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General Meeting of Council

MINUTES

Meeting held in the Central Highlands Regional Council Chambers, Emerald Office

Wednesday 10 December 2014

Commenced at 2.00pm

CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

WEDNESDAY 10 DECEMBER 2014

MINUTES CONTENTS

PRESENT .................................................................................................................................................... 3

APOLOGIES ................................................................................................................................................ 3

LEAVE OF ABSENCE ................................................................................................................................. 3

CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................................................... 3

General Council Meeting: 25 November 2014 .............................................................................................. 3

OUTSTANDING MEETING ACTIONS ......................................................................................................... 3

CONFLICT OF INTEREST , PERSONAL GIFTS AND BENEFITS .............................................................. 3

COMMITTEE RECOMMENDATIONS / NOTES ........................................................................................... 4

Minutes of Local Disaster Management Group Meeting................................................................................ 4

Minutes – Audit Committee Meeting – 18 November 2014 ........................................................................... 4

Minutes of Meeting - Community Planning Advisory Committee – 11 November 2014 ................................. 4

Minutes of Meeting – Community Consultation Meetings – Ethel Glen and Capella - 19 November 2014 ... 4

INFRASTRUCTURE, ASSETS AND PUBLIC FACILITIES’ SECTION ........................................................ 4

Customer Service Standards – Water Supply and Sewerage ....................................................................... 4

2014-2015 Bitumen Reseal Works –Tender - Bowen Basin Regional Road Technical Group-01 ................. 9

ORGANISATIONAL SUPPORT SERVICES’ SECTION .............................................................................. 9

November Financial Report .......................................................................................................................... 9

Budget Review One .................................................................................................................................... 10

COMMUNITY AND DEVELOPMENT SERVICES’ SECTION .................................................................... 11

1.1 4088/13 – Holcim (Australia) Pty Ltd C/- John Gaskell Planning Consultants – Tolmies Road, Comet – Material Change of Use – Extend Extractive Industry and Establish Mobile Concrete Batching Plant 11

1.2 4004/10 – TMD Trading Pty Ltd, Kaesbie Pty Ltd Trust, CKC Corporation Pty Ltd and JKCD Pty Ltd C/- Des Skinner Design and Drafting – 1-7 King Street, Emerald – Material Change of Use – Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle Showroom and/or Plant Nursery – Request to Extend Relevant Period ...................................................................................................................... 17

Delegated Approvals .................................................................................................................................. 19

Draft Area Pest Management Plan 2014-2016 ........................................................................................... 19

Public Notification Central Highlands Regional Council Planning Scheme .................................................. 20

Development Incentive (Infrastructure Charges Increment Subsidy) Policy ................................................ 20

Adoption of Charges Resolution Number Seven and Charges Resolution Number Eight ........................... 20

CORPORATE COMMUNICATIONS AND STRATEGY SECTION ............................................................. 21

2015 Councillor Community Consultations ................................................................................................. 21

GOVERNANCE, PERFORMANCE AND RISKS’ SECTION ...................................................................... 21

Delegation of Powers – Council to Chief Executive Officer ......................................................................... 21

GENERAL BUSINESS ............................................................................................................................... 42

Indigenous Land Use Agreement (ILUA) – Iman People Qud 6224/1998 ................................................... 42

Emerald Saleyards – Business Options ...................................................................................................... 42

Rating Concession – Kanolu Aboriginal Corporation .................................................................................. 43

Design Consultancy Services of the Proposed new Blackwater Aquatic Centre ......................................... 43

COMMERCIAL SERVICES’ SECTION ...................................................................................................... 44

Emerald Airport – Construction of Carpark No. Three ................................................................................. 44

GENERAL BUSINESS ............................................................................................................................... 44

CLOSED SESSION .................................................................................................................................... 45

Planning And Environment Court Appeal No. 2892 of 2013 - Village National Emerald Properties Pty Ltd v Central Highlands Regional Council ................................................................................................... 45

CLOSURE OF MEETING ........................................................................................................................... 46

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 10 DECEMBER 2014 – PAGE 3

MINUTES – GENERAL MEETING HELD AT 2.00PM WEDNESDAY 10 DECEMBER 2014 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL CHAMBERS, EMERALD OFFICE

PRESENT Councillors Councillor (Crs) P. Maguire (Mayor), G.Nixon (Deputy Mayor) Councillors (Crs) P. Bell AM, C. Brimblecombe, K. Cracknell, G. Godwin-Smith, P. Maundrell, G. Nixon, K. Pickersgill, G. Sypher Officers Chief Executive Officer S. Mason, General Manager Community and Development Services B. Duke, General Manager Organisational Support Services M. Lyons, General Manager Infrastructure, Assets and Public Facilities G. Brayford, Executive Manager Corporate Communications and Strategy M. Sidhu, Minute Secretary M. Wills APOLOGIES Cr P. Bell LEAVE OF ABSENCE Resolution: Cr Nixon moved and seconded by Cr Sypher “That a leave of absence be granted for Cr Bell for today’s meeting.”

2014 / 12 / 10 / 001 Carried (8-0) CONFIRMATION OF MINUTES OF PREVIOUS MEETING General Council Meeting: 25 November 2014 Resolution: Cr Maundrell moved and seconded by Cr Brimblecombe “That the minutes of the previous General Meeting held on 25 November 2014 be confirmed.” 2014 / 12 / 10 / 002 Carried (8-0) Business Arising Out Of Minutes Nil OUTSTANDING MEETING ACTIONS CONFLICT OF INTEREST , PERSONAL GIFTS AND BENEFITS Cr Maguire declared a conflict of interest regarding the Emerald Airport – Construction of Carpark No. Three item (as defined in Section 173 of the Local Government Act 2009) due to his business associations with Queensland and Northern Territory Aerial Service (QANTAS). Cr Cracknell declared a perceived conflict of Interest with the town planning item 4088/13 – Holcim (Australia) Pty Ltd C/- John Gaskell Planning Consultants – Tolmies Road, Comet – Material Change of Use – Extend Extractive Industry and Establish Mobile Concrete Batching Plant (as defined in Section 173 of the Local Government Act 2009) due to his employment with Billiton Mitsubishi Alliance (BMA) and their letter of objection to the application.


Cr Godwin-Smith declared that she received an invitation from McInnes Wilson Lawyers to attend the Roma Races on 22 November 2014 and received free entry to the races and to the McInnes Wilson Lawyers marquee.

COMMITTEE RECOMMENDATIONS / NOTES Minutes of Local Disaster Management Group Meeting Resolution: Cr Nixon moved and seconded by Cr Brimblecombe “That the minutes of the Local Disaster Management Group Meeting held on 11 November 2014 be endorsed.”

2014 / 12 / 10 / 003 Carried (8-0)

Minutes – Audit Committee Meeting – 18 November 2014 Resolution: Cr Brimblecombe moved and seconded by Cr Sypher “That the minutes of the Audit Committee Meeting held on 18 November 2014 be endorsed.” 2014 / 12 / 10 / 004 Carried (8-0) Minutes of Meeting - Community Planning Advisory Committee – 11 November 2014 Resolution: Cr Nixon moved and seconded by Cr Godwin-Smith “That the minutes of the Community Planning Advisory Committee meeting held on 11 November 2014 be endorsed.” 2014 / 12 / 10 / 005 Carried (8-0) Minutes of Meeting – Community Consultation Meetings – Ethel Glen and Capella - 19 November 2014 Resolution: Cr Nixon moved and seconded by Cr Brimblecombe “That the minutes of the Community Consultation Meeting held at Ethel Glen and Capella on 19 November 2014 be endorsed.” 2014 / 12 / 10 / 006 Carried (8-0) Attendance Acting Manager Water Utilities M. Zeilinga attended the meeting at 2.06pm General Manger Organisational Support Services M. Lyons attended the meeting at 2.10pm Chief Executive Officer S. Mason left the meeting at 2.12pm

INFRASTRUCTURE, ASSETS AND PUBLIC FACILITIES’ SECTION Customer Service Standards – Water Supply and Sewerage Executive summary: The Department of Energy and Water Supply (DEWS) require Central Highlands Regional Council (CHRC) to submit customer service standards by 31 December 2014. The attached document is proposed to replace the existing 2009 CHRC Water and Sewerage Customer Service Standards.


Resolution: Cr Sypher moved and seconded by Cr Brimblecombe “That the Central Highlands Regional Council adopt the “Customer Service Standards – Water Supply and Sewerage 2014” as presented.

CENTRAL HIGHLANDS REGIONAL COUNCIL - CUSTOMER SERVICE STANDARDS

Water Supply and Sewerage - December 2014

Council has determined and set appropriate level of service standards for a range of performance indicators based on historical records for its water supply and sewerage services.

PERFORMANCE INDICATORS

DEFAULT

PERFORMANCE MEASURE

DEFINITION/COMMENT

Day to Day Continuity – Water Supply

Extent of connections

experiencing an unplanned interruption

(This refers to the number of times the service is interrupted, NOT the

number of customers affected by the interruption) QG 4.7 – Incidence of

Unplanned Interruptions (DERM, 2014)

Less than 100 per

1000 connections per annum for water supply

Definition:

• an interruption commences when water is no longer available at the customer’s first cold water tap and ceases when “normal’’ service is restored

• “unplanned” is when the customer has not received at least 24 hours notification of the interruption or when the duration exceeds that originally notified

• does not include interruptions caused by bursts or leaks in the service connection to internal plumbing ie infrastructure owned by customer

• applies to work/action by either Central Highlands Regional Council or a third party

• includes situations where the duration of the planned interruption exceeds that originally notified

• if a property experiences more than one interruption then it is counted for each event

• is an incident causes more than one interruption incident, then it is counted as a separate event

• Does not include property service connection interruptions unless a burst or leak requires the water main to be shut down for repair and hence affects multiple customers

• Does not include interruptions that cause some reduction to the level of service but where normal services (shower, washing machine, toilet flushing etc.) are still possible)

Time for restoration of service – unplanned interruptions

98% restored within 5 hours

Definition: • proportion of total number of connections

experiencing an unplanned interruption

where service is restored within 5 hours.

If a connection experiences more than

one interruption then it should be

counted for each event.

• “restoration” occurs where all interrupted connections are restored to normal service (ie regardless of

whether connections are progressively restored eg

due to location of isolation valves)

Customer interruption frequency

No more than 5% of connections experiencing more than 4 interruptions per annum

Definition: number of connections experiencing 5 or more interruptions. This does not include interruptions caused by bursts/leaks in the service connection to internal plumbing.


Relative incidence of planned and unplanned interruption incidents

1 in 10 incidents will be due to planned maintenance GOAL: Endeavor to achieve 1 in 5 incidence of planned to unplanned interruptions over five years

Definition: • “planned” interruption is when the customer is given at least

24 hours notification of the interruption. Planned work of which the customer is not notified is an unplanned interruption. If the interruption is longer than notified, the interruption is unplanned. Does not include planned interruptions caused by routine meter work.

• “Unplanned” interruption is when the customer has not received at least 24 hours notification of the interruption or when the duration exceeds that originally notified. Does not include interruptions caused by bursts or leaks in the service connection to internal plumbing.

Average interruption duration – planned and unplanned

3 Hours Calculated as the duration of ALL interruptions (ie planned and unplanned) DIVIDED by the number of events

Response / reaction time (Priority 1 – no water or sewage overflow)

QG 4.8 – Average Response Time for Water Incidents (DERM, 2014)

2 Hours – Emerald, Blackwater and surrounds 3 Hours – Rolleston, Tieri and Bauhinia

Response time for incidents, regardless of whether the incident causes an interruption to customers. Determined as the time it takes to get a person/team on-site to fix/investigate the problem

Water related complaints

QG 4.11 – Total Water Related Complaints (DERM, 2014)

Less than 150 complaints per 1000 connections

Definition

• total number of complaints received by the service provider that are attributable to the service provider’s water assets or action;

• complaints may relate to water pressure, water quality, bursts, leaks, service interruptions, adequacy of service, behavior of staff, affordability or billing and accounts.

• service providers are not required to judge whether the complaint is justified;

complaints can be received via any medium e.g. in person, phone; letter; fax; email;

Adequacy and Quality of Normal Water Supply

Pressure and/or flow • minimum flow; AND • minimum pressure

10 litres/min at maximum hour flow at connection; AND no less than 15L/s fire fighting capacity at a 12m residual head during peak demand periods equivalent to 2/3 of maximum hourly flows;

22 metres head pressure at connection except in designated high and hydraulically isolated areas where a pressure of no less than 16m would be acceptable

Definition:

• minimum flow and/or pressure that customers can expect to receive at the meter connection

Connections with deficient pressure and/or flow

No more than 50 per 1000 connections per annum

Definition:

• number of connections with a flow/pressure deficiency i.e. have, or are likely to receive, a service flow/pressure below the minimum level nominated by the service provider


Drinking water

quality compliance with nominated industry guideline (e.g. NHMRC)

98% compliance Physical/chemical quality of water only.

To comply with NHMRC Guidelines:

True Colour < 15 HU Turbidity < 1 NTU pH 6.5 – 8.5 Total Iron < 0.3 mg/L TDS < 600 mg/L Hardness as CACO3 60 – 200 mg/L Chloride < 250 mg/L Nitrate < 50 mg/L

Total Manganese < 0.1 mg/L Dissolved Oxygen > 85%

Microbiological quality of water: To comply with NHMRC Guidelines:

100% of samples contain no thermotolerant coliforms (E.coli) Drinking water quality complaints

QG 4.10 – Water Quality Complaints (DERM, 2014)


Definition (based on WSAA):

• total number of complaints received by the service provider relating to drinking water quality and which are attributed to the service provider’s assets or action. This includes any complaint regarding discolouration, taste, odour, stained washing etc. It does not include complaints relating to service interruption, adequacy, restriction, pressure;

• service providers are not required to make judgments on whether the complaint is justified;

complaints can be received through any medium e.g. face to face; telephone; letter; fax; email;

Drinking water quality incidents

No more than 10 incidents per 1000 connections per annum

Definition:

• complementary to water quality complaints indicator e.g. one incident can result in 1,000 complaints from customers;

an “incident” is any event affecting the water service provider’s infrastructure, or the resource, which adversely affects the water quality delivered to customers, and to which water quality complaints can be attributed.

Effective Transport of Wastewater Flows

Sewage overflows - total regardless of where the overflows occur

No more than 30 per 100km of sewer/rising main per annum

Definition:

• total number of overflows attributable to the service provider’s assets or action - regardless of where the overflow occurs;

• does not include overflows caused by infrastructure owned by customers

• includes both wet and dry weather overflows; • includes overflows from points designed to overflow.

Sewage overflows to customer property


Definition:

• total number of overflows occurring on customer property which are caused by the service provider’s assets or action; does not include overflows caused by infrastructure owned by customers;

• includes both wet and dry weather overflows. Sewerage related complaints

QG 4.11 – Total Sewerage Related Complaints (DERM, 2014)


Definition:

• total number of complaints received by the service provider that are attributable to the service provider’s wastewater assets or action;

• complaints may relate to odour, bursts, leaks, service interruptions, adequacy of service, behavior of staff, affordability or billing and accounts.

• service providers are not required to judge whether the complaint is justified;

• complaints can be received via any medium e.g. in person, phone; letter; fax; email;

Response/reaction time

QG 4.9 – Average Response Time for Sewerage Incidents (DERM, 2014)

3 hours Response time for incidents, regardless of whether the incident causes an interruption to customers. Determined as the time it takes to get a person/team on-site to fix/investigate the problem.

Effluent Quality Compliance with the EPA discharge licence

To ensure long term 80 percentile compliance for BOD5, SS, pH, DO

and faecal coliforms

To comply with all aspects of current EPA Licences regarding water and wastewater treatment for each of council’s treatment facilities


Long Term Water Supply Continuity

Water main breaks and leaks QG 4.5 – Total Water Main Breaks (DERM. 2014)

No more than 50 per 100km main

Definition:

• main breaks include bursts and leaks in all mains (reticulation, distribution and trunk mains).

• “Breaks” include bursts or breaks from third parties • Leaks include main faults that can be fixed without

shutting down the main.

• Does not include bursts/leaks in the service connection to internal plumbing.

• Does not include property service mains (mains to meter connection)

• Excludes leaks, weeps and seepages that can be fixed without shutting down the main

System water loss

No more than 200L / connection

/ day

(approx 15% of consumption)

GOAL:

Endeavor to achieve a system loss of no more than 10% of consumption over next five years with implementation of Water Demand Management

Definition:

• system water loss is equal to:- (Master meter volumes MINUS total metered consumer volumes; and MINUS total estimated non-metered volumes) i.e. difference between the total amount of water put into system and the quantity delivered to customers (with adjustments);

• adjustments may be made for: • estimated non-metered consumption by

customers; • estimated “other” non-metered consumption,

including estimates of water used for fire fighting, mains flushing, water taken by contractor or councils, and other consumption due to operations;

• estimated loss of volume due to errors in customer metering PROVIDED these are based on proper records and/or assessment;

• does not include losses from major dams and reservoirs, or

Long Term Sewer Servicing Continuity

Sewer main breaks and chokes

QG4.6 – Total Sewer Main

Breaks (DERM, 2014)

No more than 60 per 100km main per annum

Definition:

• chokes are confirmed partial or total blockages occasioning an interruption to service. Chokes that change the level of service offered by a pipe ie bath or toilet drains away slowly as well as complete interruptions should be counted. Breaks include bursts and leaks. This applies to sewer chokes/bursts/leaks that occur in the reticulation main (excluding house connection and branches).

• Includes all gravity mains, pressure mains (including common mains and pipelines), vacuum systems and breaks from third parties.

• Does not include property connection sewers, pipelines carrying treated effluent, recycled water mains.

Sewer inflow and infiltration To ensure that the ratio of peak day flow to average day flow does not exceed 5

Definition:

• peak day flow (ML/day) DIVIDED by average day flow (ML/day) infiltration in WSAA includes stormwater, illegal stormwater connections and groundwater infiltration

The levels of service are monitored by evaluating customer complaints, interruptions and drinking water quality. Council will use the customer request system (CRM) for recording customer service requests and monitoring meeting of standards. The standards of service being achieved will be reviewed annually and Council will endeavor to improve on the stated levels of service in time as the aged assets are replaced. The stated levels of service may not be achieved in times of drought.

In setting these levels of service, Council’s past system performance has been assessed. The levels of service have been set at a level which will not create an additional financial burden on the customers. If Council is experiencing any problems or limitations within the systems, the customers will be advised by notification through the media or by written communication.

All customers will be provided with a summarized version of the standard levels of service and processes in place for provision of these services with their rates notice annually. A full copy of the


standard levels of service and processes will be available from the Council office. A customer survey will be sent out annually to analyse whether Council is meeting the expectations of customers and whether improvements can be made to the system.

These standards will be subject to annual review. The regulator and all customers will be issued with a new copy of the standards if any amendments are made. In setting these standards and service goals for the next ten years, Council’s performance has been benchmarked against other non-major urban water utilities.

This document is based on the Key Performance Indicators for Queensland Urban Water Service Providers - Definitions Guide (Version 1.2), 2014, Department of Energy and Water Supply (DERM), State of Queensland.”

2014 / 12 / 10 / 007 Carried (7-1) Attendance Acting Manager Water Utilities M. Zeilinga left the meeting at 2.16pm Opening Prayer Reverend Honorio Hincapie (St Luke’s Anglican Church) delivered the opening prayer. Attendance Manager Infrastructure J. Akers attended the meeting at 2.22pm Executive Manager Corporate Communications and Strategy attended the meeting at 2.24pm 2014-2015 Bitumen Reseal Works –Tender - Bowen Basin Regional Road Technical Group-01

Executive summary: The Bowen Basin Regional Road and Transport Group - Technical Group (BBRRTGTG) recommended to the Bowen Basin Regional Road and Transport Group (BBRRTG), consisting of Mayors and elected representatives, that a joint tender for the road reseals project for 2014-15 be called for the combined group consisting of Councils of Central Highlands Regional Council, Isaac Regional Council, Woorabinda Aboriginal Shire Council and Banana Shire Council. Resolution: Cr Pickersgill moved and seconded by Cr Godwin-Smith “That Central Highlands Regional Council accept the tendered price from Rock N Road Bitumen and award the contract for Bitumen Reseal Works attributed to Council’s 2014-15 approved capital budget for roads for $1,185,183.50 goods and services tax (GST) exclusive and note this amount is for Central Highlands Regional Council roads only.” 2014 / 12 / 10 / 008 Carried (8-0) Attendance Manager Infrastructure J. Akers left the meeting at 2.27pm Manager Finance S. Fogg attended the meeting at 2.27pm

ORGANISATIONAL SUPPORT SERVICES’ SECTION November Financial Report

Executive summary: Each month a Financial Report which summarises the financial performance and position of Council is presented for information purposes. While this report complies with statutory obligations, it is also intended


to provide additional information to keep Councillors informed in relation to relevant financial matters of Council. Resolution: Cr Brimblecombe moved and seconded by Cr Sypher “That Council receive the Monthly Financial Report for the period ending 30 November, 2014 as presented.” 2014 / 12 / 10 / 009 Carried (8-0) Attendance General Manager Community and Development Services B. Duke attended the meeting at 2.33pm Town Planners M. Lehman and J. Webster attended the meeting at 2.33pm Budget Review One

Executive summary: Council must complete an annual budget and long term financial plan each financial year based on the best available information at the time. During the course of the year variances may occur and Council can decide to vary its budget by resolution. The 2014/2015 budget has been reviewed based on actuals to the 31 October 2014 and a number of changes are being suggested. Overall the budget remains in a balanced position. Resolution: Cr Cracknell moved and seconded by Cr Brimblecombe “That in accordance with sections 169 and 170 of the Local Government Regulation 2012 Central Highlands Regional Council adopt the amendment to the budget including:-

1. The statement of income and expenditure 2. The statement of financial position 3. The statement of cash flow 4. The statement of changes in equity 5. The relevant indicators of sustainability 6. Capital program 2014/2015 7. Reserve transfers 2013/2014 Actuals 8. Reserve transfers 2014/2015 Budgeted”

2014 / 12 / 10 / 010 Carried (8-0) Attendance Manager Finance left the meeting at 2.34pm Conflict of Interest Cr Cracknell declared a perceived conflict of interest in the following town planning item (as defined in section 173 of the Local Government Act 2009) due to his employment with Billiton Mitsubishi Alliance (BMA) and their letter of objection to the application. Cr Cracknell dealt with the perceived conflict of interest by taking no part in the debate or decision on the matter and leaving the room at 2.34pm.


COMMUNITY AND DEVELOPMENT SERVICES’ SECTION 1.1 4088/13 – Holcim (Australia) Pty Ltd C/- John Gaskell Planning Consultants – Tolmies Road, Comet – Material Change of Use – Extend Extractive Industry and Establish Mobile Concrete Batching Plant Executive summary Holcim (Australia) Pty Ltd seeks a Development Permit over land located at Tolmies Road, Comet for a Material Change of Use for an expansion to an existing Extractive Industry and establishment of a High Impact Industry – Mobile Cement Batching Plant. The decision making period expires on 10 December 2014. Resolution: Cr Sypher moved and seconded by Cr Pickersgill “That the application for a Development Permit for a Material Change of Use for an extension to a Extractive Industry and High Impact Industry (mobile Concrete Batch Plant) on land located at Tolmies Road, Comet with Real Property Description Lot 13 on HT602, Lot 781 on SP129827, Lot 22 on HT600 and Lot 4 on SP202320, is approved subject to the following conditions: 1. PARAMETERS OF APPROVAL

The development of the premises is to comply with the provisions of the Council’s Planning Scheme and Local Laws to the extent that they are not varied by this approval. Timing: Prior to commencement of use and to be maintained at all times thereafter.

2. APPROVED USE

The use permitted as part of this approval is Extractive Industry and High Impact Industry involving a mobile concrete batching plant. Timing: To be maintained at all times after commencement of use.

3. RELEVANT PERIOD

The relevant period will expire at 11:59pm on 10 December 2018. Advisory Note: The relevant period of this approval with is in accordance with Section 341 of the Sustainable Planning Act 2009. Timing: To be maintained at all times after commencement of use.

4. APPROVED PLANS AND DOCUMENTATION

The use shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this approval:

Drawing Title/Plan Title/Document Title

Job No./ Drawing No.

Rev. Date Prepared by

Site Plan Plan 2 - 09/09/2013 Sinclair Knight Merz (SKM) Site Location and Operational Areas

Plan 6 - 05/09/2013 Sinclair Knight Merz (SKM)

Stockpiling Operations Areas Plan 7 - 09/09/2013 Sinclair Knight Merz (SKM) Floor Plan and Elevations – Tolmie Creek Quarry Proposed Buildings

DA01 A 23/08/2013 Griaffe Draft

Floor Plan – Tolmie Creek Quarry Weighbridge


Elevations – Tolmie Creek Quarry Weighbridge



Mobile Plant 4351-00-02 - - P & P Products (Aust) Pty Ltd Mobile Plant – Main Plant 4351-01-00 - - P & P Products (Aust) Pty Ltd Mobile Plant – Silo Two 4351-00-04 - - P & P Products (Aust) Pty Ltd Environmental Management Plan QE06698 3 12/09/2013 Sinclair Knight Merz (SKM)

Timing: To be maintained at all times. 6. NATURE AND EXTENT OF APPROVED USE

Extraction activities must not extend outside of the Tolmie Creek Quarry extraction areas shown as on the stamped approved plans.

Timing: At all times. 7. DECISION NOTICE AND APPROVED PLANS TO BE SUBMITTED WITH SUBSEQUENT

APPLICATION A copy of this decision notice and accompanying stamped approved amended plans must be submitted with any building development application relating to or arising from this development approval. Timing: At lodgement of Building Application.

9. DECISION NOTICE AND APPROVED PLANS TO BE RETAINED ONSITE

A copy of this decision notice and stamped approved amended plans must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works. Timing: At all times

10. AMENITY – EMISSIONS

Operate the use so that there is no interference with the amenity of the area or detrimental effect on any person by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit, oil or otherwise.

All flyrock shall be contained within the property boundary.

Timing: To be maintained at all times upon the commencement of the use. 11. AMENITY – LIGHTING

Angle or shade lighting used to illuminate any areas of the premises must be erected so the light does not directly illuminate or cause any environmental nuisance (e.g. glare) to any nearby premises or roadways. Timing: To be maintained at all times upon the commencement of the use.

12. PUBLIC SAFETY – SECURITY FENCING

A 3 strand barb-wire fence must be erected around the perimeter of Lot 13 on HT602 to restrict access and ensure public/visitor safety during the operation of the Extractive Industry. Public signage including warning of all safety hazards associated with the approved use must be erected at Tolmies Road access point and eastern access point to Lot 13 on HT602. Timing: Prior to commencement of the use and to be maintained thereafter

13. REHABILITATION AND EXIT PLAN

Provide to Council a rehabilitation and works exit plan generally in accordance with Tolmie Creek Quarry Expansion Rehabilitation Strategy prepared by Sinclair Knight Merz dated 9 September 2013.

Timing: At or before twelve (12) months ahead of the cessation of the use.


14. HOURS OF OPERATION

The hours of operation are limited to between 6:00am to 6:00pm, Monday to Sunday. Blasting associated with the approved use is not permitted to occur outside of the hours of operation or on Sundays. Timing: To be maintained at all times after commencement of use.

16. HEAVY VEHICLE HAULAGE

No access for the movement of extracted materials shall be permitted from Tolmies Road without the express written permission of the Chief Executive Officer, or delegate. Any damage to Tolmies Road as a result of the approved development must be immediately repaired by the applicant at no cost to Council prior to the completion of works. Advisory Note: Infrastructure charges will be levied in the event that Tolmies Road becomes a haulage route for the approved development. Timing: At all times.

17. WORKS – APPLICANT’S EXPENSE

All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense unless otherwise specified. Timing: Prior to commencement of use.

19. STORMWATER DRAINAGE – DISCHARGE AND DISPOSAL

Stormwater management and erosion and sediment control is to be undertaken generally in accordance with the Stormwater Management and Impact Assessment report prepared by SLR Consulting dated 9 September 2013. The developer/owner must adequately drain the site, and that drainage must be carried to a point where it may be lawfully discharges without causing annoyance or nuisance to any person, and must:

(a) Adequately cater for all stormwater draining to the land, especially for existing stormwater

flow paths that are interfered with by the development or by filling of the subject land;

(b) Control all flows in order to prevent sedimentation and/or erosion;

(c) Not cause concentration of flows on adjoining properties;

(d) Not cause ponding on the site or in adjoining properties; and

(e) Collect within the premises all stormwater run-off from artificial and roof areas on the site and

discharge it to the lawful point of discharge.

The Stormwater Management system may be augmented by the provision of rain water tanks on site. The lawful points of discharge for this site are in accordance with the Stormwater Management and Impact Assessment report prepared by SLR Consulting dated 9 September 2013. Timing: Prior to commencement of use and at all times thereafter.

21. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE

PERIOD All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the applicant/owner’s expense unless otherwise specified.


If works are required in the Tolmies Road reserve, then the construction of those works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. If works are required in the Tolmies Road reserve, then the applicant shall be responsible for the maintenance of all works associated with the proposal for a period of 12 months after practical completion of the works. A bank guarantee or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the signing and sealing of any survey plan or prior to the commencement of use. The maintenance period referred to in this condition shall be extended by Council in the event of:

(a) major repairs having been carried out to the works during the maintenance period;

(b) unsatisfactory operation of mechanical or electrical equipment during the maintenance

period;

(c) the Plan of Survey not being registered at the conclusion of the maintenance period

(including any extended maintenance period); and/or

(d) erosion or sediment control is not operating or maintained satisfactorily.

Timing: Prior to the release of Survey Plan or prior to the commencement of use.

22. WATER SUPPLY Any building provided for the purpose of a site office and/or staff amenities must be provided with water storage with a capacity that meets the requirements of the approved use. Timing: Prior to the commencement of use at all times thereafter.

23. ONSITE SEWERAGE TREATMENT

The developer/applicant must ensure that all sewerage generated from any building provided within the approved development is treated onsite and any resultant effluent is disposed of onsite.

The developer/applicant must ensure that: (a) a reticulated sewerage system is provided to all of the approved accommodation units within

the development; and

(b) carry out all works in accordance with AS3500 Plumbing and Drainage and Council’s

Standards; and

(c) be responsible for all costs associated with the connection and inspection of the proposed

works.

The ‘Sewerage Treatment Irrigation Area’ (STIA) must be appropriately designed so that all of the STIA is located above a one hundred year storm event. Timing: Prior to commencement of use and all times thereafter.

24. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS

If works are required in the Tolmies Road reserve, then the construction of those works shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the Engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Plans showing ‘as constructed’ details of the operational works shall be submitted to Council in electronic DWG/DXL format prior to the commencement of use. ‘As constructed’ details will be provided in the approval for Operational Works associated with the development. Timing: Prior to the commencement of use.

25. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS


If works are required in the Tolmies Road reserve, those works shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until:

(a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity

reticulation and street lighting (as prepared by a consulting electrical engineer or electricity

provider) for the work have been lodged for Council approval;

(b) Council’s written approval has been issued; and

(c) Any appeal lodged against Council’s decision to approve (with or without conditions) the

development application, has been decided or resolved.

Timing: Prior to the commencement of use and at all times thereafter.

ADVICE

1. ABORIGINAL CULTURAL HERITAGE Take all reasonable care and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”) Maximum penalties for the duty of care are $1,000,000 for a corporation and $100,000 for an individual. Act in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on DEHP’s website, or in accordance with an agreement with the Aboriginal party of the area or a cultural heritage management plan approved under Part 7 of the Aboriginal Cultural Heritage Act 2003. Undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage register, administered by the Cultural Heritage Unit, Department of Environment and Heritage Protection (DEHP). Application forms to undertake a free search of Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordinator Unit on (07) 32393647 or DEHP’s website www.dehp.qld.gov.au/culturalheritage.

2. APPLICANT RESPONSIBILITIES The Applicant is responsible for securing all necessary approvals and tenure, providing all statutory notifications and complying with all relevant laws. Nothing in this Decision Notice alleviates the need for the Applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owner by the applicant is involved. Without limiting this obligation, the applicant is responsible for:

(a) Obtaining all other necessary approvals, licences, permits, resource entitlements,

etc. by whatever name called required by law the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration;

(b) Providing any notifications provided by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘Notifiable activity’);

(c) Securing tenure/permission from the relevant owner to use private or public land not owned by the Applicant (including for access required by conditions of approval);

(d) Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes;

(e) Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $80,000. Acceptable proof of payment is a Q. Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before


Council can issue a Development Permit for Operational Works. This is a requirement of Section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and

(f) Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans.

3. REFERRAL AGENCIES The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified as a condition of their approval.

Referral Agency Address Jurisdiction

State Assessment Referral Agency

Fitzroy / Central Regional Office Level 3, 130 Victoria Parade PO Box 113 Rockhampton QLD 4700

Schedule 7, Table 3, Item 1 – State-controlled road; Schedule 7, Table 3, Item 2 – State transport infrastructure; and Schedule 7, Table 3, Item 15A – Railways.

4. Water Pollution In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or rubbish must not be deposited or placed or where it could reasonably expected to move, into a stormwater drain or a watercourse. On spot fines apply for such offences.

5. Environmental Harm The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm. Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.

6. Contaminated Land It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware that a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on the land, or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment & Resource Management’s Contaminated Land Unit.”

2014 / 12 / 10 / 011 Carried (6-1) Attendance Cr Cracknell returned to the meeting at 2.45pm


1.2 4004/10 – TMD Trading Pty Ltd, Kaesbie Pty Ltd Trust, CKC Corporation Pty Ltd and JKCD Pty Ltd C/- Des Skinner Design and Drafting – 1-7 King Street, Emerald – Material Change of Use – Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle Showroom and/or Plant Nursery – Request to Extend Relevant Period Executive summary A request has been submitted to extend the relevant period of a Development Approval for Material Change of Use: Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle Showroom and/or Plant Nursery on land located at 1 – 7 King Street, Emerald (corner of Selma Road, Roberts Street and King Street). As the request has been made on compassionate grounds delegations require the request to be decided by the full Council. Resolution: Cr Maundrell moved and seconded by Cr Nixon “That the a Request to Change an Existing Approval for a Development Application for Material Change of Use: Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle Showroom and/or Plant Nursery from TMD Trading Pty Ltd C/- Des Sinner Design and Drafting on land located at the 1-7 King Street, Emerald described as Lot 7 on SP202483, be approved subject to the following conditions: Omit Condition 1 as detailed in Decision Notice 4004/10 dated 23 June 2011: 1. APPROVED USE

The use permitted as part of this approval is Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle Showroom and or Plant Nursery. This approval will remain in force until 1 November 2014. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this approval period. Timing: To be maintained at all times after commencement of use.

Replace with: 1. APPROVED USE (Amendment 1 – 27 November 2014)

The use permitted as part of this approval is Low Impact Industry, Warehouse, Bulk Store, Showroom, Vehicle Showroom and or Plant Nursery. This approval will remain in force until 1 November 2014 27 May 2015. Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this approval period. Timing: To be maintained at all times after commencement of use.

Omit Condition 26 as detailed in Decision Notice 4004/10 dated 23 June 2011: 26. WATER HEADWORKS

Pay a contribution towards water supply headworks in accordance with Council’s Local Planning Policy No. 2 – Water Undertaking Headworks Contributions. The applicable rate is currently assessed at $1,255 per EP. The contribution rate has been calculated as follows: 40EP / 10 000m2 = Light Industry 4902m2 site area Existing credit of 4EP for sewered allotment 40 EP / 10 000m2 x 4902m2 = 19.6 EP – 4 EP = 15.6 EP 15.6 EP x $1255 = $19 578


Timing: Prior to commencement of use. Replace with: 26. WATER HEADWORKS (Deleted 27 November 2014)

Pay a contribution towards water supply headworks in accordance with Council’s Local Planning Policy No. 2 – Water Undertaking Headworks Contributions. The applicable rate is currently assessed at $1,255 per EP. The contribution rate has been calculated as follows: 40EP / 10 000m2 = Light Industry 4902m2 site area Existing credit of 4EP for sewered allotment 40 EP / 10 000m2 x 4902m2 = 19.6 EP – 4 EP = 15.6 EP 15.6 EP x $1255 = $19 578 Timing: Prior to commencement of use.

Omit Condition 27 as detailed in Decision Notice 4004/10 dated 23 June 2011: 27. SEWERAGE HEADWORKS

Pay a contribution towards sewerage headworks in accordance with Council’s Local Planning Policy No. 3 – Sewerage Undertaking Headworks Contributions. The applicable rate is currently assessed at $,361 per EP. The contribution rate has been calculated as follows: 40EP / 10 000m2 = Light Industry 4902m2 site area Existing credit of 4EP for sewered allotment 40 EP / 10 000m2 x 4902m2 = 19.6 EP – 4 EP = 15.6 EP 15.6 EP x $1361 = $21 231.60

You are advised the contribution rate is subject to periodic review. Timing: Prior to commencement of use. Replace with: 27. SEWERAGE HEADWORKS (Deleted 27 November 2014)

Pay a contribution towards sewerage headworks in accordance with Council’s Local Planning Policy No. 3 – Sewerage Undertaking Headworks Contributions. The applicable rate is currently assessed at $,361 per EP. The contribution rate has been calculated as follows: 40EP / 10 000m2 = Light Industry 4902m2 site area Existing credit of 4EP for sewered allotment 40 EP / 10 000m2 x 4902m2 = 19.6 EP – 4 EP = 15.6 EP 15.6 EP x $1361 = $21 231.60

You are advised the contribution rate is subject to periodic review. Timing: Prior to commencement of use. Insert the following Advice and attach Infrastructure Charges Notice No.245: 1. INFRASTRUCTURE CHARGES


Infrastructure contributions policies under the relevant Planning Scheme have been repealed and are no longer applicable and therefore monetary contribution conditions are no longer included within the Decision Notice. Infrastructure Charges are now levied under an Adopted Infrastructure Charges Resolution by way of an Infrastructure Charges Notice. An Infrastructure Charges Notice with reference number 245 for the payment of $273,603.44 is attached to this Decision Notice.”

2014 / 12 / 10 / 012 Carried (8-0) Attendance Team Leader Ranger Services K. Jarrett attended the meeting at 2.48pm Principal Planner Strategic Planning A. Aylward attended the meeting at 2.48pm Delegated Approvals Resolution: Cr Godwin-Smith moved and seconded by Cr Nixon “That the following delegated approvals (three) be received”.

Former Shire of Emerald 2.1 4045/14 – Dale and Leanne Caban C/- Murray & Associates (Qld) Pty Ltd – 52 Edgewood Drive,

Emerald – Reconfiguration of Lot – One (1) Lot into Two (2) Lots and Access Easement Former Shire of Bauhinia 2.2 4042/14 – Michael Paul Bugeja C/- Murray & Associates (Qld) Pty Ltd – 30 Gap Road, Springsure –

Reconfiguration of Lot – One (1) Lot into Two (2) Lots Former Shire of Peak Downs 2.3 4189/12 – SCN Pty Ltd C/- Civil and Property Development Consulting – 125 and 127 Peak Downs

Street, Capella – Reconfiguration of Lot – Two (2) Lots into Four (4) Lots - Request to Change and Existing Approval to Stage Development

2014 / 12 / 10 / 013 Carried (8-0) Attendance Town Planners M. Lehman and J. Webster left the meeting at 2.50pm Draft Area Pest Management Plan 2014-2016

Executive summary: This report resubmits the draft Area Pest Management Plan 2014-2016 (the Plan) for Council consideration. The Plan was submitted for Council consideration in 2012, however due to the proposed legislative changes to the Land Protection (Pest and Stock Route Management) Act 2002, further work on the Plan has been on hold. The proposed changes to the current legislation included the separation of pest management and stock route management into new biosecurity legislation to cover pest management and new stock route legislation to cover stock route network management. Resolution: Cr Godwin-Smith moved and seconded by Cr Brimblecombe “That Central Highlands Regional Council adopt in principle the draft Area Pest Management Plan 2014 – 2016 as presented.” 2014 / 12 / 10 / 014 Carried (7-1)


Attendance Team Leader Ranger Services K. Jarrett left the meeting at 2.53pm Public Notification Central Highlands Regional Council Planning Scheme

Executive summary: The purpose of this report is to seek Council’s endorsement for the commencement of the Public Notification period of the proposed Central Highlands Regional Council Planning Scheme. Resolution: Cr Nixon moved and seconded by Cr Sypher “That Central Highlands Regional Council in accordance with Stage 3 (Public Consultation), Step 7 of the statutory guideline ‘Making and Amending Local Planning Instruments’ 02/14, proceed to commence public notification phase of the draft Central Highlands Regional Council Planning Scheme.” 2014 / 12 / 10 / 015 Carried (8-0) Development Incentive (Infrastructure Charges Increment Subsidy) Policy

Executive summary: The purpose of this report is to seek Council’s support of a new Policy to assist those undertaking development in the legacy Planning Scheme areas of Bauhinia, Duaringa (excluding Blackwater) and Peak Downs by providing a temporary infrastructure charges subsidy for a period of twelve (12) months to give the development sector a period to adjust to the new infrastructure charging regime introduced with Charges Resolution Number Eight. Resolution: Cr Pickersgill moved and seconded by Cr Cracknell “That Central Highlands Regional Council defer its decision on this matter for further consideration at its meeting on 21 January 2015.” 2014 / 12 / 10 / 016 Carried (8-0) Attendance General Manager Organisational Support Services M. Lyons left the meeting at 3.15pm Cr Maundrell left the meeting at 3.18pm Cr Maundrell returned to the meeting at 3.22pm General Manager Organisational Support Services M. Lyons returned to the meeting at 3.25pm Adoption of Charges Resolution Number Seven and Charges Resolution Number Eight

Executive summary: The purpose of this report is to seek Council’s support for the adoption of Charges Resolution numbers Seven and Eight that comply with the current provisions of the Sustainable Planning Act 2009. This report explains recent changes to the legislative framework and sets out the principles upon which the charge rates in the Charges Resolution were determined. Resolution: Cr Brimblecombe moved and seconded by Cr Sypher “That Central Highlands Regional Council: 1. In accordance with Section 630 (1) of the Sustainable Planning Act 2009 resolves to adopt Charges

Resolution number Seven to have force and effect over the same area as the Planning Scheme (Amendment no. 3) for Emerald Shire (2013), commencing at midnight on 1 March 2015. Charges Resolution number Seven shall supersede Adopted Infrastructure Charges Resolution number Six, which is to cease to have force and effect at midnight on 1 March 2015.


2. That Central Highlands Regional Council in accordance with Section 979 (6) of the Sustainable Planning Act 2009 resolves to adopt Charges Resolution number Eight to have force and effect over the same area of the Planning Scheme for Bauhinia Shire (Amendment no.1) (2011), Planning Scheme for Duaringa Shire (Amendment no.1) (2011), and Planning Scheme for Peak Downs Shire (Amendment no.1) (2011), commencing from midnight on 1 March 2015 and will supersede Adopted Infrastructure Charges Resolution numbers one, two and three that shall cease to have force and effect from midnight 1 March 2015.

3. Authorise the Chief Executive Officer to finalise administrative matters relating to the finalisation and

the adoption of Charges Resolution number Seven and Charges Resolution number Eight.”

2014 / 12 / 10 / 017 Carried (8-0) Attendance Principal Planner Strategic A. Aylward left the meeting at 3.32pm General Manager Commercial Services attended the meeting at 3.38pm

CORPORATE COMMUNICATIONS AND STRATEGY SECTION 2015 Councillor Community Consultations Executive Summary Council conducts an annual program of engagement with the communities of the region through Councillor Community Consultations. This report recommends community consultation dates and locations for 2015. Resolution: Cr Cracknell moved and seconded by Cr Pickersgill “That the following community consultation dates and locations as amended be approved for 2015; and that a further report of Councillor Engagement Strategy be brought back to the meeting in January 2015.

Location Dates

Bauhinia and Coominglah Wednesday 18 February 2015

Arcadia Valley and Carnarvon Gorge Tuesday 17 and Wednesday 18 March 2015

Buckland and Lochington Wednesday 20 May 2015

2014 / 12 / 10 / 018 Carried 8-0) Attendance General Manager Community and Development Services B. Duke left the meeting at 3.46pm

GOVERNANCE, PERFORMANCE AND RISKS’ SECTION Delegation of Powers – Council to Chief Executive Officer

Executive summary: Recent updates and changes to legislation required the existing delegation of powers from Council to CEO (Chief Executive Officer) to be updated. The Council to CEO delegations register now reflects these legislative changes and is presented to Council for resolution.


Resolution: Cr Sypher moved and seconded by Cr Pickersgill “That under the powers of Section 257 of the Local Government Act 2009, Council delegate to the Chief Executive Officer, the exercise of its powers under the legislation contained in Appendix 1 herein. TABLE OF LEGISLATION UPDATED Animal Management (Cats and Dogs) Act 2008

Building Act 1975 Environmental Protection Act 1994 Environmental Protection Regulation 2008 Fire and Rescue Service Act 1990 Heavy Vehicle (Mass, Dimension and Loading) National Regulation

Heavy Vehicle National Law (Qld) Heavy Vehicle National Law Regulation 2014 Land Valuation Act 2010 Liquor Act 1992 Local Government Regulation 2012 Nature Conservation Act 1992 Nature Conservation (Administration) Regulation 2006 Nature Conservation (Wildlife Management) Regulation 2006 Queensland Reconstruction Authority Act 2011 Residential Services (Accreditation) Act 2002 Right to Information Act 2009 Standard Plumbing and Drainage Regulation 2003 Statutory Bodies Financial Arrangements Act 1982 Sustainable Planning Act 2009 Waste Reduction and Recycling Act 2011 Waste Reduction and Recycling Regulation 2011 Water Act 2000 TABLE DETAILING SECTIONS UPDATED UNDER THE LEGISLATION LISTED ABOVE: Animal Management (Cats and Dogs) Act 2008

Section 95 Animal Management (Cats and Dogs) Act 2008

Power to give an owner of the dog the subject of a regulated dog declaration, a notice about the decision under subsection (3) or (4)

Building Act 1975 Section 221(2)

Building Act 1975

Power to consult with any other entity considered appropriate in deciding an application made by the owner of a budget accommodation building to approve a period for the building under section 220(a)(ii) or (b)(ii) (longer periods for approval).

Section 221(3)

Building Act 1975

Power to grant (including with reasonable conditions) or refuse an application made by the owner of a budget accommodation building to approve a period for the building under section 220(a)(ii) or (b)(ii) (longer periods for approval).

Section 222(2) Building Act 1975

Power to, on written application from the owner, decide whether or not a building conforms with fire safety standards and, if applicable, state what must be done to make the building conform.

Section 228 Building Act 1975

Power to inspect budget accommodation buildings at least once every 3 years.


Section 231AK(a)(iii) and (b)(iii) and section 231AL Building Act 1975

Power, as local government, to approve, with or without conditions, a later day for a residential care building to comply with section 231AK of the Building Act.

Section 231AL Building Act 1975

Power, as local government, on an application by the owner of an RCB for a later day to obtain a fire safety compliance certificate or certificate of classification to:

(a) consult on the application;

(b) decide the application;

(c) impose conditions on the grant of an application;

(d) give an information notice about the decision.


Power to, on application by a pool owner, decide an application for exemption from complying with part of the pool safety standard relating to barriers for a regulated pool due to disability (with or without conditions).


Power to give an applicant a show cause notice.


Power to consider any representations made under the show cause notice and give a further notice (a revocation notice) to the applicant, revoking the decision previously given.

Section 245A Building Act 1975

Power to, on application by a pool owner for exemption from complying with part of the pool safety standard relating to barriers for the regulated pool due to compliance being impracticable, require further information to establish that compliance with the part of the pool safety standard is not practicable.

Section 245B Building Act 1975

Power to, on application by a pool owner, decide an application for exemption from complying with part of the pool safety standard relating to barriers for the regulated pool due to compliance being impracticable (with or without conditions).

Section 245C(1) Building Act 1975

Power to give written notice of the grant of an exemption.

Section 245C(2) Building Act 1975

Power to give an information notice.

Section 245E(2) Building Act 1975

Power to give the owner of the regulated pool a show cause notice.

Section 245E(3) Building Act 1975

Power to consider any representations made under the show cause notice and give a further notice (a revocation notice) to the owner, revoking the decision previously given.

Section 245F Building Act 1975

Power to give the Chief Executive the notices required by sections 245F(1) and 245F(2).


Section 245FA(2) Building Act 1975

Power to make copy of exemption available for inspection and purchase as if it were a document that chapter 9, part 6 of SPA must be available for inspection and purchase.

Section 245XB Building Act 1975

Power, as owner of adjoining land, to agree with the pool owner as to the construction of a pool barrier along the common boundary.

Section 245XD Building Act 1975

Power, as owner of adjoining land, to agree with the pool owner as to the alteration or replacement of a dividing fence that is used, or proposed to be used, as a pool barrier along the common boundary.

Section 245XF(2) and (3) Building Act 1975

Power, as owner of adjoining land where a pool barrier is constructed along the common boundary for a pool on the other land, to:

• alter or replace the part of the pool barrier with the agreement of the pool owner; or

• attach a thing on the part of the pool barrier that does not unreasonably or materially alter or damage the barrier.

Section 245XG(1) Building Act 1975

Power, as owner of adjoining land, to grant access to Council’s land to the owner of the other land to carry out fencing work.

Section 245XN(2) Building Act 1975

Power, as owner of adjoining land, where Council has carried out urgent fencing work under section 245XK of the Building Act and the owner of the other land is responsible for some or all of the costs of carrying out the fencing work under section 245XH of the Building Act, to require the owner of the other land to contribute a share for any reasonable cost incurred for the fencing work.

Section 245XS(1) Building Act 1975

Power, as owner of adjoining land, to apply to QCAT, in the absence of the owner of the other land, for authorisation to carry out fencing work, including apportionment of the contributions for the work.


Power, as owner of adjoining land, where an order has been made under section 245XS(1) of the Building Act and the owner of the other land has since been located, to give a copy of the order to the owner of the other land and recover the contribution as stated in the order.

Section 245XV(2) Building Act 1975

Power, as owner of adjoining land, where the owner of the other land has carried out fencing work for a dividing fence forming part of a pool barrier without authorisation, to apply to QCAT for an order requiring the owner to rectify the dividing fence.

Section 246ADA(2) Building Act 1975

Power to inspect a regulated pool for compliance when a pool safety complaint notice, or section 245I or 245UA notice is received.


Section 246ADA(5) Building Act 1975

Power to take necessary enforcement action to ensure the pool complies with the pool safety standard or fencing standards for the pool.

Section 246AF Building Act 1975

Power to cancel pool safety certificate for a regulated pool.

Section 246AG(1) Building Act 1975

Power to give a show cause notice before cancelling a pool safety certificate.

Section 246AG(5) Building Act 1975

Power to consider submissions and decide whether to cancel a pool safety certificate.


Power, as owner of adjoining land, where an order has been made under section 245XS(1) of the Building Act and the owner of the other land has since been located, to give a copy of the order to the owner of the other land and recover the contribution as stated in the order.

Section 246X Building Act 1975

Power to, by gazette notice, designate land as a transport noise corridor.


Power to give a notice (‘enforcement notice’) to the owner of a building, structure or building work.


Power to give an enforcement notice to a person who does not comply with a particular matter in the Building Act 1975.


Power to give a person a show cause notice.

Section 256(2)(e) Building Act 1975

Power, as local government, to make a complaint for an offence against section 245K, 245L or 246AR(2) of the Building Act 1975.

Section 256(2)(h) Building Act 1975

Power, as local government, to make a complaint for an offence against chapter 8, part 4, division 5, subdivision 2, other than section 246ATH(2) of the Building Act 1975.

Section 256(2)(k) Building Act 1975

Power, as local government, to make a complaint for an offence in the Building Act 1975


Power to extend the time for an owner of a swimming pool to comply with section 235 (where an extension under section 49H(11)(b) of the Local Government Act 1936 is still in force.

Environmental Protection Act 1994

Sections 42 and 43 Environmental Protection Act 1994

Power, as an affected person, to make written comments to the chief executive about a TOR notice.

Section 54 Environmental Protection Act 1994

Power to make a written submission about a submitted EIS.

Environmental Protection Regulation 2008

Section 81I Environmental Protection Regulation 2008

Power, as a generator, to give the transporter the prescribed information about the waste in the prescribed form and to record the prescribed information about the waste.

Section 81J(2) Environmental

Power, as a transporter, to give the receiver the prescribed information about the waste in the


Protection Regulation 2008

prescribed form and to record the prescribed information about the waste.

Section 81J(3) Environmental Protection Regulation 2008

Power, as a transporter, to give the administering authority notice of a discrepancy in information received from the generator.

Section 81K(1) Environmental Protection Regulation 2008

Power, as a receiver, to record the prescribed information about the waste.


Power, as a receiver, to give a copy of the prescribed information about the waste to the administering authority.


Power, as a receiver, to give the administering authority notice of a discrepancy in information received from the transporter.

Section 81O(1) Environmental Protection Regulation 2008

Power, as a receiver, to record the prescribed information about the waste.


Power, as a receiver, to give a copy of the prescribed information about the waste to the administering authority.


Power, as a receiver, to give the administering authority notice of a discrepancy in information received from the transporter.

Section 81R(1) Environmental Protection Regulation 2008

Power, as a generator, to give the transporter the prescribed information about the waste and to record the prescribed information about the waste.

Section 81R(2) Environmental Protection Regulation 2008

Power, as a generator, to give the prescribed information about the waste to the administering authority.

Section 81S(2) Environmental Protection Regulation 2008

Power, as a transporter, to give the administering authority notice of a discrepancy in information received from the generator.

Section 81W Environmental Protection Regulation 2008

Power to apply to the administering executive for approval of a particular way of giving prescribed information to the administering authority under division 3 and to take all steps necessary to advance the application.

Section 81ZF(1)(b) Environmental Protection

Power to require an owner or occupier of relevant premises to supply waste containers other than standard general waste containers. ##Please note this section applies only until


Regulation 2008 Council passes a local law which states it replaces Chapter 5A of the Regulation or 1 September 2016 (whichever is the earlier)##

Section 81ZF(2) Environmental Protection Regulation 2008

Power to supply premises with standard general waste containers. ##Please note this section applies only until Council passes a local law which states it replaces Chapter 5A of the Regulation or 1 September 2016 (whichever is the earlier)##

Section 81ZH(1)(a) Environmental Protection Regulation 2008

Power to require a waste container to be kept at a particular place at a premises. ##Please note this section applies only until Council passes a local law which states it replaces Chapter 5A of the Regulation or 1 September 2016 (whichever is the earlier)##

Section 81ZI(2) Environmental Protection Regulation 2008

Power to require a prescribed person of serviced premises, other than a detached dwelling, to supply:

(a) an elevated stand; or

(b) an imperviously paved and drained area for the waste containers, and

(c) a hose cock and hose in the vicinity of the stand or paved area; and

(d) a suitable enclosure for the waste containers.

##Please note this section applies only until Council passes a local law which states it replaces Chapter 5A of the Regulation or 1 September 2016 (whichever is the earlier)##

Section 81ZJ Environmental Protection Regulation 2008

Power to give a written notice about the removal of general waste.


Section 81ZK Environmental Protection Regulation 2008

Power to give written approval to the owner or occupier of relevant premises for depositing and disposing of general waste and to impose conditions on the approval.


Section 81ZL Environmental Protection Regulation 2008

Power to require the occupier of relevant premises where there is industrial waste to:

(a) supply industrial waste containers;

(b) keep the waste containers in a specified location; and

(c) keep the waste containers clean and in good repair.



Section 81ZM Environmental Protection Regulation 2008

Power to require occupier of relevant premises, where there is industrial waste, to treat the waste to the standard required by Council for disposal of the waste at a waste facility.


Section 135


Power, as an administering authority, to recover as a debt from the holder of an environmental authority any shortfall in the annual fee which results from a major amendment to the environmental authority.

Section 136


Power, as an administering authority, to refund the holder of an environmental authority any overpayment of the annual fee which results from a major amendment to the environmental authority.

Fire and Rescue Service Act 1990

Section 69

Fire and Emergency Service Act 1990

Power to comply with a requisition notice.

Section 96


Power, as the occupier of a premises in or on which any dangerous goods are stored or to be stored, to provide information sought by the commissioner in a notice.

Sections 97, 99 and 100


Power, as the occupier of a premises in or on which any dangerous goods are stored or to be stored, to prepare an off-site emergency plan and to amend the plan.

Section 98(2)


Power to pay to the commissioner charges for any advice or other assistance provided in preparation of an off-site emergency plan.

Section 101


Power to implement an off-site emergency plan.

Section 102(1)


Power to give written notice to the chief executive of a change of circumstances affecting an off-site emergency plan.

Section 104E


Power, as the occupier of a building, to maintain a fire and evacuation plan and to provide instructions to prescribed persons in the building concerning the action to be taken by them in the event of fire threatening the building.

Section 104F(2)


Power to pay to the commissioner charges for any advice or other assistance provided in preparation of a fire and evacuation plan.

Section 104G(3)


Power, as the occupier or owner of a building, to comply with a notice issued by the commissioner under section 104G(1).


Section 111(2) Fire and Emergency Service Act 1990

Power to collect annual contributions and other amounts imposed by the local government pursuant to Part 10 of the Fire and Emergency Service Act.

Section 112(2)


Power to give the owner of a prescribed property a levy notice.

Section 117(3) Fire and Emergency Service Act 1990

Power to decide the way in which it keeps an administration fee for performing functions under Part 10 of the Fire and Emergency Service Act.

Section 128A


Power to make and levy special rates or charges or separate rates or charges and to contribute amounts raised to rural fire brigades operating in Council’s local government area.

Section 133(2)


Power to consult with the commissioner about the establishment of an SES unit in Council’s local government area.

Section 134(2)


Power to nominate a person to be the local controller for an SES unit.

Section 136(3)


Power as a local government affected by a disaster to request the commissioner to appoint a person as a SES coordinator.

Section 136(4)


Power to consult with the commissioner about the appointment of a person as a SES coordinator.

Section 140


Power to enter an agreement with the Department which sets out the responsibilities of each party in relation to the SES in Council’s local government area.

Section 141(2)


Power to consult with the commissioner about the establishment of an ES unit in Council’s local government area.

Section 142(3)


Power to consult with the commissioner about the functions of an ES unit in Council’s local government area.

Section 146(2)


Power to nominate a person to be a ES unit coordinator.

Section 152C(4)


Power to produce to an authorised person any document or record mentioned in subsection (2)(b).

Heavy Vehicle (Mass, Dimension and Loading) National Regulation

Sections 13(1)(b) and 14 Heavy Vehicle (Mass,

Power, as a road manager, to consent to the making of an HML declaration.


Dimension and Loading) National Regulation

Section 14(3) Heavy Vehicle (Mass, Dimension and Loading) National Regulation

Power, as a road manager, to consent to the making of an HML declaration subject to conditions.


Power, as a road manager for a HML declaration, to request the regulator to amend or cancel the declaration.

Sections 22(1)(b) and 23 Heavy Vehicle (Mass, Dimension and Loading) National Regulation

Power, as a road manager, to consent to the granting of an HML permit.

Section 24(1)(a) Heavy Vehicle (Mass, Dimension and Loading) National Regulation

Power, as a road manager, to consent to the granting of an HML permit subject to conditions.


Power, as a road manager, to consent to amendment of an HML.


Power, as a road manager for a HML permit, to request the regulator to amend or cancel the permit.


Power, as a road manager, to consent to a declaration of the regulator pursuant to section 40.

Heavy Vehicle National Law (Qld)

Section 156(1) Heavy Vehicle National Law (Qld)

Power, as a road manager, to consent to the grant of a mass or dimension authority.


Power, as a road manager, to ask the regulator for a longer period of time under section 156(1)(b).


Power, as a road manager, to give the regulator a written statement that explains the road manager’s decision and complies with section 172.

Section 159(2) Heavy Vehicle

Power, as a road manager, to notify the regulator:-

(a) that a route assessment is required for the road


National Law (Qld) manager deciding whether to give or not to give the consent;

(b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.

Sections 160(1), 161(1) and 162(1) Heavy Vehicle National Law (Qld)

Power, as a road manager, to grant a mass or dimension authority subject to conditions.

Sections 160(2), 161(2) and 162(2) Heavy Vehicle National Law (Qld)

Power, as a road manager for a mass or dimension authority, to give the regulator a written statement that explains the road manager’s decision and complies with section 172.

Section 167(2)(b) Heavy Vehicle National Law (Qld)

Power, as a road manager for a mass or dimension authority, to give the regulator a notice objecting to the application of section 167 to the proposed replacement authority.

Section 167(2)(b) Heavy Vehicle National Law (Qld)

Power, as a road manager for a mass or dimension authority, to give the regulator a notice objecting to the application of section 167 to the proposed replacement authority.

Section 167(2)(b)(ii) Heavy Vehicle National Law (Qld)

Power, as a road manager for a mass or dimension authority, to seek an extension of time to give a notice under section 167(2)(b).


Power, as a road manager for a mass or dimension authority, to give consent to the grant of a mass or dimension authority for a trial period of no more than 3 months.


Power, as a road manager for a mass or dimension authority, to object to the renewal of the authority for a further trial period.


Power, as a road manager for a mass or dimension authority granted by Commonwealth gazette notice, to request the regulator to amend or cancel the authority.


Power, as a road manager for a mass or dimension authority granted by permit, to request the regulator to amend or cancel the authority.


Power, as a road manager, to apply to the Court for a compensation order.

Section 612(2)(c) Heavy Vehicle National Law (Qld)

Power, as a public authority, to sign a certificate.


Power, as a road manager, to agree to a longer prescribed period for a review of a reviewable decision.

Heavy Vehicle National Law

Section 4(2) Heavy Vehicle National

Power, as a road manager, to set the fee payable for a route assessment.


Regulation 2014 Law Regulation 2014

Land Valuation Act 2010

Section 74 Land Valuation Act 2010

Power to consult with the valuer-general about a proposed decision not to make an annual valuation of land.

Liquor Act 1992 Section 117A Liquor Act 1992

Power to comment about an application relating to a restricted area.

Local Government Regulation 2012

Section 14(2) Local Government Regulation 2012

Power to decide the amount of a fee for a request of an extract or certified copy of a local law from the local government’s register of local laws.

Section 58 Local Government Regulation 2012

Power in relation to a mall to do any of the following:

(a) anything necessary or desirable for developing, managing, maintaining (including cleaning), promoting or using a mall;

(b) permit the use of any part of the mall on conditions it considers appropriate;

(c) anything incidental to its powers mentioned in (a) or (b).

Section 194 Local Government Regulation 2012

Power to give a grant to a community organisation in the public interest and consistent with the local government’s community grants policy.

Section 225(1) Local Government Regulation 2012

Power to invite written quotes for a medium-sized contractual arrangement.

Section 225(3) and (4) Local Government Regulation 2012

Power to decide to accept a quote or to decide not to accept any of the quotes it receives for a medium-sized contractual arrangement.

Nature Conservation Act 1992

Section 44(4) Nature Conservation Act 1992

Power, as a landholder, to make a submission to the Minister about the proposed declaration of a nature refuge.

Sections 45(1) and 48(1) Nature Conservation Act 1992

Power, as a landholder, to enter a conservation agreement with the Minister about the declaration of a nature refuge.


Power, as a landholder, to request the cancellation of a conservation agreement.

Section 49(2)(c) Nature Conservation Act 1992

Power, as a landholder, to make an objection to a proposed compulsory declaration of a nature refuge.


Power, as a landholder, to claim compensation for injurious affection arising out of the declaration of a nature refuge under section 49 of the Act.

Section 108(1) Power, as a landholder of land subject to an


Nature Conservation Act 1992

interim conservation order, to claim compensation.

Section 115A(3)(c) Nature Conservation Act 1992

Power, as a landholder, to make a submission about a draft management plan.

Section 137A(5) Nature Conservation Act 1992

Power, as a landholder, to claim compensation for injurious affection arising where:-

(a) a regulation is made, or a conservation plan is approved, for an area identified under the regulation or plan as, or including, a critical habitat or an area of major interest; and

(b) a landholder’s interest in land in the area is injuriously affected by a restriction or prohibition imposed under the regulation or plan on the landholder’s existing use of the land.

Nature Conservation (Administration) Regulation 2006

Sections 23, 24, 26, 27, 27A, 28 Nature Conservation (Administration) Regulation 2006

Power to apply for the grant of a relevant authority and to do all things necessary to process the application to obtain a decision.

Section 47 Nature Conservation (Administration) Regulation 2006

Power to apply for the amendment of a relevant authority.


Power to make representations in response to a notice issued by the Chief Executive pursuant to this section.


Power to make representations in response to a notice issued by the Chief Executive pursuant to this section.

Sections 55(2), 56(2) and 57 Nature Conservation (Administration) Regulation 2006

Power to return a relevant authority to the chief executive.


Power to apply to the Chief Executive for replacement of a damaged, destroyed, lost or stolen relevant authority.


Power to surrender a relevant authority to the Chief Executive.

Sections 100 and 102 Nature Conservation (Administration) Regulation 2006

Power to apply for internal review of a reviewable decision and to do all things necessary to process the application to obtain a decision..



Power, as a person who is given, or is entitled to be given, a notice under section 101(2) about a decision, to apply to QCAT for external review of the decision.


Power to give a return of operations to the chief executive..


Power to keep a copy of a return of operations given to the chief executive..


Power to give the chief executive a notice stating a return of operations has been stolen, lost, destroyed or damaged.

Nature Conservation (Wildlife Management) Regulation 2006

Section 41A Nature Conservation (Wildlife Management) Regulation 2006

Power, as a local government, to:-

(a) destroy a flying-fox roost; (b) drive away, or attempt to drive away, a

flying-fox from a flying-fox roost; or (c) disturb a flying fox in a flying-fox roost.,

in an urban flying-fox management area.

Section 188 Nature Conservation (Wildlife Management) Regulation 2006

Power, as the holder of a damage mitigation permit, to give a return of operations for the permit to the chief executive.

Section 188G Nature Conservation (Wildlife Management) Regulation 2006

Power, as the holder of a flying-fox roost management permit, to give a return of operations for the permit to the chief executive.

Section 379(2) Nature Conservation (Wildlife Management) Regulation 2006

Power, as a local government, to give the Chief Executive information about:-

(a) an area zoned for use for residential or commercial purposes under the local government’s planning scheme; and

(b) ask the chief executive to amend the urban flying-fox management area map to include the area.

Section 383(2)(a) Nature Conservation (Wildlife Management) Regulation 2006

Power, as a local government, to respond to a request from the Chief Executive pursuant to this section.

Queensland Reconstruction Authority Act 2011

Section 42(5) Queensland Reconstruction Authority Act 2011

Power to request the Minister to declare a project for proposed development to be a declared project.

Section 43(7) Queensland

Power to agree about the declaration of acquisition land.


Reconstruction Authority Act 2011


Power to request the Minister to declare a part of the State to be a reconstruction area and/or acquisition land.


Power to give the authority a written recommendation to impose a condition for infrastructure to which the Sustainable Planning Act, chapter 8, part 1, applies.


Power to request the Minister to direct the local government to take particular action about a local planning instrument.


Power to make submissions to the Minister about a proposal to direct the local government to take particular action about a local planning instrument.

Residential Services (Accreditation) Act 2002

Section 29(1) and (3) Residential Services (Accreditation) Act 2002

Power, on application by a person conducting, or proposing to conduct, a residential service in premises, to assess and determine whether a building complies with the prescribed building requirements.

Section 29(1) and Schedule 2 Residential Services (Accreditation) Act 2002

Power, where a building complies with the prescribed building requirements, to issue a building compliance notice.

Section 29(2)(a) Residential Services (Accreditation) Act 2002

Power to approve the form to be used for an application under section 29(1) Residential Services (Accreditation) Act 2002.

Section 189(3)(a) Residential Services (Accreditation) Act 2002

Power to issue a notice stating the extent to which the premises comply with the prescribed building requirements.

Right to Information Act 2009

Section 78A Right to Information Act 2009

Power to—

(a) include a copy of a document, or details identifying the document and information about how the document may be accessed, in a disclosure log if that document that does not contain personal information of the applicant and is accessed by the applicant within the access period; or

(b) include details identifying the document and information about how the document may be accessed and any applicable charge if the applicant has failed to access the document within the access period.


Standard Plumbing and Drainage Regulation 2003

Section 29B(2) Standard Plumbing and Drainage Regulation 2003

Power to give a rectification notice and an information notice

Statutory Bodies Financial Arrangements Act 1982

Section 31(1) Statutory Bodies Financial Arrangements Act 1982

Power, as a statutory body, to operate a deposit and withdrawal account with a financial institution.


Power, as a statutory body, to seek the approval of the Treasurer to operate a deposit and withdrawal account with an overdraft facility.


Power, as a statutory body, to borrow money and to seek the treasurer’s approval for the borrowing.


Power, as a statutory body, to,

(a) create an encumbrance; and

(b) otherwise transfer property, or assign income, by way of security,

and to seek the treasurer’s approval for same.

Sections 42 and 44 Statutory Bodies Financial Arrangements Act 1982

Power, as a statutory body, to exercise category 1 investment powers.



Section 46 Statutory Bodies Financial Arrangements Act 1982



Power, as a statutory body, to keep records that show Council has invested in the way most appropriate in all the circumstances.


Power, as a statutory body, to:-

(a) obtain the Treasurer’s approval for continuing with an investment arrangement referred to in section 52(1); or

(b) liquidate an investment arrangement

referred to in section 52(1).



Power, as a statutory body, to enter a derivative transaction.

Section 53(1)(b)Statutory Bodies Financial Arrangements Act 1982

Power, as a statutory body, to appoint a person as an agent for Part 7, Division 1 and obtain the treasurer’s approval for the appointment.


Power, as a statutory body, to obtain the treasurer’s approval for the entering of a derivative transaction.


Power, as a statutory body, to give the treasurer a report about a derivative transaction and give a copy of the report to the Minister that administers the Local Government Act 2009.


Power, as a statutory body, to appoint a person as a funds manager and obtain the treasurer’s approval for the appointment.

Section 60A Statutory Bodies Financial Arrangements Act 1982

Power, as a statutory body, to enter a type 1 financial arrangement and obtain the treasurer’s approval for the arrangement.

Section 61A Statutory Bodies Financial Arrangements Act 1982

Power, as a statutory body to which section 61 applies, to enter a type 2 financial arrangement and obtain the treasurer’s approval for the arrangement.


Power, as a statutory body, to sign documents for a financial arrangement under the Act.


Power, as a statutory body, to obtain the treasurer’s approval before signing for a financial arrangement that:-

(a) creates an encumbrance; or (b) otherwise transfers Council’s property, or

assigns Council’s income, by way of security.


Power, as a statutory body, to apply to the treasurer for approval of the exercise of a power under the Act.

Section 72 Statutory Bodies Financial Arrangements Act

Power, as a statutory body, to respond to a request from the Treasurer for a document or information the Treasurer considers necessary for considering Council’s application under section 71


1982 of the Act.


Power, as a statutory body, to keep a register of the Treasurer’s approvals under Part 9, Division 3 of the Act for Council’s exercise of a power.

Sustainable Planning Act 2009

Section 39 Sustainable Planning Act 2009

Power, as a local government, to amend a planning scheme to reflect a designated region’s regional plan.

Section 41(5)(c) Sustainable Planning Act 2009

Power, as a local government, to consult with the Minister about the establishment of a regional planning committee.

Section 98(2) and (4) Sustainable Planning Act 2009

Power, as a local government, to decide for extension of time made under section 98(2), and give written notice of that decision

Sections 405, 407 and 408 Sustainable Planning Act 2009

Power, as a compliance assessor, to decide a request, give an action notice, give a compliance permit with conditions (if any) and give a compliance certificate with conditions (if any).

Section 413 Sustainable

Planning Act 2009

Power, as a compliance assessor, to decide a request to change a compliance permit or compliance certificate.


Power, a participating local government for a distributor-retailer, to agree with a distributor-retailer about the breakup of adopted charges1

Section 643(1) Sustainable Planning Act 2009

Power, as a local government, to consider submissions made on an infrastructure charges notice and, if the submissions are agreed, issue a new infrastructure charges notice.


Power, as a local government with a LGIP that identifies adequate trunk infrastructure to service the subject premises, to impose a condition on a development approval requiring either or both of the following to be provided at a stated time:

a) the identified infrastructure; and/or

b) different trunk infrastructure delivering the same desired standard of service.


Power, as a local government with a LGIP that does not identify adequate trunk infrastructure to service the subject premises, to impose a condition on a development approval requiring development infrastructure necessary to service the premises to be provided at a stated time.


Power, as a local government, to agree with an applicant about the payment time for an additional payment condition imposed under section 650(1).


Power, as a local government that has received a conversion application, to give a notice to the applicant requiring the applicant to give information reasonably needed to decide the conversion application.

Section 664(2) Sustainable

Power, as a local government within 20 business days of deciding, on a conversion application, to


Planning Act 2009 convert non-trunk infrastructure to trunk infrastructure, to amend the development approval by imposing a necessary infrastructure condition for the trunk infrastructure.


Power, as a local government, to agree with an applicant that a levied charge, for the purpose of its recovery, is not taken to be rates.

Power, as a local government, to impose a condition on a development approval about non-trunk infrastructure.


Power, as a public sector entity, to enter an agreement about:

a) providing or funding infrastructure; or

b) refunding payments made towards the cost of providing or funding infrastructure.


Power, as a local government, to sell land it holds on trust in fee simple for public parks infrastructure or local community facilities.


Power, as a local government where trunk infrastructure is not identified because paragraphs (a), (b) and (c) of the definition of trunk infrastructure in section 627 do not apply, to impose a condition on a development approval for the supply of development infrastructure for a purpose mentioned in section 665(2).

Section 755F Sustainable Planning Act 2009

Power, as an assessment manager for a development application (distributor-retailer), to give a copy of the decision notice, negotiated decision notice and a deemed approval notice to the distributor-retailer.

Section 755H(2) Sustainable Planning Act 2009

Power, as a local government, to receive, from Council’s nominated entity, requests for compliance assessment of the development described in section 755H(1), document or work made on or after 1 July 2011 but before 28 February 2014.

Section 755H(4) Sustainable Planning Act 2009

Power, as a local government, to receive, from the distributor-retailer, comments about the assessment of the development that the distributor-retailer has undertaken under section 755H(3).

Section 755I Sustainable Planning Act 2009

Power, as a participating local government for a distributor-retailer, to give a copy of a compliance permit or compliance certificate given by Council or received by Council under section 408(4) to the distributor-retailer.

Section 755J Sustainable Planning Act 2009

Power, as a local government, to impose under section 626, conditions in relation to non-trunk infrastructure for a distributor-retailer’s water service or wastewater service.

Section 755Q(1) Power, as a local government, to require, under


Sustainable Planning Act 2009

section 649(2), different trunk infrastructure for a distributor-retailer’s water service or wastewater service.

Section 755Q(2) Sustainable Planning Act 2009

Power, as a local government, to impose, under section 649(3), a condition about trunk infrastructure for a distributor-retailer’s water service or wastewater service.

Section 755R Sustainable Planning Act 2009

Power, as a local government, to impose, under section 650(1), a condition about additional trunk infrastructure costs for a distributor-retailer’s water service or wastewater service.

Section 755U Sustainable Planning Act 2009

Power, as an assessment manger for a development application (distributor-retailer), to give a copy of a notice of appeal under section 482 that Council has received to the distributor-retailer for whom Council is exercising concurrence agency jurisdiction.

Section 755V Sustainable Planning Act 2009

Power, as a local government, to give a copy of a notice of appeal under section 483 about compliance assessment for which a distributor-retailer must, under section 755G or 755H, assess development, a document or work to which the request related, that Council has received to the distributor-retailer.

Section 873(4)(b) Sustainable Planning Act 2009

Power, as a local government, to continue to decide an iconic places development application to which section 873(3) applies and give a decision notice for the application.


Power, as a local government for the application, to appeal to the Planning and Environment Court, as if Council had been a submitter for an iconic places development application to which sections 461 to 464 apply.


Power as a continuing local government to ask the Minister to make a decision under section 957(4).

Section 976A Sustainable Planning Act 2009

Power, as a local government that has started the process for preparing a PIP under section 627 as it was before the SPICOLAA came into effect, to continue to prepare and make the PIP as if the SPICOLAA had not commenced.


Power, as a local government that has given a notice mentioned in section 977(1) in relation to a development approval (e.g. an adopted infrastructure charges notice), to, where a request to change the development approval under section 369 is made, amend the notice.

Waste Reduction and Recycling Act 2011

NOTE: The State (via DERM as it was previously known) has delegated certain powers of the chief


executive to local governments under section 263(1)(b) of the Waste Reduction and Recycling Act 2011 This has been done via:

• the Waste Reduction and Recycling (Local Government – Waste Management) Delegation (No. 1) 2012; and

• the Waste Reduction and Recycling (Authorised Persons) Delegation (No. 1) 2012.

Both delegations specifically include the power to sub-delegate to an “appropriately qualified entity”

Section 43 Waste Reduction and Recycling Act 2011

Power, as the operator of a waste disposal site required to hold an environmental authority for the disposal of more than 10000t of waste in a year at the site to install prescribed under a regulation, to install and keep in proper working order, a weighbridge (Nb. this obligation does not come into operation until the day provided in section 8(2) of the Regulation).


Power, as the operator of a waste disposal site at which a weighbridge is installed, to measure and record waste.


Power, as the operator of a waste disposal site, to prepare a waste data return for each reporting period.

Waste Reduction and Recycling Regulation 2011

Section 7(b) Waste Reduction and Recycling Regulation 2011

Power to decide the frequency of general waste or green waste collection in designated areas.

Section 41ZL Waste Reduction and Recycling Regulation 2011

Power to give the information required by sections 41ZL(1) and 41ZL(2) to the Chief Executive.

Section 41ZM Waste Reduction and Recycling Regulation 2011

Power to prepare an emergency plan and keep it up to date.

Water Act 2000 Section 20C(3)Water Act 2000

Power, as a constructing authority, to take water to construct or maintain infrastructure if the taking of the water is for a purpose stated under a regulation.

Section 96 Water Act 2000

Power to make submissions in response to a notice of the chief executive’s intention to prepare a draft resource operations plan.


Power, as the holder of an interim resource operations licence, a resource operations licence or other authorisation to operate water infrastructure, to provide proposed arrangements for the management of the water.


Power to search and obtain a copy of a water allocation, an instrument in relation to an allocation and information about the allocation.

2014 / 12 / 10 / 019 Carried (9-0)


Attendance Cr Cracknell left the meeting at 3.49pm

GENERAL BUSINESS Indigenous Land Use Agreement (ILUA) – Iman People Qud 6224/1998

Executive summary: On 15 November 2014 the Iman People authorised the local government Indigenous Land Use Agreement (ILUA) at their authorisation meeting. It was agreed with the State that the local government ILUA would be considered at the authorisation meeting after the State ILUA regarding land at both Taroom and Wandoan. Should each Council involved endorse the agreement, the ILUA should be registered by around July 2015. It is highly desirable that the local government ILUA be registered before the determination hearing for the claim. Resolution Cr Brimblecombe moved and seconded by Cr Nixon “Having reviewed a settled Indigenous Land Use Agreement (“ILUA”) between the registered native title claimants for Native Title Determination Application QUD6162/1998 (Iman People) and Local Government, a copy of which was tabled at Council’s ordinary meeting on 10 December 2014, Council authorises the Mayor and Chief Executive Officer to sign the settled ILUA on Council’s behalf. Further that Council authorises it’s Chief Executive Officer to endorse on its behalf any changes made to the ILUA prior to execution on the basis that such changes do not adversely affect Council’s interests.” 2014 / 12 / 10 / 020 Carried (7-0)

Attendance Cr Cracknell returned to the meeting at 3.49pm

Emerald Saleyards – Business Options

Executive summary: The purpose of this report is to provide information to Council to facilitate discussion and decision in respect to the future business options for the Emerald Saleyards. Resolution Cr Nixon moved and seconded by Cr Sypher “That regarding the matter of potential business options for the Emerald Saleyards that Central Highlands Regional Council resolve to continue operate and manage the Emerald Saleyards. Further, that the implications of this decision is that mindfulness regarding operational expense incursions will be maintained coupled with prospective capital expenditure scrutiny, with a view to maintaining an ongoing positive operating result.” 2014 / 12 / 10 / 021 Carried (8-0) Attendance Cr Maundrell left the meeting at 3.50pm


Rating Concession – Kanolu Aboriginal Corporation

Executive summary: The Kanolu Aboriginal Corporation own four properties in Blackwater and currently have outstanding rates. The corporation has entered voluntary administration and the administrators have sold these four properties through auction. The administrators have requested a concession of rates as the combined sale prices still result in a deficit to creditors. In accordance with the Local Government Regulation, Council has the power to offer concessions to certain entities, however there is no material benefit to the broader community by offering this concession in this instance.

Resolution Cr Nixon moved and seconded by Cr Pickersgill “That Central Highlands Regional Council not offer a rating concession to the owners of assessments No: 15289, 16265, 16415 and 16444.” 2014 / 12 / 10 / 022 Carried (7-0) Attendance Cr Maundrell returned to the meeting at 3.51pm Design Consultancy Services of the Proposed new Blackwater Aquatic Centre

Executive summary: This report seeks Council’s consideration of recommendations of the Blackwater Aquatic Centre Project Steering Group in relation to the evaluation process and award of the Design Consultancy Services contract for the proposed new Blackwater Aquatic Centre at Hunter Street, Blackwater. Resolution Cr Cracknell moved and seconded by Cr Brimblecombe “That pursuant to the meeting held with Blackwater Aquatic Centre Project Steering Group on 9 December 2014:

1. Central Highlands Regional Council authorise its Chief Executive Officer to contact the preferred list of tenderers and arrange a formal deputation in the New Year regarding the design consultancy services for the new Blackwater Aquatic Centre; and

2. Further to deputations by the preferred list of tenderers and subsequent meeting of the Blackwater Aquatic Centre Project Steering Group, Central Highlands Regional Council authorise the Chief Executive Officer to award and execute the contract with the successful tenderer for design consultancy services for the new Blackwater Aquatic Centre.”

2014 / 12 / 10 / 023 Carried (8-0) Conflict of Interest Cr Maguire declared a conflict of interest the following airport item (as defined in Section 173 of the Local Government Act 2009) due to his business associations with Queensland and Northern Territory Aerial Service (QANTAS) by leaving the meeting room, taking no part in the debate or decision on the matter. Cr Maguire left the meeting at 3.52pm Cr Nixon assumed the Chair Attendance General Manager Commercial Services M. Webster attended the meeting at 3.53pm


Mr G. Wills from George Bourne and Associates and Manager Projects – Airport D. Clayton attended the meeting at 3.53pm General Manager Community and Development Services B. Duke attended the meeting at 3.53pm Cr Cracknell left the meeting at 3.54pm Cr Cracknell returned to the meeting at 3.57pm General Manager Community and Development Services B. Duke left the meeting at 4.03pm General Manager Community and Development Services B. Duke returned to the meeting at 4.07pm

COMMERCIAL SERVICES’ SECTION Emerald Airport – Construction of Carpark No. Three

Executive summary: In late October 2014 an open invitation to tender for the construction of Carpark No. Three at Emerald Airport was called. In view that Council’s internal workforce was unable to complete carpark works as originally anticipated for December 2014 due to infrastructure works program, it was determined to call tenders for the project. This report seeks Council’s consideration in regard to the Tender submissions and preferred tenderer and appropriate budget allocation. Resolution: Cr Brimblecombe moved and seconded by Cr Pickersgill “That Central Highlands Regional Council:

1. Award Tender 2014T037C to HPH Projects Pty Ltd for the amount of $1,315,985.61 (excluding GST), for the construction of Carpark No. Three at the Emerald Airport;

2. Approve an additional $900,000.00 within the 2014-2015 Capital Budget for the Emerald Airport Carpark No Three project. The entire project be funded from the Airport Capital Reserve Fund and the proposed loan borrowing for $1,000,000 not be undertaken.”

2014 / 12 / 10 / 024 Carried (6-1) Attendance Mr G. Wills from George Bourne and Associates and Manager Projects – Airport D. Clayton left the meeting at 4.16pm Cr Maguire returned to the meeting at and resumed the chair at 4.16pm

GENERAL BUSINESS Amendment to General Meeting Minutes – 26 November 2014 Advice that a notice of motion will be prepared for the 21 January 2015 meeting that Councils objection to the Proposed Extended Trading hours for the Irish Village, Emerald is for Monday to Sunday and not Monday to Friday.


CLOSED SESSION Into Closed Session Resolution Cr Godwin-Smith moved and seconded by Cr Pickersgill “That Council close its meeting to the public in accordance with Section 275 (1)(g) of the Local Government Regulation 2012.” 2014 / 12 / 10 / 025 Carried (8-0) The meeting was closed at 4.25pm Attendance General Manager Infrastructure Assets and Public Facilities G. Brayford, General Manager Organisational Support Services, Executive Manager Corporate Communications and Strategy and General Manager Commercial Services left the meeting at 4.25pm Attendance Town Planner J. Webster attended the meeting at 4.27pm Out of Closed Session Resolution Cr Nixon moved and seconded by Cr Pickersgill “That the meeting now be re-opened to the public.” 2014 / 12 / 10 / 026 Carried (8-0) The meeting was opened at 4.38pm Planning And Environment Court Appeal No. 2892 of 2013 - Village National Emerald Properties Pty Ltd v Central Highlands Regional Council

Executive summary: At its meeting on 10 July 2013, Council upheld an officer recommendation to refuse an application for an extension to a Caravan Park for two hundred and twelve units, lodged by Village National Pty Ltd. Since this time the applicant has appealed Council’s decision and without prejudice discussions have been held with the applicant. This has resulted in a redesign of the proposal which is being presented today for consideration. Resolution Cr Brimblecombe moved and seconded by Cr Sypher “That Central Highlands Regional Council: a) Support the development, subject to the revised layout of Stage 2 of the Caravan Park (thirty-two [32]

cabins and communal facilities), and continue without prejudice negotiations with the appellant looking to settle the appeal through a court order with conditions and support in principle a permissible change to existing approval D127/07 to reflect the revised layout of Stage 1 detailed below to continue the court proceedings over Lot 31 on SP252540 (former Lot 4 on RP601652, Lot 4 on RP607485, Lot 3 on RP601242 and Lot 1 on RP601821);

b) The appellant, through Council’s legal representatives King and Company, is advised of the outcome.

c) The Permissible Change request required to facilitate the revised layout of Stage 1 of the Caravan Park (fourteen [14] powered drive through caravan sites, twenty-one [21] powered camping and caravan sites, forty [40] single persons quarters, thirty-three [33] cabins and half of the communal facilities) be considered under delegated authority.”

2014 / 12 / 10 / 027 Carried (7-1)


Attendance Town Planner J. Webster left the meeting at 4.40pm Cr Nixon provided a vote of thanks to all of the staff for their hardwork and dedication over the last year. Attendance Cr Maundrell left the meeting at 4.48pm and did not return

CLOSURE OF MEETING There being no further business, the Mayor closed the meeting at 4.49pm CONFIRMED MAYOR DATE

general meeting of council - home - central highlands ... · 12/10/2014 · customer service...

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