/Mayor)

Lower Eyre Peninsula Julie Low (Mayor) Don Millard (D/Mayor)

Port Lincoln Neville Starke (D/Mayor) Andrea Broadfoot (Councillor)

Streaky Bay Sherron MacKenzie (Mayor) Robert Stephens (Deputy Mayor)

Tumby Bay Sam Telfer (Mayor) Geoff Stewart (D/Mayor)

Whyalla Lyn Breuer (Mayor) Clare McLaughlin (Councillor)

Wudinna Eleanor Scholz (Mayor) Ned Luscombe (D/Mayor)


1 INTRODUCTION

1.1 Welcome/Apologies

Apologies to date have been received from:

1.2 Minutes of Previous Meeting

Minutes included below recommendation.

RECOMMENDATION/S

That the minutes of the Board meeting of the Eyre Peninsula Local Government Association held on

Friday 24 June 2016, be adopted as a true and correct record of proceedings.


1.2

Minutes of the Eyre Peninsula Local Government Association Board Meeting held at Wudinna Community Club on

Friday 24 June 2016 commencing at 10.02am.

Delegates Present: Bruce Green [Chair] President, EPLGA

Bryan Trigg Deputy Mayor, District Council of Cleve [Proxy]

Kym Callaghan Chairperson, District Council of Elliston

Robert Starr Deputy Mayor, District Council of Franklin Harbour

Dean Johnson Mayor, District Council of Kimba

Julie Low Mayor, District Council of Lower Eyre Peninsula

Neville Starke Deputy Mayor, City of Port Lincoln

Sherron MacKenzie Mayor, District Council of Streaky Bay

Sam Telfer Mayor, District Council of Tumby Bay

Tom Antonio Acting Mayor, City of Whyalla

Eleanor Scholz Chairperson, Wudinna District Council

Guests/Observers: Tony Irvine Executive Officer, EPLGA

Peter Arnold CEO, District Council of Cleve

Phil Cameron CEO, District Council of Elliston

Michael Williams Deputy Mayor, District Council of Franklin Harbour

Robert Walsh Councillor, District Council of Franklin Harbour

Daryl Cearns CEO, District Council of Kimba

Rod Pearson CEO, District Council of Lower Eyre Peninsula

Rob Donaldson CEO, City of Port Lincoln

Joy Hentschke CEO, District Council of Streaky Bay

Trevor Smith CEO, District Council of Tumby Bay

Alan McGuire CEO, Wudinna District Council

Aina Danis Executive Assistant, RDAWEP/EPLGA

Howard Coote Indigenous Economic Development Manager, RDAWEP

Brad Riddle Tourism Development Manager, RDAWEP

Bob Ramsay Special Projects Manager, RDAWEP

Dion Dorward CEO, RDAWEP

Alex Hart Office of Local Government

Michael O’Neil Associate Professor, SA Centre for Economic Studies

Simone Reinertsen Stakeholder Specialist, National Heavy Vehicle Regulator

Hon Geoff Brock Minister for Regional Development

Paul Ryan Minister’s Chief of Staff, Regions SA

Damian Windsor Works manager, DC Tumby Bay

1. INTRODUCTION


President, Mayor Bruce Green welcomed Board Members, Council representatives and guests. He then sought the passing

of the following resolution as presented by the Executive Officer.

489/16: Life and Services of Mr Jim Pollock

Moved: Mayor Telfer Seconded: Mayor Low

That the Eyre Peninsula Local Government Association, in honour of the life and services of the former President and

Delegate of the Eyre Peninsula Local Government Association and Mayor of the City of Whyalla, Mr Jim Pollock:

expresses its deep felt condolences to Jim’s family, the City of Whyalla Elected Members and staff and the

entire Whyalla community on Jim’s passing; and

holds a 1 minute’s silence in respect of Jim’s passing.

CARRIED

A one minute silence was held in honour of the life and services of the late Mr Jim Pollock.

President Bruce Green requested permission from the Board to allow the Deputations/Presentations to address the meeting

prior to commencement of the business of the day, due to their additional commitments/travel arrangements for the day.

Following agreement of the Board the following presentations were undertaken:

5.1.1 Rosemary Craddock and Julie Dnistraianski, Solicitors - Native Title issues.

5.1.2 Simone Reinertsen, Stakeholder Specialist, National Heavy Vehicle Regulator – responsibilities of the Department/

working with stakeholders.

5.1.3 Associate Professor Michael O’Neil - Regional Economic Development Plan.

5.1.4 Minister Geoff Brock/Alex Hart, Office of Local Government – Legislative update & other matters.


Meeting adjourned for lunch at 12.55pm and reconvened at 1.25pm.

Apologies received from:

Roger Nield Mayor, District Council of Cleve

Eddie Hughes Member for Giles

Peter Treloar Member for Flinders

Geoffrey Moffatt Chief Executive Officer, District Council of Ceduna

Diana Laube Presiding

Allan Suter Mayor, District Council of Ceduna

1.2 Minutes of Previous Meeting

490/16: Confirmation of Minutes

Moved: Deputy Mayor Starke Seconded: Mayor Scholz

That the minutes [with amendments] of the:

1. Board meeting of the Eyre Peninsula Local Government Association held in Wudinna on Monday 29 February

2016, be adopted as a true and correct record of proceedings, subject to the following change:-

Motion # 499/16: Exemption from Audit Committee Requirements – insert not having an audit committee in lieu of

having an audit committee.

2. Special meeting of the Board of the Eyre Peninsula Local Government Association held on Wednesday 16

December 2015, be adopted as a true and correct record of proceedings.

3. Special meeting of the Board of the Eyre Peninsula Local Government Association held on Friday 11 March

2016, be adopted as a true and correct record of proceedings.

CARRIED

2. BUSINESS ARISING FROM THE MINUTES

Nil.

3. GENERAL REPORTS

3.1 President’s Report – Mayor Bruce Green

President Bruce Green reported on the following:

EPLGA submission on oil and gas exploration in the GAB.

Trip to Shandong

Mutual Liability Scheme/trip to London.

Executive Officer performance review.

Working being undertaken by Tony Irvine with the Whyalla City Council.

3.2 Individual Council Activity Reports [2 minute summary]

As presented.

3.3 Executive Officer’s Reports

3.3.1 Report No 1-0616: General Update

Resolved that the Chief Executive Officer of the Regional Development Australia Whyalla & Eyre Peninsula Board & Executive

Officer of the Eyre Peninsula Local Government Association Board arrange a joint Board workshop to further discuss the

regional economic development plan and necessary actions.

491/16: Executive Officer’s Report/Letter to Jim Pollock/Letter to SA Ambulance

Moved: Mayor Low Seconded: Deputy Mayor Trigg

1. That the Executive Officer’s report be received.

2. That the letter of appreciation forwarded to Mr Jim Pollock on his past achievements and contributions to the

Eyre Peninsula Region be endorsed by the Eyre Peninsula Local Government Association Board.

3. That correspondence is sent to SA Ambulance Service, the Minister for Emergency Services and the Premier of

South Australia expressing the concerns of the Eyre Peninsula Local Government Association Board regarding

the planned move to not cover South Australian Ambulance Service member residents when travelling

interstate.

CARRIED


3.3.2 Report 2-0616: EPLGA Corporate Plan 2016-2019.

492/16: Corporate Plan 2016-2019 [Draft]

Moved: Chairperson Callaghan Seconded: Mayor Johnson

That the Eyre Peninsula Local Government Association Board adopts the 2016-2019 Corporate Plan.

CARRIED

3.3.3 Report 3-0616:2016-2017 Budget/Subscriptions/Sundry Information

493/16: 2016-2017 Budget/Subscriptions

Moved: Mayor Telfer Seconded: Chairperson Callaghan

That the Eyre Peninsula Local Government Association Board adopts:

1. The EPLGA Member Council subscriptions pursuant to its charter clause 5; and

2. The 2016-17 financial year budget pursuant to:

LGA Act Schedule 2 Part 2 clause 25; and

Clause 13 of the Eyre Peninsula Local Government Association Charter.

CARRIED

3.3.4 Report 4-0616: Meeting Actions Report

494/16: Meeting Actions Report

Moved: Mayor MacKenzie Seconded: Mayor Scholz

That the Eyre Peninsula Local Government Association Board notes the Meeting Actions Report.

CARRIED

3.3.5 Report 5-0616: Meeting Procedures and Proceedings

495/16: Meeting Procedures and Proceedings

Moved: Mayor Telfer Seconded: Deputy Mayor Trigg

That the Eyre Peninsula Local Government Association Board adopts the meeting procedures as presented by the

Executive Officer, with any amendments as determined by the Board.

CARRIED – MOTION LOST

Resolved that the Executive Officer re-present Report No. 5-0616 - Meeting Procedures with amendments to permit

individual member Council Chief Executive Officer’s being able to participate in Board Meeting debate & discussions.

3.3.6 Report 6-0616: Policy Reviews

496/16: Policy Reviews

Moved: Deputy Mayor Starke Seconded: Mayor Johnson

That the Eyre Peninsula Local Government Association Board, having reviewed the following policies, adopts the

policies as written in the report [subject to any further amendments by the Eyre Peninsula local Government

Association Board]:

1. Code of Conduct for Board Members [including the Eyre Peninsula Local Government Association Board

Executive Committee “Code of Conduct for the Eyre Peninsula Local Government Association Office Bearers

Complaints Handling Procedures”];

2. Environmental Protection Policy [renamed Environmental Sustainability and Resource Efficiency Policy];

3. Human Resource Policy;

4. Public Consultation Policy;

5. Regional Economic Development Policy; and

6. Media Policy.

CARRIED

3.3.7 Shadow Minister’s Visit re Rate Capping/Sundry Matters

497/16: Rate Capping

Moved: Mayor Telfer Seconded: Mayor Scholz

That the Eyre Peninsula Local Government Association Board is opposed to the introduction of rate capping.

CARRIED

3.4 Local Government Association of SA – [David Hitchcock]

As presented – update of LGA business relevant to the region.

3.5 Office of State/Local Government Relations

As presented during agenda item 5.1 Deputations/Presentations – being brought forward in the meeting.

3.6 RDA Whyalla and Eyre Peninsula Inc [Dion Dorward]

As presented – update on business relevant to the region.


498/16: Funding Agreement – RDAWEP

Moved: Mayor Johnson Seconded: Mayor MacKenzie

That the Eyre Peninsula Local Government Association Board strongly recommends to the 11 Member Councils that

they sign the funding agreement the period 1 July 2016 – 30 June 2019 between the eleven [11] Member Councils

and Regional Development Australia Whyalla and Eyre Peninsula.

CARRIED

3.7 Eyre Peninsula Natural Resources Management Board

No report.

3.8 SA Police (SAPOL)

No report.

3.9 CFS

No report.

3.10 SES

No report.

3.11 Other Reports

3.11.1 South Australian Regional Organisation of Councils – Minutes/Key Outcomes Summary of the Committee

meetings held on 16 March and 19 May 2016

As tabled.

3.11.2 Eyre Peninsula Mineral and Energy Resources Community Development Taskforce Minutes dated 30

March 2016/Annual Report

499/16: Taskforce Minutes/Annual Report

Moved: Mayor Low Seconded: Mayor Telfer

That the Eyre Peninsula Mineral and Energy Resources Community Development Taskforce Minutes dated 30 March

2016 and the Activities Report for 2015/2016 be noted.

CARRIED

4. FINANCE REPORTS

4.1 Income & Expense Statement with comparison to budget for period ending 8 June 2016 and Balance Sheet as at

8 June 2016.

500/16: Receipt of Finance Reports

Moved: Mayor Telfer Seconded: Mayor Johnson

That the Eyre Peninsula Local Government Association Board receives the Income & Expense Statement with

comparison to budget for period 1 July 2015 – 8 June 2016 and Balance Sheet as at 8 June 2016.

CARRIED

5. DEPUTATIONS AND PRESENTATIONS

5.1 Deputations/Presentations

As presented earlier.

5.2 Petitions

Nil.

6. GENERAL BUSINESS – Motions on Notice & Without and Questions

6.1 From the floor – Motions on Notice

501/16: Proposed Alterations to Regulations/Legislations to Meetings/Gatherings

Moved: Mayor Telfer Seconded: Acting Mayor Antonio

That the Eyre Peninsula Local Government Association opposes Minister Brock’s proposed alterations to Division 2 of

Part 2 of the Local Government (Procedures at Meetings) Regulations 2000 in relation to informal discussion.

CARRIED

7. CORRESPONDENCE

7.1 Correspondence for Decision


1-0616: Ros Agate, Director, Strategy & Business, Environment Protection Authority: Copy of a letter sent to Trevor

Smith, CEO, DC Tumby Bay, providing information on exemptions to the general prohibition of the burning of

matter by fire in the open within Council Areas.

Received

2-0616: Joy Hentschke, CEO, DC Streaky Bay: Request for the EPLGA to prepare a motion for the 2016 National General

Assembly on 19-22 June 2016 on behalf of rural Councils on the following matters:

Council losing control of their destiny

Rubble royalties

Food catering, e.g. hospital

Rural health services

Coastal

Regional infrastructure

National parks [no rates]

Planning and development

Regional freight and passenger bus service

Received

Acting Mayor Tom Antonio thanked the EPLGA and RDAWEP for providing ongoing support regarding the current situation

in Whyalla.

7.2 Correspondence for Information

As listed in the agenda.

8. EXECUTIVE OFFICER PERFORMANCE REVIEW REPORT [IN CONFIDENCE]

502/16: Executive Officer Performance Review

Moved: Mayor Telfer Seconded: Acting Mayor Antonio

Pursuant to Section 90(2) of the Local Government Act 1999, the Eyre Peninsula Local Government Association Board

orders that the public be excluded, except Member Council’s Chief Executive Officers and Minute Secretary (Aina

Danis) from the meeting for agenda item 8, being “Executive Officer Performance Review Report”, on the basis that

the Eyre Peninsula Local Government Association Board is satisfied that, pursuant to Section 90(3)(a) of the Act, the

information, the disclosure of which would involve the unreasonable disclosure of information concerning the

personal affairs of any person [living or dead].

CARRIED

Summary of the performance review was provided by President Bruce Green.

Resolved:

That the Eyre Peninsula Local Government Association Board is to offer a new two year Contract of Employment to

Mr Tony Irvine (Executive Officer) in accordance with Clause 5.4.1 of the current Contract of Employment:

on terms and conditions similar to those of the current Contract, with base salary increased by 2% commencing

1 July 2016; and

subject to the provision that the hours of employment may be reduced, with appropriate notice given, if

required in the event that the funding of the LGA Outreach Program is not continued at any time.

That the President be authorised to complete and sign all necessary documentation associated with the entering

into of the new Contract of Employment.

503/16: Employment Contract – Executive Officer, EPLGA

Moved: Mayor Telfer Seconded: Mayor MacKenzie

That the Eyre Peninsula Local Government Association, having considered, in confidence, the report relating to the

performance review of the Executive Officer, resolves to retain the report, its attachments and the minutes in

confidence as they relate to the personal affairs of a person living or dead within the parameters of Sections 90(3)

(a) of the Local Government Act 1999. This Order is to remain in place until the Executive Officer and the President

of the Eyre Peninsula Local Government Association sign a new employment contract.

CARRIED

9 FUTURE MEETINGS

504/16: Next Meeting

Moved: Mayor Johnson Seconded: Mayor MacKenzie

That the next meeting of the Eyre Peninsula Local Government Association Board will be held on Friday 2 September

2016 at Elliston.

CARRIED

Future Meeting dates for 2016:

Friday 2 December - Wudinna


Conference Location Rotation

2017 Lower EP 2018 Port Lincoln

2019 Kimba 2020 Wudinna 2021 Cowell

2022 Cleve 2023 Streaky Bay 2024 Elliston

Meeting closed at 3.36pm

__________________________________ ___________________

President Date


2 BUSINESS ARISING FROM MINUTES

From the floor.

3 GENERAL REPORTS

3.1 President’s Report [verbal]

3.2 Individual Council Activity Reports [2 minute summary]


3.3 Executive Officer’s Report

3.3.1 Report No. 01-0916: General Update

To: President and EPLGA Board Members

Date: 2 September 2016

Topic: General Update

Report No: 1-0916

PROPOSAL:

That the EPLGA Board notes the information provided on various topics.

BACKGROUND:

The Executive Officer will from time to time provide a report on matters he considers necessary for the

attention of the EPLGA Board.

DETAIL:

1. Use of Common Seal – BankSA Credit Card Limit Increase

When increasing the EPLGA credit card limit from $3,000 to $10,000, the EPLGA common seal was required

for application to the bank documentation. The charter states the following in instances where the common

seal is required to be used. There was also a need to change a policy in relation to this matter – refer Report

03-0916 - Policy Review.

18. Common Seal

18.1 The EPLGA will have a common seal which may be affixed to documents requiring execution

under the common seal and must be witnessed by the signatures of two Board Members.

18.2 The common seal must not be affixed to a document except to give effect to a resolution of

the Board. The Executive Officer will maintain a Register which records the resolutions of the

Board giving authority to affix the common seal and details of the documents to which the

common seal has been affixed, with particulars of the persons who witnessed the fixing of the

seal and the date.

18.3 Subject to Clause 18.2, the Board made by instrument under seal authorise a person to execute

documents on behalf of the EPLGA The Executive Officer will maintain a Register of such

resolutions and details of any documents executed in this way, together with particulars of the

person executing the document.

Refer attached correspondence [agenda item 3.3.1.1] for signing of the document and internal controls.

2. LGA R & D Scheme Funding Applications [Closing date 29 July 2016]

Two applications for funding have been submitted on behalf of the EPLGA for:-

Development of Road Construction & Maintenance Standards (industry wide)

Support for the EP Mineral & Energy Resources Community Development Taskforce

Regional Strategic Plan (Joint application by RDAWEP & EPLGA)

Emails were sent out on 27 July 2016 advising Mayors and Chief Executive Officers of the applications.

The Road Construction and Maintenance Standards application was also discussed at a recent Engineering &

Works Committee meeting [refer meeting notes and the resulting recommendations for consideration by the

EPLGA Board under agenda item 4.2].


3. Executive Officer Leave

I plan to take annual leave from the 4 – 14 October 2016 [68.4 hours] and seek approval of the EPLGA Board.

As at 19 August 2016 I have accrued 150.28 hours of annual leave.

The leave is requested for personal and family reasons.

4. LGA of SA NRM Pilot

Several meetings ago the EPLGA Board endorsed the Executive Officer to investigate opportunities for the

region through the LGA’s NRM Reform pilot. At a recent meeting with the LGA it was decided to defer the

pilot for a further 12 months based on insufficient funding to support the pilot. This region is aiming to seek

funding under this pilot to implement the EPICCA Adaptation Plan. The EPICCA group will re-work its

Adaptation Plan implementation works schedule, with costings, to allow them to be forwarded to the LGA well

prior to their 2017/18 budget process.

RECOMENDATION(S):

1. That the Executive Officer’s report be received.

2. That the Eyre Peninsula Local Government Association Board, pursuant to section 18 of its charter,

endorses the use of the common seal for the execution of BankSA documents to increase the

corporate credit card limit from $3,000 to $10,000. Furthermore, that the Association endorses

the signing of the BankSA documents by any two [2] Board Members and/or the Executive Officer

and/or Finance Officer (Sue Henriksen).

3. That the Eyre Peninsula Local Government Association Board endorses the Executive Officer’s

actions in submitting funding applications to the Local Government Association’s Research &

Development Scheme for:

development of Road Construction and Maintenance Standards (industry wide);

support for the EP Mineral & Energy Resources Community Development Taskforce; and

the Regional Strategic Plan [joint application by Regional Development Australia Whyalla and

Eyre Peninsula and the Eyre Peninsula Local Government Association].

4. That the Eyre Peninsula Local Government Association Board approves the Executive Officer’s

application for annual leave from 4 – 14 October 2016.


Internal Controls

5.4 Credit Card

Control Assessment Worksheet

Risk Category – Expenses

Business Process – Credit Cards

Risk No. 1 – Credit Cards are used for purchases of a personal nature.

Description: If Credit Cards are used for purchases of a personal nature, then there is the risk that these items will be paid by EPLGA

Board, resulting in overstating the operating expenses in management reports and the financial statements as well as adverse

publicity.

Inherent Risk Assessment

Likelihood Unlikely

Consequence: Minor

Rating: Low

Controls

Contro

l

Ty

pe

Action Plan

(if control not currently in place)

Responsible

Officer

Reviewing

Officer

1.

EPLGA Board and/or Executive Officer approve all

issues of Credit Cards and limits, to employees

prior to release. Core

With one employee (the Exec Officer)

1. The need for a Credit Card Policy Control is to be

determined. If deemed necessary a Credit Card

policy is to be developed and implemented, but

included in Purchasing Policy

EXEC OFFICER EPLGA Board

2.

Employee to sign a declaration confirming compliance

with EPLGA Board policy and procedures prior to

the Credit Card being released. Core




policy is to be developed and implemented, but

included in Purchasing Policy.


3.

Usage restrictions placed on Credit Card (i.e. only used

for predefined purchases from pre-approved

businesses).

Additio

nal

Control not considered applicable, there are

restrictions. Refer to Purchasing Policy. N/A N/A

4.

All credit card statements sent directly to person

independent from the credit card holder.

Independent officer matches all transactions from

the statement to valid tax invoices prior to

approval.

Additio

nal

Invoices matched after approval. Responsibility to

match tax invoices to credit card statements

and/or completion of statutory declaration

for missing receipts to shift to the card

holder.

RDAWEP Support

Staff EXEC OFFICER

5. Any personal expenses are investigated and rectified. Additio

nal

N/A as control in place. RDAWEP Support

Staff EXEC OFFICER


Control Assessment Worksheet

Risk Category – Expenses

Business Process – Credit Cards

Risk No. 2 – Credit Card limits are set at inappropriate levels.

Description: If credit card limits are too high, then this may result in an increase in expenditure and budget overruns. On the other

hand, if credit card limits are insufficient, this could reduce the operational effectiveness of the credit card process and result in

purchasing delays.

Inherent Risk Assessment

Likelihood Likely

Consequence: Minor

Rating: Moderate

Controls

Contro

l

Ty

pe

Action Plan

(if control not currently in place)

Responsible

Officer

Reviewing

Officer

1.

EPLGA Board, EXEC OFFICER or other authorised officer

approves all issues of Credit Cards and limits, to

employees prior to release.

Core




policy is to be developed and implemented. Refer

to Purchasing Policy


2.

All credit card limits are set in accordance with

Delegations of Authority and reviewed by

management for operational efficiency.

Core

N/A as control in place, Credit Card limits are set

by EPLGA Board with the Financial Institution. RDAWEP Support

Staff

EXEC OFFICER &

EPLGA

Board


3.3.1.1


3.3 Executive Officer’s Report cont.

3.3.2 Report No. 02-0916: Meeting Procedures



Topic: Meeting Procedures

Report No: 02-0916

PROPOSAL:

That the EPLGA Board adopts the proposed meeting procedures (subject to any amendments) for their Board

meetings.

BACKGROUND:

At the 24 June 2016 EPLGA Board meeting a draft copy of meeting procedures was tabled as a part of the

Executive Officer’s report. As a result the Executive Officer was directed to make amendments to the

procedures to allow the individual Council Chief Executive Officers the opportunity to speak at Board

Meetings.

DETAIL:

Refer the attached draft meeting procedures with directed amendments shaded. Should the draft not be

adopted then the default position for the EPLGA Board meeting procedures is as per the Local Government

(Procedures at Meetings) Regulations 2013.

Clause 8 of the EPLGA Board Charter which refers to meeting proceedings reads:

Subject only to the extent that they are modified by this Clause, the proceedings of the Board will be the same

as those for committees of Council as defined in Part 2 of Chapter 6 of the Act and in accordance with the

Regulations for “Other Committees” comprised in Parts 1, 3 and 4 of the Local Government (Proceedings at

Meetings) Regulations 2013.

References in Part 2 of Chapter 6 of the Act to “the Chief Executive Officer” shall be read as if they were

references to the Executive Officer of the EPLGA and references to “the Council” or “the Committee” shall be

read as if they were references to the EPLGA.

To the extent that this Charter and the Act and its associated Regulations are silent, the Board may determine

its own meeting procedures.

The Local Government Act 1999 reads as such:

89—Proceedings of council committees

(1) Subject to this Act, the procedure to be observed in relation to the conduct of meetings of a council

committee will be—

(a) as prescribed by regulation;

(b) insofar as the procedure is not prescribed by regulation—as determined by the council;

(c) insofar as the procedure is not prescribed by regulation or determined by the council—as determined by

the council committee itself.

Parts 1, 3 and 4 of the Local Government (Procedures at Meetings) Regulations 2013 under the Local

Government Act 1999 apply to the EPLGA Board in determining its own procedures for meetings.

I look forward to the EPLGA Board debating what they wish to include/not include in their meeting

procedures.

STRATEGIC REFERENCE:

N.A.


LEGISLATIVE REFERENCE:

EPLGA Board Charter

Local Government Act 1999 – Part 2 Chapter 6

Local Government (Proceedings at Meetings) Regulations 2013 – Parts 1, 3 & 4

BUDGET REFERENCE:

N.A.

RISKS:

Difficulty in meetings governance.

Decision making relevance to legislative requirements.

REVIEW PERIOD:

As and when desired by the EPLGA Board.

RECOMENDATION(S):

That the Eyre Peninsula Local Government Association Board adopts the Meeting Procedures as

presented by the Executive Officer with any amendments as determined by the Board.

Enclosures:

Draft EPLGA Board Meeting procedures


Policy Name Board Meeting Procedures

Reviewed By Executive Officer

Date Adopted

1. Purpose

These board meeting procedures (“the meeting procedures” or “these meeting procedures”, as the context

may require) are to govern the proceedings of the Eyre Peninsula Local Government Association (“the EPLGA”)

Board (“the Board”).

The meeting procedures are intended to compliment the EPLGA Charter and are to be read in conjunction

with clause 8 of the Charter in relation to procedures to be observed at all EPLGA Board meetings.

2. Principles

The Guiding Principles as set out in regulation 4 of the Local Government (Procedures at Meetings)

Regulations 2013 are to be applied with respect to the procedures to be observed at a meetings of the

Board, namely that:

(a) procedures should be fair and contribute to open, transparent and informed decision-making;

(b) procedures should encourage appropriate community participation in the affairs of the EPLGA;

(c) procedures should reflect levels of formality appropriate to the nature and scope of responsibilities

exercised at the meeting; and

(d) procedures should be sufficiently certain to give the community and decision-makers confidence in the

deliberations undertaken at the meeting.

3. Definitions and Interpretation

3.1 In these meeting procedures, the definitions in the EPLGA Charter apply unless the contrary intention

appears—

Charter means the Charter of the EPLGA as in force at the relevant time.

clear days—see sub-clause 3.2 and 3.3 of these meeting procedures;

deputation means a person or group of persons who wish to appear personally before a council or council

committee in order to address the council or committee (as the case may be) on a particular matter;

formal motion means a motion—

(a) that the meeting proceed to the next business; or

(b) that the question be put; or

(c) that the question lie on the table; or

(d) that the question be adjourned; or

(e) that the meeting be adjourned;

Guiding Principles means the Guiding Principles set out in regulation 4 of the Local Government (Procedures

at Meetings) Regulations 2013

point of order means a point raised to draw attention to an alleged breach of the Act or these regulations in

relation to the proceedings of a meeting;

President and Deputy President means the person who is appointed to each of these roles in accordance

with clause 9 of the Charter;

principle office means the EPLGA office at 89 Liverpool Street, Port Lincoln;

written notice includes a notice given in a manner or form determined by the Executive Officer of the EPLGA.

3.2 In the calculation of clear days in relation to the giving of notice before a meeting—

(a) the day on which the notice is given, and the day on which the meeting occurs, will not be taken

into account; and

(b) Saturdays, Sundays and public holidays will be taken into account.

3.3 For the purposes of the calculation of clear days, if a notice is given after 5 p.m. on a day, the notice

will be taken to have been given on the next day.

3.4 For the purposes of these meeting procedures, a vote on whether leave of the meeting is granted may

be conducted by a show of hands (but nothing in these meeting procedures prevents a division from

being called in relation to the vote).

4. The Proceedings of the Board

The proceedings of the Board will, subject only to the extent they are modified by these meeting procedures

or clause 8 of the Charter, be the same as those for committees of a Council as defined in Part 2 of Chapter 6

of the Act and in accordance with the Regulations comprised in Parts 1, 2, 3 and 4 of the Local Government

(Proceedings at Meetings) Regulations 2013.

In addition, the following proceedings of the EPLGA Board shall also be observed by Board Members,

constituent Councils and their voting delegates:


4.1 Commencement of meetings and quorums

(1) A meeting will commence as soon after the time specified in the notice of meeting as a quorum is

present.

(2) If the number of apologies received by the Executive Officer indicates that a quorum will not be present

at a meeting, the Executive Officer may adjourn the meeting to a specified day and time.

(3) If at the expiration of 30 minutes from the time specified in the notice of meeting as the time of

commencement a quorum is not present, the President or, in the absence of the President, the Deputy

President or the Executive Officer, will adjourn the meeting to a specified day and time.

(4) If a meeting is adjourned for want of a quorum, the Executive Officer will record in the minutes the

reason for the adjournment, the names of any Board Members present, and the date and time to which

the meeting is adjourned.

(5) If a meeting is adjourned to another day, the Executive Officer must—

(a) give notice of the adjourned meeting to each Board Member setting out the date, time and place of

the meeting; and

(b) give notice of the adjourned meeting to the public by causing a notice setting out the date, time

and place of the meeting to be placed on display on the EPLGA website.

4.2 Minutes

(1) The minutes of the proceedings at a meeting must be submitted for confirmation at the next meeting or,

if that is omitted, at a subsequent meeting.

(2) No discussion on the minutes may occur before confirmation, except as to the accuracy of the minutes

as a record of proceedings.

(3) On the confirmation of the minutes, the President will—

(a) initial each page of the minutes, which pages are to be consecutively numbered; and

(b) place his or her signature and the date of confirmation at the foot of the last page of the minutes.

(4) The minutes of the proceedings of a meeting must include—

(a) the names of the Board Members present at the meeting; and

(b) in relation to each Board Member present—

(i) the time at which the person entered or left the meeting; and

(ii) unless the person is present for the whole meeting, the point in the proceedings at which the

person entered or left the meeting; and

(c) each motion or amendment, and the names of the mover and seconder; and

(d) any variation, alteration or withdrawal of a motion or amendment; and

(e) whether a motion or amendment is carried or lost; and

(f) any disclosure of interest made by a Board Member; and

(g) an account of any personal explanation given by a Board Member; and

(h) details of the making of an order under subsection (2) of section 90 of the Act (see subsection (7) of

that section); and

(i) a note of the making of an order under subsection (7) of section 91 of the Act in accordance with

the requirements of subsection (9) of that section; and

(j) details of any adjournment of business; and

(k) a record of any request for documents to be tabled at the meeting; and

(l) a record of any documents tabled at the meeting; and

(m) a description of any oral briefing given to the meeting on a matter of Board business; and

(n) any other matter required to be included in the minutes by or under the Act or any regulation.

4.3 Questions

(1) A Board Member may ask a question on notice by giving the Executive Officer written notice of the

question at least 10 clear days before the date of the meeting at which the question is to be asked.

(2) If notice of a question is given —

(a) the Executive Officer must ensure that the question is placed on the agenda for the meeting at

which the question is to be asked; and

(b) the question and the reply must be entered in the minutes of the relevant meeting.

(3) A Board Member may ask a question without notice at a meeting.

(4) The President may allow the reply to a question without notice to be given at the next meeting.

(5) A question without notice and the reply will not be entered in the minutes of the relevant meeting unless

the Board Members present at the meeting resolve that an entry should be made.

(6) The President may rule that a question with or without notice not be answered if the President considers

that the question is vague, irrelevant, insulting or improper.


4.4 Petitions

(1) A petition to the Board must—

(a) be legibly written or typed or printed; and

(b) clearly set out the request or submission of the petitioners; and

(c) include the name and address of each person who signed or endorsed the petition; and

(d) be addressed to the Executive Officer of the EPLGA and delivered to the principal office.

(2) If a petition is received, the Executive Officer must ensure that a statement as to the nature of the

request or submission and the number of signatures or the number of persons endorsing the petition, is

placed on the agenda for the next ordinary meeting of the Board.

4.5 Deputations

(1) A person or persons wishing to appear as a deputation at a meeting must deliver (to the principal office

of the EPLGA) a written request.

(2) The President and Executive Officer shall consult on any deputation requests and may refuse to allow the

deputation to appear at a meeting.

4.6 Motions

(1) A Board Member may bring forward any business in the form of a written notice of motion.

(2) The notice of motion must be given to the Executive Officer at least 3 clear days before the date of the

meeting at which the motion is to be moved. The Executive Officer, upon receipt of such notice, shall

immediately advise all Board Members by email or telephone if it is unable to be included in the meeting

agenda prior to broadcasting to Board Members.

(3) Subject to the Act and these regulations, a Board Member may also bring forward any business by way of

a motion without notice.

(4) The President may refuse to accept a motion without notice if, after taking into account the Guiding

Principles, he or she considers that the motion should be dealt with by way of a written notice of motion.

(5) The President may refuse to accept a motion if the subject matter is, in his or her opinion, beyond the

power of the Board.

(6) A motion will lapse if it is not seconded at the appropriate time.

(7) A Board Member moving or seconding a motion will speak to the motion at the time of moving or

seconding the motion.

(8) A Board Member may only speak once to a motion except—

(a) to provide an explanation in regard to a material part of his or her speech, but not so as to

introduce any new matter; or

(b) with leave of the meeting; or

(c) as the mover in reply.

(9) A Board Member who has spoken to a motion may not at a later stage of the debate move or second an

amendment to the motion.

(10) A Board Member who has not spoken in the debate on a question may move a formal motion.

(11) A formal motion must be in the form of a motion set out in sub paragraph (14) (and no other formal

motion to a different effect will be recognised).

(12) If the formal motion is—

(a) that the meeting proceed to the next business, then the effect of the motion, if successful, is, in

the case of an amendment, that the amendment lapses and the meeting proceeds with the

consideration of the motion before the meeting without further reference to the amendment and, in

the case of a motion, that the motion lapses and the meeting proceeds to the next item of business;

or

(b) that the question be put, then the effect of the motion, if successful, is that debate is terminated

and the question put to the vote by the presiding member without further debate; or

(c) that the question lie on the table, then the effect of the motion, if successful, is that the meeting

immediately moves to the next item of business and the question can then only be retrieved at a

later time by resolution (and, if so retrieved, debate is then resumed at the point of interruption); or

(d) that the question be adjourned, then the effect of the motion, if successful, is that the question is

disposed of for the time being but debate can be resumed at the later time (at the point of

interruption); or

(e) that the meeting be adjourned, then the effect of the motion, if successful, is that the meeting is

brought to an end immediately without the consideration of further business.

(13) If seconded, a formal motion takes precedence and will be put by the President without discussion

unless the motion is for an adjournment (in which case discussion may occur (but only occur) on the

details for resumption).

(14) A formal motion does not constitute an amendment to a substantive motion.


(15) If a formal motion is lost—

(a) the meeting will be resumed at the point at which it was interrupted; and

(b) if the formal motion was put during debate (and not at the end of debate) on a question, then a

similar formal motion (i.e. a motion to the same effect) cannot be put until at least 1 Board Member

has spoken on the question.

(16) A formal motion for adjournment must include the reason for the adjournment and the details for

resumption.

(17) Any question that lies on the table as a result of a successful formal motion under sub regulation (12)(c)

lapses after 12 months from the date of the formal motion.

(18) The Executive Officer must include all such formal motions as in sub paragraph (12)(c) in the Board

agenda until it lapses or is lifted from the table.

(19) Sub regulations (7), (8) and (9) may be varied at the discretion of the presiding member.

4.7 Amendments to motions

(1) A Board Member who has not spoken to a motion at an earlier stage of the debate may move or second

an amendment to the motion.

(2) An amendment will lapse if it is not seconded at the appropriate time.

(3) A person who moves or seconds an amendment (and, if he or she chooses to do so, speaks to the

amendment) will, in so doing, be taken to have spoken to the motion to which the amendment relates.

(4) If an amendment is lost, only 1 further amendment may be moved to the original motion.

(5) If an amendment is carried, only 1 further amendment may be moved to the original motion.

(6) Sub regulations (1), (3), (4) and (5) may be varied at the discretion of the President.

4.8 Variations, etc.

(1) The mover of a motion or amendment may, with the consent of the seconder, request leave of the

meeting to vary, alter or withdraw the motion or amendment.

(2) The President must immediately put the question for leave to be granted and no debate will be allowed

on that question.

4.9 Addresses by constituent Council voting delegates and Chief Executive Officers.

(1) A Board Member or constituent Council Chief Executive Officer must not speak for longer than 5 minutes

at any 1 time without leave of the meeting.

(2) A Board Member may, with leave of the meeting, raise a matter of urgency.

(3) A Board Member may, with leave of the meeting, make a personal explanation.

(4) The subject matter of a personal explanation may not be debated.

(5) The contribution of a Board Member or Council Chief Executive Officer must be relevant to the subject

matter of the debate.

(6) Sub regulations (1) and (2) may be varied at the discretion of the President.

4.10 Voting

(1) The President, or any other Board Member, may ask the Executive Officer to read out a motion before a

vote is taken.

(2) The President will, in taking a vote, ask for the votes of those Board Members in favour of the question

and then for the votes of those Board Members against the question (and may do so as often as is

necessary to enable him or her to determine the result of the voting), and will then declare the outcome.

(3) A person who is not in his or her seat is not permitted to vote.

(4) Sub regulation (3)—

(a) may be varied at the discretion of the President; and

(b) does not apply in relation to a Board Member participating in a meeting by telephone or electronic

means approved in accordance with the charter.

4.11 Divisions

(1) A division will be taken at the request of a Board Member.

(2) If a division is called for, it must be taken immediately and the previous decision of the President as to

whether the motion was carried or lost is set aside.

(3) The division will be taken as follows:

(a) the Board Members voting in the affirmative will, until the vote is recorded, stand in their places;

(b) the Board Members voting in the negative will, until the vote is recorded, sit in their seats;

(c) the President will count the number of votes and then declare the outcome.

(d) in relation to a Board Member participating in a meeting by telephone or electronic means approved

in accordance with the Charter, the President will ask whether they are voting in the affirmative or

negative.


(4) The Executive Officer will record in the minutes the names of Board Members who voted in the

affirmative and the names of the Board Members who voted in the negative (in addition to the result of

the vote).

(5) Sub regulation (3) may be varied at the discretion of the presiding member.

4.12 Tabling of information

(1) A Board Member may require the Executive Officer to table any documents of the EPLGA relating to a

motion that is before a meeting (and the Executive Officer must then table the documents within a

reasonable time, or at a time determined by the President after taking into account the wishes of the

meeting, and if the Board Member who has required the tabling indicates that he or she is unwilling to

vote on the motion until the documents are tabled, then the matter must not be put to the vote until the

documents are tabled).

(2) The Executive Officer may, in tabling a document, indicate that in his or her opinion consideration

should be given to dealing with the document on a confidential basis under section 90 or 91 of the Act.

4.13 Adjourned business

(1) If a formal motion for a substantive motion to be adjourned is carried—

(a) the adjournment may either be to a later hour of the same day, to another day, or to another place;

and

(b) the debate will, on resumption, continue from the point at which it was adjourned.

(2) If debate is interrupted for want of a quorum and the meeting is then adjourned, the debate will, on

resumption, continue from the point at which it was interrupted.

(3) Business adjourned from a previous meeting must be dealt with before any new business at a

subsequent meeting.

4.14 Short-term suspension of proceedings

(1) If the President considers that the conduct of a meeting would benefit from suspending the operation of

all or some of the meeting procedures for a period of time in order to allow or facilitate informal

discussions, the President may, with the approval of at least two-thirds of the constituent Council voting

delegates present at the meeting, suspend the operation of the meeting procedures for a period

determined by the President.

(2) The Guiding Principles must be taken into account when considering whether to act under sub

regulation (1).

(3) If a suspension occurs under sub regulation (1)—

(a) a note of the suspension, including the reasons for and period of suspension, must be entered in

the minutes; and

(b) the meeting may proceed provided that a quorum is maintained but, during the period of

suspension—

(i) the provisions of the Act must continue to be observed; and

(ii) no act or discussion will have any status or significance under the provisions which have been

suspended; and

(iii) no motion may be moved, seconded, amended or voted on, other than a motion that the

period of suspension should be brought to an end; and

(c) the period of suspension should be limited to achieving the purpose for which it was declared; and

(d) the period of suspension will come to an end if—

(i) the President determines that the period should be brought to an end; or

(ii) at least two-thirds of the Board Members present at the meeting resolve that the period should

be brought to an end.

4.14 Executive Officer may submit report recommending revocation or amendment of council decision

(1) The Executive Officer may submit a report to the Board recommending the revocation or amendment of

a resolution. .

(2) The Executive Officer must ensure that the report is placed on the agenda for the meeting at which the

report is to be considered.


5. Responsibilities

The President has responsibility in ensuring the meeting adheres to the meeting procedures. Board Members

have a responsibility to follow the meeting procedures.

6. Review

The meeting procedures may be reviewed at any time by the Board.

Document History:

Version Date Adopted Changes since previous issue

Draft 1



3.3.3 Report No. 03-0916: Policy Review – Purchasing and Tendering



Topic: Policy Review – Purchasing and Tendering

Report No: 03-0916

PROPOSAL:

That the EPLGA Board reviews policies that are due for review.

BACKGROUND:

The Board does not have a plethora of policies but has some that are for review.

DETAIL:

The Governance Checklist for policy review is as such:

POLICY NAME ADOPTION MOTION

NUMBER ADOPTION DATE REVIEW DATE DATE REVIEWED

INJURY MANAGEMENT POLICY (lgwcs) 015/08 30/03/2008 April 2011 Replaced by WHS

CODE OF CONDUCT FOR BOARD MEMEBRS 216/12 26/02/2012 February 2015 June 2016

ENVIRONMENTAL PROTECTION POLICY 216/12 26/02/2012 February 2015 June 2016

HUMAN RESOURCES POLICY 216/12 26/02/2012 February 2015 June 2016

OPERATION OF BANK ACCOUNT AND

FINANCE CONTROLS POLICY

201/11 9/12/2011 December 2014 Replaced by Internal

Control Policies

PUBLIC CONSULTATION POLICY 216/12 26/02/2012 February 2015 June 2016

PURCHASING & TENDERING POLICY 5/09/2014 September 2016

REGIONAL ECONOMIC DEVELOPMENT POLICY 22/02/2015 Within 12 mths of

Elections

June 2016

MEDIA POLICY 28/06/2013 July 2016 June 2016

WHS - ADMINISTRATION POLICY 602/14 23/02/2014 February 2017

WHS - CONSULTATION POLICY 602/14 23/02/2014 February 2017

WHS - CONTRACTOR MANAGEMENT

POLICY

602/14 23/02/2014 February 2017

WHS - EMERGENCY POLICY 602/14 23/02/2014 February 2017

WHS - HAZARD MANAGEMENT POLICY 602/14 23/02/2014 February 2017

WHS - HAZARDOUS WORK POLICY 602/14 23/02/2014 February 2017

The following policy is due for review:-

Purchasing and tendering.

There has been a change made in July 2016 to increase the credit card limit from $3,000 to $10,000. See

report #1-92016 (General Update Report) for further information on this matter.


That section of the policy should now read:-

Credit Card

The EPLGA has a business credit facility with the Bank of South Australia. This facility entitles the EPLGA to a

$10,000 credit facility. The EPLGA authorises the Executive Officer to use the corporate credit card for EPLGA

business only. Main uses will be for travel, accommodation and meal purposes and other minor purchases. At

the end of each monthly period, all purchases will be reconciled with evidence of purchase to be attached to

reconciliation.

The increase is due to the $3,000 credit facility not being enough some months and the Executive Officer

having to use his personal credit card for business purposes then seeking reimbursement from the business.


N.A.


The EPLGA Board Charter Clause 11 reads:-

The Executive Officer will be responsible to the Board:

to ensure that the policies and lawful decisions of the EPLGA are implemented in a timely manner;

BUDGET REFERENCE:

N.A.

RISKS:

Good governance practice to regularly review policies

REVIEW PERIOD:

As determined in the actual policy

RECOMENDATION(S):

That the Eyre Peninsula Local Government Association Board, having reviewed the following policy,

adopts the policy as written in the report (subject to any further amendments by the Eyre Peninsula

Local Government Association Board):

1. Purchasing and Tendering

Enclosures:

Purchasing and Tendering Policy


PURCHASING AND TENDERING POLICY

This document sets out the EPLGA’s policy for the acquisition of goods and services and carrying out of

the procurement principles. This policy applies to the procurement of all goods, equipment and related

services and contracts.

INTRODUCTION

Through the promotion of fair and open competition, the EPLGA is committed to achieving quality services

and best value for money and will:

Implement competitive procurement to help ensure value for money without compromising quality or

responsiveness;

Provide services at the highest standard in the most cost effective manner;

Monitor and fulfil the needs and expectations of the constituent Councils within the limits of the budget

provided;

Provide an environment which gives the opportunity to be innovative;

Monitor contracts to ensure they meet legislative requirements and focus on improving the efficiency

and effectiveness of services;

To ensure the integrity of all procurement processes conducted by the EPLGA;

GENERAL PRINCIPALS

All tendering processes conducted by the EPLGA will be based on the following principles:

Tendering at all levels shall be conducted honestly and in a manner that is fair to all parties involved;

Parties shall comply with all legislative obligations including those required by trade practices and

consumer affairs legislation;

Shall have regard to the costs of bidding and the number of tenderers;

Tenderers shall bid only where they intend to carry out the work if successful;

The EPLGA will only call tenders after it has made a firm commitment to proceed with the project;

The conditions of tendering shall be the same for each tenderer.

Parties shall not engage in practices such as collusion on tenders, inflation of prices to compensate

unsuccessful tenderers, hidden commissions, or any other such secret arrangements;

The EPLGA is prepared to attest to its probity, if necessary, by statutory declaration or other reasonable

means;

Tender documents shall specify the EPLGA’s requirements as clearly and precisely as possible and, when

documents are altered, sufficient time shall be allowed for all tenderers to review and revise their

tenders;

Any party with a conflict of interest shall declare those interests; and

Tenderers shall retain the right to intellectual property submitted with tenders, including title thereto.

FUNDING ALLOCATION

Before steps can be taken to purchase goods or services, funds must be available in the approved EPLGA

budget. Once the EPLGA has adopted the budget, it becomes a legal document, which must be adhered to.

In circumstances where funds are not available for the purpose within the appropriate budget line, an

alternative source of funds must be approved by the EPLGA.

UNBUDGETED PROCUREMENT AND EXPENDITURE

The EPLGA Board must approve any unbudgeted procurement and expenditure.

METHOD OF PROCUREMENT OF GOODS & SERVICES

A competitive method of obtaining goods or services for the EPLGA will generally be adopted in relation to

the estimated gross value of the expenditure.

Method

Where it is estimated that the cost for the supply of goods or a service will fall outside the limits as detailed,

the method of procurement will be:

$10,000 or less – informal quotation process to be undertaken

$10,001 to $50,000 – formal quotation process to be undertaken

>$50,000 – formal tender process to be undertaken


Tenders for the supply of goods and/or services are to be presented to the EPLGA in the following instances:

For tenders > $150,000 to be presented to the EPLGA for decision.

Contracts $50,000 to $150,000 to be presented to the EPLGA for information purposes only (provided

approved in budget and annual work plan).

When a tender contains information which has been determined by the Executive Officer to be potentially

sensitive or controversial.

The EPLGA Order Forms

All goods or services must be procured by purchase order, with the exception of goods valued at less than

$200 or credit card purchases. Documentation must be provided for reimbursement of expenses paid by

staff. Splitting of amounts and/or purchase orders to bring expenditure within lower limits is not permitted.

Credit Card

The EPLGA has a business credit facility with the Bank of South Australia. This facility entitles the EPLGA to a

$10,000 credit facility. The EPLGA authorises the Executive Officer to use the corporate credit card for EPLGA

business only. Main uses will be for travel, accommodation and meal purposes and other minor purchases. At

the end of each monthly period, all purchases will be reconciled with evidence of purchase to be attached to

reconciliation.

Receipt of Goods

Unfilled orders should be regularly followed up to provide completion of procurement process.

QUOTATIONS

Informal Quotation Process

Where the gross value of goods or services are required which are estimated to cost $10,000 or less, a

reputable trades person or supplier, who has a history of cost effective work or supply for the EPLGA, may be

asked to undertake the work or supply the goods which will include an immediate completion requirement.

Formal Quotation Process

Where the estimated gross value of the goods or services is greater than $10,000 but less than $50,000, the

method of procurement will be by formal written quotation. A minimum of three quotations must be sought,

with these quotations to be submitted in writing.

Provided that a provision exists within the budget, approval to commit expenditure by formal written

quotation can be authorised by the Executive Officer.

The formal quotation process will not apply if:

it is impracticable to call for quotations in the circumstances of a particular case (i.e. single supplier

etc.), or

the EPLGA resolves for some other good cause that quotations need not be called for in the

circumstances of a particular case.

TENDER PROCESS

Monetary Limit

The monetary limit for the provision of goods or services above which tenders must be called is $50,000 and

above.

The monetary limit will not apply if:-

it is impracticable to call for tenders in the circumstances of a particular case, or

the EPLGA resolves for some other good cause that tenders need not be called for in the circumstances

of a particular case, or

the goods are second hand/used that would make it impracticable to tender. In this instance a formal

quotation process should be undertaken.

Tender Options

The tender process can be initiated by one of the four tender procedures as detailed:

Open Tenders – All interested parties are invited through open public advertisement to tender on a

common basis.

Selected Tenders – A limited number of organisations are directly invited to tender because of their

proven experience or recognised ability to undertake particular work. A minimum of three organisations

must be invited to tender.

Negotiated Tenders – A firm tender is arrived at by negotiation with a single prospective organisation.

The negotiations must be carried out in good faith.


Pre-registered Tenders – Expressions of Interest are invited for a project. Applicants are evaluated with a

small number meeting the required criteria then being invited to tender.

Advertising

Invitations to tender shall be advertised on at least one occasion. The advertisements shall direct tenderers

to identify the tender by placing the advertised tender reference on the outside of the sealed envelope or

package in which the tender must be enclosed.

All invitations to tender for the provision of goods or services to the EPLGA shall specify a closing date, and

the EPLGA may, at its discretion, extend a closing date.

All advertisements or invitations to tender will indicate “Tenders by facsimile and E-mail will not be

accepted”.

All advertisements or invitations to tender will indicate neither tender nor the lowest tender necessarily

accepted”.

Deposit

Tenders may be received through the mail or may be deposited in the locked container provided for the

purpose, and designated as the Tender Box. Tenders received through the mail are to be addressed to the

Executive Officer and marked “TENDER ….” and deposited in the Tender Box as soon as practicable.

A late tender submitted through Australia Post services will not be admitted unless it can be clearly

established that it was posted before the date and time for the closing of tenders.

Accidental Opening

When an envelope containing a tender is not marked as required, and is opened in the normal process of mail

handling, the tender and the envelope are to be sealed into another envelope by the person dealing with the

mail, correctly endorsed with the tender number and signed by the Officer, and immediately placed into the

Tender Box. The contents of the tender must not be divulged to any other person by the said Officer.

Opening

The Tender Box shall be opened in the presence of at least two persons of which one will be the Executive

Officer at the time specified in the invitation to tender as the time for the closing of the tender, or at such

later times as may be necessary, and the appropriate tenders removed.

Where more than one tender is current at the one time, all tenders in the Tender Box other than the one

closing are to be replaced and locked into the Tender Box immediately the tenders have been sorted and

identified.

Immediately, after the tender box is opened, the tenders must be opened and initialled by the two persons

present at the opening of the tender box. Details of all tenders received shall be entered in the Register of

Tenders.

The Tender Register shall record the following details:-

a brief description of the item or service to be tendered

tender number

date tender called

date and time tender closes

date and time tender opened

name and address of all tenderers

gross/trade-in/net values and brief details for each tender

successful tenderer

central records management file location

EVALUATION OF TENDERS AND QUOTATIONS

Qualifications – Formality of Tender

A tender which does not comply with the tender documents may be rejected. The tenderer will be given

reasonable opportunity to comply with the tender documents but only without alterations to the submitted

tender price.

Alternative Offers

Alternative offers may not be considered unless provision is made for such offers within the tender

documents. Where an alternative is offered by a tenderer, such alternative is relevant to that tenderer only

and cannot be priced by any other tenderer.


Evaluation should consider tenderers:-

technical, management, physical and financial capacity;

current commitments;

standing within the industry;

record of performance;

ability to perform the works;

occupational health, safety and welfare systems management;

tender price; and

level and quality of goods or services to be provided.

Acceptance of Other than the Lowest

Where it is intended that the lowest tender will not necessarily be accepted then such information should be

provided to all prospective tenderers.

The tender most advantageous to the EPLGA will be the one considered for acceptance. Where it is proposed

to pass over a formal tender, the tenderer may be informed of the reasons before the preferred tender is

accepted.

Confidentiality

Safeguards will apply to secure the confidentiality of tenderers. All information provided between the

tenderers and the EPLGA will be treated as confidential and both the tenderer and the EPLGA will maintain

such information as confidential and commercial–in–confidence.

ENVIRONMENTAL PURCHASING POLICY

There is growing public awareness of the need to protect the environment by discontinuing the manufacture

of certain products which are harmful to the environment and by the conservation of scare resources and by

recycling used materials where applicable.

The EPLGA is committed to supporting the market for recycled and environmentally sensitive products by

increasing both supply and demand where practical and effective, and by encouraging economic growth and

development in recycling and related industries.

Those who are responsible for the sourcing and procurement of the EPLGA’s materials requirements, are

encouraged to protect the environment by discontinuing the purchase of products which are harmful to the

environment and to promote the preservation of the environment by increasing recycling activity where

practicable.

This can be achieved through promotion of the collection of otherwise reusable or recyclable products for

recycling and to purchase these products where it is efficient to do so, to increase market viability by

increasing demand.

Therefore, preference is to be given to the purchase of products containing 50% or more of recycled material

from Australian waste, provided the product is fit for the purpose and is comparable in price to the new or

replacement material alternatives.

BUY LOCAL

Preference for the provision of goods and services will be given to local suppliers only where the price,

quality, availability and service provision is comparable to other suppliers or where an economic benefit will

accrue to the EPLGA or the region.

This preference will be included in all future tender documents for the provision of the EPLGA goods and

services which are contracted out.

OCCUPATIONAL HEALTH, SAFETY & WELFARE POLICY

The EPLGA believes that a bi-partisan approach to workplace health and safety is beneficial to all persons at

the workplace. Employees and where appropriate their elected Health & Safety Representatives or Committee

have the right both legally and morally to be kept informed of any changes to the workplace which might

effect their health or safety.

All purchasing contracts will be endorsed with the requirement that all prescribed standards of the

Occupational Health, Safety & Welfare Act are met.


COMPLIANCE WITH ALL AUSTRALIAN STANDARDS

The EPLGA will ensure that the delivery of all goods and materials satisfies all of the requirements of all

relevant Australian Standards.

QUALITY ASSURANCE ENDORSED COMPANIES

The EPLGA will ensure that where practical, preference is given to suppliers and manufacturers who are

quality endorsed and accredited to the SA 3900/ISO 9000 Quality Standard.

Note: A catalogue of certified companies is available from Quality Assurance Services, a division of

Standards Australia.

Strategic Link:

Objective 1: ACTIVELY ASSIST MEMBERS BY REPRESENTING THEIR COMBINED INTERESTS

Delegation:

The following the EPLGA officers are authorised to procure goods or services within budget area limitations,

and with compliance to all parts of this policy:

The Executive Officer

RDAWEP Support Staff Member

Area of Responsibility Level of Responsibility Per Item

Organisational

Executive Officer Unlimited within budget constraints and

compliance with Tender & Purchasing Policy

RDAWEP Support Staff Member Up to $5,000 Purchases for Board Member & EO

travel, meeting, and conference arrangements only,

and approved staff training arrangements.

Sub-Delegation:

Delegation made to a specific position (including Executive Officer) extends to any person appointed to act in

the position.

In the absence of the Executive Officer, delegation extends to the President.

Legislation:

Local Government Act 1999, Occupational Health & Safety Act 1986.

Documentation:

Australian Standard Code of Tendering (SA4120 (INT)-1993); SA 3900/ISO 9000 Quality Standard.

Authority:

Adopted by the EPLGA:

Document Control

Status: Version 1

Drafted by: Tony Irvine

Original Draft Date: 5 Sept 2014

Date Adopted by the EPLGA: 5 Sept 2014

Recommended Review Date: Sept 2016

Review Dates:



3.3.4 Report No. 04-0916: Executive Officer’s Work Plan



Topic: Executive Officer’s Work Plan

Report No: 04-0916

PROPOSAL:

That the EPLGA Board notes the Executive Officer’s work plan.

BACKGROUND:

Each year the Executive Officer reviews his work plan and seeks comment from the Executive Committee.

DETAIL:

The attached plan is the 2016-17 Executive Officer’s work plan. It is good business practice for the Executive

Officer to set down a work plan that is available to members of the EPLGA Board. This plan was also included

in the CEO Committee agenda for 1 September 2016.

Comments are sought on this plan.


This is a KPI for the EPLGA Corporate Plan 2016 – 19


N.A.

BUDGET REFERENCE:

N.A.

RISKS:

Confusion among member Councils and Board Members.

Complacency of stakeholders.

Short-term thinking.

Poorly managed work flow by the Executive Officer.

Unsuccessful projects or initiatives – poor delivery.

REVIEW PERIOD:

Annually

RECOMENDATION(S):

That the Eyre Peninsula Local Government Association Board notes the Executive Officer’s work plan

for 2016 – 17.

Enclosures:

Copy of Work Plan.


3.4 Local Government Association of SA


3.5 Office of State/Local Government Relations

3.6 Regional Development Australia Whyalla and Eyre Peninsula Inc [RDAWEP]

The Regional Development Australia Whyalla and Eyre Peninsula [RDAWEP] Outcomes and Key Performance

Indicators Reports for May and June 2016 are available on the RDAWEP website as per the link below.

http://www.rdawep.org.au/resources/rdawep-reports-and-plans/

The RDAWEP Outcomes and Key Performance Indicators Annual Report for 2015-16 is currently being drafted

and will be progressed to the final report to meet the Department of Infrastructure and Regional

Development’s [DIRD] deadline of 31 August 2016.

The final report will be expanded with the inclusion of at least 3 case studies, which is a requirement of the

DIRD funding agreement.

The completed 2015-16 Annual Report on Outcomes will be provided to the EPLGA at the December meeting.

http://www.rdawep.org.au/resources/rdawep-reports-and-plans/


3.7 Eyre Peninsula Natural Resources Management Board (EPNRM)


3.11 Other Reports/Minutes

3.11.1 South Australian Regional Organisation of Councils – Key Outcomes

Summary/Minutes of meeting dated 20 July 2016



Topic: SAROC – Key Outcomes Summary/Minutes of meeting dated 20 July 2016

Report No: SAROC 01-0916


4 COMMITTEES

4.1 CEOs’ Committee: Actions/Notes from the meeting dated 23 June 2016

Present: Alan McGuire, Phil Cameron, Rod Pearson, Joy Hentschke, Peter Arnold, Chris Smith, Michelle Tucker

(Proxy), Damian Windsor (Proxy), Rob Donaldson.

Others: Russell Seaman ( Native Veg Unit), Jono Clark (EPNRM), David Hitchcock (LGA), Tony Irvine (EPLGA),

Rosemary Craddock & Julia Dnistrianski (Native Title), Dion Dorward, Bob Ramsey ( RDAWEP)

Apologies: Geoffrey Moffatt and Daryl Cearns

Agenda:

Russell Seaman – Native Veg Unit presentation:

Actions:

Native Vegetation Unit:

1) Russell to provide consultation text on new regulations to local EP councils through Tony Irvine - ensure

local papers and local council newsletters get coverage.

2) Provide consultation text on Regulations to Jono for him to distribute through NRM networks.

3) Russell to consider how to visually represent the change that the regulations might bring in e.g. what is

the impact, can a table be developed showing what is new and what is old and redundant?

4) Roadside management plans – issues with getting back to sites within 5 years to do maintenance.

Can Native Veg Unit and 11 Councils do a regional EP roadside plan instead of individual ones for 11

Councils?

Can there be a straight forward except clause for roadside reserves?

Significant issues with large farm machinery- (Native Veg Unit needs to consider this in next Roadside

management plan template).

5) Some councils are having issues with clearance limitations around essential services - are there ways that

we can help within township boundaries? Examples include the provision of infrastructure for storm water

and effluent.

Footnotes

1) Russell made the offer to use the local NVC member (Penny Morgan – Councillor at DC Streaky Bay) as a

contact point and other members.

3) CEO's seemed to be comfortable using the risk assessment approach for native veg clearances &

establishing significant environmental offsets.

EPLGA

Action:

Engineering & Works Committee next meeting to include an agenda item on Roadside Native Vegetation

Management Plans, ie a regional plan rather than 11 individual ones.

David Hitchcock – LGA Business

DPTI Shared Services with Local Government

Action:

Two (2) CEO’s, two (2) Engineering & Works staff, David Hitchcock & Tony Irvine to meet with DPTI (Paul

Gelston and others) to further investigate shared services with DPTI in the region.

David Hitchcock to establish a meeting date, time and location.


Tony Irvine to seek 2 CEO’s & 2 Engineering & Works staff for the meeting.

Public Health Plans

Action:

David Hitchcock to provide papers to Councils on latest in this area – noting Councils do not have to do all

the work that is highlighted in the plans. May be a chance to get Dr Bucket or a representative to speak at a

later EPLGA CEO’s meeting on these plans.

Damian Windsor/Tony Irvine

Engineering & Works Committee Future Operations & Agenda

Actions:

All agreed this group needs to be in place to pick up all engineering & works matters – including CWMS

Group.

Damian to get back to Tony with dates for next meeting of committee of newly formed committee.

Tony to put agenda together and organise meeting.

Agenda items to include:

Admin support for the committee – EPLGA and RDAWEP

Rubble Royalties – determine projects for EPLGA 2016-17 Budget – report back to CEO’s then EPLGA

Board

Special local Roads program – Project Planning year+ prior to application & allocation of funding (i.e.

survey, geotechnical assessment, design, scoping, costing etc.) at Council expenses and inline with

EPLGA 2015 Transport Strategy. Independent assessment of applications meeting regional and LGTAP

requirements plus assessment of completed jobs meeting the required standards.

2015 Transport Strategy – reviewing – annually?

CWMS Funding Agreement – review LGA Circular 22.14 9Tony to further investigate & make submission if

warranted)

Joy Hentschke

Star Club & School Community Libraries

Actions:

Star Club – Joy to pursue a Far West model.

School Community Libraries – David Hitchcock has sought out CEO representatives on his working group to

follow this up further at LGA level.

Rosemary Craddock & Julia Dnistrianski

Native Title – Barngala Claim

Action:

Julia to organise a training day in the future on the Heritage Act & regulations

Dion Dorward (RDAWEP)

Economic Development Presentation

Action:

Statistical packages being prepared and sent out to Councils for use – Councils asked to check data to ensure

it is okay and correct. Please advise RDAWEP if it doesn’t look okay.


4.2 Engineering & Works Committee: Minutes dated 8 August 2016

EYRE PENINSULA LOCAL GOVERNMENT ASSOCIATION

ENGINEERING & WORKS COMMITTEE

Minutes

Meeting held at Cowell on Monday 8th

August 2016 commencing at 10:30am

Present: Darren Zechner, Grant Drummond, Gary Jutzen, Alex Douglas, Arthur Johnstone, Damian Windsor,

Neil Haines, Michael Inglis, Paul Rogers, Ivan Noble, Craig Matena, Mike Stephenson, Tony Irvine

Apologies: Robyn Nottle, Michelle Tucker

Business:

Presentation

Mike Stephenson presented on various matters involving CWMS management and planning.

The future of the LGA’s CWMS funding was discussed.

CWMS Submission to LGA

Action: That the Engineering & Works Committee member Councils immediately supply to the EPLGA

Executive Officer their future infrastructure needs from the CWMS Funding Agreement should it continue

so a regional submission can be prepared and forwarded as an appendix to the response already

forwarded to the LGA.

Election of Committee Chairperson

Pursuant to the Terms of Reference for the Committee

Moved: Grant Drummond Seconded: Darren Zechner

That the Engineering & Works Committee elects Damian Windsor as Chair of the Committee for the

term of 12 months pursuant to the terms of reference.

CARRIED

Terms of Reference – review by Committee.

Resolved

That the Committee is to have an action list included in the minutes or notes from meetings

outlining responsibilities and timeframes for the actions. Further this is to be reflected in the terms

of reference.

Minutes or notes to be tabled at Chief Executive Office Committee meetings and the EPLGA Board

meetings so relevant resolutions/recommendations to the above meetings can be considered.

EPLGA Board Budget – Rubble Royalties

Pursuant to the EPLGA Board directions the committee is to recommend the projects to be funded from

the Rubble Royalties funding ($64,500).

Moved Arthur Johnstone Seconded: Grant Drummond

That the EPLGA Engineering and Works Committee recommends the following projects to be

funded from the Rubble Royalties component of the EPLGA Board Budget for 2016 -17:

1. EP Transport Strategy – 2015 (Review & updating) $15,000

2. Regional Roadside Native Vegetation Plan $50,000

CARRIED

Special Local Roads Program & Development of Industry Wide Standards/ Guidelines

A number of issues that have been experienced with SLRP projects in the current and in previous years, it

is suggested that there needs to be a review of the way in which this program is delivered in the region.


The usual timing of funding announcements (late August) places significant pressure on delivery

timeframes and has lead to ‘rushed’ jobs or late finishes i.e. sealing works happening in May/June due to

time required for design work, procurement, dodging harvest/tourist traffic etc. This has potential to

impact on quality and longevity of works. In other cases, detailed design has resulted in increased cost

estimates and either financial impact for Council’s or forced reduction in scope of works delivered. There

has also been previous discussion on ensuring ‘fit for purpose’ design and a certification process to

verify construction have met the agreed outcomes.

The above issues may be managed by requiring a fully developed and costed project proposal being

lodged at the time of application for funding. SELGA engages a consultant using their SLRP allocation

which addresses both design/application suitability and final certification. This means Councils will need

to build this into their application and once approved for funding pay that amount to the EPLGA. This

keeps the independence in the process.

Other regions also have independent evaluation of the applications to ensure they meet the standards

and at the completion of the project the independent qualified person also signs off on the project

certifying that the project is constructed to standard.

Moved: Grant Drummond Seconded: Craig Matena

1. That the EPLGA Engineering and Works Committee recommends that projects submitted for

regional SLRP funding are required to be developed to a ‘for construction’ state, and

accompanied by adequate design & engineering detail ( i.e. Austroads Guidelines – until Local

Government sector wide standards or guidelines are developed) and detailed cost estimate to

clearly defined the project deliverables.

2. That the EPLGA Engineering and Works Committee recommends consideration be given to the

appointment of an independent person/company to review road funding applications and

assess their suitability and to provide certification services for completed projects. Further the

costs for this assessment/certification are the EPLGA’s responsibility with the successfully

funded Councils contributing 2.5% of their SLRP funding to the EPLGA to cover such costs.

3. That the EPLGA Engineering and Works Committee recommends that the EPLGA Board supports

the LGA R & D funding application to develop Road Construction and Maintenance

Standards/Guidelines which when completed should be:

a. included in the EP Transport Strategy 2015;

b. used on an local government industry wide basis; and

c. used in assessing Special Local Roads Funding applications by the Local Government

Transport Advisory Committee.

4. That the Engineering & Works Committee notes the 2016 – 17 SLRP funding allocations.

CARRIED

DPTI & EP Councils Service Delivery Collaboration – Pilot

At the recent CEO Committee meeting it was suggested at least 2 CEOs & 2 Engineers/Operations - Works

Managers along with the EPLGA Exec Officer and David Hitchcock (LGA) meet with DPTI (Paul Geltson) to

further this pilot. This may or may not occur now. However some members of the Engineering & Works

Committee will be contacted in regards to this and other initiatives being pursued.

The EPLGA Exec Officer has applied for funding to assist the EPLGA/DPTI shared services pilot –

developing road construction & maintenance service levels standards/guidelines. The SMEC Transport

Strategy engagement contract will be extended to undertake this work if the R &D Application is

successful. SAROC has agreed that all regions will endeavour to adopt the standards when developed as

industry wide standards. The consultants will contact Engineers & Works Managers in this region plus the

Limestone Coast Region (SE Region) in relation to the development of this project.

There will be a need for further meetings with DPTI staff over all these matters.

Moved: Neil Haines Seconded: Darren Zechner

That the Engineering & Works Committee nominate the following persons who may be required to

meet/collaborate with DPTI regarding the joint Service Delivery Collaboration – Pilot and other

initiatives along with David Hitchcock (LGA), Tony Irvine (EPLGA) and two EPLGA Council CEOs (to

be nominated).

1. Damian Windsor

2. Grant Drummond

3. Arthur Johnstone


Further that the Engineering & Works Committee identifies the following areas/functions as

possible targets for the joint Service Delivery Collaboration – Pilot.

1. Signage

2. Vegetation management

3. Line marking

4. Joint procurement

5. Supply of rubble

6. Local Government is able to consider anything other than sealing of highways.

CARRIED

DPTI Marine Strategy – for information

David Hitchcock and Tony Irvine met with DPTI staff on 7/7/16 re:

Marine Strategy – SA Boating Facilities Advisory Committee funding is to be contingent on a regional

marine strategic plans being developed. DPTI is to supply criteria used for funding future projects –

recreational & commercial.

Further discussion took place on the future jetties agreements.

Action: Ivan Noble is to co-ordinate a call for coastal councils to submit to him any jetties work required

so a coordinated approach can be made to this work, especially where specialist equipment and expertise

is required from outside the region.

Road/Rail Interface Agreements

GWA approached the region last year seeking agreement on the content of the agreements, and there has

been no formal response sent to GWA. Obviously there is benefit to a common position across the region,

and the main sticking point at present is the conflicting definitions on the maintenance boundary (the

point where responsibility changes from GWA to the Council for maintenance, etc. EPLGA position - 3m

from rail not 1 metre).

Action: All Councils to amend their agreements to designate the Maintenance boundary at 3m from the

nearest rail line to coincide with the designated Safeworking boundary/Protection boundary and return to

GWA.

Native Vegetation – Roadside Management Plan

Russell Seaman – Native Veg Unit presented to the CEO Committee meeting in June 2016. He encourages

the Eyre Peninsula to develop one regional roadside native vegetation plan.

Please note this was recommended for funding from the Rubble Royalties funding. However $50,0000

may not be enough to undertake the plan.

Resolved

That the Engineering & Works Committee recommends that all eleven EPLGA member Councils

undertake one regional roadside vegetation management plan [Level 1 RVMP] with assistance

being sought from the Native Vegetation Unit in line with the rubble royalty funding

recommendation to the EPLGA Board.

Night Travel for Agricultural Machinery

Many Councils have passed resolutions in relation to this matter. However there is concern in the

agricultural industry that the current standards for exemption are not adequate i.e. 4m wide x 25m long.

Resolved

That the Engineering & Works Committee advises the EPLGA Board in relation to the night travel

exemptions for agricultural machinery the following should occur:

Acknowledge DPTI’s standard of 4m x 25m exemption from permits.

Any Council (Road Manager) considering permitting machinery over the 4 metre x 25 metre

standard to undertake night travel on its roads needs to undertake a detailed risk assessment

of the route to protect Council (i.e. the permits may have specific conditions included).

That the LGA Mutual Liability Scheme should be requested to give opinion on the matter.

Any Other Business

Road Closure Advertisement Templates

Action: District Council of Kimba sought assistance with Road Closure advertisement templates.

Councils with such to circularise other Councils.


Grave Sites – Lifting of Slabs

Action: District Council of Kimba has a procedure and will circularise to all Councils.

Mapinfo Training

Action: District Council of Ceduna will circularise training information to other councils.

Rubble Royalties to Land Owners & relevant Forms

Action: District Council of Ceduna to circularise

1. Consent form for opening/ operating a rubble pit that is to be signed off by the land owner

2. The legal opinion in relation to Councils being able to sell rubble.

Access Conditions for Permit Vehicles on EP

Motion from December 2015 EPLGA Board Minutes as follows:-

485/15: Access Conditions to GML and HML Permit Vehicles – District Council of Lower Eyre Peninsula

Moved: Mayor Callaghan Seconded: Deputy Mayor Millard

That the Engineering & Works Committee, subject to approval of the committee, investigates the access

conditions that apply to GML and HML permit vehicles travelling on the District Council roads of the Eyre

Peninsula Local Government Association region, with a view to having a consistent policy and access

conditions in place for the whole of the region. Furthermore, once the investigation is concluded, the

results are brought back to the Eyre Peninsula Local Government Association Board for endorsement or

further notice.

CARRIED

Engineering & Works Committee Meeting decision of February 2016.

All present agreed:

Speeds of 70km - unsealed, 80km – sealed, 40km – local.

The wet weather condition was less suitable due to variances in road conditions when stipulating mm of

rainfall therefore the following should apply:

RAV operators are required to inspect all unsealed routes which have received greater than 15mm of rain

in the preceding 24 hours to ensure that the pavement will not be damaged by the RAV operation.

Operators may be liable for the cost of pavement repairs.

Recommendation to EPLGA Board as per the December 2015 EPLGA Board resolution:

Resolved:-

That the Engineering & Works Committee recommends to the EPLGA Board the following in

relation to access conditions for GML and HML permit vehicles on Council roads:

1. Restricted speed loaded or unloaded to 80kph on sealed council roads outside town limits.

2. Restricted speed loaded or unloaded to 70kph on sealed council roads outside town limits.

3. Restricted speed loaded or unloaded to 40kph within town limits.

4. RAV operators are required to inspect all unsealed routes which have received greater than

15mm of rain in the preceding 24 hours to ensure that the pavement will not be damaged by

the RAV operation.

Operators may be liable for the cost of pavement repairs.

Emergency Management Exercise: Communications – LGA Circular 31.10

District Council of Elliston raised whether it is possible to have such on EP. To make it worthwhile it was

suggested to see if IResponda training could also be run in conjunction with the exercise.

Action: EPLGA Exec Officer to investigate whether an Emergency Management Exercise could be held on

EP plus IResponda training.

Unsecure Loads

District Council of Tumby Bay sought out how other Councils were addressing the issue in relation to

Council vehicles.

Future Committee Meetings

Resolved:

That the Engineering & Works Committee next meeting to be held at:

Wudinna on 1 December 2016 commencing at 9.30am and concluding at 12.30pm.

Further it is requested that the Members of this committee meet as the first agenda item with the

CEO’s Committee commencing at 1pm (after a joint lunch) to discuss any outcomes/

recommendation with the CEO’s prior to being tabled at the EPLGA Board Meeting next day.


Action: EPLGA Exec Officer to seek the CEO’s Committee position in relation the request for a joint

luncheon and joint sitting of the committees as the first agenda item on the CEO Committee agenda.

At conclusion of the meeting:-

A tour of DC Franklin Harbour CWMS and any other infrastructure was hosted by Darren Zechner.

Meeting Closed: - 2:45pm


4.3 Eyre Peninsula Mineral and Energy Resources Community Development

Taskforce Minutes dated 8 August 2016

RECOMMENDATION:

1. That the EP Mineral and Energy Resources Community Development Taskforce Minutes dated 8

August 2016 be noted.

EP Mineral & Energy Resources Community Development Taskforce

Venue: Port Lincoln Racing Club

Commencement Time 10.05am

Present: Rob Kerin Chair

Geoff Dodd Coordinator

Diana Laube Presiding Member, EPNRM Board

Peter Treloar Member for Flinders

Bryan Trigg Ag Chair, RDA Whyalla and Eyre Peninsula

Dr Ted Tyne Executive Director, Mineral Resources, DSD

Tony Irvine EO, Eyre Peninsula Local Government Association

Dion Dorward CEO, RDA Whyalla and Eyre Peninsula

Trevor Smith CEO, DC Tumby Bay

Jason Kuchel CEO, South Australian Chamber for Mines and Energy

Skana Gallery Senior Policy Officer Economic Development, LGASA

Invited Guests: Aina Danis Executive Assistant, RDAWEP [minute taker]

Melissa Muller Principal Policy Advisor, Resource Land Access Strategy Branch, DSD

Renee Preece External Affairs Adviser SA, BP Australia

Terry Krieg Community Advocate-Nuclear Industry

Mark Mentha Partner, KordaMentha

Dean Johnson Mayor, District Council of Kimba

Dr John Parker Managing Director, Lincoln Minerals

Dwayne Povey Chief Geologist, Lincoln Minerals

Peter Scott Economic Development Manager, RDAWEP

Geoff Rayson Senior Project Officer, Regions SA

Jeanine Carruthers Stakeholder Engagement Manager, RESA

Apologies: Bruce Green, Bob Ramsay, Phil de Courcey, Eddie Hughes, Eleanor Scholz

1.0 MEETING OPENING:


Chair Rob Kerin welcomed members and guests to the meeting and explained the procedure for the day’s business.

Chair Rob Kerin spoke on the sad passing of Mayor Jim Pollock, commenting on his roles in the community, dedicated

Mayor of the City of Whyalla and his commitment and passion for the region.

2.0 DISCLOSURE OF CONFLICTS OF INTEREST:

None tabled.

3.0 CONFIRMATION OF MINUTES:

3.1 Fifth meeting: 30 March 2016

The minutes, as supplied to members were accepted as a true and correct record of that meeting.

4.0 BUSINESS ARISING FROM THE MINUTES

Action Items – 30 March 2016 [refer agenda item 6.3].


5.0 PRESENTATIONS

5.1 Renee Preece, External Affairs Advisor, South Australia, BP Australia: Update on the BP/Stat Oil exploratory

drilling program in the Great Australian Bight.

Renee Preece presented a video of the current activities of BP Australia in the GAB and spoke on the following items of

interest.

Update on the video and progress made by BP over the last 2 weeks.

Timeline - 2011-2016

How are we regulated?

Environmental plan:

preliminary briefings;

follow up on briefings; and

ongoing consultations during operations.

List of contacts made during consultation phase.

What are we doing?

logistics

marine support in Port Adelaide; and

support provided via Ceduna.

the Ocean GreatWhite Rig

ongoing visits from the Regulator to ensure all activities are open and palpable; and

the aim is to have the rig in the GAB around 15 November 2016.

Ceduna heliport project is progressing, with significant changes to the airport already evident.

What are the benefits?

local business engagement:

strategy in place;

benefit on the Eyre Peninsula [Ceduna]; and

community investment – Ceduna.

Internet access is being addressed to ensure capable coverage.

If BP Australia’s application is not approved then the company will go back to the beginning, address any shortfalls

and re-apply.

Sea Shepherd Australia is at Port Adelaide/Victor Harbour, and BP is addressing potential risks and

information/updates provided to appropriate organisations, councils, etc, in addition to access to information on

request.

BP is working closely with the State Regulators, led by Barry Goldstein.

Employment and training opportunities – 4-well campaign incorporating people ready, supply chain opportunities,

construction, etc.

5-8 years involved with several opportunities.

90% of staff will be Australian.

5.2 Terry Krieg, community advocate for the nuclear industry

Terry Krieg spoke on the following [the full presentation will be attached with the minutes]:

Global warming and climate change and our response.

Coal production – costly option.

Energy crisis.

Reduction of use of fossil fuels.

Reliable renewable energies are costly.

Greenhouse emissions.

Australia has the most expensive electricity in the world along with Germany.

Nuclear power – the world is leaning towards this cost effective option and Australia needs to get on board.

Olympic Dam could power the entire planet without greenhouse emissions.

Australia is currently selling the product to the world, when we should be using it ourselves.

Nuclear waste disposal – IAEA investigated possible sites throughout the world based on simple and stable geology;

stable climate; waterproof; old saline ground; no resource conflicts; thick layer of rock; and low population, which

resulted in 4 countries being identified – China, Argentina, South Africa and Australia. Further examinations

undertaken at the Officer Basin located in South Australia indicated top results for this location as a potential disposal

site.

South Australia has the biggest uranium reserves in the world.

Economic bonanza for South Australia.

Once accepted it will take 25-30 years to work towards nuclear energy.

SA map tabled and circulated regarding the potential site and possibilities for the State’s economy into the future

regarding nuclear power.

Enormous opportunity for Whyalla’s economy/diversification.

The report by Deloitte in 1998 states that such a repository would generate over $200 bn over 40 years, creating in

excess of 22,500 jobs – today’s figures would be far greater.

5.3 Mark Mentha, Partner, KordaMentha: Update on Arrium Group of Companies.

Mark Mentha provided an update on the Arrium issue, including an overview of the progress to date and future of the

company, with the following highlights.

KordaMentha are the second set of administrators to work on the issue.

Arrium should not be in administration.


Reconfiguration of the Arrium Board, governance, etc.

Proceeds from the sale of the company will bring back balances.

Investigation of procurement of steel by the Australian and State Governments and the associated process.

The structure of Arrium is distant from its operations, with sharing of information non-existent.

The main focus will be around the 2 operations in Whyalla – steel and mining, manufacture of pellets, railway

sleepers, railway line, etc.

The company controls 70% of the market in Australia.

There are 1,500 people in the steel industry, most of whom are located in Whyalla.

10m tons of hematite is exported from Iron Knob – 400 employees plus 1,000 contractors.

Export $ versus operational costs:

lower end cost of production;

labour reform – negotiations ongoing;

consequences of closure is being made evident;

4 year proviso, incorporating enterprise bargaining agreement over that period;

70 delegates have moved over the line to date, with the rest in negotiation; and

best chance of survival is being kept in mind.

Employment contracts renegotiated – keeping people safe is a priority.

Working on making the business more efficient, however more streamlining needs to occur.

The recent Australian election moved in Whyalla’s favour regarding financial assistance

Approaches have been and will continue to be made with the State Government, relevant Ministers/MPs, with

assistance being offered on a verbal basis at this stage.

The Middleback Ranges has potential.

The effect of value changes is astronomical, eg a $1 change in the price of iron ore price can mean up to a loss of

$10m.

Moves are being made to sell the business to someone with the capability/capacity to invest in the company.

Investigating options to solve environmental issues.

The infrastructure is an old asset with new technologies:

self-sufficient in power – possibility of putting the power back into the grid;

sell the entire business as one, aiming at December 2016, with completion of sale by June 2017;

focus is on best outcome, which is not necessarily the best price, which will continue to achieve the required

profit margin;

procurement policy needs to be addressed right down the line with government contracts; and

establish third party access to Arrium’s port.

5.4 Mayor Dean Johnson, District Council of Kimba: Overview of community consultation regarding proposal for

low level nuclear waste site near Kimba.

Mayor Dean Johnson provided an update on the community consultation undertaken with the Kimba community on the

issue of Iron Clad mining negotiations and the possibility of a low level nuclear site in Kimba, and some of the lessons

learned.

IronClad mining negotiations.

Mining and exploration companies are wealth orientated.

Loading iron ore from Lucky Bay

The Council/community need to be protected - not waste rate payers’ money.

Contracts put in place prior to initiation/progression of any partnerships/works.

Council is willing to accommodate the company, but not at the risk of the community, including any associated

benefits.

Money raised through works has been allocated to infrastructure reserves, and Council is still using the funds today.

A change of details meant going back to the start of the plan.

Rent is still being received from the village previously used by the mining company.

Further exploration is being investigated at Cherry Hill.

Rowan Ramsey volunteered his own land for storage of low level nuclear waste.

Many community members were sceptical leading up to Rowan’s address.

The general consensus now is that the community is comfortable with the facilities being located in the district.

There have been several offers of sale of land to the Federal Government initiatives.

Visit to Lucas Heights reactor facility has been undertaken by Council and relevant research undertaken.

Lucas Heights is proof that the facility does not need to be away from the population – overview of the operating

system.

The end result from within the community was that there were no concerns and all questions were adequately

answered regarding safety risks, contamination, etc.

Important now to concentrate on the positive 80 community members, royalties, etc and always let everyone have

their say and achieve common ground.

The government was ill-prepared for the community consultation phase.

Always highlight the positives and the need to remain sustainable.

Council has prevailed in providing the community with the facts.

Current state of play is one site has been carried through and Council will now look with interest to the new Minister.

Community perception is damaging the final outcome.

Tony Irvine stated that the region needs to learn from this and for the District Council of Kimba to meet with LGASA and

EPLGA to develop a strategy.

5.5 Dr John Parker, Managing Director, Lincoln Minerals: Update on Kookaburra Gully mineral lease.

Dr John Parker provided an overview of the Kookaburra Gully graphite mine, the lease for which was granted in June 2016.

It is Australia’s premier graphite mine, with key investment appeal.

$32m raised on the back of the Mineral Lease grant.


Ownership of the mine includes a Chinese investor.

Other operations on the Eyre Peninsula.

World class location at Kookaburra Gully – output of the mine.

Preparation and approval of the program associated with environmental protection and rehabilitation.

Key MoU signed with DC Tumby Bay.

Small mine site footprint with the system of operations using a simple processing method

The pricing of graphite is being watched carefully and operations are being streamlined to reduce costs associated

with processing.

Graphite Market Fundamentals:

spherical graphite – batteries/energy storage [growth area for graphite]; and

expandable graphite - graphite foil, new generation thermal power systems.

Timescale to production.

Project participation opportunity:

environmental and engineering services for the PEPR;

water supply options/pipelines; and

construction of groundwater extraction walls.

Kookaburra Gully to become:

SA’s newest mine in one of the hottest commodities;

only producing graphite mine in Australia; and

in a soaring new era global market.

Adjourned for lunch at 12.55pm and reconvened at 1.30pm.

6.0 REPORTS

6.1 Chairman

No report tabled.

6.2 Members

No reports tabled.

6.3 Taskforce Coordinator

Geoff Dodd briefly expanded on the following items.

6.3.1 Central Eyre Iron Project

6.3.2 Lincoln Minerals – Kookaburra Gully Graphite

6.3.3 Arrium Mining and Steel

Feedback/updates from members on the current situation in Whyalla – importance of having effective economic

development plans in place to cope with any future events of this type and to incorporate establishing a diverse economy.

Investigate the possibility of the LGs contributing towards economic development in the region.

6.3.4 Coordinator’s Activities

6.3.5 Taskforce Work Plan

6.3.6 Taskforce Actions Arising

6.3.7 Budget Summary as at 30 June 2016

6.3.8 Taskforce Membership Contact Details

6.4 LGA of SA

Skana Gallery spoke on protocols and the development of a formal document.

6.5 Department of State Development

Ted Tyne spoke on:

Mining operations.

Past meetings with mining exploration schemes have been positive with a substantial increase in activity, particularly

in South Australia.

DSD’s publication “Mineral Exploration in South Australia – Commodity Highlights and Achievements 2015”, tabled, which

provides comprehensive information on current and future mining exploration in 2016.

Gold pricing is something to watch.

Confident of all the programs the government has in place at present.

MESA Journal tabled and circulated.

SA Mineral resources regulation report 2015.

Links to enable access to the publications to be provided to Geoff Dodd.

Approval process timelines – 6 months on the proviso that the proponent has completed the application as required.


6.6 South Australian Chamber of Mines and Energy

Jason Kuchel reported on energy options, adding that nothing is available for the next 5 years, which is a huge issue for

manufacturing industry. SACOME is working on this matter and possible alternatives are in the pipeline.

Jason Kuchel left the meeting at 2.25pm.

6.7 Dion Dorward, RDAWEP

Iron Road project update:

the partnership with China Rail has been a real milestone.

approval process has been an impediment to the project, with a fair and efficient process needed – possibility

of incorporating this issue as a 90-day project through State Government.

Geoff Dodd to write a letter to the relevant department regarding the possibility of allocating a 90 day project towards a

review of the approval process for mining applications through DSD, including a request for details on how the

department’s resources are being allocated through the approval process.

7.0 CORRESPONDENCE

7.1 Correspondence In

7.1.1 Press release: 11/7/16: Joint announcement by Flinders Port and BP Australia of investment in the vicinity of $8m in

infrastructure to establish a state-of-the-art bunkering facility in Port Adelaide’s Inner Harbour.

7.1.2 The Australian: 7/7/16: Article on the sustainable path options for Arrium Mining and Steelworks in Whyalla.

7.2 Correspondence Out

7.2.1 Memo: Geoff Dodd, Local Government Business Services; RDA Whyalla and Eyre Peninsula: Summary of the South

Australian Multiple Land Use Framework.

7.2.2 Taskforce Coordinator: Annual Report to the Eyre Peninsula Local Government Association.

8.0 GENERAL BUSINESS

Peter Treloar reported on the recent Rural Media Luncheon, adding that Iron Road has indicated that their project needs a

decision within the next 6 months.

9.0 NEXT MEETING/CLOSE OF MEETING

Geoff Dodd informed members that details of the next meeting will be forwarded to members in due course.

Meeting closed at 3.00pm.


5 FINANCIAL REPORTS

5.1 Income and Expense Statement with comparison to budget for period ending

16 August 2016 and Balance Sheet as at 16 August 2016 – refer pages 68-73.

RECOMMENDATION:

That the Eyre Peninsula Local Government Association Board receives the Income and Expense

Statement with comparison to budget for the period 1 July 2015 – 16 August 2016 and Balance Sheet

as at 16 August 2016.


5.1


6 DEPUTATIONS AND PETITIONS

6.1 Deputations/Presentations

6.1.1 Alexandra Lewis, Stakeholder Engagement Lead, SA Power Networks:

Strategic vegetation management near power lines.

6.2 Petitions – Nil

7 GENERAL BUSINESS – Motions on Notice and Without and Questions

7.1 From the Floor


8 CORRESPONDENCE

8.1 Correspondence for Decision

1-0916: Don Hogben, General Manager, Planning and Transport Policy, DPTI: Copy of the response

sent to Trevor Smith, CEO, DC Tumby Bay on the issue of night travel for agricultural

machinery.

This correspondence is self-explanatory and members are asked to note the requirements of the agreement.

The Executive Officer’s Work Plan is included in this agenda and should be referred to for this

correspondence.

RECOMMENDATION/S:

Refer to the recommendation contained within the minutes of the Engineering & Works Committee

under agenda item 4.2.

2-0916: Andrew Haste, Director Member Services, LGASA: Notification of securing of funds from the

LGA Research & Development Scheme to support the continuation of the Outreach Services

Program for 2016-17 across all regional associations. Enclosed was the associated Terms of

Agreement for consideration/signing by the EPLGA.

RECOMMENDATION/S:

That the Eyre Peninsula Local Government Association Board directs the President and/or Executive

Officer to sign the Outreach Services agreement and to forward a tax invoice for fifty thousand dollars

[$50,000.00] plus GST to the Local Government Association of South Australia. Furthermore, that the

Executive Officer’s Work Plan be amended to comply with any requirements of the agreement.


1-0916


COMMENTS ON NIGHT TRAVEL FOR AGRICULTURAL MACHINERY CORRESPONDENCE

DC Cleve:

Moved Crs C Tarran/J Jones that Council provides comment to the Department of Planning, Transport &

Infrastructure regarding night travel for agricultural machinery.

That Council supports a night travel exemption for all agricultural machines and/or agricultural combinations

to operate at the following dimensions in Zones 3 and Zones 4:

3.7m wide and 19.0m long – Zone 3 (Adelaide Hills)

8.0m wide and 35m long – Zone 4 (Country), subject to

Travel at night be limited between farm blocks or parcels of land being worked by the operator

A requirement for forward and rear pilots/escort vehicles with flashing lights

Additional lighting on the extremities of the vehicle/combination to warn other road user of the increased

size of the vehicle.

CARRIED

DC Franklin Harbour:

CORRESPONDENCE FOR INFORMATION:

Cr Wagner moved Cr Elleway seconded that Correspondence for Information is received.

Carried

Don Hogben – Department of Planning Transport and Infrastructure

Night travel for agricultural machinery

DC Lower EP:

W&I/49/16 - DEPARTMENT OF PLANNING, TRANSPORT AND INFRASTRUTURE (DPTI)

Discussion ensued in relation to the pros and cons of shifting machinery at night and the size of the

machinery. Cr Millard pointed out that almost all relevant harvesting equipment is beyond 4.0 metres in

width, meaning that draft options one and two as presented by DPTI would have little benefit in overcoming

the issue.

MILLARD / LAUBE

That Council advises Department of Transport, Planning and Infrastructure that it supports Option 1 under

the Zone 4 (Country) Code to include night time travel for grain harvesters; and

In addition, Council strongly urges Department of Planning, Transport and Infrastructure (DPTI) to consider

expanding the parameters of Option 1 to agricultural machines / combinations up to 6.0 m wide, with

appropriate escort vehicles, to better reflect the needs of our farming community especially on the Eyre

Peninsula with long lengths of road with lower population densities.

Carried.

DC Streaky Bay:

Moved: Cr Wheaton, Seconded Cr Trezona

That Council, having considered Report No 14.1, Night Travel for Agricultural Machinery, 23 June 2016

supports as detailed “provide a night travel exemption for all agricultural machines and / or agricultural

combinations to operate at the following dimensions in Zone 3 and Zone 4:

• 3.7m wide and 19m long – Zone 3 (Adelaide Hills)

• 4.0m wide and 25m long – Zone 4 (Country) “

And authorises the Chief Executive Officer to notify them of Council’s position.

CARRIED


DC Tumby Bay:

Moved – Telfer Seconded – Collins

That Council advises the Department for Planning, Transport and Infrastructure (DPTI) that it provides Road

Manager Consent for the implementation of Option 1 as outlined in the Discussion Paper Night Travel for

Oversize/Over mass Agricultural Vehicles, being a night travel exemption for agricultural

machines/combinations up to 4.0m wide and 25.0m long subject to conditions outlines in the Discussion

Paper.

In addition, Council strongly urges DPTI to consider expanding the parameters of Option 1 to agricultural

machines/combinations up to 6.0m wide, with appropriate escort vehicles, to better reflect the needs of our

farming community especially on the Eyre Peninsula with long lengths of road with lower population

densities.

CARRIED

Wudinna DC:

Department of Planning Transport and Infrastructure re: Night Travel for Oversize/Over Mass Agricultural

Vehicles

a) Council advise the Department for Planning, Transport and Infrastructure (DPTI) that it gives Road Manager

Consent for the implementation of Option 1 as outlined in the Discussion Paper Night Travel for

Oversize/Over mass Agricultural Vehicles. The approval being a night travel exemption for agricultural

machines/combinations up to 4m wide and 25m long subject to conditions outlined in the Discussion Paper.

Cr NRC Luscombe / Cr RA DuBois CARRIED

DC Ceduna: could not find a resolution

DC Elliston: could not find a resolution

DC Kimba: could not find a resolution

RECOMMENDATION(S):

That the Eyre Peninsula Local Government Association Board attempts to develop a consistent position

on the matter of night travel for agricultural machinery.


2-0916


8.2 Precis´ of Incoming and Outgoing Correspondence for noting only – no

recommendations/actions required, with full copies available on request:


9 FUTURE MEETINGS

RECOMMENDATION:

That the next meeting of the Eyre Peninsula Local Government Association Board be held on Friday 2

December 2016 at Wudinna.

Future meeting scheduled for 2016:

Friday 2 December – Wudinna

MEETING CLOSE

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