ordinary council meeting · 6/23/2020 · ordinary council meeting . tuesday 23 june 2020 . 6:00pm...

ORDINARY COUNCIL MEETING

Tuesday 23 June 2020

6:00pm

Via Zoom:

AGENDA

Item Title Page

1. Commencement of Meeting, Welcome and Opening Prayer

2. Apologies

3. Leave of Absence

4. Disclosures of Conflicts of Interest

5. Confirmation of the Minutes of the Previous Council Meeting 2

6. Reports from Committees Nil

7. Petitions Nil

8. Officer Reports

8.1 ASSEMBLIES OF COUNCILLORS 4 8.2 TALBOT CARAVAN PARK 7 8.3 SMALL BUSINESS FRIENDLY CHARTER 13 8.4 PLANNING APPLICATION 146/17 FOR THE USE AND DEVELOPMENT

OF THE LAND FOR MINING (GOLD EXTRACTION) AND ASSOCIATED BUILDINGS AND WORKS 16

8.5 PLANNING APPLICATION 147/17 FOR THE USE AND DEVELOPMENT OF THE LAND FOR MINING (GOLD EXTRACTION) AND ASSOCIATED BUILDINGS AND WORKS 29

8.6 PROPOSED SALE OF LAND - 17 MAJORCA RD & 40 GILLIES ST, MARYBOROUGH 42

8.7 PROCUREMENT POLICY REVIEW 46 8.8 PRIVACY POLICY REVIEW 50 8.9 PUBLIC INTEREST DISCLOSURE PROCEDURES REVIEW 53 8.10 MAY FINANCE REPORT 56 8.11 2020-2021 PROPOSED BUDGET 63

9. Use of Common Seal Nil

10. Notices of Motion Nil

11. Urgent Business

12. Confidential Business Nil

13. Meeting Close

Ordinary Council Meeting – 23 June 2020

5 CONFIRMATION OF THE MINUTES OF PREVIOUS COUNCIL MEETINGS

Author: Governance Officer

Responsible Officer: Chief Executive Officer

The Officer presenting this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

SUMMARY/PURPOSE

To present for confirmation the minutes of the Council Meeting held on 26 May 2020.

LEGISLATION AND POLICY CONTEXT

Central Goldfields Shire Council’s Council Plan 2017-2021 (2018 Refresh) – Our Organisation

Outcome: Central Goldfields Shire is proactive, well governed, professional and financially sustainable organisation.

4.3 Objective: Provide leadership in governance and Council decision making

BACKGROUND INFORMATION

The minutes of meetings remain unconfirmed until the next meeting of Council.

REPORT

Council keeps minutes of each meeting of the Council and Special Committees, and those minutes are submitted to the next appropriate meeting for confirmation.

CONSULTATION/COMMUNICATION

Once confirmed minutes become available, they will replace the unconfirmed minutes currently on the Council’s website.

FINANCIAL & RESOURCE IMPLICATIONS

Costs included in the Governance and communications budgets.

RISK MANAGEMENT

This process conforms to the requirements of the Local Government Act 1989. Although the relevant section has been repealed from the Local Government Act 1989, Council has not finalised its Governance Rules which will detail the form and availability of meeting records. Publication of the minutes increases transparency and reduces the risk of maladministration.

Ordinary Council Meeting – 23 June 2020

CONCLUSION

The unconfirmed minutes of the Council Meeting held on 26 May 2020 are presented for confirmation.

ATTACHMENTS

1. Unconfirmed Minutes of Council Meeting held 26 May 2020.

RECOMMENDATION

That Council confirms the Minutes of the Council Meeting held on 26 May 2020.

MEETING OF COUNCIL MINUTES

Tuesday 26 May 2020 6:00pm

Via Zoom:

MEMBERSHIP

Administrator Noel Harvey Administrator Karen Douglas Administrator Hugh Delahunty

To be confirmed at the Council Meeting scheduled for 23 June 2020

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Meeting of Council Minutes – 26 May 2020 Page 2 of 20

1. COMMENCEMENT OF MEETING AND WELCOME

The meeting commenced at 6.00pm The Chair, Administrator Noel Harvey read the Council Prayer and acknowledgement of country.

IN ATTENDANCE via videoconference Zoom

Administrator Noel Harvey Administrator Hugh Delahunty Administrator Karen Douglas

Chief Executive Officer, Lucy Roffey General Manager Corporate Performance, Paul Brumby General Manager Community Wellbeing, Martin Collins General Manager Infrastructure Assets and Planning, Rebecca Stockfeld

2. VIRTUAL COUNCIL MEETING PROCEDURES

The purpose of this report is to recommend that Council adopt the Virtual Council Meeting Procedures to assist Council with conducting Council meetings by electronic means.

Council Resolution

That Council:

1. Adopt the Virtual Council Meeting Procedures;

2. Authorise the Manager Governance, Property and Risk to update the Virtual Council Meeting Procedures following the May Council Meeting if required; and

3. Authorise Administrator Karen Douglas to chair the Council Meeting if the Chair of the Administrators audio or visual is lost and cannot be regained within 30 minutes;

4. Call a Council Meeting via Council’s Facebook page and website announcement if a meeting cannot continue due to lack of a quorum.

Moved Administrator Douglas Seconded Administrator Delahunty

CARRIED

3. APOLOGIES

Nil

4. LEAVE OF ABSENCE

Nil

5. DISCLOSURES OF CONFLICTS OF INTEREST

Nil

6. CONFIRMATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETING

To present for confirmation the minutes of the Ordinary Council Meeting held on 28 April 2020.

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Council Resolution

That Council confirms the Minutes of the Ordinary Council Meeting held on 28 April 2020.

Moved Administrator Delahunty Seconded Administrator Douglas

CARRIED

7. REPORTS FROM COMMITTEES

Nil

8. PETITIONS

Nil

9. OFFICER REPORTS

9.1 ASSEMBLIES OF COUNCILLORS

The purpose of this report was to provide the record of any assembly of councillors, which has been held since the last council meeting, so that they are recorded in the minutes of the formal council meeting.

Council Resolution

That Council note the record of assemblies of councillors for the period 21 April 2020 to 15 May 2020.


CARRIED

9.2 CENTRAL GOLDFIELDS 2030 COMMUNITY PLANS

The purpose of this report is to present the eight community plans developed through the Building Better Regions Fund, for endorsement.

The purpose of the community plans is to provide a mechanism for communities to self-determine their priorities for ten years to 2030.

Council Resolution

That Council endorses the eight community plans for Bealiba & District, Bet Bet & District, Carisbrook & District, Dunolly & District, Majorca & District, Maryborough & District, Talbot & District, and Timor & District.


CARRIED

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9.3 PLANNING APPLICATION 121/19 - Use and development of the land for student accommodation, buildings and works and demolition of a dwelling within the General Residential Zone and Heritage Overlay

The meeting was alerted to three objections received by Council since this report had been written. Council planning staff provided a written summary of the additional objections, concluding that they did not raise any new matters, and noted that a response to each of these concerns is covered in the existing report.

The purpose of this report is seek a Council determination on a planning permit application received by Council for 121/19 at 1-3 Nightingale Street & 75 Clarendon Street, Maryborough for the use and development of the land for student accommodation, buildings and works and demolition of a dwelling within the General Residential Zone and Heritage Overlay.

Council Resolution

That Council having caused notice of Planning Application No. 121/19 to be given under Section 52 of the Planning and Environment Act 1987 and the Central Goldfields Planning Scheme and having considered all the matters generally required, determines to issue a notice of decision of Planning Permit 121/19 in respect of the land known and described as 1-3 Nightingale Street & 75 Clarendon Street for the use and development of accommodation (student accommodation) and demolishment of a building within the General Residential Zone and Heritage Overlay subject to the following conditions:

Amended Plans Required

1. Before the use and/or development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

a) the size of the garden bed located along the western boundary (5 Nightingale Street) increased to 2 metres in width.

Schedule of materials and colours

2. Before the development starts, a schedule of construction materials, external finishes and colours (incorporating paint and material samples) to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the schedule will be endorsed and will then form part of the permit.

Landscaping Requirements

3. Prior to the commencement of the development hereby permitted, a landscaping plan must be submitted to and approved by the Responsible Authority.

The landscape plan must show the following:

(a) An outline of buildings. No floor plans are to be shown on the landscape plan, however the dimensions of the outline are to be informed by the approved site plan.

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(b) Clearly drafted at a scale of 1:100 or similar with a north point and legend.

(c) Clear graphics to indicate trees (deciduous or evergreen), shrubs, ground covers, grass etc.

(d) Botanical and common name, pot size, quantity, planting density and size at maturity of all plantings.

(e) Notated planting specification drawings.

(f) Location and depth of all surface treatments with materials and colours notated.

(g) Outline of all built features including buildings, fences, letterboxes, clotheslines, storage, water tanks and utility structures etc. These structures are to be informed by the site plan.

(h) Mark all crossovers.

(i) Any vegetation or structures within the nature strip.

Please note that any foundations of built structures, including any concrete areas such as paths/driveways, must be protected with appropriate tree root/moisture barriers to ensure the integrity of the foundations are not compromised.

4. The landscape area(s) shown on the endorsed plan(s) must be planted and maintained to the satisfaction of the Responsible Authority and once landscaped must not be used for any other purpose except with the prior written consent of the Responsible Authority.

Additional car parking requirements

5. The permit holder must ensure that 10 car spaces on the subject land and an additional 10 car spaces on the broader hospital grounds are always available for student’s vehicles whom are staying within accommodation. When the student accommodation is vacant the car spaces may be used for other hospital related parking.

No Alteration of Layout

6. The development and uses permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

General Amenity

7. The use and development must be managed so that the amenity of the area is not detrimentally affected, through the:

a) transport of materials, goods or commodities to or from the land b) appearance of any building, works or materials c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil d) presence of vermin.

Concealment of pipes

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8. All pipes, fixtures, fittings and vents servicing any building on the site, other than storm water down pipes, must be concealed in service ducts or otherwise hidden from view to the satisfaction of the responsible authority.

Plant/equipment or features on roof

9. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building(s) without the written consent of the responsible authority.

Garbage storage

10. Provision must be made on the land for the storage of garbage and other solid waste. This area must be properly formed and screened from public view to the satisfaction of the responsible authority.

Use of Parking Areas

11. Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be maintained in a usable and safe condition to the satisfaction of the Responsible Authority and made available for such use and must not be used for any other purpose.

12. Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) to the satisfaction of the Responsible Authority.

Noise from Domestic Fixtures

13. Mechanical ventilation systems and air conditioning units are to be suitably located so they do not cause a nuisance under the provisions of the Public Health and Wellbeing Act 2008.

Construction Phase

14. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality. Measures must be taken to suppress dust, noise or other emissions during construction to prevent nuisance to surrounding neighbours as defined by the Public Health and Wellbeing Act 2008.

Engineering

Entry Works

15. Access to the development must be provided from Clarendon Street via an all-weather driveway with dimensions adequate to accommodate emergency vehicles to the satisfaction of the Responsible Authority.

16. Driveway crossings from the road reserve to the property must be constructed to the satisfaction of the Responsible Authority.

17. Prior to commence any works on the road reserve areas, the developer needs to get a “Works in Road Reserve” Permit from the relevant authority to the satisfaction of Responsible Authority.

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18. Works must not commence until the Responsible Authority has approved the design of the driveway crossing and given consent to conduct the works within the road reserve.

19. All work upon the entrances and exits must be carried out at the cost of the owner.

Parking Areas

20. All parking areas must be designed to allow all vehicles to drive forwards both when entering and leaving the subject land to the satisfaction of the Responsible Authority.

21. All car spaces, vehicle access lanes and driveways, including any required disabled car spaces, shown on the endorsed plans must be;

a) designed, constructed, line marked, painted or signed to the satisfaction of the Responsible Authority; and b) must not be used for any other purpose.

General Conditions

22. Pedestrian safe walk zones must be clearly delineated on the road and parking pavement areas at all times to the satisfaction of the Responsible Authority.

23. All vehicular access roads, car parking bays and entry and exit area to and from the site must be illuminated to the satisfaction of the Responsible Authority.

Drainage

24. The property must be drained to the satisfaction of the Responsible Authority to a point of legal discharge.

25. All stormwater runoff from buildings and impervious surfaces must be collected on site and discharged to a legal point of discharge to the satisfaction of the Responsible Authority.

Emissions and Discharges During Construction

26. The developer must restrict emissions and discharges from any construction sites within the land in accordance with the best practice environmental management techniques and guidelines contained in the Environment Protection Authority publications Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995) to the satisfaction of the Responsible Authority.

Expiry of Permit

27. This permit will expire if one of the following circumstances applies;

a) The development is not started within four (4) years of the date of this permit;

b) The development is not completed within six (6) years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing whereby either of the following instances apply:

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a) before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started; or

b) within 12 months after the permit expiry date, where the proposal allowed by the permit has lawfully started before the permit expires.


CARRIED

9.4 PLANNING APPLICATION 123/19 - 59 Lot subdivision and removal of native vegetation at 42 Harrison Street Maryborough

The purpose of this report is to seek a Council determination for the planning permit application for 123/19. The applications proposes a 59 lot subdivision of the land and native vegetation removal. The subdivision is proposed to be staged over 3 stages, with a variety of land sizes across the whole site. A drainage reserve forms part of Stage 1.

Council Resolution.

That Council having caused notice of Planning Application No. 123/19 to be given under Section 52 of the Planning and Environment Act 1987 and the Central Goldfields Planning Scheme and having considered all the matters generally required, determines to issue a notice of decision of Planning Permit 123/19 in respect of the land known and described as 42 Harrison Street, Maryborough, for a staged 59 lot subdivision subject to the following conditions:

Amended plans

1. Before the plan of subdivision is certified under the Subdivision Act 1988, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application/other specified plans but modified to show:

(a) all bearings, distances, levels, street names, lot numbers, lot sizes, reserves and easements;

(b) a subdivision road layout and road reserve plan;

(c) drainage works required by the conditions of this permit;

(d) landscaping plans inclusive of the requirements of this permit.

These plans must be drawn to scale and with dimensions. When approved, the plan will be endorsed and will then form part of this permit.

Certification of Plan

2. The formal plan of subdivision lodged for certification must be in accordance with the approved plan and must not be modified except to comply with

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statutory requirements or with the further written consent of the Responsible Authority.

Payment in lieu of open space provision

3. Prior to the issue of the Statement of Compliance, a monetary contribution of an amount equal to 5 % of the current value of all the land within the subdivision shall be paid to the Responsible Authority. lf the land is subdivided in stages, the contribution may be paid proportionally to the area of the lots being created.

4. The applicant or owner must pay on demand to Council, the Council's reasonable costs and expenses to provide valuation for payment in lieu of open space.

Staged subdivision

5. The subdivision must proceed in the order of stages as shown on the endorsed plan unless otherwise agreed in writing by the responsible authority.

Easements

6. All existing and proposed easements and sites for existing and required utility services and roads must be set aside in favour of the relevant authority for which the easement or site is to be created on the plan of subdivision submitted for certification under the Subdivision Act 1988.

Telecommunication

7. A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider's requirements and relevant legislation at the time;

8. A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

9. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

(a) a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

(b) a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority,

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unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Engineering

10. Prior to the issue of a Statement of Compliance (or as otherwise stated) the following must be undertaken by the applicant/owner to the requirements and satisfaction of the Responsible Authority (alternative requirements may be approved, in writing, by Council’s Manager Infrastructure):

The subdivision road layout plans must be provided to the satisfaction and approval of the Responsible Authority.

Central Highlands Water

11. Any plan lodged for certification will be referred to the Central Highlands Region Water Corporation pursuant to Section 8(1)(a) of the Subdivision Act.

12. Reticulated sewerage facilities must be provided to each lot by the owner of the land (or applicant, in anticipation of becoming the owner) to the satisfaction of the Central Highlands Region Water Corporation. This will include the construction of works and the payment of major works contributions by the applicant.

13. A reticulated water supply must be provided to each lot by the owner of the land (or applicant, in anticipation of becoming the owner) to the satisfaction of the Central Highlands Region Water Corporation. This will include the construction of works and the payment of major works contributions by the applicant.

14. The owner will provide easements to the satisfaction of the Central Highlands Region Water Corporation, which will include easements for pipelines or ancillary purposes in favour of the Central Highlands Region Water Corporation, over all existing and proposed sewerage facilities within the proposal.

15. If the land is developed in stages, the above conditions will apply to any subsequent stage of the subdivision.

Downer Utilities

16. The plan of subdivision submitted for certification must be referred to AusNet Gas Services in accordance with Section 8 of the Subdivision Act 1988.

Powercor

17. The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to the Distributor in accordance with Section 8 of that Act.

18. The applicant shall provide an electricity supply to all lots in the subdivision in accordance with the Distributor’s requirements and standards. Notes: Extension, augmentation or rearrangement of the Distributor’s electrical assets may be required to make such supplies available, with the cost of such works generally borne by the applicant.

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19. The applicant shall ensure that existing and proposed buildings and electrical installations on the subject land are compliant with the Victorian Service and Installation Rules (VSIR).

20. The applicant shall, when required by the Distributor, set aside areas with the subdivision for the purposes of establishing a substation or substations.

21. The Distributor will register such leases on title by way of a caveat prior to the registration of the plan of subdivision.

22. The applicant shall establish easements on the subdivision, for all existing Distributor electric lines where easements have not been otherwise provided on the land and for any new powerlines to service the lots or adjust the positioning existing easements.

23. Roads shall be designed and constructed in accordance with Council’s Road Management Plan ‘Road Hierarchy’ design service level standards to Urban Access 1 Road and Urban Access Court roads standard, pavement depth 300mm depth minimum, pavement design to be verified via subgrade and pavement materials testing (CBR) with kerb & channel both sides, to the satisfaction of the Responsible Authority.

24. Harrison Street road formation to be widened to a 7.3 metre wide road inclusive of a 20 metre diameter vehicle turn-around area (court bowl) at the north end of the road with kerb & channel completed to both sides.

25. East Field Street formation to be widened to a 7.3 metre wide road with kerb & channel completed to both sides.

26. The laneway which provides rear access to Park Road properties (71 to 89 Park Road) is to be retained or upgraded if it is required to be altered.

27. All roads shall be designed to accommodate and contain road surface stormwater drainage.

28. All road wearing surfaces shall be asphalt, to the satisfaction of the Responsible Authority.

Access

29. Vehicular access to all lots must be provided from the road frontage of the lots, no rear access shall be provided to any of the new lots.

30. Subject to Condition 16 below, vehicular crossovers must be constructed between each of the lots and the road frontages. Such crossovers must be of concrete construction and be from kerb to property boundary in accordance with IDM Standard Drawing SD240. Once constructed the crossover(s) must be thereafter maintained by the landowner to the satisfaction of the Responsible Authority.

31. Where construction of vehicle crossovers is impractical at the time of subdivision the permit holder will be required to enter into a 173 agreement between Council and the permit holder for each lot created in the subdivision to guarantee the future land owner of each lot will provide a crossover to the satisfaction of the Responsible Authority. The Section 173 agreement shall be prepared at the cost of the permit holder and be to the satisfaction of the Responsible Authority.

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32. No secondary access will be allowed for any lots to the Clarendon Street drainage reserve.

Kerbs

33. Kerb and channel provided on both sides of roads to all proposed roads shall be modified SM2 profile.

Footpaths

34. Subdivision footpath layout plans must be provided to the satisfaction and approval of the Responsible Authority.

35. Concrete footpaths shall be 1.5 metre wide and 125mm depth with SL72 mesh reinforcement and offset 300mm from the property boundary along one side of all Urban Access 1 roads.

36. Concrete footpaths shall be 1.2 metre wide and 125mm depth with SL72 mesh reinforcement and offset 300mm from the property boundary along one side of all Urban Access Court roads.

37. A concrete footpath must be provided along one side of Harrison Street from the court bowl at the north end of Harrison Street to link with existing footpath in Harrison Street to Holyrood Street. The concrete footpath shall be 1.5 metre wide and 125mm depth with SL72 mesh reinforcement and offset 300 mm from property boundaries.

38. A concrete footpath must be provided along one side of East Field Street from the west end of East Field Street to link with existing footpath in Park Road to Holyrood Street. The concrete footpath shall be 1.5 metre wide and 125mm depth with SL72 mesh reinforcement and offset 300 mm from property boundaries.

39. Any linkage footpaths in public open space areas shall be 1.5 metres wide and include an all-weather treated surface.

40. All footpaths and pram crossings are to be compliant with the Disability Discrimination Act.

Street Lighting

41. Street lights must be provided on street light poles, adequately located and spaced to light intersections, road reserves, footpaths and public open spaces to the satisfaction of the Responsible Authority.

42. Prior to installation the exact location, type and design of such street light(s) must be approved, in writing, by the Responsible Authority. The design must be one of a standard LED approved by Powercor.

Drainage

43. The owner/applicant must design and construct a drainage system to drain the development to the legal point of discharge.

44. Subdivision drainage plans must be provided to the satisfaction and approval of the Responsible Authority.

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45. The underground drainage system shall be designed and constructed to contain stormwater flows for the minimum return period of 10 years and overland stormwater flows shall be contained for the minimum return period of 100 years.

46. Subject to Condition 32 below, all stormwater shall be accommodated and treated within the subdivision in accordance with IDM Clause 19, including any overland stormwater flows which flow into the subdivision from external sources.

47. Stormwater and surface water drainage from lots, pathways, driveways, drainage reserves, park land and roadways shall be designed for stormwater quality and quantity to comply with the Best Practice Environmental Management Guidelines for Urban Stormwater (CSIRO) 1999 and to the satisfaction of the Responsible Authority.

48. A legal point of stormwater discharge shall be provided for each lot, with the legal point of stormwater discharge from the subdivision to the underground drainage system at the East Field Street/Clarendon Street intersection to the satisfaction of the Responsible Authority.

49. A Stormwater Management Strategy detailing all proposed stormwater quality works (including operation and maintenance schedules) within the subdivision must be submitted to the Responsible Authority for approval. Provision must be made within the subject land, or other land downstream of the subdivision to accommodate the necessary stormwater drainage and treatment system, including, but not limited to, bio-retention and treatment basins, wetlands, open water zones, landscaped areas, pits and underground pipes. Such stormwater retention systems must be used to limit flow downstream from the site to predevelopment levels.

50. Approval for the use of the Clarendon Street road reserve is required before the area can be utilised for development of a retention and treatment basin.

Landscaping

51. Subdivision landscaping plans must show any public open space required and proposed street tree locations and species to the satisfaction and approval of the Responsible Authority.

52. Any public open space areas shall be designed and constructed to be low maintenance.

53. Upon completion of all works all nature strips must be levelled, topsoiled and seeded.

54. Alternate landscaping methods may be undertaken, but must be approved in writing by the Responsible Authority prior to any works being undertaken.

55. At least one street tree shall be planted in the nature strip to the frontage of each lot. The proposed species must be approved by the Responsible Authority prior to planting.

56. All trees and landscaping must be planted prior to the issue of a Statement of Compliance and maintained by the applicant/owner for a period comprising at least two summers.

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Signage

57. Street name, regulatory and estate signage on road reserves shall be designed and installed to the satisfaction of the Responsible Authority.

Staged Works

58. The staged construction of the subdivision shall be undertaken so that each stage is completed in accordance with the endorsed plans and to the satisfaction of the Responsible Authority.

59. Prior to the issue of Statement of Compliance for any stage of the subdivision, nature strips, road related assets, stormwater drainage and treatment system assets and driveways for the relevant stage shall be 100% complete to the satisfaction of the Responsible Authority;

Defects Liability

60. A defects liability period will apply to all civil construction works undertaken.

61. Handover of nature strips, road-related assets and stormwater drainage and treatment system assets will occur at the end of the defects liability period, where the condition and operation/function of each asset is to be to the satisfaction of the Responsible Authority.

62. Defects liability periods are:

Nature strips and landscaped areas - at least 2 summers from installation/planting

Road related assets - 12 months from completion • Open space assets – 12 months from installation/planting

Stormwater drainage and treatment system – 12 months from completion

Constructed items - 12 months from completion.

63. The operation/function/maintenance/repairs of nature strips, road related assets, landscaped areas and stormwater drainage and treatment system assets will be undertaken by the permit holder up to handover for each stage, where the operation/function of each asset is to be to the satisfaction of the Responsible Authority.

Prior to the Certification of the Plan of Subdivision

64. Prior to Certification of the Plan of Subdivision, the applicant/owner must submit digital format and 3 hard copy format site plans drawn to scale with dimensions and inclusive of a proposed timeline of works to the Responsible Authority. When approved, the plan(s) will be endorsed and will then form part of this permit. Such plan must be generally in accordance with the plan submitted but modified to show:

Detailed civil drawings of all proposed roads, including the ability to accommodate a garbage truck and vehicle turn around facilities

Construction access routes (subdivision & dwelling)

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Vehicular crossovers and kerbs

Traffic control facilities

Drainage (including computations and Water Sensitive Urban Design treatment measures) and legal point of stormwater discharge for each lot (house drains)

Stormwater retention and treatment basins, lagoons and or wetlands

Footpaths, street lights and signage

Street trees and landscaping.

Prior to the commencement of any buildings or works the applicant/owner must:

65. Ensure all civil drawings are approved and to the satisfaction of the Responsible Authority.

66. Make application for and have approved driveway crossing permits (vehicular crossover) and road occupation permit(s) (pedestrian access way, kerbs, footpaths, landscaping). All works constructed or carried out must be in accordance with the approved plans/permit(s).

67. The permit holder must provide temporary garbage collection points for developed properties during staged subdivision construction to the satisfaction of the Responsible Authority.

General Requirements

68. All works constructed or carried out must be in accordance with the approved plans and specifications.

The developer must restrict sediment discharges from any construction sites within the land in accordance with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).

69. Only the approved subdivision construction access points shall be utilised, or developed, unless with the prior consent of the Responsible Authority.

70. At any time the permit holder must ensure that the operation and condition of Council assets are not damaged by subdivision works or the construction of subsequent stages of the subdivision. If the Responsible Authority deems Council assets have been detrimentally affected or damaged by development construction access, then the assets will be required to be repaired and reinstated by the permit holder to the satisfaction of the Responsible Authority.

71. The permit holder must provide to the Responsible Authority “as constructed“ plans/ civil drawings of all constructed road works, kerbs, footpaths, drainage, traffic control facilities, stormwater retention and detention basin(s), street lights, street trees and signage provided in digital format.

Prior to Statement of Compliance

72. Prior to the issue of a Statement of Compliance the owner the owner of the subject land must submit a Construction Management Plan (CMP). The CMP

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must include for future landowners, their responsibilities for construction works on any lot in this subdivision:

Ensuring all construction workers are made aware of the approved dwelling construction access points as agreed with the land developer.

All damage caused to Council assets during the construction of any building on site are the responsibility of the landowner.

The containment of builders’ waste on-site

The construction of a driveway to each lot, to be constructed of concrete and be from kerb to the property boundary.

Once approved the CMP will be endorsed to form part of the permit.

73. Prior to issue of statement of compliance, road works, vehicle crossovers, drainage and landscaping works for any stage of the approved subdivision must be installed to the satisfaction of the Responsible Authority in accordance with the approved plans. At the completion of the works one set of 'as constructed' civil plans shall be submitted to the Council.

Native Vegetation Offsets

74. ln order to offset the removal of the native vegetation within the Native Vegetation report ID: 313-20191031-003 and dated 31 October 2019 and approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements, and is in accordance with the Permitted clearing of native vegetation - Biodiversity assessment guidelines and the Native vegetation gain scoring manual:

The offset must:

Contribute gain of 0.042 general biodiversity equivalence units

Be located within the North Central Catchment Management Authority boundary or Central Goldfields Shire Council

Have a strategic biodiversity score of at least 0.080

Offset Evidence

75. Before any native vegetation is removed, evidence that an offset has been secured must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements set out in this permit and be in accordance with the requirements of the Permitted clearing of native vegetation - Biodiversity assessment guidelines and the Native vegetation gain scoring manual. Offset evidence can be either:

A credit register extract from the Native Vegetation Credit Register; or

A security agreement, to the required standard, for the offset site or sites, including a 10-year offset management plan to the satisfaction of the Department of Environment, Land, Water and Planning and approved by the Responsible Authority. Every year, for ten years, after the responsible authority has approved the offset management plan, the applicant must

UNCONFIRMED MINUTES


provide notification of the management actions undertaken towards implementing the offset management plan, to the department. An offset site condition statement, including photographs must be included in this notification.

Expiry

76. Where the subdivision is to be developed in stages, the time specified for the commencement of the first stage is two years from the date of this permit. The time specified for the commencement of any subsequent stage is five (5) years from the date of this permit and the time specified for the completion of each stage is five years from the date of its commencement. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards.

Note. The starting of a subdivision is regarded by Section 68(3A) of the Planning and Environment Act 1987 as the certification of a plan under Section 6 of the Subdivision Act 1988. Completion is regarded as registration of the subdivision.


CARRIED

9.5 PLANNING SCHEME REVIEW

After extensive research and engagement the Central Goldfields Planning Scheme Review Report is ready to be presented to Council for adoption. A Planning Scheme Review aims to provide directions to the Council to enhance the effectiveness and efficiency of the Planning Scheme. The Review has been carried out to satisfy Section 12B of the Planning and Environment Act which states a review is due twelve months from when a new Council is elected.

Council is concurrently implementing several of the recommendations of the Review, such as the adoption of the recently completed Population, Housing and Residential Strategy, technological improvements for the statutory planning team and workflow improvements as part of the Better Approvals Project. This report also seeks Council support to authorise further recommendations of the Review, which are the formal abandoning of redundant amendments C11, C13, C19, C22 and C26; and to initiate a procedure to transfer the responsibility of Planning Certificates to the Minister for Planning.

Council Resolution

That Council:

1. Adopt the Planning Scheme Review report and forward it to the Minister for Planning;

2. Formally abandon amendments C11, C13/19, C22, C19 and C26; and

3. Request the Minister for Planning amend the Central Goldfields Planning Scheme to amend the schedule to Clause 72.01 of the planning scheme to change the person or responsible authority for issuing planning certificates from Central Goldfields Shire Council to the Minister for Planning.


UNCONFIRMED MINUTES


CARRIED

9.6 PLANNING POPULATION HOUSING AND RESIDENTIAL SETTLEMENT STRATEGY

The purpose of this report is to present the Population, Housing and Residential Settlement Strategy to Council for adoption.

The purpose of the strategy is to investigate population growth scenarios and identify housing needs, and provide a clear direction for residential development within Central Goldfields Shire for the 2020-2035 period.

Council Resolution

That Council:

1. Adopt the Population, Housing and Residential Strategy; and

2. Commence the preparation of an integrated Planning Scheme Amendment to implement the recommendations of

a. the Population, Housing and Residential Strategy

b. the Planning Scheme Review 2020; and

c. the Economic Development Strategy 2020.


CARRIED

9.7 REMOVAL OF OVERDUE LIBRARY FINES TRIAL

The purpose of this report is to provide Council with a proposal and business case for the removal of issuing of overdue fines at Maryborough Regional Libraries for a trial period of 12 months.

Council Resolution

That Council approves a 12 month trial for removal of overdue fines at Maryborough Regional Library.


CARRIED

9.8 CHIEF EXECUTIVE OFFICER EMPLOYMENT MATTERS ADVISORY COMMITTEE POLICY

The purpose of this report is to recommend to Council an updated policy which guides the way that Council manages matters relating to the employment of the Chief Executive Officer (CEO).

UNCONFIRMED MINUTES


Council Resolution

That Council:

1. Revokes the Chief Executive Officer Recruitment, Performance and Recruitment Review Advisory Committee Terms of Reference.

2. Adopts the Chief Executive Officer Employment Matters Advisory Committee Policy.


CARRIED

9.9 ANNUAL ACTION PLAN UPDATE

The purpose of this report is to provide Council with an update on the status of the projects identified in the 2019-20 Action Plan.

Council Resolution

That Council notes the2019-20 Action Plan Progress Report.


CARRIED

9.10 APRIL FINANCIAL REPORT

The purpose of this report is to brief Council on its financial performance for the year to date and how it is tracking against the adopted budget.

Council Resolution

That Council receives and notes the attached 30 April 2020 Financial Report showing progress against the budget.


CARRIED

10 DOCUMENTS FOR SEALING CONFIRMATION REPORT

Nil

11 NOTICES OF MOTION

Nil

12 URGENT BUSINESS

Nil

13 CONFIDENTIAL BUSINESS

Nil

UNCONFIRMED MINUTES


14 MEETING CLOSURE

The Chair, Administrator Noel Harvey declared the meeting closed at 7.13pm

______________________________________ To be confirmed at the Council Meeting

to be held on 23 June 2020.

Chair, Administrator Noel Harvey

Ordinary Council Meeting – 23 June 2020 Page 4

8. OFFICER REPORTS

8.1 ASSEMBLIES OF COUNCILLORS

Author: Manager Governance Property and Risk



SUMMARY/PURPOSE

The purpose of this report is to provide the record of any assembly of councillors, which has been held since the last council meeting, so that it can be recorded in the minutes of the formal council meeting.



Outcome: Central Goldfields Shire is a proactive, well governed, professional and financially sustainable organisation.

4.3 Objective Provide leadership in governance and Council decision making

Section 80A of the Local Government Act 1989 requires the record of any assembly of councillors to be reported to the next practicable council meeting and recorded in the minutes and to include the names of all administrators and council staff attending, the matters considered and any conflicts of interest recorded.


The Local Government Act provides a definition of an assembly of councillors where conflicts of interest must be disclosed.

A meeting will be an assembly of councillors if it considers matters that are likely to be the subject of a council decision, or, the exercise of a council delegation and the meeting is:

1. A planned or scheduled meeting that includes at least half the councillors and a member of council staff; or

2. An advisory committee of the council where one or more councillors are present.


REPORT

Outlined below are the details of assemblies of councillors:

Date 26 May 2020 Meeting: Briefing Meeting

Councillor Attendees

Noel Harvey (Chief Administrator), Karen Douglas (Administrator), Hugh Delahunty (Administrator)

Council Staff Attendees

Lucy Roffey (CEO); Paul Brumby (GMCP); Rebecca Stockfeld (GMIAP); Martin Collins (GMCW)

Guests Chris Barrett, Director, VRC Property; Michael Marsiglio, VRC Property; David Cheal, Valuer-General Victoria; Terry Maguire, Valuer-General Victoria

Conflict of interest disclosures: NIL

Matters Considered General Valuation Certification

Impact of new valuation on rates by rating category

Federal Grant $789,546 – potential projects

Date 26 May 2020 Meeting: Briefing Meeting




Lucy Roffey (CEO);

Guests


Matters Considered

Pre-meeting briefing

Date 9 June 2020 Meeting: Briefing Meeting




Lucy Roffey (CEO); Paul Brumby (GMCP); Rebecca Stockfeld (GMIAP); Martin Collins (GMCW); Amy Bell, Strategic Planner; Kym Murphy, Manager Community Partnerships; Jen Dyer, Coordinator Recreation; Megan Kruger, Manager Governance Property and Risk; James Maw, Manager Statutory Services; Alexandra Jeffries, Coordinator Statutory Planning; Lynne Stephenson, A/g Manager Finance

Guests Michael King, Otium Planning; Robyn Bowen, Otium Planning

Conflict of interest disclosures: NIL.

Matters Considered

Recreation and Open Space Strategy

Development and Community Safety Report

Dunolly Caravan Park

Sale of Land Majorca Road

Capital Works Status Update

Planning Application 146/17- 104 Parkers Road, Moliagul

Planning Application 147/17- 104 Parkers Road, Moliagul

Talbot Caravan Park Registration

Procurement Policy


Privacy Policy

Public Interest Disclosure

May Finance Report

Budget Briefing

Return to Face to Face meetings

Date 16 June 2020 Meeting: Briefing Meeting




Lucy Roffey (CEO); Paul Brumby GMCP; Rebecca Stockfeld (GMIAP); Martin Collins (GMCW)

Guests


Matters Considered

draft Budget 2020-2021 public document


Assemblies of Councillors reported to Council and minuted thereby informing the community of any reportable assemblies.


Costs included in the Governance budget.

RISK MANAGEMENT

This report addresses Council’s strategic risk Governance - Failure to transparently govern and embrace good governance practices. This process conforms to the requirements of the Local Government Act 1989 and provides increased transparency of declarations of conflict of interest.

CONCLUSION

All assemblies of councillors are reported as required under the Act.

ATTACHMENTS

NIL

RECOMMENDATION

That Council note the record of assemblies of councillors for the period 16 May 2020 to 16 June 2020.


8.2 TALBOT CARAVAN PARK

Author: General Manager Community Wellbeing



SUMMARY/PURPOSE

The purpose of this report is to advise Council on progress made since December 2019 in addressing issues of non-compliance with health and safety guidelines at the Talbot Caravan Park. The report provides Council with information to support its decision on the future registration of the park. The report also provides a recommended course of action for the future governance of the Park should Council agree to re-register for a further two years from December 2020.


Council is responsible for the registration of caravan parks under the Residential Tenancies Act 1997.

Council is the Department of Environment, Land, Water and Planning (DELWP) appointed land manager of the Crown Land portion of this facility.

Central Goldfields Shire Council’s Council Plan 2017-2021 (2018 Refresh) – Our Community

Outcome: A supported, cohesive community, living full and healthy life.

1.4 Objective: Provide leadership in municipal emergency and fire prevention planning and strengthen public safety

Central Goldfields Shire Council’s Council Plan 2017-2021 (2018 Refresh) – Our Economy

Outcome: A vibrant local economy which contributes to the municipality's economic prosperity.

2.2 Objective: Promote Central Goldfields as a place of choice to live, work and play.


Talbot Caravan Park, which is operated by Talbot Football and Netball Club (TFNC), is registered under the Residential Tenancies Act 1997, with the last registration approved by Council on 21 December 2018 for a period of two years (to 31 December 2020).

The Park has a history of non-compliance with health and safety guidelines, most notably in relation to a range of performance measures as set out in the CFA Fire Safety Guidelines for Caravan Parks (Attachment 1).

A report on the future registration of the caravan park, tabled at the Council meeting of December 2019 (Attachment 2), formally noted:


1) non-compliance issues at the Talbot Caravan Park, and the intention to undertake further consultation with the Caravan Park operator Talbot Football Netball Club, the permanent residents and the broader community on the future of the Talbot Caravan Park; and

2) that a further report will come to the March Ordinary Meeting of Council after consideration of the community consultation, providing a recommendation on the future of the Talbot Caravan Park.’

The report tabled at the December Council meeting also noted that the Caravan Park currently operates without a lease agreement in place: ‘As the Caravan Park is on Crown Land, (it) should be operated under an approved DELWP lease. This may require the lease opportunity to be publicly advertised by tender. The cost of running a tender process for the operation of the Caravan Park is approximately $20,000 to $30,000. Ministerial approval can be sought for direct negotiation of a lease (with an identified provider); circumstances where this may be justified include (instances) where the current market rental value of a property is low relative to the cost of conducting a competitive process.’

The preparation of this report was rescheduled from March to June 2020 in recognition of the limitations placed on work being carried out during the Covid-19 lockdown period.

REPORT

Update on Actions from Previous Council Meeting

Following the noted actions from the Council meeting in December 2019, a range of consultation was carried out with TFNC, park residents and the local community to gain a better understanding of the safety measures in place for residents, the experiences of residents of the park and the views of the broader Talbot community on the park and its future registration.

Clear feedback was provided from both park residents and representatives of TFNC that the park should remain open with a number of residents expressing real concern about becoming homeless as a result of not being able to access alternative accommodation elsewhere.

The Council issued public information about the health and safety issues at Talbot Caravan Park immediately following its December meeting. This included local newspaper articles, notices on the Council website, its buildings and in the community. Local people were invited to provide their feedback to Council. In addition as part of the Council’s community planning project, a community workshop held in Talbot on 27 February also presented the opportunity for local people to have their say on the future of the park.

The Council received minimal feedback resulting from newspaper articles and public notices. 21 Talbot residents attended the community planning workshop in February. The group was strongly in favour of the caravan park remaining open, viewing it as an asset capable of further growth by attracting more short term visitors looking for free and low cost, ‘no frills’ camping and caravanning.

To address immediate safety concerns, a new water tank, purchased by Council was installed in the caravan park in late December. The tank was filled by TFNC.

Since the turn of the year TFNC has worked with Council officers to agree the outstanding work to be undertaken by the Club in order to meet safety guidelines for residents and visitors. TFNC also undertook some remedial works to upgrade the toilet and shower facilities for residents in the early part of the year.


A further fire safety inspection carried out by CFA on March 13 and issued to Council on 19 March identified a number of areas where the park remained non-compliant with the Performance Measures outlined in the CFA’s Caravan Park Fire Safety Guideline. Areas of non-compliance pertain to:

Performance Measure 5 - Fire Authority Equipment

Performance Measure 7 – Electrical Safety

Performance Measure 9 – Emergency Management Plan

The report made a recommendation that Council enter a formal agreement with TFNC, which requires the Club to make the health and safety improvements required to address areas of non-compliance.

As a result, following a series of discussions between TFNC and Council officers, the agreed, formal Schedule of Works was issued by Council to TFNC on Tuesday 26 May 2020. (Attachment 3)

TFNC has made good progress in carrying out the works identified, this includes: new water tanks installed; new lighting established in communal areas, storage vans removed from the site to ensure adequate spacing between vans; trenches established for electrical cabling, with a contractor engaged to finalise the work. Work continues on establishing the Emergency Management Plan with support from Council officers. Electrical and plumbing contractors are working alongside TFNC to address the remaining items outlined in the schedule within the relevant timescales.

In addition, Council Officers have agreed to work with suppliers to oversee minor adaptations to the water tank which it installed in December 2019. The CFA noted during inspection that the water tank has valve fittings which are incompatible with current industry standard fire equipment fittings and that the tank displays inaccurate signage.

Council officers will continue to liaise closely with TFNC while the Schedule of Works is in place and will inspect the site at the completion of this period.

If the Caravan Park achieves compliance in line with CFA guidelines and the Schedule of Works, it is recommended that Council supports the re-registration of the Park for a further 2 years from December 2020 to December 2022.

It is recommended that Council re-register the Talbot Caravan Park should TFNC complete the necessary works within the agreed timescale.

If the works are not completed to the satisfaction of Council officers by the due date, a further report will be provided to Council outlining options for the future registration of the Park.

Leasing Arrangements for the Future Operation of the Park

Should the Park be re-registered from December 2020, it will be necessary for Council to formalise the management of the Park – currently operated by TFNC - through a contract lease agreement. The lease agreement would provide the means by which Council could work with the operator in improving health and safety conditions and increasing the level of investment in the quality of facilities available to residents and guests at the Park over time.

The development of a formal contract lease agreement would be carried out either through direct negotiation with TFNC as the existing operator of the Park, or would take place with the


successful contractor following a public procurement exercise to determine the provider best equipped to operate the Park.

In order for a lease to be negotiated directly with TFNC without recourse to a public procurement exercise, a Ministerial exemption is required. As noted in the ‘Background’ section above, an exemption may be considered in cases where ‘the current market rental value of a property is low relative to the cost of conducting a competitive process.’ The estimated cost for carrying out a public procurement exercise for operating the site is up to $30,000.

It is recommended that if the Park is re-registered for operation from December 2020, an independent formal market rental valuation is undertaken on behalf of the Council to inform its decision on whether it is likely to create value for ratepayers to seek ministerial exemption from undertaking a public procurement exercise for the operation of the Park.


Consultation with Residents

Most of the 11 permanent residents at the Park attended two meetings with Council officers in January and February 2020. All residents attended at least one of the meetings.

The group expressed considerable concern at the prospect of the park not being re-registered with a number of residents noting that closure of the park would result in them becoming homeless. A small number of residents identified alternative housing options available to them, but the majority reported having no other practical accommodation options available to them. Representatives from both the Department of Health and Human Services and from Haven Home Safe confirm that housing options are very limited across the region and that residents without the means to manage their move independently would likely wait months, if not years before suitable accommodation became available.

Consultation with the Community – See Update on Actions from Previous Council Meeting (above).


There have been no financial resources invested by Council directly in the Talbot Caravan Park since the purchase and installation of the static water tank at a total cost of $40,000 in December 2019.

Any future contractual negotiations around procurement and leasing arrangements will require a moderate investment of time from Council officers. A public procurement exercise would cost in the region of $20-30,000 to undertake.

RISK MANAGEMENT

This report addresses Council’s strategic risk: Legislative compliance - Failure to manage our compliance with relevant legislative requirements.

The report identifies the steps taken by Council to reduce the safety risk to the lives and property of residents at Talbot Caravan Park.

A formal contract lease and inspection schedule will be established for the Park in the event that it is re-registered after December 2020. These measure will ensure that the Park remains compliant with safety guidelines.


CONCLUSION

Talbot Caravan Park has operated without a range of necessary safety measures in place for some years. This has compromised the safety of users and particularly the 11 permanent residents of the Park.

Consultation with TFNC, park residents and the local community identified support for the Park to be re-registered in December 2020 when the current period of registration finishes. There are very limited alternative housing options available to residents should the park not be re-registered in December.

A CFA inspection of the Park in March 2020 identified a number of areas where key performance measures as set out in the CFA Fire Safety Guidelines for Caravan Parks were not achieved.

Council provided a static water supply for the Park in December which has complemented more recent, renewed efforts from TFNC to address the areas of non-compliance with CFA guidelines.

A program for this remedial work has been agreed between the Council and TFNC through a formal Schedule of Works containing clear deadlines for the completion of specific tasks.

TFNC has made strong progress in meeting the requirements of the Schedule and is on-track to fulfil all of its health and safety obligations.

Should the Park be re-registered in December 2020 a formal contract lease requires to be developed in line with the other caravan parks operating in Central Goldfields Shire. An independent rental market valuation is required to inform a long term market strategy for the continued operation of the site.

ATTACHMENTS

1. CFA Fire Safety Guidelines for Caravan Parks

2. Report to Council tabled December 2019

3. Schedule of Works


RECOMMENDATION

1. In the event that Talbot Football and Netball Club carries out all of the necessary improvements to the site in line with the Schedule of Works as determined by Council, that Council agrees to the re-registration of Talbot Caravan Park for two years from December 31 2020 to December 31 2022

OR

2. In the event that Talbot Football and Netball Club does not carry out all of the necessary improvements to the site in line with the Schedule of Works as determined by Council, that Council notes a further report will be tabled at a future Council meeting presenting options on the future registration of the Park

OR

3. In the event that Talbot Caravan Park is re-registered for a further two years from December 2020, that Council notes the requirement for an independent rental market valuation to be undertaken to inform the Council’s market strategy for the future operation of the Park

Caravan Park FIRE SAFETY

P U B L I S H E D M A Y 2 0 1 2

G U I D E L I N E 2 0 1 2

Caravan Parkkkkkkk FIRE SAFETY

1Contents

Foreword 2

Introduction 3

Definitions 5

Background 8

Key stakeholder responsibilities 9

Guideline structure 10

Application of the guideline 12

Alternative solution process 17

Objectives 25

Performance Measures 27

Prescriptive Provisions 30

Other guidance information 48

Checklist 53

References 56

Published May 2012

Contents

G U I D E L I N E 2 0 1 2

Caravan Parkkkk FIRE SAFETY

2Foreword

Foreword by the Chief Officers

Caravan parks are an iconic part of the Australian landscape and have become

major providers of short- and long-term accommodation. Many parks provide

a variety of self-contained cabins, powered sites for tourist caravans and tent

sites for camping enthusiasts. Many also provide an affordable low-cost holiday-

home alternative. Others provide residential villages for permanent living, that

have a strong sense of community. The Victorian Fire Services recognise this wide

range and diversity of caravan parks within the state.

Fire safety risks and resources in caravan

parks can vary dramatically across the state.

The guideline aims to improve safety in all

caravan parks, whether they provide short-

term tourist van sites or more permanent

holiday-home accommodation. This

guideline aims to reduce the likelihood and

consequence of fire within caravan parks to

create a safer caravan park community.

Accordingly, this edition of the guideline

responds to an ongoing need within

the caravan park community to access

a flexible and reasonable fire safety

reference document.

The performance-style structure of the

guideline continues on from the 2006 version,

providing users with the flexibility required

to make site-specific fire safety improvements

for their park. The guideline includes

additional guidance information on topics

such as maintenance of fire safety systems.

Using a consistent framework to identify

the risks allows the guideline to be adapted

to both new and existing caravan parks. It

recognises that a solution for one caravan

park may not suit another and provides

stakeholders the opportunity to tailor a

fire safety solution to suit their individual

conditions.

It is important that all those with

responsibilities in owning, managing and

operating caravan parks – large or small

– are fully aware of, and understand, their

responsibilities and obligations to ensure

fire safety within caravan parks.

Fire safety not only makes good sense from

a community safety point of view, it is also

a good risk-management business decision.

As the Victorian Fire Services, we invite key

stakeholders to consider the alternatives

offered by this guideline and work together

to improve and maintain a satisfactory

level of fire safety within new and existing

caravan parks.

The success of this guideline is dependent on

the support and cooperation of the Victorian

Fire Services, caravan park owners and

local councils.

Euan Ferguson AFSM Shane Wright AFSM

CFA Chief Officer MFB Chief Officer

G U I D E L I N E 2 0 1 2


3Introduction

Introduction

This guideline has been developed by the Victorian Fire Services (CFA and MFB)

to provide a uniform set of technical provisions for the design and construction

of caravan parks throughout Victoria. The guideline provides flexibility for site-

specific variations due to geographical conditions or individual site constraints.

These provisions will enable the achievement

of consistent, minimum and necessary

provisions for fire safety and emergency

management within caravan parks.

These provisions have been developed

so that the requirements generate greater

net benefits to society than the costs.

The competitive effects of the requirements

have been considered and the provisions

are no more restrictive than necessary in

the public interest.

This guideline can be applied to both existing

and proposed caravan parks and can be used

as a reference tool in relation to fire safety for:

caravan park owners and occupants

local government

designers

CFA and MFB personnel.

G U I D E L I N E 2 0 1 2

Caravan Parkkk FIRE SAFETY

4Introduction

Introduction

About the objectives

The user may demonstrate that they

have satisfied these objectives by meeting

the performance measures, prescriptive

provisions or a combination of both. This

approach gives the guideline a degree of

flexibility that was not previously available,

and enables the objectives to be met

regardless of the situation, be it an existing

or proposed caravan park.

Whilst the performance measures allow

for development of site-specific fire safety

provisions, their application relies upon the

user demonstrating a considered approach

based on risk-management principles

established by the Australian and New

Zealand Standard for risk management

(AS/NZS 4360).

Appropriate application of this guideline

requires consultation with Victorian Fire

Services and other authorities, such as

Energy Safe Victoria for the requirements

of gas and electrical safety.

Combined with a suitable awareness of fire

safety matters, this will facilitate compliance

with existing legislative responsibilities and

Victorian Fire Services requirements

in relation to caravan park fire safety.

To ensure a consistent approach is applied state-wide, regardless of the site, the guideline

requires the following six objectives to be met:

O1 PROVISION & MAINTENANCE

OF FIRE SERVICE ACCESS O2 PREVENTION OF FIRE SPREAD

O6 COMPLIANCE WITH LEGISLATIVE

REQUIREMENTS

O4 IDENTIFICATION & MANAGEMENT

OF FIRE HAZARDS

O5 DEVELOPMENT & IMPLEMENTATION

OF EMERGENCY MANAGEMENT PLANS

O3 PROVISION & MAINTENANCE

OF FIREFIGHTING EQUIPMENT

G U I D E L I N E 2 0 1 2


5Definitions

The Act

Residential Tenancies Act 1997.

Appropriate

Will perform as required relevant to the specific issue to achieve the desired outcome.

Caravan park

As defined by the Residential Tenancies Act 1997: “An area of land on which movable

dwellings are situated for occupation on payment of consideration, whether or not

immovable dwellings are also situated there.”

This guideline applies to caravan parks only. Residential villages, retirement villages or

the like are referred to the Victorian Fire Services separately in accordance with Sections

52 or 55 of the Planning and Environment Act 1987 and accordingly, different fire safety

requirements apply.

Caravan/Movable dwelling/Tent

As defined by the Residential Tenancies Act 1997: “A movable dwelling; or an immovable

dwelling situated in a caravan park.” This includes an unregistered movable dwelling

(UMD). These may also be referred to as transportable structures.

CFA

The Country Fire Authority. The relevant fire authority for the purposes of the Residential

Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations

2010 within the country area of Victoria. The country area of Victoria is defined by the

Country Fire Authority Act 1958 as “means that part of Victoria which lies outside the

metropolitan fire district, but does not include any forest, national park or protected

public land.”

Degree necessary

To the extent that is required to fulfil the function.

Definitions

G U I D E L I N E 2 0 1 2


6Definitions

Department of Planning and Community Development (DPCD)

Responsible for the development and implementation of the Residential Tenancies

(Caravan Parks and Movable Dwelling registration and Standards) Regulations 2010 as

amended from time to time.

Fire brigade operations

All firefighter activities from the time of arrival at an incident, including set-up, search

and rescue, fire attack, extinguishment, and overhaul.

Fire services staff

A CFA or MFB employee representing the applicable fire service on fire

safety matters.

MFESB or MFB

Metropolitan Fire and Emergency Services Board, also known as the Metropolitan Fire

Brigade. The relevant fire authority for the purposes of the Residential Tenancies (Caravan

Parks and Movable Dwellings Registration and Standards) Regulations 2010 within the

metropolitan area.

The Regulations

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards)

Regulations 2010.

Site

Any place within the perimeter of the caravan park including those

occupied by structures.

Structure

Includes a caravan, movable dwelling, unmovable dwelling, tent or an ancillary/

service building.

Note: For firefighter access and fire separation purposes, tents need only be separated

by rented site rather than individually within a single rented site.

Definitions

G U I D E L I N E 2 0 1 2


7Definitions

Suitably trafficable

Paved, sealed or hardened surface that is relatively even and continuous

for pedestrian access.

This may include concrete, bitumen, grass or gravel, etc. but excludes garden beds

or other inappropriate surfaces for people to walk on.

Unobstructed

Clear and without any object that reduces a required width including, but not limited to:

hot water service, building fittings and fixtures, fences, garden beds, pot plants, sheds,

storage of materials or equipment.

Qualitative

An argument based on comparative reasoning (i.e. expert judgement or opinion).

Quantitative argument

An argument based on numerical analysis (i.e. design computations or data).

Victorian Fire Services

Metropolitan Fire and Emergency Services Board and the Country Fire Authority.

Definitions

G U I D E L I N E 2 0 1 2


8Background

Background

Within the state of Victoria, the construction, site layout and facilities within

caravan parks are regulated by the Residential Tenancies (Caravan Parks and

Movable Dwellings Registration and Standards) Regulations 2010 (“The Regulations”).

These regulations are made by the Residential Tenancies Act 1997 (“The Act”).

Fire safety is addressed by the regulations as detailed in Table 1.

Regulation number Focus

Regulations 20 and 21 Fire prevention and safety

Regulations 22, 23 and 24 Emergency management plan, preventative

measures and emergency procedures

Regulations 35 Smoke alarms for movable dwellings

Regulations 40, 43, 44, 45 and 46 Maintenance

Table 1 – Regulatory Requirements

The Regulations

Regulations 20 and 21 require caravan park

owners to consider fire separation, firefighter

access, firefighting equipment. Regulations

22, 23 and 24 require caravan park owners

to consider emergency management plans,

preventive measures to be implemented and

emergency procedures.

Owners should also be aware that the

Regulations (Regulations 40, 43, 44, 45 and

46) require caravan park owners to conduct

regular maintenance to ensure the fire safety

elements are in good working order. Without

suitable guidance this process can lead to

inconsistencies.

Improving caravan park

fire safety

An emerging trend towards developing

caravan parks for almost exclusive long-

term residential use and a desire to improve

fire safety within existing caravan parks

has contributed to a continuing need for a

guideline that can be applied with confidence.

Furthermore, the Victorian Fire Services have

an obligation to take all necessary steps for

the prevention and suppression of fires and

for the protection of life and property in case

of fire. The prevention of fires clearly has a

wider community benefit.

This updated guideline has been developed to

attend to these issues within caravan parks with

respect to current regulatory requirements.

Minimum fire safety requirements

The guideline is considered to be an

appropriate method of establishing the

minimum fire safety requirements for caravan

parks. The Victorian Fire Services considers

that all caravan parks should demonstrate a

willingness to comply with this guideline.

The Victorian Fire Services have recognised

the community need for a flexible and

workable approach to achieving compliance.

Therefore this guideline sets realistic objectives

that are achievable through the use of a range

of alternative designs. However, consultation

with CFA and MFB Fire Safety Staff remains

paramount.

G U I D E L I N E 2 0 1 2


9Key stakeholder responsibilities

Key stakeholder responsibilities

Fire safety within caravan parks is the joint responsibility of several stakeholders. Each

of the following stakeholders has a key role in caravan park fire safety: caravan park

owners, local council, Victorian Fire Services and other emergency services.

Caravan park owners

It is the responsibility of caravan park owners

to ensure that the legislative requirements

are met and the caravan park is operated

in accordance with the registration issued

by the local council. Regulation 10 of the

Regulations states that a person must not

operate a caravan park unless the caravan

park is registered by the local council.

It is recommended that park owners review

their caravan parks annually against this

guideline, to ensure that the park is operating

in the safest possible manner and identify

any risks that need to be addressed. At the

time of applying for registration or renewal

of registration, the caravan park owner should

liaise with the relevant fire service to ensure that

a relevant fire safety reporthas been completed

prior to the application being made.

The owner is also responsible for notifying the

local council of any proposed alterations to

the caravan park. Any alterations must meet

the statutory requirements of the regulations

and the Planning and Environment Act 1987.

One of the regulated duties for caravan park

owners is to ensure that firefighting equipment

is maintained and in working order. They must

also ensure that emergency services vehicles

can access all areas of the park at all times.

Local council

The local council is responsible for registering

caravan parks within its municipality in

accordance with Regulation 13 of the

Regulations. The Regulations require the

council to be provided with a copy of the

most recent report of the relevant fire

authority and the emergency management

plan. Council must consider these documents

prior to making a decision on the registration

of a new caravan park.

The local council should contact the relevant

fire service for comments in relation to any

planning or building permit application

relating to a caravan park.

Local council officers who may deal with

caravan park issues include Environmental

Health Officers, Planners and Building

Surveyors. However, this is generally at

the discretion of council.

Victorian Fire Services

(CFA and MFB) and other

emergency services

Regulation 26 states that the council

must have regard to the fire safety report

prepared by the relevant fire authority before

determining any matter under Regulations

20 and 21. Regulations 20 and 21 relate to fire

prevention and safety, and require caravan

park owners to have regard to the Victorian

Fire Services guideline. Regulation 22 requires

that caravan park owners also consult with

the other emergency services as required

to develop emergency management plans.

Both the Country Fire Authority Act 1958

and the Metropolitan Fire Brigades Act 1958

state in part that Victorian Fire Services are

responsible for taking all necessary steps for

the prevention and suppression of fires and

for the protection of life and property in case

of fire within Victoria.

To enable the Victorian Fire Services to

meet this legislative responsibility, caravan

parks must be designed and maintained

appropriately in accordance with this guideline.

G U I D E L I N E 2 0 1 2


10Guideline structure

Guideline structure

The guideline is headed by the objectives. These objectives help to provide

guidance on the level of community expectation by demonstrating compliance

with the Performance Measures, by utilising the Prescriptive Provisions, or a

combination of both. Figure 1 below depicts this structure.

Objectives (O)

Each objective represents an element of

fire safety that needs to be addressed in

a caravan park. All caravan parks should

meet the objectives which are considered

to reflect the minimum community and

industry expectations and the needs of the

Victorian Fire Services. Objectives explain the

intent and help to aid interpretation of the

performance measures.

Performance Measures (PM)

The Performance Measures state the level of

performance that must be demonstrated by

design proposals.

Compliance with the Performance Measures

can be achieved by:

complying with the prescriptive

provisions;

formulating an alternative which can

show compliance with the Performance

Measures or can be shown to be at least

equivalent to the Prescriptive Provisions; or

a combination of both.

Prescriptive Provisions (PP)

Compliance with the Prescriptive Provisions

will automatically achieve compliance with

the Performance Measures and avoid the need

to prepare additional design information. The

Prescriptive Provisions represent a community

expectation minimum benchmark for meeting

the objectives.

While this structure allows for the development

of site-specific fire safety provisions, its

application relies on the user to demonstrate

a considered approach based on risk-

management principles established by

AS/NZS 4360.

Objectives

Performance Measures

Prescriptive Provisions

Proposed Alternative Solutions

Figure 1 – Guideline structure

G U I D E L I N E 2 0 1 2


11Guideline structure

Guideline structure

Prescriptive Provisions (PP)

The guideline matrix below (Table 2) will help caravan park owners to determine which

Performance Measures or Prescriptive Provisions are linked to which objectives.

Guideline matrix

Objective Performance Measure Prescriptive Provision

O1 PROVISION &

MAINTENANCE

OF FIRE SERVICE

ACCESS

PM1 Firefighter access PP1 Firefighter access & fire separation

O2 PREVENTION OF FIRE SPREAD

PM2 Fire vehicle access PP2 Fire vehicle access

PM3 Fire separation PP1 Firefighter access & fire separation

O3 PROVISION & MAINTENANCE OF FIREFIGHTING EQUIPMENT

PM4 Fire equipment PP3 Occupant fire equipment

PM5 Fire authority equipment

PP4 Fire authority equipment

O4 IDENTIFICATION & MANAGEMENT OF FIRE HAZARDS

PM6 LP Gas PP5 LP Gas

PM7 Electrical safety PP6 Electrical safety

O5 DEVELOPMENT &

IMPLEMENTATION

OF EMERGENCY

MANAGEMENT PLANS

PM8 Flammable liquids PP7 Flammable liquids

PM9 Emergency Management Plan

PP8 Emergency management plan

Table 2 – Guideline matrix

G U I D E L I N E 2 0 1 2


12Application of the guideline

Application of the guideline

Applying the guideline to proposed and existing caravan parks

The Victorian Fire Services consider that this guideline must be implemented

as follows.

New caravan parksFor new caravan park proposals, the guideline

requirements are to be incorporated within

the design during the planning stage prior to

any relevant planning permit being issued.

During the planning permit process, a local

council may seek advice from the relevant fire

authority regarding any proposed caravan

park. The local council may take the fire

service’s comments into consideration when

making a decision on the registration of a

new caravan park.

Caravan park owners must ensure that all

information that is required to demonstrate

compliance with this guideline is provided

in the application to the local council. This

will ensure that the Victorian Fire Services are

provided with all relevant information and

will reduce the likelihood of delays or the fire

services not supporting the application.

New caravan parks should not be provided

with registration by the local council unless

they have demonstrated compliance with

this guideline.

Fire separation rationale – new and existing caravan parks

When developing a new caravan park, or developing new sites in an existing caravan park,

caravan park owners should comply with the Prescriptive Provisions of this guideline

(PP1 and PP2). The provisions require a fire separation distance of 2 metres between and

around dwellings to limit fire spread. They also require an unobstructed width of 1.2 metres

between structures and a minimum height of 2.1 metres to allow a firefighter to move

between structures, and to fight fires and conduct search and rescue activities as necessary.

The Prescriptive Provisions also require a caravan park owner to ensure that fire vehicles are

able to access the park, ensuring that minimum standards for turning circles, gradients and

dips in access roads are met.

Alternatively, a caravan park owner may choose to develop design solutions which meet

the objective (O1 – Provision and Maintenance of Access) of the guideline by satisfying

the Performance Measures (PM1, PM2 and PM3). In developing this alternative design

approach, advice should be sought from a registered fire safety engineer.

For full details, refer to the Alternative Solution Process section of this guideline.

G U I D E L I N E 2 0 1 2




Established caravan parksThe performance-based approach of this

guideline allows it to be applied to existing

parks.

Caravan park owners should demonstrate a

desire to incorporate the guideline requirements

within the caravan park. While this may be

achieved using the Prescriptive Provisions,

the Victorian Fire Services recognise that

complying with the Prescriptive Provisions

may be difficult due to the existing

infrastructure and financial viability issues.

Accordingly, application of this guideline to

existing caravan parks should be sympathetic

to these issues. Recommendations should

focus on treating the identified risks, based

on the principals of AS/NZS 4360.

This process may identify some significant

works and may require the establishment

of an implementation plan or schedule to

complete the works over a reasonable time

frame. The schedule should be mutually

acceptable to the local council and the

caravan park owner.

Caravan park owners can request the

Victorian Fire Services to prepare a fire safety

report to identify any fire safety risks and

to ensure the application of the guideline

to existing parks is reasonable and that any

treatment options are consistent with the

objectives of this guideline.

Fire safety rationale – established caravan parks

It is the intention of the Regulations and this guideline to improve fire safety in existing

caravan parks. However, it is recognised that in established parks, existing fire separation

distances may not meet or be able to meet the 2-metre standard outlined in the

Prescriptive Provisions.

If it is not feasible to increase the fire separation width on a site or throughout a caravan

park as requested in the fire safety report, then the main consideration should be the

overall fire safety of caravan park users. In these cases, additional safety measures may be

appropriate (for example, additional hose reels or hydrants, external smoke detection and

alarm systems, and/or improved emergency management plans) and should be discussed

with the relevant fire authority when the fire safety report is prepared.

G U I D E L I N E 2 0 1 2




Fire safety rationale – established caravan parks continued

However, it is expected that caravan park owners will undertake to improve fire separation

distances over time – as sites are redeveloped or movable dwellings replaced. Where a

new movable dwelling (either an unregistered movable dwelling (UMD) or a rigid annexe)

is installed to an existing site in an established park, fire separation distances should

be increased. This might be achieved through re-orientation of annexes, installation of

narrower dwellings, or replacement of vans and annexes with UMDs. Separation distances

must not be reduced when replacing dwellings in existing sites.

When considering compliance with Regulation 21 (or any of the Fire Safety and Emergency

Management Regulations 20–25 in Part 3 Division), local council should have regard to

any report of the relevant fire authority (as per Regulation 26). Local council should ensure

prior to registration that a mutually acceptable schedule of works is in place to improve fire

safety within the caravan park.

Despite this, there may be cases where the relevant fire authority expresses serious

concern over fire safety due to the fire separation distances in an existing park. In these

cases, caravan park owners may need to develop plans for improving the fire separation to

meet the objectives of the guideline. Caravan park owners should agree with the council

upon a schedule of works for completion over a mutually acceptable time frame. It is

also important that the objective (O1 – Provision and Maintenance of Access) is not

compromised where a UMD or rigid annexe is altered following installation, for example,

through the addition of a carport, deck or verandah. The caravan park owner is responsible

for ensuring that any such alterations do not affect fire safety compliance.

The Regulations do not require the local

council to ensure compliance prior to

registration. However, they provide the

local council a framework for working with

caravan park owners to ensure they are as

safe as possible and that upgrade works are

undertaken over time.

G U I D E L I N E 2 0 1 2




Propose alternative solutions and comply

with some Prescriptive Provisions

Demonstrate compliance with

Performance MeasuresObjectives met

Propose an alternative solution

Demonstrate compliance with

Performance MeasuresObjectives met

Comply with Prescriptive Provisions

Performance Measures met automatically

Objectives met

Option 1: Comply with the Prescriptive Provisions

Figure 2 – Compliance options

Option 3: Comply with some aspects of the Prescriptive

Provisions and demonstrate compliance with

some aspects of the Performance Measures

Option 2: Demonstrate compliance with the Performance Measures

Using the guideline

It is expected that all caravan parks are initially

reviewed against the minimum Prescriptive

Provisions. Where the Prescriptive Provisions

cannot be met, alternative design proposals

can be developed to meet the requirements

of the Performance Measures.

There are three options available to

determine compliance with the objectives.

Figure 2 (below) represents the options

available for achieving compliance.

Design proposals and layouts, along with

emergency management plans supplied

to the Victorian Fire Services for comment,

should clearly identify the compliance option

used for each fire safety element.

G U I D E L I N E 2 0 1 2




Complying with Prescriptive

Provisions

The Prescriptive Provisions of the guideline

offer an established solution for meeting the

guideline objectives. Compliance with the

Prescriptive Provisions does not require the

preparation of alternative design proposals.

In order to comply with a Prescriptive

Provision every aspect of the provision must

be met. Discretion as to whether or not a

Prescriptive Provision has been met will

ultimately lie with Victorian Fire Services

when undertaking a fire safety audit.

Meetings or inspections with Fire Safety

Staff are encouraged to ensure that design

proposals meet the Prescriptive Provisions.

Demonstrating compliance with


Where alternative designs are proposed to

meet the Performance Measures, alternative

design proposals must be prepared with

sufficient information to demonstrate

compliance. Both quantitative and qualitative

information may be utilised. Alternative

design proposals must include supportive

evidence that may be based on:

comparison with the Prescriptive

Provisions; or

documentary evidence that the use of a

material, form of construction or design

meet the Performance Measures (i.e. test

certificates indicating a material’s fire

hazard properties); or

expert judgement in the form of a Fire

Engineering Analysis prepared by a

suitably qualified Fire Safety Engineer.

Expert judgement must be conducted by

a person who has the qualifications and

experience to determine whether a design

proposal complies with the Performance

Measures.

Only a building practitioner who is registered

as a Fire Safety Engineer should design a fire

safety alternative solution. The alternative

solution should encompass the fire safety

performance requirements of the guideline.

The use of expert judgement should only be

utilised where the options provided by the

guideline have been exhausted. If a caravan

park owner uses an expert’s judgement to

analyse a design or an alternative design, it is

strongly recommended that it be reviewed

by an independent third party. The third party

conducting any such review should be an

independent person who can qualify their

expertise.

The extent to which any assessment

method is proposed to be used within the

design of the fire safety alternative solution

should be discussed and agreed upon by all

stakeholders as part of the development of

the proposed alternative solutions.

Alternative solutions to meet


The alternative solutions process is optional.

It only needs to be done by those who do not

wish to follow the Prescriptive Provisions.

17Alternative solution process

G U I D E L I N E 2 0 1 2


Alternative solution process

The alternative solutions process is for caravan park owners who elect to

develop alternative designs to meet Performance Measures, instead of

complying with Prescriptive Provisions.

It is expected that five general stages of a consultation process be followed (see figure 3, below).

These stages will allow you to effectively develop a fire safety solution to address the Performance

Measures outlined in this guideline.

Prepare briefCarry out analysis

Evaluate results

Draw conclusions

Prepare report

Figure 3 – Alternative solution process

Prepare a briefThe brief outlines the alternatives you are

proposing and how you will develop an

alternative solution to ensure it will satisfy all

of the Performance Measures. This process

may include discussions with consultants

and stakeholders to ensure that analysis and

evaluations are agreed to by all relevant parties.

AnalysisUsing the brief, analyse the proposed alternative

solutions. This may involve consultation with

specialists to gather engineering calculations or

statistical analysis, or comparison against other

documentation such as the Building Code.

Evaluate resultsAdjust the plan according to any

recommendations resulting from the analysis.

Draw conclusionsOutline how your proposal complies with the

Performance Measures.

Prepare reportCompile a formal report, including all details of

the proposed alternative solution. This is what

will be assessed by Victorian Fire Services and

local council.

Preparing the brief

The brief is an essential part of the alternative

solution design process. It allows the broader

community aspirations to be taken into account

during the development and evaluation of

alternative solutions, while at the same time

ensuring that levels of safety accepted by the

community are maintained.

The brief might only be a short document,

particularly if the proposed alternative solution

is only a simple departure from the Prescriptive

Provisions. However, for large and/or complex

projects, the brief could be substantial.

Ideally, the brief should be developed

collaboratively by all the relevant stakeholders,

but this may vary according to the particular

circumstances of the project design.


G U I D E L I N E 2 0 1 2



Preparing the brief continuedRelevant stakeholders could include but should

not be limited to:

caravan park owner/manager

fire safety consultant appointed by the

park owner

caravan park designers, including architects,

service designers/consultants

dangerous goods consultants

relevant local council

Victorian Fire Services (either CFA or MFB,

depending on the area).

The brief should give clear direction for

consultants and designers on the expectations

of all stakeholders. This allows consultants

and designers to effectively prepare any

documentation that may be required. As the

regulations and community expectations

change over time, the level of documentation

dealing with risks will change. Undertaking a

briefing with consultants and ensuring that all

authorities are represented will ensure their

expectations can be met.

Consultation with Victorian Fire ServicesInvolving the Victorian Fire Services in the

stakeholder consultation process will aid the

development of a thorough/acceptable brief.

Having this support from the Victorian Fire

Services will increase the likelihood of approval

for the alternative solution. This, in turn, will lead

to the registration being granted in a timely

manner by the local council.

If the Victorian Fire Services are not consulted

during the briefing process, it is likely that the

outcomes of any consultant’s reports or future

designs may not meet the objectives and

expectations of Victorian Fire Services objectives

and expectations. In these instances design team

stakeholders will be informed that the Victorian

Fire Services are unable to endorse the

fire safety alternative solution final report.

The process – understanding fire

brigade intervention

When developing an alternative fire safety

solution, it is important to understand what is

involved in a fire brigade intervention. Caravan

park owners need to understand the time it may

take for a fire brigade to respond and what the

fire brigade will do upon arrival. It is important

that caravan park owners understand the effect

that an alternative design has on the fire brigade

intervention process, such as the need to use

street hydrants to provide full coverage to the

caravan park.

What is fire brigade intervention?Fire brigade intervention encompasses all fire

brigade activities, from the time of notification

up to fire extinguishment and overhaul.

Figure 4 (following) provides a graphical

interpretation of fire brigade intervention

and fire brigade operations as defined by the

Australasian Fire Authorities Council (AFAC).

Caravan park owners are not expected to carry

out an assessment of fire brigade intervention.

However, they must understand fire brigade

intervention when designing alternative solutions.


G U I D E L I N E 2 0 1 2


Alternative solution process:

Fire brigade intervention

The Regulations specify that the caravan park owner is responsible for meeting the performance

requirements, including ensuring that their park design provides reasonable opportunity for

firefighting within the park.

Figure 4 – Fire brigade intervention

Fire

initiation

Detector

operation

Sprinkler

operation

Telephone/

other type

call out

Notification Response Kerb sIde

Fire Brigade Intervention

Fire Brigade Operations

AFAC Fire Brigade Intervention Model

Set-up

Search & rescue

Fire attack

Containment

& control

Extinguishment

Overhaul


G U I D E L I N E 2 0 1 2



Fire brigade intervention

Fire brigade intervention modelThe Victorian Fire Services support the use of

the AFAC Fire Brigade Intervention Model. The

model is an engineering tool that can be utilised

to address the fire performance requirements of

the guideline where fire brigade intervention is a

consideration. The tool can be utilised by caravan

park owners and their consultants to determine

the time required for the attending fire brigades to

complete tasks commencing from fire notification

through to fire control and extinguishment.

Caravan park owners should consult Victorian

Fire Services to determine the extent of fire

brigade intervention required.

Through meetings and/or inspections, Victorian

Fire Services will ensure that proposed

alternative solutions meet the Performance

Measures and that they are mutually acceptable

to park owners and fire services.

Using the modelCaravan park owners can use this model to

understand the implications of fire brigade

intervention and demonstrate compliance

with PM3. Caravan park owners suggesting

an alternative solution must consider the time

required for fire brigade intervention. This

time may greatly affected how many structures

are affected by a spreading fire, as well as the

potential for loss of life. In particular, caravan park

owners who are relying on fire brigade response

in their alternative solution must consider this

aspect carefully.


G U I D E L I N E 2 0 1 2



Assessment of fire brigade

intervention

The final fire safety report should be a full

assessment of fire brigade intervention. It is

insufficient for the report to simply acknowledge

the location of fire stations and indicate a 90

percentile kerbside arrival time. The final report

should conclusively demonstrate that firefighters

will be given a reasonable period of time to enter

a caravan park/building to conduct occupant

search and rescue activities.

Documenting the process

All stages of the alternative solution process

should be documented. This includes the

initial brief, analysis and evaluation, and

any amendments decided upon to address

deficiencies with the original proposed solution.

These records will contribute to the final report,

which is presented to Victorian Fire Services

and the local council for the caravan park to be

approved for registration.

Who can provide professional

advice?

There are a number of industry professionals

who can provide advice on meeting the caravan

park guidelines. These include architects, building

designers, services designers and engineers.

With the Regulations referring to documents

such as the National Construction Code it opens

new and additional professionals to the design

of caravan parks who traditionally may not have

been involved, such as building surveyors and

building inspectors.

As the caravan park industry changes and

evolves and the community expectation of

life safety changes, it will become increasingly

important for caravan park owners and managers

to have knowledge and understanding of all

of the legislation and regulations that apply

to caravan parks. Therefore it is important that

park owners understand the type of consultants

they can engage and the knowledge that these

professionals can provide.


G U I D E L I N E 2 0 1 2



Professional advice

In Victoria, a Registered Building Practitioner may

be the best person to start with when seeking

the services of a consultant. Utilising a Registered

Building Practitioner will give caravan park owners

some comfort that the person they are seeking

advice from has been assessed and deemed

competent in the field that they are working.

Registered Building Practitioners are also required

to carry insurance. The Building Commission

can provide advice on practitioners, and caravan

park owners can search for a particular field of

expertise through the Building Commission

website buildingcommission.com.au

However, there is no regulatory requirement

to use consultants; caravan park owners can

prepare information themselves, showing that

the park meets the guideline.

Owners must ensure that any consultant they

engage holds insurance, whether related

to issues within this guideline, or for any other

advice sought.

The Victorian Fire Services are not consultants.

Whilst the fire services can provide advice

regarding Performance Measures and Prescriptive

Provisions, the fire services cannot design or

formulate alternative solutions for park owners.


G U I D E L I N E 2 0 1 2


Alternative solution process: Final report

Preparing the final report

When consulting Victorian Fire Services about the

alternative solution, caravan park owners must

prepare sufficient documentation to present to

the fire services for review. Victorian Fire Services

requires a minimum level of documentation in

order to carry out an evaluation of the alternative

solution. This documentation should be compiled

throughout the alternative solution process,

starting with the brief and include analysis,

evaluation and conclusions.

Report structure

Consultant report Executive summary

Scope of the report

Details of the briefing. This section should

contain the basic information of the briefing

process and use the following section

headings as appropriate:

Relevant stakeholders

Principal park characteristics

Dominant occupant characteristics

General objectives (contained within the

caravan park guidelines)

Hazards and preventative and protective

measures available

Method of analysis/justification

Acceptance criteria and factors of safety

Fire scenarios and parameters for

alternative designs

Potential fire scenarios

Standard of construction, commission and

management in use and maintenance.


G U I D E L I N E 2 0 1 2


Alternative solution process: Fire safety report

Analysis should include:

analysis of the strategy;

any calculations; and

any results obtained.

Evaluation of results

This should be included if any engineering

expert judgement has been used, along

with its justification.

Conclusions should include:

a statement by the report writer that the

proposal complies with the Performance

Measures of the guideline;

any limitations on the proposal or design;

any construction requirements to ensure

that the fire safety system is properly

accomplished;

any commissioning requirements; and

any procedures or processes that are to

be adhered to during the management

and use of the caravan park.

References

Australian Standards, Industry Technical

Documentation etc.

Drawings and technical data, including:

water authority test data confirming

available water supply (this is particularly

important for designs that propose the

use of firefighting equipment);

architectural drawings showing the park

layout and location of any Victorian Fire

Services;

scale drawings showing hydrant

locations and coverage from those

hydrants, including measurements

showing any shortfalls identified;

location of emergency vehicle access

points and accessibility to firefighting

equipment; and

hydraulic design calculations for any

firefighting equipment to be used by

the fire brigade, confirming the expected

performance.

Consultant Curriculum Vitae

Any third party peer-review report.

G U I D E L I N E 2 0 1 2


25

Objectives

These objectives meet minimum community expectations. If these six

objectives are adequately addressed, the fire safety of the site will meet the

requirements of Victorian Fire Services. Compliance with these objectives must

be demonstrated by meeting the Performance Measures. This can be meeting

the Prescriptive Provisions, proposing an alternative solution that meets the

Performance Measures or a combination of both.

Objectives

O1 Provision and

maintenance of access

Adequate access must be provided and

maintained within caravan parks to the

degree necessary for:

a. firefighters, between and around any

structure; and

b. fire vehicles, including pumpers and

tankers.

O2 Prevention of fire spread

Adequate separation distance must be

provided and maintained between and

around any structure to prevent fire spread

so that:

a. occupants can safely evacuate; and

b. the potential for fire spread to multiple

structures is reduced.

G U I D E L I N E 2 0 1 2


26

Objectives

Objectives

Note: Compliance with legislative requirements

must be achieved regardless of whether

Performance Measures or Prescriptive Provisions

are used.

O5 Development and

implementation

of emergency

management plans

Site-specific emergency management plans

must be developed and maintained to

reflect the assessed risk.

O6 Compliance with

legislative requirements

The relevant legislative requirements, as

amended from time to time, must be met.

O4 Identification and

management of fire

hazards

Potential fire hazards must be identified,

minimised and maintained safely.

O3 Provision and

maintenance of

firefighting equipment

Appropriate firefighting equipment must

be provided and maintained to enable:

a. occupants to undertake an initial fire

attack; and

b. the fire service to fight the fire as

necessary.

G U I D E L I N E 2 0 1 2


27Performance Measures


Demonstrating compliance either by using the Prescriptive Provisions or

formulating an alternative solution with the following Performance Measures

will ensure that the guideline Objectives are met.

Access for firefighters must be provided and maintained to ensure that

they are able to:

a. travel externally and directly in pairs to the front and rear of a structure

in full structural personal protective clothing (PPC), including breathing

apparatus; and

b. travel unobstructed on a suitably trafficable surface; and

c. undertake firefighting activities as required.

Access for fire vehicles must be provided and maintained to enable:

a. access for firefighting vehicles as required; and

b. firefighting operations to be conducted within any part of the caravan

park from the fire appliance as necessary.

All structures must be sited and clearances maintained to ensure that the

likelihood of fire spread between structures is reduced appropriate to:

PM1 Firefighter access

PM2 Fire vehicle access

PM3 Fire separation

a. potential fire intensity;

b. potential flame contact;

c. potential radiation;

d. the distance between structures;

e. fire service intervention; and

All structures must be sited to

ensure that occupants can safely

evacuate to a designated assembly

area in an emergency.

G U I D E L I N E 2 0 1 2




Fire equipment must be provided and maintained appropriate to the

identified risks.

Fire equipment must be provided and maintained:

a. in locations accessible to all caravan park occupants; and

b. with appropriate signage.

A water supply must be provided and maintained for use by the relevant

fire service appropriate to:

a. the likely fire services response; and

b. the identified risks and hazards.

Fire hydrants must be provided and maintained where reticulated water

supply is available:

a. at operable locations acceptable to the relevant fire service; and

b. with appropriate signage or markers.

If reticulated water supply is unavailable, static water supply for fire service

use must be provided and maintained:

a. with quantities appropriate to the identified risks and hazards;

b. with fittings appropriate to the relevant fire service;

c. in operable locations acceptable to the relevant fire services; and

d. with appropriate signage and markers.

LP Gas storage within caravan parks must be monitored and maintained

appropriate to:

PM4 Fire equipment

PM5 Fire authority equipment

PM6 LP Gas

a. storage size;

b. storage location;

c. storage type; and

d. use.

G U I D E L I N E 2 0 1 2




Electrical safety must be implemented and maintained within all caravan

parks and structures.

Flammable liquids within caravan parks must be monitored and

maintained appropriate to:

a. storage size;

b. storage location;

c. storage type; and

d. use.

An emergency management plan must be developed appropriate to:

PM7 Electrical safety

PM8 Flammable liquids

PM9 Emergency management plan

a. caravan park size and

characteristics;

b. number of staff and occupants;

c. available emergency services;

d. identified fire risks and hazards

(including bushfire); and

e. available egress from the site.

The emergency management plan

must be displayed in an area that is

easily accessible by the fire services.

G U I D E L I N E 2 0 1 2


30Prescriptive Provisions


Compliance with the following Prescriptive Provisions will ensure that the

Performance Measures are met automatically and the guideline Objectives

are met.

FIREFIGHTER ACCESS

FIRE SEPARATION

PP1

Firefighter access and fire separation

The minimum width required for firefighter access and fire separation must be provided

between and around each structure in the caravan park in accordance with the following

requirements as illustrated in Figure 5 below.

Firefighter access must be:

a. 1200mm in width and unobstructed at all

times. (It is preferred that the firefighter

access width is centrally located, but this is

not essential); and

b. provided with a surface that is suitably

trafficable (see Figure 5, previous page).

Fire separation must be 2000mm in width,

measured between the external walls of

associated structures.

A minimum height of 2100mm must be

maintained throughout the required fire

separation width.

Vegetation and storage between and

around structures that may contribute to fire

spread should be reduced and maintained

appropriately.

Figures 6 to 12 (following) provide examples

of acceptable firefighter access and fire

separation provisions.

Figure 5 – Firefighter access and fire separation

1200mm Unobstructed

FIREFIGHTER ACCESS

Fire Separation 2000mm

G U I D E L I N E 2 0 1 2




1200mm

2000mm

2100

mm

Powe

r Pole

Figure 6 – Caravan to caravan fire separation

Figure 7 – Movable Dwelling to Movable Dwelling

FIREFIGHTER ACCESS

FIRE SEPARATION

G U I D E L I N E 2 0 1 2




Figure 8 – Caravan anexe to caravan anexe fire separation

Figure 9 – Solid fly to solid fly fire separation

Figure 10 – Movable dwelling to carport movable dwelling fire separation

Note: This configuration will only meet the Prescriptive Provisions if the carport is open on

three sides and is not fitted with a roller door or any partitions.

Carports with roller doors, partitions etc., must be a minimum of 2000mm from the external

wall of the adjoining structure.

FIREFIGHTER ACCESS

FIRE SEPARATION

G U I D E L I N E 2 0 1 2




Figure 11 – Tent to tent fire separation

Figure 12 – Plan view of required firefighter access and fire separation distances

Note: To meet Prescriptive Provisions, these access and separation distances are required

between tent sites, not necessarily between individual tents.

FIREFIGHTER ACCESS

FIRE SEPARATION

G U I D E L I N E 2 0 1 2




Rationale – Firefighter access and fire separation

The Regulations specify that firefighter access is required to be provided. Additionally,

Victorian Fire Services consider that fire separation is required to achieve an appropriate

level of fire safety. Fire service research shows that 1200mm width is required for firefighters

to operate effectively. This width is required to allow firefighter manoeuvrability and tasks

including patient rescue, and the use of ladders and fully charged hoses.

Caravan parks often have a number of movable dwellings and other permanent structures.

Increasingly, there is a trend for movable dwellings to become more home-like, with

occupants staying long-term or becoming permanent residents at the caravan park.

This can mean that people are living in close proximity to neighbours with a risk of fire

spreading to their home.

One of the key elements of Building Regulations in Victoria is to protect a dwelling from

fire spread and avoid the spread of fire between dwellings. Movable dwellings, caravans

and tents should be treated no differently. Therefore, the fire separation principles in

this guideline are based on the Building Regulations and Building Code of Australia for

class 1a single dwellings, which allows for the combustibility of typical structures found

in caravan parks.

FIRE VEHICLE ACCESS

PP2 Fire vehicle access

Fire vehicle access (in accordance with

regulation 21) must be provided within

a caravan park as follows:

a. Curves in a driveway must have a

minimum inner radius of 10 metres

(refer Figure 13 below).

Figure 13 –

Driveway radius

FIREFIGHTER ACCESS

FIRE SEPARATION

G U I D E L I N E 2 0 1 2





b. The average grade on roads within the caravan park must be no more than 1 in 7 (14.4%)

(8.1 degrees) with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no more than

50 metres (refer Figure 14 below).

Figure 14 – Gradient


c. Dips must have no more than 1 in 8 (2.5%) (7.1 degrees) entry and exit angle

(refer Figure 15 below).

Figure 15 – Dips

FIRE VEHICLE ACCESS

G U I D E L I N E 2 0 1 2





The access road must:

d. be designed, constructed and maintained

for a load limit of at least 15 tonnes and be

of all-weather construction and;

i. provide a minimum trafficable width of

4 metres and be clear of encroachments

4 metres vertically (refer Figure 16, below);

ii. if the access road is longer than 100

metres from the nearest intersection,

it must have a turning circle with a

minimum radius of 10 metres; or

a “T” or “Y” head with a minimum formed

surface of each leg being 8 metres

in length, measured from the centre

point of the head and 4 metres

trafficable width (refer Figure 17);

iii. if the length of the access road is

greater than 200 metres, passing bays

must be provided. Passing bays must

be 20 metres long and be provided

every 200 metres with a trafficable

width of 6 metres (refer Figure 18

following).

Figure 16 – Trafficable width and height


Figure 17 – Access/turning circle

FIRE VEHICLE ACCESS

G U I D E L I N E 2 0 1 2





To the degree necessary, site plans must be

provided at every vehicle entrance point to

the caravan park and:

a. be legible at all times; and

b. include:

i. road network and road names;

ii. site layout and numbering;

iii. water supply and hydrant locations; and

Road signs must be provided.

Figure 18 – Access road length/passing bays

Rationale – Fire vehicle access

Steep slopes and severe short dips affect the free movement of fire trucks and limit

operational capabilities. Roads must be trafficable in all weather conditions and should be

constructed to suit a 15-tonne Gross Vehicle Mass (GVM). Although most fire trucks weigh

less than 13 tonnes, future trucks and some current vehicles weigh more than this.

It is dangerous for emergency services vehicles to reverse along roads for excessive

distances, especially in an emergency situation. Access roads must incorporate the ability

for fire trucks to execute a three-point turn safely and permit other emergency services

vehicles to pass.

Firefighters arriving at a caravan park are often faced with a difficult task of navigating

vehicles efficiently to an emergency. Factors include caravan park size, complexity of

roads and lack of verifiable information from the caller. Adequate on-site information

can overcome this.

FIRE VEHICLE ACCESS

G U I D E L I N E 2 0 1 2




OCCUPANT FIRE EQUIPMENT

PP3 Occupant fire equipment

Each residential structure (excluding tents)

within the caravan park must be provided with:

a. portable fire extinguishers, selected and

installed in accordance with AS 2444

(including signage), maintained to the

appropriate standard and fit for purpose;

b. fire blankets selected and installed in

accordance with AS 2444 (including

signage), maintained to the appropriate

standard and fit for purpose; and

c. smoke alarms complying with AS 3786

(these may be battery operated or

hardwired), maintained to the appropriate

standard and fit for purpose.

It is acknowledged that caravan park owners

may be unable to demonstrate compliance

with Prescriptive Provision PP3 in relation

to privately owned caravans. However, private

caravan owners should be encouraged to

comply with this provision.

Each site must be provided with full coverage

from 36 metre-long fire hose reels (when

fully extended and laid to avoid any physical

barriers). Fire hose reels are to be installed

in accordance with AS 2441 as if they were

being installed to a building, be maintained

to the appropriate standard and be fit for

purpose (refer Figure 19 following). All fire

hose reels must be provided with protection

from the weather.

In areas where reticulated water supply is

not available, static water supply may be

considered to serve fire hose reel systems.

Connection to the static water supply may

be provided for the fire service.

Figure 19 – Fire hose reel (FHR) coverage

G U I D E L I N E 2 0 1 2





A reticulated fire hydrant system is to be

provided within the caravan park:

a. so that 120 metres of hose, laid to avoid all

permanent obstructions and anticipated

vehicular obstructions, will provide

coverage to every site and structure (refer

Figure 20); and

b. to meet the water performance, pipe size

and fitting requirements of AS 2419.1 as

if they were being installed to protect a

building, to the satisfaction of Victorian

Fire Services; and

c. with external hydrants pursuant to section

3.2.2.2 of AS 2419.1 (refer Figure 20).

Rationale – Occupant fire equipment

Occupants must be notified of a fire as soon as possible and provided with the opportunity

to extinguish it or reduce fire spread prior to the arrival of fire services. Occupant fire

equipment must be reliable and effective. Fire service response times in regional areas are

increased as a result of distance and resources, therefore occupant intervention may be

critical in reducing the size and impact of fire.

FIRE AUTHORITY EQUIPMENT

Figure 20 – Reticulated fire hydrant coverage

OCCUPANT FIRE EQUIPMENT

G U I D E L I N E 2 0 1 2





If a reticulated fire hydrant system is not

provided, a static water supply must be

provided to the caravan park:

a. with a maintained minimum water supply

of 45,000 litres exclusively for firefighting

use; and

b. meet the water performance, pipe size,

tank construction and fitting requirements

of AS 2419.1 as if it was being installed to

protect a building, to the satisfaction of

Victorian Fire Services; and

c. located so that every site and structure

is within reach of 60 metres of hose laid

from the tank or 120 metres of hose laid

from a hydrant on a reticulated system

connected to the tank, avoiding all

permanent obstructions and anticipated

vehicular obstructions; and

d. with tanks located within 4 metres

of hardstand to allow fire vehicles to

connect to the static water supply to the

satisfaction of fire services.

(Note: Larger caravan parks may be required

to provide multiple static water supply tanks

to achieve coverage (refer Figures 22 and 23).


Figure 21 – External fire hydrant pursuant to AS 2419.1


G U I D E L I N E 2 0 1 2





Figure 23 – Static water storage coverage, with reticulation

Figure 22 – Static water storage coverage, no reticulation

Rationale – Fire authority equipment

Fire hydrants are the most effective means of supplying the high volumes of water required

by fire brigades. Although responding brigades may include tankers, the amount of water

they carry may be insufficient to control or extinguish a fire.

Where reticulated water supply is not available, fire brigades may use on-site stored water.

The Prescriptive Provision assumes that 45,000 litres is sufficient to contain a maximum of four

caravans/movable dwellings. It also assumes that there will only be one incident at a time.

The hose lengths are determined by operational capacity. Longer lengths create difficulties

with set-up time and manoeuvrability and also reduce hydraulic performance.


G U I D E L I N E 2 0 1 2




LP GAS where nearby constructions, fences, walls

or vapour barriers could prevent cross-

ventilation;

under a building, except where permitted

by AS 1596;

where the cylinder, or an incident

involving the cylinder and its contents,

could obstruct egress from a building; and

buried in the ground, unless the cylinder

and gas installation have been specifically

designed for such a location.

For acceptable locations for the installation

of LP Gas cylinders and the appropriate

dimensions required from dwelling features

such as door, vents and openable windows,

refer Figure 24 from AS 1596–2008.

Note: The Victorian Fire Services do not

regulate gas safety. The fire services support the

requirements of Energy Safe Victoria, as well as

the Australian Standards, as part of a holistic fire

safety approach.

150mm*

* This distance is measured from the top of any cylinder valve

Openablewindow

Air ventor opening

Door

Pit or drain

1000mm

1000mm

1000mm

Figure 24 – Acceptable locations for

the installation of LP Gas cylinders

PP5 LP Gas

LP Gas storage and use within caravan

parks must be in accordance with AS1596,

AS5601 and Dangerous Goods (Storage and

Handling) Regulations 2000. Information in

this regard may be sought from WorkSafe.

Movable dwellings must comply with AS 5601

Appendix J, as appropriate.

Caravan park owners should ensure that any

LP Gas cylinders that are used within the park

comply with regulations and are inspected

regularly. Owners of movable dwellings should

also ensure that their LPG cylinders are stored

in the correct location and secured in such a

way that prevents movement.

Clause 4.5.4 of AS 1596–2008 requires that

LP Gas cylinders be secured to prevent

movement or physical damage. Valves shall

be safeguarded against physical damage in

accordance with AS 2473.

Clause 4.4.3 of AS 1596–2008 also sets out

the prohibited locations of LP Gas bottles

and includes:

within a building, except where

permitted by AS 1596;

under a stairway;

in a location with restricted access,

where inspection, refilling or exchange

of the cylinder is restricted, obscured

or hazardous to the operator;

G U I D E L I N E 2 0 1 2




Restriction on ignition sourcesAs gas bottles are fitted with pressure

relief devices and vent discharging pipes,

it is important that caravan park owners

understand how these operate and the

direction that the gas bottle may vent.

AS 1596–2008 also makes reference to

hazardous areas around gas bottles. Caravan

park owners must ensure that sources of

ignition are not permitted within a hazardous

area. (Refer Figure 25 from AS 1596–2008)

Figure 25 – Hazardous areas around gas bottles

* This dimension is measured from the top of any cylinder valve

Ground level

*0.5

0.5

1.5

Zone 2

Ignition sourceAn ignition source as defined in AS 1596–2008

as:

“a source of energy sufficient to ignite a

flammable atmosphere, including naked flames,

smoking, exposed incandescent material,

electrical welding arcs, static electricity and

electrical or mechanical equipment not suitable

for use in the particular hazardous zone”.

Caravan park or dwelling owners with service

equipment such as hot water units, gas or

electric, air conditioning units/condensers,

or other spark or piloted equipment should

ensure that this equipment is not located

within this zone.

Caravan park or dwelling owners who require

further information regarding gas safety

within a caravan park should contact Energy

Safe Victoria.

Caravan parks that store and handle

quantities of dangerous goods that exceed

those listed under “Manifest Quantity” or

“Fire Protection Quantity” in Schedule 2 of

the Dangerous Goods (Storage and Handling)

Regulations 2000, are required to seek specific

advice from Victorian Fire Services. Both the

CFA and MFB have a Dangerous Goods Unit.

Advice from the fire services may require the

implementation of measures that exceed

those referenced by this guideline in relation

to fire safety equipment. This requirement

generally applies to the storage of LP Gas

in excess of 5,000 litres.

Rationale – LP Gas

LP Gas is a highly volatile liquid and must be stored/ used appropriately. LP Gas is

commonly used in caravan parks and may be stored remotely in large quantities (tank)

or smaller cylinders immediately adjacent to accommodation structures. Type, location

and orientation of use must therefore be determined to reduce the risk of associated fires.

LP GAS

G U I D E L I N E 2 0 1 2




PP6 Electrical safety

Electrical safety should be promoted

in accordance with AS/NZS 3000 and

AS/NZS 3001. AS 3001 is a specific standard

for electrical installations in transportable

structures (e.g. caravans) and vehicles. This

standard also applies to site electrical supplies.

The following guidelines should be followed:

a. powerlines must be kept clear of

vegetation and other obstructions;

b. external power supply between the

source and structures within the caravan

park must be insulated and not contain

any connections exposed to the weather;

c. supply leads must be arranged so that

they will not obstruct persons walking

in the vicinity of any movable dwelling

and are located so as to provide suitable

protection against mechanical damage,

damage by high temperatures or ultra-

violet radiation;

d. each site should have its own individual

power source;

e. each movable dwelling should have its own

residual current device when the movable

dwelling is connected to mains power;

f. the use of multiple power boards and double

adaptors should be discouraged; and

g. extension leads for connection between

the external power source and the

structure should be tested and tagged in

accordance with AS/NZS 3760.

Where a supply lead is buried and in an area

subject to pegs or anchor stakes that exceed

400mm in length, the supply lead shall be

located at a depth of not less than 1 metre or

have a continuous pour of concrete placed

not more than 75mm above the wiring

system. The concrete should have a thickness

of at least 100mm and a minimum width of

150mm, overlapping the wiring system by at

least 40mm on each side. Alternatively, the

buried supply lead should have an equivalent

level of mechanical protection.

Note: The Victorian Fire Services do not regulate

electrical safety. The fire services support the

requirements of Energy Safe Victoria, as well as

the Australian Standards, as part of a holistic fire

safety approach.

ELECTRICAL SAFETY

Rationale – Electrical safety

Electricity is a major cause of fires worldwide. Electrical fires commonly start due to the

overloading of the power supply by using multiple power boards and/or double adaptors.

Fires can also start by powerlines touching each other as a result of falling trees or branches.

Insulation of power supplies is critical to prevent short-circuiting and electrocution.

Overloading power sources can easily cause ignition and contribute to fire starts.

G U I D E L I N E 2 0 1 2




Information that the caravan

park owner can provide an

occupier

Extract from AS 3001–2008, Appendix B –

Provisions of instruction for caravan park patrons:

It is recommended that the caravan park or

camping area operators provide all site occupiers

intending to connect their transportable

structures to the site supply by means of a

detachable connection with an instruction

notice that conveys the following information:

Only one supply lead shall be connected to each

socket-outlet of the site supply.

Any supply lead used to connect a transportable

structure to a site supply socket-outlet should be

in one unbroken length.

The supply of electricity for use in individual

transportable structures or vehicles should not

be obtained from a socket-outlet inside another

transportable structure or vehicle or by the use of

socket-outlet adaptors (double adaptors).

Where a supply lead is coiled on or in a reel,

drum, storage box or similar, the lead should

not be connected to the site supply while coiled.

Electrical installations in transportable structures

should be inspected regularly (e.g. annually),

by a qualified person to ensure their safe and

effective operation.

Residual Current Devices (RCD) used for the

protection of transportable structures should

be tested by operating the push button on the

RCD to check that the device trips. After tripping,

the RCD should be reset. If the RCD fails to trip,

this failure should be reported to the caravan

park manager.

If supply to a site is lost, the device requiring

resetting might be located within the premises

or at the service pillar.

Although this information is provided within

AS 3001–2008 as “informative” and therefore

does not form part of complying with the

standard, it provides good information

that the park owner/manager can use in

managing the risks associated with electricity.

Caravan park and dwelling owners who

require further information regarding

electrical safety within a caravan park should

contact Energy Safe Victoria.

ELECTRICAL SAFETY

G U I D E L I N E 2 0 1 2




PP7 Flammable liquids

Storage and use of flammable liquids within

caravan parks must be in accordance with

Dangerous Goods (Storage and Handling)

Regulations 2000 and AS 1940. Guidance

should be sought from WorkSafe.

Caravan parks that store and handle

quantities of dangerous goods that exceed

those listed under “Manifest Quantity” or

“Fire Protection Quantity” in Schedule 2 of

the Dangerous Goods (Storage and Handling)

Regulations 2000 are required to seek specific

advice from fire services. This advice may

require the implementation of measures that

exceed those referenced by this guideline

in relation to fire safety equipment. This

requirement generally applies to the storage

of flammable liquids in excess of 2,500 litres.

FLAMMABLE LIQUIDS

Rationale – Flammable liquids

Flammable liquids are highly volatile and must be stored and used appropriately.

Flammable liquids storage areas should be at least 3 metres away from any dwellings and

positioned to prevent a further hazard. Vapours from fuel such as petrol and kerosene are

heavier than air and will therefore settle in low spots such as drains. Caravan park facilities

should also be equipped with a means of handling small spills with a non-leaching,

biodegradable oil and chemical absorbent.

G U I D E L I N E 2 0 1 2




EMERGENCY MANAGEMENT PLAN

Rationale – Emergency Management plans

An emergency management plan is an essential part of fire safety in any facility containing

multiple, unrelated occupants. Emergency situations are always time-critical and efficient

actions provide positive results. However, emergency management plans must be site-specific.

Bushfire risks in caravan parks are obviously increased in regional areas and emergency

management plans must take account of this.

The extent of bushfire risk is subject to a number of variables. These include surrounding

vegetation, topography, location in relation to manageable land and site boundaries, site

access and brigade resources.

Sound emergency management plans must assess all risks associated with the caravan

park. Risks associated with the storage and handling of dangerous goods should also be

accounted for appropriately by emergency management plans.

PP8 Emergency management

plan

Pursuant to regulation 22 of the Residential

Tenancies (Caravan Parks and Movable

Dwellings Registration and Standards)

Regulations 2010, emergency management

plans must be developed for each caravan

park. Emergency management plans should

be developed in accordance with AS 3745

and AS/NZS 4360.

AS 1596 and AS 1940 also have a requirement

for the provision of emergency management

plans as does the Dangerous Goods (Storage

and Handling) Regulations 2000 where the

storage thresholds are met. These standards

and regulations impose greater information

and consideration than that required by

AS 3745. Therefore each caravan park should

investigate whether or not any additional

obligations exist under AS 1596, AS 1940

or Dangerous Goods (Storage and Handling)

Regulations 2000.

Emergency management plans must be

prepared in consultation with the relevant

emergency services. Caravan park owners

will need to engage all the relevant services.

The emergency management plan must

be located in a prominent position that is

acceptable to all of the emergency services,

but will generally be the park main office.

Each of the emergency services, including

the Victorian Fire Services, can provide

assistance in the development of appropriate

emergency management plans.

Display of emergency warningsRegulation 24 requires a caravan park owner

to display a copy of any public emergency

warnings on any day that the warning is

current. It must be displayed in a prominent

position in:

the caravan park office;

every building in the caravan park that

contains communal facilities; and

any other place determined by

the council.

On receiving an emergency warning for

example, “Code Red” for bushfires, the caravan

park owner must implement the relevant

emergency procedures in accordance with

the emergency management plan.

G U I D E L I N E 2 0 1 2


48Other guidance information

Other guidance information

Provisions for maintenance

Maintenance is essential to ensure that fire prevention and safety equipment,

access and separation will perform at the same level of operation that existed

at the time of installation and/or commissioning.

Throughout the Regulations and this

guideline the provision of maintenance is

included and must be undertaken to meet

the Performance Measures and comply with

the Regulations.

Regulations 20 and 21 require that the

provision of fire prevention and safety

equipment and access and separation

are provided and maintained.

Division 4 of the Regulations (Regulations

43–46) generally require that movable

dwellings are maintained:

in working order;

in a good state of repair; and

in a clean, sanitary and hygienic condition.

Regulation 46 also requires park owners and

the short-term occupier to keep the site clean

and free of any thing or substance that may

affect the health and safety of other persons.

Rationale – Maintenance

Reasons for ensuring maintenance of various fire safety equipment could be general wear

and tear, reliability of a system operating and any faults after commissioning of a system.

Fire prevention and safety systems need to be maintained at a level of performance

specified, usually by an Australian Standard, through periodical inspections and checks

or other specified method. Records of the maintenance inspections and checks providing

proof of maintenance should also be kept.

Where fire safety systems are not maintained the risk to the park owner increases. For

example if the fire services cannot find the hydrant because the garden bed is overgrown

or location signage is missing, valuable time is lost trying to locate the hydrant, increasing

the risk of fire spread.

G U I D E L I N E 2 0 1 2




The type and frequency of maintenance

of fire safety equipment is dependent on

the complexity of the equipment and the

experience of the person carrying out

the inspection. Where appropriate, some

equipment may be maintained by the owner.

More complex systems, such as hydrants and

hose reels, will need to be serviced by a

service installer, maintenance contractor

or internal maintenance personnel.

Where the owner appoints a person to

undertake the maintenance they must ensure

Generally, the nature and frequency of

maintenance is not prescribed within this

guideline or the Regulations because it

will vary greatly depending on the type of

equipment, its age and the conditions under

which it operates.

However, advice may be sought from the

Victorian Fire Services or other suitably

qualified person, such as building surveyors

(private or municipal), services engineers

that the person is appropriately qualified and

competent to undertake the work.

Therefore, only a qualified and licensed person

can undertake such work. Where other tasks

can be carried out by a ‘competent person’

who does not have formal qualifications, such

a person must still be able to demonstrate

they have the necessary training, qualification

or experience, (or a combination of them), to

carry out the inspecting and testing task in a

competent manner.

or maintenance firms on maintaining fire

safety systems within the park. Generally

this advice will be based on documentation

such as AS 1851 as published from time to

time. Park owners should also list the items

that are required to have regular ongoing

maintenance. In preparing the list, park

owners should seek advice about the level

and frequency of maintenance required from

the maintenance personnel listed above.

Rationale – Maintenance personnel

A competent person is a person who has acquired – through training, qualification or

experience (or a combination of them) – the knowledge and skills enabling the person

to perform the task correctly. In the context of this guideline, that person would need to

be competent in inspecting and testing fire safety systems. Whoever is responsible for

ensuring a particular task is carried out must determine that the person engaged to carry

out that task is competent to do so.

In determining a person’s competency, due consideration must be given to their

qualifications, the training they have received relevant to the task at hand, and their

previous experience in doing similar tasks. Some tasks – for example electrical or plumbing

installation, inspection and testing – will require a particular competence, such as a formal

qualification and/or licence.

G U I D E L I N E 2 0 1 2



Other guidance information:

Maintenance and inspection records

Specific advice on smoke alarms

(Regulations 43 and 45)

Smoke alarms in movable dwellings should

be tested by the park owner at the change

of each occupier. Any owner of a movable

dwelling within a caravan park must also

ensure that the smoke alarms are in working

order if they hire out the movable dwelling

to a short-term occupier.

Maintenance and inspection

records

Although the Regulations do not specify any

level of documentation to be kept by the

owner, the Victorian Fire Services recommend

that records of maintenance should be

completed. As a minimum, hard copy of

records of maintenance can then be made

available to organisations such as Victorian

Fire Services, local councils and insurance

surveyors when requested.

Any maintenance records should contain the

following information:

record reference;

name and address of caravan park;

date of maintenance/inspection;

system or equipment identification

and location (possibly a location plan);

frequency of maintenance activity

undertaken;

defects identified;

name of property owner or the agent;

name and signature of the service person;

and

date the record was completed.

Maintenance records may be electronically

based or in the form of log books. Hard copy

records may be prepared utilising electronic

recording systems, which are designed to

deliver an accurate, accountable, consistent

and timely level of service.

Firefighter access and separation

Essential safety

measure to be

inspected or tested

Installation

standards/level

of performance

Nature of inspection

or test and frequency

of inspection or test

Firefighter access Caravan Park

Guidelines

Annual inspection to ensure that:

clearance and access has been

maintained

no storage of materials has

occurred within the fire

separation requirements.

G U I D E L I N E 2 0 1 2





Fire vehicle access and navigation

Essential safety

measure to be

inspected or tested

Installation

standards/level

of performance




Fire vehicle access Caravan Park

Guidelines


clearances and access is

maintained;

there is no obstruction; and

roadways are in good order.

Fire vehicle

navigation aids

Caravan Park

Guidelines

Annual inspection to ensure

that signage and other aids are in

approved locations and in good

working order.

Fire separation

Essential safety

measure to be

inspected or tested

Installation

standards/level

of performance




Fire separation Caravan Park

Guideline


separation has been maintained

as approved; and

no storage of materials has

occurred within the fire

separation requirements.

G U I D E L I N E 2 0 1 2





Firefighting equipment

Essential safety

measure to be

inspected or tested

Installation

standards/level

of performance




Fire extinguishers

(portable)

AS 2444

(as published at the

time of installation)

As per AS 1851 Maintenance of fire

protection systems and equipment

(as published at the time of

installation).

Fire blankets AS 2444






installation).

Fire hose reels AS 2441






installation).

Fire authority equipment

Essential safety

measure to be

inspected or tested

Installation

standards/level

of performance




Fire hydrants AS 2419






installation).

Static water storage Caravan Park

Guidelines, AS 2419






installation).

G U I D E L I N E 2 0 1 2


53Checklist

Checklist (page 1 of 3)

This checklist can be used by caravan park owners as a simple check to identify

any issues that they may need to address, such as through seeking further

advice. This checklist may help a park owner identify issues that may need

to be addressed through emergency management planning and a suitable

risk-treatment process.

The checklist is based on the Prescriptive Provisions. This list is indicative only.

Caravan park owners must read the guideline to make a reasonable judgment

regarding full compliance.

Provision for maintenance and access

Yes No Comments

Firefighter access – compliant access

provided?

Fire separation – compliant separation

provided?

Vegetation – managed between and around

structures?

Storage – managed between and around

structures?

Fire vehicle access – maintained and

trafficable?

Site plans – provided at all vehicle entries

show roads, hydrants and water supply?

Prevention of fire spread

Yes No Comments

Portable fire extinguishers – correct type

selected, installed?

Fire blankets – correct type selected and

installed?

Smoke alarms – installed?

Hose reels – installed 36m hose.

Do they provide coverage to all areas?

Prevention of fire spread checklist continued on next page

G U I D E L I N E 2 0 1 2


54Checklist


Prevention of fire spread continued

Yes No Comments

Provisions and maintenance

of firefighting equipment

Fire hydrant system – installed?

> Does it provide coverage to all areas?

> Do the hydrants meet the external

hydrant requirement?

> Does the system meet the water

performance requirements needed?

Static water supply – is it required if the

water performance cannot be met?

> Do the tanks have hardstand areas for

fire vehicles?

Identification and management of fire hazards

Yes No Comments

LP Gas – cylinders installed and secured

correctly?

> Are they vented away from the structure?

Electrical safety – is the external power

supply compliant?

> Are the supply leads arranged correctly?

> Are the leads used to connect to power

tagged?

> Are RCDs installed in structures?

> As the park owner do I provide

information about electrical safety

to park occupants?

Flammable liquids – do I have any fire

protection quantities or manifest quantities

of flammable liquids?

> Has any advice been sought from the

Victorian Fire Services about these

quantities?

> Are fuels stored in a manner as not to

cause a further hazard?

G U I D E L I N E 2 0 1 2


55Checklist


Development and implementation of emergency management plans

Yes No Comments

Emergency management plans: Is the EMP

displayed in the park? Where is it displayed?

> Has it been developed based on agreed

templates by emergency services?

> Does it address all of the issues

identified?

> Has it been supplied to local council?


Yes No Comments

Maintenance: Are the fire safety systems

being maintained on a regular basis?

> Are log books available as proof?

> Are smoke alarms regularly checked to

ensure operation?

Compliance with the legislative requirements

Yes No Comments

As a park owner have I met all of the

legislative requirements?

> Do I have a fire safety audit prepared by

the fire service?

> Do I have an updated emergency

management plan?

> Have I supplied these to local council as

part of my registration application?

> Am I meeting my registration

obligations?

> Am I maintaining my fire safety

equipment installed within the park?

G U I D E L I N E 2 0 1 2


56References

References

Country Fire Authority Act 1958

Dangerous Goods Storage and Handling

Regulations 2000

Department of Planning and Community

Development, Guide to Victoria’s Caravan Park

Regulations,

1 December 2010

Metropolitan Fire Brigades Act 1958

National Construction Code

Planning and Environment Act 1987

Residential Tenancies Act 1997

Residential Tenancies (Caravan Parks and

Movable Dwellings Registration and Standards)

Regulations 2010

Standards Australia, Australian Standard

AS 1596 The storage and handling of LP Gas


AS 1851 Maintenance of fire protection

systems and equipment


AS 1940 The storage and handling of

flammable and combustible liquids


AS 2419.1 Fire hydrant installations – system

design, installation and commissioning


AS 2441 Installation of fire hose reels


AS 2444 Portable fire extinguishers and fire

blankets – selection and location


AS 3001 Electrical installation – Transportable

structures and vehicles including their site

supplies


AS 3745 Emergency control organisation

and procedures for buildings, structures

and workplaces


AS 3786 Smoke alarms

Standards Australia, Australian and

New Zealand Standard AS/NZS 3000

Electrical installations (known as Australian/

New Zealand Wiring Rules)



Electrical installations – relocatable premises

(including caravans and tents) and their

site installations



In-service safety inspection and testing

of electrical equipment


New Zealand Standard AS/NZ S4360

Risk Management

Note: Some of these materials are available on

a subscription model. Some materials may be

available through your local council or library.

8.1 TALBOT CARAVAN PARK

Author: Chief Executive Officer


The Officer Presenting this report, having made enquiries with relevant members of staff reports that there are disclosable interests that need to be raised in relation to this report.

SUMMARY/PURPOSE

The purpose of this report is to inform Council of non-compliance issues at the Talbot Caravan Park and possible options for the future of the Caravan Park, which have been discussed with the operator of the Caravan Park, being Talbot Football Netball Club, and the permanent residents of the Caravan Park.

The report recommends broader consultation with the community on the future of the Caravan Park and a further report for decision to be presented to Council at the March Ordinary Meeting of Council.


Council is responsible for the registration of caravan parks under the Residential Tenancies Act 1997.

Council is the Department of Environment, Land, Water and Planning (DELWP) appointed land manager of the Crown Land portion of this facility.

Central Goldfields Shire Council’s Council Plan 2017-2021 (2018 Refresh) – Our Community

Outcome: A supported, cohesive community, living full and healthy life.

1.4 Objective: Provide leadership in municipal emergency and fire prevention planning and strengthen public safety





The Talbot Recreation Reserve is located at 34 Avoca Road, Talbot and is Crown Land reserved for Public Park and Recreation purposes by way of Gazette in 1874 and 1875. The Reserve area is identified as Crown Allotment 2A Section 26A, Township of Talbot and is contained in Volume 11806 Folio 664.

Council is the DELWP appointed land manager of the Crown Land portion of the facility and are therefore deemed managers of the land parcel. The Shire of Talbot and Clunes (as the appointed Committee of Management for the reserve) wrote to the TFNC in 1994 reaffirming

the terms of the TFNC occupation of the reserve, which referred to the upkeep and maintenance of the Sporting Facility, but made no reference to the operation of a caravan park.

The sporting facilities include the football clubrooms and pavilion, indoor sports stadium, netball courts and related outbuildings. The caravan park consists of approximately 14 powered sites, with 11 currently occupied by permanent tenants. The tenants pay $60 week. There are only a few casual users of the caravan park due to limited amenities and capacity.

The TFNC generate approximately $30,000 per annum from the caravan park. Limited investment has been made in the amenities or upgrades to the park from this revenue. No marketing or promotion has been undertaken to increase patronage at the park, with the TFNC noting that they don’t have the capacity to support increased usage by tourists.

The caravan park is registered under the Residential Tenancies Act 1997, with the last registration approved on 21 December 2018 for a period of two years to 31 December 2020. The registration was subject to a schedule of works to meet the recommendations outlined in the Country Fire Authority (CFA) Fire Safety Report.

The CFA Fire Safety Report was prepared pursuant to the Residential Tenancies (Caravan Parks and Moveable Dwellings Registration and Standards) Regulations 2010 – as amended November 2012) for the caravan park on 1 March 2017, for the purpose of enabling Council “deciding whether or not the caravan park is suitable for registration”. The report noted that the report was not intended to be used to automatically refuse registration, unless warranted, but to be used to “enable the park owner an opportunity over time to improve fire safety within the caravan park”.

An inspection of the caravan park on 23 May 2019 by Council’s Compliance Coordinator found that of the ten required improvements, the TFNC had completed one action satisfactorily; completed one action but not to the standard required, and had not commenced the other eight improvements.

The schedule of works recommended and included as part of the re-registration and current status are:

Develop and implement an Emergency Management Plan. Not undertaken

LP Gas secured and located in accordance with AS 1596-2008 Complete

Electrical safety works and plans Partially complete

Fire prevention works and plans Not undertaken

REPORT

As the caravan park is on Crown Land, the caravan park should be operated under an approved DELWP lease. This may require the lease opportunity to be publicly advertised by tender. The cost of running a tender process for the operation of the caravan park is approximately $20,000 to $30,000. Ministerial approval can be sought for direct negotiation of a lease, circumstances where this may be justified include where the current market rental value of a property is low relative to the cost of conducting a competitive process.

To overcome the safety issues at Talbot Caravan Park, there are two options:

1) Invest in the caravan park to bring it to a compliant standard

2) Not renew the registration of the caravan park in December 2020.

Option 1

Council has investigated the cost of implementing the schedule of works and has obtained quotes for design of fire prevention works, estimates of a compliant fire system, quotes for electrical safety works, and estimate of tree removal. The total cost of these works including project management and a 10% contingency is $117,000.

Additionally the reserve needs a power upgrade at a cost of between $80,000 and $100,000 to safely run the caravan park and the recreation facilities.

The total cost to bring the caravan park up to minimum compliance standard is estimated at between $197,000 and $217,000.

The TFNC have advised that they do not have the financial resources to upgrade the caravan park.

Camping and caravan grants are available through the Victorian State Government. The purpose of these grants is to provide affordable visitor accommodation and provide grants up to $200,000. Eligibility for this grant program is likely to be impacted by there not being a current occupancy agreement and that the caravan park is predominately a residential caravan park, with limited tourism appeal. It is expected that the fund will be strongly contested given that it is the first time this grant program has run for many years.

Upgrades to the caravan park to make it more suitable for tourists would require significant further investment including replacement of the amenities block, increase in the number of powered sites, signage, revegetation and landscaping. The current site on the recreation reserve is constrained with limited room for additional sites and amenities as shown in Attachment 1 Ariel image of the Talbot Recreation Reserve. Additionally these upgrades would cost between $300,000 and $500,000.

Option 2

If the schedule of works are not complete by 31 December 2020, Council could not re-register the caravan park and the TNFC would therefore need to close it. This would require the eleven permanent residents to find alternative accommodation and would also remove a key revenue stream for the TFNC.

If Council is unable to re-register the caravan park we would work in partnership with TNFC to assist them with the closure. This would include working with support agencies to facilitate re-housing of any of the permanent residents who require support and working with the TFNC toward a financial sustainable position without this source of revenue.

Council will ensure minimum safety stands are met during this process and is in the process of installing a temporary static water supply at the caravan park.


Council has met with representatives of the TFNC committee on a number of occasions to discuss the implementation of the schedule works and the future of the caravan park. It is clear through these discussions that complying with the schedule of works is beyond the financial and technical capacity of the committee.

A meeting with residents of the caravan park was held by senior Council staff on Thursday 5 December to advise them of the safety issues at the caravan park and the options being considered for the future of the caravan park. Further meetings will be held in January and as required to provide residents with any further information to assist with understanding the status of the Caravan Park, the responsibilities of the operator of the Caravan Park (TFNC) and the responsibilities of Council under the Residential Tenancies Act 1997 and any support available for relocation if required.

During recent Council consultation on the Economic Development and Tourism Strategy some members of the Talbot community identified that the caravan park was an important part of the town, and something that could be improved to provide additional economic benefit to the community. Council will engage with the broader community on the options being considered and the potential economic impact if the caravan park is closed.

Council has also consulted with DELWP in relation to crown land leases and use of crown land for caravan parks, and with DHHS and other service providers in regard support that can be provided to permanent residents.


Council does not receive rent for the use of the site as a caravan park, and all investment and costs in the powered sites and amenities have been incurred by the TFNC.

Council intends to install temporary fire safety measures at a cost of approximately $15,000.

RISK MANAGEMENT

The outstanding items on the schedule of works is an ongoing risk to the safety of the residents and casual users of the caravan park and the public.

Council intends to install temporary fire safety measures to mitigate the risk for the current fire season.

CONCLUSION

The Talbot Caravan Park requires investment of $197,000 to $217,000 to address minimum safety compliance. The current operators of the caravan park, the TFNC do not have the financial capacity to make this investment. Consultation with the TFNC, permanent residents of the caravan park and the Talbot community should be undertaken over the next few months, to consider the voluntary closure of the caravan park prior to the expiry of the registration on 31 December 2019.

ATTACHMENTS

1. Aerial image of the Talbot Recreation Reserve

RECOMMENDATION

That Council note

1) non-compliance issues at the Talbot Caravan Park, and undertake further consultation with the Caravan Park operator Talbot Football Netball Club, the permanent residents and the broader community on the future of the Talbot Caravan Park; and

2) that a further report will come to the March Ordinary Meeting of Council after consideration of the community consultation, providing a recommendation on the future of the Talbot Caravan Park.

22 Nolan Street / PO Box 194, Maryborough VIC 3465 • Customer Service: 03 5461 0610 • Email: [email protected]

Schedule of Works

The Residential Tenancies (Caravan Parks and Moveable Dwellings Registration and Standards) Regulations 2010 require Council to consider any outstanding items within caravan parks prior to issuing a certificate of renewal of registration.

As a result of your recent Country Fire Authority (CFA) Fire Safety Report (13 March 2020) several requirements have been identified that need to be met to comply with Regulations 20 and 21 of the Residential Tenancies (Caravan Parks and Moveable Dwellings Registration and Standards) Regulations 2010. The Schedule of Works that has been prepared for your Caravan Park lists theses outstanding items detailed in the CFA Fire Safety Report.

What is a Schedule of Works?

The regulations define a Schedule of Works as:

A written agreement between a Caravan Park Owner and Council which sets out the works to be undertaken by the Caravan Park Owner and the time line for undertaking the works.

The regulations permit the development of a Schedule of Works for any works that need to be undertaken to ensure compliance with Regulations 20 and 21. Specifically, these regulations focus on emergency management responsibilities such as fire prevention safety which includes equipment, access and separation.

Compliance with the Schedule of Works?

The Schedule of Works prepared for your caravan park, once signed by all parties, is a legal document and will be used by Council when assessing any application for the renewal of your registration.

Failure to comply with the Schedule of Works provides grounds for the refusal of your application to renew your caravan park registration.

What should I do if I am unable to comply with my Schedule of Works?

If you are unable to comply with the agreed Schedule of Works you need to contact Central Goldfields Shire Council as soon as possible to discuss the matter.

Do not leave it until the last minute as the earlier you make contact with the Central Goldfields Shire Council the easier it will be to renegotiate your agreement, if possible.

Schedule of Works Talbot Caravan Park


Residential Tenancies Act 1997

Caravan Park Schedule of Works

Caravan Park Name: Talbot Caravan Park

Proprietor: Talbot Football and Netball Club

Caravan Park Address: 32 Avoca Road, Talbot

Fire Prevention and Safety – Equipment (Regulation 20)

A caravan park owner must provide and maintain fire fighting equipment for the caravan park in accordance

with Objective O3 and Performance Measures PM4 (Fire Equipment) and PM5 (Fire Authority Equipment)

of the CFA Guidelines.

Actions required to comply with Performance

Measure PM5

Status To be

completed

Evidence required

Static Water Supply

A static water supply must be provided with a minimum

capacity of 45,000 litres. This must be used solely for

firefighting purposes.

The system (including tank designs) must meet the

performance, pipe size, tank construction and fitting

requirements of AS2419 as if being installed to protect a

building.

Tanks (each with a minimum capacity of 45,000 litres)

must be located so that every site and structure is within

60m of hose laid from the tank.

Tanks must be located within 4 metres of a hardstand to

allow fire vehicles to connect to the static water supply.

Incomplete Within 60

Days

All works completed as

assessed by Council.

Notes on alternative options:

Note 1: The existing 22,500 litre water supply tank is not satisfactory and does not comply with the requirements of

AS2419.1-2005 nor with the coverage requirements.

Note 2: As an alternative solution, CFA will accept the steel water supply tank recently installed at the eastern end of

the site near the basketball pavilion as coverage for the part of the Caravan park. Storz Adapters are required to

match the connection 125mm to 100mm, 100mm to 75mm and 75mm to 65mm with a matching blank end cap are to

be provided. This item will be addressed by the Central Goldfields Shire Council on behalf of the caravan club.


Note 3: 2. CFA will accept the existing poly water supply tank and the additional poly water tank (both located on site

at the western end of the complex) provided that:

The 2 tanks are interconnected with a minimum 100mm corrosive resistant metal pipe.

The outlet on the existing tank adjacent to the storage shed is not compliant and is to be retrofitted using a

minimum 125mm outlet and valve.

A full-bore valve, equipped with a Storz connection, sized to comply with the required suction hydraulic

performance is provided. Adapters that may be required to match the connection are 125mm to 100mm,

100mm to 75mm and 75mm to 65mm with a matching blank end cap to be provided.

The hard-suction point shall be positioned within 4m to a hardstand area and provide clear and safe access

for fire personnel.

The road access and hardstand shall be kept clear at all times.

The hard-suction point shall be protected from mechanical damage (i.e. Bollards) where necessary.

An outlet-stiffening bracket, suitably anchored to a concrete pad will be required on a flexible wall type tank.

This item must be addressed by the caravan park operators.

Fire Prevention and Safety – Access and Separation (Regulation 21)

A caravan park owner must ensure that sufficient space for Fire Fighter access and fire separation between

and around movable dwellings and adjacent structures is provided and maintained in accordance with

Objectives O1 (Provision & Maintenance of Access) and O2 (Prevention of Fire Spread) and Performance

Measures PM1 (Fire Fighter Access), PM2 (Fire Vehicle Access) and PM3 (Fire Separation) of the

Guideline.


Measure PM3

Status To be

completed

Evidence required

Caravan storage area - stored caravans should have a

minimum separation of 2 metres between them to assist

in mitigating fire spread between them.


Days



Site 12 which consists of 3 individual caravans used as

separate “rooms” needs to ensure 2 metres between

them to assist in mitigating fire spread between them.


Days



Emergency Management Plan - Preperation (Regulation 22)

A caravan park owner must not operate a caravan park unless the caravan park owner has prepared an

Emergency Management Plan (EMP) prepared in consultation with CFA in accordance with PM9.


Measure PM9

Status To be

completed

Evidence required

An Emergency Management Plan must be prepared to

ensure risks to occupants are identified, managed or

eliminated.

Incomplete Immediately. Plan assessed by

Council and CFA.

Note:

An existing Emergency Management Plan is not considered satisfactory and appears not to have been reviewed

since 2013.


Electrical Safety (Performance Measure PM7)

Electrical safety must be implemented and maintained within the caravan park and each structure within

the caravan park in accordance with PM7.


Measure PM7

Status To be

completed

Evidence required

Vegetation around power lines should be managed

to ensure that power lines are cleared of hazards.

External power supplies must be insulated and not

contain any connections that are exposed to the

weather.

Each site should have its own individual power

source.

The use of multiple power boards and double

adapters should be discouraged.

Extension leads for connection between the

external power source and structures should be

tested and tagged in accordance with AS/NZS3760


Days



Note:

Park Management must advise the owner of each private caravan/cabin in writing that they should have their external

electrical leads tested and tagged and that they must be maintained and inspected in accordance with AS/NZS 3760.

Site Plan (Section 11 of Regulations)

Electrical safety must be implemented and maintained within the caravan park and each structure within

the caravan park in accordance with PM7.

Actions required to comply with Section 11 Status To be

completed

Evidence required

A site plan, showing the designated Caravan Park area,

relevant fire equipment, fire service infrastructure and

Emergency Assembly area, is to be prepared and

provided to CFA for review/comment. Once endorsed by

Council, a copy is to be provided to CFA.

Incomplete Immediately Plan assessed by

Council and CFA.

Note:

CFA understands that from time to time people camp along the southern boundary of the property which is outside the

designated Caravan Park area and where there is no fire service. Whilst the existing street fire hydrants may provide

fire service coverage to this area, the practice is to be discouraged. Anyone wishing to camp on the site are to camp

within the area designated as the Caravan Park.


Declaration

I ____________________________________________________________ being the proprietor of

________________________________________________________________ (name of Caravan Park) hereby agree to

comply with the above Schedule of Works by ensuring all works are undertaken within the specified time frames.

I understand that failure to comply with the above Schedule of Works is grounds for enforcement action to be undertaken

under Section 522 and 523 of the Residential Tenancies Act 1997 and/or the refusal of my registration renewal under the

Residential Tenancies (Caravan Parks and Moveable Dwellings Registration and Standards) Regulations 2010.

Caravan Park Proprietor Name:

Caravan Park Proprietor Signature:

Date:

Signed on behalf of Central Goldfields Shire Council

Council Officer Name: James Maw

Council Officer Position: Manager Statutory Services

Council Officer Signature:

Date: 22 May 2020


Additonal Items Requireing Attention

The following additional items identified during an onsite assessment on 23 May 2020 remain outstanding under

the Residential Tenancies Act 1997, Residential Tenancies (Caravan Parks & Moveable Dwellings Registration

& Standards) Regulations 2010 (Vic) and The Environmental protection Act 1970.

Whilst these items do not form part of the Schedule of Works they are breaches of the relevant regulations and

must be addressed in accordance with the timeframes set.

Smoke Alarms for Moveable Dwellings (Section 35 of Regulations)

A copy of the public emergency warning must be displayed in a prominent position.

Actions required to comply with Section 24 of the

Regulations.

Status To be

completed

Evidence required

The caravan park has failed to communicate emergency

management procedures to occupants of the park.

Emergency procedures must be displayed in every

building. (site map, evacuation locations, exits, firefighting

equipment).

Incomplete Immediately. All works completed as


Display of Public Emergency Warnings (Section 24 of Regulations)

A copy of the public emergency warning must be displayed in a prominent position.


Regulations.

Status To be

completed

Evidence required

During the time of inspection the proprietor indicated that

all smoke alarms have been checked within movable

dwellings (caravans) however no evidence to validate this

has been provided only verbal.

Incomplete Immediately. All works completed as


Lighting (Section 32 of Regulations)


Regulations.

Status To be

completed

Evidence required

Ensure that the lighting of common areas, roadways,

recreation areas and paths in use in the caravan park

enable the safe and convenient use of the caravan park.


Days.



Rixid Annexes – Notice to Council (Section 39 of Regulations)


Regulations.

Status To be

completed

Evidence required

If it is proposed to install an unregistrable movable

dwelling or rigid annexe in a caravan park, the caravan

park owner must provide the council with details of the

siting, structural design and proposed installation of the

dwelling or annexe—


Days.




(a) at least 7 days before installation; or

(b) at such earlier time as is required in writing by the

Council.

Note:

Council records indicate that notice has not been provided for the installation of any ridged annexes currently installed.

Sanitary Facilities (Section 29 of Regulations)


Regulations.

Status To be

completed

Evidence required

A caravan park owner must ensure that the sanitary

facilities provided for the caravan park are at least to the

standard set by Part F2.1 in the BCA Volume One for a

Class 3 building (other than a Class 3 residential aged

care building) on the basis of one person per site for every

site which does not have private sanitary facilities in an

unregistrable movable dwelling.


Days.



Note:

Councils assessment found:

Males: Showers = 4 with one broken = 3. Basin = 2. Toilets = Could not determine at the time of inspection

Female: Showers = 4. Basin = 2. Toilets = 4 with one basin.

Duties of Owners of Registered Caravan Parks (Section 19 of Regulations)


Regulations.

Status To be

completed

Evidence required

A caravan park owner must ensure that the person

responsible for management of the caravan park is

available at the caravan park office during normal office

hours.

A caravan park owner must ensure that the person

responsible for management of the caravan park can be

contacted at all times in case of an emergency.

A caravan park owner must ensure that emergency

services vehicles can access the caravan park at all times

without delay.

A caravan park owner must ensure that the name and

telephone number of an emergency contact person are

displayed in a prominent position at the caravan park

office or other place determined by the council.

A caravan park owner must ensure that a register is

maintained specifying—


Days.




(a) the name and address of each resident and short term

occupier; and

(b) the arrival and departure date of each resident and

short term occupier.

A caravan park owner must ensure that the following are

displayed in a prominent position at the caravan park

office or other place determined by the council—

(a) the caravan park registration certificate;

(b) a plan of the caravan park;

(c) a copy of the caravan park rules made under section

185 of the Act.

A caravan park owner must ensure that the following

documents are accessible, on request, to residents and

short term occupiers—

(a) the Act;

(b) these Regulations;

(c) any exemptions granted under section 519 of the Act

in relation to the caravan park;

(d) the caravan park rules made under section 185 of the

Act.

Sewerage and Wastewater (Regulation 28)


Regulations.

Status To be

completed

Evidence required

A caravan park owner must ensure that all sewerage and

wastewater discharged from a movable dwelling in a

caravan park is (b) to a septic system approved by (i) the

council under Part IXB of the Environmental protection

act 1970.


Days.



Note:

Several onsite caravans (2) are currently discharging wastewater offsite into the open spoon drain located at the back

of the property and onto the surface of the land, wastewater must be treated and retained onsite to the satisfaction of

the respon Council.


8.3 SMALL BUSINESS FRIENDLY CHARTER

Author: Manager Strategy and Economic Development

Responsible Officer: General Manager Infrastructure Assets and Planning


SUMMARY/PURPOSE

The purpose of this report is to present the Small Business Friendly Charter for adoption.

The purpose of the Small Business Friendly Charter is to provide a framework to assist councils to create a fair and competitive trading environment for small businesses.




Objectives: 2.1 Facilitate an environment which is conducive to

industry/business growth and employment growth and retention.

2.4 Provide a supportive environment for existing businesses to prosper.

Initiative: • Develop an Economic Development and Tourism Strategy

• Develop job creation/retention initiatives

• Include support for existing business in the Economic Development and Tourism Strategy

Economic Development Strategy

Strategy 12 Productive and efficient planning approvals

Strategy 14 Facilitate training, mentorship, funding and networking opportunities across the business community

Strategy 15 Encourage and implement best practice in economic development

Local Government Act 2020, Section 8

(1) The role of a Council is to provide good governance in its municipal district for the benefit and wellbeing of the municipal community.

https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga2020182/s3.html#council

https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga2020182/s3.html#municipal_district

https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga2020182/s3.html#municipal_community



Council adopted the Economic Development Strategy in March 2020 and is now implementing its recommendations. The economic impacts of the COVID-19 pandemic have added a level of urgency to recommendations related to small business support.

There are some established initiatives being taken up by many Victorian councils that provide frameworks for improving local government support for new and existing small businesses. One of these is the Small Business Friendly Council (SBFC) initiative.

REPORT

The SBFC initiative has been developed by the Victorian Small Business Commission (VSBC) and involves a partnership between councils and the VSBC.

The key action in taking up the SBFC initiative is to sign the Small Business Friendly Charter, which commits Council to implementing several actions within 12 months of signing. The Charter (attached) outlines  shared goals  for both the VSBC and participating local councils in working to create a fair and competitive trading environment for small businesses. Key commitments when signing the Charter include:

to pay small businesses within 30 days of invoicing;

to streamline the approval process when starting a business;

to help set up and support local business networks; and

to support local businesses in managing the impacts of infrastructure projects.

Council’s Finance unit has adopted a more frequent cycle of payments to suppliers as part of its support package for local businesses to respond to pandemic impacts. It has confirmed that it will be able to meet (and usually beat) the 30-day payment commitment on an on-going basis.

The Better Approvals program that has recently been implemented also meets a key commitment within the Charter.

Council has collaborative relationships with the Committee for Maryborough and has been developing more pro-active support for local businesses in response to the pandemic impacts. This includes establishing regular communications through a database of over 500 local businesses and setting up an Economic Response and Recovery Taskforce. Consolidating this support for local business networks will be an ongoing task in meeting the Charter commitments.

‘Liaison with small businesses when disruptions are caused by infrastructure projects’ is not a major issue, as infrastructure projects of sufficient scale to create significant disruption are not frequent. Nevertheless, this is still something to work on with our local projects – cross-council and inter-agency co-operation is required and some notification processes may need to be set up.

Meeting these and the other commitments within the Charter will be a focus of the Economic Development Unit during the 12-month implementation period.


Community engagement for the Economic Development Strategy indicated strong support for improving council’s processes for supporting local small businesses, including an officer dedicated to facilitating economic development, improved permit approval processes and faster payment times to small businesses that provide goods and services to council. Signing and implementing the Charter will be a positive step in responding to these identified needs.


The Economic Response and Recovery Taskforce discussed the Charter at its meeting on 3 June and members were unanimous in recommending that Council sign it.


There is no financial cost to Council for signing the Charter or participation in the Small Business Friendly Council initiative.

The cost of implementation actions to meet the commitments within the Charter predominantly consists of staff time. This is considered manageable within proposed staffing in the Strategy and Economic Development Unit for 2020-21.

RISK MANAGEMENT

This report addresses Council’s strategic risk Community Well-being – Failure to recognise and manage the impact of changing social and economic conditions on the community – by responding to the economic impacts of the COVID-19 pandemic and building longer term support for future growth and adaptation by local small businesses.

CONCLUSION

Signing and implementing the Small Business Friendly Charter would be an achievable, relatively quick action to support local economic recovery and future small business growth, for the benefit of the shire community as a whole.

ATTACHMENTS

1. Small Business Friendly Charter

RECOMMENDATION

That Council resolve to sign the Small Business Friendly Charter and authorise officers to implement the commitments within it.

Charter Agreement

Introduction

This Charter is a commitment between your council and the Victorian Small Business Commission (VSBC)

to work together to create a fair and competitive trading environment for Victorian small businesses. It

also tells you what you can expect as a business owner from your local council and the VSBC. By signing

the charter, the VSBC and local councils agree to meet these commitments within 12 months.

Commitments and what you can expect from us

Part 1 | Work with small businesses disrupted by infrastructure projects

The VSBC will:

a. provide councils with VSBC resources for managing the impacts of disruption

b. provide dispute resolution services in relevant matters

c. advocate on behalf of small businesses with authorities who undertake major works

d. work collaboratively with council to develop practical initiatives that benefit small businesses

Your council will:

a. refer to the VSBC’s Small Business Engagement Guidelines when planning new works and

request that external project managers do the same

b. provide small businesses with the VSBC’s guide for small businesses on Managing Disruption

Part 2 | Support the creation of small business networks across Victoria

The VSBC and your council will:

a. distribute the VSBC’s guide to building Stronger Networks

b. actively engage with small business networks and identify new opportunities for development

c. include representatives of associations in conversations concerning small businesses

Part 3 | Faster permit approvals processes for small businesses

Your council will:

a. work towards faster permit approvals for new small businesses. This may mean:

i. registering with the Better Approvals Project and completing this as scheduled; or

ii. implementing strategies to streamline permit approvals processes for small businesses

Part 4 | Prompt payment to small businesses

The VSBC will:

a. raise awareness of the Australian Supplier Payment Code1 across Victoria to ensure your

business is paid within 30 days of issuing an invoice

Your council will:

a. initiate processes to ensure invoices from small businesses are paid promptly; or

b. commit to signing up to the Australian Supplier Payment Code to pay small businesses within 30

days

Part 5 | Easy to read, easy to understand information for Victorian small businesses

The VBSC will:

a. liaise with Small Business Victoria on the development of new resources for your business and

communicate requests from your council about what is needed

b. refer your council to new resources as they are made available

Your council will:

a. link your business with the resources available at business.vic.gov.au

b. provide the VSBC Retail Lease Checklist to prospective tenants

Both parties will:

a. identify opportunities for the development of new resources for your business

Part 6 | Open channels of communication between the VSBC and local councils

The VSBC will:

a. advocate on behalf of small business when your council notifies VSBC of key issues of concern

b. work with relevant agencies to progress matters of concern to local councils and small

businesses

Your council will:

a. notify the VSBC of issues affecting local small business communities

b. refer commercial disputes to the VSBC dispute resolution team as appropriate

c. provide details of the VSBC’s dispute resolution services on its website

1 Further information on the Australian Supplier Payment Code can be found on the website of the Business Council of Australia | www.bca.com.au

http://www.bca.com.au/

Additional commitments

Promotion of Initiative

The VSBC will:

a. provide all participating councils with the Small Business Friendly Council Initiative logo to use in

their own materials

b. provide all participating councils with an animated video promoting the benefits of having a

small business friendly council to Victorian small businesses

c. share success stories and case studies from participating councils in the VSBC eNewsletter and

on social media

d. list all participating councils on the VSBC website

Your council will:

a. utilise the Small Business Friendly Council Initiative and videos in relevant communications

b. provide VSBC with case studies and success stories associated with the initiative

Quality assurance and review

The VSBC will:

a. contact your council 12 months after signing the charter to assess their status on each

commitment

b. review feedback from your council about the value of the charter and modify it as appropriate

after 12 months

Your council will:

a. work towards fulfilling each commitment within the first 12 months of signing the charter

b. work with the VSBC to amend the charter if required

Acceptance

On behalf of …………………………………………………………………………………………………………………….. we agree to

the terms outlined in this Charter and agree to implement the Small Business Friendly Council Initiative.

Name Position Signature

................................................................

Date / /

Name Judy O’Connell Position Victorian Small Business Commissioner Signature

................................................................

Date / /

Please provide the contact details for the CEO for your organisation, and the details of a contact person

that we can use as matters for discussion arise.

CEO Point of contact Name Position Phone Email Postal address


8.4 PLANNING APPLICATION 146/17 FOR THE USE AND DEVELOPMENT OF THE LAND FOR MINING (GOLD EXTRACTION) AND ASSOCIATED BUILDINGS AND WORKS

Author: Coordinator Statutory Planning



SUMMARY/PURPOSE

The purpose of this report is to brief the Council on planning permit application 146/17 for the use and development of the land for mining (gold extraction) and associated buildings and works within the Rural Conservation Zone and Land Subject to Inundation Overlay. The application is recommended to be refused for failure to provide sufficient information to Council.

Public notice of the application has been given and no objections were received.

The Application has been assessed against the Planning Scheme and it is considered that the proposed application did not supply adequate evidence for the Planning Officer to make an informed decision.





This report has been developed in accordance with the Planning and Environment Act 1986 and the Central Goldfields Planning Scheme.

Other acts, regulations and codes of practices relevant to this application include:

Mineral Resources (Sustainable development) Act 1990

Code of Practice for Low Risk Mines, Ministerial Guidance, 21 June 2010

Code of Practice for Low Risk Mines, November 2014

The Aboriginal Heritage Act 2006

Aboriginal Heritage Regulations 2018 (the Regulations)

VCAT Practice Note – PNVCAT2 Expert Evidence


The use and development of the site for the purposes of the land for mining (gold extraction) and associated buildings and works has been actively considered by the applicant and


prospectors for the past four years. The applicant, prospectors, Department of Environment Land Water and Planning (DELWP), Department of Economic Development, Jobs, Transport and Resources (DEDJTR) and Council held an onsite meeting on 1 December 2016 to determine that the proposal is exempt from the requirements to have and work in accordance with an approved Work Plan (as mandated in sections 40 and 41 of the Mineral Resources Act 1990). After the meeting, DEDJTR concluded that the proposal is required to comply with the Code of Practice for Low Risk Mines.

An application was submitted to Council on 15 November 2017 for the use and development of the land for mining (gold extraction) and associated buildings and works within the Rural Conservation Zone and Land Subject to Inundation Overlay on the subject site. The site contains two parcels, crown allotment 23 and 24 Section 7 Parish of Painswick. The prospecting licence PL006207 is associated with Lot 23 (west) and PL006206 is associated with Lot 24 (east). Note that the former prospecting licence and parcel are the subject of concurrent Council Report PA147/2017.

In May 2018 the Planning Officer requested further information from the applicant. The further information request sought an assessment considering the Aboriginal Cultural Sensitivity and that a Cultural Heritage Management Plan (CHMP) may be required, unless an exemption could be qualified. The applicant subsequently provided further information on 19 July 2018. This included a due diligence report completed by Noel Laidlaw, Mining Engineer, titled Submission to the Earth Resource Regulation Branch, Dept. of Economic Development, Jobs, Transport and Resources Cultural Heritage Management on Prospecting Licences 006206 and 006207, dated 4 June 2016.

The applicant followed up with Council on the 17 December 2018 to obtain a status update. The applicant was advised there had been some staff changes and the application had not progressed since the receipt of further information in July 2018. By the 10 January, 2019, the Planning Officer had progressed with referral of the application and advertised to neighbouring properties.

On the 23 April 2019 the Planning Officer sent the applicant an email stating that the initial request for further information still remained. The Planning Officer explicitly stated that in order to justify that the CHMP was not required, the applicant needs to provide an assessment by a qualified professional as recognised under the Aboriginal Heritage Act 2006. This assessment will determine whether a CHMP is required, or the exemption applies.

On 29 May 2019 the applicant supplied a statutory declaration (attachment 3) regarding previous use of the land from John Ernest Royer Cahill of 59 Browns Lane Emu Creek. Mr Cahill states that in July 1985 he took a journey to Parker Lane [sic] and crossed Burnt Creek to see a series of old mine workings being flattened by a D6 bulldozer. Whilst the holes were being backfilled, metal detecting was simultaneously carried out by the operators. The operators later showed Mr Cahill some small nuggets they had discovered onsite which were approximately 1-2 grams. The company, Bendigo Mining N.L. became South African controlled to Harmony Mining during the 1990’s and all pre-1995 material was lost. Therefore Mr Cahill is unable to officially substantiate these claims with photographs or documentation.

The purpose of this statutory declaration was to assert that the land has undergone previous significance ground disturbance, making an application to use and develop the site for the purposes of gold mining exempt from requiring a CHMP.

On 6 April 2020, the land owner made contact with Council’s Planning Department requesting a status update on the application. The Coordinator of Statutory Planning undertook a review of the file and provided feedback to the land owner that it was considered that advice from a suitably qualified expert was required to be submitted to either confirm that a CHMP is required


or that the exemption will apply. The land owner was advised that the report and statutory declaration supplied previously was not considered to be adequate to address the matters at hand.

REPORT

The proposal seeks approval to use the site for the use and development of the land for mining (gold extraction) and associated buildings and works. This proposal is required to meet the requirements of number of acts, including the Planning and Environment Act 1987, the Mineral and Resources Act 2006 and the Aboriginal Heritage Act 2006.

The Planning Officer is unable to determine whether the proposal is appropriate for the site without all the necessary information required for decision making. The information that is outstanding relates to how the proposal can respond to the requirements of the Rural Conservation Zone and the Aboriginal Cultural Heritage Sensitivity Overlay.

If an applicant can adequately demonstrate that significant ground disturbance has occurred on the site previously they can be exempt from preparing a CHMP. The Aboriginal Heritage Regulations 2018 are clear that there may be alternative evidence that an applicant can supply to demonstrate that significant ground disturbance has occurred, and that this evidence must comply with VCAT’s practice note (attachment 4) on expert evidence. If the Planning Officer remains in doubt about the occurrence of ground disturbance, a CHMP is required.

The applicant has not supplied a CHMP or provided sufficient information to meet the requirements of the Aboriginal Heritage Act and Regulations or the Central Goldfield Planning Scheme, therefore Council is unable to make a decision. Council is at risk of being in breach of Section 52 (1) of the Aboriginal Heritage Act 2006 which states that no statutory permissions should be granted before a CHMP has been completed, if one is required.

Proposal

The applicant seeks approval for the use and development of the land for mining (gold extraction) on Crown Allotment 24 Section 7 Parish of Painswick, 104 Parkers Road, Moliagul.

The applicant proposes to use the site for alluvial mining for gold. The mining is proposed to be conducted by an ‘excavate and detect’ method. Trenches will be cut approximately 3m in width and up to 30m in length. These will be located across the gold lead. The material will be detected using a metal detector and then the material back filled into the previous pit. The applicant asserts that this method retains that amount of land that is open for mining as pits at a minimum, and assists in ensuring the land is rehabilitated.

When the pits are dug, the topsoil, humus and leaf litter are stockpiled and this material is retained to cover the disturbed areas prior to replanting.

The applicant proposes to replant the area with a mixture of grasses, understorey and trees. The applicant states that the existing native vegetation cover on the site will be retained.

The proposal was assessed by DEDTJR on the 1 December 2016 and it was determined that the proposal is required to comply with the Code of Practice for Low Risk Mines.

Site and Surrounds

The subject site is an irregular shape and consists of two parcels. The adjoining parcel to the east is the subject of concurrent planning application 147/17. The site is approximately 7.83


hectares and is bound by heavily vegetated crown land. Access to the site is through crown land via Parkers Road, One Eye Track or Diggins Road, Moliagul.

The site is scattered with young native saplings, with several large eucalypts on the border and around a small dam, which is in the southern centre of the site.

Planning Permit Trigger

Clause 35.06 Rural Conservation Zone (RCZ) use and development of the land for mining (gold Extraction) and associated buildings and works.

Clause 44.04 works within the Land Subject to Inundation Overlay (LSIO)

Clause 52.08 Earth and Energy Resources Industry requires a planning permit for an application to use and develop land for mining.

State Planning Policy

State Planning Policy Framework

Clause 13 Environmental Risk and Amenity

The Clause recognises that planning should aim to avoid or minimise natural and human-made environmental hazards, environmental degradation and amenity conflicts.

Clause 13.03-1S Floodplain Objective

The Clause recognises the protection of floodplain areas of environmental significance or of importance to river health. The supporting strategies include locating use and development that involve the storage or disposal of environmentally hazardous agricultural wastes outside floodplains unless site design and management is such that potential contact between such substances and floodwaters is prevented.

Clause 13.05-1s Noise Abatement

The Clause recognises that planning should assist the control of noise effects on sensitive land uses.

Clause 13.07-1S Land Use Compatibility

The Clause recognises that planning should seek to safeguard community amenity while facilitating appropriate commercial, industrial or other uses with potential off-site effects.

Clause 14.02-1S Catchment Planning and Management

The objective of this Clause is to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 14.02 -2S Water Quality

The objective of this Clause is to protect water quality.

Clause 15.03 Aboriginal Cultural Heritage

The objective of the Clause is to ensure the protection and conservation of places of Aboriginal cultural heritage significance. Relevant strategies are to identify, assess and document places


of Aboriginal cultural heritage significance, in consultation with relevant Registered Aboriginal Parties, as a basis for their inclusion in the planning scheme. Provide for the protection and conservation of pre- and post-contact Aboriginal cultural heritage places. Ensure that permit approvals align with recommendations of a Cultural Heritage Management Plan approved under the Aboriginal Heritage Act 2006.

Local Planning Policy

Clause 21.07 Industrial Development

The Clause recognises that major mining exploration is being undertaken in the Shire and that varying scales and types of gold mining ventures including fossicking and prospecting are still active in the Shire. Encouraging gold mining, exploration activities and operation of existing quarries within an appropriate environmental framework is a strategy to mitigate these issues.

Clause 21.09 Protection of Land and Water Resources

The Clause recognises that maintaining and protecting water quality and quantity in the Loddon and Avoca catchments is relevant and the following strategies are important:

Minimise the potential impact of existing and new developments to cause water pollution, land degradation, and risk of salinity and erosion.

Ensure land capability is taken into account in the assessment of land use and development proposals.

Promote water conservation practice in mining, industry and agriculture and wastewater management.

Zones and Overlays

Clause 35.06 Rural Conservation Zone

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To conserve the values specified in a schedule to this zone.

To protect and enhance the natural environment and natural processes for their historic, archaeological and scientific interest, landscape, faunal habitat and cultural values.

To protect and enhance natural resources and the biodiversity of the area.

To encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality.

To provide for agricultural use consistent with the conservation of environmental and landscape values of the area.

To conserve and enhance the cultural significance and character of open rural and scenic non urban landscapes.

Clause 44.06 Bushfire Management Overlay (BMO)


To ensure that the development of land prioritises the protection of human life and strengthens community resilience to bushfire.


To identify areas where the bushfire hazard warrants bushfire protection measures to be implemented.

To ensure development is only permitted where the risk to life and property from bushfire can be reduced to an acceptable level.

Clause 44.04 Land Subject to Inundation (LSIO)

To implement the Municipal Planning Strategy and the Planning Policy Framework. To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority.

To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration has been made.

To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health.

Particular Provisions

Clause 52.08 Earth and Energy Resources Industry

To encourage land to be used and developed for exploration and extraction of earth and energy resources in accordance with acceptable environmental standards.

To ensure that geothermal energy extraction, greenhouse gas sequestration, mining and petroleum production are not prohibited land uses.

To ensure that planning controls for the use and development of land for the exploration and extraction of earth and energy resources are consistent with other legislation governing these land uses.

Referrals

The application was referred externally to Department of Environment, Land, Water and Planning (DELWP), North Central Catchment Management Authority (NCCMA) and Goulburn Murray Water (GMW) and internally to the Engineering Department. The Reponses from each referral are detailed in the tables below.

Table 1- External referral to DELWP

DELWP Response

No objection to the permit being issued

Planning Officers comment: Nil


Table 2- External Referral to NCCMA

NCCMA Response

North Central CMA, pursuant to Section 56 of the Planning and Environment Act 1987, does not object to the granting of a permit subject to the following conditions: 1. Prior to the commencement of any works, an exclusion fence must be installed to delineate a waterway exclusion zone of 50 metres, either side from the top of bank of the waterway. No works or fill material are permitted within the exclusion zone. Attached Map 20181499_20190117_A clearly displays the exclusion zone. 2. Spoil material must not be stockpiled within the area subject to flooding from a 1% Annual Exceedance Probability (AEP) flood event. Any spoil material retained on the property should be spread on the property in such a way that it does not substantially alter existing surface levels and flood flows.


Table 3- External referral to GMW

GMW Response

Based on the information provided and in accordance with Section 56 (b) of the Planning and Environment Act 1987, Goulburn-Murray Water has no objection to this planning permit being granted subject to the following conditions:

1. All operations must be undertaken in accordance with the requirements of the DEDJTR Code of Practice for Low Risk Mines (November 2014).

2. No extractive works are to be undertaken within 30m of Gypsy Creek to the north of the subject land.

3. Sediment control principles outlined in EPA Publication 275, Construction Techniques for Sediment Pollution Control (May 1991) must be implemented on the site to ensure that no sediment laden run-off is able to leave the site or be discharged to waterways or drainage lines. Sediment traps must be maintained to ensure their effectiveness.

4. Any stormwater run-off from the work area and any stockpile areas must be directed towards a sedimentation basin. Inlet and outlet structures must be appropriately beached to ensure that no erosion occurs and the basin must be


periodically cleaned of sediment to ensure it maintains capacity and functions appropriately.

5. The sedimentation basin must have the capacity to capture run-off and drainage from the quarry site in a one in ten year storm event.

6. Stormwater unaffected by the work site operations must be diverted around the site of operations as unconcentrated overland flow so as not to cause any erosion, channelling or discharge of sediment off-site.

7. Stockpiles of topsoil or extracted material must be either revegetated or stored in a manner whereby any run-off containing sediment is directed towards the sedimentation basin.

8. At the completion of all work activities, the site must be rehabilitated to prevent erosion and sediment transport off-site.

9. The use of water for the purpose of the mining operations will require a Take and Use licence.

Planning Officer comment: Within the response provided GMW commented on the lack of information provided within the application:

The application does not contain an overall site plan showing the areas to be worked and contains no information about the timing of works, numbers of operators, sediment control measures or a description of how the extracted material from each panel is handled and processed. A copy of the relevant prospecting licence has not been supplied.

Table 4- Internal referral to Engineering

Engineering Response

Prior to the operation of the extraction industry the following must be undertaken by the applicant/owner to the requirements and satisfaction of the Responsible Authority:

1. Access:

1.1. Vehicular access to existing Lot must be provided from Parkers Road.

1.2. Parkers Road must be upgraded from Dunolly-Moliagul Road to the property access (driveway). The road shall be constructed to suit Central Goldfields Shire’s adopted RA2 road standard (refer to appendix A of Council


Road Management Plan, see Council website). Works must be completed to the satisfaction of the Responsible Authority.

Figure 1 RA2 Standard Roadway


1.4. Any existing, or newly constructed, vehicular crossovers/driveways in Parkers Road must be to an all-weather gravel rural type (4 metres width) from road to property line over piped culvert, if required. (Refer Infrastructure Design Manual Standard Drawing 255).

1.5. Any new or modified property crossovers/driveways will require the owner/applicant to apply and have approved driveway crossing and/or consent for works permit/s for crossover/driveway/access works. All works constructed or carried out must be in accordance with the approved plans/permit(s).

1.6. Once constructed the crossovers crossovers/driveways/access must be thereafter maintained by the landowner to the satisfaction of the Responsible Authority.

2. Drainage

2.1. All stormwater from any un-rehabilitated cuttings must be accommodated and treated within the subject land. Treatment includes removal of sediments and contaminants

2.2. The owner/applicant must design a drainage system to contain and treat any stormwater from open cuttings then drain any treated water from to the legal point of discharge. This plan must be submitted to the Responsible Authority for approval.


2.3. A legal point of stormwater discharge (LPD) must be provided for the any treated water from the site discharging into the existing waterway running east to west through the site of the extraction operation works must be completed to the satisfaction of the Responsible Authority.

3. Landscaping:

3.1. The existing native vegetation along Parkers Road, is to be protected where possible during works and must not be damaged or removed, except with the permission of the Responsible Authority.

4. Asset Protection

4.1. At any time the permit holder must ensure that the operation and condition of Council and other public assets are not damaged by the construction works. If the Responsible Authority deems Council assets have been detrimentally affected or damaged by development construction access, then the assets will be required to be repaired and reinstated by the permit holder to the satisfaction of the Responsible Authority.

5. Sediment Control

5.1. The applicant / owner shall restrict sediment discharges from the site in accordance with Construction Techniques for Sediment Pollution Control (EPA1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).


ASSESSMENT OF APPLICATION

Planning application 146/17 proposes the use and development of the land for mining (gold extraction) and associated buildings and works within the Rural Conservation Zone and Land Subject to Inundation Overlay.

The application is considered to be lacking in integral information required for the Planning Officer to make an informed decision. This information includes assessment against the Rural Conservation Zone, adequate information to allow an exemption from a CHMP being provided and is generally lacking in detail.

The documentation supplied with the application is not prescriptive in how site rehabilitation, sedimentation control (and the development of a basin) and extraction material will be managed. The site plan is lacking in detail with regards to vehicle access, nominated working


area, onsite operator numbers and management of staff, including staff facilities. Information regarding how extracted material would be handled and processed are integral to assessing how land degradation issues can be managed.

The proposal has not responded effectively to key provisions of the Aboriginal Heritage Act 2006. The Act requires permit applicants to prepare a CHMP if all or part of the activity is a listed high impact activity, resulting in significant ground disturbance, and if all or part of the activity area is an area of cultural heritage sensitivity, which has not been subject to significant ground disturbance.

This proposal is located in an area of cultural heritage sensitivity and as specified in the Aboriginal Heritage Regulations 2007 (Part 2, Division 5) is an activity which will cause significant ground disturbance.

If an area of cultural heritage sensitivity has been subject to ‘significant ground disturbance’, the area may no longer be an area of cultural heritage sensitivity. The Aboriginal Heritage Regulations (Regulations) do provide scope for applicants to demonstrate that this activity has taken place, such as common knowledge, public records, history documents, photographs, statutory declarations and expert advice from a professional with appropriate skills and experience. The Regulations state that the expert evidence must accord with VCATs practice note in expert evidence. In response, the applicant has supplied statutory declarations and a report written by a civil engineer who specialises in mining and was also listed as the applicant on the planning application form.

The applicant, Noel Laidlaw, prepared a report from his experience as a mining engineer to assert evidence that significant ground disturbance had occurred on the site in an attempt to exempt the proposal from requiring a CHMP. However, the Regulations and VCAT practice note state that ‘where expert evidence is provided in the form of a written report… it is important that the expert’s opinion is soundly based, complete, impartial, dispassionate and within the scope of his or her expertise’ (pg. 2 VCAT Practice Note). As he is listed as the applicant the evidence presented by Noel Laidlaw is not considered to be impartial.

Further, the Regulations assert that evidence must prove that all of the land in question has been subject to significant ground disturbance. However, in this instance, the Planning Officer still has doubts about the location and level of significant ground disturbance over the site. This contention has been clear and stated to the applicant several times over the course of the application’s history with opportunities to provide clear evidence or have a CHMP prepared extended - the most recent opportunity being in 2020.

The decision guidelines for use and development within the RCZ require the applicant to demonstrate a consideration of general planning, rural, environment and design and siting issues. The applicant has not submitted a works siting plan, rehabilitation plan or details regarding native vegetation protection or revegetation. This information is also required to be demonstrated as part of an application for a Low Risk Mine.

The schedule to the RCZ states conservation values such as:

Sustainable land management in water supply catchment areas.

The protection of water quality, particularly in the Loddon catchment.

The protection of the remaining vegetation, the encouragement of revegetation and the prevention of degradation of State forests.

The sustainable management of land and water resources including the prevention of salinity and erosion and the maintenance of water quality and quantity to ensure increased productivity and a healthy catchment.


It is noted that the site is located within an environmentally sensitive area and the applicant has not provided Council with information to demonstrate how the proposed use and development will not impact upon the site and surrounding area.


The application was advertised in 2017 with no objections received.


The assessment of planning permit applications is within the normal operational budget of Council.

Should any party appeal any decision that Council makes there would be a VCAT hearing. Additional costs will be incurred if a VCAT hearing occurs.

RISK MANAGEMENT

This report addresses Council’s strategic risk Governance - Failure to transparently govern and embrace good governance practices and Legislative compliance - Failure to manage our compliance with relevant legislative requirements.

Council must ensure that planning applications provide sufficient information to make a legal decision. As discussed above, the application did not have sufficient information to make a decision or the required CHMP. The recommendation for refusal of the application addresses the legislative and governance risk associated with the application.

CONCLUSION

Planning application 146/17 does not contain adequate information to address the proposed mining within the Rural Conservation Zone or the requirements of the Aboriginal Heritage Act 2006 and therefor the Planning Officer is unable to make an informed determination on the application. The applicant has been informed a number of times that critical information is lacking, mainly that regarding the provision of a CHMP.

Council also needs to consider the obligation under Section 52(1) of the Aboriginal Heritage Act 2006 which states that:

The decision maker must not grant a statutory authorisation for the activity unless a cultural heritage management plan is approved under this Part in respect of the activity.

ATTACHMENTS

1. Site aerial photograph

2. Due diligence report by Noel Laidlaw, dated 4 June 2016

3. Statutory declaration dated 29 May 2020 John Ernest Royer Cahill of 59 Browns Lane Emu Creek

4. VCAT Practice Note: Significant Ground Disturbance


RECOMMENDATION

That Council issue a notice to refuse planning permit application 146/17 for the use and development of the land for mining (gold extraction) and associated buildings and works within the Rural Conservation Zone and Land Subject to Inundation Overlay at Crown Allotment 24 Section 7 otherwise known as 104 Parkers Road, Moliagul; based on the following grounds of refusal:

1. Failure to provide evidence as required by the Aboriginal Heritage Act 2006 and Aboriginal Heritage Regulation 2018 to adequately allow an informed determination on whether significant ground disturbance has occurred on the site.

2. Failure to provide sufficient information to allow the proposal to be assessed against the Rural Conservation Zone.

Submission to the Earth Resources Regulation Branch

Department of Economic Developnfrent. #bs,r-Transport and Resources" [c^r

-0O0-

IHiRE

r\\i c ! -J 2317

Cultural Heritage Management on Prospecting Licences

006206 and 006207

The following is the AAV checklist for this site.

Project Name; Prospecting Licences 006206 and 006207

Project Location: Inkerman

Date: 04 J un-2016

QUESTION ANSWER

Question 1 Is the proposed activity . or all the proposed activities, exempt? No

Question 2 Are you undertaking a High Impact Activity as listed in the Aboriginal

Heritago Regulalions7

Yes

Question 3 Does your activity include signhcan! ground disturbance?

Question 4 Does your activity area include areas of a registered cultural

heritage place (regardless of significant ground disturbance) or

cultural heritage sensitivity that have not previously been subject to

significant ground disturbance?

No

Answer; ON THE BASIS OF '"HE ANSWERS YOU HAVE ENTERED

YOU ARE NO" REQUIRED BY THE REGULATIONS TO

PREPARE A CULTURAL HERITAGE MANAGEMENT PLAN

F OR I HIS PHQJLC.'

1

Introduction

Prospecting Licence 006206/006207 was granted to Mr. Anthony Fraser and Mr. Harold Shaw, respectively, on 3rd February 2016. This licence is situated on private land owned by Mr. Anthony Fraser. This land is described as Lots 23 and

24, Crown Allotment 7 Parish of Painswick.

It is expected that this site will be able to be worked under the Code of Practice for Small Mines, although this has yet to be formally determined. Irrespective of where a Code Of Practice or a Statutory Work Plan determines the conditions

under which work is undertaken on the licence, the CHMP status needs to be

considered.

Most of both of these licences fall within "the green zone" on the Department's mapping of areas of Aboriginal cultural sensitivity. For land within that area, a Cultural Heritage Management Plan would have been required before work could occur on that part of the licence.

Figure 1 shows the extent to which the "green zone" covers the licence and thus indicating the requirement for a Cultural Heritage Management Plan over PL006206/006207.

>33743

PI23744 P12372' I i

I i; 13,531

\ 0 ms] 400 • " €00m f Figure 1 - PLQQ62Q6/PL006207 and Areas of Aboriginal Cultural Heritage

^prown Land (Grey)

Aboriginal Cultural

2

The nominated area of Cultural Sensitivity (the green zone) is related to the 200 meters zone drawn along each side of Gypsy Creek and which encompasses the Northern part of PL006206/006207. Gypsy Creek is an intermittent watercourse which flows East to join Burnt Creek approximately 600m from the licences.

It is the intention of this submission to prove that an exemption from the need to prepare a Cultural Heritage Management Plan over the area of PL006206/006207 that falls within "the green zone" is reasonable due to significant surface disturbance that has occurred on the land.

Figure 2 - PL006206/PL006207 Aerial Photograph


This Act is designed to protect Aboriginal cultural heritage in Victoria. The Act provides some mechanisms to achieve this purpose.

One of the means so provided is the preparation of Cultural Heritage Management Plans (CHMP) on areas which are subject to certain specified activities.

S, 42 of the Aboriginal Heritage Act 2006 (AHA) describes the CHMP

(1)For the purposes of this Act, the preparation of a cultural heritage management plan for an area involves—

(a) an assessment of the area to determine the nature of any Aboriginal

cultural heritage present in the area; and

(b) a written report setting out—

3

(i) the results of the assessment; and

(ii) recommendations for measures to be taken before, during and

after an activity to manage and protect the Aboriginal cultural

heritage identified in the assessment.

(2) The written report is the cultural heritage management plan.

S. 47 provides that the regulations made under the AHA may specify the circumstances under which a CHMP is required.

The Aboriginal Heritage Act Regulations 2007 sets out the circumstances which will trigger the requirement to conduct a CHMP. S. 6 states:

A cultural heritage management plan is required for an activity if—

(a) all or part of the activity area for the activity is an area of cultural heritage

sensitivity: and

(b) all or part of the activity is a high impact activity.

The requirement to prepare a CHMP must satisfy both regulations 6(a) and 6(b), that is to say that the area must be in an area of cultural heritage sensitivity and the activity proposed must be a high impact activity. The regulations define both of these requirements.

Regulation 48 clearly classifies a mining operation as high impact activities and therefore subject to the preparation of a CHMP. It provides

An activity is a high impact activity if it is an activity—

(a) for which an earth resource authorisation is required before the activity

may be carried out; and (b) that would result in significant ground disturbance

Some works such as such as low impact exploration is specifically excluded from this definition. The mining activity proposed on PL006206/006207 involving doze and detecting would clearly fall into the category of being high impact

The Regulations 7 to 10 provide a series of exemptions from the requirement to

prepare a CHMP. Matters mentioned include some subdivisions, some building

works and extensions, demolitions and the like.

Regulation 23 specifically deals with waterways

Waterways

(1) Subject to sub-regulation (2), a waterway or land within 200 metres of a waterway is an area of cultural heritage sensitivity.

(2) If part of a waterway or part of the land within 200 metres of a waterway

has been subject to significant ground disturbance, that part is not an area

of cultural heritage sensitivity.

If the land is within 200 meters of a waterway (as defined), it is classed as being an area of cultural heritage sensitivity per see. However if there has been

significant ground disturbance of the land within 200 meters of the waterway, it is

no longer defined as being an area of cultural heritage sensitivity.

4

Significant ground disturbance is defined in s. 4 of the Regulations. It reads;

significant ground disturbance means disturbance of—

(a) the topsoil or surface rock layer of the ground; or

(b) a waterway—

by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping:

Thus, if there has been significant ground disturbance on the land (apart from

normal agricultural ploughing), then the area loses its status of being an area of

cultural heritage sensitivity.

The Inkerman Goldfield

The Inkerman lead is considered the most northerly part of the Dunolly Goldfield

This field was first rushed in 1853, and the first township of Dunolly established

at Bromley, some four kilometers south from where the current town lies.

Some significant finds were made in this locality with some 4000 miners occupying the area although, after a comparatively short period, most of the miners moved onto Sandy Creek (Tarnagulla), Mcintyres, Mount Moliagul and

inkerman and other new "rushes".

The area languished for some four years until in 1857; prospectors began testing

the alluvial leads around the present day township of Dunolly. Particularly the "Old Lead", Hard Hills, Pound Lead, Burnt Creek and Gooseberry Hill and others

which saw spectacular finds of what was described at the time as "heavy gold."

These were nuggets of gold calculated in pounds weight. Early in the rush,

Victoria Bank did not a set of scales sufficiently large to weight the gold the

diggers were bringing into sell. Dunolly retains the distinction of producing more

gold nuggets than any other goldfield in the world.

News of the initial finds at Dunolly brought a huge influx of diggers into the area. The rush peaked in September 1857 when the population of Dunolly had swelled to over 60,000. This rush lasted perhaps another four years, by which time most of the land in the immediate district, and particularly on the know leads, had been

worked out or was too deep or wet to practically mine.

Some hard rock mines continued production, the premier of which was the Queens Birthday Mine at Goldsborough, which continued operations into the early years of the twentieth century.

The three-fold increase in the price of gold in the early nineteen thirties and

economic depression brought a short-lived revival in alluvial mining to the district

but, in using methods not dissimilar to that which was used in the 1860's, the

returns were marginal.

It is not until the widespread use of hand held metal detectors, (with or without

earthmoving machinery) from the late 1970's onward, did a significant revival in

alluvial mining occur in the district. While the original diggers primarily sunk shafts to the bottom of the alluvial lead and removed the richest gold bearing

5

material from the "gutter" at the bottom, the metal detector allowed any gold to be located in the alluvium. In many cases, it was on the surface or only a few centimeters down from it. Primarily this gold was often left forgotten by the old

time diggers who had a view that the majority of gold would primarily accumulate

at the lowest point on the bedrock and covered by the alluvial lead that had transported it.

Sadly, unlike the nineteenth century when the record of the alluvial finds was

maintained, very little knowledge of the location or the quantity of gold nuggets

found from the 1970"s was kept.

However, there would be few would dispute the fact that the metal detector rush of the last 30 years has produced hundreds of thousands of ounces of alluvial gold in this state.

The Long-Term Legacy of the Nineteenth Century Gold Rushes

There can be little doubt that there was a considerable amount of mining activity during the Dunolly Rushes.

Under the mining legislation of the time, a prospector was obliged to peg a claim and have this registered by the Mining Surveyor before work could begin. The claims were 3 meters by 3 meters (10' square) and involved sinking a shaft through the alluvium to bedrock. The mullock from the shaft was thrown around the top of the shaft. The wash sitting on top of the bedrock was then carted to a water source and panned, cradled or puddled. Once the claim was "bottomed" and any available wash treated, the miner abandoned the area and moved to another claim.

The land was left in this un-remediated condition. Where the land was later selected for agricultural purposes, these holes were backfilled, and the land leveled. There are still many examples of this un-rehabilitated land in areas of the Golden Triangle. Figure 3 is an aerial photograph showing both rehabilitated and un-rehabilitated land on the Old Lead at Dunolly

6

g > C " [mage © 2013.jSe6Ey^r

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Figure 3 - Aerial View of a Section of the Old Lead - Dunollv

The round digger's holes are clearly seen along with the piles of mullock,

including the white pipe-clay which had been sunk through, surrounding each

hole. The agricultural land west of these diggings can be clearly distinguished. At

some time in the past, large earthmoving plant such as a bull dozer has been used to backfill the holes, flatten the undulations and to reshape the land.

It is fair to say that much of the area of PL006206 &006207 would have been

covered by remnants of mining in the ninetieth century: mainly digger's holes but

also tracks, the remains of rudimentary buildings or campsites. Unfortunately,

there are no specific photographs of the area of the land during the gold rush.

However, Figure 4 shows a typical example of an area in the full swing of the

gold rushes. This is from the Navarre Goldfield some 80 kilometers to the North

west of Inkerman.

7

Figure 4 Navarre Digging in Full Swing

Figure 5 shows a similar picture of intense activity and utter devastation of the original land surface. This photograph was taken somewhere on the Forrest Creek diggings.

Figure 5 - Forest Diggings

Figure 6 is a watercolor from one of the Victorian diggings. Again the same scene of intense activity and destruction of the original land surface.

8

Figures 7 is a photograph taken perhaps one hundred years later in the

Tarnagulla area showing what the land was like after the rushes. It shows the

absolute devastation of the environment and that no effort has been made to remedy the mess left behind after the miners had departed.

There are a great number of holes with mullock surrounding them; trees have

intermittently grown among the workings. Many of the holes have eroded surface

material in them as well as leaf little bark and branches. Very often, these holes

were used to dispose of rubbish or dead animals.

9

Figure 7 - Land following the Gold Rushes Tarnaqulla Forrest

Such would have been the environment on the mined land surrounding Inkerman following the gold rush.

10

Prospecting Licences 006206/006207

As can be seen from the aerial photograph in Figure 2, there two private land lots

(and the Prospecting Licences on which they are located) are set in an island of

Crown Land While the private land is cleared, the surrounding Crown land still contains considerable amounts of trees and understory.

rj AexiS-t The Jowa©'history of the alienation of this private land from the Crown is unclear

but the use over the years since the gold rushes indicates that it was used for

agricultural purposes.

In an email to this author, it was stated:-

To follow up with the information I got from the local "cocky" who has been grazing stock in this

paddock for several decades. He verified that the ground has been cropped for many years before he began grazing on it, and was pretty confident that this would have entailed "deep ripping." His name is Stan Shay, at 1120 Dunoily -Moliagul Road, Moliagul (Email from Mr. A Eraser to Noel Laidlaw 04/05/2016)

On the surface, this proposition seems highly likely. The land would have been Crown land originally, and this block would have been purchased, and a land title created. The land was cleared, and there may have been a dwelling erected on the site.There is no evidence of this occurring, however. One thing is clear; the land would have been cleared and levelled for agricultural purposes.

This can be seen from the following series of photographs in which the Crown land on all of the surrounding sides which is un-cleared also still has the diggers

holes evident on it.

Figure 8 - This is the key to the next series of Photographs

11

Image 1 - Looking East


12

Image 3 - Looking North

13

Image 5- Looking West

Image 6 - Looking South

14

From these photographs, it is clear that on the unalienated Crown land on all

sides of the private land, there have been "diggers holes" and other remnants of previous mining activity.

The private land has been cleared of trees apart from along the creek line, and

the land levelled for agricultural purposes.

The extent of the levelling and re-contouring that has taken place on these two

blocks would have been a major earth-moving exercise, using a tracked bull

dozer. Over the ten hectare site, there would have been several thousand cubic

meters of material that had to be dealt with. The holes would need to have been

filled with the surrounding mullock and then the whole site flattened ad contoured

to allow for cropping.


Conclusion

The miners sank a considerable number of shafts into the alluvium to reach the wash sitting on the bedrock where much of the gold was concentrated. The work was conducted on Miners' Right Claims which were approximately 3m X 3m. square. When the gold became scarce, and the claim worked out, the owner

would abandon it and move on to another area. Eventually, the vast majority of

the miners left the area for other new goldfields.

Following the rushes, the scenes in the alluvial gullies and flats were of immense

devastation. Progressively, the farmers who had bought this land for agricultural

purposes would slowly rehabilitate these mined out areas. With the availability of

15

earth moving machinery in the twentieth century, the reclamation of these areas hastened.

It would appear that apart from the considerable damage caused by the original

miners during the gold rush, the work in which the land owners filled in the holes,

sold or removed the mullock from the surface constructed dams, tracks or other improvements, cleared out waterways and generally recontoured the land is sufficient for this work to comply with the requirement of Regulation 23 (2) viz If part of a waterway or part of the land within 200 metres of a waterway has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity.

Whilst there is a paucity of primary evidence as to when this work took place, by

whom and using what machinery, the evidence from the surrounding land as to the existence of the diggers holes and the fact that they were backfilled and re-contoured within the boundaries of the private land clearing show that the land was the subject of significant land disturbance.

It is therefore the contention of the writer that the work proposed in the work plan for PL006206/006207 does not require a Cultural Heritage Management Plan.

16

This Practice Note provides guidance about the meaning of significant ground disturbance as it

relates to requirements to prepare Cultural Heritage Management Plans under the Aboriginal Heritage

Act 2006*.

The Practice Note covers:

when a Cultural Heritage Management Plan is required

why significant ground disturbance should be assessed

what significant ground disturbance means

who needs to provide proof

how to determine significant ground disturbance

who can determine this

what is the role of the responsible authority

how Aboriginal cultural heritage is protected in areas of significant ground disturbance.

Background

The Aboriginal Heritage Act 2006 (the Act) and Aboriginal Heritage Regulations 2018 (the Regulations)

provide protection in Victoria for all Aboriginal places, objects and human remains regardless of their

inclusion on the Victorian Aboriginal Heritage Register or whether they are located on public or private

land.

When is a Cultural Heritage Management Plan required? A Cultural Heritage Management Plan (“Management Plan”) is required for an activity (i.e. the use or development of land) if the activity:

is a high impact activity

falls in whole or in part within an area of cultural heritage sensitivity.

The terms ‘high impact activity’ and ‘cultural heritage sensitivity’ are defined in the Regulations.

A Management Plan must also be prepared when an activity requires an Environmental Effects

Statement, or when directed by the Minister for Aboriginal Affairs.

High impact activities are categories of activity that are generally regarded as more likely to harm

Aboriginal cultural heritage. Most high impact activities provided for in the Regulations are subject to a

requirement that the activity results in significant ground disturbance. The term ‘significant ground

disturbance’ is defined in the Regulations.

Areas of cultural heritage sensitivity are landforms and land categories that are generally regarded as

more likely to contain Aboriginal cultural heritage. A registered Aboriginal cultural heritage place is also

an area of cultural heritage sensitivity.

Aboriginal Heritage Act 2006

Practice Note: Significant Ground Disturbance

Practice Note – Significant Ground Disturbance 2

If part of an area of cultural heritage sensitivity (other than a cave) has been subject to significant ground

disturbance that part is not an area of cultural heritage sensitivity.

If a Management Plan is required for an activity it must be approved before the sponsor can obtain any

necessary statutory authorisation for the activity and/or before the activity can start. For more information

about Cultural Heritage Management Plans see Aboriginal Victoria’s (AV) website:

http://www.dpc.vic.gov.au/index.php/aboriginal-affairs/aboriginal-cultural-heritage/cultural-heritage-management-plans.

Why should significant ground disturbance be assessed?

It is important to assess significant ground disturbance when considering whether a Management Plan is

required because:

A Management Plan does not need to be prepared for a high impact activity if all the area of cultural

heritage sensitivity within the activity area has been subject to significant ground disturbance.

Some types of activity will not be a high impact activity, meaning a Management Plan would not need

to be prepared, if the activity does not cause significant ground disturbance.

The Regulations specify the landforms and land categories that are areas of cultural heritage sensitivity.

Areas of cultural heritage sensitivity are displayed in a series of maps available on AV’s website. The

areas delineated on these maps however do not take account of the past history of land use and

development that may have caused significant ground disturbance in localised areas.

How is significant ground disturbance defined?

‘Significant ground disturbance’ is defined in r.4 of the Regulations as meaning disturbance of –

a) the topsoil or surface rock layer of the ground; or

b) a waterway –

by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not

include ploughing other than deep ripping.

The words ‘disturbance’, ‘topsoil’, ‘surface rock layer’, ‘machinery’, ‘grading’, ‘excavating’, ‘digging’,

‘dredging’, ‘ploughing’ (other than deep ripping) are not defined in the regulations and therefore have

their ordinary meanings.

The Victorian Civil and Administrative Tribunal (VCAT) has determined that the words “topsoil or surface

rock layer” include the former topsoil or former surface rock layer if that topsoil or surface rock layer is a

naturally occurring surface level that is readily ascertainable and does not include the current topsoil or

current surface rock layer if established by the mere filling of the land.

Ploughing (other than deep ripping) to any depth is not significant ground disturbance. Deep ripping is

defined in the regulations to mean ‘ploughing of soil using a ripper or subsoil cultivation tool to a depth of

60 centimetres or more’. None of the words used in this definition are defined, and therefore have their

ordinary meanings. VCAT has determined that a ripper or subsoil cultivation tool must be distinguished

from conventional ploughs or topsoil cultivation tools such as disc ploughs or rotary hoes which are not

sufficient to show significant ground disturbance.

Deep ripping will result in significant ground disturbance regardless of the degree of disturbance caused

to the topsoil or surface rock layer of the ground.

http://www.dpc.vic.gov.au/index.php/aboriginal-affairs/aboriginal-cultural-heritage/cultural-heritage-management-plans



Who needs to provide proof that land has been subject to significant ground disturbance?

The burden of proving that an area has been subject to significant ground disturbance rests with the

applicant for a statutory authorisation for the activity (or the sponsor of the activity). The responsible

authority may assist by providing the applicant access to any relevant records it has about past land use

and development.

How can a sponsor determine whether significant ground disturbance has occurred?

The responsible authority should require evidence of support for claims that there has been significant

ground disturbance of an area. The levels of inquiry outlined below provide some guidance about what

information should be required to satisfy a responsible authority (depending on the circumstances of

each case) that significant ground disturbance has occurred. The levels of inquiry are listed in order of

the level of detail that may be required. An assessment of whether significant ground disturbance has

occurred should be dealt with at the lowest possible level in order to avoid unnecessary delay or cost to

applicants.

Little weight should be given to mere assertions by applicants or land owners that an activity area has

been subject to significant ground disturbance.

Level 1 – Common knowledge

The fact that land has been subject to significant ground disturbance may be common knowledge. Very

little or no additional information should be required from the responsible authority.

For example, common knowledge about the redevelopment of a petrol station with extensive

underground storage tanks.

Level 2 – Publicly available records

If the existence of significant ground disturbance is not common knowledge, a responsible authority may

be able to provide assistance from its own records about prior development and use of land, or advise

the applicant about other publicly available records, including aerial photographs.

These documents may allow a reasonable inference to be made that the land has been subject to

significant ground disturbance.

In such event, no further inquiries or information would be needed by the responsible authority. The

particular records and facts relied upon should be noted by the responsible authority as a matter of

record.

For example, a former quarry site subsequently filled, but where the public records show the area of past

excavation.

Level 3 – Further information

If ‘common knowledge’ or ‘publicly available records’ do not provide sufficient information about the

occurrence of significant ground disturbance, the applicant may need to present further evidence either

voluntarily or following a formal request


from the responsible authority. Further evidence could consist of land use history documents, old maps

or photographs of the land or statements by former landowners or occupiers. Statements should be

provided by statutory declaration or similar means.

For example, the construction of a former dam on a farm.

Level 4 – Expert advice or opinion

If these levels of inquiry do not provide sufficient evidence of significant ground disturbance (or as an

alternative to level 3), the applicant may submit or be asked to submit a professional report with expert

advice or opinion from a person with appropriate skills and experience.

Depending on the circumstances, this may involve a site inspection and/or a review of primary

documents. If there is sufficient uncertainty some preliminary sub-surface excavation or geotechnical

investigation may be warranted.

An expert report should comply with VCAT’s practice note on expert evidence.

The responsible authority must be reasonably satisfied that the standard of proof presented by the

applicant shows that all of the land in question has been subject to significant ground disturbance.

A level 1 or 2 inquiry will commonly provide sufficient information as to whether or not the activity area

has been subject to significant ground disturbance, and a level 3 or 4 inquiry should not be required as a

matter of course.

There will be cases when the responsible authority is simply not persuaded or where there remains

genuine doubt about significance ground disturbance regardless of the level of inquiry. In these

circumstances the default position is that a Management Plan is required. This is in line with the purpose

of the Act and Regulations to provide for the protection of Aboriginal cultural heritage in Victoria.

Who can provide expert advice about significant ground disturbance?

A person needs to have expertise to decide, based upon an inspection of the land or interpreting primary

documents, whether the land has been subject to significant ground disturbance.

A cultural heritage advisor may not necessarily have this expertise. Under section 189 of the Act, an

advisor must have a qualification directly relevant to the management of Aboriginal cultural heritage such

as ‘anthropology, archaeology or history’ or have extensive experience or knowledge in relation to the

management of heritage. An advisor appropriately qualified in archaeology may be able to assist where

excavation is required to determine significant ground disturbance.

Other experts such as a land surveyor, geomorphologist or civil engineer could also have the necessary

expertise (depending on the circumstances). For example, a civil engineer should have the qualifications

and experience to determine the extent of previous engineering works along a watercourse or road, and

therefore the extent of significant ground disturbance.

What is the role of the responsible authority?

The responsible authority determines whether a Management Plan is required for an activity. It may

require the applicant to provide information to satisfy it that an area has been subject to significant

ground disturbance.


Evaluating information relating to the occurrence of significant ground disturbance may be critical in

deciding whether a Management Plan is required and therefore whether a statutory authorisation can be

granted. This question should be resolved at an early stage in planning a proposed development.

Applicants for statutory authorisations and the responsible authority should therefore seek to agree at an

early stage about whether a Management Plan is required. In the event of a dispute this can be brought

without delay to VCAT for resolution. The responsible authority should take care to document the steps

taken in each case.

What if Aboriginal cultural heritage is discovered in an area determined to have been subject to significant ground disturbance?

It is possible that there are Aboriginal cultural heritage places, objects or human remains within areas

determined to no longer be areas of cultural heritage sensitivity due to significant ground disturbance. It

is also possible that Aboriginal cultural heritage could be harmed by activities which do not amount to

high impact activities.

These Aboriginal places are still protected under the Act. In particular, it is an offence under sections 27

and 28 of the Act to harm Aboriginal cultural heritage unless acting in accordance with a Cultural

Heritage Permit or approved Cultural Heritage Management Plan (regardless of whether a Management

Plan was required).

* This Practice Note is based on VCAT’s determination about significant ground disturbance. For further details see VCAT, Reference No. P1020/2008 – Mainstay Australia vs Mornington Peninsula SC and Reference No. P1204/2010 – Colquhouns & Ors vs Yarra SC.


8.5 PLANNING APPLICATION 147/17 FOR THE USE AND DEVELOPMENT OF THE LAND FOR MINING (GOLD EXTRACTION) AND ASSOCIATED BUILDINGS AND WORKS

Author: Coordinator Statutory Planning



SUMMARY/PURPOSE

The purpose of this report is to brief the Council on planning permit application 147/17 for the use and development of the land for mining (gold extraction) and associated buildings and works within the Rural Conservation Zone and Land Subject to Inundation Overlay. This report to Council recommends the application be refused for failure to provide sufficient information to enable full assessment of the planning application.

Public notice of the application has been given and no objections were received.

The application has been assessed against the Planning Scheme and other relevant acts and it is considered that application did not contain the adequate information to allow the Planning Officer to make an informed decision.





This report has been developed in accordance with the Planning and Environment Act 1986 and the Central Goldfields Planning Scheme.

Other acts, regulations and codes of practices relevant to this application include:

Mineral Resources (Sustainable development) Act 1990

Code of Practice for Low Risk Mines, Ministerial Guidance, 21 June 2010

Code of Practice for Low Risk Mines, November 2014


Aboriginal Heritage Regulations 2018 (the Regulations)


The applicant, Department of Environment Land Water and Planning (DELWP), Department of Economic Development, Jobs, Transport and Resources (DEDJTR) and Council held an onsite meeting on 1 December 2016 to determine that the proposal is exempt from the requirements of an approved Work Plan (as mandated in sections 40 and 41 of the Mineral


Resources Act 1990). After the meeting DEDJTR concluded that the proposal was exempt from the Work Plan process and instead was required to comply with the Code of Practice for Low Risk Mines.

An application was submitted to Council on 15 November 2017 for the use and development of the land for mining and associated buildings and works at 104 Parkers Road, Moliagul. The subject site contains two parcels, Crown Allotment 23 and 24 Section 7 Parish of Painswick.

There are two prospecting licenses (PL) associated with the site, PL 006207 is associated with Lot 23 (west) and PL 006206 is associated with Lot 24 (east) (see attachment 1: site plan). Please note that the former prospecting licence and parcel are the subject of concurrent Council Report for planning application 146/17.

In May 2018 the Planning Officer requested further information from the applicant. The further information request sought an assessment of the Aboriginal Cultural Sensitivity Overlay and suggested that a Cultural Heritage Management Plan (CHMP) may be required, unless an exemption could be qualified. The applicant subsequently provided further information on 19 July 2018. This included a due diligence report completed by Noel Laidlaw, Mining Engineer, titled Submission to the Earth Resource Regulation Branch, Dept. of Economic Development, Jobs, Transport and Resources Cultural Heritage Management on Prospecting Licences 006206 and 006207, dated 4 June 2016 (attachment 2).

The applicant followed up with Council on the 17 December 2018 to obtain a status update. The applicant was advised there had been staff changes and the application had not progressed since the receipt of further information in July, 2018. By 10 January 2019, the Planning Officer had progressed with referral of the application and advertised to neighbouring properties.

On the 23 April 2019 the Planning Officer sent the applicant an email stating that the initial request for further information still stood. The Planning Officer explicitly stated that in order to justify that the CHMP was not required, the applicant needs to provide an assessment by a qualified professional as recognised under the Aboriginal Heritage Act 2006. This assessment will determine whether a CHMP is required, or the exemption applies.

On 29 May 2019 the applicant supplied a statutory declaration (attachment 3) regarding previous use of the land from John Ernest Royer Cahill of 59 Browns Lane, Emu Creek. Mr Cahill states that in July 1985 he took a journey to Parker Lane [sic] and crossed Burnt Creek to see a series of old mine workings being flattened by a D6 bulldozer. Whilst the holes were being backfilled, metal detecting was simultaneously carried out by the operators. The operators later showed Mr Cahill some small nuggets they had discovered onsite which were approximately 1-2 grams. The company, Bendigo Mining N.L. became South African controlled to Harmony Mining during the 1990’s and all pre-1995 material was lost. Therefore Mr Cahill is unable to officially substantiate these claims with photographs or documentation.

The purpose of this statutory declaration was to assert that the land has undergone previous significant ground disturbance, making an application to use and develop the site for the purposes of gold mining exempt from requiring a CHMP.

On 6 April 2020, the land owner made contact with Council’s Planning Department requesting a status update on the application. The Coordinator of Statutory Planning undertook a review of the file and provided feedback to the land owner that it was considered that advice from a suitably qualified expert was required to be submitted to either confirm that a CHMP is required or that the exemption will apply. The land owner was advised that the report and statutory declaration supplied previously was not considered to be adequate to address the matters at hand.


REPORT

The proposal seeks approval to use the site for the use and development of the land for mining (gold extraction) and associated buildings and works. This proposal is required to meet the requirements of a number of acts, including the Planning and Environment Act 1987, the Mineral and Resources Act 2006 and the Aboriginal Heritage Act 2006.

The Planning Officer is unable to determine whether the proposal is appropriate for the site without all the necessary information required for decision making. The information that is outstanding relates to how the proposal can respond to the requirements of the Rural Conservation Zone and the Aboriginal Cultural Heritage Sensitivity Overlay.

If an applicant can adequately demonstrate that significant ground disturbance has occurred on the site previously they can be exempt from preparing a CHMP. The Aboriginal Heritage Regulations 2018 are clear that there may be alternative evidence that an applicant can supply to demonstrate that significant ground disturbance has occurred, and that this evidence must comply with VCAT’s practice note (attachment 4) on expert evidence. If the delegated officer remains in doubt about the occurrence of ground disturbance, a CHMP is required.

The applicant has not supplied a CHMP, or provided sufficient information to meet the requirements of the Aboriginal Heritage Act and Regulations or the Central Goldfield Planning Scheme, therefore Council is unable to make a decision. Council is at risk of being in breach of Section 52 (1) of the Aboriginal Heritage Act 2006 which states that no statutory permissions should be granted before a CHMP has been completed, if one is required.

Proposal

The applicant seeks approval for the use and development of the land for mining (gold extraction) on Crown Allotment 24 Section 7 Parish of Painswick, 104 Parkers Rd, Moliagul.

The applicant proposes to use the site for alluvial mining for gold. The mining is proposed to be conducted by an ‘excavate and detect’ method. Trenches will be cut approximately 3m in width and up to 30m in length. These will be located across the gold lead. The material will be detected using a metal detector and then the material back filled into the previous pit. The applicant asserts that this method retains the amount of land that is open for mining as pits at a minimum, and assists in ensuring the land is rehabilitated.

When the pits are dug, the topsoil, humus and leaf litter are stockpiled and this material is retained to cover the disturbed areas prior to replanting.

The applicant proposes to replant the area with a mixture of grasses and understorey and trees. The applicant states that the existing native vegetation cover on the site will be retained.

The proposal was assessed by DEDTJR on the 1 December 2016 and it was determined that the proposal is required to comply with the Code of Practice for Low Risk Mines.

Site and Surrounds

The subject site is an irregular shape and consists of two parcels. The other parcel within the property is the subject of a subsequent Council report for planning application 146/17. The site is approximately 7 hectares and is bound by heavily vegetated crown land. Access to the site is through crown land via Parkers Road, Moliagul.


The northern to central section of the site has an intermittent creek passing through, known as Gypsy Creek. The creek is bound with large eucalyptus trees, the creek and surrounds are within the Aboriginal Cultural Heritage Sensitivity Overlay.

Planning Permit Trigger

Clause 35.06 Rural Conservation Zone (RCZ) use and development of the land for mining (Gold Extraction) and associated buildings and works.

Clause 44.04 works within the Land Subject to Inundation Overlay (LSIO).

Clause 52.08 Earth and Energy Resources Industry requires a planning permit for an application to use and develop land for mining.

General Provisions

Clause 66.02-5 Special Water Catchment

The subject site is located within a Special Supply Catchment. An application for works within a special supply catchment requires referral to Goulburn Murray Water (GMW).

State Planning Policy

State Planning Policy Framework

Clause 13 Environmental Risk and Amenity

Planning should aim to avoid or minimise natural and human-made environmental hazards, environmental degradation and amenity conflicts

Clause 13.03-1S Floodplain Objective

The protection of floodplain areas of environmental significance or of importance to river health. The supporting strategies include locating use and development that involve the storage or disposal of environmentally hazardous agricultural wastes outside floodplains unless site design and management is such that potential contact between such substances and floodwaters is prevented.

Clause 13.05-1s Noise Abatement

To assist the control of noise effects on sensitive land uses.

Clause 13.07-1S Land Use Compatibility

Safeguard community amenity while facilitating appropriate commercial, industrial or other uses with potential off-site effects.

Clause 14.02-1S Catchment Planning and Management

The objective of this Clause is to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment.

Clause 14.02 -2S Water Quality

The objective of this Clause is to protect water quality.


Clause 15.03 Aboriginal Cultural Heritage

The objective of the Clause is to ensure the protection and conservation of places of Aboriginal cultural heritage significance. Relevant strategies are to identify, assess and document places of Aboriginal cultural heritage significance, in consultation with relevant Registered Aboriginal Parties, as a basis for their inclusion in the planning scheme. Provide for the protection and conservation of pre- and post-contact Aboriginal cultural heritage places. Ensure that permit approvals align with recommendations of a Cultural Heritage Management Plan approved under the Aboriginal Heritage Act 2006.

Local Planning Policy

Clause 21.07 Industrial Development

The Clause recognises that major mining exploration is being undertaken in the Shire and that varying scales and types of gold mining ventures including fossicking and prospecting are still active in the Shire. Encouraging gold mining, exploration activities and operation of existing quarries within an appropriate environmental framework is a strategy to mitigate these issues.

Clause 21.09 Protection of Land and Water Resources

The Clause recognises that maintaining and protecting water quality and quantity in the Loddon and Avoca catchments is relevant and the following strategies are important:

Minimise the potential impact of existing and new developments to cause water pollution, land degradation, and risk of salinity and erosion.

Ensure land capability is taken into account in the assessment of land use and development proposals.

Promote water conservation practice in mining, industry and agriculture and wastewater management.

Zones and Overlays

Clause 35.06 Rural Conservation Zone


To conserve the values specified in a schedule to this zone.

To protect and enhance the natural environment and natural processes for their historic, archaeological and scientific interest, landscape, faunal habitat and cultural values.

To protect and enhance natural resources and the biodiversity of the area.

To encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality.

To provide for agricultural use consistent with the conservation of environmental and landscape values of the area.

To conserve and enhance the cultural significance and character of open rural and scenic non urban landscapes.


Clause 44.06 Bushfire Management Overlay (BMO)


To ensure that the development of land prioritises the protection of human life and strengthens community resilience to bushfire.

To identify areas where the bushfire hazard warrants bushfire protection measures to be implemented.

To ensure development is only permitted where the risk to life and property from bushfire can be reduced to an acceptable level.

Clause 44.04 Land Subject to Inundation (LSIO)

To implement the Municipal Planning Strategy and the Planning Policy Framework. To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority.

To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration has been made.

To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health.

Particular Provisions

Clause 52.08 Earth and Energy Resources Industry

To encourage land to be used and developed for exploration and extraction of earth and energy resources in accordance with acceptable environmental standards.

To ensure that geothermal energy extraction, greenhouse gas sequestration, mining and petroleum production are not prohibited land uses.

To ensure that planning controls for the use and development of land for the exploration and extraction of earth and energy resources are consistent with other legislation governing these land uses.

Referrals

The application was referred externally to the Department of Environment, Land, Water and Planning (DELWP), North Central Catchment Management Authority (NCCMA) and Goulburn Murray Water (GMW) and internally to the Engineering Department. The Reponses from each referral are detailed in the tables below.

Table 1- External referral to DELWP

DELWP Response

No objection to the permit being issued



Table 2- External Referral to NCCMA

NCCMA Response

North Central CMA, pursuant to Section 56 of the Planning and Environment Act 1987, does not object to the granting of a permit subject to the following conditions: 1. Prior to the commencement of any works, an exclusion fence must be installed to delineate a waterway exclusion zone of 50 metres, either side from the top of bank of the waterway. No works or fill material are permitted within the exclusion zone. Attached Map 20181499_20190117_A clearly displays the exclusion zone. 2. Spoil material must not be stockpiled within the area subject to flooding from a 1% Annual Exceedance Probability (AEP) flood event. Any spoil material retained on the property should be spread on the property in such a way that it does not substantially alter existing surface levels and flood flows.


Table 3- External referral to GMW

GMW Response

Based on the information provided and in accordance with Section 56 (b) of the Planning and Environment Act 1987, Goulburn-Murray Water has no objection to this planning permit being granted subject to the following conditions:

10. All operations must be undertaken in accordance with the requirements of the DEDJTR Code of Practice for Low Risk Mines (November 2014).

11. No extractive works are to be undertaken within 30m of Gypsy Creek to the north of the subject land.

12. Sediment control principles outlined in EPA Publication 275, Construction Techniques for Sediment Pollution Control (May 1991) must be implemented on the site to ensure that no sediment laden run-off is able to leave the site or be discharged to waterways or drainage lines. Sediment traps must be maintained to ensure their effectiveness.

13. Any stormwater run-off from the work area and any stockpile areas must be directed towards a sedimentation basin. Inlet and outlet structures must be appropriately beached to ensure that no erosion occurs and the basin must be periodically


cleaned of sediment to ensure it maintains capacity and functions appropriately.

14. The sedimentation basin must have the capacity to capture run-off and drainage from the quarry site in a one in ten year storm event.

15. Stormwater unaffected by the work site operations must be diverted around the site of operations as unconcentrated overland flow so as not to cause any erosion, channelling or discharge of sediment off-site.

16. Stockpiles of topsoil or extracted material must be either revegetated or stored in a manner whereby any run-off containing sediment is directed towards the sedimentation basin.

17. At the completion of all work activities, the site must be rehabilitated to prevent erosion and sediment transport off-site.

18. The use of water for the purpose of the mining operations will require a Take and Use licence.

Planning Officer comment: Within the response provided GMW commented on the lack of information provided within the application: The application does not contain an overall site plan showing the areas to be worked and contains no information about the timing of works, numbers of operators, sediment control measures or a description of how the extracted material from each panel is handled and processed. A copy of the relevant prospecting licence has not been supplied.

Table 4- Internal referral to Engineering

Engineering Response

Prior to the operation of the extraction industry the following must be undertaken by the applicant/owner to the requirements and satisfaction of the Responsible Authority:

2. Access:


5.3. Parkers Road must be upgraded from Dunolly-Moliagul Road to the property access (driveway). The road shall be constructed to suit Central Goldfields Shire’s adopted RA2 road standard (refer to appendix A of Council


Road Management Plan, see Council website). Works must be completed to the satisfaction of the Responsible Authority.

Figure 2 RA2 Standard Roadway


5.5. Any existing, or newly constructed, vehicular crossovers/driveways in Parkers Road must be to an all-weather gravel rural type (4 metres width) from road to property line over piped culvert, if required. (Refer Infrastructure Design Manual Standard Drawing 255).

5.6. Any new or modified property crossovers/driveways will require the owner/applicant to apply and have approved driveway crossing and/or consent for works permit/s for crossover/driveway/access works. All works constructed or carried out must be in accordance with the approved plans/permit(s).

5.7. Once constructed the crossovers crossovers/driveways/access must be thereafter maintained by the landowner to the satisfaction of the Responsible Authority.

6. Drainage

6.1. All stormwater from any un-rehabilitated cuttings must be accommodated and treated within the subject land. Treatment includes removal of sediments and contaminants

6.2. The owner/applicant must design a drainage system to contain and treat any stormwater from open cuttings then drain any treated water from to the legal point of discharge. This plan must be submitted to the Responsible Authority for approval.


6.3. A legal point of stormwater discharge (LPD) must be provided for the any treated water from the site discharging into the existing waterway running east to west through the site of the extraction operation works must be completed to the satisfaction of the Responsible Authority.

7. Landscaping:

7.1. The existing native vegetation along Parkers Road, is to be protected where possible during works and must not be damaged or removed, except with the permission of the Responsible Authority.

8. Asset Protection

8.1. At any time the permit holder must ensure that the operation and condition of Council and other public assets are not damaged by the construction works. If the Responsible Authority deems Council assets have been detrimentally affected or damaged by development construction access, then the assets will be required to be repaired and reinstated by the permit holder to the satisfaction of the Responsible Authority.

9. Sediment Control

9.1. The applicant / owner shall restrict sediment discharges from the site in accordance with Construction Techniques for Sediment Pollution Control (EPA1991) and Environmental Guidelines for Major Construction Sites (EPA 1995).


ASSESSMENT OF APPLICATION

Planning application 147/17 proposes the use and development of the land for mining (gold extraction) and associated buildings and works within the Rural Conservation Zone and Land Subject to Inundation Overlay.

The application is considered to be lacking in integral information required for the Planning Officer to make an informed decision. This information includes assessment against the Rural Conservation Zone, adequate information to allow an exemption from a CHMP being provided and in generally lacking in detail.

The documentation supplied with the application is not prescriptive in how site rehabilitation, sedimentation control (and the development of a basin) and extraction material will be managed. The site plan is lacking in detail with regards to vehicle access, nominated working


area, onsite operator numbers and management of staff, including staff facilities. Information regarding how extracted material would be handled and processed are integral to assessing how land degradation issues can be managed.

The proposal has not responded effectively to key provisions of the Aboriginal Heritage Act 2006. The Act requires permit applicants to prepare a CHMP if all or part of the activity is a listed high impact activity, resulting in significant ground disturbance, and if all or part of the activity area is an area of cultural heritage sensitivity, which has not been subject to significant ground disturbance.

This proposal is located in an area of cultural heritage sensitivity and as specified in the Aboriginal Heritage Regulations 2007 (Part 2, Division 5) is an activity which will cause significant ground disturbance.

If an area of cultural heritage sensitivity has been subject to ‘significant ground disturbance’, the area may no longer be an area of cultural heritage sensitivity. The Aboriginal Heritage Regulations (Regulations) do provide scope for applicants to demonstrate that this activity has taken place, such as common knowledge, public records, history documents, photographs, statutory declarations and expert advice from a professional with appropriate skills and experience. The Regulations state that the expert evidence must accord with VCATs practice note in expert evidence. In response, the applicant has supplied statutory declarations and a report written by a civil engineer who specialises in mining and was also listed as the applicant on the planning application form.

The applicant, Noel Laidlaw, prepared a report from his experience as a mining engineer to assert evidence that significant ground disturbance had occurred on the site in an attempt to exempt the proposal from requiring a CHMP. However, the Regulations and VCAT practice note state that ‘where expert evidence is provided in the form of a written report… it is important that the expert’s opinion is soundly based, complete, impartial, dispassionate and within the scope of his or her expertise’ (pg. 2 VCAT Practice Note). As he is listed as the applicant the evidence presented by Noel Laidlaw is not considered to be impartial.

Further, the Regulations assert that evidence must prove that all of the land in question has been subject to significant ground disturbance. However, in this instance, the Planning Officer still has doubts about the location and level of significant ground disturbance over the site. This contention has been clear and stated to the applicant several times over the course of the application’s history with opportunities to provide clear evidence or have a CHMP prepared extended- the most recent opportunity being in 2020.

The decision guidelines for use and development within the RCZ require the applicant to demonstrate a consideration of general planning, rural, environment and design and siting issues. The applicant has not submitted a works siting plan, rehabilitation plan or details regarding native vegetation protection or revegetation. This information is also required to be demonstrated as part of an application for a Low Risk Mine.

The schedule to the RCZ states conservation values such as:

Sustainable land management in water supply catchment areas.

The protection of water quality, particularly in the Loddon catchment.

The protection of the remaining vegetation, the encouragement of revegetation and the prevention of degradation of State forests.

The sustainable management of land and water resources including the prevention of salinity and erosion and the maintenance of water quality and quantity to ensure increased productivity and a healthy catchment.


It is noted that the site is located within an environmentally sensitive area and the applicant has not provided Council with information to demonstrate how the proposed use and development will not impact upon the site and surrounding area.


The application was advertised in 2017 with no objections received.


The assessment of planning permit applications is within the normal operational budget of Council.

Should any party appeal any decision that Council makes there would be a VCAT hearing. Additional costs will be incurred if a VCAT hearing occurs.

RISK MANAGEMENT

This report addresses Council’s strategic risk Governance - Failure to transparently govern and embrace good governance practices and Legislative compliance - Failure to manage our compliance with relevant legislative requirements

Council must ensure that planning applications provide sufficient information to make a legal decision. As discussed above, the application did not have sufficient information to make a decision or the required CHMP. The recommendation for refusal of the application addresses the legislative and governance risk associated with the application.

CONCLUSION

Planning application 147/17 does not contain adequate information to address the proposed mining within the Rural Conservation Zone or the requirements of the Aboriginal Heritage Act 2006 and therefor the Planning Officer is unable to make an informed determination on the application. The applicant has been informed a number of times that critical information is lacking, mainly that regarding the provision of a CHMP.

Council also needs to consider the obligation under Section 52(1) of the Aboriginal Heritage Act 2006 which states that:

The decision maker must not grant a statutory authorisation for the activity unless a cultural heritage management plan is approved under this Part in respect of the activity.

ATTACHMENTS

1. Site aerial photograph

2. Due diligence report by Noel Laidlaw, dated 4 June 2016

3. Statutory declaration dated 29 May 2020 John Ernest Royer Cahill of 59 Browns Lane Emu Creek

4. VCAT Practice Note: Significant Ground Disturbance


RECOMMENDATION

That Council issue a notice to refuse planning permit application 147/17 for the use and development of the land for mining (gold extraction) and associated buildings and works within the Rural Conservation Zone and Land Subject to Inundation Overlay at Crown Allotment 24 Section 7 otherwise known as 104 Parkers Road, Moliagul; based on the following grounds of refusal:

1. Failure to provide evidence as required by the Aboriginal Heritage Act 2006 and Aboriginal Heritage Regulation 2018 to adequately allow an informed determination on whether significant ground disturbance has occurred on the site.

2. Failure to provide sufficient information to allow the proposal to be assessed against the Rural Conservation Zone.