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Ordinary Council

MINUTES

FOR THE MEETING TO BE HELD WEDNESDAY, 22 JUNE 2016

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 22 JUNE 2016

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Meeting Notice Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 22 June 2016, commencing at 5:30pm. Yours faithfully

GARY EVERSHED CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER

This agenda has yet to be dealt with by the Council. The Recommendations shown at the foot of each item have yet to be considered by the Council and are not to be interpreted as being the position of the Council. The minutes of the meeting held to discuss this agenda should be read to ascertain the decision of the Council. In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public. No responsibility whatsoever is implied or accepted by the Shire of Augusta Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings. The Shire of Augusta Margaret River disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Augusta Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta Margaret River. The Shire of Augusta Margaret River advises that anyone who has any application lodged with the Shire of Augusta Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta Margaret River in respect of the application. The Shire of Augusta Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 6

2. ATTENDANCE ........................................................................................................................... 6 2.1 APOLOGIES ............................................................................................................................... 6 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 7 3. DISCLOSURES OF INTEREST ................................................................................................. 7 3.1 ITEM 11.4.3 2016-17 FEES AND CHARGES – CR KYLIE KENNAUGH .................................. 7

4. PUBLIC QUESTIONS ................................................................................................................ 7 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 7 4.2. PUBLIC QUESTION TIME ......................................................................................................... 8 4.2.1 JUNK MAIL – MR CHRIS WALLEY ............................................................................................ 8

5. APPLICATIONS FOR LEAVE OF ABSENCE ........................................................................... 8

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 8 6.1 ORDINARY COUNCIL MEETING HELD 8 JUNE 2016 ............................................................. 8

7. DEPUTATIONS .......................................................................................................................... 8 7.1 ITEM 11.2.1 PROPOSED EXTRACTIVE INDUSTRY – LOT 68 TANAH MARAH

ROAD, BRAMLEY – MR JEFFREY BEVAN ............................................................................ 8 7.2 ITEM 11.2.1 PROPOSED EXTRACTIVE INDUSTRY – LOT 68 TANAH MARAH

ROAD, BRAMLEY – MR JOHN EVERARD ............................................................................. 9 7.3 ITEM 11.2.1 PROPOSED EXTRACTIVE INDUSTRY – LOT 68 TANAH MARAH

ROAD, BRAMLEY – MR KYLE JACKSON, MR STUART THREADGOLD, MR GREG HAREWOOD ................................................................................................................. 10

7.4 ITEM 11.2.2 PROPOSED EXTRACTIVE INDUSTRY – LOT 2 REDGATE ROAD, REDGATE – REDGATE RESIDENTS AND FRIENDS GROUP – MR LYNDON ROWE ....................................................................................................................................... 11

7.5 ITEM 11.2.2 PROPOSED EXTRACTIVE INDUSTRY – LOT 2 REDGATE ROAD, REDGATE – MS KANE MCDONALD.................................................................................... 12

7.6 ITEM 11.2.2 PROPOSED EXTRACTIVE INDUSTRY – LOT 2 REDGATE ROAD, REDGATE – MR RICHARD NASH ....................................................................................... 13

7.7 ITEM 12.1 NO BUSINESS IN ABUSE – MS CATHIE LAMBERT AND MR ROD WHITTLE .................................................................................................................................. 15

8. PETITIONS ............................................................................................................................... 16

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER....................................................... 16

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN .................................................. 16

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................. 16

11.1. CHIEF EXECUTIVE OFFICER ................................................................................................. 17 11.1.1 REVIEW OF DELEGATIONS ................................................................................................... 18 11.1.2 AUTHORISATION TO EXECUTE A DOCUMENT BY COMMON SEAL ................................. 36

11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 40 11.2.1 PROPOSED EXTRACTIVE INDUSTRY - LOT 68 TANAH MARAH ROAD,

BRAMLEY ................................................................................................................................. 41 11.2.2 EXTRACTIVE INDUSTRY LOCAL LAW LICENCE APPLICATION - LOT 2

REDGATE ROAD, REDGATE ................................................................................................. 62 11.2.3 EXTRACTIVE INDUSTRY LOCAL LAW LICENCE APPLICATION - GROSSE

ROAD, HAMELIN BAY ............................................................................................................ 85 11.2.4 COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN .................................. 99 11.2.5 REVIEW OF THE SHIRE'S ENVIRONMENTAL STEWARDSHIP AND GRANTS

PROGRAMS ........................................................................................................................... 106 11.2.6 SCHEME AMENDMENT INITIATION - REZONING CONSERVATION LOTS TO

BUSHLAND PROTECTION ZONE ......................................................................................... 110 11.2.7 RURAL WASTE PASS ........................................................................................................... 117


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11.2.8 MOBILE FOOD BUSINESS POLICY ..................................................................................... 126

11.3. INFRASTRUCTURE SERVICES ........................................................................................... 130 11.3.1 TOWNSITE PATHWAYS PLAN - FOR ADOPTION FOLLOWING COMMUNITY

CONSULTATION .................................................................................................................... 131

11.4. CORPORATE AND COMMUNITY SERVICES ..................................................................... 135 11.4.1 LIST OF PAYMENTS FOR MAY 2016 ................................................................................... 136 11.4.2 FINANCIAL ACTIVITY STATEMENT REPORT - MAY 2016 ................................................. 139 11.4.3 2016-17 FEES AND CHARGES ............................................................................................. 147 11.4.4 SUBMISSIONS ON 2016-17 DIFFERENTIAL RATES AND MINIMUM PAYMENTS ........... 151 11.4.5 2016-17 DRAFT BUDGET ...................................................................................................... 155

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ......................................... 168 12.1 NO BUSINESS IN ABUSE – CR PAM TOWNSHEND ........................................................... 168 12.2 UNITED NATIONS FRAMEWORK AGREEMENT ON CLIMATE CHANGE – CR

PETER LANE .......................................................................................................................... 169

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ..................................................... 169

14. NEW BUSINESS OF AN URGENT NATURE ....................................................................... 169 14.1. MEMBERS .............................................................................................................................. 169 14.2. CEO ........................................................................................................................................ 169

15. CONFIDENTIAL BUSINESS .................................................................................................. 169

16. CLOSURE OF MEETING ....................................................................................................... 172


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Minutes of the Ordinary Council Meeting held on Wednesday 22 June 2016, in Council Chambers, Wallcliffe Road, Margaret River, commencing at 5.30pm.

Ordinary Council Meeting

1. DECLARATION OF OPENING

The Shire President welcomed all in attendance and declared the meeting open at 5.30pm.

2. ATTENDANCE

Shire President : Cr Ian Earl North Ward

Councillors : Cr Kylie Kennaugh North Ward Cr Peter Lane North Ward Cr Felicity Haynes Town Ward Cr Pam Townshend Town Ward Cr Kim Hastie Leeuwin Ward Cr Mike Smart Leeuwin Ward

Chief Executive Officer : Mr Gary Evershed Acting Director Sustainable Development : Mr Nick Logan

Director Infrastructure Services : Mr Johan Louw

Director Corporate and Community Services : Ms Annie Riordan

Manager Asset Services : Mr David Nicholson

Manager Corporate Services : Mr Andrew Ross Coordinator Statutory Planning : Mr Johan Pienaar Minute Secretary : Ms Claire Schiller MEMBERS OF THE PUBLIC 42

MEMBERS OF THE PRESS Augusta Margaret River Mail : Nil

Augusta Margaret River Times : Mr Warren Hately

2.1 Apologies

Nil


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2.2. Approved Leave of Absence

Nil

3. DISCLOSURES OF INTEREST

3.1 Item 11.4.3 2016-17 Fees and Charges – Cr Kylie Kennaugh

Cr Kennaugh declared an impartiality interest in Item 11.4.3 2016-17 Fees and Charges as she is the President of the Margaret River and Districts Agricultural Society, which is mentioned in the attachment. She stated that she would be fair and balanced in her deliberations and vote objectively.

4. PUBLIC QUESTIONS

4.1. Response to Previous Public Questions Taken on Notice

4.1.1 Cape to Cape Winter Diversion Track – Ms Jodie Cowen Ms Jodie Cowen of 7 Rangnow Place, Margaret River, asked the following questions at the 8 June 2016 Ordinary Meeting of Council, in relation to the Cape to Cape Winter Diversion Track. The Shire President took the questions on notice. The Coordinator Environmental/Landcare Services, Mr John McKinney, provided the responses. ‘The Department of Indigenous Affairs indicate that an ethnographic and archaeological survey of the application area should be conducted. The Margaret River is registered as an Aboriginal Site (ID 4495). Development adjacent to the Margaret River must be sensitive to Aboriginal Heritage issues. This will be achieved by including the following conditions in the schedules: An ethnographic and archaeological survey of the application area should be conducted by a qualified consultant to the specifications of the Department of Indigenous Affairs. The fact that the Shires mountain bike/pedestrian path development has significantly more impact on this Aboriginal site than the McHenry development.’ Q1 Why has the Shire failed to formally meet the same standards as those already

mentioned and imposed on a private developer?

The Shire has met the legislative requirements and expected standards. Q2 And is it true that the construction for this mountain bike/pedestrian path commenced

well before any commitment was made to acknowledge the sensitive Aboriginal Heritage issues pertaining to this site? If so, does this meet the Shires own professional standards and expectations on such matters?

The Shire has followed the Department of Aboriginal Affairs Aboriginal Heritage Due Diligence Guidelines and been liaising with appropriate agencies and people regarding Aboriginal Heritage matters for the project since August 2014. Construction commenced in late 2015.

Q3 A section 18 application was submitted on the 4th of February 2016. In light of this

developments impact on this site, and the conditions imposed on the McHenry developer by the Shire. Does the Shire believe that a belated section 18 request meets the Shires professional standards? If so, could the Shire please explain to us the disparity between what was expected of the private developer and the Shires own performance on this matter.

The Section 18 application relates to a proposed boardwalk of which construction has not commenced.


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4.2. Public Question Time

4.2.1 Junk Mail – Mr Chris Whalley

Mr Chris Whalley of 15/6 Westringia Loop, Margaret River, asked the following question: Q: What is the Shire’s policy of junk mail? The Chief Executive Officer, Mr Gary Evershed provided the following response: The Shire does not have a policy, it is questionable as to whether it is within the Shire’s jurisdiction. The Shire President took the question on notice to allow further research.

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

6.1 Ordinary Council Meeting held 8 June 2016

MOTION / COUNCIL DECISION CR HAYNES, CR KENNAUGH OM2016/95 That Council confirms the minutes of the Ordinary Council Meeting held 8 June 2016 to be a true and correct record of the meeting.

CARRIED 7/0

7. DEPUTATIONS

7.1 Item 11.2.1 Proposed Extractive Industry – Lot 68 Tanah Marah Road, Bramley –

Mr Jeffrey Bevan

Mr Jeffrey Bevan of 486 Wirring Road, Cowaramup, addressed the meeting in relation to Item 11.2.1 Proposed Extractive Industry – Lot 68 Tanah Marah Road, Bramley, a summary of his deputation is as follows:

• I’m Jeff and we have a farm on Wirring Road, which borders the unconstructed part of Tanah Marah Road. I want to suggest why they only use only a southern route onto Osmington Road.

• Agree that Tanah Marah road (both existing and the unconstructed parts) was not a suitable option.

• If it has to be Wirring Road, make it south onto Osmington Road avoiding the a) School bus route, b) Major tourist attractions on the road, c) Horse Agistment/Riding School and it’s “trailer traffic “ d) Majority of houses situated really close to the road verge at risk of dust pollution.

• Suggestions: Drop a section of Osmington to 90kph. Osmington Road/Wirring Road/Bramley

River Road intersection - The entry for trucks/traffic onto Osmington Road from Wirring or Bramley River roads is dangerous, too many intersections, corners with limited line of sight, and winery/brewery entrances (x3), resident’s driveways (x3) and accommodation turnoffs (x1), it is dangerous. All within a 300m stretch.


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• Costings: Overall query about the condition of Wirring Road. Has the Shire given the applicant, or

has the applicant independently sought, any real cost quotes or estimates to get the road up to standard proposed by the Shire? The road is in pretty average state. Potholes, crumbling shoulders, the gravel section has narrow, very steep verges acting/doubling as “drain pipes” in some areas, too steep for vehicles to safely navigate if they have to pass oncoming traffic.

• I could draw you a map of south v north exit by trucks onto Wirring Road, but the easy statistics are that by going south onto Osmington there are:

o No school buses o No milk tankers o A reduced number of tourist traffic movements o Substantially reduced number of horse floats on the road o Reduced number of residents’ houses impacted (5 compared to 16) o Reduced impact on number of houses located really close to the road – dust/health

issues. • The proposed number of truck movements represents about a 5-10% increase on the road usage

(according to traffic counters on the northern part of the road, no statistics for southern half). This is not considered huge as far as actual movements are concerned and road wear and tear, but is a substantial increase in traffic accident risk given the bigger number of road users and conditions. Truck v tourist v milk tanker v horse float v car v tractor v cows on road.

The Shire President called for questions and then thanked Mr Jeffrey Bevan for his deputation.

7.2 Item 11.2.1 Proposed Extractive Industry – Lot 68 Tanah Marah Road, Bramley – Mr John Everard

Mr John Everard, Consultant Geologist, of Lot 671 Tanah Marah Road, Bramley addressed the meeting in relation to Item 11.2.1 Proposed Extractive Industry – Lot 68 Tanah Marah Road, Bramley, a summary of his deputation is as follows: • Currently my land is under blue gum plantation. This plantation is currently being harvested. I plan

to mulch the land after harvesting and return it to pasture for sheep and cattle.

• There are four issues I would like to raise: o The inaccuracy of Figure 7 “Proposed Finished Surface Plan”; o Erosion damage to adjoining Lot 671 from mining in Cells 1 and 5; o Lack of a setback zone on the Lot 671 / Lot 68 boundary; o No mention of boundary fencing in the Compliance Notes.

• The two Figures 4 and 7 display the contours before mining (Figure 4) and after mining (Figure 7).

Figure 7 is incorrect as it shows the contours of the adjoining properties and the road reserve are lowered by mining. This is incorrect as Figure 7 should show very tight contour lines running parallel to the north south boundary between Lot 671 and Lot 68. How is the land outside Lot 68 lowered? By erosion or mining? When this is viewed in East West cross section it would show a vertical cliff 2 to 3 metres high at the boundary between Lot 671 and Lot 68. See cross section on Slide 4. I urge the Shire to have this map corrected before endorsing it with the Shire stamp.

• The corrected contour plan shows:

o significant height change between Lot 671 and Lot 68; o the mining cells 1, to 7 will be lower than the creek line; o there will be a significant decrease in the estimated resource by limiting mining to the 106m

contour; o A setback distance of 20 metres on side boundaries will decrease the resource.


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• The land surface on Lot 671 is higher than the land on Lot 68. Therefore if the land surface of Lot

68 is lowered the land surface of Lot 671 will be under threat of erosion. Erosion leads to land degradation and loss of use of the land. The land will be used for grazing once the blue gum trees are harvested. As explained in the previous slide the boundary would become a vertical cliff. This is displayed on this slide. When this is viewed in East West cross section it would show a vertical cliff 2 to 3 metres high at the boundary between Lot 671 and Lot 68. I urge the Shire to include a setback of 20 metres as stated in the Local Planning Scheme (4.16.1b). And update Figures 2 and 6 as they do not show setbacks.

• There is no compliance note regarding boundary fencing. As can be seen from this satellite

photo there has been no fence between Lot 671 and Lot 68 due to the blue gum plantation and being both owned by a common previous owner. I have proposed to erect a fence but have received a negative response from the Applicant. This is a regulation under the Fencing Act. Why is nothing happening now? Claiming that the land is “Vacant” while digging a hole in the ground is a contradiction. I urge the Shire to include a compliance regarding adequate boundary fences.

• There is a lot of misunderstanding regarding the blue gum plantation. Originally planted by John Dempster. He owned all the properties under plantation in the satellite photo. This plantation is currently being harvested. Most trees will be harvested by 31 December 2016. Trees with poor growth rates on Lot 671 and 68 in the location of mining carried out by J. Dempster will not be harvested. You cannot grow trees on 20cm of sand and rock!

• I John Everard urge the Shire to make the following changes to the Compliance Notes regarding this proposal.

o Correct Figure 7 “Proposed Finished Surface Plan” to correctly show the land contours after mining.

o Add compliance for 20 metre setbacks on the boundary with Lot 671 o Add compliance for suitable boundary fencing around Lot 68 o Correct Figures 2 and 6 to include 20 metre setbacks on the boundaries.

The Shire President called for questions and then thanked Mr Everard for his deputation.

7.3 Item 11.2.1 Proposed Extractive Industry – Lot 68 Tanah Marah Road, Bramley – Mr Kyle Jackson, Mr Stuart Threadgold, Mr Greg Harewood

Mr Stuart Threadgold, landowner of Lot 68 Tanah Marah Road, Mr Kyle Jackson, Director of BCP, and Mr Greg Harewood, Planning and Environmental Consultant, addressed the meeting in relation to Item 11.2.1 Proposed Extractive Industry – Lot 68 Tanah Marah Road, Bramley, a summary of their deputation is as follows: Mr Stuart Threadgold: • Our family have been Margaret River residents since 2009 and I practice Threadgold

Architecture locally. The practice holds Royal Australian Institute of Architects and Green Building Council of Australia memberships.

• Locally, the green credentials of this project are unsurpassed and any suggestions to the

contrary are simply false. The proposed extractive industry synergises with the existing bluegum plantation's being harvested as we speak. The extractive industry will transform a property which is left desolate and unusable with bluegum stumps at 3m centres and will eventually rehabilitate the site to pasture after the pit is closed. Our family hopes to re-establish the property with sheep and build a stainable dwelling. The removal of the sand will increase the viability of sheep through better a pasture medium.

• The proposed pit is equi-distance to the development nodes of Cowaramup, Gracetown and Margaret River. Approving this pit will reduce the embodied energy of every building


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development, subdivision, road within the Shire through the supply of the supply of grit to the Margaret River Holcim concrete plant, clean fill for slab-on-ground construction and sub-base for new roads. Embodied energy is the energy consumed by all of the processes associated with the production of a building from the mining and processing of natural resources to manufacturing, transport and product delivery and a key indicator of a building's green credentials.

• Prior to this proposal, BCP has hauled sand from pits in Kaloorup and Treeton in the City of

Busselton for buildings, roads and sub-divisions - adding to the cost of Margaret River building costs and vastly increasing the carbon footprint of every building built within the Shire.

• Threadgold Architecture is a local business and we are a local family who sources products

and services from local businesses - any profits realised through this project will be spent into the local townships of Margaret River, Cowaramup, Dunsborough and Busselton.

• The Threadgold Architecture Freedom of Information request with date 23 March 2016 reveals

that three road upgrade contributions totalling $96,406 have been paid into the Shire's RESTRICTED ASSET TRUST but have been unable verify any capital road upgrades along Tanah Marah Road.

Mr Kyle Jackson and Mr Greg Harewood : • We have listened to all the community feedback.

• Wer have proposed 2 routes, if there is still concern we are happy to make changes. • Topsoil: Trees cleared, stumps removed, topsoal stripped, sand extracted and then rehabilitated.

The pasture grows better after rehabilitation. • There is no near surface granite. The Shire President called for questions and thanked Mr Threadgold, Mr Jackson and Mr Harewood for their deputations.

7.4 Item 11.2.2 Proposed Extractive Industry – Lot 2 Redgate Road, Redgate – Redgate Residents and Friends Group – Mr Lyndon Rowe

Lyndon Rowe of 780 Redgate Road, Redgate on behalf of the Redgate Residents and Friends Group, addressed the meeting in relation to Item 11.2.2 Proposed Extractive Industry – Lot 2 Redgate Road, Redgate, a summary of his deputation is as follows: • If the licence is granted there is one major critical issue we would all face: dust.

• There are 3 solutions to this:

1. Minimise the area that is open 2. Use heavy duty sprinklers for watering 3. Re-pasturing

• There should be a dust management plan included as a condition.

• Council must be confident that planning approval is not needed.

• We have not received a response to recently submitted legal advice.

• If there is any uncertainty this matter should be deferred.


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The Shire President called for questions and thanked Mr Rowe for his deputation.

7.5 Item 11.2.2 Proposed Extractive Industry – Lot 2 Redgate Road, Redgate – Ms Kane McDonald

Ms Kane McDonald a ddressed the meeting in relation to Item 11.2.2 Proposed Extractive Industry – Lot 2 Redgate Road, Redgate, a summary of her deputation is as follows:

• My property is Lot 10, known now as 748 Redgate Rd, Redgate, which is directly opposite the area where expansion is considered. Our family are the one of the original first owners of land in this estate, purchasing our property in 1987.My objections to any form of extension of the Redgate Lime pit are vast and of great concern but I am taking the time tonight to outline a few of these concerns.

• Prior to the purchase of our property in 1987, we made lengthy inquiries with the AMR Shire

council planning department to view and discuss planning intentions or submissions for this area to ensure we were aware of any proposed planning approvals which would affect the investing of our money to ensure we were getting the lifestyle we anticipated.

• We were informed of lime extraction on the Nash Property but we were advised this was

purely for personal use only and no commercial use was occurring at the time nor any proposal for commercial use in the future. We also undertook our own research in the area and living in Witchcliffe, we knew it quite well, so my partner made the decision to purchase Lot 10 Redgate Rd, Redgate to build our home in this pristine part of the world.

• It has been to our absolute horror and distress to then notice a sign placed on Redgate Rd

stating the intention for plannin g approval for a commercial lime operation across the road from our home. We of course opposed and have continued all of these years to do so.

• We did not purchase land here and never would have done so if we knew if any way that a

lime pit would be approved across the road from us. I feel it has been an infringement of my rights.

• Today I am taking the opportunity to present a few of the concerns from my submission: 1. Firstly, my biggest issue surrounds the "original plan of approval". If you look at what was

presented and it is really quite astounding how plan approval could be provided especially when all our housing plans had to be of a certain standard. I feel very strongly this original planning must be reviewed prior to any further approval of extension to extract lime.

2. My next concern is the lime dust. When we looked over this area to consider purchase of

land, we considered land protected from the south westerly winds and good soil plus we found water. We noted the hills on our south west corner would help diffuse these strong winds, over the years I have watched these hills disappear and in their place were these gale force winds sending stronger streams of lime dust into our air, onto our organic vegetable gardens, including fruit trees, onto our home, our windows and cars, then finding lime dust settling into the gutters and realizing the gutters were rusting due to the lime. So this brings me to a point of particular concern long term impact the lime dust has already had on our lungs.

Time always tells, regardless of what has been or is considered acceptable by law that dust

of varying forms does and will harm our health . We all know the years of acceptable levels of dust and the years of fighting from employees living in Wittenoom.

I therefore requested in my submission for an Independent research to be done regarding

the effect of lime dust in our lungs and bodies regardless of the levels of dust approval and


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type of lime I believe it is affecting us more than we realize and what should be not acceptable for anyone to live near this lime dust. But let me remind you I purchased here before any approval was ever given. .

3. The land that is being considered for extension of the Redgate Lime pit is already being

used to run stock. I can only see that a change of zoning would have to be approved. Who then makes this decision and I could only see it being made in support of our shire obtaining their much needed lime.

4. I have changed the access to my property due to the daily sight from my old entrance of

seeing a lime pit and operating machinery daily. What I hope is going to be a pleasant drive in and out of my property, instead brings anger to the surface every single day. So at my cost, I put in another driveway only to note the area for the Redgate Lime pit entrance will now be to the left of my new driveway. How do you think I feel about this?

5. My greatest concern is the AMR Shire planners and Councillors believe they can make an

impartial decision on extension of this lime pit, again, as I have stated in my submission my concerns that any member of the shire or Council who have an association with the Nash family in a personal capacity, with using the lime for their own properties and in business please step down from making any decision and that includes the Shire themselves.

• As we all know the Augusta Margaret River Shire uses lime from this pit. With the approval

of the bypass road extensions, our AMR Shire will be in need of many tonnes of lime, so with whom would deals be made to ensure the supply is obtained?

• So, I believe very strongly that due to our AMR Shires upcoming needs, which could be

considered, a vested interest, this must be viewed as a "conflict of interest" and I do not see how a bipartisan vote can be made with the concerns of us Redgate residents taken into consideration.

• The plans for this pit have not always been open. But we live in a small community where

we hear through gossip information or as we ask questions to each other about what is going and this includes regarding business and planning between Redgate lime and our AMR Shire or individual Councillors.

• We pay attention, we listen and we wait biding our time for the truth to come to light. • Due to the past dealings between both parties regarding "The Code of Conduct", excluding

the Redgate residents from any involvement, we ask that all discussions and meetings with any employee or member of the AMR Shire, particularly our AMR Councillors between Redgate Lime and themselves to establish any arrangements, not be behind closed doors but instead must be honest, open, transparent and at all times, aboveboard with full inclusivity of the Redgate Residents and friends Association prior to any final approval.

• We have already suffered for years the consequences of this original planning approval and

all of the issues that have come with it. I say it is now our time where our requests are taken into consideration with greater concern for our rights as residential landowners to upheld and protected.

The Shire Presidentt called for questions and thanked Ms McDonald for her deputation.

7.6 Item 11.2.2 Proposed Extractive Industry – Lot 2 Redgate Road, Redgate – Mr Richard Nash

Mr Richard Nash, Manager Director of Redgate Lime, addressed the meeting in relation to Item 11.2.2 Proposed Extractive Industry – Lot 2 Redgate Road, Redgate, a summary of his deputation is as follows:


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• Redgate Lime is part of the Tamala limestone around the coast but to say it is all the same is being very naïve, it’s a bit like classifying all houses as being the same.

• Redgate Lime has been independently tested with annual testing for the last 20 years by

the Lime Industry association and Dept. of Agriculture and Food WA. These tests have constituently shown that Redgate lime is the Highest grade Limestone in WA. The State Chief Chemical officer at The State Chemical Centre of WA once stated it was the most consistent Limestone he had ever tested and called it very homogenise.

• The Water Corporation tested every lime resource in the state for treated a Perth water

supply before being released for public drinking and Redgate Lime was the only resource that could do what Water Corp wanted to do and we now have a long term contract in place to supply them.

• There are 10 other Limestone resources closer to Perth than where we are, but we were the

only resource capable of achieving the quality they needed for Perth drinking water supplies.

• Cockburn Cement saw the quality of the Lime we were supplying to Water Corp and were

enthusiastic because they thought they had finally found a Limestone of high enough quality to make premium cement. They immediate called up wanting us to supply 100,000 tonne per year, of course we had to decline. Cockburn cement said they have to look at getting supplies from Indonesia.

• We have a long term supply contract to lluka for the same reasons, the largest avocado

grower in Austral ia uses only our Lime, he tried cheaper Lime resources but could not filter his water to the same quality as ours. We were the best resource for what they needed.

• We have been asked if we could fill Bulka bags for putting into shipping containers, in the past 6

months we had to turned down large orders of up to 50,000 tonne from South Australia. • The uniqueness of the Redgate Lime deposit cannot be understated, but we chose to

supply the Farmers and Vineyards of Western Australia and the local household and gardens of Margaret River.

• The majority of this unique resource has been lost due to housing and national parks and will

never be available to farmers and the community. • This application is not for an expansion of tonnages or trucks, nor is it for going outside of any

lot boundaries. The plans submitted now are not new plans, we have always had the intention of mining out the full resource available on our block and I believe the whole of the South West deserves it.

• Over the years we have spent over $200,000 on rehabilitation, bund walls, trees and

reticulation. • This application alone has cost us over $30,000 in outside fees, to keep costs down, I do the

majority of work beforehand and if you include my time would add another ten thousand. However our cost with this application is not finished, we now have to create a suitable management plan, a rehabilitation plan and a Landscape Screening plan plus the possibility of modifying our drainage to suit the condition (b) and other conditions we are having to do.

• This has not been a simple tick and flick process. • Redgate Lime employs local families, supports local business, provides and donates products and

machinery to many local groups that make up the Margaret River community. • A business like ours is the mainstay of a vibrant community, we provide the base for tourism


15

and holiday house owners so when they come down the community is already here for them to enjoy. The community they moved down to enjoy just did not happen overnight.

The Shire President called for questions and thanked Mr Nash for his deputation.

7.7 Item 12.1 No Business in Abuse – Ms Cathie Lambert and Mr Rod Whittle

Ms Cathie Lambert of the Margaret River Uniting Church, and Mr Rod Whittle of Amnesty Margaret River, addressed the meeting in relation to Item 12.1 No Business in Abuse, a summary of their deputation is as follows: Ms Cathie Lambert: • It is easier to say "yes" than it is to say "no". As a mother of two children, I know this to be

true. Persistent whining or insistent arguing can become very waring and tiring. To stick to your "no", as a parent, can be costly and at times very difficult.

• This is a truth that goes beyond the experience of parenting, however. As a Christian, it is

not enough to say "Yes. I am a follower of Jesus." In saying "yes" to this conviction, I must also take the difficult stance in saying "no" to many things in life. I cannot say "yes" to Jesus, while maintaining a life of fear, hatred or violence. This is the reason that the Uniting Church often stands beside movements such as Amnesty in speaking out for those who have no voice .

• So, that is why I stand before you today to support this proposal that says "no business in

abuse”. It is no secret the abuses that are occurring in our offshore detention centres. We are seeing people die at their own hands and the hands of others. We are seeing women and children who have suffered sexual abuse. We are seeing poor health services and facilities. We are seeing people kept in detention indefinitely with no hope. This is no secret. The truth leaks out little by little.

• Dietrich Bonhoeffer, a German theologian who was part of the Resistance Movement against

Nazism said, "Silence in the face of evil is itself evil. Not to speak is to speak . Not to act is to act." If we do not speak out in the face of the injustice and abuse that we see today, we condone the actions.

• On April the 22nd last year, our Shire said "yes" to becoming a Welcome Refugee Zone. I

was here for that decision. It did not seem very difficult for the council to say "yes" on that evening. Today, we are asking you to say "no". We are asking you to stand with us in saying enough is enough to the businesses that allow these abuses to occur.

• I understand that we are asking more of you this evening. It is more difficult to say "no" than

to say "yes". However, whenever we say "yes" to something there often has to be an associated "no". We cannot proclaim to be a Welcome Refugee Zone while staying silent to the abuse that asylum seekers are facing daily in our detention centres.

Mr Rod Whittle: • Last Monday was World Refugee Day and this week is Refugee Week in Austral ia, which

celebrates the positive contribution refugees have made to society. .. • We appreciate the importance of local councils in community affairs , and in this case we have

285 petitioners requesting Council adopt the 'No Business in Abuse'. • There are over 65 million people forcibly displaced by conflict, the most since WW2. Austral ia

accepts it should play a role in addressing this problem. Nevertheless for most of the last twenty years boat arrivals have been strenuously opposed. This has led to the system of offshore detention we all know about, with calculated, at times severe, mental and physical harm being inflicted. The 80 page, 2015 'No Business in Abuse' report itself has 30 pages of


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testimony to abuses, and you may have seen films revealing the appalling conditions and treatment meted out on Manus and Nauru.

• Now, the Federal Government doesn't deny conditions are bad, but says this is necessary; a

necessary evil to deter an unmanageable hoard of boat people coming, with inevitable drownings, and to stop people smugglers operating . They also say the asylum seekers are illegal, ineligible, and undesirable - hardly human at all. As with most self-interested viewpoints the facts turn out to be different.

• For a start, boat arrivals even at their peak have had the potential to be a small minority

(less than 10%) of our total migrant intake, which is now about 200,000 per year. And that is with over 90% of boat people being found to be genuine refugees i.e. fleeing persecution. Their bid for asylum is absolutely legal. Regardless - and for over a decade debate on the issue has ended with this - vile conditions of offshore detention prevent drownings and stop people smugglers operating, important objectives.

• In February 2014: The Physical and Mental Health Subcommittee of the Joint Advisory

Committee for Nauru Regional Processing Arrangements reported that: "[t]here are no toys, including no soccer or volleyballs; parents reported all they can play with is the white stones and running, there is nothing to do. Excursions are limited, they do not have freedom of movement, and so are not able to engage or play in the natural environment. Crowded living conditions are of significant concern from a public health perspective, particularly if there are concerns over sanitation and water, and where individuals have not had adequate health screening or vaccination. Children are particularly vulnerable to the negative consequences of detention on mental health, and detention adversely affects families and parenting. Many children will have been exposed to cumulative risk factors in their countries of origin and children are likely to have adverse developmental and mental health outcomes, but as there is currently no developmental surveillance, it will not be possible to quantify the impact

• For the Shire, this resolution supporting humane business practices is an 'in principle' one,

and that is reasonable because the organisations running the camps do change. However, given its endorsement, one would expect the Shire would at least avoid those companies known to be directly involved in camp administration with its systematic abuses.

The Shire President called for questions and then thanked Ms Cathie Lambert and Mr Rod Whittle for their deputation.

8. PETITIONS

Nil

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER

Nil

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS


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11.1. Chief Executive Officer


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11.1.1 REVIEW OF DELEGATIONS LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE VTL/130 GOV/40 REPORT AUTHOR Emma Rogers, Governance Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer IN BRIEF • It is a requirement of Section 5.46 of the Local Government Act 1995 that delegations made by

the Council to the Chief Executive Officer and other officers are reviewed at least once every financial year.

• A revised list of delegations and authorisations of powers and duties is recommended for adoption by Council.

RECOMMENDATION That Council delegates a range of powers and duties to the Chief Executive Officer in accordance with the Local Government Act 1995 effective 1 July 2016. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Pursuant to the Local Government Act 1995 (LGA), the Council has the power to delegate to the Chief Executive Officer (CEO) (Section 5.42). Council can delegate to the CEO, by an absolute majority resolution of Council, the exercise of any of its powers or the discharge of any of its duties from time-to-time and in such manner as the Council determines, excepting certain limitations as outlined below. The CEO has the power to on-delegate to other staff members (section 5.44 LGA 1995). Delegations are to be in writing and a register of delegations is to be kept by the CEO. Limitations to delegating to the CEO under s5.43 of the Local Government Act 1995 A local government cannot delegate to a CEO any of the following powers or duties —

(a) any power or duty that requires a decision of an absolute majority or a 75% majority of the

local government;

(b) accepting a tender which exceeds an amount determined by the local government for the

purpose of this paragraph;

(c) appointing an auditor;

(d) acquiring or disposing of any property valued at an amount exceeding an amount determined

by the local government for the purpose of this paragraph;

(e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A or 5.100;


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(f) borrowing money on behalf of the local government;

(g) hearing or determining an objection of a kind referred to in section 9.5;

(ha) the power under section 9.49A(4) to authorise a person to sign documents on behalf of the

local government;

(h) any power or duty that requires the approval of the Minister or the Governor;

(i) such other powers or duties as may be prescribed.

Council can delegate to a committee comprising of Council members only, any of the Council’s powers or duties under the LGA, or to a committee comprising of Council members and employees any duties that can be delegated to the CEO. Limitations of delegation of powers and duties to committees are prescribed under s5.17 LGA. There is a requirement under the LGA that all delegations made must be reviewed annually. The opportunity is also taken to review all other delegations to employees provided under alternative legislation. Various other acts such as the Bush Fires Act 1954 and the Building Act 2011 allow for delegations to local government officers by Council. Other Acts such as the Health Act 1911, Control of Vehicles (Off-road Areas) Act 1978 allow for authorisations to local government officers by Council. The AMR Shire delegations were last reviewed and adopted by Council at the 10 June 2015 Ordinary Meeting of Council (Council decision number OM2015/116). CONSULTATION AND ADVICE External Consultation WALGA Internal Consultation • CEO • Directors • Coordinator Legal Services DISCUSSION/ OFFICER COMMENTS A review of the delegations by Council under the LGA and other various Acts has been undertaken. The attached Register of Delegations consists of delegations from Council to the CEO under the LGA, and delegations from Council to the CEO and employees under other acts (as listed below). Each delegation provides information on the respective head of power in the Delegation Register (Attachment 1). The sub-delegations from the CEO to employees are contained in a separate document, also attached (Attachment 2). The following table outlines the recommended amendments to and the removal or addition of delegations made by Council. Amended, Additional and Removed Delegations

Title Amended, Additional or Removed Delegation Review Findings Delegation 11 Rateable Land Exemptions

The following delegation has been added: Under s5.42 LGA the CEO is delegated the exercise of power and discharge of duties under s6.26 LGA, to determine rate exemption applications.

This is a new delegation which provides the power to determine applications for land use rate exemptions under s6.26LGA. WALGA provides a ‘best practice guideline’ and template application process for rate exemptions under s6.26.


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The Shire’s application process will be based on these guidelines.

Delegation 15 Building

The following delegation has been amended: Under s127 Building Act 2011 the CEO is delegated the exercise of power and discharge of duties to approve or refuse to grant permits and issue Building Orders, pursuant to the Building Act 2011, sections as listed:

1. Section 20 Building Permits

2. Section 21 Demolition Permits

3. Section 58 Granting, modifying or refusing to grant occupancy permit or building approval certificate

4. Section 65 Extension of period of duration of an occupancy permit or building approval certificate granted for a limited period of time.

5. Section 22 Further grounds for not granting an application

6. Section 110 Building Orders

7. Section 117 Revocation of a Building Order

8. Section 139 Presumptions about authority to do certain things

And, under s96 Building Act 2011, designate an employee of the local government as an authorised person for the purposes of:

a) this Act in relation to buildings and incidental structures located, or proposed to be located, in the district of the local government; and

b) s93(2)(d), to inspect or test an existing building for the purpose of monitoring whether a provision of the regulations is being complied with.

Have included the authorisation under s93(2)(d), the power to designate an employee authorisation to inspect or test an existing building for compliance with regulations.

Delegation 18 Functions under the Food Act 2008

The following delegation has been amended: The CEO is delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, including the functions listed below:

1. s122, to appoint persons to be authorised officers for the purposes of the Food Act 2008;

2. s126, designate authorised officers to perform certain functions under the Food Act 2008;

The Manager Environmental Health and Waste ServicesHealth, Waste and Ranger Services,

This delegation has been amended to update changes to staff titles.


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Coordinator Environmental Health and Events, and Environmental Health Officers are delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, excluding the powers to appoint officers authorisation under s122 and designate authorised officers under s126 Food Act 2008.

Currently there are no Council committees with delegated authority under the LGA and therefore there are no delegations made by Council to any Council committees to review. Authorisations by Council There is no legislative requirement to review authorisations by Council to officers, and authorisations from the CEO to other employees annually, however, an annual review performed at the same time as the delegation review will enable the Shire to keep up to date with legislative changes, and any amendments required can then be referred to Council. The following table outlines the recommended amendments to and the removal or addition of authorisations made by Council. Legislation Authorisation Review Findings

Health Act 1911 The following authorisation has been amended: Under the provisions of s26 Health Act 1911 (as amended), the Council of the Shire of Augusta Margaret River hereby appoints the officers holding the following positions authorisation to discharge any of its powers and functions under the Health Act 1911 (as amended):

• Chief Executive Officer • Director Sustainable

Development • Manager Environmental Health

and Waste ServicesHealth, Waste and Ranger Services

• Coordinator Environmental Health and Events

• Environmental Health Officers

Updated staff titles

Control of Vehicles (Off-road Areas) Act 1978

The following authorisation has been amended: Under s38(3) Control of Vehicles (Off-road Areas) Act 1978, the Council of the Shire of Augusta-Margaret River appoints the officers holding the following positions authorisation to administer and enforce the provisions of the Control of Vehicles (Off-road Areas) Act 1978.

• Chief Executive Officer • Director Corporate and

Community ServicesSustainable Development

• Manager Community Development and Safety

Removed Director Corporate and Community Services, Manager Community Development and replaced with Director Sustainable Development, Manager Health, Waste and Ranger Services (Rangers are now within Sustainable Development Directorate).


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Manager Health, Waste and Ranger Services

• Coordinator Ranger Services • Rangers

S9.49ALGA

The following authorisation has been amended: 1. Under section 9.49A(4, 5) Local

Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Chief Executive Officer, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River.

2. Under section 9.49A(4, 5) Local

Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Director Sustainable Development, Director Corporate and Community Services and Director Infrastructure Services, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River when the CEO is unavailable.

Included “deeds” in accordance with s9.49A(5), where a document executed by a person under this authority is not to be regarded as a deed unless the person executes it as a deed and is permitted to do so by the authorisation.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 Building Act 2011 Bush Fires Act 1954 Cat Act 2011 Dog Act 1976 Food Act 2008 Local Government (Miscellaneous Provisions) Act 1960 Local Planning Scheme No.1 Planning and Development Act 2005 Shire of Augusta Margaret River Local Laws STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective Governance and Corporate Leadership Community Outcome 5.1.3 Ensure Councillors and employees demonstrate the importance of ethical behaviour and compliance with codes of conduct. Service level strategy/plan: Review Councillor delegations. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Effective delegations lead to effective use of staff time, which ultimately saves money and allows officers’ time to be spent on achieving higher strategic targets.


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SUSTAINABILITY IMPLICATIONS In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through integration of environmental protection, social advancement and economic prosperity (Section 1.3 of the Local Government Act). Delegation of powers from Council to employees or a Committee enables decisions to be made in a shorter timeframe. Legislation ensures that staff will be held accountable for any decisions made. There is a saving of staff time in terms of report writing when delegations are used in preference to Council decision-making. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council, having reviewed the delegations currently in place and noting the recommended amendments: 1. Delegates to the CEO under s5.42 LGA, the exercise of powers and the discharge of any of its

duties under the Local Government Act 1995, effective 1 July 2016, as listed below;

2. Delegates to the CEO and other Officers, the exercise of powers and the discharge of any of its duties under the other Acts, effective 1 July 2016, as listed below;

3. Revokes any current delegations not on the list as follows:

Title Relevant Legislation Delegations from Council Local Government Act 1995

1. Administrative structure of the local government

s5.2 Local Government Act 1995

The CEO is delegated the exercise of power and discharge of duties under s5.2 LGA to ensure there is an appropriate structure for administering local government including the power to change the structure as required to administer the local government.

2. Administering Local Laws

Part 3 & 9 Local Government Act 1995 All AMR Local Laws

The CEO is delegated authority to determine applications received in accordance with any AMR Local Law made under Division 2 of Part 3 LGA, to enforce the provisions of those local laws and to otherwise exercise the powers and discharge the duties of the local government under those local laws.

3. Closure of thoroughfares

s3.50, 3.50A & 3.51 Local Government Act 1995 Reg 4-6 Local Government (Functions and General) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties to: 1. Close any thoroughfare that the Shire manages to the

passage of vehicles, wholly or partially, for a period not exceeding 4 weeks and to give order of public closure by local public notice pursuant to s3.50 LGA.

2. Partially and temporarily close a thoroughfare, without giving public notice if the closure –

a) is for the purpose of carrying out repairs or maintenance; and

b) is unlikely to have a significant adverse effect on users of the thoroughfare;

pursuant to s3.50A LGA.

3. Give notice to the owners of the land or any land that is likely to be adversely affected, of any repairs or maintenance to be done, giving details of the proposal and inviting


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submissions pursuant to s3.51 LGA.

4. Inviting and awarding tenders

s3.57Local Government Act Regulation 11 – 24 Local Government (Functions and General) Regulations 1996

The CEO is delegated the exercise of powers and the discharge of duties to invite tenders and expressions of interest before entering into a contract for the supply of goods or services, pursuant to s3.57 LGA and the power to award tenders for a contract up to and including $200,000.00 exclusive of GST.

5. Entering into and renewing leases


The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA to lease, sub lease, renew or reassign a lease or property where the disposition is exempt under s3.58(5).

6. Disposal of Minor Property

s3.58 Local Government Act 1995 r30(3) Functions and General Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA, to dispose of property where the disposition is exempt under r30 Functions and General Regulations 1996.

7. Power to Make Payments

Part 6 Local Government Act 1995 Regulation 19 Local Government (Financial Management) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under Part 6 of the LGA to make payment from the Municipal Fund, the Trust Fund and the Reserve Fund in accordance with the Annual Budget to a variance of 10% from the budget and not more than an amount of $10,000.00.

8. Write off of debts

s6.12 Local Government Act

The CEO is delegated the exercise of powers and discharge of duties under s6.12 LGA to waive or grant concessions (excluding rate concessions) and to write off debts not exceeding $3,000.

9. Power to invest s6.14 Local Government Act Regulation 19 Local Government (Financial Management) Regulations 1996

The CEO is delegated the exercise of power and discharge of duties to invest surplus funds in accordance with s6.14 LGA, r19 Local Government (Financial Management) Regulations 1996 and Council’s adopted policies.

10. Agreement as to payment of rates and service charges


The CEO is delegated the exercise of power and discharge of duties under s6.49 LGA to accept payment of a rate or service charge due by a person in accordance with an agreement made with the person.

11. Rateable Land Exemptions

S6.26 Local Government Act 1995

The CEO is delegated the exercise of power and discharge of duties under s6.26 LGA, to determine rate exemption applications.

12. Taking action on unpaid rates


The CEO is delegated the exercise of power and discharge of duties under s6.64 LGA, to, if any rates or service charges remain unpaid for at least 3 years, take possession of the land and hold the land against a person having an estate or interest in the land, lease or sell the land, or transfer it to the Crown or itself.

13. Appointment of authorised persons

s9.10, 9.16-9.20, 9,29, 3.37-3.48 Local Government Act 1995

The CEO is delegated the exercise of powers and discharge of duties under s9.10 LGA to in writing, appoint persons or classes of persons to be authorised for the purposes of performing particular functions under the LGA, including the functions listed below:


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1. s9.16 LGA, to give an infringement notice for an offence committed against a regulation or any AMR Local Law made under the LGA.

2. s9.17 LGA, to receive payment from infringement notices for offences committed against a regulation or any AMR Local Law made under the LGA.

3. 9.20 LGA, to extend period of payment, withdrawal of notice for an offence committed against a regulation or any AMR Local Law made under the LGA.

4. s9.29 LGA, to represent the Shire of Augusta Margaret River in proceedings in the Magistrates Court, the Children’s Court or the State Administrative Tribunal.

5. s3.37 – 3.48 LGA, to impound abandoned vehicle wrecks and goods involved in certain contraventions.

6. s3.25 LGA, to give a person who is the owner, or the occupier of land a notice in writing requiring the person to do anything to the land that is specified in Schedule 3.1, and inform the owner if the occupier is not the owner of the notice given.

7. s3.26 LGA, where if the person who is given a notice fails to comply with it, the authorised officer may do anything that is considered necessary to achieve the purpose for which the notice was given and continue to undertake works that are not carried out by the owner or occupier and recover the costs as a debt.

Other Acts 14. LG

(Miscellaneous Provisions) Act 1960 – Impounding Cattle

Part XX LG (Miscellaneous Provisions) Act 1960

The CEO is delegated the exercise of powers and the discharge of duties to appoint persons authorisation to establish and maintain public pounds, and impound cattle in accordance with s448-449 LG (Miscellaneous Provisions) Act 1960, and to otherwise exercise the powers and discharge the duties of the local government under Part XX LG (Miscellaneous Provisions) Act 1960.

15. Building S127 Building Act 2011 Building Regulations 2012

The CEO is delegated the exercise of power and discharge of duties to approve or refuse to grant permits and issue Building Orders, pursuant to the Building Act 2011, sections as listed:






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16. Planning Local Government

Act 1995 Planning and Development Act 2005 Shire of Augusta Margaret River Local Planning Scheme 1.

Under Clause 82(1) of the Deemed Provisions of the Local Planning Scheme No.1 the CEO is delegated the exercise of power and discharge of duties to:

1. Make determinations on the sufficiency of information provided with applications for development approval pursuant to Clause 63 of the Deemed Provisions of LPS1.

2. Advertise and provide notice of applications for development approval pursuant to clause 64of the Deemed Provisions of LPS1.

3. Determine applications pursuant to Part 9 of the Deemed Provisions of LPS1 for development approval including:

a) any conditions to be imposed;

b) the period of validity of the approval; and

c) extension to the term of development approval pursuant to Clause 77 of the Deemed Provisions

where no variations to Council Policy or Scheme Standards are proposed.

4. Determine applications where variations to Development requirements of LPS1 pursuant to clauses 4.21.2 (variation to Building Envelope), 5.5 (variations to site development standards), 5.10.2 (variation to building envelopes), and 59 of the Deemed Provisions (Amendment of local development plan) are proposed.

5. Any matter prescribed under the Residential Planning Codes including variations and determinations under performance criteria.

6. Require the repair of any advertisement pursuant to


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clause 80 the Deemed Provisions of LPS 1

7. Prescribe, vary, specify and determine any requirements, standards or limitations which may be prescribed, varied, specified or determined under the Scheme with respect to the use or development of land or buildings where not inconsistent with Council Policy;

8. Accept and determine cash-in-lieu payments;

9. Determine amended applications for development approval lodged pursuant to clause 77 of the Deemed Provisions;

10. Make determinations to vary provisions pursuant to clause 12 of the Deemed Provisions of LPS1 to facilitate the conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990;

11. Make any determinations and exercise any discretionary powers contained within LPS1 and in any schedules of LPS1;

12. Determine land use pursuant to clause 4.4 of LPS1

13. Determine built strata applications that have been delegated to the Shire of Augusta Margaret River by the WAPC pursuant to Section 25(1) of the Strata Title Act 1985 and impose any relevant planning conditions.

14. Appoint officers authorisation to, at all reasonable times and with such assistance as may be required, enter any building or land for the purpose of ascertaining whether the provisions of the Scheme are being observed, pursuant to clause 79 of the Deemed Provisions of LPS1.

17. Directions under

s214 Planning and Development Act 2005

S214 Planning and Development Act 2005 and s5.42 Local Government Act 1995

The CEO is delegated the exercise of any of powers or the discharge of duties to give directions under the Planning and Development Act 2005 section 214(2), (3) and (5).

18. Functions under the Food Act 2008

S, 118, 122, 126, 38 Food Act 2008 Regulation 5 Food Regulations 2009

The CEO is delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, including the functions listed below:



The Manager Health, Waste and Ranger Services, Coordinator Environmental Health and Events, and Environmental Health Officers are delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, excluding the powers to appoint officers authorisation under s122 and designate authorised officers under s126 Food Act 2008.


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19. Bush fires, Prohibited burning times and prosecution of offences

s 17, 18,48 and s59 Bush Fires Act 1954

The CEO is delegated the exercise the powers and discharge of duties of any Local Government functions under the Bushfires Act 1954. The Shire President and the Chief Bushfire Control Officer are delegated authority to vary prohibited burning times under sections 17 and vary restricted burning times under sections 18 BFA. The Bush Fire Control Officers, Coordinator Ranger Services and Rangers are delegated authority to prosecute offences committee against this Act, and issue infringement notices pursuant to s59 & 59A BFA 1954.

20. Functions of the Cat Act 2011

S44 Cat Act 2011 The CEO is delegated the exercise of powers and discharge of duties to administer and enforce the provisions of the Cat Act 2011, and to appoint officers authorisation for the purposes of performing particular functions under the Act in accordance with s48 Cat Act 2011.

21. Administration and enforcement of the Dog Act 1976

S10AADog Act 1976 The CEO is delegated the exercise of powers and discharge of duties to administer and enforce the provisions of the Dog Act 1976, and to appoint officers authorisation for the purposes of performing particular functions under the Act in accordance with s10AA of the Dog Act 1976.

4. Updates all sub-delegations from the CEO to employees in accordance with the approved

delegations; 5. Notes that no Council Committees have any delegated authority under the Local Government Act

1995; 6. Authorises the CEO and other Officers, the exercise of powers and the discharge of any of its

duties under the various Acts, effective 1 July 2016, as listed below:

Legislation Authorisation

1. Health Act 1911 Under the provisions of s26 Health Act 1911 (as amended), the Council of the Shire of Augusta-Margaret River appoints the officers holding the following positions authorisation to discharge any of its powers and functions under the Health Act 1911 (as amended):

• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Environmental Health and Events • Environmental Health Officers

2. Control of

Vehicles (Off-road Areas) Act 1978

Under s38(3) Control of Vehicles (Off-road Areas) Act 1978, the Council of the Shire of Augusta-Margaret River appoints the officers holding the following positions authorisation to administer and enforce the provisions of the Control of Vehicles (Off-road Areas) Act 1978.

• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Ranger Services • Rangers

3. s9.49A LGA

1. Under section 9.49A(4, 5) Local Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Chief Executive Officer, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River.


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2. Under section 9.49A(4, 5) Local Government Act 1995, the Council of the Shire

of Augusta Margaret River authorises the Director Sustainable Development, Director Corporate and Community Services and Director Infrastructure Services, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River when the CEO is unavailable.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Register of Delegations – Delegations from Council 2. Register of Delegations – Delegations from CEO to Employees RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR SMART OM2016/96 That Council, having reviewed the delegations currently in place and noting the recommended amendments: 1. Delegates to the CEO under s5.42 LGA, the exercise of powers and the discharge of any of

its duties under the Local Government Act 1995, effective 1 July 2016, as listed below;

2. Delegates to the CEO and other Officers, the exercise of powers and the discharge of any of its duties under the other Acts, effective 1 July 2016, as listed below;

3. Revokes any current delegations not on the list as follows:

Title Relevant Legislation Delegations from Council Local Government Act 1995 1. Administrative

structure of the local government


The CEO is delegated the exercise of power and discharge of duties under s5.2 LGA to ensure there is an appropriate structure for administering local government including the power to change the structure as required to administer the local government.

2. Administering Local Laws

Part 3 & 9 Local Government Act 1995 All AMR Local Laws

The CEO is delegated authority to determine applications received in accordance with any AMR Local Law made under Division 2 of Part 3 LGA, to enforce the provisions of those local laws and to otherwise exercise the powers and discharge the duties of the local government under those local laws.

3. Closure of thoroughfares

s3.50, 3.50A & 3.51 Local Government Act 1995 Reg 4-6 Local Government (Functions and General) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties to: 1. Close any thoroughfare that the Shire manages to the

passage of vehicles, wholly or partially, for a period not exceeding 4 weeks and to give order of public closure by local public notice pursuant to s3.50 LGA.

2. Partially and temporarily close a thoroughfare, without giving public notice if the closure –

a) is for the purpose of carrying out repairs or maintenance; and

b) is unlikely to have a significant adverse effect on users of the thoroughfare;


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pursuant to s3.50A LGA. 3. Give notice to the owners of the land or any land that is likely to be adversely affected, of any repairs or maintenance to be done, giving details of the proposal and inviting submissions pursuant to s3.51 LGA.

4. Inviting and awarding tenders

s3.57Local Government Act Regulation 11 – 24 Local Government (Functions and General) Regulations 1996

The CEO is delegated the exercise of powers and the discharge of duties to invite tenders and expressions of interest before entering into a contract for the supply of goods or services, pursuant to s3.57 LGA and the power to award tenders for a contract up to and including $200,000.00 exclusive of GST.

5. Entering into and renewing leases


The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA to lease, sub lease, renew or reassign a lease or property where the disposition is exempt under s3.58(5).

6. Disposal of Minor Property

s3.58 Local Government Act 1995 r30(3) Functions and General Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under s3.58 LGA, to dispose of property where the disposition is exempt under r30 Functions and General Regulations 1996.

7. Power to Make Payments

Part 6 Local Government Act 1995 Regulation 19 Local Government (Financial Management) Regulations 1996

The CEO is delegated the exercise of powers and discharge of duties under Part 6 of the LGA to make payment from the Municipal Fund, the Trust Fund and the Reserve Fund in accordance with the Annual Budget to a variance of 10% from the budget and not more than an amount of $10,000.00.

8. Write off of debts

s6.12 Local Government Act

The CEO is delegated the exercise of powers and discharge of duties under s6.12 LGA to waive or grant concessions (excluding rate concessions) and to write off debts not exceeding $3,000.

9. Power to invest s6.14 Local Government Act Regulation 19 Local Government (Financial Management) Regulations 1996

The CEO is delegated the exercise of power and discharge of duties to invest surplus funds in accordance with s6.14 LGA, r19 Local Government (Financial Management) Regulations 1996 and Council’s adopted policies.

10. Agreement as to payment of rates and service charges


The CEO is delegated the exercise of power and discharge of duties under s6.49 LGA to accept payment of a rate or service charge due by a person in accordance with an agreement made with the person.

11. Rateable Land Exemptions

S6.26 Local Government Act 1995

The CEO is delegated the exercise of power and discharge of duties under s6.26 LGA, to determine rate exemption applications.

12. Taking action on unpaid rates


The CEO is delegated the exercise of power and discharge of duties under s6.64 LGA, to, if any rates or service charges remain unpaid for at least 3 years, take possession of the land and hold the land against a person having an estate or interest in the land, lease or


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sell the land, or transfer it to the Crown or itself.

13. Appointment of authorised persons

s9.10, 9.16-9.20, 9,29, 3.37-3.48 Local Government Act 1995

The CEO is delegated the exercise of powers and discharge of duties under s9.10 LGA to in writing, appoint persons or classes of persons to be authorised for the purposes of performing particular functions under the LGA, including the functions listed below: 1. s9.16 LGA, to give an infringement notice for an

offence committed against a regulation or any AMR Local Law made under the LGA.

2. s9.17 LGA, to receive payment from infringement notices for offences committed against a regulation or any AMR Local Law made under the LGA.

3. 9.20 LGA, to extend period of payment, withdrawal of notice for an offence committed against a regulation or any AMR Local Law made under the LGA.

4. s9.29 LGA, to represent the Shire of Augusta Margaret River in proceedings in the Magistrates Court, the Children’s Court or the State Administrative Tribunal.

5. s3.37 – 3.48 LGA, to impound abandoned vehicle wrecks and goods involved in certain contraventions.

6. s3.25 LGA, to give a person who is the owner, or the occupier of land a notice in writing requiring the person to do anything to the land that is specified in Schedule 3.1, and inform the owner if the occupier is not the owner of the notice given.

7. s3.26 LGA, where if the person who is given a notice fails to comply with it, the authorised officer may do anything that is considered necessary to achieve the purpose for which the notice was given and continue to undertake works that are not carried out by the owner or occupier and recover the costs as a debt.

Other Acts 14. LG

(Miscellaneous Provisions) Act 1960 – Impounding Cattle

Part XX LG (Miscellaneous Provisions) Act 1960

The CEO is delegated the exercise of powers and the discharge of duties to appoint persons authorisation to establish and maintain public pounds, and impound cattle in accordance with s448-449 LG (Miscellaneous Provisions) Act 1960, and to otherwise exercise the powers and discharge the duties of the local government under Part XX LG (Miscellaneous Provisions) Act 1960.


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15. Building S127 Building Act 2011 Building Regulations 2012

The CEO is delegated the exercise of power and discharge of duties to approve or refuse to grant permits and issue Building Orders, pursuant to the Building Act 2011, sections as listed:












16. Planning Local Government

Act 1995 Planning and Development Act 2005 Shire of Augusta Margaret River Local Planning Scheme 1.

Under Clause 82(1) of the Deemed Provisions of the Local Planning Scheme No.1 the CEO is delegated the exercise of power and discharge of duties to:

1. Make determinations on the sufficiency of information provided with applications for development approval pursuant to Clause 63 of the Deemed Provisions of LPS1.

2. Advertise and provide notice of applications for development approval pursuant to clause 64of the Deemed Provisions of LPS1.

3. Determine applications pursuant to Part 9 of the Deemed Provisions of LPS1 for development approval including:

a) any conditions to be imposed;

b) the period of validity of the approval; and

c) extension to the term of development approval pursuant to Clause 77 of the Deemed Provisions

where no variations to Council Policy or Scheme


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Standards are proposed.

4. Determine applications where variations to Development requirements of LPS1 pursuant to clauses 4.21.2 (variation to Building Envelope), 5.5 (variations to site development standards), 5.10.2 (variation to building envelopes), and 59 of the Deemed Provisions (Amendment of local development plan) are proposed.

5. Any matter prescribed under the Residential Planning Codes including variations and determinations under performance criteria.

6. Require the repair of any advertisement pursuant to clause 80 the Deemed Provisions of LPS 1

7. Prescribe, vary, specify and determine any requirements, standards or limitations which may be prescribed, varied, specified or determined under the Scheme with respect to the use or development of land or buildings where not inconsistent with Council Policy;

8. Accept and determine cash-in-lieu payments;

9. Determine amended applications for development approval lodged pursuant to clause 77 of the Deemed Provisions;

10. Make determinations to vary provisions pursuant to clause 12 of the Deemed Provisions of LPS1 to facilitate the conservation of a place entered in the Register of Places under the Heritage of Western Australia Act 1990;

11. Make any determinations and exercise any discretionary powers contained within LPS1 and in any schedules of LPS1;

12. Determine land use pursuant to clause 4.4 of LPS1

13. Determine built strata applications that have been delegated to the Shire of Augusta Margaret River by the WAPC pursuant to Section 25(1) of the Strata Title Act 1985 and impose any relevant planning conditions.

14. Appoint officers authorisation to, at all reasonable times and with such assistance as may be required, enter any building or land for the purpose of ascertaining whether the provisions of the Scheme are being observed, pursuant to clause 79 of the Deemed Provisions of LPS1.

17. Directions under

s214 Planning and Development Act 2005

S214 Planning and Development Act 2005 and s5.42 Local Government

The CEO is delegated the exercise of any of powers or the discharge of duties to give directions under the Planning and Development Act 2005 section 214(2), (3) and (5).


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Act 1995 18. Functions under

the Food Act 2008

S, 118, 122, 126, 38 Food Act 2008 Regulation 5 Food Regulations 2009

The CEO is delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, including the functions listed below:



The Manager Health, Waste and Ranger Services, Coordinator Environmental Health and Events, and Environmental Health Officers are delegated the exercise of powers and discharge of duties of any Local Government functions under the Food Act 2008, excluding the powers to appoint officers authorisation under s122 and designate authorised officers under s126 Food Act 2008.

19. Bush fires,

Prohibited burning times and prosecution of offences

s 17, 18,48 and s59 Bush Fires Act 1954

The CEO is delegated the exercise the powers and discharge of duties of any Local Government functions under the Bushfires Act 1954. The Shire President and the Chief Bushfire Control Officer are delegated authority to vary prohibited burning times under sections 17 and vary restricted burning times under sections 18 BFA. The Bush Fire Control Officers, Coordinator Ranger Services and Rangers are delegated authority to prosecute offences committee against this Act, and issue infringement notices pursuant to s59 & 59A BFA 1954.

20. Functions of the Cat Act 2011

S44 Cat Act 2011 The CEO is delegated the exercise of powers and discharge of duties to administer and enforce the provisions of the Cat Act 2011, and to appoint officers authorisation for the purposes of performing particular functions under the Act in accordance with s48 Cat Act 2011.

21. Administration and enforcement of the Dog Act 1976

S10AADog Act 1976 The CEO is delegated the exercise of powers and discharge of duties to administer and enforce the provisions of the Dog Act 1976, and to appoint officers authorisation for the purposes of performing particular functions under the Act in accordance with s10AA of the Dog Act 1976.

4. Updates all sub-delegations from the CEO to employees in accordance with the approved

delegations; 5. Notes that no Council Committees have any delegated authority under the Local

Government Act 1995; 6. Authorises the CEO and other Officers, the exercise of powers and the discharge of any of

its duties under the various Acts, effective 1 July 2016, as listed below:

Legislation Authorisation

1. Health Act 1911 Under the provisions of s26 Health Act 1911 (as amended), the Council of


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the Shire of Augusta-Margaret River appoints the officers holding the following positions authorisation to discharge any of its powers and functions under the Health Act 1911 (as amended):

• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Environmental Health and Events • Environmental Health Officers

2. Control of

Vehicles (Off-road Areas) Act 1978

Under s38(3) Control of Vehicles (Off-road Areas) Act 1978, the Council of the Shire of Augusta-Margaret River appoints the officers holding the following positions authorisation to administer and enforce the provisions of the Control of Vehicles (Off-road Areas) Act 1978.

• Chief Executive Officer • Director Sustainable Development • Manager Health, Waste and Ranger Services • Coordinator Ranger Services • Rangers

3. s9.49A LGA

3. Under section 9.49A(4, 5) Local Government Act 1995, the Council of the Shire of Augusta Margaret River authorises the Chief Executive Officer, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River.

4. Under section 9.49A(4, 5) Local Government Act 1995, the Council of the

Shire of Augusta Margaret River authorises the Director Sustainable Development, Director Corporate and Community Services and Director Infrastructure Services, to sign and execute deeds and other documents on behalf of the Shire of Augusta Margaret River when the CEO is unavailable.

CARRIED BY ABSOLUTE MAJORITY 7/0


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11.1.2 AUTHORISATION TO EXECUTE A DOCUMENT BY COMMON SEAL LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE LND/149 REPORT AUTHOR David Nicholson, Manager Asset Services AUTHORISING OFFICER Johan Louw, Director Infrastructure Services IN BRIEF • The Shire has obtained a Recreational Boating Facilities Scheme (RBFS) Round 21 grant for

construction of boat trailer parking bays and a turnaround at the Ellis Street boat ramp in Augusta. • The RBFS Funding Agreement for this project was received on 14 June 2016 and requires

authorisation by Council decision to affix the Shire of Augusta Margaret River common seal. • The Department of Transport requires the signed and sealed grant agreement to be returned by 6

July 2016 or the grant will lapse. RECOMMENDATION That Council authorises the affixing of the common seal of the Shire of Augusta Margaret River to the “Recreational Boating Facilities Scheme Funding Agreement for Works Project.” LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In 2009 the Local Government Act 1995 was amended to include s9.49A Execution of Documents:

“A document is duly executed by the local government if -

(a) the common seal of the local government is affixed to it.

(b) it is signed on behalf of the local government by a person or persons authorised to do so”

In relation to part (a) above, the common seal of the local government is not to be affixed to any document except as authorised by the local government in a Council decision, and the affixing of the seal must be done so in the presence of the President and CEO or a senior employee authorised by the CEO, each of whom are to sign the document to attest that the common seal was affixed (s9.49A(3) LGA). In relation to part (b) above, the local government may, by resolution, authorise the CEO, another employee or agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation (s9.49A(4) LGA). The signing by the CEO (or Directors when CEO is unavailable) on behalf of the Shire to execute a document, by virtue of s9.49A LGA, has the same effect as affixing the AMRS common seal. Notwithstanding this, there will be circumstances where affixing the Shire’s common seal will be required in the execution of a document (i.e. Government Departments will generally require the affixing of the Shire’s common seal). A register of documents executed by the affixing of the Shire’s common seal is being maintained.


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CONSULTATION AND ADVICE External Consultation Department of Local Government and Communities Department of Transport Internal Consultation CEO DISCUSSION / OFFICER COMMENTS In accordance with s9.49a Local Government Act, any document requiring execution by common seal must have authorisation by Council decision. The following document requires the affixing of the Shire’s common seal for execution: “Recreational Boating Facilities Scheme Funding Agreement for Works Project" by 5 June 2015. This document relates to the provision of a $166,955 RBFS Round 21 grant towards the costs of construction of 20 boat trailer parking abys and a turnaround at the Ellis Street boat ramp precinct in Augusta. The total cost of the project is $222,606 and the Shire is contributing 25% ($55,651). The boat trailer parking was recommended in the Ellis Street Jetty Precinct Development Concept Plan that has previously been adopted by Council. The Shire also has a Round 20 RBFS grant for construction of a universal access floating finger jetty adjacent to the Ellis Street boat ramp. Construction of the jetty has been delayed by the need to obtain a Section 18 permit to disturb a registered aboriginal site (the Blackwood River). Executing this document is necessary before the project can proceed and will enable the Department of Transport (DoT) to release the grant funds when the project is completed. The DoT requires the signed and sealed grant agreement to be returned by 6 July 2016 or the grant will lapse. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS 9.49A. Execution of documents

(1) A document is duly executed by a local government if —

(a) the common seal of the local government is affixed to it in accordance with subsections (2) and (3); or

(b) it is signed on behalf of the local government by a person or persons authorised under subsection (4) to do so.

(2) The common seal of a local government is not to be affixed to any document except as authorised by the local government.

(3) The common seal of the local government is to be affixed to a document in the presence of —

(a) the mayor or president; and

(b) the chief executive officer or a senior employee authorised by the chief executive officer,

each of whom is to sign the document to attest that the common seal was so affixed.

(4) A local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

(5) A document executed by a person under an authority under subsection (4) is not to be regarded as a deed unless the person executes it as a deed and is permitted to do so by the authorisation.

(6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed unless the contrary is shown.


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(7) When a document is produced bearing a seal purporting to be the common seal of the local government, it is to be presumed that the seal is the common seal of the local government unless the contrary is shown.

[Section 9.49A inserted by No. 17 of 2009 s.43.]

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing growth sustainably Community Outcome 1: Clearly defined areas for growth and renewal Strategic Response 1.2: Ensure new communities are developed using ecologically sustainable development principles Service level strategy/plan 3.1.2.4: Construct the finger jetty with Recreational Boating Facilities Scheme (RBFS) grant funding and apply for RBFS grant funding for construction of boat trailer parking at the Ellis Street boat ramp. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The income and expenditure associated with this project is included in the draft 2016/17 budget: • Income: Account CRG17 - $167,000 • Expenditure: Account FFS20 - $223,000 SUSTAINABILITY IMPLICATIONS Specific authorisations by Council decision to execute documents by affixing the Shire’s common seal ensure compliance with legislation and minimise corporate risk. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council authorises the affixing of the common seal of the Shire of Augusta Margaret River to the “Recreational Boating Facilities Scheme Funding Agreement for Works Project.” ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Covering Letter from Department of Transport

RECOMMENDATION / COUNCIL DECISION CR SMART, CR HASTIE OM2016/97 That Council authorises the affixing of the common seal of the Shire of Augusta Margaret River to the “Recreational Boating Facilities Scheme Funding Agreement for Works Project.”

CARRIED 7/0


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PROCEDURAL MOTION / COUNCIL DECISION CR KENNAUGH, CR TOWNSHEND OM2016/98 That the meeting be adjourned for ten minutes.

CARRIED 7/0 The meeting then adjourned at 6.45pm Councillors returned to the Chambers and the meeting resumed at 6.54pm


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11.2. Sustainable Development


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11.2.1 PROPOSED EXTRACTIVE INDUSTRY - LOT 68 TANAH MARAH ROAD, BRAMLEY LOCATION/ADDRESS Lot 68 Tanah Marah Road, Bramley APPLICANT/LANDOWNER BCP/Minerals/Stuart & Carly Threadgold FILE REFERENCE PTY/11901, P215624 REPORT AUTHOR Matt Slocomb, Senior Planning Officer AUTHORISING OFFICER Nick Logan, Acting Director Sustainable Development IN BRIEF • A Development application has been received for an Extractive Industry to be located at Lot 68

Tanah Marah Road, Bramley. • Extraction is proposed over a total area of 34.3ha, with approximately 514,500m³ of sand to be

extracted. The extraction is proposed over a 10 year period and rehabilitation to pasture is proposed.

• During advertising a total of 26 public submissions were received, all objecting to the proposal. • In response the applicant has provided alternative transport routes to service the proposal. • The modifications to the proposal are considered to be an appropriate response to the issues

that were raised. RECOMMENDATION That Council issues approval for an Extractive Industry at Lot 68 Tanah Marah Road, Bramley subject to conditions. LOCATION PLAN

SITE DECRIPTION Lot 68 Tanah Marah Road is located on the southern side of Tanah Marah Road, approximately 8km north east of the Margaret River town site. The site is approximately 44.6ha in area and is currently used as a blue gum plantation, with a small stand of remnant vegetation located in the north east


42

corner of the site. There are two water courses located on the property and the site falls from the north to the south between 7 – 15m. BACKGROUND Relevant history associated with this site is summarised below: July 1993 Approval issued for an Extractive Industry for the removal of Quartz Grit from

the parent lot (Location 1716). The application detailed that extraction was already occurring at the site, and in this respect it is difficult to determine the date in which this activity commenced.

December 1996 Application lodged for a 4 lot subdivision of parent lots (Locations 1731 & 1732) located to the north east of the subject site.

March 1997 Subdivision Application approved, condition included (Condition 3) requiring the satisfactory upgrade of Wirring and Tanah Marah Roads. The condition specified the construction of the north/south alignment of Tanah Marah Road (still unconstructed) as well as the re-sheeting of the east west alignment of Tanah Marah Road. The road upgrade condition was subsequently appealed and upgrade requirement reduced to a 50% contribution to the re-sheeting of the east/west section of Tanah Marah Road. This proposal was never implemented.

March 1999 Subdivision application received for a 6 lot subdivision of parent Lots 1733, 1717, 1716 and 3056 Tanah Marah and Wirring Roads (WAPC reference 109889) which involved the creation of the subject site (Lot 68). Subdivision originally not supported by the Shire.

May 1999 The Shire recommended, and the WAPC imposed, a condition requiring the full upgrade of the east/west alignment of Tanah Marah Road to a 6m wide gravel standard.

May 1999 Road upgrade contribution appealed and subsequently condition reduced to being a contribution for the upgrade of the east west extent of Tanah Marah Road to a value of $19,250 (50% cost of the figure provided by the Shire being $38,500). Contribution paid and Lot 68 created.

January 2006 Approval issued for a hardwood plantation over Lot 68.

THE PROPOSAL The proposal is summarised as follows: • Operating hours are between 7am to 7pm Monday to Friday, 7am to 1pm on Saturdays and

closed Sundays and Public Holidays; • The use involves the extraction of sand; • Extraction over a total area of 34.3ha, with approximately 514,500m³ of sand to be extracted

subject to demand; • Equipment used includes a front end loader, the occasional use of an excavator and portable

screening plant; • Material/stockpiles up to 2m high will be stored within the extraction area; • The top soil removed is proposed to be stock piled in 2m high bunds along the eastern sides of

the extraction cell areas; • Excavation is proposed according to a staging plan consisting of approximately 2ha stages for an

estimated 10 year duration; • On average there will be 20 truck vehicle movements per day; and • Rehabilitation to pasture is proposed. There have been several changes to the proposal through the application process, particularly relating to the intended haulage route. Initially, the proposal was submitted with the use of the


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east/west alignment of Tanah Marah Road, which was subsequently changed to the use of the unconstructed north/south portion of Tanah Marah Road with access to Bussell Highway via Wirring Road. Prior to the commencement of the consultation process the haulage route was changed back to the east – west alignment of the Tanah Marah Road to Bussell Highway. The application and staging plan is enclosed at Attachment 1. CONSULTATION AND ADVICE External Consultation The proposal was advertised to properties within a 1km radius of the subject site and to relevant authorities. A summary of the key issues raised throughout consultation are provided below (it should be noted that the proposal was advertised with Tanah Marah Road as the sole haulage route): • Concern in respect to the state of Tanah Marah Road and inadequacy of the road to safely

accommodate haulage associated with the use; • Concerns that any road widening would result in an significant environmental and landscape

amenity impact; • Concerns in respect to conflict with land use in the locality, which has undergone a transition

from predominantly rural to more tourism and lifestyle orientated uses (the diversity of which is not reflected in the report accompanying the application);

• Visual impact on the landscape amenity of the locality particularly given the removal of the blue gums which create a visual barrier to the proposed use;

• Concern in respect to noise pollution and operating hours associated with the use, inclusive of haulage;

• Concern in respect to likelihood of use intercepting the water table, particularly following the removal of the blue gum plantation;

• Concerns in respect to dust management both on site and along the Tanah Marah Road haulage route.

A schedule of submissions is enclosed as Attachment 2. Agency Consultation The proposal was referred to the Department of Mines and Petroleum and Main Roads who had no objection to the proposal. In response to the proposal, the Department of Water identified the following risks associated with the use: • Potential turbidity impacts on Bramley Brook and Margaret River downstream, if erosion mobilises

sediments into the onsite waterways. • Risk of on-site spills (hydrocarbons and other chemicals) during refuelling and minor servicing. • Extractive activities intercepting the water table, contaminating the groundwater resource,

particularly in low-lying areas. • Lack of water to meet the needs of the operation, e.g. dust suppression. Advice provided by the Department of Water requested the provision of a further hydrogeological assessment to be undertaken on the site, particularly given that the test pit locations were situated at higher locations which would reduce the probability of intercepting the water table. Additionally there was concern that the location of the water table may change with the harvesting of the blue gums, thereby not providing an accurate representation of the seasonal groundwater level on the property. The proposal was also referred to the Department of Environmental Regulation and Department of Parks and Wildlife. The Department of Environmental Regulation indicated that a works approval may be required for the proposed use. Department of Parks and Wildlife stated that they were supportive of the 15m buffers proposed around the watercourses on the property. In addition to the above, in order to avoid hydric soils, the Department of Parks and Wildlife requested that extraction not occur below the 106m contour. Given that the additional test pits provided on the updated plan are not below the 106m contour, a condition


44

is recommended restricting extraction to above this contour until such time that a hydrogeological assessment is provided demonstrating that sufficient clearance from the water table in this area. INTERNAL CONSULTATION Infrastructure Comment was sought from the Shire’s Infrastructure Directorate in respect to the haulage routes proposed, being the east – west constructed component of Tanah Marah Road and the use of Wirring Road both north and south to Bussell Highway. In respect of this proposal, the Shire’s Infrastructure Directorate undertook an assessment of the respective haulage routes which is summarised below. For Tanah Marah Road, the traffic count data shows a mix of both residential and heavy vehicles, with a total of 155 vehicles recorded over the weekday period. The road environment fluctuates over the approximate 5.3km length of Tanah Marah Road from Bussell Highway to the end of the built road reserve (Lot 70, Tanah Marah Road). The road width, heading east on Tanah Marah Road, from Bussell Highway ranges from 5.7m at the western end, to 3.9m (through the S bend section) and narrows down to 2.5m before terminating at Lot 70. The fluctuating road widths are due to a combination of large native trees located along the road reserve and culvert locations along the road alignment. The width of the vehicles used in the extraction are likely to be around 2.4m to 2.5m in width, and considering the traffic count data there is a good probability of two heavy vehicles needing room to pass each other safety, which supports the view that upgrades are required as an outcome of the proposed use. In respect to Wirring Road, from Osmington Road (heading north) a 6m wide seal exists for the first 600m before narrowing down to a 3.9m seal with 1m gravel shoulders. Wirring Road varies in width from 6m to 4.5m and is partially gravel seal and partial bitumen sealed. Osmington Road is considered to be of a suitable standard therefore no upgrade works would be required along this section. Further discussion in respect to the haulage route is contained in the comment section of this report. Environmental Health The Shire’s Environmental Health staff have raised concerns in respect to the proximity of the dwellings to the south east and west of the site. Given the proximity of the dwellings within the 500m, the use may not comply with the requirements of the Environmental Protection (Noise) Regulations 1997. In this respect there were a number of options in proceeding with the proposal discussed with the applicant: 1. Amending the extraction area to achieve 500m separation distances from the adjacent dwellings.

2. Provide a noise impact assessment prior to determination to provide data on noise emissions

associated with the proposed use and to determine the separation distances required comply with the Regulations.

3. Proceed with the application with a 500m exclusion zone around nearby dwellings, within which

extraction cannot occur until such time that a noise impact assessment is provided to demonstrate that the use is capable of being compliant.

In respect to the above options, the applicant has indicated that the preference would be to proceed on the basis of No.3 above; accordingly a condition has been included to this effect. Environment Initial comments provided by the Shire’s Environmental staff involved the request of additional information pertaining to a staging plan (inclusive of stormwater basins and stockpile locations to be constructed within each cell), groundwater and surface water management, all of which were provided by the applicant to the satisfaction of the Shire.


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The Shire’s Environmental staff also raised concerns with respect to the clearing of roadside vegetation which would be required to facilitate access along the east/west portion of Tanah Marah Road. DISCUSSION / OFFICER COMMENTS A summary of the key issues associated with the proposal are discussed below. These components have arisen out of the consultation process and assessment against the Shire’s Local Planning Policy No.3 Extractive Industries (LPP 3). Amenity/Buffers In accordance with LPP3, development is to be located away from sensitive land uses unless appropriate measures can be taken to ameliorate adverse impacts. LPP3 requires a default buffer distance of 500m for sand and limestone extraction areas to sensitive land use where no grinding or milling is involved. There are three properties located within the 500m buffer from the proposed operation, and on this basis the proposal needs to be considered against the relevant ‘performance criteria’ of the policy. The guidance note provided by the EPA pertaining to Separation Distances Between Industrial and Sensitive Land Uses sets out a separation distance of 300m to 500m depending on the scale of the operation. This is applied dependant on the context and nature of the use (size, topography, screening etc.) which does not immediately obviate impacts, particularly in respect to the proposal complying with the Environmental Protection (Noise) Regulations 1997. In respect the above requirements and the comments provided by the Shire’s Environmental Health Team, it is considered appropriate in this case that a 500m exclusion zone be required around nearby dwellings, within which extraction cannot occur until such time that a noise impact assessment is provided to demonstrate that the use is capable of being compliant. This will bring the proposal into compliance with LPP3 and will ensure impacts on the adjoining properties are acceptable. Environment The site based environmental impacts associated with the proposal are generally confined to groundwater management, given that no native vegetation is proposed to be removed (note that this does not include the Tanah Marah Road haulage route which will result in vegetation removal). In response to the initial comments provided by the Department of Water, further data has been provided which includes test pits positioned in the lower lying areas of the subject site. The updated data has indicated that the proposed use would be unlikely to intercept ground water during the extraction stage. The Department of Parks and Wildlife have indicated that extraction should not occur below the 106m contour given the presence of Hydric Soils (soils permanently or seasonally saturated with water) below that contour. As discussed previously, given that the test pit locations provided on the updated plan have not tested below the 106m contour, a condition is recommended restricting extraction to above this point until such time that a hydrogeological assessment is provided demonstrating that the use will achieve sufficient clearance from the water table in this area. It is noted that the proponent has provided 15m buffers around the watercourses located on the property, however detail has not been provided as to the specific treatment of these areas. The role of these vegetated buffers is to provide physical barriers to prevent sediment discharge into the watercourses on the property. In order for the buffers to serve this purpose they need to be adequately rehabilitated. Accordingly a condition is recommended requiring the rehabilitation of the 15m wide watercourse buffer areas on the site. In addition to the above, a standard condition of planning approval will be recommended requiring works to cease and rehabilitation to occur should the water table be intercepted. Transport The proposal involves 20 vehicle movements per day (10 trucks) involving 6 wheeler trucks and semi tippers. Road trains are not proposed to be used in the extraction. In response to the outcomes of the consultation process, the applicant has proposed three haulage routes as summarised below:


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• Use of the east/west alignment of Tanah Marah Road to Bussell Highway; • Use of adjoining Lot 70 to access Wirring Road, in a northern direction to the Bussell Highway

intersection south of Cowaramup; • Use of adjoining Lot 70 to access Wirring Road, in a southern direction to Osmington Road, then

proceed west along Osmington Road to Bussell Highway north of Margaret River. The applicant has not provided a break down or allocation as to the number of vehicle movements attributed to each route, which will be related to the location of demand for the resource at any time. Main Roads WA acknowledges that entry onto Bussell Highway from Wirring Road, Tanah Marah Road and Osmington Road respectively is acceptable. In both cases, the combination of the width of the haulage vehicles and the varied use of both routes, a 6m width is considered the minimum requirement to facilitate the safe movement of vehicles. In the case of Tanah Marah Road this will involve widening to a 6m gravel standard, inclusive of associated drainage and clearing works. In the case of Wirring Road, shoulder works will be required on sealed sections where the widths are insufficient and widening in the gravel sections as is the case with Tanah Marah Road. Like Tanah Marah Road, this would include any drainage works that may be required to allow for the widening to occur. Of the proposed haulage routes, the Tanah Marah alignment is considered to result in the greatest degree of impact through road upgrade requirements. The narrow width of the east/west section of Tanah Marah Road would require widening that would impact on amenity and environmental values. A number of considerable sized Karri trees would need to be removed to achieve the minimum road standard, which is also likely to be cost prohibitive for the proponent. On this basis the use of the Tanah Marah Road alignment is not supported. Accordingly a condition is recommended excluding the Tanah Marah Road haulage route from any approval. The use of the Wirring Road alignments is considered to be the preferred outcome in this instance and is enforceable given the haulage operation will be undertaken by the same entity undertaking the extraction. The proponent has submitted a licence agreement for access to Wirring Road across adjacent Lot 70. This licence agreement was drafted in consultation with the neighbour; however, the agreement has not yet been signed by all parties. The licence agreement establishes a lease agreement over Lot 70. Whilst the licence is sufficient for the purposes of advancing the development assessment, it does not ensure access should ownership change on the adjoining Lot 70, given that the agreement is with the current owners. New owners will not be compelled to enter the agreement, and this will prevent the continuation of the use. Accordingly conditions are recommended to ensure that appropriate legal arrangements are put in place prior to the commencement of the use. In this respect an easement is required, as it runs with the land and will not be impacted by a change of ownership. This will also secure access for the duration of the use. The licence agreement also has a 5 year term, following which it can be renewed. On this basis a 5 year approval term is recommended to correspond with current agreement for access over Lot 70. In addition to the above a condition is recommended in relation to the upgrade requirements requested by the Shire’s Infrastructure Directorate, which is consistent with clause AD1.5.3 of LPP 3 that requires either a road maintenance agreement or financial contributions are sought to upgrade roads where necessary to improve the standard of access. Additionally, part of Wirring and Osmington Roads are used as school bus routes. In order to avoid conflict with school busses a condition will be enclosed prohibiting haulage within the operating times of the bus service. Visual Management There is limited information provided in the application report in terms of the visual management measures being undertaken as part of the proposal, which is required in accordance with clause AD1.4.1 of LPP 3. The main area of concern in this respect is the southern boundary, which given the topography of the broader locality will be visible from Osmington Road, which serves as both a rural road and tourist route. In accordance with LPP3, the proposal is to be assessed in accordance with the visual management guidelines of the Shire’s Local Planning Strategy. The potential visual impact from


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Osmington Road can be appropriately mitigated by buffer planting along the southern boundary of the Site. A landscape plan will be required and thereafter implemented specifically addressing the visual impact of the proposal from the south (along Osmington Road). In addition to the above, screening vegetation will also be required where topsoil bunding is not being provided. This will improve the visual amenity of the development form adjoining properties. It is expected that the visual buffer for a proposal to be in operation for 5 years would be in the order of 10m dependant on the plant spacing and species used. PLANNING FRAMEWORK Local Planning Scheme No.1 The Site is zoned Priority Agriculture under LPS1. An Extractive Industry in an ‘A’ use within the Priority Agricultural zone which means that the use can be approved following consultation. A 30m front boundary and 20m side and rear boundary setbacks apply to development within the Priority Agriculture Zone. The proposal does not comply with these requirements, with a 10m setback being provided to all external boundaries of the site where extraction is proposed. It is considered that once the blue gum plantation has been removed that there will be limited screening provided from adjoining properties. In this respect, a 10m setback is only supported on the basis that landscaping is provided to assist with screening the use from adjoining properties. A 10m setback would allow for a firebreak as per the Shire’s Firebreak and Fuel Hazard Reduction Notice with the balance provided with screen planning where necessary. SPP2.5 – Rural Land Use Planning The policy recognises the need to extract basic raw materials and recommends that “these activities be regarded as generally acceptable, subject to assessment on their individual merits in rural areas”. SPP4.1 – State Buffer Policy The policy explains the need for buffers and principles behind establishing buffers. The policy also provides guidance for decision making authorities in considering development or planning proposals in a buffer area. LPP 3 – Extractive Industries The Shire’s LPP 3 provides for ‘acceptable development’ criteria for the assessment of extractive industries, as well as performance criteria for which discretionary components of the proposal will need to be assessed against. A summary of the assessment of the proposal has been provided below: Acceptable Requirement Comment Amenity Development is located away from sensitive land uses unless appropriate measures can be taken to ameliorate adverse impacts. Hours of operation are limited to 7am to 7pm Monday to Friday and 7am to 1pm on Saturday. No operation on recognised public holiday days. Extraction of material occurs from only one site per property at any one time. Sites are filled with clean material only.

Does not comply, located within 500m of 3 dwellings and may have a visual impact on the adjacent commercial uses. Addressed through buffer planting requirements and 500m setback from dwellings applying unless suitable noise management can be demonstrated. Complies. Complies. Complies – stockpiled topsoil to be used in rehabilitation.


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Environment Development does not prejudicially effect native flora and fauna; groundwater quality, quantity and use; surface drainage and surface water quality including discharge of sediment and sites of cultural and/or historic significance on or near the land. Dieback is managed in accordance with Best Practice Guidelines – Management of Phytophthora Dieback in Extractive Industries (2005 – Dieback Working Group). Sites can be suitably rehabilitated in accordance with an agreed management plan.

No native vegetation impact affected on site. May occur if Tanah Marah Road used for haulage. Issues associated with Groundwater discussed in the Comment section of the report. A Dieback Management Plan has been provided and is considered to be sufficient for the subject proposal. Compiles. Complies.

Buffers Sand and limestone extraction no grinding or milling works. Requires a buffer distance of 500m.

Does not comply; refer to discussion in Amenity/Buffers section of report.

Visual Impact Development is to be visually inevident in the landscape when viewed from major tourist routes. Outside of major tourist routes, development is to comply with the visual management guidelines of the Shire’s Local Planning Strategy and State Planning Policy 6.1 – Leeuwin Naturaliste Ridge (if applicable).

Not applicable Refer to discussion section of report in relation to buffer planting.

Transport Development is located in proximity to heavy haulage routes. Development which does not utilise school bus routes for haulage purposes. Development where a road maintenance agreement has been entered into with the Shire prior to operation, or where financial contributions have been made to ensure the upgrading of roads where necessary to improve the standard of access.

Complies. Wirring and Osmington Roads are school bus routes and therefore operations will be restricted by condition to avoid conflicts. Refer to Comment section of report.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The following legislation is also relevant to operation of future extraction: • Environmental Protection (Noise) Regulations 1997. • Mines Safety and Inspection Act 1994. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing Growth Sustainably Community Outcome 3.1: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No.1 Service level strategy/plan: Provide planning services


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FINANCIAL IMPLICATIONS If Council resolves to refuse the application the Applicant has the right to apply to the State Administrative Tribunal for a review of Council’s decision. This would have financial implications to the Shire through the dedication of staff resources. Expenses associated with road upgrades for the proposed haulage routes will be either undertaken or paid for by the applicant through a condition of planning approval. SUSTAINABILITY IMPLICATIONS Environmental Environmental impacts can be mitigated by conditions ensuring: • the development does not intercept the water table; and • creeklines will be protected through setbacks and rehabilitation. Additionally, it is considered that use of the Wirring Road routes as opposed to Tanah Marah Road will result in a reduced environmental impact given the limited clearing associated with these routes. Social Based on the outcome of the consultation process it is noted that the proposal has the capacity to impact on adjoining and nearby property owners. On this basis, the proposal been modified to address the main issues which has arisen as an outcome of the proposed haulage route. Likewise, it is considered that through the imposition of conditions of planning approval that other impacts associated with the noise and landscape amenity can be appropriately managed. Economic Basic raw materials such as clean fill are of high importance in the context of residential development and are a contributing factor the growth and economic development of the locality. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council issues planning approval for an Extractive Industry at Lot 68 Tanah Marah Road, Bramley subject to compliance with the following: 1. The development is to be carried out in compliance with the plans and documentation listed

below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications P1 – P6 received at the Shire on 6 May 2016.

2. This approval is valid for a period of five (5) years starting on the date this approval is granted.

3. The use of Tanah Marah Road for haulage is prohibited and does not form part of this approval.

4. Prior to the commencement of the use, an access easement is to be put in place over an

agreed alignment on Lot 70 Wirring Road, in favour of Lot 68 Tanah Marah Road, Bramley.

5. The extractive industry, including site construction, shall not operate outside the hours of 7am and 7:00pm Monday to Friday and 7am to 1pm on Saturday. The extractive industry shall not operate on Sundays or public holidays.

6. Extraction shall not occur within 500m of the dwellings located at 772 (Lot 69) and 790 (Lot 13)

Wirring Road and Lot 671 Tanah Marah Road until such time that a noise impact assessment is provided to demonstrate that the use is capable of operating in compliance with the Environmental Protection (Noise) Regulations 1997.


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7. Extraction shall not occur below the 106m contour until such time that a hydrogeological report is provided demonstrating that extraction below the 106m contour will not intercept the water table.

8. Trucks shall not utilise Wirring and Osmington Road during School Bus operating times.

9. The Proponent shall implement, to the satisfaction of the Shire, all measures necessary to prevent erosion or airborne transmission of soil (dust control) from the development.

10. Surface water runoff from the site shall be contained onsite and appropriate measures shall be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or public drainage system. (see advice note ‘b’ ).

11. Areas of native vegetation shall be retained and must not be damaged by any works including the placement of fill, rubble, rubbish or any other material, nor is any removal, clearing or damage to occur to any vegetation. A minimum 5m buffer from tree crown drip zones shall be provided to prevent damage to roots and accidental machinery damage.

12. A visual screen/buffer shall be planted along the southern boundary of Lot 68 Tanah Marah Road, areas of the site where topsoil bunds are not being provided and within 15m of the watercourses on the property. The vegetation screen/buffer shall be established in accordance with an approved landscaping plan and planting of the buffer shall be completed within 60 days of the approval of the Landscape Plan (see advice note ‘c’).

13. A Landscape Plan shall be prepared to the satisfaction of the Shire by a suitably qualified and/or experienced landscape consultant for the visual buffer required under condition 12. The Landscape Plan shall be submitted to the Shire for approval prior to the commencement of works. (see advice note ‘l’)

14. Extraction is confined to one cell at any given time.

15. Rehabilitation shall commence immediately upon completion of extraction from a cell and prior

to commencement of extraction of subsequent cells. Rehabilitation shall be completed within 90 days of cell completion or as otherwise agreed to by the Shire.

16. All excavation areas shall be rehabilitated to the satisfaction of the Shire within 12 months from

the expiry date of this approval or within 12 months of depletion of the recourse. (see advice note ‘g’) (P)

17. The excavation shall not intercept the water table, and works must immediately cease should

this occur. (see advice note ‘d’) 18. There shall be no standing water occurring at the end of the extractive operation. (see advice

note ‘d’)

19. Satisfactory arrangements being made with the Shire for the upgrading of Wirring Road, to a 6.0m wide gravel surface, from the entry onto Wirring Road from Lot 70, north to the intersection with Bussell Highway and to the south to the intersection with Osmington Road. The upgrade shall be completed prior to the operation of the extractive industry commencing.

20. Prior to the operation of the extractive industry, engineering drawings and specifications for the

upgrading of Wirring Road, are to be submitted, approved, and road construction works, undertaken in accordance with the approved plan, engineering drawings and specifications. All associated works required in the upgrade, including but not limited to construction, clearing and drainage works will be at the applicant’s cost, to the satisfaction of the Shire.

21. An agreement is entered into with the Shire regarding suitable maintenance of the road by the

developer whilst the extraction industry is in operation such as grading, pruning etc., prior to the operation of the extractive industry commencing.


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22. An agreement is entered into with the Shire, for the contribution of an annual fee, for the purpose of any maintenance works that may be required, for the period that the extraction industry is in operation, prior to the operation of the extractive industry commencing.

23. Works are prohibited within the road reserve including any pruning or clearing of vegetation

without prior written approval of the Shire. The Proponent shall submit and implement a Traffic Management Plan prepared by a licenced Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road).

ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:

(i) Health Act 1911 and Department requirements in respect to the development and use of the premises; and

(ii) The Aboriginal Heritage Act 1972 b) The proponent is also advised to refer to the principles of best practice drainage design as

described in the Stormwater Management Manual for Western Australia. (P)

c) In respect to the visual screen/buffer, it is expected that given the proposal will be in operation for 10 years that buffers should be in the vicinity of 10m in width, dependant on the plant spacing and species used.

d) The Department of Water (DoW) has advised as follows:

− The extractive industry shall not intercept the water table; − Dewatering of the extraction area is not permitted; − If any interception of ground water occurs, the Shire shall be advised within 72 hours

followed by agreed remedial action. e) The Proponent is required to ensure that ongoing operational activities associated with the

approved development including processing and transportation, and any other works that cannot be considered as construction site work complies with the standard prescribed under the Environmental Protection (Noise) Regulations 1997.

f) Noise monitoring required at the request of the Shire is to be undertaken by a person authorised under the Environmental Protection Act 1986.

g) As a noise control measure it is advised that it is considered to install ‘broadband’ reversing alarms on all mobile plant (including transport vehicles) instead of ‘tonal’ alarms. Care must be taken to ensure that a safe work place is maintained when choosing those alarms.

h) In regards to rehabilitation of the site the ‘Guidelines for Preparing Mine Closure Plans’,

Department of Mines and Petroleum and Environmental Protection Authority, June 2011’ provides a useful reference.

i) Any proposed trucks entering signs on Wirring Road shall be funded by the Applicant and will

require the prior approval of the Shire. j) The proposed crushing operations may be prescribed and as such require a Works Approval,

License or Registration under Part V of the Environmental Protection Act 1986. The proposal may be prescribed under Category 70.

k) The Proponent is advised that the following dust minimisation practises should be implemented

for the proposed gravel extraction operations:

i. Stockpiles of processed material will be sprayed with water and compacted as required.


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ii. Green belts will be used to augment the adjoining road reserve in reducing wind-speed through the pit-operations and to assist with trapping any resulting dust.

iii. Completed sections of the pit will be rehabilitated as soon as practicable to reduce the area of open ground and help reduce wind speed.

iv. The top soil/root layer will not be removed until immediately prior to the commencement of gravel rock extraction.

v. Covering of loads before leaving property. vi. Stabilisation of areas completed over summer (when vegetation stabilisation is

impracticable) is to be achieved by spreading mulch. vii. Induction of employees and contractors includes awareness of dust generation and

management measures. viii. Complaint response procedure.

l) The Landscape Plan shall be drawn to scale and show the location, name and mature heights

of existing and proposed trees and shrubs and ground covers as recommended in the Cape to Cape Landcare Companion.

ATTACHMENTS 1. Plans of proposal and staging. 2. Schedule of submissions. RECOMMENDATION CR SMART, CR HASTIE That Council issues planning approval for an Extractive Industry at Lot 68 Tanah Marah Road, Bramley subject to compliance with the following:

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.


2. This approval is valid for a period of five (5) years starting on the date this approval is

granted.


4. Prior to the commencement of the use, an access easement is to be put in place over an agreed alignment on Lot 70 Wirring Road, in favour of Lot 68 Tanah Marah Road, Bramley.


6. Extraction shall not occur within 500m of the dwellings located at 772 (Lot 69) and 790

(Lot 13) Wirring Road and Lot 671 Tanah Marah Road until such time that a noise impact assessment is provided to demonstrate that the use is capable of operating in compliance with the Environmental Protection (Noise) Regulations 1997.




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10. Surface water runoff from the site shall be contained onsite and appropriate measures shall be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or public drainage system. (see advice note ‘b’ ).





15. Rehabilitation shall commence immediately upon completion of extraction from a cell

and prior to commencement of extraction of subsequent cells. Rehabilitation shall be completed within 90 days of cell completion or as otherwise agreed to by the Shire.

16. All excavation areas shall be rehabilitated to the satisfaction of the Shire within 12

months from the expiry date of this approval or within 12 months of depletion of the recourse. (see advice note ‘g’) (P)

17. The excavation shall not intercept the water table, and works must immediately cease

should this occur. (see advice note ‘d’) 18. There shall be no standing water occurring at the end of the extractive operation. (see

advice note ‘d’)


20. Prior to the operation of the extractive industry, engineering drawings and specifications

for the upgrading of Wirring Road, are to be submitted, approved, and road construction works, undertaken in accordance with the approved plan, engineering drawings and specifications. All associated works required in the upgrade, including but not limited to construction, clearing and drainage works will be at the applicant’s cost, to the satisfaction of the Shire.

21. An agreement is entered into with the Shire regarding suitable maintenance of the road

by the developer whilst the extraction industry is in operation such as grading, pruning etc., prior to the operation of the extractive industry commencing.

22. An agreement is entered into with the Shire, for the contribution of an annual fee, for the

purpose of any maintenance works that may be required, for the period that the


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extraction industry is in operation, prior to the operation of the extractive industry commencing.

23. Works are prohibited within the road reserve including any pruning or clearing of

vegetation without prior written approval of the Shire. The Proponent shall submit and implement a Traffic Management Plan prepared by a licenced Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road).

ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other

legislation:


(ii) The Aboriginal Heritage Act 1972 b) The proponent is also advised to refer to the principles of best practice drainage design

as described in the Stormwater Management Manual for Western Australia. (P)



− The extractive industry shall not intercept the water table; − Dewatering of the extraction area is not permitted; − If any interception of ground water occurs, the Shire shall be advised within 72

hours followed by agreed remedial action. e) The Proponent is required to ensure that ongoing operational activities associated with

the approved development including processing and transportation, and any other works that cannot be considered as construction site work complies with the standard prescribed under the Environmental Protection (Noise) Regulations 1997.





i) Any proposed trucks entering signs on Wirring Road shall be funded by the Applicant

and will require the prior approval of the Shire. j) The proposed crushing operations may be prescribed and as such require a Works

Approval, License or Registration under Part V of the Environmental Protection Act 1986. The proposal may be prescribed under Category 70.

k) The Proponent is advised that the following dust minimisation practises should be

implemented for the proposed gravel extraction operations:


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l) The Landscape Plan shall be drawn to scale and show the location, name and mature

heights of existing and proposed trees and shrubs and ground covers as recommended in the Cape to Cape Landcare Companion.

Cr Hastie moved the following amendment: AMENDMENT / COUNCIL DECISION CR HASTIE, CR KENNAUGH OM2016/99 That Conditions 21 and 22 be deleted and replaced with: Prior to the commencement of on site works, the proponent shall enter into an agreement with the Shire regarding a contribution for the purposes of grading, pruning and maintenance works on Wirring and Osmington Roads.

CARRIED 7/0

REASON: Cr Hastie spoke to the motion stating that conditions 21 and 22 could be combined into one condition. This then becomes the primary motion: PRIMARY MOTION CR SMART, CR HASTIE That Council issues planning approval for an Extractive Industry at Lot 68 Tanah Marah Road, Bramley subject to compliance with the following: 1. The development is to be carried out in compliance with the plans and documentation

listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.



granted.




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10. Surface water runoff from the site shall be contained onsite and appropriate measures shall be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or public drainage system. (see advice note ‘b’).







16. All excavation areas shall be rehabilitated to the satisfaction of the Shire within 12

months from the expiry date of this approval or within 12 months of depletion of the recourse. (see advice note ‘g’) (P)




19. Satisfactory arrangements being made with the Shire for the upgrading of Wirring Road, to a 6.0m wide gravel surface, from the entry onto Wirring Road from Lot 70, north to the intersection with Bussell Highway and to the south to the intersection with Osmington


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Road. The upgrade shall be completed prior to the operation of the extractive industry commencing.



21. Prior to the commencement of on site works, the proponent shall enter into an

agreement with the Shire regarding a contribution for the purposes of grading, pruning and maintenance works on Wirring and Osmington Roads.




legislation:














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i) Any proposed trucks entering signs on Wirring Road shall be funded by the Applicant and will require the prior approval of the Shire.

j) The proposed crushing operations may be prescribed and as such require a Works




ix. Stockpiles of processed material will be sprayed with water and compacted as required.

x. Green belts will be used to augment the adjoining road reserve in reducing wind-speed through the pit-operations and to assist with trapping any resulting dust.

xi. Completed sections of the pit will be rehabilitated as soon as practicable to reduce the area of open ground and help reduce wind speed.

xii. The top soil/root layer will not be removed until immediately prior to the commencement of gravel rock extraction.

xiii. Covering of loads before leaving property. xiv. Stabilisation of areas completed over summer (when vegetation stabilisation is

impracticable) is to be achieved by spreading mulch. xv. Induction of employees and contractors includes awareness of dust generation and

management measures. xvi. Complaint response procedure.



Debate continued on the primary motion. Cr Earl moved the following amendment: AMENDMENT / COUNCIL DECISION CR EARL, CR KENNAUGH OM2016/100 That the following words be added to condition 3 after the words ‘Tanah Marah Road’: and Wirring Road north of lot 68

CARRIED 7/0 REASON: By prohibiting the use of Wirring Road north for haulage, the school bus route and tourist attractions would be avoided and less residential houses would be exposed to dust. This then became the primary motion and was put to vote: PRIMARY MOTION / COUNCIL DECISION CR SMART, CR HASTIE OM2016/111 That Council issues planning approval for an Extractive Industry at Lot 68 Tanah Marah Road, Bramley subject to compliance with the following: 1. The development is to be carried out in compliance with the plans and documentation

listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.


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granted.

3. The use of Tanah Marah Road and Wirring Road north of lot 68 for haulage is prohibited and does not form part of this approval.








10. Surface water runoff from the site shall be contained onsite and appropriate measures shall be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or public drainage system. (see advice note ‘b’).








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16. All excavation areas shall be rehabilitated to the satisfaction of the Shire within 12 months from the expiry date of this approval or within 12 months of depletion of the recourse. (see advice note ‘g’) (P)







21. Prior to the commencement of on site works, the proponent shall enter into an

agreement with the Shire regarding a contribution for the purposes of grading, pruning and maintenance works on Wirring and Osmington Roads.




legislation:










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f) Noise monitoring required at the request of the Shire is to be undertaken by a person

authorised under the Environmental Protection Act 1986.




i) Any proposed trucks entering signs on Wirring Road shall be funded by the Applicant

and will require the prior approval of the Shire. j) The proposed crushing operations may be prescribed and as such require a Works













CARRIED 4/3 CRS LANE, TOWNSHEND AND HAYNES VOTED AGAINST


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11.2.2 EXTRACTIVE INDUSTRY LOCAL LAW LICENCE APPLICATION - LOT 2 REDGATE ROAD, REDGATE LOCATION/ADDRESS 797 (Lot 2) Redgate Road, Redgate APPLICANT/LANDOWNER Lane Buck & Higgins Barristers And Solicitors on behalf of R G

Martin, KL Nash, GW Nash, RG Nash FILE REFERENCE PTY/6998 REPORT AUTHOR Johan Pienaar, Statutory Planning Coordinator AUTHORISING OFFICER Nick Logan, Acting Director Sustainable Development Cr Haynes declared an impartiality interest as she has been a customer of Redgate Lime having purchased lime from the company. She stated that she would be fair and balanced in her deliberations and vote objectively. IN BRIEF • In 2014 the Shire adopted the Extractive Industry Local Law 2014 (the Local Law) as a method of

ensuring that existing extractive industries in the Shire, operating outside the requirement for planning approval, conduct their operations consistent with parameters placed on contemporary operations (operating times, rehabilitation, dust control). By the granting of conditional licences through the Local Law the Shire seeks to have legal capacity to enforce controls on existing extractive industries.

• This application is seeking approval to continue to operate an extractive industry under the Local Law.

• The relevant supporting information, as required in Part 2 (subclause 2.2) of the Local Law, was submitted with the application.

• The application was advertised for 5 weeks. 74 public submissions were received of which 43 registered their objection. No major issues were raised by the relevant government agencies.

• The application contains sufficient information to recommended conditional approval under the provisions of Part 3 of the Local Law. Conditions are proposed to address, where appropriate, the issues that were raised during advertising.

RECOMMENDATION That Council resolves to approve the application for a Licence, under the Shire of Augusta Margaret River Extractive Industries Local Law 2014, to Redgate Lime for the extraction of lime on Lot 2 Redgate Road, subject to conditions. LOCATION Lot 2 Redgate Road (the Site) is located west of Caves Road. The entrance to the site is approximately 1.2km from the junction of Redgate Road with Caves Road. The site is approximately 38.5 ha. The western portion of the site is used for the extraction of lime in the form of sand, rock and rubble. The balance of the Site is pasture. The Site is bounded by land zoned rural residential (north), priority agriculture (east) and Leeuwin Naturaliste Ridge landscape amenity (south and west). Further west is reserved land zoned National Park and Nature Reserve. Figure 1 shows the location of the Site in the context of its surrounds.


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Figure 1: Location Plan TABLED ITEMS 1. Tabled Item 1 - Augusta Margaret River Extractive Industries Local Law 2014 2. Tabled Item 2 – Application Report with Appendices BACKGROUND • Extraction of lime from the site commenced in the 1980’s. • The Shire issued planning approval for the extraction of Lime in 1993. This approval was later

found to be unnecessary. • In 1998 a planning application for extension of the extractive industry operations was submitted to

the Shire. Following receipt of legal advice, Council resolved that this second planning approval was not required, by virtue of clause 2.2 of Town Planning Scheme 11 (TPS 11) which provided that development on rural zoned land (which includes extractive industries) are exempt from the requirement for planning approval.

• The extractive industry continued to operate and expanded to the extent that the then Department of Environment and Conservation (DEC) informed Redgate Lime in 2008 that as the lime extraction was exceeding 50,000 tonnes per year formal approval was required under the provisions of the Environment Protection Act 1986 (EPA Act).

• In 2009 the issue relating to the extent of the existing use right surfaced again after the Shire received complaints from neighbours relating to amenity impacts. The Shire directed Redgate Lime to submit a planning application.

• Redgate Lime contested this direction from the Shire on the basis that the extractive industry operates under a non-conforming use right.

• The Shire received further legal advice in October 2009 in relation to whether the extractive industry required planning approval. Based on this advice the Shire formed a view that the non-conforming use right applied extensively to Lot 2 and no approval was required. The Council subsequently resolved (OM910/020) “…the operation of Redgate Lime quarry does not require planning approval from the Shire of Augusta Margaret River to operate an extractive industry on Lot 2;” The Council further resolved to write to the DEC in response to the EPA licence application and express Council’s position on the matter.

PLANNING FRAMEWORK Local Planning Scheme No. 1 Local Planning Scheme No.1 (LPS1) came into effect in 2011. The zoning of the western portion of the site, on which the lime pit is situated, is zoned Leeuwin Naturaliste Ridge Landscape Amenity under LPS1. Extractive Industries are not permitted in this zone; however, clause 4.8 of the Scheme states that no provision in the Scheme is to be taken to prevent the continued use of any land for the purpose for which it was being lawfully used immediately prior to the Gazettal date, providing a ‘non-

The Site


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conforming use right’. This non-conforming use right will remain in place for as long as the use is continuous. Clause 4.8 of LPS1 provides for protection of continued operation of non-conforming uses. The principle behind clause 4.8 is that changes in planning rules which occur via changes of zoning, or new requirements for approval, do not prohibit land use or development that was legally established prior to these rules coming into operation. Several considerations can be given as to the extent of any particular non-conforming use. Matters such as natural barriers to expansion and constraints under previous planning regimes are relevant to determining the extent of any non-conforming use that applies in a particular circumstance. Extractive Industries Local Law 2014 There are a small number of extractive industries in the Shire that operate under non-conforming use rights. Up until now these extractive industries have operated outside of any local government jurisdiction because they were not required to achieve planning approval due to this non-conforming use right. In order to create a level playing field for all extractive operations, the Shire Council sought to implement a framework through which some control could be administered similar to that which applies under the planning scheme. Other Local Governments in the State have also introduced local laws relating to substantially the same issue. The intention of the Local Law is not to stop any extractive industries from operating, nor is it empowered to do so. The Local Law sets out that if an operator satisfactorily provides all the prescribed information with its licence application then it will be granted a licence. The Local Law provides that the manner in which these extractive industries operate is controlled through conditions of a license. The extractive industry license is primarily focussed upon ensuring that these extractive industries operate consistent with parameters placed on other operations (operating times, rehabilitation, dust control), address the impacts of the use and to a enable the Shire to have legal capacity to enforce these controls. The Shire of Augusta Margaret River Extractive Industries Local Law 2014 is available as Tabled Item 1. Part 3, sub-clause (5) of the Local Law determines that: “…the local government shall not refuse an application where— (a) the prescribed fee is paid; (b) the application contains the information and documentation required by clause 2.2; and (c) the report required by clause 2.2(1)(d) demonstrates how the listed environmental considerations will be satisfactorily addressed.” Non-Conforming Use Rights Town Planning Scheme No. 11 (TPS11) was Gazetted in April 1985 which zoned the Site ‘Rural’. Clause 2.2 of TPS 11 provided the following: The following classes of development may be undertaken without the planning approval of the Council and are referred to as permitted development:

(c) Development within the Rural Zone outside townsites other than that land within 200 metres of the Brockman and Bussell Highway, Caves Road and within 30 metres of any other dedicated road outside the townsite.

Interim Development Order No 12 (IDO12) (Gazettal date 4 August 1998) clause 4, removed the exemption at clause 2.2(c) of TPS11. Clause 5 of IDO12 provided the following in regard to existing uses: No provision in this Order shall prevent the continued use of any land or building for the purpose for which the land or building was being lawfully used at the time of the coming into operation of this Order or shall prevent that carrying out of any development for which immediately prior to the coming


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into operation of this Order, a permit or permits if any required under this or any other Act authorising the development to be carried out had been obtained and was current. The documented evidence shows that the Site was used for an ‘extractive industry’ prior to Gazettal of IDO12 in August 1998. Accordingly, it is considered that there are non-conforming (existing) use rights for the extractive industry as it has been established on the Site in compliance with the setback guidelines under TPS11 (30 metres from Redgate Road). The principle factors relevant at the time that IDO12 came into effect were: • Portion of the Site was used legally as an extractive industry. • There was a clear intent to expand the operations. • The proposed extraction area is within the same lot as the use was established. • Limiting factors include the change in soil types towards the wet area that runs north/south in the

middle of Lot 2, and the 30 metre setback that applied form Caves Road under TPS11. Shire records continue to reference the operation over time indicating continuation of the use. It is based on these factors that pursuant to clause 4.8 of LPS1, the extractive industry on the Site has a non-conforming use right and that regulation under the Shire’s Extractive Industry Local Law 2014 is relevant and necessary. THE PROPOSAL Appended, as Attachment 1, are the Site, Locality Context and End Contour Plans. The application also includes documents such as the DER licence, the DER Environmental Assessment Report, Dust Assessment, Acoustic Assessment and Environmental Report. Below is a summary of the operation. • The products include agricultural lime, construction material for road base, lime render and lime

products for landscaping. • Extraction is by excavator and loader and includes screening and crushing of up to 100,000

tonnes per annum. • Proposed hours of operation are between 7am and 7pm weekdays and 7am to 1pm on

Saturdays. • The estimated completion date was 2035 (20 years) and has since been scaled back to 2028. • The exposed footprint is 8ha. The total area of the site that will be affected by the operation is

approximately 15ha. • Truck movements vary at different times of the year. During the agricultural season (Feb - April)

30-40 heavy vehicles may visit the Site per day. • Over 2,300 trees have been established predominantly in boundary buffers to mitigate visual

impacts and dust movement. • Stockpiles of materials are at different locations within the excavation area. The material

stockpiles are approximately 10 – 11 metres in height. • Upon completion the topsoil will be replaced and seeding of paddock grasses will occur to

support stock grazing. The full application report is available as Tabled Item 2. Through the application process further information was provided by the proponent in response to the issues that were raised during the advertising of the application and subsequent discussions with Shire officers. These written responses by the proponent are appended as Attachment 2. CONSULTATION The application was advertised for 5 weeks by placing notices in the local newspaper and sending letters to surrounding landowners within an approximate 1km radius from the Site. The application was also referred to relevant government agencies. 74 public submissions were received of which 43 registered their objection. Detail on each individual submission is available in the schedule of submissions, which is appended as Attachment 3. Below is a summary of the issues raised during advertising. Government Agencies Department of Parks and Wildlife (DPaW)


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The DPaW highlights the biodiversity value of the vegetation on the site. It is also highlighted that the site contains a gazetted Environmentally Sensitive Area (ESA), which is associated with the wetland area on the site. DPaW recommendations comprise:

− No extraction activities occur within 15m of any native tree crown drip zones or 50m from the wetland and associated ESA.

− Temporary demarcation barriers should be installed 15m from the remnant vegetation drip zone to protect the trees from accidental damage.

− Temporary fencing and/or flagging should be installed 50m from the wetland boundary to protect the wetland from accidental damage.

− All batters should not exceed 1:6 − Truck types and sizes to be provided, as the application report does not include any detail. − Lot 2 is located in an area known to contain Karst systems. Additional Geotechnical

information would assist in determining the location and potential impacts to Lot 2 Karst systems.

− A rehabilitation plan should form part of the application. Department of Environment Regulation (DER) Redgate Lime is a prescribed premises as per Schedule 1 of the Environmental Protection Regulations 1987 and the premises is currently licenced under the EPA Act 1986 for production of capacity of up to 100,000 tonnes per year. General advice is that a clearing permit may be required if clearing of vegetation is proposed. The Department of Aboriginal Affairs (DAA) The DAA has indicated that there are no Aboriginal sites registered with the DAA within the area subject to the proposal. It is advised that the proponent be made aware of the DAA’s Cultural Heritage Due Diligence Guidelines. Main Roads WA (MRWA) MRWA initial advice was no objection subject to the upgrade of the intersection of Caves Road and Redgate Road and ceding of a corner truncation from adjacent Lot 15 to accommodate the required intersection upgrading. Further advice from MRWA has been to the effect that the current intersection configuration is suitable for access to the Site. MRWA was also approached during the development application process in relation to an alternative access onto Caves Road and the suitability of Redgate Road to be used by Restricted Access Vehicles (RAV’s). MRWA has confirmed that an alternative access onto Caves Road would not be supported and that Redgate Road is an allocated RAV route. A more detailed discussion on these aspects of the application is provided later in this report. Department of Water (DoW) The DoW advises that the streamlines arise on the property arises and therefore the taking or diversion of surface water or interference with the beds and banks of a watercourse is not subject to DoW licencing. The property is in the Blackwood Groundwater Area, which is a proclaimed area. Any groundwater abstraction is subject to licencing, except if the abstraction is for domestic or non-commercial use. The DoW identified a clear need for the implementation of contemporary management systems are applied to operations. This would entail the employment of a succinct Operations Plan and formal Rehabilitation Plan with clearly identified staged rehabilitation cells and a clear timeline for implementation. The DoW ascribes a low risk to the Redgate Lime operations. Recommended conditions include: • No interception of water table. • Dewatering of the extraction area is not permitted. • No standing water at the end of the extractive operation. • No storage of hydrocarbons on-site. • Onsite refuelling of equipment must be from mobile service. • No major repairs or maintenance on-site.


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Department of Mines and Petroleum (DMP) The DMP has indicated that the Redgate Lime operation does not fall within the definition of a mining operation. The DMP has confirmed that the Mines Safety and Inspection Act 1994 (MSIA) and associated regulations that apply to mines and mining operations also apply to the Redgate Lime operation. The DMP has further confirmed that Redgate Lime operations are subject to annual inspections. The frequency of inspections varies between operations and is based on the nature of the operation and associated risk. The Mines Safety and Inspection Act 1994 (WA) imposes general duty of care provisions to maintain safe and healthy workplaces at mining operations and protect people at work from hazards. The Act outlines the obligations of each group and provides penalties for any breaches of those obligations to help prevent unsafe situations. It also outlines requirements for various notifications and appointments to be made in writing to the local District Inspector of Mines. They include; commencement or suspension of mining operations and appointment of a Principal Employer, Registered Manager and Quarry Manger. Public Comments 30 submissions were received supporting the Proposal. The submissions were received from a range of stakeholders consisting of local property owners, local and regional farmers and transport companies/operators delivering lime to farmers in WA. Comments include: • The business provides lime to agriculture, horticulture and industry. The continued supply of

lime for sustainable agriculture is critical. • The work carried out at Redgate Lime is done with care to the environment and neighbours.

The limited noise of trucks and excavation is no worse than some of the other noise that is experienced such as late night noise from tourists who stay on properties in this location.

• Without this operation new pits will have to be opened or expanded elsewhere creating new environmental impacts. We were fully aware of the operation when we bought our property 15 years ago and found its presence to have little or no impact on our amenity.

• South of Perth there is extremely limited quality ‘aglime’. Redgate Lime produces much higher quality lime than other lime pits south of Perth all the way to Esperance. The continued operation of the lime pit is vital in the zone of WA that Redgate Lime supplies.

• The business provides income for over 12 families and business opportunities for small suppliers.

43 objections were received. The reasons for objecting comprise: • High truck movements are due to 100,000 tonnes of extraction per year. High truck

movements near rural residential development are unacceptable. • Operating for another 20 years is far too long. 2-5 years would be more appropriate. • Trucks arrive outside of the hours of 7am and 7pm. Trucks arrive early in the morning waiting

on the side of the road for the 7am opening. Prescribed hours are not being adhered to. • The DER licence indicates the proponent has developed a voluntary code of conduct limiting

the operating hours to 7am and 5pm weekdays and 7am and 1pm Saturdays. The application is looking at extending the hours from 7am to 7pm. Haulage should not be allowed on Saturdays. Hours of operation should be limited to between 8am and 5pm Monday to Friday.

• Caves Road intersection is an accident black spot. • Truck Noise and vibrations are starting to cause structural damage to dwelling. • The Leeuwin Naturaliste Ridge is not an appropriate place to extract lime. • The excavation is substantially changing the topography. • Trucks and Road Trains on Redgate Road for the next 20 years will be unacceptably

dangerous considering the new residential subdivision in Witchcliffe (school children getting on buses, families walking to Witchcliffe etc.). Redgate Road is not a suitable road for heavy vehicles anymore. Redgate Road is not safe for cyclists and pedestrians.

• The pit is devaluing the nearby residential properties. • The 10-11m stockpiles would be visually unacceptable. Trees cannot fully hide the piles. • Dust has never been contained within the site boundaries, even with the implementation of

dust suppression measures. • Redgate Lime has never carried out any rehabilitation in the manner they said they would in

order to get approvals over the years.


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• The operation does not meet the objectives of the LNRSPP, the Shire’s Extractive Industry Policy, buffer distances under the DER’s Guidance Statement – Separation Distances and the WAPC’s Applicant’s Manual for establishing extractive industries in WA.

• Redgate Road is too steep for trucks with trailers and semis. • Access should be taken off Caves Road through their own property. • Speed limit on Redgate Road, near Witchcliffe, must be reduced from 90km/h to 50km/h for

safety reasons. School bus stops must be clearly sign posted. Gravel pedestrian path along Redgate Road between residential subdivisions and Witchcliffe Village Centre should be developed for safe pedestrian movements, considering the high volume of heavy vehicles from the lime pit on Redgate Road.

DISCUSSION A strong opinion is expressed in some of the submissions that the licence application should be refused. The Local Law does not create a head of power to stop existing ‘planning exempt’ extractive industries from operating and refusal of the subject application would not have this effect. The Local Law operates in a manner subsidiary to the non-conforming use rights under LPS1 and provides a means to apply conditions and regulate the nature of these planning exempt industries. This Local Law can therefore only operate to the extent it is not inconsistent with the Scheme. Non-conforming use rights are protected under clause 4.8 of the Scheme. The refusal of a licence application would be inconsistent with the non-conforming use right provisions under clause 4.8 of the Scheme. The purpose of imposing conditions upon any licence is to address environmental impacts in a reasonable and appropriate manner. The issues raised in objection to the Proposal relate to amenity impacts as a result of noise, dust, traffic safety and visual impacts. These issues and the measures to mitigate impact are discussed in turn below. Separation distances There are 12 dwellings within 500m and 8 dwellings within 300m of the identified footprint of the Proposal (see Attachment 1).One means of addressing land use conflict between extractive industry and more sensitive land use is physical separation. The Environmental Protection Authority (EPA) Guidance Statement 3 - Separation Distances between Industrial and Sensitive Land Uses and Shire policy LPP3 – Extractive Industries, set minimum separation distances and matters to be considered in addressing the impacts of activities. Appendix 1 of the EPA Guidance Statement 3 (GS3) lists the type of industry, potential impacts and recommended buffer. The primary impacts identified in GS3 for sand and lime extraction are noise and dust. A generic buffer distance of between 300 and 500m is set out in GS3. It is stated in the EPA Guidance Note 3 that: “…this Guidance Statement is intended to provide advice on generic separation distances between specific industry and sensitive land uses to avoid or minimise the potential for land use conflict. The distances outlined in Appendix 1 are not intended to be absolute separation distances, rather they are a default distance for the purposes of: • identifying the need for specific separation distance or buffer definition studies; and • providing general guidance on separation distances in the absence of site specific technical

studies.” As recommended by the guidance Statement Technical studies have been undertaken and these are detailed in this report. Noise The Environmental Protection (Noise) Regulations 1997 (the Noise Regulations) prescribe the allowable noise level at the surrounding areas. Noise sources relating to the operation comprise:

− Plant and machinery (excavators, crusher, screening plants, loaders, water truck and utes). − Truck movements.

Site-specific studies, in the form of an Acoustic Assessment and Dust Assessment, were undertaken when application was made in 2010 for a DER licence. The acoustic assessment concluded that


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noise emissions from the pit operations during operating hours (7am to 5pm Monday to Saturday) comply with the allowable noise levels. Noise from traffic on roads is exempt from the Noise Regulations. The impact of truck movements is however, one of the main objections to the continuation of the operation and a principle cause of amenity impacts. Vehicles arriving and leaving the site early in the morning and late in the day exacerbate the impact. The proponent and Shire set out some restricted pit and truck operating hours when they entered into an (unenforceable) voluntary code of practise agreement with the Shire in 2009. In addition to agreeing to limit operating hours, it was also agreed to put a limit on the number of trucks that access the site daily. It is considered appropriate to apply similar conditions to any local law approval. A large percentage of the lime is used in the agricultural sector which creates seasonal demand, at its highest during the first 6 months of the year. It is indicated that between 35-40 vehicles/trucks per day are expected to visit the site during the agricultural season. This equates to approximately one truck movement every 8 minutes in a 10-hour operating day. It is relevant to consider the nature of vehicles (trucks) that visit the Site, cause the greatest impact and which could be subject to controls to minimise those impacts. The “Austroads” Vehicle Classification System is appended as Attachment 4. Larger vehicles fall into the category of class 3 and above. The use of Redgate Road as a haulage route and the associated noise and amenity impacts is influenced by: • The opening hours of the Proposal; and • The MRWA Restricted Vehicle Access Network (RAV classification) and associated conditions. Historically Redgate Lime has allowed trucks to enter the site for loading up to 5pm. Those trucks would leave the site until 5:30pm. Considering the possible implications of reducing the truck operating times by as little as half an hour, it is recommended that the operating hours be restricted to between 7am and 5:30pm Monday to Friday. Any condition must clearly state that the gates must be shut at 5pm to allow any trucks that are on the site by then to be loaded and departed by 5:30pm. Redgate Lime has overnight facilities on site for drivers. In the past vehicles have arrived on-site later or earlier than opening times and these facilities made available. This does however, result in amenity impacts outside of the normal hours of operation, set to minimise those impacts. While these facilities are accepted as an ancillary use to the extractive industry, they will only be available if the site is accessed within the approved operating hours. The proponent is expected to communicate this requirement to their clients and will be incorporated within the management plan the proponent is required to prepare. A complicating factor with addressing the impacts of heavy vehicles is that these vehicles are operated by 3rd parties and not covered by conditions of the local law permit. Consequently amenity impacts of heavy vehicles are best be addressed through: • Restrictions on opening hours/access. • Restrictions on maximum numbers and maximum average numbers of heavy vehicles. • Requesting MRWA amend the RAV classification for Redgate Road, east of Caves Road,

effectively preventing access outside of the opening times of the proposal. The Shire has become aware over time that there appear to be a lack of appropriate locations for overnight truck stays. Hand in hand with introducing restrictions through this local law licence, it would also be appropriate to investigate further whether assistance can be provided or alternatives facilitated by securing appropriate rest locations for heavy vehicle drivers. The following conditions are proposed to address noise impacts: • Restriction of extraction activities to between 7am and 5:30pm Monday to Friday and Saturday

between 7am and 1pm. No Sunday or public holiday operations. Shutdown over Christmas should be from the start of the School holidays until the beginning of the 2nd week in January.


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• Restrict the maximum number of trucks per day for the months of February to June to 40 subject to an average daily number for these months not exceeding 20. The maximum number of truck movements per day from July to January must not exceed 15.

• Truck operating days are restricted to week days between 7am and 5:30pm and Saturdays between 7am and 1pm only. No truck movement on Sundays or any public holidays or the Christmas shutdown period.

• The gate to the pit shall be locked outside of the approved truck operating hours to prevent any trucks associated with the lime pit from entering or exiting the site.

• Compliance with the Environment Protection (Noise) Regulations 1997. • The preparation of a management plan to address the following:

Appropriate arrival and departure times. Trucks must not arrive at the site before 7am and must not leave the site after 5pm. Trucks must not park outside the site at any time awaiting entry.

Appropriate speed limits on the site. Appropriate driving practices to keep noise levels down. Compliance and monitoring. Trucks must avoid using Redgate Road during school bus times in the morning and

afternoon. Traffic Safety/Suitability of Redgate Road to accommodate heavy vehicles Main Roads Western Australia (MRWA) has confirmed that the use of one section of Redgate Road, west of Caves Road is inconsistent with current RAV guidelines as it has a gradient of more than 8% and would therefore be considered unsuitable for RAV access. However, as the approval for Redgate Lime was granted prior to the current set of guidelines a principle similar to the establishment of non-conforming use rights is reflected in MRWA’s response that the current practice (RAV classification) will be allowed to continue and further reviewed if there are incidents or issues with heavy vehicles stalling or crashing. MRWA has indicated that, due to this gradient, the class of the approval will not be increased to that of a longer or heavier vehicle type than RAV4 (trucks with a payload of up to 50 tonnes). At this time MRWA considers Redgate Road to be the safest route for heavy vehicles to access Bussell Highway. Once a road is added to the RAV network listing it is an open road to be used by anyone who has that category of vehicle and is compliant with any conditions placed on the network listing. There is however, an opportunity to approach MRWA with a request to apply conditions under which a Shire managed road can be used. It is understood that MRWA is likely to look favourably on any well considered request for modification to the RAV classification. Such modifications to the ability for RAV vehicles to utilise Redgate Road is an appropriate complimentary mechanism to the management of operating hours of the Proposal. It is recommended that MRWA be requested to apply the following conditions to Redgate Road:

• Restriction of heavy vehicle movements (class 3 and above), to the section of Redgate Road west of Caves Road, in accordance with the approved operating hours under the licence.

• Reduce the speed limit for heavy vehicles to 50km/h for the section of Redgate Road west of Caves Road and the last 2.5km before the junction of Redate Road with Bussell Highway.

Main Roads had originally advised, in their initial response, that the Caves Road/Redgate Road intersection should be upgraded. Redgate Road was however, recently assessed and considered acceptable for use by heavy vehicles by MRWA and further advice received to this effect. Redgate Road is a school bus route. The proponent has advised that they currently request customers not to use Redgate Road during school bus operating times. It is expected that the proponent continue to advise their clients accordingly. The preparation of a management plan is recommended, which would demonstrate and set out procedures to ensure compliance with a number of aspects of the licence approval and communicate those to clients. Monitoring and enforcement of customers avoiding being on Redgate Road during school bus operating times will be a component of the management plan. In addition, heavy vehicles will not be permitted to leave the Site during school bus times. A number of submissions raised the issue of pedestrian access and conflict with truck movements in the growing village of Witchcliffe. The footpath connection to Witchcliffe from the new residential


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subdivisions is dependent on the staging and progression of subdivision and will be implemented in due course. Visual impacts The site is located in an open undulating landscape, which forms part of the Leeuwin Naturaliste Ridge Landscape Amenity Zone under LPS1 and has a corresponding designation in the LNRSPP. Within these areas the visual impacts of development are primary considerations. The operation, at approximately 800m from Caves Road, is visible in the distance, but not dominant in the landscape. Further excavation eastwards is likely to exacerbate visual impact as the excavation area breaches the north south aligned crest that forms the current eastern edge of the excavation area. The application includes a visual impact assessment to demonstrate the visual impacts of the operation from various vantage points. The visual impacts on the surrounding area and main transport routes are relevant considerations. The majority of the current extraction area is relatively well screened due to the depth of the pit, topography, bunding and screen planting that has been introduced along Redgate Road. The vegetation screening could be more effective in some areas. It is recommended that additional planting be introduced to improve the screening in these areas, and also to mitigate visual impact associated with migration of the extraction area eastwards. The stockpiling of material to a height of 10m is not considered to be an issue from a visual impact point of view. The lime is stockpiled along the northern face of the excavation, which at double the height of the stockpiles forms an effective screen from neighbours. The proponent has submitted a rehabilitation plan indicating 6ha is the minimum operation area required, which includes lime stockpiles, areas awaiting rehabilitation, the machine hard stand area, haul roads and subsidiary product lay down area. Around 2ha is used for actual extraction at any one point in time. The operational areas are currently in the most appropriate location on the Site due their ability to be screened. Providing for a maximum of 2ha of an area actually being excavated at any point in time it is considered relevant to apply a condition limiting the total exposed area to a maximum of 8ha. The following conditions are recommended to address visual impact concerns:

• Planting of fast growing plants in identified locations to ensure an effective visual screen is established in a relatively short period of time.

• Landscaping plan must be submitted for the required screen planting. • A setback of 30m from Redgate Road shall be maintained from the Redgate Road boundary

to allow for the establishment of an appropriate buffer/visual screen along the Redgate Road boundary.

• The exposed area (footprint) of the lime pit will be limited to a maximum 8ha at any one time. Dust The dust assessment that was undertaken in 2010 in support of the DER licence application indicated that there were, at worst, barely any visible dust emissions, from the excavation, screening, stockpiling and loading activities. Wheel generated dust was, however, highly visible. This was observed after it was requested that the access road not be watered to create the worst case scenario. Dust sampling was undertaken over a 3 day period. The dust report concluded that, in a worst case scenario and at the most affected sensitive land use, only 54% of the criterion level is reached. It should be noted that at the time of the dust assessment, adjoining Lot 3 was undeveloped. The DER licence is inclusive of conditions that require the implementation of measures to prevent/minimise dust emissions from the premises. The DER has not raised any specific concerns with respect to compliance of current operations however, if conditions in relation to dust are applied to the licence, the Shire will be empowered to act on dust issues in a timely manner. The ongoing requirement for dust suppression actions, as required under the DER licence, is to be applied to minimise impacts from dust outside the site boundaries. Recommended conditions comprise:


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• Appropriate dust suppression methods to be applied to meet the appropriate standards referred to in the Dust Assessment Report prepared for Redgate Lime in 2010.

• The exposed area (footprint) of the lime pit will be limited to a maximum 8ha at any one time. Term of approval It is acknowledged that the lifespan of the Proposal is dependent on demand and that the proposed 20 years is a conservative approach. The proponent’s revised position of 12 years is acceptable and will be recommended as a condition of any licence approval. Further limiting the timeframe is considered at odds with the non-conforming use right that applies to the land. Rehabilitation The Coffey Environmental Report states that progressive rehabilitation will be undertaken to ensure the quarry footprint does not exceed 8ha. The application report indicates that rehabilitation will be implemented as per the stages shown on the staging plan appended as Attachment 1. More detail was required in relation to the rehabilitation with the aim to establish firstly if the Proposal can operate within a smaller footprint and secondly, to establish a basis for the calculation of a rehabilitation bond. The rehabilitation plan is appended as Attachment 5. A rehabilitation bond is considered to be appropriate in the context of the size of the operation site as well as the Leeuwin Naturaliste Ridge Landscape Amenity zoning. The bond will be calculated based on an expected exposed area of 8ha. Recommended conditions comprise:

• A detailed rehabilitation plan must be prepared showing the progressive rehabilitation staging with expected completion dates. The rehabilitation plan shall be implemented to the satisfaction of the Shire.

• All excavation areas shall be rehabilitated to the satisfaction of the Shire, in accordance with the approved Rehabilitation Plan, within 12 months from the expiry date of the licence or the depletion of the resource.

• A rehabilitation bond will be required. The bond will only be released once the site has been fully rehabilitated to the satisfaction of the Shire and will be sufficient to remediate the Site at any point if operations ceased.

Shire Liability Several submissions raised the issue of there being a potential liability to the Shire in granting approval to a local law licence application, referencing a clause in the Local Law requiring the holder of a licence to indemnify the Shire. The Local Law does not require the Shire to insure, indemnify or co-sign any insurance policy. In fact it requires the opposite, that being that the applicant is indemnifies the Shire and takes out an insurance policy to that effect. Clause 6.1 of the Local Law (or any insurance policy taken out in accordance with clause 6.1) is not considered to impact on the Shire’s liability in relation to any extractive industry. Liability relates to legal responsibility, whereas indemnification relates to protection from legal responsibility (i.e. by insurance). Having insurance (or a requirement for such in a local law) does therefore not equal liability. The Shire’s liability in relation to the extractive industry approved under the local law will be no different to its liability for the approval of extractive industry (or any other development) under the planning scheme. If any particular party carries out extractive industry activities without public liability insurance they will be in breach of the local law. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing Growth Sustainably Community Outcome 3.1: Clearly defined areas for growth and renewal Strategic Response: Implement service level strategy/plan: Provide planning services FINANCIAL IMPLICATIONS Nil


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SUSTAINABILITY IMPLICATIONS Environmental Environmental impacts can be mitigated by conditions reflecting the advice and conditional licence approval issued by DoW. Social It is considered that through the imposition of conditions of planning approval that other impacts associated with the noise and landscape amenity can be appropriately managed. Economic Basic raw materials are of high importance in the context of built development and are a contributing factor the growth and economic development of the locality. The supply of lime is an essential component for agricultural production in both the locality and the broader region. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Issues a Licence, under the Shire of Augusta Margaret River Extractive Industries Local Law

2014, to Redgate Lime for the extraction of lime on Lot 2 Redgate Road, subject to conditions.

a. The extractive industry is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 being the Level and Feature Survey Plan received at the Shire on 18 June 2015, and P2 being the End Contour Plan at the Shire on received at the Shire on 18 June 2015

b. This licence is valid for 12 years. The expiry date of the licence is 22 June 2028.

c. Extraction is permitted up to a maximum of 100,000 tonnes per annual period.

d. Extraction and rehabilitation shall be in accordance with an approved staging and

rehabilitation plan. The rehabilitation plan shall be finalised in consultation in consultation with the Shire within 90 days of the approval date of the licence.

e. The combined exposed area (footprint), excluding the internal driveway along the western

boundary of the site, shall not exceed 8ha.

f. A setback of 30m from Redgate Road shall be maintaned as per the non-conforming use right. No extraction works are permitted within the 30m setback area.

g. All excavation areas shall be rehabilitated to the satisfaction of the Shire, within 12 months of

the expiry of the licence or if sooner, within 12 months of the depletion of the resource.

h. The proponent shall pay a Rehabilitation Bond, within 90 days from the date of this licence, to be held against satisfactory completion of rehabilitation works required as a condition(s) of this licence. The rehabilitation bond will be calculated on an exposed footprint area of 8ha. The proponent shall enter into a deed with the Shire to detail the rights of the Shire to call upon or retain the bond.

i. The extractive industry is permitted to operate from 7:00am to 5:30pm Monday to Friday and

Saturdays from 7:30am to 1:00pm. The extractive industry shall not operate on Sundays or public holidays.

j. Truck (Restricted Access Vehicles Category 3 and above) are restricted to access the Site

between 7:00am to 5:30pm Monday to Friday and Saturdays from 7:30am to 1:00pm. In addition these vehicles will not be permitted to exit the Site during school bus times.


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k. Operations shall cease in an annual ‘Christmas shut down’ period to commence at Monday of

the third week in December and not recommence until the second Monday in January. l. The maximum number of trucks (RAV Category 3 and above) per day is restricted to 40 in

and 40 out (80 truck movenments) from February to June with an average daily number for the same months not exceeding 20 over the days which the operation is permitted to be undertaken. The maximum number of trucks per day from July to January shall not exceed 15. A log book shall be provided at the request of the Shire at any time to demonstrate compliance with this condition. This condition excludes vehicle movement onsite for management purposes such as for dust supression.

m. A gate shall be installed and maintained in good working condition at all times to the

satisfaction of the Shire. The gate shall be locked to prevent trucks accessing the site outside of the approved truck operating hours.

n. A management plan shall be prepared to the satisfaction of the Shire in relation to all

operations including: − Procedures to inform customers of approved vehicle and lime pit operating times. − Measures to ensure truck operators are aware of restrictions on opening hours and that

they are not permitted to arrive early and park outside the gate awaiting entry. − Appropriate speed limits on the site. − Appropriate driving practices to minimise noise levels. − Compliance and monitoring. − Trucks avoiding using Redgate Road during school bus times in the morning and

afternoon.

o. The excavation shall not intercept the water table. Excavation works are to cease immediately in the event the water table is encountered/exposed. The Shire shall be advised within 24 hours that the water table has been encountered and restorative action shall be taken within a timeframe agreed with the Shire.

p. Dewatering of the extraction area is not permitted without approval.

q. No standing water shall occur at the end of extraction/post rehabilitation.

r. Major repairs and maintenance of vehicles in not permitted on Site.

s. Blasting activities are not permitted.

t. Onsite storage of fuel shall be in accordance with the DER requirements and approval.

u. Surface water runoff from the site shall be contained onsite and appropriate measures shall

be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or drainage system.

v. No extraction activities shall within 15m of any native tree crown drip zones or 50m from the

wetland and associated Environmental Sensitive Area (ESA).

w. Temporary demarcation barriers shall be installed 15m from the remnant vegetation drip zone, to the satisfaction of the Shire, to protect the trees from accidental damage.

x. Temporary fencing and/or flagging shall be installed 50m from the wetland boundary, to the

satisfaction of the Shire, to protect the wetland from accidental damage.

y. The proponent shall implement, to the satisfaction of the Shire and the DER, all measures necessary to prevent erosion or airborne transmission of soil (dust control) from the development.


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z. The proponent shall be responsible for the cost of repairs of any Shire managed roads and infrastructure damaged as a direct result of the approved extractive industry.

aa. The proponent shall plant additional screening along Redgate Road to enhance the existing

the visual screen that has been established along Redgate Road. The visual screen shall be maintained at all times to the satisfaction of the Shire.

bb. The landscape screening shall be undertaken in accordance with an approved landscaping

plan. The landscaping plan shall be submitted to the Shire within 30 days of the date the licence is approved. The landscaping plan shall be implemented within 60 days from the date the landscaping plan is approved.

2. That Council writes to MRWA seeking modification to the conditions of operating the Restricted

Vehicle Access network on Redgate Road as follows: • (Restricted Access Vehicles Category 3 and above) are restricted to access Redgate

Road west of Caves Road between 7:00am to 5:30pm Monday to Friday and Saturdays from 7:30am to 1:00pm.

• Reducing the permitted speed limit for heavy vehicles to 50km/h for the section of Redgate Road west of Davies and the 2.5km legnth of Redgate Road prior to the junction with Bussell Highway.

3. Notes the intention for Shire staff to further investigate possible heavy vehcile layover areas in consultation with user groups and MRWA.

ADVICE NOTES

a. You are advised of the need to comply with the requirements of the following other legislation:


(ii) The Aboriginal Heritage Act 1972.

b. The proponent is also advised to refer to the principles of best practice drainage design as described in the Stormwater Management Manual for Western Australia. (P)

c. The proponent is required to ensure that ongoing operational activities associated with the


d. The development has obligations under the Environment Protection (Noise) Regulations 1997.

These regulations require noise emissions from the premises to comply with the assigned noise levels set pout in the Regulations.

e. Noise monitoring required at the request of the Shire is to be undertaken by a person

authorised under the Environmental Protection Act 1986. f. As a noise control measure it is advised that it is considered to install ‘broadband’ reversing

alarms on all mobile plant (including transport vehicles) instead of ‘tonal’ alarms. Care must be taken to ensure that a safe work place is maintained when choosing those alarms.

g. Hydrocarbons must be stored on site in accordance with the conditions of the licence granted

from the Department of Environment and Regulation. h. The DoW has advised that taking or diversion of surface water is not subject to DoW licencing.

Any groundwater abstraction is subject to licencing, except if the abstraction is for domestic or non-commercial use.

ATTACHMENTS 1. Site, Locality Context and End Contour Plans


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2. Proponent and Neighbour responses 3. Schedule of submissions 4. Austroads” Vehicle Classification System 5. Rehabilitation plan


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ADDENDUM 1.1.1 PROPOSED EXTRACTIVE INDUSTRY LOCAL LAW LICENCE – LOT 2 REDGATE ROAD This addendum provides further information in relation to points raised by interested parties since publication of the Council agenda item for Lot 2 Redgate Road, Redgate. These issues specifically relate to: 1. Advice received from the Redgate Residents group regarding non-conforming use rights at Lot 2

Redgate Road, including comment in the relevant report about the issue of ‘intent to expand operations’.

2. The location of requested Restricted Access Vehicle network conditions for the use of heavy vehicles on Redgate Road.

3. The safety of pedestrians and cyclists on Redgate Road. 4. The total area of exposed excavation and working area. 5. The extension of the DER licence to 2036 and relevance to Redgate Lime. 6. Recommended conditions concerning road maintenance. 7. The restrictions on numbers and types of heavy vehicles accessing the Site. 8. Starting and finishing times. 9. Modification to provide for minor ancillary maintenance of machinery. 10. Timing of the commencement of the Christmas shutdown period. 11. Alternative access location. 1. Advice received from the Redgate Residents group regarding non-conforming use rights

at Lot 2 Redgate Road. This matter is discussed at page 39 of the Council agenda. An alternative view has been provided that non-conforming use rights are limited in accordance with a limited amount of area identified in a planning approval granted in 1993 for development of the land. As discussed in the Council report, the 1993 approval was not required (although applied for and issued) and so is a nullity in terms of setting a basis for any non-conforming use right. The position also relies on various previous dealings with Redgate Lime and the Shire that speak to previous intent. In that regard it is contended by surrounding residents that there was no intent to significantly expand operations, and references correspondence to the Shire in 1998 regarding the intention of the landowner, which stated there was ‘no plans to excavate or leave large holes anywhere’. This correspondence does also however, need to be considered in the context of an (unnecessary) application for substantial expansion of the operations received in 1997. This application is one of a number of factors that relates to the continued extraction of the lime resource through time that is considered to sustain the non-conforming use right generated at the commencement of activities. Previous decisions on non-conforming use rights in relation to extractive industries recognise that continued expansion of the use is inherent in the nature of an extractive industry. 2. The location of requested Restricted Access Vehicle network conditions for the use of

heavy vehicles on Redgate Road. A current recommendation is to seek a restriction on RAV vehicles on Redgate Road, specifically in the area west of Caves Road and in an area 2.5km west of Bussell Highway on Redgate Road. Further request has been made to seek an extension to this restriction to include an area adjacent to Wardandi Place, immediately east of Caves Road. A condition has been included in a modified recommendation below to also seek a speed restriction on RAV vehicles for 1km east of Caves Road. 3. The safety of pedestrians and cyclists on Redgate Road. Further issues have been raised about the safety of pedestrians and cyclists on Caves Road and the use of heavy vehicles. While the issue of pedestrian conflict with heavy vehicles is self-evident, it does not in itself diminish to non-conforming use right that is considered to apply to the Site. The best efforts have been made to restrict the total time the heavy vehicles are using the road, school bus times and peak periods of visitation. 4. The total area of exposed excavation and working area.


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The intention of the recommendation limiting the excavation area to 8ha at any point in time is reflective of the discussion on page 46 of the relevant agenda item to ensure progressive rehabilitation and minimising the exposed area that can create a dust issue. The relevant condition has been included in a modified recommendation below to explicitly state that not more than 6ha for manoeuvring area and 2ha of area being worked, totally up to 8ha, may be exposed at any point in time. 5. The extension of the DER licence to 2036 and relevance to Redgate Lime. Comment is made in the report with regard to the extension of the Redgate Lime DER licence to 2036. Residents wished it clarified that this was generally applied to all Licences under the Environmental Protection Act for administrative purposes, rather than as a reflection of the intended timeframe of operations for the operations. 6. Recommended conditions concerning road maintenance. In relation to this item and other extractive industry items on the agenda some consistency is sought through modification to the condition requiring road maintenance and rectification of damage by heavy vehicles as a consequence of the operations.

7. The restrictions on numbers and types of heavy vehicles accessing the Site. Through further review of the vehicle classification systems and aligning it with the Recommendation to request Main Roads WA to apply conditions to the RAV network route it is recommended to revise the relevant condition to reflect the Main Roads WA classification as close as possible through using the “Austroad” vehicle classification system. It is recommended that all vehicles in class 6 and above be counted. The proponent has provided figures on truck numbers during the 2015 peak period, which indicated the average number for all truck sizes was 24.2 per day. The revised condition reflects a revised average of 24 vehicles. 8. Starting and finishing times. Redgate Lime has been operating until now with a Saturday starting time of 7am. This is consistent with the Shire’s extractive industry policy and the Voluntary Code of Practice. Furthermore, Saturdays are considered the same as any other workday. The relevant condition is revised to reflect a 7am Saturday operating start time. 9. Modification to provide for minor ancillary maintenance of machinery. The modification to the relevant condition is to clarify that minor maintenance of vehicles are permitted. It is proposed to amend the relevant condition by deleting “maintenance” from the wording. 10. Timing of the commencement of the Christmas shutdown period. It was indicated that local contractors work up until Christmas and a too early start to the Christmas break will substantially impact on the local contractors. It is recommended to amend the relevant condition to allow Redgate Lime to operate until 22 December, but only in relation to allowing non RAV vehicles to access the site. It is recommended that the Christmas break for RAV vehicles start the second Monday in December. 11. Alternative access location. The proponent has investigated an alternative access over their property onto Redgate Road in consultation with the Shire, at approximately the mid-point of the northern boundary with Lot 2. It was found, at the current 80km/h assigned speed limit, that the available sight distance of 150m in both directions does not meet the Main Roads WA (MRWA) recommended safe intersection sight distance of 192 m. The situation is further aggravated by downhill slope in the road between the current point of access and the proposed second access point. Reducing the speed limit on Redgate Road to 60km/h would result in a reduced safe intersection sight distance of 131m. The Shire has approached MRWA on a number of occasions in regards to potentially reducing the speed limit on Redgate Road. More recently MRWA indicated that the current location of the access is, in their view, appropriate as it has sightlines that meet the minimum required, the route has no formal history of issues, and no history of crashes due to excessive speed (or otherwise) from trucks or cars. MRWA indicates that “speed limits that do not achieve a high level of voluntary compliance have little road safety benefit as experience has shown that the imposition of artificially low speed limits has little impact on the actual operating speed chosen by the majority of motorists. In contrast, realistic speed


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limits can be effective in not only regulating traffic flow but also reducing incidences of crashes because the majority of motorists will voluntarily observe them. As a general rule, the speed limit considered in a new application would be near the speed chosen by 85% of motorists, hence the requirement for recent traffic counts to be collected for the application. For reference, the 85% speed of motorists on Redgate Rd near Squires Rd is 83.9km/hr indicating that the zoning is achieving an excellent level of compliance. (data collected by AMR Shire in May 2016)” An alternative access onto Redgate Road is reliant on a reduction in the assigned speed limit to facilitate a safe intersection sight distance. At this stage it is apparent that MRWA is not prepared to reduce the assigned speed limit for Redgate Road. Imposing a condition requiring an alternative access onto Redgate Road would not be enforceable as it relies on some action from a third party (MRWA) which, the Shire has no control over and it would appear unlikely to be achievable. Modified Recommendation (Lot 2 Redgate Road) That Council: 1. Issues a Licence, under the Shire of Augusta Margaret River Extractive Industries Local Law

2014, to Redgate Lime for the extraction of lime on Lot 2 Redgate Road, subject to conditions.

a. The extractive industry is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.







e. The combined exposed area (footprint), excluding the internal driveway along the western

boundary of the site, shall not exceed 8ha.


g. All excavation areas shall be rehabilitated to the satisfaction of the Shire, within 12 months of

the expiry of the licence or if sooner, within 12 months of the depletion of the resource.


i. The extractive industry is permitted to operate from 7:00am to 5:30pm Monday to Friday and

Saturdays from 7:30am to 1:00pm. The extractive industry shall not operate on Sundays or public holidays.

j. Trucks (“Austroads”class 6and above) are restricted to access the Site between 7:00am to

5:30pm Monday to Friday and Saturdays from 7:00am to 1:00pm. In addition these vehicles will not be permitted to exit the Site during school bus times.

k. Restricted access Vehicles (RAV’s) shall cease to operate from the second Monday in

December and not recommence operation until the second Monday in January. The


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extractive industry (including all other truck movements) shall cease in an annual ‘Christmas shut down’ period to commence at 22 Deceember and not recommence until the second Monday in January.

l. Operations shall cease in an annual ‘Christmas shut down’ period to commence at Monday of

the third week in December and not recommence until the second Monday in January. m. The maximum number of trucks (“Austroads”class 6and above) per day is restricted to 40 in

and 40 out (80 truck movenments) from February to June with an average daily number for the same months not exceeding 24 over the days which the operation is permitted to be undertaken. The maximum number of trucks per day from July to January shall not exceed 15. A log book shall be provided at the request of the Shire at any time to demonstrate compliance with this condition. This condition excludes vehicle movement onsite for management purposes such as for dust supression.

n. A gate shall be installed and maintained in good working condition at all times to the


o. A management plan shall be prepared to the satisfaction of the Shire in relation to all

operations including: − Procedures to inform customers of approved vehicle and lime pit operating times. − Measures to ensure truck operators are aware of restrictions on opening hours and that

they are not permitted to arrive early and park outside the gate awaiting entry. − Appropriate speed limits on the site. − Appropriate driving practices to minimise noise levels. − Compliance and monitoring. − Trucks avoiding using Redgate Road during school bus times in the morning and

afternoon.

p. The excavation shall not intercept the water table. Excavation works are to cease immediately in the event the water table is encountered/exposed. The Shire shall be advised within 24 hours that the water table has been encountered and restorative action shall be taken within a timeframe agreed with the Shire.

q. Dewatering of the extraction area is not permitted without approval.

r. No standing water shall occur at the end of extraction/post rehabilitation.

s. Major repairs of vehicles is not permitted On-site. t. Blasting activities are not permitted.

u. Onsite storage of fuel shall be in accordance with the DER requirements and approval.

v. Surface water runoff from the site shall be contained onsite and appropriate measures shall

be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or drainage system.

w. No extraction activities shall within 15m of any native tree crown drip zones or 50m from the

wetland and associated Environmental Sensitive Area (ESA).

x. Temporary demarcation barriers shall be installed 15m from the remnant vegetation drip zone, to the satisfaction of the Shire, to protect the trees from accidental damage.

y. Temporary fencing and/or flagging shall be installed 50m from the wetland boundary, to the

satisfaction of the Shire, to protect the wetland from accidental damage.

z. The proponent shall implement, to the satisfaction of the Shire and the DER, all measures necessary to prevent erosion or airborne transmission of soil (dust control) from the development.


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aa. Prior to the commencement of on site works, the proponent shall enter into an agreement with

the Shire, to ensure that haulage roads are maintained and that any deteriation resulting from traffic generated by the operations, is satisfactorily repaired at the proponents cost, for the period that the extractive industry is in operation.

bb. The proponent shall plant additional screening along Redgate Road to enhance the existing

the visual screen that has been established along Redgate Road. The visual screen shall be maintained at all times to the satisfaction of the Shire.

cc. The landscape screening shall be undertaken in accordance with an approved landscaping

plan. The landscaping plan shall be submitted to the Shire within 30 days of the date the licence is approved. The landscaping plan shall be implemented within 60 days from the date the landscaping plan is approved.

2. That Council writes to MRWA seeking modification to the conditions of operating the Restricted

Vehicle Access network on Redgate Road as follows: • Restricted Access Vehicles are restricted to access Redgate Road west of Caves Road

between 7:00am to 5:30pm Monday to Friday and Saturdays from 7:30am to 1:00pm. • Reducing the permitted speed limit for heavy vehicles to 50km/h for the section of

Redgate Road west of Davies and the 2.5km legnth of Redgate Road prior to the junction with Bussell Highway.

3. Notes the intention for Shire staff to further investigate possible heavy vehicle layover areas in consultation with user groups and MRWA.

ADVICE NOTES





c. The proponent is required to ensure that ongoing operational activities associated with the


d. The development has obligations under the Environment Protection (Noise) Regulations 1997.

These regulations require noise emissions from the premises to comply with the assigned noise levels set out in the Regulations.


authorised under the Environmental Protection Act 1986. f. As a noise control measure it is advised that it is considered to install ‘broadband’ reversing

alarms on all mobile plant (including transport vehicles) instead of ‘tonal’ alarms. Care must be taken to ensure that a safe work place is maintained when choosing those alarms.


from the Department of Environment and Regulation. h. The DoW has advised that taking or diversion of surface water is not subject to DoW licencing.

Any groundwater abstraction is subject to licencing, except if the abstraction is for domestic or non-commercial use.


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RECOMMENDATION / COUNCIL DECISION CR SMART, CR KENNAUGH OM2016/112 That Council:

1. Issues a Licence, under the Shire of Augusta Margaret River Extractive Industries Local Law 2014, to Redgate Lime for the extraction of lime on Lot 2 Redgate Road, subject to conditions.

a. The extractive industry is to be carried out in compliance with the plans and

documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.







e. The combined exposed area (footprint), excluding the internal driveway along the

western boundary of the site, shall not exceed 8ha.


g. All excavation areas shall be rehabilitated to the satisfaction of the Shire, within 12

months of the expiry of the licence or if sooner, within 12 months of the depletion of the resource.


i. The extractive industry is permitted to operate from 7:00am to 5:30pm Monday to

Friday and Saturdays from 7:00am to 1:00pm. The extractive industry shall not operate on Sundays or public holidays.

j. Trucks (“Austroads”class 6and above) are restricted to access the Site between

7:00am to 5:30pm Monday to Friday and Saturdays from 7:00am to 1:00pm. In addition these vehicles will not be permitted to exit the Site during school bus times.

k. Restricted access Vehicles (RAV’s) shall cease to operate from the second Monday in

December and not recommence operation until the second Monday in January. The extractive industry (including all other truck movements) shall cease in an annual ‘Christmas shut down’ period to commence at 22 Deceember and not recommence until the second Monday in January.

l. Operations shall cease in an annual ‘Christmas shut down’ period to commence at

Monday of the third week in December and not recommence until the second Monday in January.

m. The maximum number of trucks (“Austroads”class 6and above) per day is restricted to

40 in and 40 out (80 truck movenments) from February to June with an average daily


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number for the same months not exceeding 24 over the days which the operation is permitted to be undertaken. The maximum number of trucks per day from July to January shall not exceed 15. A log book shall be provided at the request of the Shire at any time to demonstrate compliance with this condition. This condition excludes vehicle movement onsite for management purposes such as for dust supression.

n. A gate shall be installed and maintained in good working condition at all times to the


o. A management plan shall be prepared to the satisfaction of the Shire in relation to all

operations including: − Procedures to inform customers of approved vehicle and lime pit operating

times. − Measures to ensure truck operators are aware of restrictions on opening hours

and that they are not permitted to arrive early and park outside the gate awaiting entry.

− Appropriate speed limits on the site. − Appropriate driving practices to minimise noise levels. − Compliance and monitoring. − Trucks avoiding using Redgate Road during school bus times in the morning and

afternoon.

p. The excavation shall not intercept the water table. Excavation works are to cease immediately in the event the water table is encountered/exposed. The Shire shall be advised within 24 hours that the water table has been encountered and restorative action shall be taken within a timeframe agreed with the Shire.

q. Dewatering of the extraction area is not permitted without approval.

r. No standing water shall occur at the end of extraction/post rehabilitation.

s. Major repairs of vehicles is not permitted On-site. t. Blasting activities are not permitted.

u. Onsite storage of fuel shall be in accordance with the DER requirements and approval.

v. Surface water runoff from the site shall be contained onsite and appropriate measures

shall be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or drainage system.

w. No extraction activities shall within 15m of any native tree crown drip zones or 50m

from the wetland and associated Environmental Sensitive Area (ESA).

x. Temporary demarcation barriers shall be installed 15m from the remnant vegetation drip zone, to the satisfaction of the Shire, to protect the trees from accidental damage.

y. Temporary fencing and/or flagging shall be installed 50m from the wetland boundary,

to the satisfaction of the Shire, to protect the wetland from accidental damage.

z. The proponent shall implement, to the satisfaction of the Shire and the DER, all measures necessary to prevent erosion or airborne transmission of soil (dust control) from the development.

aa. Prior to the commencement of on site works, the proponent shall enter into an

agreement with the Shire, to ensure that haulage roads are maintained and that any deteriation resulting from traffic generated by the operations, is satisfactorily repaired at the proponents cost, for the period that the extractive industry is in operation.


84

bb. The proponent shall plant additional screening along Redgate Road to enhance the existing the visual screen that has been established along Redgate Road. The visual screen shall be maintained at all times to the satisfaction of the Shire.

cc. The landscape screening shall be undertaken in accordance with an approved

landscaping plan. The landscaping plan shall be submitted to the Shire within 30 days of the date the licence is approved. The landscaping plan shall be implemented within 60 days from the date the landscaping plan is approved.

2. That Council writes to MRWA seeking modification to the conditions of operating the

Restricted Vehicle Access network on Redgate Road as follows: • Restricted Access Vehicles are restricted to access Redgate Road west of Caves

Road between 7:00am to 5:30pm Monday to Friday and Saturdays from 7:30am to 1:00pm.

• Reducing the permitted speed limit for heavy vehicles to 50km/h for the section of Redgate Road west of Caves Road and the 2.5km legnth of Redgate Road prior to the junction with Bussell Highway.

3. Notes the intention for Shire staff to further investigate possible heavy vehicle layover areas in consultation with user groups and MRWA.

ADVICE NOTES





c. The proponent is required to ensure that ongoing operational activities associated with


d. The development has obligations under the Environment Protection (Noise) Regulations

1997. These regulations require noise emissions from the premises to comply with the assigned noise levels set out in the Regulations.


authorised under the Environmental Protection Act 1986. f. As a noise control measure it is advised that it is considered to install ‘broadband’

reversing alarms on all mobile plant (including transport vehicles) instead of ‘tonal’ alarms. Care must be taken to ensure that a safe work place is maintained when choosing those alarms.

g. Hydrocarbons must be stored on site in accordance with the conditions of the licence

granted from the Department of Environment and Regulation. h. The DoW has advised that taking or diversion of surface water is not subject to DoW

licencing. Any groundwater abstraction is subject to licencing, except if the abstraction is for domestic or non-commercial use.

CARRIED 4/3

CRS HASTIE, HAYNES AND LANE VOTED AGAINST Members of the public gallery left Chambers at 7.56pm, 5 remained.


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11.2.3 EXTRACTIVE INDUSTRY LOCAL LAW LICENCE APPLICATION - GROSSE ROAD, HAMELIN BAY LOCATION/ADDRESS 42 (Lot 61) Grosse Road Hamelin Bay APPLICANT/LANDOWNER Doust Enterprises WA Pty Ltd FILE REFERENCE PTY/5203 P215086 REPORT AUTHOR Angela Satre, Senior Planner AUTHORISING OFFICER Nick Logan, Acting Director Sustainable Development IN BRIEF • In 2014 the Shire adopted the Extractive Industry Local Law (the Local Law) as a method of

ensuring that existing extractive industries in the Shire, operating outside the requirement for planning approval, conduct their operations consistent with parameters placed on contemporary operations (operating times, rehabilitation, dust control). By the granting of conditional licences through the Local Law the Shire seeks to have legal capacity to enforce controls on existing extractive industries.

• In February 2015 an application was lodged by the owner/operator of 42 (Lot 61) Grosse Road, Hamelin Bay (the Site) for a licence under the Local Law for the existing extractive industry on the Site.

• After submission of additional supporting information, the application was suitable for the purposes of advertising.

• In October 2015 the application was advertised to surrounding land owners, the public and generally to relevant government agencies for comments.

• At the close of the advertising period eleven submissions were received. • The application was amended in response to the issues raised in the consultation period and

these issues were addressed such that the application is acceptable for determination. • The application is now presented for final determination with a recommendation for conditional

approval. RECOMMENDATION The Council resolves to approve the application for a licence under the Extractive Industry Local Law 2014 for an Extractive Industry at 42 (Lot 61) Grosse Road Hamelin Bay to Doust Enterprises WA Pty Ltd subject to conditions. LOCATION Number 42 (Lot 61) Grosse Road (the Site) is approximately 43.8ha in size and is zoned General Agriculture under Local Planning Scheme No. 1 (LPS1). Access to the Site is from the unsealed portion of Grosse Road which meets Caves Road approximately 1km south of the Hamelin Bay Road West and Caves Roads intersection (refer to Figures 1 and 2 below). The Site has been developed with an extractive industry which occupies approximately 11ha. The Site is partially cleared and supports peppermint woodland and coastal scrubland. The Site is surrounded by General and Priority Agriculture zoned land with the exception of a fully vegetated National Parks and Nature Reserve on the southern boundary. To the north of the Site is Lot 602 Grosse Road which is zoned General Agriculture and has a Restricted Use 15 (RU15) classification. Lot 602 has been developed with a shed that is set back approximately 140m from the Site and this setback area is fully vegetated. The RU15 classification permits (subject to achieving planning approval) development of, amongst other things, four chalets, a dwelling, art and craft studio, gallery and shop/cafe. The adopted structure plan for Lot 602, dated 30


86

March 2010, shows development of an owner’s residence and four chalets and a further six chalets and another dwelling on the adjoining northern Lot 601 Grosse Road. Implementation of the structure plan would result in the development of dwellings as close as 265m from the northern boundary of the Site. The closest neighbouring dwelling is located on Lot 31 Caves Road and this dwelling is setback approximately 100m from the eastern boundary of the Site (refer to Figure 1 below).

Figure 1: Site aerial photograph

Closest neighbouring dwelling


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Figure 2: Locality aerial photograph TABLED ITEMS 1. Local Law Licence Application Report dated September 2015. 2. Department of Environment and Regulation licence (L8693/2012/2) valid to 9 December 2020. BACKGROUND History Aerial photography on Shire records shows that prior to January 1994 the Site was fully vegetated. In June 1995, correspondence was received from a member of the public alleging that an airstrip had been constructed in the south west of the Site. Conditional planning approval (98038(b)) was issued on 20 May 1998 for an Extractive Industry (Lime Sand and Marl) on the Site. Council later resolved that this approval was technically not required as the use was legitimately commenced at a time when no approval was required (it had a non-conforming use right). Correspondence was received in July 1998 from the then Commissioner of Soil and Land in response to an application lodged to clear 60ha of the Site stating: “Currently a small limesand extraction business is running from the property using areas cleared as per agreed in a 1996 Notice of Intent…”. The correspondence further states that:


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“…we both observed aerial photos of the area in 1995/6 and that the property had been part cleared at that time. Part of this regrowth has now been cleared as per correspondence in 1996 to establish a hanger area and more recently these sections are being utilised for extraction of limesand…” From this information it is determined that the extraction commenced on Site prior to July 1998. The Department of Environmental Regulation (DER) license that has been granted for the operation notes that the extractive industry commenced in 1998 and has been in the current ownership since 2007. PLANNING FRAMEWORK Local Planning Scheme No. 1 Extractive industries are a discretionary use in the General Agriculture zone under Local Planning Scheme No. 1 (LPS1). Clause 4.8 of LPS1 states that no provision of the Scheme is to be taken to prevent the continued use of the land for the purpose for which it was being lawfully used immediately used prior to the Gazettal date. The non-conforming use right will remain in place for as long as the use is not discontinued for a period of six continuous months. Doust Enterprises is one a number of extractive industry operations in the Shire, which are operating under a non-conforming use right. The Council established a position at its meeting of 28 October 1999 (item 13.1.1 PTY/5203) when it resolved that: ‘…the extraction of limesand started prior to the Interim Development Order removing 2.2 (c) in Town Planning Scheme No. 11, a planning approval was not needed, therefore noncompliance has not occurred…Further, that no development occurred within 30 metres of Grosse Road…’. The resolution confirmed that the extractive industry on the Site was permitted to operate without planning approval under an existing use right (now termed non-conforming use). Statement of Planning Policy 1.6 the Leeuwin Naturaliste Ridge Statement (SPP 6.1) SPP6.1 identifies the site as Agriculture and Rural Landscape. Agriculture and Rural Landscape is described as generally not having the ‘high capability for intensive agriculture’ as other categories however it does have high capability for grazing and some areas are capable of intensive agriculture. All Agriculture and Rural Landscape areas have ‘high exposure to tourist routes are important to the mosaic or rural land uses…’. The extraction activities are screened from Caves Road by existing vegetation. The top of a stockpile on the Site is visible through glimpses at intermittent locations on Caves Road. Given the considerable setback from the visible stockpile to Caves Road (approximately 750m) the impact of views are sufficiently mitigated. There are not considered to be adverse visual impacts arising from the operation and the application is consistent with the provisions of SPP 6.1. Non-Conforming Use Rights Town Planning Scheme No. 11 (TPS11) was Gazetted in April 1985 which zoned the Site ‘Rural’. Clause 2.2 of TPS 11 provided the following: The following classes of development may be undertaken without the planning approval of the Council and are referred to as permitted development:

(d) Development within the Rural Zone outside townsites other than that land within 200 metres of the Brockman and Bussell Highway, Caves Road and within 30 metres of any other dedicated road outside the townsite.

Interim Development Order No 12 (IDO12) (Gazettal date 4 August 1998) clause 4, removed the exemption at clause 2.2(c) of TPS11. Clause 5 of IDO12 provided the following in regard to existing uses: No provision in this Order shall prevent the continued use of any land or building for the purpose for which the land or building was being lawfully used at the time of the coming into operation of this Order or shall prevent that carrying out of any development for which immediately prior to the coming into operation of this Order, a permit or permits if any required under this or any other Act authorising the development to be carried out had been obtained and was current.


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The documented evidence shows that the Site was used for an ‘extractive industry’ prior to Gazettal of IDO12 in August 1998. Accordingly, it is considered that there are non-conforming (existing) use rights for the extractive industry where it has been conducted on the Site in compliance with the setback guidelines under TPS11 (200 metres of Caves Road and within 30 metres of Grosse Road). A portion of Grosse Road reserve traversed the Site in August 1998 and has now been closed. An assessment of the setback distances from the extractive industry to the original unconstructed portion of Grosse Road that traversed the Site, as shown on the planning approval (98038) granted in 1998, was conducted. The assessment confirms that the extraction was more than 30 metres from the then Grosse Road reserve. Given these factors, the use is a ‘non-conforming’ use under clause 4.8(a) of LPS1. The 28 October 1999 resolution of Council confirmed the Shire’s position, that planning approval for the extraction of lime sand was not required at that time pursuant to TPS11 clause 2.2(c). Shire records continue to reference the operation over time indicating continuation of the use. It is based on these factors that pursuant to LPS1 clause 4.8, the extractive industry on the Site has a non-conforming use and that regulation under the Shire’s Extractive Industry Local Law 2014 is relevant and necessary. Extractive Industries Local Law 2014 There are a small number extractive industries in the Shire that operate under a “non-conforming use right”. Up until now these extractive industries have operated outside of any local government jurisdiction because they were not required to achieve planning approval due to this “non-conforming use right”. In order to create a level playing field for all extractive operations, the Shire sought to implement a framework through which some accountability could be administered similar to that which applies under the planning scheme. Other Local Governments in the State have also introduced local laws relating to substantially the same issue. The intention of the Local Law is not to stop any extractive industries from operating. The Local Law sets out that if an operator satisfactorily provides all the prescribed information with its licence application then it will be granted a licence. The Local Law provides that the manner in which these extractive industries operate is controlled through conditions of a license. The extractive industry license is primarily focussed upon ensuring that these extractive industries operate consistent with parameters placed on other operations (operating times, rehabilitation, dust control) and to a enable the Shire to have some legal capacity to enforce these controls. The Proposal In September 2015 an application for a Local Law licence was lodged describing the operation as follows:

The products extracted from the Site include lime sand, lime rubble, lime fill sand and lime rock.

Operating hours are Monday to Friday 7am to 5pm and Saturday 7.30am to 2.00pm.

Future extraction will range from up to a maximum of 100,000 tonnes/annum in accordance with the Category 12 – Screening Licence.

There is estimated to be approximately 900,000m³ of produce for extraction on Site.

The excavation will occur in 5 stages down to a base of 27m AHD and is to be rehabilitated to a base of 27.5 AHD finished contour level.

The height of stockpiles material would be up to 5.0m with a length of 200m.

The haulage route is from the site via Grosse Road onto Caves Road, northwards to Bushby Road and then on to Bussell Highway.

Upon completion of each stage, the completed area will be re-spread with stockpiled overburden (topsoil) in accordance with the staging plan.


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The extraction plan provided with the application is attached (Attachment 1). The extraction plan shows that extraction would be complete in 2020 (‘stage 5 extraction – 2019/20 rehabilitation’). Given variable demand and the potential for reduced demand, the timeframe for extraction was subsequently amended by the proponent to six years up to 2022. Extraction is limited by the DER licence (L8693/2012/2) granted for the operation, to 80,000 tonnes per annum. The proponent has amended the original application from 100,000 tonnes of extraction per annum to be consistent with the DER licence. The DER licence notes that on average there are eight 30-tonne trucks loaded per day from the Site. The operation utilises an excavator, two loaders and a mobile track screener. The Local Law licence application refers to a 1.5m separation distance from maximum seasonal groundwater levels, however, the proponent has since confirmed that they are seeking a 1.0m separation distance which has been supported by the Department of Water. CONSULTATION AND ADVICE The application was advertised to properties within a 1km radius of the Site and it was referred to government agencies for comments. At the close of the advertising period eleven submissions were received including:

• Two submissions of support from members of the public; • Three submissions of objection from members of the public; and • Six submissions from government agencies in which concerns were raised.

A Schedule of Submissions and comments about the issues raised is attached (Attachment 2). Internal Consultation Environment Sufficient commitments have been provided by the proponent to rehabilitate the extraction area in accordance with agreed performance targets. Rehabilitation works to date have been relatively successful. Future works will ensure the banks of the pits/ponds are rehabilitated with native vegetation to support future use. Environmental Health The noise from the extractive industry operation will need to comply with the assigned levels in the Environmental Protection (Noise) Regulations 1997. There are no exemptions for this type of noise when received at nearby dwellings. The Environmental Protection (Noise) Regulations 1997 are enforced in their own right irrespective of the Extractive Industry Local Law. Operations on the Site are to comply with the assigned levels in the noise regulations. Infrastructure Grosse Road is approximately 10m wide and constructed out of limestone to a high standard. The road services three lots and has good sight lines and sufficient room for trucks and/or local traffic to safely operate. A condition is recommended to any licence granted requiring an agreement with the Shire regarding suitable maintenance of Grosse Road by the developer whilst the extraction industry is in operation such as grading, pruning etc. External Consultation Department of Water The application was referred to the Department of Water (DoW) for comment. During the processing of the application a licence was sought and granted by DoW for up to 1100kL to be taken and used on the Site for ‘dust suppression for mining purposes’. The duration of the DoW licence is from 14 April 2016 to 4 April 2026. DoW assessed the hydrological regime on the Site and determined that the operation, including the 1.0m separation from groundwater, is acceptable subject to operating conditions as reflected on any Local Law licence granted.


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Department of Parks and Wildlife Concern was raised by the Department of Parks and Wildlife in relation to the potential impacts to flora and fauna as a consequence of clearing vegetation. The application involves clearing of minimal stands of disturbed vegetation that fringe the extraction stages two and five. The clearing may require a permit which is managed separately by DER. This potential clearing is considered acceptable for the purposes of this licence. Concern was raised about potential hydrological impacts. A hydrological assessment was conducted as part of the DoW licencing requirements and the findings were incorporated into the conditions of the DoW licence addressing this concern. Concern was raised about inadequate details being provided in the rehabilitation plan. Additional information was provided to satisfy the Shire’s requirements for revegetation details. Importantly commitments have been made by the proponent about the expected success rate for rehabilitation sufficient to enforce required outcomes in accordance with a condition of any licence granted. Department of Environment and Regulation The Department of Environment and Regulation (DER) advise that the operation is categorised as a Prescribed Premises as per Schedule 1 of the Environmental Protection Regulations 1987. Prescribed Premises are classified, under the Environmental Protection Regulations 1987, depending on the nature of the activity conducted on the site. The extractive industry on the Site is currently licensed under Category 12 which relates to screening of material. Screening includes washing, grinding, crushing, sizing, or separating of the material that originates on the property. Any screening of materials of more than 50,000 tonnes is ‘Prescribed Premises’ which requires a licence from the DER. Premises on which material from the ground is screened, of more than 5,000 and less than 50,000 tonnes, normally requires registration only with DER. Any screening of material less than 5,000 tonnes does not require authorisation under the Environmental Protection Act 1986. A licence was issued by the DER (L8693/2012/2) for the extractive industry on the Site and the licence expires on 9 December 2020. The DER licence includes a number of operating conditions to ensure ongoing management in accordance with legislative requirements. The licence permits up to 80,000 tonnes to be extracted per annum and this will be reflected in any conditional Local Law licence granted. Main Roads West Australia Main Roads WA (MRWA) advised that they do not object to the operation subject to upgrading the intersection of Grosse Road, and this requirement should be applied to any licence granted. DISCUSSION / OFFICER COMMENTS A summary of the key issues associated with the proposal are discussed below. These issues have arisen from the consultation process and assessment by Shire staff against the Local Law. Key Issues Concern about adverse visual impact from Caves Road. The top of a stockpile on the extraction site is occasionally visible in the distance from Caves Road as described and demonstrated with photos in the application report. The extraction activities are screened from Caves Road by existing vegetation. The intersection of Caves and Cosy Corner Roads is approximately 750m from the extraction site and this distance is sufficient to ensure the impact of views of the stockpile is sufficiently mitigated. It is considered that there are no adverse visual impacts arising from the operation. Concern about the standard of road construction and the capacity of the road for truck use. As confirmed by MRWA the haulage route (Caves and Bushby Roads) is of suitable standard for the capacity of the vehicles associated with the extractive industry. The intersection of Grosse and Caves Roads is required to be upgraded and MRWA have requested this requirement to be enforced through a condition of any licence.


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Concern about the potential for additional dwellings to be constructed within 500m of the extraction site on lots to the north and north west.

The Shire has referred these concerns to the proponent and provided an opportunity for the extraction plan to be amended to show extraction first in the northern portion of the Site extending toward the south in order to mitigate against noise impacts. The proponent maintains that the operation functions as required to meet the Environmental Protection (Noise) Regulations, in accordance with the specifications of the Acoustic Report prepared for the operation and that modification of the operation would be result in conflicts with these parameters. Notwithstanding, the proponent has been advised of the limitations and obligations under the Environmental Protection (Noise) Regulations 1997, advice recommended in any licence to reiterate the operating standards for noise compliance during extraction, and a condition is recommended to ensure appropriate compliant handling and follow up procedures for operation on the Site. Alleged noncompliance with the 30m setback guideline to gazetted roads. The application has been assessed against the original and current Grosse Road boundaries and it has been confirmed that the original and existing extraction complies with these setback guidelines. Inadequate information provided in the Rehabilitation Plan. Rehabilitation details importantly define the method of rehabilitation; provide a time frame for completion of the works and a commitment to ensure an appropriate success rate. These measures are sufficient to enforce compliance where necessary and have been agreed to by the proponent. Furthermore a condition is recommended to be applied to any licence granted to provide for enforcement of the agreed performance targets.

Concern about potential impact to karst systems. There are no known karst systems on the Site. However, consideration has been given to potential impacts that might arise including ground water impacts. As an outcome of the DoW licence, it was determined that the likely impact to the water table can be managed with appropriate conditions requiring separation distances to groundwater and a groundwater monitoring regime. These measures are considered to provide reasonable mitigation to any potential karst systems and additional information was not required to be submitted with the licence application. Vegetation clearing impacts. The majority of the area proposed for future extraction is previously cleared and sparsely vegetated. The application involves clearing of minimal stands of already disturbed vegetation (vegetation that has been slashed in the last three years) fringing the extraction area in the northwest and northeast of stage five and stage two respectively. This disturbed vegetation is likely to be removed during the life of the extractive industry. Additional information was provided in the application to demonstrate that extraction is not proposed over remnant vegetation. Noise impacts. An Acoustic Report was submitted with the application which shows that with implementation of operational measures to reduce noise impacts, the Environmental Protection (Noise) Regulations 1997 can be met. The measures include shielding machinery by the pit wall and locating machinery behind bund walls to ensure that with the location of stockpiles and the ‘cut’ or working face, results in machines operating on the pit floor at between 4 – 7m below the surrounding natural ground level. It also involves operating the extraction to create a working face at least three metres deep which is moved from the south to the western and northern extraction areas on Site with machinery and trucks remaining in the pit floor at all times. Overburden is also placed on the pit edge up to four metres high to act as a noise bund which is moved as the area of extraction changes. It is ideal for all previous stages to be fully closed and rehabilitated before extraction commences on subsequent stages. In this case however the working face moves from each successive stage in order to provide a bund for noise mitigation and to ensure that machinery is located below the surrounding natural ground level. In order to commence extraction in stage 5, machinery will need to work in stage 4 to create a working face, to bund the operation and to provide sufficient manoeuvring area for truck access. It is not therefore realistic to require the complete closure and rehabilitation of stage 4 before works commence in stage 5. In this case rehabilitation of stages 1 – 3 only is recommended before extraction commences in stage 5.


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The proponent has confirmed that the application is to be amended to six years with completion of stage 5 by June 2022. It is noted that this amended timeframe is a variation from the advertised application. The timeframe is well within the limits of the DER licence and remains subject to compliance with extraction volumes. The six year time frame is considered acceptable and a condition limiting the operation to June 2022 is recommended. In addition, Lot 21 on the opposite (western) side of Caves Road has the potential to be rezoned and developed as a ‘Hamlet’. It is likely that the extraction will have been completed prior to Lot 21 being developed. It is considered that the concerns raised during the advertising and referral period for the application have been addressed in the amended application and by way of conditions applied to the operation through the existing DER licence or as conditions that are recommended under the Local Law licence. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The following legislation is relevant to the extractive industry on Site: • Environmental Protection (Noise) Regulations 1997. • Mines Safety and Inspection Act 1994. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing Growth Sustainably Community Outcome 3.1: Clearly defined areas for growth and renewal Strategic Response: Implement service level strategy/plan: Provide planning services FINANCIAL IMPLICATIONS If Council resolves to refuse the application the Applicant has the right to apply to the State Administrative Tribunal for a review of Council’s decision. This would have financial implications to the Shire through the dedication of staff resources. Expenses associated with road maintenance will be either undertaken or paid for by the operator through a license condition. SUSTAINABILITY IMPLICATIONS Environmental Environmental impacts can be mitigated by conditions reflecting the advice and conditional licence approval issued by DoW. Social It is considered that through the imposition of conditions of planning approval that other impacts associated with the noise and landscape amenity can be appropriately managed. Economic Basic raw materials are of high importance in the context of built development and are a contributing factor to the growth and economic development of the locality. The supply of lime is an essential component for agricultural production in both the locality and the broader region. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council issues a license under the Extractive Industry Local Law 2014 to the Extractive Industry at 42 (Lot 61) Grosse Road, Hamelin Bay to Doust Enterprises WA Pty Ltd subject to the following conditions: 1. The extractive industry is to be carried out in compliance with the plans and documentation listed

below and endorsed with Council’s stamp, except where amended by other conditions of this licence.


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P1 being the Extraction Plan received at the Shire on 24 September 2015.

2. This licence is valid for six years including completion of the stage 5 extraction area. The expiry

date of the licence is 14 June 2022.

3. Extraction is permitted up to a maximum of 80,000 tonnes per annual period.

4. Extraction of stage 5 is only permitted to commence following rehabilitation of stages 1 – 3. Rehabilitation of stages 1 - 3 shall commence prior to moving on to stage 5 and shall be completed within a time frame to the satisfaction of the Shire.

5. All excavation areas shall be rehabilitated to the satisfaction of the Shire, and in accordance with the agreed performance target plan, within 12 months of depletion of the resource and as stated in the Excavation Plan.

6. The proponent shall pay a Rehabilitation Bond sufficient to ensure rehabilitation to final stage 5, within 90 days from the date of this licence, to be held against satisfactory completion of rehabilitation works required as a condition(s) of this licence.

7. The extractive industry, including site construction, is permitted to operate only from 7:00am to

5:00pm Monday to Friday and Saturdays from 7:30am to 2:00pm. The extractive industry shall not operate on Sundays or public holidays.

8. The maximum excavation level shall be 27.5m AHD and a minimum 1.0 metre separation from pit floor to maximum seasonal groundwater shall be maintained at all times. Should monitoring data indicate the 1.0m separation to the maximum seasonal groundwater criteria has been breached, the proponent shall notify the Shire within 14 days.

9. Excavation shall not intercept the water table. Excavation works are to cease immediately in the

event the water table is encountered/exposed. The Shire shall be advised within 24 hours that the water table has been encountered and restorative action shall be taken within a timeframe agreed with the Shire.

10. Dewatering of the extraction area is not permitted without approval of the Shire.

11. No standing water shall occur at the end of extraction / post rehabilitation.

12. A surveyed staff gauge shall be established in the lake within 30 days from the date of this

licence approval. Lake water levels shall be recorded monthly from the surveyed staff gauge. 13. A series of water table monitoring bores (piezometers) shall be installed on the Site including to

the north, south, east and west side of the constructed lake. The monitoring bores shall be installed to the specifications of the Department of Water and within 90days from the date of this licence. Water levels in the monitoring bores shall be recorded monthly and compared to the lake water level (which requires a surveyed staff gauge to be installed).

14. The proponent shall submit the monitoring information from the lake and from the monitoring

bores to the Department of Water in an Annual Water Monitoring Report. 15. Major repairs and maintenance of vehicles is not permitted on Site. 16. Blasting activities are not permitted on Site. 17. On-site refuelling of equipment shall be conducted using appropriate spill prevention and clean-

up equipment.


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18. Surface water runoff from the site shall be contained onsite and appropriate measures shall be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or drainage system.

19. The proponent shall implement, to the satisfaction of the Shire, all measures necessary to

prevent erosion or airborne transmission of soil (dust control) from the development. 20. Suitable arrangements to be made with the Shire for the upgrading and construction of the

intersection of Grosse Road and Caves Road, at the full cost of the proponent, to the specification of Main Roads Western Australia and to the satisfaction of the Shire. Upgrading and construction of the intersection shall be completed within six months from the date of this licence.

21. The proponent shall be responsible for the cost of repairs of any Shire managed roads and

infrastructure damaged as a direct result of the approved extractive industry. 22. An agreement shall be entered into with the Shire to ensure suitable maintenance of Grosse

Road by the developer whilst the extraction industry is in operation such as grading, pruning etc. The agreement shall be finalised within six months from the date of this licence.

23. The maximum number of trucks per day is restricted to 25 in and 25 out (50 truck movements). A log book shall be provided at the request of the Shire at any time to demonstrate compliance with this condition. The condition excludes vehicle movements onsite for management purposes such as for dust suppression.

24. All vehicles classified as heavy vehicles, i.e. class 3 and above, are considered to be trucks for the purposes of condition 23 above.

25. Works are prohibited within the road reserve including any pruning or clearing of vegetation

without prior written approval of the Shire. 26. The proponent shall submit and implement a Traffic Management Plan prepared by a licenced

Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road).

27. Areas of native vegetation, outside the extraction ‘Lime Sand Operation’ shown on the Extraction

Plan, shall be retained and must not be damaged by any works including the placement of fill, rubble, rubbish or any other material, nor is any removal, clearing or damage to occur to any vegetation.

28. The proponent shall prepare a Noise Management Plan to the satisfaction of the Shire. The

Noise Management Plan shall include details of operational management, acoustic treatments and compliant response procedures for operations on the site.

ADVICE NOTES a. You are advised of the need to comply with the requirements of the following other legislation:

(i) Health Act 1911 and Department requirements in respect to the development and

use of the premises; and (ii) The Aboriginal Heritage Act 1972.

b. The proponent is also advised to refer to the principles of best practice drainage design as

described in the Stormwater Management Manual for Western Australia. (P) c. The proponent is required to ensure that ongoing operational activities associated with the

approved development including processing and transportation, and any other works that cannot be considered as construction site work, complies with the standard prescribed under the Environmental Protection (Noise) Regulations 1997.


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d. The development has obligations under the Environmental Protection (Noise) Regulations 1997. These regulations require noise emissions from the premises to comply with the assigned noise levels set out in the regulations.

e. Noise monitoring required at the request of the Shire is to be undertaken by a person authorised

under the Environmental Protection Act 1986.

f. As a noise control measure it is advised that it is considered to install ‘broadband’ reversing alarms on all mobile plant (including transport vehicles) instead of ‘tonal’ alarms. Care must be taken to ensure that a safe work place is maintained when choosing those alarms.


from the Department of Environment and Regulation.

h. Compliance with the terms, conditions or restrictions of this licence does not in any way absolve responsibility for compliance with the requirements of all Commonwealth and State legislation. In particular, please note the requirements for the ‘Clearing of native vegetation’ under Part V of the Environmental Protection Act 1986. A clearing permit may be required from the Department of Parks and Wildlife prior to any vegetation clearing works.

ATTACHMENTS 1. Extraction Plan. 2. Schedule of Submissions. RECOMMENDATION / COUNCIL DECISION CR LANE, CR KENNAUGH OM2016/113 That Council issues a license under the Extractive Industry Local Law 2014 to the Extractive Industry at 42 (Lot 61) Grosse Road, Hamelin Bay to Doust Enterprises WA Pty Ltd subject to the following conditions:

1. The extractive industry is to be carried out in compliance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this licence.


P1 being the Extraction Plan received at the Shire on 24 September 2015.

2. This licence is valid for six years including completion of the stage 5 extraction area. The

expiry date of the licence is 14 June 2022.

3. Extraction is permitted up to a maximum of 80,000 tonnes per annual period.

4. Extraction of stage 5 is only permitted to commence following rehabilitation of stages 1 – 3. Rehabilitation of stages 1 - 3 shall commence prior to moving on to stage 5 and shall be completed within a time frame to the satisfaction of the Shire.

5. All excavation areas shall be rehabilitated to the satisfaction of the Shire, and in accordance with the agreed performance target plan, within 12 months of depletion of the resource and as stated in the Excavation Plan.

6. The proponent shall pay a Rehabilitation Bond sufficient to ensure rehabilitation to final stage 5, within 90 days from the date of this licence, to be held against satisfactory completion of rehabilitation works required as a condition(s) of this licence.

7. The extractive industry, including site construction, is permitted to operate only from

7:00am to 5:00pm Monday to Friday and Saturdays from 7:00am to 2:00pm. The extractive industry shall not operate on Sundays or public holidays.


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8. The maximum excavation level shall be 27.5m AHD and a minimum 1.0 metre separation from pit floor to maximum seasonal groundwater shall be maintained at all times. Should monitoring data indicate the 1.0m separation to the maximum seasonal groundwater criteria has been breached, the proponent shall notify the Shire within 14 days.

9. Excavation shall not intercept the water table. Excavation works are to cease immediately

in the event the water table is encountered/exposed. The Shire shall be advised within 24 hours that the water table has been encountered and restorative action shall be taken within a timeframe agreed with the Shire.

10. Dewatering of the extraction area is not permitted without approval of the Shire.

11. No standing water shall occur at the end of extraction / post rehabilitation.

12. A surveyed staff gauge shall be established in the lake within 30 days from the date of this

licence approval. Lake water levels shall be recorded monthly from the surveyed staff gauge.

13. A series of water table monitoring bores (piezometers) shall be installed on the Site

including to the north, south, east and west side of the constructed lake. The monitoring bores shall be installed to the specifications of the Department of Water and within 90days from the date of this licence. Water levels in the monitoring bores shall be recorded monthly and compared to the lake water level (which requires a surveyed staff gauge to be installed).

14. The proponent shall submit the monitoring information from the lake and from the

monitoring bores to the Department of Water in an Annual Water Monitoring Report. 15. Major repairs and maintenance of vehicles is not permitted on Site. 16. Blasting activities are not permitted on Site. 17. On-site refuelling of equipment shall be conducted using appropriate spill prevention and

clean-up equipment. 18. Surface water runoff from the site shall be contained onsite and appropriate measures

shall be put in place, to the satisfaction of the Shire, to avoid sediment mobilisation to any open watercourse or drainage system.

19. The proponent shall implement, to the satisfaction of the Shire, all measures necessary to

prevent erosion or airborne transmission of soil (dust control) from the development. 20. Suitable arrangements to be made with the Shire for the upgrading and construction of

the intersection of Grosse Road and Caves Road, at the full cost of the proponent, to the specification of Main Roads Western Australia and to the satisfaction of the Shire. Upgrading and construction of the intersection shall be completed within six months from the date of this licence.

21. The proponent shall be responsible for the cost of repairs of any Shire managed roads

and infrastructure damaged as a direct result of the approved extractive industry. 22. An agreement shall be entered into with the Shire to ensure suitable maintenance of

Grosse Road by the developer whilst the extraction industry is in operation such as grading, pruning etc. The agreement shall be finalised within six months from the date of this licence.

23. The maximum number of trucks per day is restricted to 25 in and 25 out (50 truck movements). A log book shall be provided at the request of the Shire at any time to demonstrate compliance with this condition. The condition excludes vehicle movements onsite for management purposes such as for dust suppression.


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24. All vehicles classified as heavy vehicles, i.e. class 3 and above, are considered to be

trucks for the purposes of condition 23 above. 25. Works are prohibited within the road reserve including any pruning or clearing of

vegetation without prior written approval of the Shire. 26. The proponent shall submit and implement a Traffic Management Plan prepared by a

licenced Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road).

27. Areas of native vegetation, outside the extraction ‘Lime Sand Operation’ shown on the

Extraction Plan, shall be retained and must not be damaged by any works including the placement of fill, rubble, rubbish or any other material, nor is any removal, clearing or damage to occur to any vegetation.

28. The proponent shall prepare a Noise Management Plan to the satisfaction of the Shire.

The Noise Management Plan shall include details of operational management, acoustic treatments and compliant response procedures for operations on the site.

ADVICE NOTES a. You are advised of the need to comply with the requirements of the following other

legislation:




c. The proponent is required to ensure that ongoing operational activities associated with

the approved development including processing and transportation, and any other works that cannot be considered as construction site work, complies with the standard prescribed under the Environmental Protection (Noise) Regulations 1997.

d. The development has obligations under the Environmental Protection (Noise) Regulations

1997. These regulations require noise emissions from the premises to comply with the assigned noise levels set out in the regulations.


authorised under the Environmental Protection Act 1986.

f. As a noise control measure it is advised that it is considered to install ‘broadband’ reversing alarms on all mobile plant (including transport vehicles) instead of ‘tonal’ alarms. Care must be taken to ensure that a safe work place is maintained when choosing those alarms.

g. Hydrocarbons must be stored on site in accordance with the conditions of the licence

granted from the Department of Environment and Regulation.

h. Compliance with the terms, conditions or restrictions of this licence does not in any way absolve responsibility for compliance with the requirements of all Commonwealth and State legislation. In particular, please note the requirements for the ‘Clearing of native vegetation’ under Part V of the Environmental Protection Act 1986. A clearing permit may be required from the Department of Parks and Wildlife prior to any vegetation clearing works.

CARRIED 7/0


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11.2.4 COASTAL HAZARD RISK MANAGEMENT AND ADAPTATION PLAN LOCATION/ADDRESS Various Properties APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ENV/128 REPORT AUTHOR Jared Drummond, Sustainability Planning Officer AUTHORISING OFFICER Nick Logan, Acting Director Sustainable Development IN BRIEF • The report discusses a strategic approach to potential coastal hazards, including the need to

factor in coastal adaptation measures wherever new development or upgrading to existing coastal infrastructure is being considered.

• The report highlights the importance of undertaking coastal monitoring and geotechnical investigation (particularly of limestone cliffs) as a means of refining coastal inundation and erosion data.

• The report outlines a prudent approach to disclose information relating to future shoreline predictions.

• The report discusses the need to incorporate findings from the Coastal Hazard Risk Management and Adaptation Plan (CHRMAP) into Shire infrastructure and planning documents.

RECOMMENDATION That Council: 1. Adopts the Coastal Hazard Risk Management and Adaptation Plan. 2. Includes the report titled 'Adaptation to Climate Change in the Augusta Margaret River Shire' as

an Appendix to the Coastal Hazard Risk Management and Adaptation Plan. 3. Notes that a process will be developed to ensure prospective purchasers of coastal property are

made aware of lots which may be subject to coastal processes. 4. Notes inclusion of the 100 year coastal processes mapping through Intramaps mapping system. 5. Incorporates an ongoing action for implementation of the Coastal Hazard Risk Management and

Adaptation Plan in the Shire’s Corporate Plan. TABLED ITEMS Coastal Hazard Risk Management and Adaptation Plan (November 2015) BACKGROUND The Coastal Hazard Risk Management Adaptation Plan (CHRMAP) was prepared as Phase One of an overarching Climate Change Response Plan, identified as an action in the Shire of Augusta Margaret River Strategic Community Plan 2033 and Corporate Plan 2015-2019. The study has been prepared to provide strategic guidance on land use and development in the coastal zone. The study is also identified as a key action in the Shire’s Risk Management Plan. In 2013, the Shire was successful in receiving $50,000 grant funding from Department of Planning (DoP) through the Coastal Management Planning Adaptation Program. The funding was utilised to appoint a locally based coastal consultant Shore Coastal to undertake an assessment of impacts along the coast in the short, medium and long term. The study focuses on seven coastal settlements in the Shire including Gracetown, Prevelly, Gnarabup, Hamelin Bay, Molloy Island, Augusta North and Augusta South. These settlements are the primary focus of the study. The study has been prepared in liaison with the DoP, Department of Transport (DoT) and key stakeholders from the local community. A requirement of the funding agreement between the Shire and DoP was to prepare a set of project milestones to guide each phase of the plan. The timeframe for the project was initially proposed for completion in December 2015. An extension to the project was approved by the Department of Planning until the end of the 2015-16 financial year to allow for a more detailed technical assessment to be prepared and to undertake further consultation.


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CONSULTATION Steering Committee A requirement of the funding agreement was to form a Steering Committee between various government agencies as a means of providing guidance and to ensure the project was completed within the scheduled timeframe. The Steering Committee consists of representatives from DoP, DoT and the Shire. The Steering Committee held bi-monthly meetings during preparation of the plan, with the aim of providing technical guidance during critical stages of the plan. The study has been referred to the steering committee. No comments were received from the steering committee in relation to the draft plan.

Consultation with key stakeholders The study was advertised to landowners located within the 0-10 year (high exposure), 10-20 year (medium exposure) or 20-100 year (low exposure) coastal planning areas identified in the study. The following groups were also consulted during advertising:

- Transition Margaret River - Environmental groups (CCG, Surfrider Foundation, Tangaroa Blue, M/R Environment Centre) - DPAW - Coastal Residents Associations (Gnarabup, Gracetown, Prevelly/Wilderness, Molloy Is. and

Margaret River) - Tourism association - Chamber of Commerce (Augusta and Margaret River) - Curtin University - Augusta Community Development Association.

During advertising Shire officers had numerous discussions with the members of the local community wishing to find out more about the outcomes, discuss the likelihood of inundation actually occurring, and what the study means in terms of future coastal planning and development. Two submissions in support were received (Attachment 2), one from DPAW and the other from the Margaret River Coastal Residents Association. A summary of the key points raised are provided below:

• Support to undertake review of limestone cliff stability. • Inclusion of planning guidelines for areas located within the coastal study areas. • Support for more detailed monitoring and analysis of data generated from the study. • Detailed research is required for key Shire assets, particularly at South Point, Prevelly and

Gnarabup. • Support recommendations of the study.

During preparation of the CHRMAP two workshops were held with key stakeholders, and outcomes presented to the group. The earlier consultation with key stakeholders is thought to be the reason for the relatively low number of submissions received. Climate adaptation workshop The ‘Adaptation to Climate Change in the Augusta Margaret River Shire Workshop’ was organised in partnership between Curtin University Sustainability Policy Institute (CUSP), Transition Margaret River (TMR), Augusta Margaret River Shire (AMR Shire) and Cape to Cape Catchments Group (CCG). The key objective for the day was to develop shared understandings about the impacts of climate change on the Augusta Margaret River Shire, and to develop pathways forward.

The four layers of ‘sustainability’ were defined as follows: (1) Social – how will climate change affect our ability to ‘get together’, ‘belong’ and ‘organise to

meet our needs’ here? How will it affect our social lives? (2) Cultural – how will climate change affect our cultural character? Our heritage? How we make

meaning here? (3) Environmental– how will climate change affect biodiversity conservation and ecosystem

health along the coast? Our ability to protect these features? (4) Economic – how will climate change affect our infrastructure? People’s ability to make a

livelihood? Land values and property markets?


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One component of the workshop was to address the above layers of sustainability values along the Shire’s coastline, and develop a number of adaptive pathways. A key objective underpinning the workshop was to add value to the CHRMAP study in terms of community sustainability values in the context of climate change and the findings from the draft CHRMAP. It is recommended that the ‘Adaptation to Climate Change in the Augusta Margaret River Shire Workshop’ (coastal section of the report) forms an Appendix to the CHRMAP (Attachment 1). The outcomes of the Appendix will be used to inform coastal planning decisions in the study area in the future. PLANNING DISCUSSION Methodology The CHRMAP has been prepared utilising the following methodology:

• Establishing the context – setting objectives for coastal zone management. • Risk Identification – Identifying the built, natural and community assets at risk from coastal

hazards (e.g. beach erosion, sea level rise, coastal inundation etc.). • Risk analysis – Establish the likelihood and the consequence associated with each coastal

risk. • Risk evaluation – Establishing tolerable level of risk, what controls/mitigating actions already

in place. • Risk treatment options – what measures can be used to reduce the risk to a tolerable level?

What are the costs/benefits of the measures? At what trigger level do we implement the measures?

• Implement management strategies. There are several key outcomes of the CHRMAP. Knowledge gaps The CHRMAP assessment was completed with available coastal data at the time of preparation. However there are significant data gaps that limit the assessment of coastal asset risk and future shoreline setbacks. The 5 metre interval topographic data means the analysis of inundation hazard is limited to a very broad scale assessment. The lack of detailed geotechnical data has also lead to limitations in the ability to assess the influence of coastal processes, particularly in areas of weakly lithified limestone cliffs. As a result a larger coastal exposure area is identified, including more coastal assets. More detailed geotechnical and topographic data will allow the coastal exposure areas and the list of vulnerable coastal assets to be refined. A key recommendation of the CHRMAP is to commence a monitoring and data collection exercise that will fill in data gaps and allow a more refined assessment of coastal asset risk in the future. Adaptation measures The CHRMAP notes a number of areas that may be subject to inundation in the next 10 years (high risk), 0 -20 years (medium risk) and 20 - 100 year (low risk) planning periods. These areas are known as the ‘100 year planning area’. The CHRMAP identifies a number of high and very high risk assets along the coastline, which are predominantly public assets. The very high risk public coastal assets (next 10 years) identified through this process include Prevelly, Rivermouth Carpark, Gnarabup Beach Carpark, White Elephant Café and associated structures, Molloy Island Car Ferry Infrastructure, Ellis Street Jetty and Augusta South- Albany Terrace. A small number of private residences in Molloy Island and Augusta were also identified as potentially at risk. The report also identifies a small number of public assets, private residences and undeveloped sites within the low and medium exposure areas. Underpinning the CHRMAP is the need to establish adaptation measures that will reduce impacts of coastal change upon key assets, based on the overriding presumption of avoiding risk in the first instance. The identification of (developed or undeveloped) assets within the low and medium risk areas does not necessarily mean development cannot occur. Similarly, because an asset is identified as ‘high’ or ‘very high’ risk assets do not mean they are necessarily at immediate risk of damage. The CHRMAP recommends a number of coastal adaptation measures be implemented prior to establishing land use planning regulations, including prioritising monitoring, inspections, maintenance and strategic longer term planning of these assets. Key adaptation measures recommended in the plan include:


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• Assessment of limestone cliff stability - a geotechnical investigation and safety signage audit be undertaken on limestone cliffs (weakly lithified sedimentary rock coasts) as an initial priority, particularly areas associated with significant assets and/or public use.

• Systematic coastal monitoring and inspections – Detailed aerial modelling of the shoreline position is recommended.

• Coastal adaptation of coastal stairs and platforms - Coastal stairs and platforms, especially in Gracetown and Gnarabup, are frequently undermined by coastal processes. Designs that allow for coastal processes to be accommodated should be undertaken for these structures through replacement processes.

• Planning for high risk assets - The Turner Caravan Park, Albany Terrace, Prevelly/Gnarabup walkway and the carparks at South Point, Rivermouth, Gnarabup and Flinders Bay are relatively high cost assets in high coastal exposure areas (i.e. located close to the coast in relatively exposed areas). Site-specific adaptation plans should be developed for each of these sites.

• Coastal investigations - The coastal processes around Prevelly, Gnarabup and the Rivermouth, and the riverine flooding likely in the Blackwood River at Augusta are complex and relatively poorly understood. Investigations are recommended to improve understanding and facilitate responses to coastal processes in these areas.

Proposed adaptation measures in 2016-17 A number of projects are underway or proposed to be undertaken in 2016-17 (subject to DoT grant funding) in accordance with CHRMAP recommendations. These include: Geotechnical assessment of limestone cliffs and associated safety signage This assessment is a key recommendation of the CHRMAP and is considered an urgent action in terms of providing safety to the general public. An assessment of the limestone cliffs and review of safety signage will identify limestone cliffs that may be impacted from coastal processes. A component of the investigation will assess the stability of the sedimentary rock coastline to determine the required set-backs for assets constructed near limestone cliffs. The anticipated outcomes of this assessment are expected to:

- Assess the stability of limestone cliffs, particularly high traffic areas and improve signage; - Inform planning policy and allow planning of adaptation options for assets already located in

these areas; and - Refine the assessment of limestone cliffs previously assessed through the CHRMAP.

High resolution aerial survey The Shire is limited to 5m interval topographic data which means the analysis of inundation hazard is limited to a very broad scale assessment. Undertaking a detailed aerial survey will provide refined evaluation of inundation hazard and provide a sound basis for undertaking on-going coastal adaptation. The survey will provide baseline data which will assist annual beach profile surveys and photo monitoring recommended through the CHRMAP assessment. Wave modelling The Shire received $44,000 in Department of Transport Coastal Adaptation Planning grant funding to undertake a study into coastal processes in the Gnarabup to Prevelly area. The project commenced in November 2015 and will extend to December 2016 or possibly longer. The project includes installation of a series of nine pressure and wave sensor instruments within and outside the lagoon, plus time lapse cameras, beach surveys and photo monitoring to better understand coastal processes and risks to Shire infrastructure such as Gnarabup boat ramp, beach access stairs, coastal tracks and the White Elephant Café. The Shire has contracted the University of Western Australia to deliver the project. Legal implications WALGA prepared a Discussion Paper in 2015 titled ‘Local Government and Coastal Land Use Planning’. The paper recognises the vulnerability of land use and development within the Western Australian coastal zone, and expects this situation to worsen in the future. The Paper suggests that litigation regarding coastal assets is likely to increase, placing greater responsibility on local government, especially as coastal population continues to grow and further assets are proposed within vulnerable coastal areas. Legal advice prepared by Baker and McKenzie – Local Council Risk


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of Liability in the Face of Climate Change – Resolving Uncertainties states that in order to mitigate liability; local government must ensure that they keep up to date with general climate change science and information relating to mitigation and adaptation strategies. The report states that clear and certain criteria for decision-making should be developed to increase public confidence that decisions are made on the basis of best available scientific evidence. The CHRMAP recommends undertaking a number of high level adaptation measures to reduce risk and projected coastal processes i.e. inundation and erosion. Once these high level actions have been implemented the Shire will be in a more qualified position to develop sound criteria for decision-making, and incorporate text into the Scheme, LPS and other relevant corporate planning documents. A commitment to undertake recommendations from the CHRMAP demonstrates a proactive response to assessing risk and setting an appropriate response. Information on coastal processes and potential risks to key assets must also be incorporated into planning mechanisms, governance and operational actions. Under duty of care, local government is required to provide information to coastal communities based on the findings from the CHRMAP. As a first step it is recommended that inundation mapping is made available to the local community through the Shire’s Intramap mapping service. The adopted CHRMAP will be placed on the Shire’s website. The Cockburn Sound Alliance has been through a similar public information exercise for their coastal vulnerability study. Secondly, the Shire will seek to inform purchasers of land within the 100 year coastal study area, in particular, conveying information about predicted coastal inundation. It is recommended that relevant information from the CHRMAP is incorporated into the Shire’s Orders and Requisitions process, and information provided to prospective purchasers of land and land valuers. Planning mechanisms A recommended coastal monitoring and adaptation program is included in Table 5.2.1, complete with cost estimates. While implementation is recommended under a 5 year process, it will be subject to future budget processes, natural renewal of assets and availability of grant funds. A significant proportion of these works are eligible for funding through Coastal Adaptation and Protection grants. The study also identifies potential longer-term coastal management issues that will require strategic planning in the medium term. The coastal monitoring and adaptation program should both provide the data to inform these longer term strategic decisions, improve the understanding in the community of coastal processes and adaptation, and progressively improve the resilience of coastal areas to coastal change Review of CHRMAP In order to allow for the continued and effective management of the coastal zone it is proposed that the works program is updated on an annual basis. This would be undertaken following the completion of the works program for that year. This would allow for the integration of any works resulting from the monitoring and investigation exercises in the future program, supported by an on-going action incorporated into the Corporate Plan. STRATEGIC PLAN / POLICY IMPLICATIONS The Community Strategic Plan 2033 and Corporate Business Plan 2015-2019 refer to preparation of a Climate Change Response Plan as outlined below. The CHRMAP is a component of this broad scale plan, and will need to be incorporated into Shire’s strategic documents below. Community Strategic Plan 2033 (CSP) Goal 1: Valuing the natural environment Strategies: Plan proactively and respond to climate change. Key projects: Climate Change Response Plan Corporate Business Plan 2015-2019 Goal 1: Valuing the natural environment Community Outcome 1.2: Climate change response Strategic Response 1.2.1: Plan proactively and respond to climate change Service level plan 1.2.1.1: Develop a draft Climate Change Response Plan


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PLANNING FRAMEWORK National and international coastal planning practices are increasingly adopting a risk management approach to deal with the potential adverse impacts of coastal hazards. This ensures that coastal hazards are appropriately factored into decision-making processes for sustainable land use and development in the coastal zone. The State Government’s State Coastal Planning Policy No. 2.6 (SPP2.6) supports a risk management approach and provides the framework for undertaking risk management and adaptation planning for coastal hazards in Western Australia. The Shire’s CHRMAP has been prepared in accordance with SPP2.6 and the subsequent CHRMAP Guidelines gazetted in September 2014. FINANCIAL IMPLICATIONS The CHRMAP sets out a recommended coastal monitoring and adaptation program complete with cost estimates. There are a number of funding avenues open to help with coastal management and adaptation works. These will be explored to assist with funding for the works program outlined in the CHRMAP. The majority of coastal management and adaptation works in other local governments are funded through the Department of Transport Coastal Adaptation and Protection Scheme (CAPS) grants. This funding scheme is available for investigations, monitoring, maintenance and capital works on coastal protection and adaptation structures. Funding should therefore be sought for all works within the program, other than for those specifically related to boat ramps where other funding avenues are available. The Shire has a CAPS grant in process for the 2016-2017 financial year. The other funding avenues specifically open to works associated with boat ramps is the Department of Transport Recreational Boating Facilities Scheme (RBFS) grants. The study sets a basis for targeting grant funding to ensure an appropriate response to risk. CONCLUSION The CHRMAP identifies a number of key assets along the coast. The major value assets are the beaches and consequently the facilities provided to support beach use. The majority of assets are located outside high coastal exposure areas, however a number of assets also have to be located within this area due to their function (e.g. beach access stairs.). Continued monitoring and further investigations will assist with development of suitable adaptation options and will inform the Shire when adaptation strategies require implementation. Some consideration of assets within the medium and low coastal exposure areas is also required. There is insufficient information available for the assessment of coastal hazard risk within the Shire (topographic data, historical shoreline trends etc.). This has limited the assessment of the risk associated with coastal assets, notably along weakly lithified limestone coast. However, the future collection of more detailed data, as recommended in the report, would allow the study and subsequent risk assessment to be refined. This would further refine the management and adaptation strategies for the Shire. Notwithstanding the lack of data there are some obvious issues that require immediate attention along the Shire’s coastline. In particular the lack of geotechnical assessments of the weakly lithified sedimentary rock coast has resulted in poor understanding of the stability of these coasts and the risk of failure of these sections of coast. This study and the associated program of works will need to be reviewed regularly in light of more detailed information and monitoring to assess its relevance and allow for updating of the plan and program. The program of works will need to be built into relevant planning mechanisms including the Corporate Plan and annual Operational Plan. The Shire will need to determine the most suitable process for implementing the recommendations of the plan. In addition the funding mechanisms identified will need to be explored further. Importantly, the Shire has a duty of care to ensure information is made available to the coastal community on coastal processes such as coastal inundation and erosion. Implementation of the adaptive measures set out in the CHRMAP is expected to reduce potential litigation cases facing the Shire as they cannot be held negligent for not acting on the outcomes of the CHRMAP. SUSTAINABILITY IMPLICATIONS Environmental A key aspect of the CHRMAP is to ensure protection of the Shire’s coastline from coastal processes including sea level rise and other coastal processes. An adaptation hierarchy system has been prepared to determine the most effective ways to protect the Shire’s coastline in the future.


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Social The long term impacts of sea level rise and other coastal processes is expected to impact areas of the coastline currently used for recreational activities. A component of the CHRMAP is to understand the community’s values towards key assets and coastal nodes, and plan for the protection of these areas. Economic The CHRMAP recommends a plan for coastal adaptation works over the next five years. There is also expected to be on-going long term financial implications with the protection of coastal assets. It is expected that a large proportion of these costs will be available through state funding. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Adopts the Coastal Hazard Risk Management and Adaptation Plan. 2. Includes the report titled 'Adaptation to Climate Change in the Augusta Margaret River Shire' as

an Appendix to the Coastal Hazard Risk Management and Adaptation Plan. 3. Notes that a process will be developed to ensure prospective purchasers of coastal property are

made aware of lots which may be subject to coastal processes. 4. Notes inclusion of the 100 year coastal processes mapping through Intramaps mapping system. 5. Incorporates an ongoing action for implementation of the Coastal Hazard Risk Management and

Adaptation Plan in the Shire’s Corporate Plan. ADVICE TO APPLICANT Nil ATTACHMENTS 1. Adaptation to Climate Change in the Augusta Margaret River Shire – Coastal Zone 2. Schedule of Submissions RECOMMENDATION / COUNCIL DECISION CR LANE, CR SMART OM2016/114 That Council: 1. Adopts the Coastal Hazard Risk Management and Adaptation Plan. 2. Includes the report titled 'Adaptation to Climate Change in the Augusta Margaret River

Shire' as an Appendix to the Coastal Hazard Risk Management and Adaptation Plan. 3. Notes that a process will be developed to ensure prospective purchasers of coastal

property are made aware of lots which may be subject to coastal processes. 4. Notes inclusion of the 100 year coastal processes mapping through Intramaps mapping

system. 5. Incorporates an ongoing action for implementation of the Coastal Hazard Risk

Management and Adaptation Plan in the Shire’s Corporate Plan. CARRIED 7/0


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11.2.5 REVIEW OF THE SHIRE'S ENVIRONMENTAL STEWARDSHIP AND GRANTS PROGRAMS LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE LND/7 REPORT AUTHOR Jared Drummond, Sustainability Planning Officer AUTHORISING OFFICER Nick Logan, Acting Director Sustainable Development IN BRIEF • Council requested a review of the environmental stewardship and grants program to inform the

2016-17 budget. • The program funds on-ground land management by landowners on private property. • It is recommended that scheme continue. RECOMMENDATION That Council 1. Supports the on-going continuation of the environmental stewardship and grants programs. 2. Reallocates funding set aside for implementation of the environmental stewardship and grants

programs to the Environmental Management Fund. BACKGROUND In May 2010, Council resolved to develop an Environmental Stewardship Program and an Environmental Grants Program. The Stewardship and Grants programs have now been in operation for five years. On 14 October 2015 Council resolved as follows: ‘That Council reviews the cost/benefit of the environmental grants and stewardship programs as part of the consideration of the 2016/17 budget’. (OM2015/206). PLANNING FRAMEWORK Local Planning Strategy (amended 2016) The Local Planning Strategy (LPS) sets out the following for the conservation incentives. Incentives for conservation on private land The local government adopted a Conservation Incentive Strategy in May 2010 to assist landholders with conservation and management of natural areas and native vegetation on private land, including conservation covenants associated with subdivision incentives. The provision of incentives for biodiversity conservation on private land demonstrates the commitment of the Shire to biodiversity conservation and acknowledges the efforts of private landholders to manage and protect natural areas. The following conservation incentives are available to private landowners: • Environmental Stewardship Programme

Involves the provision of professional environmental advice and the preparation of an Environmental Management Plan for private land. The plan is a pre-requisite for applying for environmental grants in the following year. The objective of the program is to educate landholders on how to retain and enhance native flora and fauna on their properties. Plans identify how to protect natural areas on privately owned rural land so that the Shire's environmental, conservation, and biodiversity values are managed correctly in to the future.


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• Environmental Grants Programme The grants program involves the provision of direct funding to support on-ground environmental management activities to assist landholders to achieve better conservation outcomes. The program enables the Shire to assist landholders who are genuinely interested in biodiversity conservation, including those who might not be eligible for State or federal environmental grants.

The following is provided under Section 6 ‘Local government aims and objectives’ of LPS. 6.2 Biodiversity and Environmental Values • Implement actions set out in the Shire’s Conservation Incentive Strategy (environmental

stewardship programme, environmental grants programme and subdivision for conservation) to provide protection of biodiversity values on private land.

2015-2019 Corporate Plan The 2015-2019 Corporate Plan confirms that: ‘environmental protection and enhancement is progressed through initiatives such as the Shire’s Conservation Incentive Strategy and the Local Energy Action Plan’. Community Strategic Plan (2033) The Community Strategic Plan under ‘Goal 1: Valuing the natural environment’ includes the following for the Conservation Incentives Strategy: - Key projects: Implement the Conservation Incentive Strategy.

OFFICER COMMENTS Outcomes to date The stewardship and grants programs have been in effect since 2010-11. The table below shows that grant funding has been awarded to 17 properties (equivalent to $50,000 of on-ground works) and a further 25 properties have been appointed to the stewardship program, resulting in preparation of an Environmental Action Plan for each property. The program was refined in 2015-16 to reduce appointment to a maximum of three properties to the grants program and a further three to the stewardship program. This ensured that only properties of the highest environmental significance received funding. The programs have received some criticism in the past due to the difficulty in attracting landholders to the programs and it is acknowledged that if the programs are to continue, a more visible marketing campaign is required. The on-ground activities (grants program) benefit not only private landholdings but also adjacent reserves, including the national park. These benefits include reducing the spread of weeds, improving water quality, feral animal control and dieback control. Besides the on-ground activities, these programs also provide environmental expertise (stewardship program) to landowners and the motivation and financial means to complete the work. Often, the landowner purchases goods i.e. fencing through available funding and completes the work themselves. This in-kind contribution adds to the value of the program as the labour component is essentially carried by the landowner. Financial Year

Actions undertaken through the grants program No. of grants applications approved

No. of stewardship applications approved

2010-11 • Fencing exclusion zones within the bush to protect from kangaroo damage.

• Revegetation and weed control along Boodjidup Brook.

2

8

2011-12 • Fencing and revegetation 3 7 2012-13 • Fence off tributary to the Cowaramup Brook and

undertake revegetation along riparian areas. • Fence off tributary to the Chapman Brook. • Weed control adjacent to Leeuwin Naturaliste

Ridge National Park. • Fox control.

5

2


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2013-14 • Dieback control. • Control of arum lily population.

2

4

2014-15 • Fencing off watercourses to exclude stock. • Dieback treatment. • Fox baiting, weed control and erosion

management.

2

1

2015-16 • Weed control (arum lily and dolichos pea) and fox baiting adjacent to Leeuwin Naturaliste Ridge National Park.

• Revegetation along Boodjidup Brook.

3

3

TOTAL APPLICATIONS APPROVED 17 25 Future of the Program There are two improvements which could be made to the Program to improve its flexibility and effectiveness in the event that Council supports its continuation. The first requires that funds be allocated strategically to accord with works being undertaken in defined geographical areas by the Shire and other stakeholders operating in this space such as Lower Blackwood Landcare Group and the Cape to Cape Catchment Group. This would multiply the beneficial effects of works occurring on private properties by combining them with those occurring on Shire/Crown reserves and on surrounding freehold land as funded by others. The mechanism for defining these strategic objectives would most logically occur through the Shire’s Environmental Sustainability Strategy currently under preparation. The second suggested improvement is to align the funds allocated to the stewardship and grants programme to the Environmental Management Fund (EMF). Council has requested that a 4 year forward works plan be created to guide the implementation of the EMF. This is being pursued via the Shire’s Environmental Sustainability Strategy. In this way, the allocation of funds could be targeted to accord with the Shire’s strategic objectives but also repurposed if necessary to other forms of on ground works or grants, for example in the event that no landowners apply for funding on a given year, or where applicants properties are not located according to the Shire’s focus area for that financial year. It is recommended that the grant and stewardship program continue subject to the changes outlined above. FINANCIAL IMPLICATIONS It is recommended that $15,000 allocated to the grant and stewardship program is retained. SUSTAINABILITY IMPLICATIONS Environmental The stewardship and grants programs deliver a positive environmental benefit to rural landowners in return for implementing environmental activities. Social Protecting the natural environment is valued strongly by the community. The stewardship and grants Program provide awareness for biodiversity protection. Economic Implementation of the stewardship and grants program contribute towards the Shire’s brand as being environmentally conscious. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council 1. Supports the on-going continuation of the environmental stewardship and grants programs. 2. Reallocates funding set aside for implementation of the environmental stewardship and grants

programs to the Environmental Management Fund.


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ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR HAYNES, CR TOWNSHEND OM2016/115 That Council 1. Supports the on-going continuation of the environmental stewardship and grants

programs. 2. Reallocates funding set aside for implementation of the environmental stewardship and

grants programs to the Environmental Management Fund. CARRIED 7/0


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11.2.6 SCHEME AMENDMENT INITIATION - REZONING CONSERVATION LOTS TO BUSHLAND PROTECTION ZONE LOCATION/ADDRESS Various APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ENV/63 REPORT AUTHOR Jared Drummond – Sustainability Planning Officer AUTHORISING OFFICER Nick Logan – Acting Director Sustainable Development IN BRIEF • This Amendment proposes to rezone rural land to the Bushland Protection Zone (BPZ) where a

conservation lot subdivision has been approved. • The Amendment also proposes a minor modification to the BPZ to provide for low impact tourism

development on conservation lots where it does not impact upon environmental values. A number of amendments to the BPZ of the Scheme are recommended.

• The report recommends amending Local Planning Policy – Subdivision for Conservation (LPP16) to ensure consistency with the proposed amendments to the Scheme.

• The rationale for each amendment is explained in detail in the body of this report. RECOMMENDATION That Council: a) Initiates Scheme Amendment No. 48 to Local Planning Scheme No. 1 for the purpose of public

consultation for consistency with the proposed Amendment; and b) Initiates amendments to the LPP16. TABLED ITEMS Nil BACKGROUND Council adopted a Conservation Incentive Strategy in February 2010 as a means of developing incentives to protect the Shire’s environmental values, with a focus on larger rural zoned lots. As an outcome of the Strategy Council adopted the environmental stewardship program, environmental grants program and subdivision for conservation planning mechanisms. Local Planning Policy 16 – Subdivision for Conservation (LPP16) was prepared to guide implementation of the subdivision mechanisms outlined in the Conservation Incentive Strategy, whereby land can be subdivided for conservation purposes providing vegetation is placed under a conservation covenant. The LPP16 outlines a procedure for rezoning conservation lots to the Bushland Protection Zone (BPZ). CONSULTATION AND ADVICE Should this proposal be initiated by Council, detailed consultation would be required. It is recommended that the subject Amendment is a ‘standard amendment’ as per clause 34 of the Planning and Development (Local Planning Schemes) Regulations 2015, because it is: “an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area;” The Regulations require a period of public consultation for a standard amendment of no less than 42 days. The WAPC were partners in developing LPP16 and BPZ. The proposed amendments will also be discussed in detail with WAPC officers during consultation.


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SCOPE OF THE AMENDMENT The modifications to LPS1 which are sought via this amendment are listed as follows:

• Consideration of low impact tourism development in the Bushland Protection Zone; and • Rezoning lots from General/Priority Agriculture to the Bushland Protection Zone.

DISCUSSION / OFFICER COMMENTS Each Amendment to the Scheme as proposed is explained in further detail below. Consideration of low impact tourism on conversation lots This section of Amendment No. 48 outlines modifications proposed to the text of the Scheme, which alters land use considerations relating to the Bushland Protection Zone. The discussion below recommends incorporating new provisions into the Bushland Protection Zone through introduction of the potential for low impact tourism development. Current provisions of LPS1 for the ‘Priority Agriculture’ and ‘General Agriculture’ zone provide where a ‘Conservation Lot’ has been created, the future land use will be primarily for ‘conservation and bushland protection purposes’ and development will be limited to a single dwelling and other incidental uses to the dwelling (e.g. home occupation, outbuildings). The following land uses can be considered in the Bushland Protection Zone: • Dwelling • Holiday House • Ancillary Accommodation • Intensive Agriculture • Extensive Agriculture The Shire has received a number of development applications and expressions of interest for low impact tourism (i.e. chalets, cabins) on conservation lots, prior to the land being rezoned from rural to the BPZ. Although this form of development is not permitted in the BPZ, it is permitted in the agricultural zones, in which development applications have been submitted and approved. There is limited control in LPS1 on how to treat applications for low impact tourism where a conservation lot subdivision has been approved, and rezoning to the BPZ has yet to occur. Support for such development under existing rural zones (prior to rezoning) has the potential to undermine the environmental objectives set out under the LPP16 and the BPZ. It is recommended that LPS1 be amended to ensure that where tourism development is proposed prior to rezoning that it is consistent with the objectives of the LPP16 and the BPZ. This will provide better guidance for tourism development in these types of situations. Tourism development is permitted on Priority and General Agriculture zoned land as a means of providing accommodation diversity, and as a supplementary form of economic revenue other than agriculture. Tourism development is considered on the basis that existing agricultural areas are maintained i.e. development is in a clustered formation that is developed so as not to impact agricultural production. Land uses on conservation lots are restricted to a single dwelling, and limited agriculture (where arable land is available). To provide some flexibility in land use on conservation lots it is recommended that the Land Use Table of the Scheme be amended to allow a wider range of tourism development (cabin, bed and breakfast, guesthouse, chalet, camping ground) to be considered on a discretionary basis in the BPZ. This amendment would provide greater opportunity for eco-tourism diversity and a form of economic return where consistent with the objective of protecting important environmental values. The proposed inclusion of other tourism uses is consistent with the permitted land uses in the other Conservation Zones (Southern Ocean Foreshore Protection, Leeuwin-Naturaliste Ridge Conservation and Leeuwin-Naturaliste Ridge Landscape Amenity). Where tourism development is proposed, it will need to be located within an identified building envelope clustered with the main dwelling. The LPP16 supports building envelopes in locations that have the least impact to the surrounding environment i.e. located in cleared areas away from high quality vegetation. Support for tourism development will increase the overall development footprint inside a building envelope, and has the potential to impact native vegetation through fire management protection and other measures. To overcome this issue, it is recommended that tourism development be only considered where it does not result in any clearing of native vegetation. It is recommended that the LPP16 be amended to reflect this position.


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In terms of potential land use impacts of tourism development upon existing agricultural areas, these are expected to be negligible, as development will be confined to a single building envelope. The LPP16 seeks to ensure that the location of any development will not introduce land use conflict with existing or potential agricultural land use on surrounding properties. Additionally, it aims to ensure that agricultural potential is maximised through a subdivision configuration that consolidates land able to be used for agricultural purposes. The table below provides a summary of recommended inclusions to the BPZ and LPP16. Amendment to LPS1 Reason Introduce the following land uses into the BPZ of the Land Use Table No.1:

• Cabin • Chalet • Camping ground • Bed and Breakfast • Guesthouse

This amendment would provide greater opportunity for eco-tourism diversity and a form of economic return in addition to protecting important environmental values. The proposed inclusion of additional tourism uses is consistent with the permitted land uses in the other Conservation Zones.

Introduce a new clause 4.16.3 (f) under the Priority and General Agriculture Zones: Where tourism development is proposed on conservation lots prior to rezoning to the Bushland Protection Zone, development shall be in accordance with the objectives set out in the Bushland Protection Zone.

This will provide better guidance for tourism development where rezoning to the BPZ has yet to occur.

Introduce a new clause 4.15.8 under the Bushland Protection Zone: Tourism development within the Bushland Protection Zone shall be low impact in conformity with the objectives of the zone, shall comply with the definition of Low Impact Tourist Development; and

a) the number of chalets/cabins or guest house accommodation permitted on any lot shall not exceed 2 chalets/cabins or 4 guest bedrooms;

b) the number of chalets/cabins or guest house accommodation permitted on lots having areas greater than 20hectares shall not exceed 6 chalets/cabins or 12 guest bedrooms; and

c) shall include an on-site manager.

This sets out the development density for tourism development, similar to that considered on similarly zoned land.

Amendment to LPP16 Reason Tourism development will only be considered where it does not result in any clearing of native vegetation outside of the building envelope.

This provides for better protection of important environmental values.

Rezoning conservation lots to the Bushland Protection Zone Provision 18 of LPP16 requires Local Government to initiate a scheme amendment to rezone all ‘Conservation Lots’ created pursuant to this Policy or pursuant to the West Australian Planning Commission’s policy DC 3.4 (as amended) to ‘Bushland Protection’ zone. These rezoning amendments are intended to occur via an annual omnibus amendment to the Local Planning Scheme. It was not considered appropriate to undertake this amendment in previous years due to the length of time required to subdivide and gain title clearance. As such, this is the first omnibus amendment to the BPZ. Since adoption of DC3.4 and LPP16 there have been 16 conservation lot subdivisions approved and subsequent clearance of titles issued. There were 8 subdivisions approved under DC3.4 and 8 further


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through the LPP16. The conservation subdivisions have proved successful, having resulted in protection of approximately 406 hectares of native vegetation through conservation covenants with either the Department of Parks and Wildlife or the National Trust. It is recommended that the following lots are rezoned to the Bushland Protection Zone: • Lot 101 (89) Rickett Road, Cowaramup • Lot 101 and Lot 102 (11214-16) Bussell Highway, Forest Grove • Lot 101 and Lot 103 Rowcliffe Road, Forest Grove • Lot 401 and Lot 402 (463/429) Ellenbrook Road, Cowaramup • Lot 181 (272) Redgate Road, Witchcliffe • Lot 31 and Lot 32 Oldfield Road, Treeton • Lot 602 (350) Bessell Road, Rosa Glen • Lot 121 (10316) Bussell Highway, Witchcliffe • Lot 102 (80) Rickett Road, Cowaramup • Lot 112 (134) Brockman Highway, Karridale • Lot 111 (271) Redgate Road, Witchcliffe • Lot 102 and Lot 103 Gnarawary Road, Margaret River • Lot 12 (227) Fifty One Road, Cowaramup • Lot 100 Coostien Road, Scott River • Lot 232 Manear Road, Rosa Brook • Lot 11 and Lot 12 (40) Bramley River Road, Margaret River STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The Amendment is being progressed in accordance with the Town Planning Regulations (1967) STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing Growth Sustainably Community Outcome 3.1: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No.1 Service level strategy/plan: Provide planning services PLANNING FRAMEWORK It is essential that any amendments to the Scheme are consistent with the planning framework which applies. LPS1 The Scheme sets out the purpose, objectives and development consideration for subdivision of rural land for conservation purposes. LPP16 The LPP16 provides detailed guidance and criteria used to guide subdivision of rural land for conservation purposes in situations where DC3.4 does not apply. The policy was prepared in conjunction with WAPC officers. The policy sets out the need for rezoning of conservation lots, from rural to the BPZ. A key objective of the policy is to ensure that subdivision results in a net environmental benefit whereby the fragmentation and settlement of an additional lot is offset by greater protection, long term maintenance and management of significant environmental areas. DC3.4 DC3.4 provides opportunity to subdivide rural land through creation of one conservation lot and sustainable agricultural lot (>40ha in area).

CIS Council adopted a Conservation Incentive Strategy in February 2010 with the aim of protecting important environmental on private land. The following incentives were approved by Council and have been operating successfully since adoption of the Strategy:

• Subdivision for Conservation Policy – LPP16


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• Environmental Stewardship Program – provides environmental expertise to rural landowners through preparation of an Environmental Action Plan.

• Environmental Grants Program – awards grant funding (up to $3,000 each year for 3 properties) to undertake on ground environmental activities.

FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental The proposal seeks to ensure that tourism development is designed in a manner that will not impact on environmental values. Social Support for low impact tourism on conservation lots provides an opportunity to develop bonafide eco-tourism development in unique settings. Economic Consideration of tourism development on conservation lots provides a form of economic revenue on conservation lots, which is currently limited to a holiday house and agriculture (where cleared land is available). CONCLUSION The LPP16 informs the need to rezone land to the Bushland Protection Zone where conservation lot subdivison has been approved, through Council’s Policy or DC3.4. The report recommends amending the Scheme to allow low impact tourism development to be considered where it does not any negative impacts on environmetnal values. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council, in pursuance of Part V of the Planning and Development Act 2005 (as amended), initiates Scheme amendment No. 48 to Local Planning Scheme No.1 for the purposes of:

1. Including additional provisions of the Local Planning Scheme with text as follows: Amendments to Local Planning Scheme No.1 a) Introduce the following land uses into the Bushland Protection Zone of the Land Use Table No.1:

• Cabin • Chalet • Camping ground • Bed and Breakfast • Guesthouse

b) Introduce a new clause ‘4.16.3 (f)’ under the Priority and General Agriculture Zones:

Where tourism development is proposed on conservation lots prior to rezoning to the Bushland Protection Zone, development shall be in accordance with the objectives set out in the Bushland Protection Zone.

c) Introduce a new clause ‘4.15.8’ under the Bushland Protection Zone:

Tourism development within the Bushland Protection Zone shall be low impact in conformity with the objectives of the zone, shall comply with the definition of Low Impact Tourist Development; and a) the number of chalets/cabins or guest house accommodation permitted on any lot shall not

exceed 2 chalets/cabins or 4 guest bedrooms; b) the number of chalets/cabins or guest house accommodation permitted on lots having areas

greater than 20hectares shall not exceed 6 chalets/cabins or 12 guest bedrooms; and c) shall include an on-site manager.


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2. Amending the Local Planning Scheme No. 1 Scheme Maps to:

Rezone the following lots from Priority and General Agriculture to the Bushland Protection Zone: • Lot 101 (89) Rickett Road, Cowaramup • Lot 101 and Lot 102 (11214-16) Bussell Highway, Forest Grove • Lot 101 and Lot 103 Rowcliffe Road, Forest Grove • Lot 401 and Lot 402 (463/429) Ellenbrook Road, Cowaramup • Lot 181 (272) Redgate Road, Witchcliffe • Lot 31 and Lot 32 Oldfield Road, Treeton • Lot 602 (350) Bessell Road, Rosa Glen • Lot 121 (10316) Bussell Highway, Witchcliffe • Lot 102 (80) Rickett Road, Cowaramup • Lot 112 (134) Brockman Highway, Karridale • Lot 111 (271) Redgate Road, Witchcliffe • Lot 102 and Lot 103 Gnarawary Road, Margaret River • Lot 12 (227) Fifty One Road, Cowaramup • Lot 100 Coostien Road, Scott River • Lot 232 Manear Road, Rosa Brook • Lot 11 and Lot 12 (40) Bramley River Road, Margaret River

3. Amending Local Planning Policy 16 to allow tourism development on conservation lots where it

does not result in any clearing of native vegetation outside of an identified building envelope.

4. Determines that Amendment 48 is a ‘standard amendment’ in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 as it is “an amendment relating to a zone or reserve that is consistent with the objectives identified in the scheme for that zone or reserve”.

ATTACHMENTS 1. Revised LPP16 RECOMMENDATION / COUNCIL DECISION CR LANE, CR SMART OM2016/116 That Council, in pursuance of Part V of the Planning and Development Act 2005 (as amended), initiates Scheme amendment No. 48 to Local Planning Scheme No.1 for the purposes of:

1. Including additional provisions of the Local Planning Scheme with text as follows: Amendments to Local Planning Scheme No.1 a) Introduce the following land uses into the Bushland Protection Zone of the Land Use

Table No.1: • Cabin • Chalet • Camping ground • Bed and Breakfast • Guesthouse

b) Introduce a new clause ‘4.16.3 (f)’ under the Priority and General Agriculture Zones:

Where tourism development is proposed on conservation lots prior to rezoning to the Bushland Protection Zone, development shall be in accordance with the objectives set out in the Bushland Protection Zone.

c) Introduce a new clause ‘4.15.8’ under the Bushland Protection Zone:

Tourism development within the Bushland Protection Zone shall be low impact in conformity with the objectives of the zone, shall comply with the definition of Low Impact Tourist Development; and a) the number of chalets/cabins or guest house accommodation permitted on any lot


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shall not exceed 2 chalets/cabins or 4 guest bedrooms; b) the number of chalets/cabins or guest house accommodation permitted on lots

having areas greater than 20hectares shall not exceed 6 chalets/cabins or 12 guest bedrooms; and

c) shall include an on-site manager. 2. Amending the Local Planning Scheme No. 1 Scheme Maps to:

Rezone the following lots from Priority and General Agriculture to the Bushland Protection Zone: • Lot 101 (89) Rickett Road, Cowaramup • Lot 101 and Lot 102 (11214-16) Bussell Highway, Forest Grove • Lot 101 and Lot 103 Rowcliffe Road, Forest Grove • Lot 401 and Lot 402 (463/429) Ellenbrook Road, Cowaramup • Lot 181 (272) Redgate Road, Witchcliffe • Lot 31 and Lot 32 Oldfield Road, Treeton • Lot 602 (350) Bessell Road, Rosa Glen • Lot 121 (10316) Bussell Highway, Witchcliffe • Lot 102 (80) Rickett Road, Cowaramup • Lot 112 (134) Brockman Highway, Karridale • Lot 111 (271) Redgate Road, Witchcliffe • Lot 102 and Lot 103 Gnarawary Road, Margaret River • Lot 12 (227) Fifty One Road, Cowaramup • Lot 100 Coostien Road, Scott River • Lot 232 Manear Road, Rosa Brook • Lot 11 and Lot 12 (40) Bramley River Road, Margaret River

3. Amending Local Planning Policy 16 to allow tourism development on conservation lots

where it does not result in any clearing of native vegetation outside of an identified building envelope.

4. Determines that Amendment 48 is a ‘standard amendment’ in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 as it is “an amendment relating to a zone or reserve that is consistent with the objectives identified in the scheme for that zone or reserve”.

CARRIED 7/0


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11.2.7 RURAL WASTE PASS LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE WST/19 REPORT AUTHOR Alison Edmunds, Manager Environmental Health, Waste and Ranger

Services AUTHORISING OFFICER Nick Logan, Acting Director Sustainable Development IN BRIEF • The Rural Waste Disposal Pass (the Pass) is currently provided to rural ratepayers outside

kerbside collection areas on an annual basis. This pass provides an allotment of free passes for the disposal of the equivalent of a wheelie bin of household waste at any of the Shire’s transfer stations or Davis Road facility. The cost of disposal of this waste is subsidised by Shire general waste revenue.

• The Shire is facing significant cost increases to fund future waste disposal operations within the Shire based on state government changes to improve the state’s waste and recycling performance into the future.

• On 25 June 2014 the Council endorsed changes to several items of waste management, particularly the level of service in transfer stations and the rural waste pass, representing the first key step towards a sustainable waste management framework for the Shire. The decision to change the format of the Pass was endorsed as part of these changes to bring more equity to waste costs in the Shire.

• This change in format of the Pass saw a reduction of the rural waste pass allowance over a 3 year period from 26 passes in 2014/15 to 13 passes 2015/16 and 6 passes 2016/17 in line with provision in surrounding Local Governments.

• At a subsequent meeting on 22 July 2015 Council revoked the changes adopted for Year 2 only (a reduction from 26 passes to 13 passes), and resolved to increase the passes from 13 back to 26 for the 2015/16 financial year. With the new financial year imminent, the current resolution of council meeting 25 June 2014 for 2016/17 (Year 3) is to reduce the rural waste pass allowance to 6 free disposals passes

• This report recommends consideration of a revised allocation of 26 free passes, consistent with the 2015/16 financial year, and also recommends further investigation into extension of kerbside collection routes across the Shire.

RECOMMENDATION That Council 1. Revokes point 5, dot point 3 of OM2014/115:

‘That Council endorses and implements the proposed transition of the Domestic Waste Facility Pass (DWFP) which proposes: Year 3: 2016/2017 - 6 free disposals passes of 0.25 m3 included each year with rates notice and ability to purchase a prepaid pass entitling residents to dispose of up to 11.5m3 of domestic waste equivalent to disposal rates being paid by urban residents as part of the domestic kerbside collection charge’.

2. Notes that staff will prepare a detailed evaluation report in the 2016/17 financial year on the options for extension of kerbside collection routes across the Shire.

3. Resolves that the number of rural waste passes issued to eligible residents in the 2016-17 financial year be 26 (6.5m³) and remain as such for the following years pending review of kerbside collection routes.

LOCATION PLAN Shire Wide


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TABLED ITEMS Nil BACKGROUND 28 August 2013 (OM1308/16) A review of the Shire’s waste management services was conducted in late 2012, to improve practice and ensure triple bottom line capabilities of these services. At the Council meeting of 28 August 2013, a report was presented to Council on the key recommendations and actions to be undertaken. This included recommendations for further investigation into the format and framework of transfer stations within the Shire given the significant underutilisation and cost. The review also noted that the Shire issued ‘Domestic Waste Facility Passes’ (the Pass) for free and a fee for the pass should be introduced. The fee would bring equity with those provided with a kerbside collection that pay for disposal of waste in addition to the charge for collection. The report to Council acknowledged this issue, noting that the outcome of the final model for transfer stations will impact on the need for the Pass, and the need to either remove, cost, or continue to subsidise rural waste disposal from general rates. Given the complexity of the issue and the need to ensure the community is actively consulted through the process, the following recommendation was adopted: That Council:

1. Notes the key recommendations and officer comments of the Waste Services Review. 2. Conducts a comprehensive community survey for waste management options and provision

in the Shire and amends the 2013/14 budget to include the provision of $15,000 for the survey.

3. Receives a further report in 2013/14 that investigates in detail the function and framework of the Shire’s Waste Transfer Stations, compiling the results of the community survey and outlining a preferred option for future direction of Transfer Stations in the Shire; and

4. Rejects the recommendations of the Waste Services Review for further investigation into a bed tax, or higher rate charges for tourism GRV category premises.

25 June 2014 (OM2014/115) This Report presented the findings of the Survey, the recommended option for provision of transfer stations within the Shire and the ongoing need for the Pass. Council endorsed at that meeting a revised transfer station model which saw a reduction in operating hours at Kudardup and Cowaramup transfer stations, to staff Rosa Brook transfer Station ½ day per week and to close Alexandra Bridge transfer station as part of initiatives aimed at progressing a sustainable waste management framework for the Shire. The Council also endorsed at this meeting the implementation of a progressive reduction of the number of passes issued as: 5. Endorses and implements the proposed transition of the Domestic Waste Facility Pass

(DWFP) as shown in Table 4 of this report which proposes: • Year 1: 2014/15 - DWFP to remain as is with 26 free disposals

• Year 2: 2015/16 - DWFP reduced to 13 free disposals and the introduction of a prepaid domestic pass entitling residents to dispose of up to 9.5m³ of domestic waste at the same disposal rate as paid by urban residents receiving a kerbside collection. • Year 3: 2016/2017 - 6 free disposals passes of 0.25 m³ included each year with rates notice and ability to purchase a prepaid pass entitling residents to dispose of up to 11.5m³ of domestic waste equivalent to disposal rates being paid by urban residents as part of the domestic kerbside collection charge.

22 July 2015(OM2015/167) In July 2015 the Council passed a revocation motion as follows. That Council 2. Revokes point 5, dot point 2 of OM2014/115:

‘That Council endorses and implements the proposed transition of the Domestic Waste Facility Pass (DWFP) which proposes: Year 2: 2015/2016 – DWFP reduced to 13 free disposals and the


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introduction of a prepaid domestic pass entitling residents to dispose of up to 9.5mᵌ of domestic waste at the same disposal rate as paid by urban residents receiving a kerbside collection..

3. Resolves that the number of rural waste passes issued to eligible residents in the 2015-16 financial year is increased from 13 to 26.

CONTEXT The Shire of Augusta Margaret River operates a landfill facility (Davis Road Waste Management Facility, Witchcliffe), 2 staffed transfer stations at Cowaramup and Kudardup and previously operated 2 unstaffed stations at Rosa Brook and Alexandra Bridge. An unmanned small scale community drop off facility also operates in East Augusta. In 2014 Council endorsed the staffing of Rosa Brook and Alexandra Bridge Transfer Station to 1/2 day per week and expanding recycling capabilities on site. In addition the Shire provides mandatory kerbside waste collection and voluntary kerbside recycling collection services to approximately 85% of the Shire through contracted services, predominantly in the town settlements. Currently rural landowners without kerbside collections comprise approximately 15% of rateable properties. As of 2006 rural properties that were located outside of the kerbside waste collection areas were provided with an annual rural waste disposal pass. This pass provides an annual allotment of free passes to disposal of the equivalent of a wheelie bin of household waste at any of the Shires transfer stations or the Davis Road facility. There are around 1425 passes issued by the Shire each year, at one pass per rateable property and are not dependent on the number of additional dwellings on that property. The pass currently allows 26 free disposals of a wheelie bin (240L) of waste. For each 240L of waste delivered, one of the free allotments (boxes on the pass) is surrendered. When all boxes on the pass are surrendered in the authorised twelve months, customers can purchase a prepaid rural waste pass from the Shire. These passes come in either 3m³ (12 disposals) or 5m³ (20 disposals) capacities and are charged at $36 or $60 respectively. This charge is based on a reduced disposal rate of $3 per wheelie bin, which is approximately the same rate paid for kerbside services waste disposal. The domestic waste pass is for residential domestic waste only and is not available to commercial businesses. Domestic waste is defined for this purpose as being typically waste generated from date to day residential activity and suitable for disposal via a normal kerbside waste collection bin. Household waste considered not to meet criteria is charged in accordance with standard waste disposal charges. Transfer stations across the Shire annually cost in the vicinity of $250,000 per year, or approximately 20% of waste disposal facility operating expenditure, to service and operate. These costs include wages, plant operation, service charges, repairs and maintenance, and materials. Income received from the transfer stations in 2015 was $25,000 or 10% cost recovery, meaning 90% of transfer station cost is subsidised by general waste revenue. The Shire has a high number of transfer stations in comparison to other regional local governments. As a comparison the levels of service provided by other similar regional based local governments is as follows:

City of Busselton 1TS (open Sat and Sun domestic waste, 7 days/wk recycling), 1 landfill open 7 days per week

Shire of Capel 1 TS open 5 days per week

Shire of Manjimup 1 landfill + 3 TS in Walpole, Northcliffe and Pemberton TS open 2 -3days per week @ 4-5hrs

Shire of Carnarvon 1 landfill

Shire of Broome 1 landfill

This Shire also provides a high degree of free waste disposal for residents living outside the domestic collection area. Neighbouring local governments issue limited passes to rural residents not receiving a kerbside collection. For example, residents within the City of Busselton receive 6 general waste (wheelie bin) vouchers and 2 green waste disposals per annum.


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There is inequity in the waste disposal charges paid by ratepayers across the Shire depending on property location:

• A Waste Facilities Maintenance Rate (WFMR) of $200 is levied on all properties within the Shire in accordance with section 66 of the Waste Avoidance and Resource Recovery Act 2007. This levy provides funding to the Shire to cover capital costs for Shire waste services including transfer stations, landfill facility, sullage facility and recycling infrastructure, as well as putting funding aside to cover closure and monitoring requirements of the landfill and new landfill facilities in the future. The Shire provides these services for solid and liquid waste for the Shire community and it is not funded from general rates. As highlighted in previous reports to Council current forecasted expenditure of up to $26million over the next 10 years is required to cover capital upgrades and new facilities to manage waste in the Shire.

• In addition to the WFMR, urban and rural residential properties within the designated

collection areas and the East Augusta community pay additional charges to cover disposal of their waste to landfill:

o Urban and rural/residential properties with kerbside collection pay domestic kerbside

collection charges of $213 (2015/16). The charge covers the cost of bin pick up from the properties at approximately $75 per property and landfill disposal costs associated with that waste of $138. This equates to $11 per m3 disposal charge. All properties on the designated routes incur this charge whether they use the service or not.

o East Augusta residents pay a special ‘East Augusta waste rate’ of $123 per property to

contribute towards pick up and disposal of waste. There are 50 properties currently paying this rate at a total income of $6,150. This income contributes to the costs associated with transport of the domestic waste to landfill, however does not cover any costs associated with landfill disposal.

Rural properties outside of collection routes or the East Augusta collection area pay the mandatory WFMR of $200 only. Rateable properties receive a free allotment by the Shire to assist with domestic waste disposal at 26 passes per year, and pay for any further waste generated and requiring landfill disposal through the purchase of a rural waste pass. For a weekly user this equates to approx. $78 per year (based on paying for 26 disposals at $3 per bin). This can be summarised in the table below which provides information on who gets what service across the Shire and the funds contributed for these services: Urban ratepayers ( approx. 6500 properties)

Rural ratepayers ( approx. 1400 ratepayers)

East Augusta ratepayers ( 51 services)

Waste Facilities Maintenance Rate at $200 per property



Mandatory kerbside collection fees @ $216 per service

Free Waste Disposal Pass provided for disposal of 26 wheelie bins of household waste (equivalent cost $78) – with the ratepayer required to pay the balance of $78 (based on a weekly user to the facility at $3 per bin).

Special rate to cover the cost of maintenance and removal of waste from of East Augusta drop off facility 50 services @ $123 per property

Access to recycling collection @$60 per service

Strategically located transfer stations to dispose of domestic household waste and recycling.

Strategically located transfer stations to dispose of domestic household waste and recycling.

Centrally located and maintained waste disposal and recycling facility to dispose/treat/recycle waste

Centrally located and maintained waste disposal and recycling facility to dispose/treat/recycle waste that

Centrally located and maintained waste disposal and recycling facility to dispose/treat/recycle waste that


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that is generated is generated is generated Sullage facility maintained by the Shire for treatment of septic tank waste generated within the Shire

Sullage facility maintained by the Shire for treatment of septic tank waste generated within the Shire

Sullage facility maintained by the Shire for treatment of septic tank waste generated within the Shire

Contribution towards waste costs

Contribution towards waste costs ( weekly user)

Contribution towards waste costs

$476 $278 $323 CONSULTATION AND ADVICE External Consultation The primary source of consultation has been in the form of the Community Waste Survey conducted in 2013 which canvassed community perceptions and opinions regarding their waste and recycling services to inform decisions on changes to the Shire’s transfer stations. Internal consultation A number of workshops have been undertaken with Council on the Pass over the last 3 years. COMMENT Up until recently the disposal of waste in the Shire was a relatively uncomplicated and inexpensive process involving excavation, dumping, compacting and covering of waste materials. In 2012 new State Government compliance requirements for landfills, including the need to meet environmental best practice guidelines, meant that the Shire is now facing substantial funding pressure to meet licencing requirements, landfill closure works and provision of new facilities. For the Shire to manage these challenges a paradigm shift from landfill disposal to recycling and diversion based on a ‘user pays’ principle is needed. This will result in an equitable arrangement whereby those that generate the most waste bear the most cost of managing this waste. Upfront waste disposal costs incurred by rural residents are considerably less than what is paid by recipients of kerbside collection. In 2016/17 charges for the rural waste pass are forecast to remain largely the same due to a small CPI increase for the financial year. With the new financial year imminent and the current resolution of council meeting 25 June 2014 for the Pass allowance for 2016/17 to be reduced to 6 free disposals per year, a decision on the future format of this pass is required. The decision on how many passes should be provided is a question of the degree of which those without a kerbside collection are cross-subsidised from general revenue. Given this there a number of options available to the Council:

1. 2015/16 Status Quo – 26 free passes: As discussed above, this option will provide 26 free passes and require the landowner to pay for an additional 26 disposals at current rate of $3 per bin. This would mean a rural resident would contribute approx. $78 or 56% proportionate costs (based on a weekly user) towards landfill disposal costs of the waste they produce. The direct contribution towards upfront waste costs by the Shire for rural waste pass holders in terms of free passes acknowledges the additional time and costs it takes for these landowners to self-dispose of waste. This option however continues an inequity in waste disposal costs being paid across the Shire as those with kerbside collection subsidise the waste disposal costs of those without.

2. Reduction in pass numbers – 13 passes: This option will provide 13 free passes and require landowners to pay for an additional 39 disposals at current rate of $3 per bin. This would mean rural residents would contribute $117 towards disposal of their waste produced, or approximately 83% proportionate costs of costs of waste disposal as compared to kerbside collection recipients (based on weekly user). The reduced direct contribution for rural waste pass holders acknowledges the additional time and costs it takes for these landowners to self-dispose of their waste whilst reinforcing a more equitable cost to the disposal of waste. This provision is still double that provided by surrounding Shires. 3. Reduction in pass numbers – 6 passes:


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This option will provide 6 free passes and require landowners to pay for an additional 46 disposals at current rate of $3 per bin. This would mean rural residents would contribute around $138 towards disposal of their waste produced, or 98% costs of waste disposal as compared to kerbside collection recipients (based on weekly user basis). This would ensure equitable costs are contributed towards the associated costs of disposing of domestic waste for both rural and urban landowners

4. Extension of Kerbside Collection Routes: Currently approx. 80% of the Shire’s population receives a domestic kerbside collection. The routes and settlements receiving a collection are largely reliant on the density of population it serves. Properties receiving a collection pay for this weekly service. All other additional waste or bulky waste must be taken to Davis Road where gate fees apply.

The current kerbside collection contracts cover potential service extensions to outer Cowaramup/Margaret River at the same collection rate. Given the viability of collection services depends on the population density it serves, extending services to outer rural areas such as Alexandra Bridge and Rosa Brook will need to explored further with the collection contractor, to ascertain impacts on costs to services and feasibility of doing so.

This option would have the advantage of moving strongly towards a user pays waste collection service, ensure a fair and equitable service was being provided across the shire and reduce the need and cost associated with the Pass. Any extension to the designated collection routes by the Shire would require a mandatory payment of the kerbside collection service fees as occurs in town areas of the Shire for these properties.

However the Community Waste Survey conducted in 2013 probed community opinion on extension of kerbside domestic collection routes for rural residents. Of those respondents who did not have a kerbside waste service, most did not want one (about 70%) which is likely to reflect a potential unwillingness to accept increased charges for the service and difficulties associated with long distances to the road verge for many of the residents in the catchment who are on large properties with poor access.

Whilst the decision on this option would require significant investigation and community consultation to balance feasibility and benefits with community feedback, the need to reduce waste services costs is critical to reducing further pressure for cost increases to manage waste within the region.

Regardless of the option chosen in terms of free pass allocation it is highlighted that the Shire provides a high level of support for rural residents through the provision and maintenance of a local network of transfer stations at a current annual cost of $250,000, enabling rural residents to access a facility, generally less than a 15 minute drive. Residents on kerbside collections do not have a common need to use these facilities. Furthermore provision of a prepaid pass for disposals over and above the free allocation ensures flexibility for the landowner in ensuring they only pay for the waste they generate. This supports absentee landowners, holiday houses, or semi-permanent residents whom may not to use the facility regularly along with permanent residents whom implement measures to reduce waste for disposal. This flexibility is not available to properties on kerbside routes which incur mandatory fees for service whether the service is used to its full capacity or not. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 This report links to 3 strategic goals of the Community Strategic Plan 2033:

• Valuing the natural environment; • Managing growth sustainably; • Effective leadership and governance.


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PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Income sources for waste management costs across the Shire are funded through the WFMR, kerbside collection fees and site fees and charges. With operational waste costs at approx. $1.8 million per year and income from kerbside recycling charge and refuse site charges at approx. $1.4 million, the Shire is not covering the costs of operations. The new State Government compliance requirements for landfills including the need to meet environmental best practice standards means increased cost requirements for the Shire to fund future waste disposal operations outside of previous budget and financial parameters. This increase in costs to the Shire supports the need to review waste charges to ensure costs are equitably shared across all users. SUSTAINABILITY IMPLICATIONS Environmental Nil Social The provision of an effective and long term solution to waste management is a critical service provided to the community and one of the core functions of local government. Economic There are five stages in the life of a landfill: 1. Site purchase; 2. Site establishment; 3. Operational stage; 4. Closure; and 5. Post Closure site monitoring (30 years). Only during stage 3 can the Shire collect revenue from the waste received. This income must cover the costs of all other stages. Historically given the relative simple process, no capping requirement and the intention that the site would be suitable for many years to come, fees and charges only considered operational costs. The impact of changes in costs for the Shire validates the need to ensure accurate and robust full cost pricing of waste services provided by the Shire. A responsible and sustainable approach to long term financial planning and forecasting needs to ensure waste rates, gate fees for domestic waste and commercial waste, and municipal collection services are priced so that the revenue generated meets the full cost of providing the service across all phases of the waste lifecycle. As such a whole of life costing project is scheduled to be undertaken in the new financial year with a report to Council thereafter. This will provide the Shire with an informed evaluation of where gate fees should be to ensure the ongoing self-funding of Shire waste services. It is predicted based on modelling outcomes of other similar local government facilities that gate fees will need to be increased. These potential changes will provide the economic drivers for community users to increase waste separation and recycling, and also encourage waste minimisation as a way of reducing financial impacts on waste producers. This will also reinforce the need for a ‘user pays’ principle consistent with the waste industry framework in other parts of Australia and around the world – where costs associated with the management of waste should, if practicable, be borne by the persons who generated the waste. CONCLUSION The review of options for the rural waste pass raises a number of issues in terms of both service levels to the community and the cost and equity of providing such services. Whilst it is clear that rural


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landowners incur additional inconvenience and transportation costs for waste disposal to those who receive kerbside collection, it is similarly clear that the provision and costs of Shire services to dispose of this waste is subsidised by general waste revenue and urban waste collection fees. The Shire provides a $250,000 contribution to maintaining a local network of transfer stations so rural residents generally less than 10 kilometres from a facility. Residents on kerbside collections do not generally have a need to use these facilities. This is a high level of service compared to other regional local governments. The key considerations in resolving this issue relate to determining an appropriate level and cost of waste services to the rural community and ensuring that Council’s strategic objective of moving towards a more efficient and ‘user pays’ waste model are met. The options presented in this report respond to these objectives. The most equitable and preferred option is likely an extension of kerbside collection routes across the Shire. This would ensure that most, if not all, rateable properties have the same access to services at equitable costs. This does however, require further investigation and a transition solution is required until such a time as an outcome is decided. As such, on balance, option 2 - 26 free passes is considered a reasonable option in transitioning towards a more effective and efficient user pays waste services model for the Shire. This option would still see a contribution by rural landowners using the facility on a weekly basis towards to cost of disposing of waste produced however, relies on a continuing subsidy. Transitioning rural households into paying for the waste that is generated has previously proven to be a challenge for the Shire and change to the practices of the past for the rural community. With access to unmanned stations waste disposal costs were minimal to non-existent and changing this practice has caused some discontent. The Shire offers a high level of service to rural ratepayers when it is benchmarked with other relative sized Shires in relation to disposal costs, access to (4) conveniently located transfer stations and the number of ‘free passes’ provided to rural ratepayers. There is a substantial challenge in changing the perception that waste disposal is free and reflecting increasing costs for the Shire in fees and charges. Shire communications will be aimed at concentrating effort on better education into the new financial year. The operational costs, format of services and number of satellite services (i.e. transfer stations) provided by the Shire will significantly impact on costs. The outcome of further investigations into kerbside waste collection extensions is intrinsically related to the debate on the need for continuing investment in transfer stations and the need and format of the Pass. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council 1. Revokes point 5, dot point 3 of OM2014/115:


2. Notes that staff will prepare a detailed evaluation report in the 2016/17 financial year on the options for extension of kerbside collection routes across the Shire.

3. Resolves that the number of rural waste passes issued to eligible residents in the 2016-17 financial year be 26 (6.5m³) and remain as such for the following years pending review of kerbside collection routes.

ADVICE TO APPLICANT / PROPONENT Nil


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ATTACHMENTS Nil The CEO informed the meeting that the officers’ recommendation has been separated into two parts to enable the revocation to be dealt with separately as per Regulation 10 (1) (a) of the Local Government (Administration) Regulations.

Local Government Regulations ‘Item 10 – Revoking or changing decisions (Act s. 5.25(1)(e)):

(1a) Notice of a motion to revoke or change a decision referred to in subregulation (1) is to be signed by members of the council or committee numbering at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover.

Crs Hastie, Smart and Earl signed and dated the revocation motion document and presented it to the CEO. The recommendation was then moved and put to the vote as follows: RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART, CR EARL OM2016/117 That Council revokes point 5, dot point 3 of OM2014/115 dated 25/06/2014:


CARRIED BY ABSOLUTE MAJORITY 7/0 RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART OM2016/118 That Council: 1. Notes that staff will prepare a detailed evaluation report in the 2016/17 financial year on the

options for extension of kerbside collection routes across the Shire. 2. Resolves that the number of free rural waste passes issued to eligible residents be 26

(6.5m³) in the 2016-17 financial year and beyond pending the completion of the evaluation report on the options for extension of kerbside collection routes?

CARRIED 7/0


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11.2.8 MOBILE FOOD BUSINESS POLICY LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ECD/22 REPORT AUTHOR Emma Rogers, Governance and Permit Officer AUTHORISING OFFICER Nick Logan, Acting Director Sustainable Development IN BRIEF • Interest in mobile food businesses in the Shire has grown in recent times. • The growth in requests for this type of business highlights the need for consistent decision-making

criteria for the locations and operations of mobile food businesses. • A draft policy on Mobile Food Businesses was adopted by Council on 13 April 2016. • The draft policy was advertised for 21 days, 2 submissions were received. • A final policy is presented to Council for adoption. RECOMMENDATION That Council adopts the Local Planning Policy No. 13 – Mobile Food Businesses. LOCATION Various locations within the Shire of Augusta Margaret River – see attachments to policy. TABLED ITEMS Nil BACKGROUND Prior to 2009, the granting of permits for mobile food businesses was under review and consequently very few trading permits for this use were granted for a number of years. On 9 July 2009 Council resolved to review the Shire of Augusta Margaret River Trading Local Law 1989 and Reserves, Parks and Foreshores Local Law 1997, pursuant to which permits for the selling of goods or services in public places or on Local Government Property are required, and to accept applications for permits for mobile food businesses throughout the Shire. In 2010 the Shire advertised for expressions of interest and granted 1 mobile food business permit to operate from the Surfers Point and Rivermouth carparks (Reserve 41545) for a 1 year trial period. Further permits for single operators at Rivermouth and Surfers Point carparks were granted via expression of interest process from 2012 to 2016. Since 2009, the Shire has also been accepting applications for mobile food businesses to operate in other parts of the Shire and determining these on a case by case basis. Interest in mobile food businesses in the Shire has grown rapidly in recent times. The Shire is now receiving approximately 4-5 new enquiries per month from mobile food business owners or proposed owners interested in operating in the Shire. Similar interest has been evident in City of Busselton and other local governments throughout Perth. The current list of mobile food business permits granted to operate within the Shire (not including those operating at Shire approved events) is listed below.


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Table 1: Current list of mobile food business permits Permit Holder Location Approved operating times Margaret River Burger Co Surfers Point carpark Saturdays and Sundays, 8am to

7pm Freddy’s Combi Coffee Rivermouth carpark Monday to Sunday, 6am to

11.30am Spice Odysee Rotary Park carpark Wednesdays and Fridays,

4.30pm to 8pm Mr Wicked’s Ice Cream Margaret River and Augusta

residential streets, Flinders Bay foreshore, Turner and Flinders Bay Caravan Parks

Monday to Sunday, 10am to 6pm.

The Augusta Bakery also operates an itinerant mobile food business over the Easter and Christmas holidays within the Shire owned caravan parks without a permit. In response to the growth in requests for mobile food businesses operating within the Shire, a draft policy has been developed, to provide guidance and decision-making criteria for the location and operation of this type of business across the Shire. Mobile food businesses can offer an informal, convenient and affordable food and beverage service to users of a reserve or public place. They can create vibrancy and community spirit which benefits the users of a particular location. There are a number of issues raised with the operation of mobile food businesses. Some of these include proximity to other fixed premise food businesses and economic competition without funding the community resources (through rates etc.) that support those uses. Fixed premise food businesses pay rents and outgoings, including by de facto, rates for services such as keeping the surrounding environment tidy, in comparison to mobile food businesses. Other issues include increased rubbish and use of car parking spaces for commercial purposes in prime locations with car parks already at full capacity during peak times, and the compatibility of commercial use in a particular setting. The main issues in determining the location and operation of mobile food businesses within the Shire include:

• Locations of mobile food businesses/ itinerant mobile food businesses and their proximity to other fixed premise food businesses.

• Numbers of mobile food business/ itinerant mobile food business permits granted at each location.

• Operating days and times of mobile food businesses. • Operating days and times of itinerant mobile food businesses in residential streets and

caravan parks. • Types of goods sold by of itinerant mobile food businesses in residential streets. • Repetitive noise along same residential street or same route within a caravan park. • Car parking spaces. • Additional rubbish. • Application process. • Fees.

* Itinerant mobile food business is a mobile food business that routinely changes location making intermittent stops of up to 15 minutes at any one time (or until customer activity ceases). These issues were presented to Council in a report on 13 April 2016 with a range of options and the preferred options were incorporated into the draft mobile food business policy. Council, on 13 April 2016, adopted the Draft Mobile Food Business Policy for the purposes of advertising. CONSULTATION AND ADVICE External Consultation The Local Planning Policy 13 was advertised for a 21 day period. The following two submissions were received on the Shire’s ‘Your Say’ website.


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Support of

policy Comments

1 Yes I believe the addition of mobile food venders to the proposed locations will increase visitor experience and give locals more options when thinking of eating out. Benefits to the community will also come in the way of more job opportunities and increased trade between local businesses.

2 Yes None Internal Consultation Coordinator Environmental Health Manager of Turner and Flinders Bay Caravan Parks DISCUSSION / OFFICER COMMENTS Some minor changes have been made to the draft policy following the Council meeting on 13 April 2016 where the draft policy was adopted for the purposes of advertising. In the locations where mobile food vehicles will be parking in a car park, the inclusion of a second car park space will be allowed to provide space for customers to stand whilst waiting for food or beverages ordered. The types of foods to be sold by itinerant mobile food businesses trading in residential streets on weekends, public and school holidays has been amended to include ice-creams, snacks (refreshments or nibbles eaten between meals) and beverages. A further section has been added to the policy on itinerant mobile food businesses operating in the light industrial areas (LIAs) within the Shire, identifying Cowaramup and Augusta LIAs as potential sites to be serviced by an itinerant mobile food business. The Margaret River Light Industrial Area has not been included as it is already being serviced by a fixed premise food business. The tracked changes in the attached policy show the amendments made. The two public submissions were in support of the policy, and the comment received was positive in regards to the benefits associated with mobile food businesses operating in the proposed locations within the Shire. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS A trading permit is required under the Shire of Augusta Margaret River Activities in Thoroughfares and Public Places and Trading Local Law 2010 and Shire of Augusta Margaret River Local Government Property Local Law 2013 for selling goods or services in public places or on Local Government Property. General standard permit conditions are set in accordance with the Local Laws. The local laws are made under the provisions of Part 5 of the Local Government Act 1995. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 4: Vibrant and diverse economy Community Outcome 4.4: Sustainable economic development Strategic Response: Foster sustainable economic growth which provides local employment PLANNING FRAMEWORK These commercial uses would generally require planning approval under LPS1. As an itinerant use that otherwise requires a local law permit there is no purpose in duplication of approval requirements. The recommended policy subsequently proposes to use Council’s discretion to exempt these uses from the need to obtain approval. This is on the basis of the inherently ‘temporary’ nature of these activities.


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FINANCIAL IMPLICATIONS The proposed fees to be included in the Shire’s Schedule of Fees and Charges for 2016-2017 have been amended to include a general fee for mobile food businesses. Description Fee Mobile food business – annual $1500 Minimum mobile food business fee $50

The mobile food business fee (including itinerant mobile food businesses) will be charged at $1500, per year, based on the vendor operating for the maximum 6 hours per day, 7 days a week. Where an operator is trading less than the maximum hours and days, the fee shall be calculated proportionally. A minimum fee of $50 per permit shall apply. The above fees are comparable with those of City of Busselton. SUSTAINABILITY IMPLICATIONS Environmental Ensuring operational conditions are in place which manages waste produced from the presence of mobile food businesses. Social The presence of mobile food businesses in approved locations aims to enhance community experience in key public places and recreational reserves across the Shire. Economic The policy aims to support the growth of local mobile food businesses. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council adopts the Local Planning Policy No. 13 – Mobile Food Businesses. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Mobile Food Business Policy RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR TOWNSHEND OM2016/119 That Council adopts the Local Planning Policy No. 13 – Mobile Food Businesses.

CARRIED 7/0


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11.3. Infrastructure Services


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11.3.1 TOWNSITE PATHWAYS PLAN - FOR ADOPTION FOLLOWING COMMUNITY CONSULTATION LOCATION/ADDRESS Within townsites only APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ENG/86 REPORT AUTHOR David Nicholson, Manager Asset Services AUTHORISING OFFICER Johan Louw, Director Infrastructure Services IN BRIEF • The Shire’s current plan for the development of new pathways was adopted in 2004 and covers

the town sites of Margaret River and Augusta only. • The plan was out of date and has been reviewed. • A new draft Townsite Pathways Plan was developed that includes the town sites of Margaret

River, Augusta, Cowaramup, Gracetown, Prevelly, Gnarabup, Rosa Brook and Witchcliffe. • The draft plan was advertised for community comment and 43 submissions were received. • Based on submissions made during the community consultation process, a prioritised program of

new path construction is recommended for inclusion in the Shire’s Long Term Financial Plan. RECOMMENDATION That Council 1. Adopts the Townsite Pathways Plan 2016; 2. Notes the pathway priorities identified through the community engagement process and that these

will be used to inform annual budgeting for new path construction from within existing funding allocations.

3. Considers the allocation of additional funding for new path construction in the next review of the Long Term Financial Plan.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Provision of pathways within urban areas facilitates walking, which is an environmentally friendly mode of transport that improves health and fitness. In new subdivisions, Shire officers ensure through the planning process that developers provide pathways to meet future community needs, including connections from new subdivisions to existing urban areas. However, there are deficiencies in the pathway network in existing urban areas, particularly areas that were developed in the post war period when the focus was on providing for the needs of motor vehicle travel often at the expense of other modes of travel. In 2004 the Shire adopted a Path Plan for the town sites of Margaret River and Augusta. This plan has been used to guide the construction of new pathways in the two towns with funding allocated via the annual budget. In some cases, the construction of recommended paths has been part funded by developer contributions or the state government’s Regional Bicycle Network grants program (formerly Country Pathways grant scheme). Approximately half the length of the recommended paths has been constructed. As the 2004 Path Plan was 11 years old, a review was initiated in the 2015 (Action 3.4.2.8 of the Corporate Plan 2015 – 2019). The objective was to prepare a ten year program that can be linked to


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funding allocations in the Shire’s Long Term Financial Plan. The 2004 Path Plan has been reviewed, updated and expanded to include the Cowaramup, Gracetown, Prevelly, Gnarabup, Rosa Brook and Witchcliffe townsites, in addition to Margaret River and Augusta. Candidate projects have been identified from the 2004 Path Plan, the Supertown Integrated Transport Strategy (for Margaret River), previous community requests and officer’s assessment of existing and future needs. The selection process considered missing links in existing pathway networks, connections to high activity generating sites and routes serving vulnerable users (i.e. children and the elderly). The following principles have guided project selection:

• Arterial/distributor roads (such as Bussell Hwy and Wallcliffe Road) require pathways on both sides of the road;

• Local distributor roads and access streets generally require a pathway on one side of the road; and

• Lightly trafficked access streets and cul-de-sac do not require a pathway. This process has identified 48 projects with an estimated construction cost of over $4 million, which is more than can be funded in the next ten years. A list of the proposed pathways is shown in Attachment 2 and for each pathway includes the side of the road on which is proposed to be constructed, length, width, construction material, preliminary estimate of cost and comments regarding justification and/or sources of funding. Maps of the pathways proposed in each townsite are shown in Attachment 3. No new pathways have been identified for construction in the next ten years in Rosa Brook and Witchcliffe townsites. All new paths will be constructed as shared paths (2.0m minimum width) to accommodate both walking and cycling and will be constructed in either concrete or asphalt. Wherever possible, gradients, crossfalls, driveway crossings, kerb ramps and other aspects of pathway design will accord with Australian Standards and/or Austroads Standards. The new Pathways Plan does not include:

• Pathways within future subdivisions, as officers will seek to have these paths constructed at the developer’s expense as a condition of the subdivision approval;

• Recreational trails within townsites; and • Replacement of existing pathways, which is separately budgeted for via the path renewal

component of the annual construction budget. Path renewal priorities are based on the condition of existing paths, level of use and strategic importance.

CONSULTATION AND ADVICE External Consultation At the Council meeting on 25 November 2015 it was resolved: “That Council advertises the draft Townsite Pathways Plan as per Attachment 2 and 3 for a period of three weeks.” In accordance with Council’s resolution, the draft townsite pathways plan was released for a three week public comment period from 22 April to 13 May 2016 using the Shire’s YourSay on-line consultation system. Provision was also made for hard copies of all documentation so that people without access to a computer could provide their comments. At the close of the consultation period, 39 on-line and 4 hard copy submissions had been received. More detailed information about the community engagement process and its outcomes are included in Attachment 1. Internal Consultation Asset Services, Works, Planning Services DISCUSSION / OFFICER COMMENTS The combined results for pathway rankings for each townsite were “normalised” so that that an overall priority ranking could be prepared for all townsites. This involved taking into account the number of submissions made for each townsite. The results were then compiled into a spreadsheet which ranks the projects from 1 to 46 based solely on the community proprieties expressed via the survey – refer to Attachment 2. Additional pathways suggested in submissions have not been ranked as the feasibility and cost of these projects requires further investigation before inclusion in the Townsite


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Pathways Plan. Pathways may not be able to be constructed exactly in the proposed order of priority due to issues such as obtaining approvals, project specific consultation outcomes, funding availability, staging of works and possible synergies with other capital projects. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Not applicable STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing growth sustainably Community Outcome 4: Connected and safe transport network Strategic Response 4.2: Provide a network of connected cycleways and pedestrian pathways Service level strategy/plan 3.4.2.8: Review Path Plan 2004 in line with Townsite Strategy and Transport Strategy 2012 PLANNING FRAMEWORK The current method of taking developer contributions for paths is specified in Council Policy PE.45 ‘Path Contributions Policy’. The path contribution requirements under this policy relate to all townsites within the Shire. The methodology for contribution is based on the replacement cost of the Margaret River footpath network and the policy is somewhat ambiguous in when contributions are to be taken. In September 2015 Amendment 35 to LPS1 created a Shire wide developer contributions scheme. Community infrastructure projects to be funded through this scheme include new pathways in Augusta and Margaret River townsites. These pathways are identified in the draft 2015 Pathways Plan. FINANCIAL IMPLICATIONS A single annual allocation is already included in the Shire’s Long Term Financial Plan for pathway construction (combination of renewal and new paths). The recommended priorities for pathway construction will inform the selection of new paths for construction, from the available funding. No additional funding is recommended at this time. However, in view of the almost $4 million of recommended new pathways, additional funding should be sought when the Long Term Financial Plan is next reviewed. SUSTAINABILITY IMPLICATIONS Environmental Pathways facilitate walking, which is an environmentally friendly mode of transport. Where possible, pathways are aligned to preserve native vegetation. Social Pathways provide a safe means for short distance local travel by people without other transport options. Walking facilitates social interaction, improves fitness, health and well-being. Economic Pathways facilitate walking, which is a low cost means of transport. Regular walking can reduce the likelihood of a number of diseases (including obesity, diabetes and heart disease) therefore reducing the costs associated with treatment of these conditions. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council 1. Adopts the Townsite Pathways Plan 2016; 2. Notes the pathway priorities identified through the community engagement process and that these

will be used to inform annual budgeting for new path construction from within existing funding allocations.


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ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Community Engagement Summary 2. 2016 Townsite Pathways Plan (spreadsheet) 3. Townsite Maps RECOMMENDATION / COUNCIL DECISION CR TOWNSHEND, CR SMART OM2016/120 That Council 1. Adopts the Townsite Pathways Plan 2016; 2. Notes the pathway priorities identified through the community engagement process and

that these will be used to inform annual budgeting for new path construction from within existing funding allocations.


CARRIED 7/0


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11.4.

Corporate And Community Services


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11.4.1 LIST OF PAYMENTS FOR MAY 2016 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/42 REPORT AUTHOR Jaye Lanzini, Finance Officer Accounts Payable AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services Director Corporate and Community Services discloses interest in the credit card expenses which is certified by the Chief Executive Officer. IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared. RECOMMENDATION That Council notes the May 2016 List of Payments for $2,833,076.25 as certified correct by the Director Corporate and Community Services. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2014-15 and 2015-16 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

In order to improve operational efficiency and reduce costs the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH

MODE OF PAYMENT CHEQUE / EFT NUMBERS SUB-TOTAL AMOUNT

Cheques (includes reimbursement of credit cards) 42034-42047 $26,446.62 $26,446.62

EFT 53560-54092 $1,914,814.96 Direct Debits $891,814.67 $2,806,629.63

TOTAL $2,833,076.25

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS MONTH CHEQUES EFT TOTAL PMTS CUMULATIVE CHEQUES EFT TOTAL PMTS CUMULATIVE

2014-15 2014-15 2014-15 PAYMENTS 2015-16 2015-16 2015-16 PAYMENTS

JULY $27,627.52 $3,382,878.99 $3,410,506.51 $3,410,506.51 18,574.29 3,108,059.98 3,126,634.27 3,126,634.27 AUGUST $24,371.61 $1,881,379.90 $1,905,751.51 $5,316,258.02 18,321.82 1,980,022.38 1,998,344.20 5,124,978.47

SEPTEMBER $29,105.88 $10,523,000.04 $10,552,105.92 $15,868,363.94 16,151.74 9,861,625.31 9,877,777.05 15,002,755.52 OCTOBER $16,883.83 $3,009,076.16 $3,025,959.99 $18,894,323.93 19,349.63 5,058,215.63 5,077,565.26 20,080,320.78

NOVEMBER $37,159.65 $2,423,568.91 $2,460,728.56 $21,355,052.49 22,306.58 2,617,585.05 2,639,891.63 22,720,212.41 DECEMBER $28,403.96 $3,158,418.92 $3,186,822.88 $24,541,875.37 38,300.43 3,340,304.12 3,378,604.55 26,098,816.96 JANUARY $27,233.40 $2,058,456.34 $2,085,689.74 $26,627,565.11 24,247.57 4,404,603.21 4,425,850.78 30,524,667.74

FEBRUARY $22,820.69 $2,080,353.62 $2,103,174.31 $28,730,739.42 17,988.50 2,292,007.08 2,309,995.58 32,834,663.32 MARCH $19,847.73 $5,571,238.52 $5,591,086.25 $34,321,825.67 31,991.91 6,362,556.19 6,394,548.10 39,229,211.42 APRIL $27,247.06 $2,340,113.91 $2,367,360.97 $36,689,186.64 15,738.88 2,481,350.30 2,497,089.18 41,726,300.60 MAY $43.137.58 $2,631,154.74 $2,674,292.32 $39,363,478.96 26,446.62 2,806,629.63 2,833,076.25 44,559,376.85 JUNE $59,529.13 $3,001,795.20 $3,061,324.33 $42,424,803.29

$363,368.04 $42,061,435.25 $42,424,803.29 249,417.97 44,312,958.88 44,559,376.85


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Continue to monitor and analyse monthly, year to date and annual financial performance. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the May 2016 List of Payments for $2,833,076.25 as certified correct by the Director Corporate and Community Services. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for May 2016 RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR LANE OM2016/121 That Council notes the May 2016 List of Payments for $2,833,076.25 as certified correct by the Director Corporate and Community Services.

CARRIED 7/0


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11.4.2 FINANCIAL ACTIVITY STATEMENT REPORT - MAY 2016 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/14 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF • The monthly financial activity statement report is a standard financial reporting item prepared in

accordance with the provisions of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

• Council is to consider the financial results for the period ending 31 May 2016. RECOMMENDATION That Council receives the Monthly Financial Report – May 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In accordance with Financial Management Regulation 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation (1) (d), for that month with the following details:

(a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates.

Also under Financial Management Regulation 34(5) Council are to adopt each year a material variance threshold. At the Ordinary Meeting of Council on 22 July 2015 (OM2015/162) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Business unit managers were provided the draft monthly financial reports for their business units and have provided their comments on variances greater than 10% and $10,000.


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DISCUSSION / OFFICER COMMENTS The commentary contained in the body of this report is in line with Financial Management Regulation (2) (b) that requires commentary on material variances to the Statement of Financial Activity at the nature/type, program or business unit level. The Statement of Financial Activity shows a year to date actual closing position at 31 May of $6.770 million which was higher than the expected year to date budgeted position of $3.943 million. The closing budget position reduced by $1.662 million compared to the result at the end of April. The main reasons for the variation to Budget are:

• Operating expenditure on a year to date basis is $2.154 million or 6.9% below budget (last month was $2.190 million or 7.6%). Contributing factors are employee expenses being $0.407 million or 3.2% under budget due primarily to staff leave taken and staff vacancies (last month $0.368 million and 3.1%) and materials being $1.910 million or 23.3% under budget (last month $1.958 million and 25.6%). For the month operating expenditure of $2.539 million was $0.036 million over the budget of $2.503 million.

• 26 business units are recording under budget labour expenditure and 11 are showing over budget labour which was the same as last month.

• 37 business units are recording under budget materials expenditure and 4 are showing over budget materials expenditure which was the same as last month.

• Operating revenue is $0.492 million or 1.7% above budget (last month $0.271 million or 0.9%) with the main over budget categories being fees and charges, other income and interest earned.

• Year to date capital expenditure of $7.036 million (last month $6.382 million) was lower than the $10.671 million anticipated in the budget. Capital expenditure is $3.635 million or 34% under budget (last month was $3.289 million or 34%). Major contributing factors include: - road, path, bridge, drainage and jetty construction works are $1.175 million under budget

with $0.231 million to be carried over to 2016-17 and some other projects being completed under budget;

- waste management works being $0.422 million under budget as some works requiring external approval have been delayed and will be carried over to next year;

- a number of building projects for caravan parks totalling $0.581 million have been delayed and will be carried over to 2016-17;

- the replacement cost of $0.320 million for a fire appliance for the Cowaramup BFB will be carried over to 2016-17;

- plant purchases are $0.509 million under budget, however only one item budgeted to cost $0.180 million will be carried over;

- the $0.160 million dehumidifier project for the Aquatic Centre has been deferred to 2016-17; and

- parks and gardens projects are $0.191 million under budget. • Grants for capital works are $0.526 million under budget (last month $0.211 million) primarily

as a result of the $30,000 grant for the Augusta Hydrotherapy pool and the $320,000 grant to replace a Cowaramup BFB fire appliance not being approved. The Ellis Street Jetty project grant acquittal has been prepared and grants for paths, trails and jetties are still to be received.

Capital expenditure of $0.655 million was incurred during the month compared to the budget for the month of $1.001 million. Expenditure was incurred on the following items:

• $11,580 for various waste services works; • $122,092 on Community Buildings’ projects including $108,158 on the Augusta Recreation

Centre squash court to gym conversion; • $10,332 on the loading dock and electrical works projects for the Cultural Centre; • $87,405 on Parks and Gardens’ projects including $18,073 for POS improvement, $21,655 for

the West Cowaramup POS upgrade, $21,677 for Pioneer Park drainage improvements and $12,000 for playground equipment at Butterly Park which is the subject of an insurance claim;

• $6,220 on various Assets Services projects; • $275,434 on road related projects of which $52,306 was spent on various infrastructure

upgrade projects including drainage projects, the extension of the Wadandi track and the Old Settlement to Barrett Street Weir trail. $223,128 was spent on infrastructure renewal projects


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including $116,364 on the Stevens Road bridge, $51,099 on drainage works and $36,280 on pedestrian structure preservation works;

• $139,123 on the plant program to purchase 2 replacement trailers and a new bus; and • $2,248 on various caravan park works.

Financial performance against budget is shown in the following charts.


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Following is the Statement of Financial Activity for the year ending 31 May 2016.


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 31 May 2016

BUSINESS UNITS 2015-16 2015-16 2015-16 2015-16 2015-16 YTDApproved Amended Month of YTD YTD Variance

Budget Budget May Budget Actual >10% & Comments$ $ $ $ $ >$10,000

OPERATING REVENUESRates 18,593,760 18,963,760 27,037 18,961,760 19,023,822 0General Financing 1,238,111 1,273,556 333,297 1,231,466 1,417,470 186,004 Perm: S&P class action distribution, interest earnedMembers of Council 0 0 0 0 80 0Chief Executive Officer 10,000 0 (7) 0 3,591 0Director Corporate & Community 8,500 8,500 400 8,000 7,320 0Director Sustainable Development 0 12,832 0 12,832 12,832 0Director Infrastructure 0 0 0 0 1 0Finance 3,000 3,000 37,786 3,000 42,759 39,759 Perm: Salary packaging FBT contributionsRecords 0 0 30 0 901 0Corporate Services 5,000 5,000 394 4,500 5,629 0Customer Relations 199,000 219,000 16,463 204,000 199,368 0Information Comm. Technology 0 0 0 0 2,100 0Human Resources 10,000 55,000 0 55,000 108,282 53,282 Perm: LGIS Scheme member dividendCommunity Planning & Development 28,536 28,536 2,820 28,536 15,864 (12,672) Timing: Grant acquittal reportsEmergency and Fire Services 243,663 464,041 0 450,909 453,473 0Rangers 191,250 201,250 15,850 187,550 164,674 (22,876) Timing/Perm: Infringements and RecoveriesLibraries 32,400 32,400 2,993 29,700 33,944 0Health 100,552 100,552 2,493 95,026 104,912 0Child Care 272,900 277,900 22,213 261,600 277,975 0Waste Services 4,118,693 4,277,693 64,608 4,222,509 4,310,355 0Town Planning 373,000 410,000 23,442 379,750 381,444 0Community Buildings 0 0 0 0 7,419 0MR Recreation Centre 902,000 922,000 85,273 853,000 835,695 0Cultural Centre 8,400 8,400 749 7,700 4,360 0Augusta Recreation Centre 40,000 40,000 2,255 37,000 19,646 (17,354) Timing/Perm: Fees & charges (gym redevelopment)Gloucester Park 66,000 66,000 8,734 65,000 66,018 0Parks and Gardens 4,700 4,700 0 4,700 37,845 33,145 Perm: Contribution to Brookfield POSAsset Services 157,800 196,600 45,696 195,000 189,678 0Landcare 0 0 0 0 4,631 0Maintenance 0 0 0 0 12,499 12,499 Perm: Private Works & Sundry incomePlant Program 16,645 16,645 9,895 16,645 22,408 0Caravan Parks 1,941,500 1,941,500 63,328 1,904,700 1,986,258 0Building Control 213,360 273,360 12,636 245,580 218,663 (26,917) Timing/Perm: Income delayed due to legal appealWorks Overheads 0 32,400 0 32,400 34,471 0Plant Operation Costs 0 0 1,609 0 2,235 0Other Property and Services 40,000 40,000 0 30,000 11,041 (18,959) Timing: Workers Compensation claimsTOTAL REVENUES 28,818,770 29,874,625 779,994 29,527,863 30,019,664 491,801

OPERATING EXPENSESRevenue (310,483) (305,483) (37,881) (286,710) (332,793) (46,083) Perm: Interim schedules and debt recovery costsGeneral Financing (643,968) (643,968) (15,001) (506,702) (497,478) 0Members of Council (338,101) (338,101) (20,180) (315,653) (286,836) 28,817 Timing: Projects including Haining exchangeChief Executive Officer (1,056,597) (1,014,477) (87,873) (968,019) (856,644) 111,375 Timing: Projects and CAPEROCDirector Corporate & Community (561,939) (549,739) (35,378) (518,682) (504,537) 0Director Sustainable Development (630,848) (645,848) (58,064) (597,659) (557,139) 0Director Infrastructure (300,269) (294,269) (19,973) (272,018) (261,134) 0Finance (911,928) (911,928) (70,055) (873,061) (893,937) 0Records (165,663) (175,663) (9,633) (161,061) (149,127) 0Corporate Services (388,512) (352,512) (17,186) (325,422) (302,889) 0Customer Relations (463,566) (503,566) (37,274) (466,604) (439,188) 0Information Comm. Technology (1,061,959) (1,066,959) (54,708) (1,020,910) (948,996) 0Human Resources (668,901) (653,901) (44,427) (605,692) (553,798) 0Community Planning & Development (572,975) (562,346) (30,209) (517,729) (369,002) 148,727 Timing: Projects and labour costsEmergency and Fire Services (734,574) (981,729) (64,390) (898,269) (978,626) 0Rangers (608,652) (623,652) (47,470) (582,952) (507,043) 75,909 Timing: Contract services, equipment, printingLibraries (846,667) (876,667) (72,489) (818,885) (799,822) 0Health (564,056) (558,056) (45,250) (513,881) (475,748) 0Child Care (289,892) (294,892) (26,054) (269,790) (305,666) (35,876) Perm: Increased labour costsWaste Services (2,543,794) (2,430,814) (146,197) (2,243,955) (1,850,656) 393,299 Timing: Projects and operationsTown Planning (1,080,292) (1,084,145) (68,493) (1,000,736) (833,453) 167,283 Timing: Training and projectsCommunity Buildings (1,931,187) (1,901,187) (186,408) (1,750,798) (1,644,193) 0MR Recreation Centre (2,220,767) (2,235,767) (210,930) (2,050,960) (1,894,099) 0Cultural Centre (345,270) (345,270) (10,427) (337,320) (335,870) 0Augusta Recreation Centre (121,646) (121,646) (6,803) (114,797) (70,590) 44,207 Timing: Maintenance costsGloucester Park (240,100) (185,100) (13,734) (172,900) (161,671) 0Beach Lifeguards (122,568) (122,568) (1,761) (122,218) (98,097) 24,121 Timing/Perm: Labour, maintenance, consultantParks and Gardens (2,122,174) (2,541,174) (193,519) (2,352,300) (2,303,152) 0Asset Services (1,089,514) (1,047,830) (72,598) (984,213) (873,218) 110,995 Timing Projects and utilitiesLandcare (305,581) (305,581) (18,519) (295,612) (247,800) 47,812 Timing: ProjectsMaintenance (7,172,186) (7,984,708) (748,640) (7,289,636) (7,195,342) 0Plant Program (55,139) (55,139) (1,695) (55,139) (66,866) (11,727) Perm: Loss on sale of assetCaravan Parks (1,301,829) (1,318,829) (88,553) (1,199,723) (1,140,376) 0Building Control (218,246) (198,246) (13,093) (182,758) (145,740) 37,018 Perm: Labour costsWorks Overheads (74,023) (99,022) 20,488 (105,695) (22,078) 83,617 Timing: Overhead recovery rate over recoveringPlant Operation Costs 27,676 (147,324) 14,139 (139,179) 107,257 246,436 Timing: Plant recovery rate over recoveringOther Property and Services (60,000) (295,000) 1,359 (282,500) (249,553) 32,947 Timing: Workers Compensation claimsTOTAL EXPENSES (32,096,190) (33,773,106) (2,538,878) (31,200,137) (29,045,899) 2,154,238

NET OPERATING SURPLUS/(DEFICIT) (3,277,420) (3,898,481) (1,758,884) (1,672,274) 973,765 2,646,039


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 31 May 2016

BUSINESS UNITS 2015-16 2015-16 2015-16 2015-16 2015-16 YTDApproved Amended Month of YTD YTD Variance

Budget Budget May Budget Actual >10% & Comments$ $ $ $ $ >$10,000

NON OPERATING GRANTS & CONTRIBUTIONSEmergency and Fire Services 320,000 320,000 0 320,000 0 (320,000) Perm: Grant for Cowaramup BFB applianceTown Planning 200,000 500,000 0 495,000 467,888 0Community Buildings 1,650,000 45,455 0 45,455 54,208 0Augusta Recreation Centre 30,000 30,000 0 30,000 0 (30,000) Perm: Pool Revitalisation Grant not receivedAsset Services 37,125 37,125 0 37,125 0 (37,125) Timing: RBFS grant for Ellis St jetty projectConstruction 3,156,561 3,548,077 143,504 3,548,077 3,414,702 0TOTAL NON OPERATING REVENUES 5,393,686 4,512,657 156,104 4,507,657 3,981,398 (526,259)

NET RESULT 2,116,266 614,176 (1,602,780) 2,835,383 4,955,163 2,119,780

ADJUSTMENTS FOR NON-CASHREVENUE AND EXPENDITURE

Add back Depreciation 7,076,400 8,155,802 692,871 7,469,027 7,436,105 0Add back (Profit)/Loss Asset Disposal 18,494 243,494 (3,518) 243,494 409,212 165,718 Loss on sale of MR Pre-school CentreAdd back Movement in Provisions,etc 0 0 0 0 0 0

7,094,894 8,399,296 689,353 7,712,521 7,845,317 132,796

CAPITAL EXPENDITUREPurchase Land and Buildings (5,003,651) (1,759,901) (132,424) (1,344,401) (603,687) 740,714 Timing: Community building & Caravan Park projectsPurchase Infrastructure Assets - Other (1,569,651) (1,684,651) (105,672) (1,585,827) (797,667) 788,160 Timing: Waste management, Asset ServicesPurchase Infrastructure Assets - Roads (5,677,616) (6,205,135) (275,434) (6,203,619) (5,028,291) 1,175,328 Timing: Path, bridge and other projectsPurchase Plant and Equipment (1,280,191) (1,579,557) (140,994) (1,445,257) (527,611) 917,646 Timing: Plant Program, Aquatic Centre DehumidifierPurchase Furniture and Equipment (258,593) (125,093) 0 (92,293) (78,818) 13,475 Perm: Waste Services weighbridge software

Repayment of Debentures (641,676) (641,676) (30,793) (533,849) (537,167) 0Advances to Community Groups (50,000) (50,000) 0 (50,000) (50,000) 0Transfers to Cash Reserves (2,280,753) (3,058,994) (129,452) 0 (3,154,103) (3,154,103) Property sale proceeds, LBA and S&P, interest

(16,762,131) (15,105,007) (814,770) (11,255,246) (10,777,344) 477,902

CAPITAL REVENUEProceeds from Disposal of Assets 1,160,228 1,204,738 66,048 1,204,738 1,126,782 0Proceeds from Self-Supporting & IF Loans 13,034 15,590 0 14,429 15,663 0Proceeds from New Loan 1,081,600 0 0 0 0 0Transfers from Cash Reserves 1,885,400 1,440,394 0 0 173,394 173,394

4,140,262 2,660,722 66,048 1,219,167 1,315,839 96,672

SURPLUS/(DEFICIT) JULY 1 B/FWD 3,410,710 3,430,813 3,430,813 3,430,813 0

SURPLUS/(DEFICIT) C/FWD (0) (0) (1,662,148) 3,942,638 6,769,788 2,827,150 Investments At 31 May 2016 the Shire’s cash on hand, deposits and investments totalled $20,341,694 (a decrease of $1,478,655 to last month) and total investment interest earned for the month was $50,933. Actual interest earned for the year to date of $526,650 exceeded the amended budget of $477,525.

Term Deposits – Cash Management At the end of May the Shire had the following short-term facilities (term deposits).

Term Days Maturity Institution (ADI) Principal

$ Interest Rate Interest

$ 90 7/6/16 National Australia Bank 1,500,000 3.10% 11,466 268 10/6/16 Bank of Queensland 1,500,000 2.75% 30,288 91 20/6/16 Bankwest 1,500,000 3.00% 11,219 90 4/7/16 National Australia Bank 2,000,000 3.06% 15,090 90 18/7/16 National Australia Bank 1,500,000 3.05% 11,281 365 28/7/16 National Australia Bank 1,000,000 2.89% 28,900 365 16/8/16 Bankwest 4,000,000 2.80% 112,000 365 6/9/16 Bankwest 2,000,000 2.70% 54,000 367 12/9/16 National Australia Bank 3,000,000 2.80% 84,460 366 14/9/16 National Australia Bank 2,000,000 2.80% 56,153

20,000,000 414,857


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No term deposits matured during the month. The average rate of interest to be paid on all of the term deposits is 2.90%.

Held for Trading CDOs The Shire no longer has any CDOs in its investment portfolio. The liquidators of Lehman Brothers Australia have advised they expect to make distributions of funds from the Scheme and the general estate during June 2016. The Shire’s participation in the class action against Standard and Poors has resulted in an interim distribution of $106,523 being received in May from the settlement of this class action. This interim distribution represents 90% of the Shire’s share of the settlement sum after the deduction of legal and associated costs.

In-Kind Support In-Kind support and fee waivers at 31 May 2016 totalled $8,878. $2,478 of fees were waived under delegation and a further $6,400 was provided in sponsorships for sports representatives.


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Reserves Movement to reserves represent interest earned on reserve funds for the year to date and some specific transfers to and from reserves. In addition to interest earned, a number of reserve transactions were processed during the month to ensure the end of month budget surplus was not overstated. These included transferring the interim distribution from the Standard and Poor’s class action settlement to the Community Facilities reserve. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Financial Management Regulation 34 requires a local government to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation 22(1) (d). STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The overall financial performance of the Shire is as summarised in this report. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic As stated in the report. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Monthly Financial Report – May 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Monthly Financial Report consisting of:

a. Notes to and forming part of the Statement of Financial Activity b. Financial Reports by Business Units

RECOMMENDATION / COUNCIL DECISION CR HAYNES, CR SMART OM2016/122 That Council receives the Monthly Financial Report – May 2016 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

CARRIED 7/0


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11.4.3 2016-17 FEES AND CHARGES LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/357 REPORT AUTHOR Vicki Scott, Coordinator Revenue and Customer Service AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services Cr Kennaugh declared an impartiality interest at Item 3.1 as she is the President of the Margaret River and Districts Agricultural Society which is mentioned in the schedule of fees and charges. She stated that she would be fair and balanced in her deliberations and vote objectively. IN BRIEF • Council approval is required to adopt the previously advertised 2016-17 draft Schedule of Fees

and Charges. RECOMMENDATION That Council adopts the 2016-17 Schedule of Fees and Charges as per attachment 1 to be imposed from 1 July 2016. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Shire’s draft Schedule of Fees and Charges was adopted for advertising at the Ordinary Council Meeting on 11 May 2016 (OM20160511) and subsequently advertised for the minimum period of 14 days from Friday 20 May 2016. The closing date for the receipt of submissions was Monday 6 June 2016. No submissions were received. CONSULTATION AND ADVICE External Consultation Nil External Consultation The community were informed of the Shire’s intention to apply fees and charges through advertisements in the Augusta Margaret River Times on 20 May 2016 and 27 May 2016 and requested to lodge submissions by 4.00pm on 6 June 2016. Internal Consultation Executive Leadership Team Business Unit Managers and Coordinators DISCUSSION / OFFICER COMMENTS The community, ratepayers, electors and public were invited to make a submission on the Shire’s intention to apply fees and charges through advertisements placed in the Augusta Margaret River Times. The submission closing date was Monday 6 June 2016 and no submissions were received. The following fees and charges were amended in the 2016-17 Schedule of Fees and Charges after the adoption for advertising by Council:


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• Sport and Recreational Services fee changes for Augusta Health Club and Gym:

Fee and Charge Advertised Amended 2016-17 Membership swipe card $0.00 $20.00 Membership swipe card replacement lost cards $0.00 $10.00 6 months membership includes appraisal 20% discount

$533.00 $331.00

6 months membership includes appraisal is 20% discount

$426.00 $265.00

6 months DA card is 50% concession $266.50 $165.50

• Planning and Development Services Local Government Property and Activities in Thoroughfares and Public Places removal of 2 separately classed fees now consolidated under the Mobile Food Business – Annual Fee as advertised. Fee and Charge Advertised Amended 2016-17 Itinerant mobile food business – residential streets – Annual Fee

$1,000.00 Remove

Itinerant mobile food business - caravan parks - Annual Fee

$70.00 Remove

• Planning and Development Services Development Application Fees for Scheme Amendment

/ Structure Plans/ Local Development Plans and Planning Staff Fees for Amendments and Structure Plans – Per Hour. Scheme Amendment / Structure Plans / Local Development Plans Fee and Charge Advertised Amended 2016-17 In-Principle $1,250.00 $1,250.00 Basic Scheme Amendment $2,750.00 Fee determined on application

pursuant to Town Planning Regs Standard Scheme Amendment $5,500.00 Fee determined on application

pursuant to Town Planning Regs Complex Scheme Amendment $2,750.00 Fee determined on application

pursuant to Town Planning Regs Structure Plan $5,500.00 Fee determined on application

pursuant to Town Planning Regs Minor Variations to Structure Plans Clause 6.2.8.4(a) and 6.2.7.1 of the Local Planning Scheme No. 1

$1,500.00 Fee determined on application pursuant to Town Planning Regs

Local Development Plan $2,750.00 Fee determined on application pursuant to Town Planning Regs

Planning Staff Fees for Amendments and Structure Plans - Per Hour Fee and Charge Advertised Amended 2016-17 Director $91.30 $88.00 Manager or Senior Planner $69.30 $66.00 Planning Officer $38.17 $36.86 Other Shire Staff e.g. Environmental Health Officer

$38.17 $36.86

Administration Staff $31.24 $30.20

• Building Services have received notification from the Building Commission of new Fees and Charges. Amendment to Qualified Inspection Services and Search and Information Fees. Qualified Inspection Services Fee and Charge Advertised Amended 2016-17 Minimum Charge per hour or part thereof *Building Call Out Fee - inspection request

$110.00 $108.00


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*Re-inspections *Professional Consultation Search and Information Fees Fee and Charge Advertised Amended 2016-17 Licenses < 15 yrs $98.00 $96.00 Licenses < 10 yrs $98.00 $96.00 Licenses (under construction) $33.00 $32.00 Home Indemnity Insurance Search Fee - Building Lic. issued after Feb 97

$58.00 $57.00

• Waste Management Business Unit to leave the Domestic Rural Waste pass at 2015-16 costs

as advertised increase was above the increase in operating costs of CPI. Fee and Charge 2015-16 Advertised Amended 2016-17 Domestic Card 3m3 $36.00 $48.00 $36.00 Domestic Card 5m3 $60.00 $80.00 $60.00

• Ranger Services have received notification from the Department of the Attorney General,

Fines Enforcement Registry of fee increases of 11.1% for collection of unpaid fines. Fee and Charge Advertised Amended 2016-17 Issuing final demand $16.40 $18.20 Preparing enforcement certificate $13.95 $15.50 Registration of infringement notice $52.00 $57.75

It is also advised that to ensure full compliance with legislation Council will be requested to adopt the 2016-17 Fees and Charges schedule again at the time of adopting the 2016-17 Budget which is currently scheduled for 27 July 2016.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 (LG Act) section 6.16 – Imposition of fees and charges

(1) A local government may impose* and recover a fee or charge for any goods or service it provides or proposes to provide, other than a service for which a service charge is imposed.

* Absolute majority required.

(2) A fee or charge may be imposed for the following — (a) providing the use of, or allowing admission to, any property or facility wholly or

partly owned, controlled, managed or maintained by the local government; (b) supplying a service or carrying out work at the request of a person; (c) subject to section 5.94, providing information from local government records; (d) receiving an application for approval, granting an approval, making an inspection

and issuing a licence, permit, authorisation or certificate; (e) supplying goods; (f) such other service as may be prescribed.

(3) Fees and charges are to be imposed when adopting the annual budget but may be — (a) imposed* during a financial year; and (b) amended* from time to time during a financial year.

* Absolute majority required. LG Act section 6.17 refers to setting level of fees and charges. LG Act section 6.19 refers to local government to give notice of fees and charges.


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STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective Leadership and Governance. Community Outcome 2: Effective strategy, planning and asset management. Strategic Response 2.5: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. Service level strategy/plan: Fees and charges are incorporated in the annual budget. Policy Policy FI.8 Fees and Charges reviewed and updated in 2014 was adopted by Council at the Ordinary Meeting 19 March 2014 minute reference (OM2014/84). PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Revenue generated from fees and charges are a vital component of the overall 2016-17 budget. SUSTAINABILITY IMPLICATIONS Environmental Revenue generated from fees and charges is utilised by the Shire to carry out environmental works on gardens, parks, reserves and foreshores. There is continued demand for these activities. Social Revenue generated from fees and charges is utilised by the Shire to support a range of community oriented activities which impact on the social fabric of the community. Economic Revenue generated from fees and charges are a vital component of the overall 2016-17 budget without them the Shire would be financially unviable. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council adopts the 2016-17 Schedule of Fees and Charges as per attachment 1 to be imposed from 1 July 2016. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS

1. 2016-17 Schedule of Fees and Charges.

RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR HAYNES OM2016/123 That Council adopts the 2016-17 Schedule of Fees and Charges as per attachment 1 to be imposed from 1 July 2016.

CARRIED BY ABSOLUTE MAJORITY 7/0


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11.4.4 SUBMISSIONS ON 2016-17 DIFFERENTIAL RATES AND MINIMUM PAYMENTS LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/11 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF • Council approved the advertising of the proposed 2016-17 differential rating categories, rate in the

dollar and minimum payments together with the proposed service and waste charges for the year ending 30 June 2017 at the Ordinary Meeting of 11 May 2016.

• Differential rates were advertised for a minimum period of 21 days with the closing time and date for submissions being 4pm Monday 13 June 2016.

• Advertisements were placed in the local newspaper for 4 consecutive weeks from and including Friday 20 May 2016.

• One submission objecting to the proposed differential rates was received as of 4pm Monday 13 June 2016.

• The Shire requires Ministerial approval to levy minimum payments for the differential rating category of Residential Vacant as the number of properties to be levied the minimum exceeds the 50% parameter specified in Section 6.35 (4) of the Local Government Act 1995 (LG Act).

• Department of Local Government and Communities (DLGC) Rating Policy Minimum Payments (s.6.35) August 2013 requires Council to consider submissions received prior to Ministerial approval being considered.

RECOMMENDATION That Council notes the submission received objecting to the differential rates and minimum payments proposed for 2016-17. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The proposed differential rates and minimum payments for the 2016-17 financial year were considered by Council at the Ordinary Council Meeting of 11 May 2016, and subsequently advertised for public comment on Friday 20 May 2016, Friday 27 May 2016, Friday 3 June 2016 and Friday 10 June 2016 in the Augusta Margaret River Times. Advertising was undertaken in accordance with the provisions of the LG Act with a 21 day public submission period for ratepayers expiring at 4.00pm on Monday 13 June 2016. CONSULTATION AND ADVICE External Consultation Department of Local Government and Communities Department of Local Government and Communities (DLGC) Rating Policy for Differential Rates DLGC Rating Policy for Minimum Payments DLGC Operational Guideline 2 - Changing Methods of Valuation of Land


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Ratepayers and Electors The proposed differential rating categories, rates in the dollar and minimum payments were advertised in the local newspaper. Ratepayers and electors were provided with 21 days to lodge a submission. Closing date for submissions was 4pm Monday 13 June 2016. At the closing date one submission was received. Internal Consultation Coordinator Revenue and Customer Services. DISCUSSION / OFFICER COMMENTS One submission was received by the closing date and time that objected to the proposed 2016-17 differential rates. A copy of this submission is attached to this report. The following table summarises the content of the submission received and the staff response to the issues raised in the submission. Submission Date

Summary of Submission Issues Staff Comment

25/5/16 Object to the increasing of UV rural rates through the rate multiplier system that categorises properties as having different numbers of “non-rural” uses. Many of the non-rural uses referred to are rural as in the Town Planning Scheme they are permitted uses within rural areas. It may be that the designation of non-rural could be changed to improve clarification and remove conflict with the Town Planning Scheme definitions. Disagrees with the Shire’s justification that “the provision of non-rural uses in rural areas results in additional costs”. System makes no allowance for scale and therefore completely fails to address the stated justification of offsetting additional costs. In the interests of fairness the Shire needs to create a rating system that bears some relationship to the scale of operations, not simply the existence of them. Alternatively all rural properties could be rated without the multiplier effect. Increasing the rural rate in the dollar would make up the estimated $150,000 shortfall. The present system is lazy, unfair and discriminates against small mixed businesses in the Shire by not allowing any variation for scale.

The submitter is referring to the tiered rating system for rural properties where the UV Rural rate is the base rate and multipliers of 1.25, 1.50 and 1.75 are applied depending on whether a rural property has one, two or three or more non rural uses. This system of rating is consistent with the DLGC Guideline 2 - Changing Methods of Valuation of Land and was adopted by Council on 11 May 2011 (refer minute OM110511) and has been in place since 1 July 2011. The comment relating to the conflict of non-rural uses with the Local Planning Scheme No 1 is disputed. Although wineries, restaurants and chalets are permitted uses within rural zones as designated in the Zoning Table, they are not included within the Use Class of Rural Uses. Wineries and Licensed Restaurants are included within the Use Class of Licensed Premises and Chalets are included within the Use Class of Tourism Uses. The town planning context of the rating category description of non-rural uses is therefore correct and does not need to be changed or clarified. The intent of the tiered system is to recognise the additional impact upon local government services and assets multiple activities at rural properties have. The system is purposely designed to be simplistic in order to ease understanding, application and administration. The system of split valuation rating achieves the same outcome and involves conducting a property survey and obtaining separate valuations for the rural areas of the property and the non-rural areas. The latter would be rated on a GRV basis. DLGC Guideline 2 states split valuations should only be considered where the predominant use of a property


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cannot be determined objectively and fairly. This approach is more costly, time consuming and administratively complex with an estimated cost for implementation for split valuation rating of over $230,000 according to a report prepared in 2012 (refer minute OM1203/27, 28/3/2012). The estimate of a $150,000 shortfall in the rate yield is confirmed with the actual amount to be made up being $151,223. To make up this shortfall the UV rural rate in the dollar would need to increase from 0.004544 to 0.004798. Compared to the 2015-16 rate in the dollar of 0.004267 the revised rate represents an increase of 12.44% compared to the 6.5% increase (3% rate yield increase plus 3.5% average valuation decrease for UV rated properties) that is proposed to be applied for 2016-17.

Ministerial Approval DLGC Rating Policy Minimum Payments (s.6.35) August 2013 requires local governments requesting approval of differential rates to complete a formal Application Form with the following attachments:

1. Copy of the public notice; 2. A copy of the Objects and Reasons for each proposed minimum payment; 3. Any other communication with landowners/ratepayers; 4. Copies of any objections that have been received; 5. The Council’s response to these; 6. Officer’s report to Council; 7. Relevant Council minutes; and 8. Council resolution.

It is proposed to lodge the Application Form and its attachments with the DLGC on Thursday 23 June 2016. This should allow sufficient time for the DLGC to consider the Shire‘s request and allow Council to formally adopt the rates for 2016-17 at the Ordinary Meeting on 27 July 2016. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Part VI of the LG Act deals with the levying of differential rates.

• Sections 6.32 and 6.33 state that Council may impose differential rates based on differential

categories. • Section 6.35 states that Council may impose a minimum payment for each category. • Section 6.35(4) limits local governments from imposing a minimum payment on more than

50% of the properties in a category. • Section 6.35(5) states a local government may seek the approval of the Minister to impose a

minimum payment on vacant land that applies to more than 50% of the properties in the category.

• Section 6.36 requires the local government to give the appropriate notice of its intention to impose differential rates and minimum payments in respect to each differential rate category.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective Leadership and Governance. Community Outcome 2: Effective strategy, planning and asset management. Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position.


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Service level strategy/plan: Bill property rates on adoption of the Shire’s annual budget. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Ministerial approval will ensure that the 2016-17 rates can be adopted by Council at the Ordinary Meeting of 27 July 2016. SUSTAINABILITY IMPLICATIONS Environmental Rate revenue is used to carry out works on parks, reserves, beaches, foreshores and all other land owned and managed by the Shire which has an impact on the environment. There is continued demand for these activities. Social Rate revenue is used by the Shire to carry out a range of community oriented activities which impact on the social fabric of the community. Economic Rate revenue is the main source of funding for the Shire. The level of increase is required to narrow the gap between costs and income. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the submission received objecting to the differential rates and minimum payments proposed for 2016-17. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Copy of submissions received RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART OM2016/124 That Council notes the submission received objecting to the differential rates and minimum payments proposed for 2016-17.

CARRIED 7/0


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11.4.5 2016-17 DRAFT BUDGET LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/358 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF • Each year prior to 31 August, Council must adopt an Annual Budget for the financial year. • Council is requested to consider the draft budget for 2016-17 and to propose any amendments or

changes for inclusion in the final budget. • Council will be requested to consider adopting the final budget for 2016-17 at their Ordinary

Meeting on 27 July 2016. RECOMMENDATION That Council: 1. Having considered proposed revenues and expenditures for 2016-17 approves the draft Budget

for 2016-17 with the following changes: •

2. Adopts the following elected members’ fees and allowances included in the draft Annual Budget

2016-17, in accordance with the April 2016 Determination of the Salaries and Allowances Tribunal, sections 5.98, 5.98A, 5.99 and 5.99A of the Local Government Act 1995 and regulations 30 to 33, 33A, 34 and 34A of the Local Government (Administration) Regulations 1996.

Annual Allowance

$ Meeting Fees

$ Information

Technology & Communications

Allowance $

President 38,400 23,460 3,500 Deputy President 9,600 18,129 3,500 Councillors 0 18,129 3,500

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Local Government Act 1995 requires a local government to prepare and adopt an annual budget prior to 31 August in each year, or such extended time as the Minister allows. The draft budget is the result of input from each of the Shire’s business units and has considered the Shire’s Long Term Financial Plan, Community Strategic Plan and Corporate Business Plan. The budget as provided is balanced and is based on the version provided to Councillors on 1 June 2016 and discussed at the Council Workshop on 8 June 2016.


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The major components of the draft budget are:

• A capital works programme totalling $20,169,659; • Operating expenditure of $34,065,960; • Rate revenue of $19,282,075; • Operating revenue of $11,987,701; • Capital grants and contributions of $9,486,764; • Transfers from reserves of $2,760,846 to fund specific capital works; • Transfer to reserves of $1,001,674 to fund future capital works; • Two new loans totalling $1,450,000 for the proposed Cultural Centre redevelopment

($1,100,000) and the Margaret River Youth Precinct ($350,000); and • An estimated carry forward balance of $2,013,392 from 2015-16.

CONSULTATION AND ADVICE External Consultation

• Invitation to comment on the proposed Differential Rates was first advertised on 20 May 2016 with a closing date for submissions of 13 June 2016.

• Fees and Charges for 2016-17 were approved by Council for advertising on 11 May 2016 and following the completion of over 14 days local public notice Council will be requested to consider their adoption on 22 June 2016 so they become effective on 1 July 2016.

Internal Consultation

• Councillors have been involved through the budget process in budget briefings for rates and employee costs and a workshop on the draft budget as well as approving the fees and charges and the rates for 2016-17.

• Management and staff were actively involved in the preparation and review of the operational and capital budgets. They were also involved in the setting of fees and charges for their areas of responsibility.

DISCUSSION / OFFICER COMMENTS The 2016-17 draft Budget has been developed over a number of months with significant input from staff, management and Councillors. Negotiation has resulted in the reprioritisation and deferral of some projects and activities in order to ensure available funding sources resulted in a balanced budget. The draft Budget as provided includes revenue and expenditure information for each business unit as well as comments providing a breakdown of these amounts and this information will be the main element of the final budget. A Statement of Financial Activity, Statement of Comprehensive Income by Nature or Type, Capital Works Schedule, details of Grants and Contributions revenue, breakdown of Carry Forward Items, details of Reserve balances and loan interest and principal repayments are also included. In addition to this information the final budget will include statutory statements and explanatory notes as well as some explanatory text. Changes to the Draft Budget since Council Workshop A number of changes have been made to the draft budget since the Council workshop was conducted on 8 June 2016. These changes resulted from notification of amendments since the initial version of the draft budget was published and the objective to provide a balanced draft budget. The following table summarises these changes with numbers in brackets representing a reduction in revenue or expenditure. Description Business Unit Revenue

$ Expenditure

$ Possible grant from Department of Transport for Coastal Hazard Risk Management Adaptation Program is funded by $30,000 grant and a $20,000 carryover from a town planning project.

Town Planning 30,000 60,000

Maintenance of RAC electric highway charging stations.

Parks & Gardens 2,000


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Transfer Interest Free Loan repayments to Community Loans reserve.

General Financing 10,554

Remove Royalties for Regions’ grant and expenditure for John Archibald Drive as funds have been provided to Main Roads WA.

Construction (5,370,000) (5,370,000)

Include interest earned for Overnight Cash Deposit Facility (OCDF) established to hold Royalties for Regions funding for Margaret River Main Street project. Funds are transferred to Reserve.

General Financing 90,000 90,000

Increase Indoor Recreation Centre’s Café sales income budget, fees and charges budget and Café stock budget.

Indoor Recreation Centre

24,000 6,000

Various budget adjustments arising from the Council workshop on 8 June 2016 including reducing the allocation for Economic Development Strategy Initiatives, such as the Beenup Milk Processing Facility feasibility study, from $30,000 to $10,000.

Various (35,000)

Reduce community contributions budget. DCCS (3,000) Increase income for caravan parks, including possible income from Chalets which will be transferred to Caravan Park Upgrade reserve.

Caravan Parks 51,250 30,000

Include income from sale of property with proceeds being transferred to Margaret River CBD Redevelopment reserve.

Other Property and Services

300,000 300,000

Summary of Draft Budget A balanced budget is proposed as at 30 June 2017. A summary of the draft Annual Budget 2016-17 as compared to the Annual Budgets for the past two years is provided below for reference purposes: Description 2016-17

$’000 2015-16

$’000 2014-15

$’000 Rates 19,282 18,225 17,308 Operating Revenue 11,988 10,594 10,847 Capital Grants 9,487 5,394 3,114 Operating Expenditure 34,066 32,096 30,441 Asset Purchases 20,170 13,790 11,644 Asset Sale Proceeds 644 1,160 315 Borrowings Repaid 601 642 581 Borrowings Drawn 1,450 1,082 0 Net Transfers To/(From) Reserves (1,759) 395 (2,762) Brought Forward Surplus 2,013 3,411 2,041 Closing Result 0 0 0 At this stage it is projected the Shire will commence the budget year with a surplus of $2,013,392 from 2015-16. The extent of this surplus allows the draft budget to be balanced. The projected budget surplus is an improvement on the budgeted result expected for 2015-16 and is the result of a number of factors including:

• Capital works projects totalling $990,170 did not proceed or were not completed; • Operating expenditure projects totalling $432,800 did not proceed or were not completed in

2015-16; and • Various under expenditures and over budget revenues are expected for the year totalling

$590,422.

Expectations are that 2016-17 will end up with a balanced result.


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Long Term Financial Plan The Long Term Financial Plan (LTFP) was updated for the ten years from 2016 to 2026 and was approved by Council on 13 April 2016. The first year of the LTFP is 2016-17 and the LTFP’s major assumptions, apart from the expected increase to the rate yield, have been reflected in the draft Budget. Accordingly there should be a reasonable degree of correlation between the LTFP forecast for 2016-17 and the draft Budget. The following table provides a comparison. LTFP 2016 to 2026

2016-17 $

Draft Budget 2016-17

$

Difference %

Rates 19,829,578 19,665,575 (0.83%) Operating Revenue (incl. Rates) 31,155,970 31,269,776 0.36% Operating Expenditure 32,806,795 34,065,960 3.83% Net Operating Result (1,650,825) (2,796,184) 69.38% Capital Grants 11,663,673 9,486,764 (18.66%) Capital Expenditure 20,150,913 20,169,659 0.09% One of the reasons for the variance between the draft budget and the LTFP in operating expenditure is the carryover of unspent or deferred budgets for various items and projects. The variance for capital expenditure is also partly attributable to the carryover of items and projects. However, new projects and additional grant funded projects are also a major contributing factor. Capital Works Programme Capital works totalling $20,169,659 have been included in the draft Budget. This includes $990,170 of carryover projects including the Aquatic Centre dehumidifier ($160,000), various caravan parks projects ($320,000) various construction projects including drainage, kerbs, marine structures and Ellis Street Boat Ramp Finger Jetty ($230,625), various Assets Services projects ($46,000) and community building projects ($110,000). Grants and contributions for new capital projects total $9,286,764 with $3,452,514 of these funds being allocated to various road and works projects and $3,400,000 for the proposed redevelopment of the Cultural Centre. $200,000 of the budgeted grants and contributions relates to expected contributions to be received from the Developer Contributions Plan (DCP) and are transferred to a reserve rather than being allocated to a specific capital project at this stage. Proceeds from the sale/trade-in of mobile plant and vehicles are expected to total $344,153. Sale proceeds of $300,000 from the disposal of a property have been included in the budget and have been transferred to the Margaret River CBD Redevelopment reserve. Should any other property disposals occur, sale proceeds will be transferred to reserves for future capital projects. $2,766,282 is proposed to be transferred from reserves to fund specific capital projects including the plant replacement program ($1,000,000), chalets for Turner Caravan Park ($700,000), Margaret River Youth Precinct ($200,000), waste management capital projects ($697,282) and Margaret River football club change rooms ($100,000). The balance of the capital works programme of $5,335,290 will be funded from general revenue (property rates) and is a $718,309 increase on the amount included in the 2015-16 Budget. The majority of the programme is considered to be asset renewal works with 71% or $14,242,459 capital expenditure expected to be for this purpose. This amount exceeds the expected depreciation allocation for the year and shows that the Shire’s asset base is being replenished. The remaining capital expenditure is for new projects ($1,286,500 or 6%) and expansion or upgrade projects ($4,640,700 or 23%). The major capital projects for the year and their source of funding are shown in the following table. Project Description Budget

$ Source of Funding

Various community buildings 714,323 Revenue, carryovers, reserves, grant


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Cultural Centre redevelopment 4,500,000 Grants, Reserve transfer, Loan Turner Caravan Park chalets 700,000 Caravan Park reserve Caravan park buildings 235,000 Revenue, carryovers Margaret River Youth Precinct 1,961,877 Revenue, reserves, grant, loan Footpaths 380,000 Revenue Road Bridges 600,000 Revenue, grants Parks, ovals & playground equipment 391,750 Revenue, reserves Plant and Equipment 3,397,320 Sale proceeds, reserves, revenue,

grants (ESL) Road works 3,794,639 Grants, reserves, revenue, carryover Waste management improvements 1,880,250 Waste management revenue Drainage works 395,000 Revenue Other infrastructure such as fencing, standpipes, lighting, kerbing, marine structures, etc

1,219,500 Revenue, grants, carryovers

Major road work projects to be undertaken by Shire resources include:

• Leeuwin Road reconstruction works of $159,000 is 2/3 funded by a Regional Roads Group grant;

• Wallcliffe Road reconstruction works of $500,000 is funded by Roads to Recovery; • Rosa Brook Road reconstruction works of $715,000 is 2/3 funded by a Regional Roads Group

grant; • Treeton Road reconstruction works of $555,000 is 2/3 funded by a Regional Roads Group

grant; • $300,000 is allocated towards gravel road re-sheeting and $150,000 for sealed road re-

shouldering (last year $100,000); and • $600,000 is allocated towards various rural road reseals and $403,639 towards various

asphalt overlays.

$5,370,000 has been allocated by the State Government for the construction of the John Archibald Drive linkage to the Perimeter Road and while this road will become a Shire road the works will be undertaken by Main Roads WA and therefore this expenditure is not included within the Shire’s budget.

Loan Repayments At 30 June 2017 the balance of loan principal outstanding is expected to be $9,315,534 and compares to $8,483,025 at 30 June 2016. Budgeted principal repayments for the year total $600,922 and interest repayments total $451,758. In addition to interest repayments the cost of the government guarantee fee of 0.7% is budgeted to be $50,799. New loans of $1,100,000 for the Cultural Centre project and $350,000 for the Margaret River youth precinct are budgeted to be drawn down and the budget expects this will not occur until late in the financial year to avoid principal and interest repayments during the year. Interest expense represents 1.5% of total operating expenditure. Reserves The draft budget anticipates the balance of cash backed reserves at 30 June 2017 will be $12,470,115. This compares to the actual closing balance at 31 May 2016 of $14,256,505. During 2016-17 it is proposed to transfer the following to reserves:

• $349,120 in interest is expected to be earned on reserve balances at an estimated average interest rate of 2.65% per annum.

• $200,000 in expected DCP contributions will be transferred to the Developer Contributions reserve;

• $22,000 income from the sale of special series vehicle number plates are to be transferred to the Community Grants reserve;

• $10,554 in repayments received for Interest Free Loans are transferred to the Community Loan reserve;

• $90,000 expected interest to be earned on the Overnight Cash Deposit Facility for the Royalties for Regions’ grant for the Margaret River Main Street project is to be transferred to the Margaret River redevelopment reserve;


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• $300,000 in property sale proceeds is to be transferred to the Margaret River CBD Redevelopment reserve; and

• $30,000 caravan park income is to be transferred to the Caravan Park Upgrade reserve. Transfers from reserves include:

• $700,000 from the Caravan Parks reserve for the construction of chalets; • $1,000,000 from the Plant reserve for purchase of mobile plant; • $686,846 from the Waste Management reserve for various capital works; • $200,000 from the Community Facility reserve for the Margaret River Youth Precinct; • $100,000 from the Community Facility reserve for football club change rooms; • $49,000 from the Affordable Housing Fund reserve for the West Cowaramup POS upgrade; • $20,000 from the Road Asset reserve for disabled parking bay upgrades; and • $5,000 from the Community Grant reserve for Leeuwin Sail Training Ship scholarships.

Rates The draft Budget has included $19,282,075 income to be raised from property rates and is based on the 3% increase applied to minimum payments and rates in the dollar for all rating categories and also takes into consideration the 3.5% average decrease in valuations for unimproved value (rural) properties. The total amount raised is 3% higher than the total rate revenue of $18,724,538 recorded at 8 March 2016 that was used as the base for determining the rate yield target. Interim rates of $40,000, back rates of $20,000, expected late payment interest, instalment interest and instalment administration charges of $255,000 and recovery of summons costs and various other sundry income of $68,500 have also been included in the budget and result in total rates related income of $19,665,575 being reported in the Statement of Financial Activity. Employees The budget provides for employee costs for 167.36 full time equivalent (FTE) positions compared to 165.31 for 2015-16. The main reasons for the increase of 2.05 FTEs are:

• 1 FTE for the Bushfire Risk Planning Coordinator which is a 100% grant funded position by the Department of Fire and Emergency Services;

• 0.9 FTE for Alexandra Bridge camping ground camp host which was previously a contracted role;

• 0.11 FTE for Alexandra Bridge ground maintenance, customer service and management; • 0.24 FTE for Turner Caravan Park chalet cleaning.

These FTE increases are partially offset by savings equivalent to 0.20 FTE across the organisation. Compared to the 2015-16 adopted budget base salaries and wages have only increased by 2.24% despite an Enterprise Agreement wage increase of 2.5% as well as a 2% performance increase for eligible employees Total labour, leave, superannuation, workers compensation, training, uniforms and fringe benefits tax are budgeted to be $14,859,691 and after $759,223 is allocated to capital projects, $14,100,468 is budgeted to be expensed for the year as employee costs. The amount expensed represents an increase of 2.9% compared to the 2015-16 approved Budget for employee expenses of $13,706,610 and reflects continued restraint in wages growth and workforce employment. Business Unit Details The following table provides a summary of the budgeted operating revenue and operating expenditure for each business unit and details of the major changes which have occurred and the major items or projects budgeted for the year.

Business Unit

Operating Revenue

$’000

Operating Expenditure

$’000

Comments

Revenue 19,665 300 3% rate increase, costs steady. General Financing

2,012 593 No advance payment of Financial Assistance Grants is assumed, grant is also frozen at 2014-15 level. Main


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other source of income is interest on investments based on an estimated interest rate of 2.65%. Operating expenditure is primarily interest on loans. Loan principal repayments are included under capital expenditure.

Council 0 301 Lower expenditure as no election in 2016-17, member fees and allowances estimated to increase by 1.5%, Cost of maintaining relationship with Haining included. Special projects include contributions to community groups for CATV.

CEO 6 1,053 Operating expenditure steady despite an increase in special projects including iconic events, local events and economic projects.

DCCS 8 465 Decrease in expenditure as Corporate Planner position moved to Community Planning and Development, community contributions higher and special projects lower.

DSD 644 Minor increase in expenditure is a result of labour costs and legal costs.

DIS 294 Slight decrease in expenditure from 2015-16. Finance 41 953 Increased insurance costs, inclusion of Procurement

Officer and associated costs, inclusion of matching revenue and expenditure for salary packaging FBT.

Records 189 Increased due to allocation of Coordinator’s time. Corporate Services

5 274 Removal of Manager’s position, increased postage and utility costs.

Customer Services

225 543 Sale of vehicle registration plates with profits being transferred to the Community Grants reserve has increased revenue and expenditure. Labour costs higher due to allocation of Coordinator’s time.

Information Comm. & Technology

1,097 Increase in expenditure due to equipment leasing and software licences. Partly offset by reduction in special projects.

Human Resources

10 604 Revenue expected to be received from LGIS scheme member dividend, decrease in expenditure due to reallocation of Manager’s time to other areas. Slight increases in organisational development and employee health programs.

Community Planning & Development

52 578 Grants for projects, minor increase in expenditure, budget organised by service or activity, inclusion of integrated planning works. 9% of expenditure funded by direct revenue/grants was 5%.

Emergency Management

40 70 Capital expenditure of $60k for replacement of SES vehicle. Increase in SES expenditure is matched by increased grant. 57% grant funded was 52%.

Fire Prevention

412 885 Capital expenditure of $1.050 million to replace BFB appliances, works on BFB buildings, fire danger signs, etc are funded by $949k of capital grants. Grant funded Bushfire Risk Management Officer has increased revenue and expenditure by $143K. Additional operating grants are expected to fund increased operational expenditure commitments. $25k budget for maintenance of emergency water supplies has been transferred from Community Buildings but majority of this budget is a carry over. 47% grant funded was 31%.

Rangers 215 722 Revenue higher due to expected increase in infringements, licences/permits and fees and charges. Expenditure higher due to increased contract services including a 6 month contract Ranger, higher vehicle costs and burials costs. Some minor capital


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expenditure expected for cemeteries. 30% of expenditure funded by direct revenue was 31%.

Libraries 34 893 Labour increase due to additional staff member (0.4 FTE). Cleaning contract costs and utilities also increased.

Environmental Health

105 549 Increased revenue from fees and charges. Slight reduction in labour costs due to part of Manager’s time being reallocated and reduction in contract services although events impact analysis carried forward. 19% of expenditure funded by direct revenue was 18%.

Child Care 283 307 Expected increase in revenue from fees and charges. Capital budget of $6.5k for nature play playground expansion and $7.5k for outdoor blinds. Increased labour costs, contract services and vehicle operating expenses. Overall level of cost recovery has declined slightly with 92% of expenditure funded by direct revenue when it was 94%.

Waste Services

4,326 3,133 As a result of expected capital expenditure of $1.880 million, funds of $687k have been transferred from the Waste Management reserve which will result in the balance of this reserve reducing to $4.310 million. The waste services area is budgeted to be self-supporting from the fees and charges raised with any surplus funds transferred to reserves for future expenditure on waste facilities for the community. Increased number of services is increasing income and the commercial waste income stream is also expected to increase. Increased income is able to fund increases in waste collection and waste operation costs as well as special projects and the Waste Education officer.

Town Planning

388 1,125 Revenue is projected to increase with the inclusion of an expected grant from the Department of Transport for the Coastal Hazard Risk Management Adaptation Program (CHRMAP). Capital income of $200k expected from DCP is transferred to reserves. Increase in expenditure is due to carrying forward the Environment and Sustainability strategy as well as new projects including CHRMAP, Witchcliffe wastewater treatment review and the fire management plan for East Margaret River.

Community Buildings

1,795 $5.146 million is also included for capital works with the main item being the first stage of the redevelopment of the Cultural Centre which is expected to be partly funded by a $3.4 million grant. Increased building maintenance costs are offset by reduced cleaning costs, consultants and depreciation resulting in an overall reduction in operating expenditure. Budget for cleaning and maintenance of community buildings is $828k.

Indoor Sports 323 705 Inclusion of Sports Marketing events income partly offsets anticipated income reduction for Café and fees and charges for hire and use of indoor sports facilities. Reallocation of Manager’s time to other recreation services has contributed to reduced expenditure. Overall level of subsidy required from Council is slightly lower than the 2015-16 Budget with 46% of expenditure funded by direct revenue when it was 43%.

Aquatic Centre

248 1,080 Plus $377k for capital works including the dehumidifier and building renewal works. Membership and entrance fees and charges are projected to remain steady. Allocation of Manager’s time has increased labour costs and cost of utilities and chemicals is also expected to


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increase. Overall subsidy from Council is expected to be the same as 2015-16 with 23% of expenditure funded by direct revenue.

Fitness Centre

330 415 Increased building maintenance, contract services and minor equipment, reduction in equipment lease costs. Staff also provide services for Augusta Recreation. Overall level of subsidy required from Council is slightly higher than the 2015-16 Budget with 80% of expenditure funded by direct revenue when it was 83%.

Cultural Centre

5 362 Plus $10k of capital expenditure to continue implementation of Stuart Report recommendations. Increased maintenance, building depreciation and payment to Arts Margaret River in accordance with agreement. Revenue is reimbursement for utilities.

Augusta Recreation

36 88 Plus $16k of capital expenditure to renew assets. Labour costs removed as serviced by Fitness Centre. Other costs are steady. 41% of expenditure funded by direct revenue when it was 33%.

Gloucester Park

70 193 Plus $72k for various capital works for the ovals and buildings which are primarily carryovers. Decrease in building depreciation, otherwise expenditure items re steady. Budget does not include cost of maintaining the ovals which is included in Parks & Gardens.

Beach Lifeguards

119 Decrease in vehicle, equipment and building costs has resulted in reduced expenditure.

Parks and Gardens

5 2,691 Plus capital expenditure of $392k for various projects including replacement of playground equipment, annual allocations for public open space renewal and improvements for the West Cowaramup Public Open Space. Increase of 1 FTE for litter control, street sweeping, etc. Increase in reserves maintenance generally as well as a result of new areas. Cemeteries cost increased due to Masterplan.

Assets Services

124 997 Plus $148k for various capital works partly funded by carry overs. Subdivision inspection fees and other fees and charges are expected to increase slightly. Consultant costs remain the same, street lighting costs and asset management costs are expected to increase. Carryovers funding some operating projects.

Landcare 312 Expenditure is similar to 2015-16 with the only increase being the contribution to the Cape to Cape Catchments Group. $119k is allocated to Special Projects. These special projects include the project areas that comprise the $90k Environmental Management Fund allocation.

Construction Capital expenditure of $5.886 million is funded by grants totalling $3.452 million, carryovers of $231k and reserve transfers of $20k. Council’s contribution of $2.183 million is $60k higher than that budgeted for 2015-16.

Maintenance 8,041

Expenditure has increased by 12.1% compared to the 2015-16 Budget. Depreciation is the largest increase although all activities have increased other than bridge maintenance and waste collection public space.

Plant Program 40 49 Plus capital expenditure of $2.022 million funded by sale proceeds of $341k and a $1 million transfer from Plant Replacement reserve. Apart from equipment purchases, revenue and expenditure items are the non-cash recognition of profit and loss on asset disposals.

Caravan Parks

2,000 1,377 Plus capital expenditure of $1.065 million part funded by a $700k transfer from Caravan Parks reserve as well as carryovers. Revenue is projected to increase for Turner


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and Flinders Bay Caravan Parks but is projected to halve for the Alexandra Bridge camping ground due to legislative restrictions on the number of camping sites. Labour costs are expected to increase due to Alexandra Bridge no longer being run by a contractor as well as the introduction of new services, specifically chalets at Turner Caravan Park. Utilities, maintenance and operating costs are all expected to increase. Special projects expenditure for Alexandra Bridge includes fire mitigation, foreshore management and tree management works. The overall return to the Shire from the operation of the caravan parks is expected to reduce due primarily to the increased cost of the Alexandra Bridge camping ground.

Building Control

218 172 Income is expected to be similar to 2015-16 and expenditure has reduced due to a reduction in employee costs. Revenue exceeds expenditure, therefore no subsidy is provided by Council.

Public Works Overheads

120 Represents the allocation of labour and related overheads associated with the works’ workforce. Review of cost allocations has resulted in an overhead rate of 90% being applied within the budget unallocated balance represents depreciation and the plant operating costs overhead.

Plant Operating Costs

(79) Represents the allocation of plant maintenance costs to individual items of plant. Reduction in plant lease payments and fuel is offset by increased insurance, registrations, parts and external works costs. Slight over recovery of costs offsets the under recover of public works overheads.

Other Property and Services

40 57 Plus $300k included as proceeds from the sale of a property and is transferred to the Margaret River CBD Redevelopment reserve. Budget for some land sale costs has been included. Other items are similar to the 2015-16 Budget.

Councillor and Community Requests Requests from Councillors and the community that have been provided to staff during the year or were advised at the draft Budget workshop on 8 June 2016 have been included in the draft Budget. Councillor Fees and Allowances The Salaries and Allowances Tribunal (SAT) determined that from 1 July 2013 the banding structure for local governments provides for:

• Meeting fees within a range of $3,500 to $30,000 per annum for Councillors and $3,500 to $40,000 per annum for Mayors and Presidents;

• Annual allowance for Mayors and Presidents will extend from $500 to $85,000 per annum within the 4 band structure; and

• To combine the separate Information Technology and Telephone allowances into an Information and Communication Technology allowance with the maximum payable being $3,500 per annum.

The Shire of Augusta Margaret River is classified as falling within band 2 and the minimum and maximum amounts applicable to this band were originally: Minimum Maximum Meeting Fee for Councillors $14,500 $22,000 Meeting Fee for Mayor or President $14,500 $29,500 Allowance for Mayor or President $15,000 $60,000


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The Salaries and Allowances Tribunal made their last determination of the fees for elected members on 12 April 2016 and determined that a 1.5% increase would apply. As a result the minimum and maximum amounts applying to the Shire for 2016-17 are: Minimum Maximum Meeting Fee for Councillors $14,718 $23,000 Meeting Fee for Mayor or President $14,718 $30,841 Allowance for Mayor or President $15,225 $62,727 The following allowances were budgeted for 2015-16 and were based on increasing the June 2014 determination of the Salaries and Allowances Tribunal by 2.5%. These allowances are in accordance with sections 5.98, 5.98A, 5.99 and 5.99A of the Local Government Act 1995 and regulations 30 to 33, 33A, 34 and 34A of the Local Government (Administration) Regulations 1996. Annual Allowance

$ Meeting Fees

$ Information


Allowance $

President 37,823 23,114 3,500 Deputy President 9,456 17,861 3,500 Councillors 17,861 3,500 Fees for 2015-16 totalled $202,056 At this stage the draft budget proposes that Councillor fees and allowances be increased in accordance with the 1.5% increase of the Salaries and Allowances Tribunal within the limits of the bands imposed by the Tribunal and are as follows. Annual Allowance

$ Meeting Fees

$ Information


Allowance $

President 38,400 23,460 3,500 Deputy President 9,600 18,129 3,500 Councillors 18,129 3,500 Fees and allowances for 2016-17 total $204,752 in the draft budget. Council can however increase these fees and allowances provided they do not exceed the upper limits established by the Salaries and Allowances Tribunal. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The draft Annual Budget 2016-17 has been prepared in accordance with the Local Government Act 1995 and associated Local Government Financial Management (Regulations 1996), together with the Australian Accounting Standards. Section 6.2 of the Local Government Act 1995 and, Part 3 of the Local Government (Financial Management) Regulations detail the form and manner in which an annual budget is to be presented to the Council for adoption. In accordance with Section 6.36 of the Local Government Act 1995 the Shire has given the appropriate notice of its intention to impose differential general rates and specified minimum payments in respect of each differential rate category. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance


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Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The draft Annual Budget 2016-17 determines the financial operations of the Shire for the 2016-17 financial year. SUSTAINABILITY IMPLICATIONS Environmental The draft Annual Budget 2016-17 includes activities and programs that take into consideration the Shire’s strategic goal of valuing the natural environment. Social The draft Annual Budget 2016-17 includes activities and programs that take into consideration the Shire’s strategic goals of welcoming and inclusive communities and managing growth sustainably. Economic The draft Annual Budget 2016-17 includes activities and programs that take into consideration the Shire’s strategic goals of a vibrant and diverse economy and effective leadership and governance. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Having considered proposed revenues and expenditures for 2016-17 approves the draft Budget

for 2016-17 with the following changes: •

2. Adopts the following elected members’ fees and allowances included in the draft Annual Budget

2016-17, in accordance with the April 2016 Determination of the Salaries and Allowances Tribunal, sections 5.98, 5.98A, 5.99 and 5.99A of the Local Government Act 1995 and regulations 30 to 33, 33A, 34 and 34A of the Local Government (Administration) Regulations 1996.

Annual Allowance

$ Meeting Fees

$ Information


Allowance $

President 38,400 23,460 3,500 Deputy President 9,600 18,129 3,500 Councillors 0 18,129 3,500

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Draft Budget for 2016-17


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The CEO addressed the meeting notifying them of an administrative change to the recommendation, being the inclusion of the following dot point:

• Increase the allocation for Economic Development Strategy Initiatives (job CEO19) to $30,000

The modified recommendation was then moved and put to the vote as follows: MODIFIED RECOMMENDATION / COUNCIL DECISION CR TOWNSHEND, CR HASTIE OM2016/125 That Council: 1. Having considered proposed revenues and expenditures for 2016-17 approves the draft

Budget for 2016-17 with the following changes: • Increase the allocation for Economic Development Strategy Initiatives (job CEO19)

to $30,000

2. Adopts the following elected members’ fees and allowances included in the draft Annual Budget 2016-17, in accordance with the April 2016 Determination of the Salaries and Allowances Tribunal, sections 5.98, 5.98A, 5.99 and 5.99A of the Local Government Act 1995 and regulations 30 to 33, 33A, 34 and 34A of the Local Government (Administration) Regulations 1996.

Annual

Allowance $

Meeting Fees

$

Information Technology &

Communications Allowance

$ President 38,400 23,460 3,500 Deputy President 9,600 18,129 3,500 Councillors 0 18,129 3,500

CARRIED 7/0


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12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12.1 No Business in Abuse – Cr Pam Townshend

On 14 June 2016, the Chief Executive Officer, Mr Gary Evershed, received notification from Cr Townshend of her intention to move the following motion: MOTION That Council: Agrees, in principle, to only support and/or contract companies, institutions and organisations that refuse to be involved in or profit from the system of offshore detention and practices that abuse the fundamental human rights of asylum seekers. A company that is not abusive is one which:

(a) Has zero tolerance for child abuse, in policy and practice; (b) Respects people's fundamental rights to freedom from arbitrary and indefinite detention; (c) Does not treat people in a cruel, inhuman or degrading manner; and (d) Commits to transparency and independent monitoring to ensure these principles are upheld.

MOTION CR TOWNSHEND, CR HAYNES That Council: Agrees, in principle, to only support and/or contract companies, institutions and organisations that refuse to be involved in or profit from the system of offshore detention and practices that abuse the fundamental human rights of asylum seekers. A company that is not abusive is one which:

(a) Has zero tolerance for child abuse, in policy and practice; (b) Respects people's fundamental rights to freedom from arbitrary and indefinite

detention; (c) Does not treat people in a cruel, inhuman or degrading manner; and (d) Commits to transparency and independent monitoring to ensure these principles are

upheld. 0/0

AMENDMENT / COUNCIL DECISION CR LANE, CR HAYNES OM2016/126 That the words institutions and organisations be deleted.

CARRIED REASON: Cr Lane spoke to the motion stating the exclusion of the words ‘institutions and organisations’ would allow focus on commercial companies rather than non for profit welfare groups who assist refugees. PRIMARY MOTION / COUNCIL DECISION CR TOWNSHEND, CR HAYNES OM2016/127 That Council: Agrees, in principle, to only support and/or contract organisations that refuse to be involved in or profit from the system of offshore detention and practices that abuse the fundamental human rights of asylum seekers. A company that is not abusive is one which:

(a) Has zero tolerance for child abuse, in policy and practice; (b) Respects people's fundamental rights to freedom from arbitrary and indefinite

detention; (c) Does not treat people in a cruel, inhuman or degrading manner; and (d) Commits to transparency and independent monitoring to ensure these principles are

upheld.


169

CARRIED 7/0

12.2 United Nations Framework Agreement on Climate Change – Cr Peter Lane

On 15 June 2016, the Chief Executive Officer, Mr Gary Evershed, received notification from Cr Lane of his interntion to move the following motion: MOTION That the AMR Shire Council calls on the Australian Government to create partnerships and provide assistance to local governments to help implement the Paris Agreement under the United Nations Framework Convention on Climate Change, adopted in December 2015. MOTION / COUNCIL DECISION CR LANE, CR TOWNSHEND OM2016/128 That the AMR Shire Council calls on the Australian Government to create partnerships and provide assistance to local governments to help implement the Paris Agreement under the United Nations Framework Convention on Climate Change, adopted in December 2015.

CARRIED 7/0 13. MOTIONS FOR CONSIDERATION AT NEXT MEETING

Nil 14. NEW BUSINESS OF AN URGENT NATURE

14.1. Members

Nil

14.2. CEO

Nil 15. CONFIDENTIAL BUSINESS

Nil

16. CLOSURE OF MEETING

The Shire President thanked all in attendance and declared the meeting closed at 8.47pm.