ordinary council · meeting of council, in relation to the shire’s policy on junk mail. the shire...

Ordinary Council

MINUTES

FOR THE MEETING TO BE HELD WEDNESDAY, 13 JULY 2016

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 13 JULY 2016

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Meeting Notice Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 13 July 2016, commencing at 5:30pm. Yours faithfully

GARY EVERSHED CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER

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


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

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

2. ATTENDANCE ........................................................................................................................... 6 2.1 APOLOGIES ............................................................................................................................... 6 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 6

3. DISCLOSURES OF INTEREST ................................................................................................. 7

4. PUBLIC QUESTIONS ................................................................................................................ 7 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 7 4.2. PUBLIC QUESTION TIME ......................................................................................................... 7 4.2.1 ITEM 11.2.2 EXTRACTIVE INDUSTRY LICENCE APPLICATION, LOT 9500

BURNSIDE ROAD - MS HELEN BRADBURY ........................................................................... 7 4.2.2 ITEM 11.2.2 EXTRACTIVE INDUSTRY LICENCE APPLICATION, LOT 9500

BURNSIDE ROAD - MS AMANDA SMITH................................................................................. 8

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

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 8 6.1 ORDINARY COUNCIL MEETING HELD 22 JUNE 2016 ........................................................... 8 7. DEPUTATIONS .......................................................................................................................... 9 7.1 Item 11.2.2 Extractive Industry Local Law Licence Applictaion – Lot 9500 Burnside

Road, Burnside – Ms Helen Bradbury ........................................................................................ 9 7.2 Item 11.2.2 Extractive Industry Local Law Licence Applictaion – Lot 9500 Burnside

Road, Burnside – Brenda and Roger Holland .......................................................................... 10 7.3 Item 11.2.2 Extractive Industry Local Law Licence Applictaion – Lot 9500 Burnside

Road, Burnside – Ms Ruth Young ............................................................................................ 13 7.4 Item 11.2.2 Extractive Industry Local Law Licence Applictaion – Lot 9500 Burnside

Road, Burnside – Mr Glen Ahola .............................................................................................. 14

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

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER....................................................... 16 9.1 ATTENDANCE AT SHIRE OFFICIAL FUNCTIONS ................................................................ 16

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

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

11.1. CHIEF EXECUTIVE OFFICER ................................................................................................. 17 11.1.1 CHIEF EXECUTIVE OFFICER ANNUAL PERFORMANCE REVIEW ..................................... 18 11.1.2 CEO PERFORMANCE TARGETS 1 JULY 2016 TO 30 JUNE 2017 ...................................... 24 11.1.3 CAPE REGION ORGANISATION OF COUNCIL (CAPEROC) MINUTES .............................. 27 11.1.4 NOTES FROM COUNCILLOR BRIEFINGS AND CONCEPT FORUM SESSIONS

FROM 27 JANUARY TO 22 JUNE 2016 .................................................................................. 31 11.1.5 2016 - 2017 ICON EVENTS FUNDING ALLOCATION ............................................................ 37 11.1.6 EXTENSION OF TERMS OF LICENCE AGREEMENT FOR ARTS MARGARET

RIVER INC. ............................................................................................................................... 56 11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 71 11.2.1 PROPOSED SALE OF LOT 26 LE SOUEF STREET MARGARET RIVER ............................ 72 11.2.2 EXTRACTIVE INDUSTRY LOCAL LAW LICENCE APPLICATION - LOT 9500

BURNSIDE ROAD, BURNSIDE ............................................................................................... 76

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 92 11.3.1 ADOPTION OF INTERNATIONAL CHARTER FOR WALKING .............................................. 93

11.4. CORPORATE AND COMMUNITY SERVICES ....................................................................... 96 11.4.1 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING REPORT - 10 MAY

2016 .......................................................................................................................................... 97 11.4.2 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 18 MAY 2016 ...................... 101


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11.4.3 SPORTS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES - 1 JUNE 2016 .............................................................................................................................. 104

11.4.4 MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING HELD ON 22 JUNE 2016 .................................................................................................................. 106

11.4.5 2016-17 COMMUNITY CONTRIBUTIONS ............................................................................ 108 11.4.6 CORPORATE BUSINESS PLAN 2016 - 2020 ....................................................................... 113

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ......................................... 117

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ..................................................... 117

14. NEW BUSINESS OF AN URGENT NATURE ....................................................................... 117 14.1. MEMBERS .............................................................................................................................. 117 14.2. CEO ........................................................................................................................................ 117

15. CONFIDENTIAL BUSINESS .................................................................................................. 117

16. CLOSURE OF MEETING .............................................. ERROR! BOOKMARK NOT DEFINED.


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Minutes of the Ordinary Council Meeting held on Wednesday 13 July 2016, in Council Chambers, Wallcliffe Road, Margaret River, commencing at 5.30pm.

Ordinary Council Meeting 1. DECLARATION OF OPENING

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

2. ATTENDANCE

Shire President : Cr Ian Earl North Ward

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

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

Director Infrastructure Services : Mr Johan Louw

Director Corporate and Community Services : Ms Annie Riordan

Manager Asset Services : Mr David Nicholson

Coordinator Legal Services : Mr Ian McLeod

Minute Secretary : Ms Claire Schiller MEMBERS OF THE PUBLIC 28

MEMBERS OF THE PRESS Augusta Margaret River Mail : Nil

Augusta Margaret River Times : Mr Declan Bush

2.1 Apologies

Nil

2.2. Approved Leave of Absence

Nil


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3. DISCLOSURES OF INTEREST

Nil

4. PUBLIC QUESTIONS

4.1. Response to Previous Public Questions Taken on Notice

4.1.1 Junk Mail – Mr Chris Whalley Mr Chris Whalley of Margaret River, asked the following question at the 22 June 2016 Ordinary Meeting of Council, in relation to the Shire’s policy on junk mail. The Shire President took the questions on notice. The Sustainability Planning Officer, Mr Jared Drummond, provided the response. Q: What is the Shire’s policy on junk mail? A: The Shire does not have a policy on junk mail. The distribution of advertising material is

carried out by the Australian Post on behalf of the Australian Catalogue Association.

If you do not want to receive advertising material, the first step you need to take is to attach a sign to your letter box such as ‘no advertising material’, ‘no junk mail’, ‘circulars only’. Free 'no junk mail' stickers are available by contacting Keep Australia Beautiful WA. If advertising material is placed in your letterbox when you have one of these signs you can contact the distribution companies within WA and request that this is stopped. The two distribution companies in WA are: • PMP Distribution: (08) 6399 2200 • Salamat: 1800 812 812

You will need to call these distribution companies and determine who is responsible for the material you are receiving and request assistance. They will then usually contact the local area coordinator to ensure delivery to you ceases.

4.2. Public Question Time 4.2.1 Item 11.2.2 Extractive Industry Licence Application, Lot 9500 Burnside

Road - Ms Helen Bradbury Ms Helen Bradbury of 229 Horseford Road, Burnside, asked the following questions in relation to Item 11.2.2 Extractive Industry Licence Application , Lot 9500 Burnside Road, Burnside: The Acting Director Sustainable Delopment provided the responses: Q1: If Councillors consider that a valid non-conforming-use right (NCUR) does not exist

and are therefore unable to grant a licence for the Burnside application, can you please advise the options available to the Shire and Councillors to rehabilitate the existing extraction areas (footprint) and the timeframe required to remedy the ensuing situation? The Council may take action under either s214 or 218 of the Planning and Development Act. The first being a direction to the landowner, the second being prosecution. The timeframes for completion of any remedial works as an outcome of this process are dependent on which of the options may be pursued and whether they are subject to any form of challenge.

http://www.kabc.wa.gov.au/contact


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Q2 Did all Councillors receive a copy of the document titled “Application for Extractive Industry Licence received on 9 June 2016” with their Agenda papers? (This document forms part of the recommendations that is referred to at 1(a) p 75 of the Agenda papers)

The information is available to Councillors but does not form part of the agenda, but has been summarised in the agenda report.

Q3 If not are the Councillors in a position to make a fully informed decision on this

Agenda item tonight? The Councillors will make that decision in relation to the relevant item.

NB Council resolved to defer consideration of this item at this meeting pending the consideration of further information

Q4 If not, has the application that the Shire received dated 9 June 2016 been duly signed

in accordance with 2.2(1) of the Local Extractive Industry Law 2014: by the applicant (M Gray), all directors of Margaret River Earth Cartage Pty Ltd (M& C Gray) the landowner (R Gray), any occupier (P Gray)?

The application form has been signed by all relevant parties.

Q5 Will the Sand & Gravel Staging & Excavation Plan in this 9 June 2016 application be

required to accurately document the creek lines as shown in Plan of Subdivision – WAPC 142748 (as seen in Attachment 1)?

There is some minor discrepancy between the identification of waterways on these two plans. This has sought to be addressed by conditions requiring setbacks from creeklines, include those that meet the definition of a waterway (defined bed and banks) within the extraction area. In addition physical separation is required from groundwater.

4.2.2 Item 11.2.2 Extractive Industry Licence Application, Lot 9500 Burnside Road - Ms Amanda Smith

Ms Amanda Smith asked the Followng Question In Relation To Item 11.2.2 Extractive Industry Local Law Licence Application, Lot 9500 Burnside Road, Burnside: Q1 Have the Shire purchased any gravel from Burnside?

The Director Infrastructure Services took the question on notice.

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

6.1 Ordinary Council Meeting held 22 June 2016

MOTION / COUNCIL DECISION CR SMART, CR KENNAUGH OM2016/129 That Council confirms the minutes of the Ordinary Council Meeting held 22 June 2016 to be a true and correct record of the meeting.

CARRIED 7/0


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7. DEPUTATIONS

7.1 Item 11.2.2 Extractive Industry Local Law Licence Applictaion – Lot 9500

Burnside Road, Burnside – Ms Helen Bradbury Ms Helen Bradbury of 229 Horseford Road, Burnside addressed the meeting in relation to Item 11.2.2 Extractive Industry Local Law Application – Lot 9500 Burnside Road, Burnside. A summary of her deputation is as follows:

I would like to thank the Shire officers for their contribution in providing the background to activities on Lot 9500/Sussex Location 482 and progressing the Lot 9500 Burnside Road extractive industries application to the stage we see in the Agenda tonight. Government agency reports have also raised a number of pertinent issues and I thank them for their valuable contribution - in particular the Department of Environmental Regulation, The Department of Water and the Department of Parks & Wildlife. Regardless of the outcome from tonight’s meeting I am aware we must all return home and continue to live together as members of the Margaret River communities. But I am also aware that some members of the community have felt intimidated to speak out for fear of the possible consequences to their future employment prospects in a small country location - and this greatly saddens me. However, I sincerely believe that the creation of Non Conforming Use Rights in 1985/ 1989 was never intended to endorse the extractive practices and degradation of rural land that we have witnessed escalating on this property over the last 10 years. I also believe that the applicant and land landowner do not have any such Non Conforming Use Rights and that these rights ceased when Subdivision for 20 rural residential lots was approved by the State Administrative Tribunal in 2007 - and had certainly extinguished by 2009 when the part approval of Burnside Park Subdivision was completed. The legal onus is on the landowner to establish that the non conforming use rights exit before this application can be considered. But in 2007 the landowner fully enjoyed the benefits of a decision made by the State Administrative Tribunal approving his subdivision of Sussex Location 482 in which half was zoned to “rural residential land and 20 rural residential lots” and the balance was to remain one rural lot. This application for subdivision was a significant change in the essential nature of the use of the entire Sussex Location 482. It significantly altered the use for the entire parcel of land.

• 20 rural residential lots were to be constructed with fencing and building envelopes serviced by electricity and telephone

• Burnside Road was going to be realigned, by constructing a new road through the middle of the then Sussex Loc 482, bituminized, and in doing so provided a safer deviation to Caves Road.

• Fire Management Plans were created

In this way there was a change to the essential nature of the use of this land. The fact that the full extent of this subdivision has not been completed is irrelevant in that the change in intended use took place at the time of the subdivision approval.


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The landowner’s intention has always been to change the use of the land and this is demonstrated by the determined efforts to pursue subdivision from 2000 -2007 going outside of the Shire & WAPC realms of rezoning and subdivision applications - and having it ultimately determined with conditions set by SAT. The change from non conforming uses by way of extractive industries, transport depots, dumping of material or whatever else the landowner or applicant might reported to have been doing - was very different to the essential nature of use that was approved for 20 rural residential lots, road access route and 1 balance rural property. This was the commencement of the considerable change to the nature of use of Sussex Location 482. Any change in the nature of the use, can also be measured by the amenity impact of land use changes. I do not believe that the amenity of rural residential lots can be likened in any way to rural commercial activities such as sand extraction and transport depots. The amenity impact from the change in the nature of use of this land from non conforming uses to subdivision was enormous. The amenity impact formed much of the debate from the Shire and is documented in Council Minutes from 2002 – 2006 because the change in use and amenity impact was going to be significant. The amenity impact factor was also acknowledged by SAT in 2007 – making a condition of subdivision as follows: “ (18) Notification in the form of 70A notification to be placed on the Certificates of title for the balance of Part Sussex Location 482 (80ha) created by the subdivision advising that rural activity undertaken on that lot should have regard to protecting the amenity of the residents living in the adjacent rural-residential area, in accordance with the Transfer of Land Act 1893, and notice of this restriction to be included on the Deposited Plan, to the satisfaction of the Western Australian Planning Commission and at the applicants cost (Local Government)” It is the principles of

• Essential changes in the nature of use of the land in a subdivision application and the • Impact on amenity of the land by subdivision that I believe extinguished any non conforming use right that may have existed between subdivision approval in 2007 and creation of titles to Lot 9500 and Lots 212-219 in 2009.

The intention of the landowner was always to significantly change the intended use of the property when he commenced subdivision proceedings in 2000. I believe the legal test to be that the essential nature of the land use changed by subdivision. This triggered the commencement of extinguishing all non conforming use rights, and the time now lapsed has well and truly extinguished any valid non conforming use right. For these reasons I believe the Councillors – with due respect – should determine that no valid non conforming use rights can be established and that the Shire should require the proponent to seek and obtain planning approval under LPS1 before commencing any further extractive industry activity.

The Shire President called for questions and then thanked Ms Bradbury for her deputation.


Burnside Road, Burnside – Brenda and Roger Holland Ms Brenda Holland and Mr Roger Holland of 265 Horseford Road, Burnside addressed the meeting in relation to Item 11.2.2 Extractive Industry Local Law Application – Lot 9500 Burnside Road, Burnside. A summary of their deputation is as follows:


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Roger Holland: • The Shire briefing on February 10th made it quite clear that all three Extractive Applications had a

Non Conforming Use Right. After this meeting we chose to seek legal advice in order to make the shire aware of our concerns.

• At the next briefing of May 25th the shire changed tack and said shire councillors must consider

what was the intent at Burnside Park. • The picture on the screen of the Burnside subdivision makes it quite clear to us that it was the

Gray's intention to sell some of the land as rural residential. A total of twenty lots. • The Gray's made it quite clear after the Shire Councillors rejected their application in 2003 that

they would challenge the Shire and chose to take the issue to S.A.T. to which they won. • That to us was clearly their intent!! • When the subdivisions of Forrest Hill and Burnside Park were granted title the shire did not inform

potential purchasers that a N.C.U.R. existed on Lot 9500. Enough to say that the land was designated Priority Agriculture. When you read all the Shire minutes relative to the Burnside Development from October 29th 2003 until the shire meeting of May 2006, the only mention of the land usage is priority agriculture. In the May Shire meeting it states that 'The portions of the subject land have and I emphasise have undergone basic raw materials (sand and gravel) extraction over many years.

• Two glaring errors seemed to have occurred from the above statement.

1. The Grays at no time told SAT or the WAPC they were using their land for extraction so they must have stopped extraction.

2. It is incumbent on the shire according to our legal advice to notify us, at the time of making a land purchase, as to what business was being conducted on lot 9500.

• The shire are now convinced that the Gray's had been working the land for some 30 years under

a NCUR. Why did the shire not make that known in Notification 70? We intend to seek legal advice regarding compensation from the shire as we have had to live with Mike Gray's noise, weekend work and dust from the beginning of 2012 until today.

• We do not believe Mike Gray has a NCUR. You are all aware of our barrister's letters written to

the shire. Needless to say we are in full agreement regarding the contents of those letters. • If we feel it is necessary we will discuss our legal options in challenging the Shire. • Finally, a comment has been made that the Gray's could take the shire to court and they do seem

to have a record of finding the shire at fault. It would be very difficult for them to argue for retaining their NCUR when they have already been to SAT and argued the case for a rural residential subdivision and retaining the rest of the land for farming.

Brenda Holland: • A licence can only be granted under Extractive Law if there is a NCUR over the land. • A NCUR is there to protect any business and allow it to continue when zoning or land usage

changes around them. If, for instance, in the year dot you bought a business intending to create and sell exclusive silver candelabras and then find through changes of zoning your business it not allowed in that zone, you can still continue and would be deemed to have a NCUR. In other words your business can continue even though it does not conform with zoning laws.

• There are, however, some conditions on your NCUR on your exclusive silver candelabra business

under LPS1. • It must be a continuous operation from 1998 and be operating at the time LPS1 became law


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(September 2010), • The business may stop operating for up to 6 months. Any longer and it would need to apply for

planning approval as a new operation, • The operation cannot be altered or extended. It must continue doing what it intended etc. • How do these 3 conditions affect NCUR on Lot 9500? • There are 2 operations on Lot 9500 and although emails from Nick Logan implied they were being

considered as 'one and the same' the Report separates them, so I will deal with them as 2 businesses.

• The first business is known as the cartage business / 'Transport Depot' / earthmoving sheds /

Margaret River Earth Cartage / Mike Gray's sheds and refers to the operation on Lot 211 in the middle of the rural residential subdivision – the rezoned land in the southern section of Lot 9500.

• The second operation is extraction that is on the Priority Agriculture land in the north of Lot 9500

and the subject of this application for a licence. I'm not aware of a name for this operation – or at least not one that could be stated here.

• The most important condition is the 3rd one. The first 2 conditions are important so I'll explain them

quickly. • The Transport Depot was in action before 1998 and operating in some form in 2010. • The extractive operation was not functioning in the area referred to in the Application. • The cartage business was probably continuous. The extractive operation may have have

functioned spasmodically and erratically – aerial photos over the years show how spasmodic it was – but not operating during 2009 when the land was for sale nor from mid 2010 – mid 2011 when we were building. Many people in Horseford and Freshwater are aware of the noise from late 2011 / early 2012.

• Condition 3: the operation cannot be altered or extended. • The Burnside Residents Action Group – through our barrister, Graham Castledine – challenged

the Shire over this issue and many others. For some reason unknown to me, the correspondence between Graham Castledine and the Shire has not been tabled and neither was any reference made to it in the Shire Officer's Report.

• That correspondence will form the basis of any court action against the Shire that BRAG and

other groups who wish to join us, will consider, if necessary. • LPS1 clearly states that an operation cannot be altered or extended. • The Shire took legal advice some years ago and cites 2 legal cases where it believed an

extractive industry with NCUR can be extended. Both cases rely on the fact that the INTENT was always to use the land for the same purpose – the land usage was never altered.

• In the case of Lot 9500 the land was bought for farming. The INTENT was to farm the whole of

Lot 9500 until 2003 when the landowner (Roy Gray) appealed to SAT to ALTER the use and allow 20 rural residential blocks and the balance of the land for farming. The Shire went to the Supreme Court so that it could be co-joined with Gray and be heard at SAT. At no time did the landowner or the Shire suggest to SAT or WAPC that any cartage or extractive industries existed or were intended on Lot 9500. SAT defined the use of the land as farming and rural residential. Any prior usage of the land was no longer lawful.

• Consequently, in 2006, the landowner was able to to go ahead with the Burnside Park 20 rural


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residential lots subdivision and continue with the current grazing and pastoral pursuits. • We have heard comments that the landowner, Roy Gray, may take take the Shire to SAT if this

Licence is not granted. That is ludicrous! He told SAT and the WAPC in 2004 - 2007 that he wanted the SAME LAND to have 20 rural residential lots and the balance of the land 'to continue with the current grazing and pastoral activities.

• We only request that The Shire abides by its own laws and recognises that: • NCUR on Lot 9500 no longer exists. • Therefore an Extractive Industry Licence cannot be granted. • Extractive industry has been operating on Lot 9500 without planning approval. • The landowner is required to 'make good' and rehabilitate the land. • Interestingly, Nick Logan says that it is at the Councillors discretion to pursue compliance action!! • I would like to thank Councillors – past and present – for listening to our concerns over the past 4

years. The time you need to spend on this issue alone, never mind all that comes before Council, I find overwhelming. Thank you.

The Shire President called for questions and then thanked Mr and Mrs Holland for their deputations.


Burnside Road, Burnside – Ms Ruth Young Ms Ruth Young of 128 Freshwater Drive on behalf of a number of property owners who reside on Freshwater Drive, Burnside addressed the meeting in relation to Item 11.2.2 Extractive Industry Local Law Application – Lot 9500 Burnside Road, Burnside. A summary of her deputation is as follows:

• Mike Gray is operating a business on land zoned for rural use • The Heavy Construction Materials Industry states: Sand and Gravel extraction is Basic Raw

Material Extraction forming part of the Heavy Constructi on Materials Industry. • Heavy industry does not constitute rural pursuits nor is Heavy Industry conducive to a

rural residential lifestyle. • Adjacent and neighbouring subdivisions, zoned rural residential including Burnside Park,

Forrest Hill and Woodyche Falls Estate, are impacted by the nonconforming use by a heavy industry operator on rural land.

• Residents on Freshwater Drive are impacted in a number of ways particularly noise,

truck movements and environmental concerns: • In the noise impact report, there is no accounting for the local topography – the valley in

Freshwater Drive that forms a natural amphitheatre in which noise from extraction - heavy machinery, air brakes and particularly the gravel screening plant causes a serious noise nuisance to residents. Prevailing winds from the West and Norwest accentuate this noise further.

• Mike Gray's trucks are a cause for major concern -the trucks often carry illegal uncovered

loads that cause visibility issues from flying debris to other road users including drivers, cyclists and pedestrians.


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• Oncoming vehicles have been pushed off the road, including the school bus, as the trucks often drive in the middle of the mad and expect other users to move out of the way. This has happened to both myself and my husband and when we have had our small children in the car.

• This behaviour is not only dangerous, but illegal too. • The extraction is carving out an ugly moonscape - Mike Gray should have already

revegetated and planted buffers along Caves and Burnside Road, in fact the new Burnside Road which should have been built through to Caves Rd by Mike Gray is still pending.

• There is a local diverse fauna population that has not been discussed in the application including Giant Spider Orchids, Brush Tailed Possums, Ring Tailed Possums, Western Pygmy Possums and Red- Tailed Phascogales. Anecdotally I can state that there was an increase in Phascogale sightings in the area around 2010, which declined again a while after, which goes hand in hand with the ceasing of extraction and subsequent ramping up of operations - neither myself or my husband have seen a Phascogale for about 3 years now. I don't think that this is a coincidence.

• The Grays cannot have it both ways by selling land for subdivision, stopping extracting whilst the land sales were going through in 2009/2010 to make money on land sales, then to continue to make money by recommencing the extraction business.

• The Shire cannot approve subdivisions and the rural residential growth in the area, gain increased revenues from rates and allow for those residents to be compromised by having a heavy industry on their doorstep.

• We don't believe that if a licence is issued with clauses and restrictions that Mike Gray will adhere to them. He has shown total disregard for the community around him, the law and the Shire Counci l so far, so what is to stop him from continuing to behave and operate his business this way. We believe that he will continue to flaunt any restrictions placed upon him and it will become impossible for the council to monitor conformity.

• As Councillors who are elected by rate payers we are appealing to your sound moral judgement and to exercise the law that stands in your favour to not issue a licence for the nonconforming use of this rural land for Sand Extraction.

The Shire President called for questions and then thanked Ms Young for her deputation.


Burnside Road, Burnside – Mr Glen Ahola Mr Glen Ahola of Ahola Planning, addressed the meeting in relation to Item 11.2.2 Extractive Industry Local Law Application – Lot 9500 Burnside Road, Burnside. A summary of his deputation is as follows:

• It is acknowledged that the assessment of this Extractive Industry Licence Application has taken considerable time and resources in outlining the background and demonstrating that the site has existing non-conforming use rights in relation to the extractive industry operations.

• We also wish to emphasize that this process has been stressful, time consuming and costly on

behalf of the operator and the landowners. • As referenced in a letter to all councillors from the landowner, the operator purchased the

earthmoving business in 1983 from Colin Yates and moved all the machinery (truck/loader/tractor) to the existing farm sheds. Since that time the business has been in continual operation undertaking various services including earthmoving activities off site (ie levelling of sites, clearing


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and removing of unwanted material from building sites and hiring of equipment to undertake such services off site).

• Running parallel with these activities is the continual sand and gravel extractive activities on the

property that has taken place on-site. • Both the operator and the landowner are absolutely certain that the sand and gravel extractive

activities and the other off-site earthmoving activities contain non-conforming use rights. • However, this application relates to the non-conforming use right relating specifically to the on-site

extractive industry activities. As outlined in our Extractive Industry Application, the operator has been continuously excavating of sand, grit and gravel on the land and supplying these products to the surrounding locality for more than 30 years.

• The Extractive Industry operations on site represent a specific land use that has non-conforming

use rights. It is clear that Council legal and planning staff hold this opinion (as well as the operator and landowner) noting that this site, in addition to two other sites in the Shire, has historically been identified to contain pre-existing use rights to continue extraction activities;

• As a result, Council proceeded to prepare, and have gazetted, their Extractive Industry Local Law

in 2014. This local law was specifically targeted to those extractive industry operations that Council has previously acknowledged to have non-conforming use rights. The Local law’s intent was to provide a mechanism where Council can impose a licence thereby having the ability to suitably monitor these three extractive industry operations by way of fair and reasonable conditions;

• The opportunity now exists to ensure that the balance extractive industry operations and the associated rehabilitation of the site will take place in accordance with the application and the related conditions;

• As agreed by the operator with Council staff, conditions have been included to ensure no

maintenance of machinery or activities associated with the extractive industry occur in the outbuildings and that all machinery associated with the extractive industry, with the exception of the mobile screening plant, shall be relocated from outbuildings adjacent Lot 212 and 214 by the end of 2016. This will assist in reducing the noise (of which noise modelling already demonstrates that the extractive operation clearly complies with associated noise regulations) and associated activities related to the extractive industry;

• The operator aims to maintain vehicle access through to the extraction area from the end of

Burnside Road until all extraction works and remediation works (particularly relating to Stage 1-3) are completed. This entry point provides a level ‘at grade’ access and enables trucks to move continuously on and off site without needing to stop. It also provides the most efficient access to the southern resource location (comprising Sand and Gravel Excavation Sites for Stage 1-3).

• It is important to note that:

- this application relates to the extractive industry non-conforming use rights applicable to the site and has seen Council request in writing for the operator to prepare an application that has addressed all matters listed in Council’s Local Law 2014;

- Extractive Industry activities in the southern portion of the site (located closer to existing rural residential residences) is proposed to be completed and rehabilitated by the end of 2018; and

- the conditions provided will assist in reducing the noise and activities related to the

extractive industry operation and ensure the site is suitably rehabilitated;

• We consider that approval of the Extractive Industry Licence would be in the best interest for all parties in providing more certainty with regard the ongoing use and rehabilitation of the extractive Industry activity.


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

8. PETITIONS

Nil

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER 9.1 Attendance at Shire Official Functions

The Shire President represented the Shire at various official functions including: 27 June: The opening of the Augusta Rec Centre Gym 29 June: Attended Gnarabup Basketball Court Opening 1 July: Regional Development Minister Terry Redman announced the funding of a $1.5

million grant to improve current facilities at the Cape Leeuwin and Naturaliste Lighthouses

7 July: Attended and participated in Library Cocoon Photoshoot 9 July: Attended and particpated in the DejaMoo event in Cowaramup 11 July: Attended the presentation of a cheque to Creative Emergence at the Margaret River

Education Campus by Minister Redman The Shire President also attended a launch of ‘Just Another Day in WA’ - Tourism WA Campaign which included the release of the following videos: The Local Stingrays of Hamlin Bay - https://www.youtube.com/watch?v=nEeGpV7qb6w Down a Cave in Margaret River - https://www.youtube.com/watch?v=RaJKQKKu-q8

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS

https://www.youtube.com/watch?v=nEeGpV7qb6w

https://www.youtube.com/watch?v=RaJKQKKu-q8


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11.1. Chief Executive Officer


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11.1.1 CHIEF EXECUTIVE OFFICER ANNUAL PERFORMANCE REVIEW LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE VTL/298 REPORT AUTHOR Gary Evershed, Chief Executive Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer The CEO discloses a financial interest in this report as it relates to his principal source of income as the CEO of the AMRSC. IN BRIEF • The Local Government Act requires all employees to have a performance review at least once per

year. • The CEO is the elected Council’s only employee and so Council is required to review the

performance of the CEO annually. All other performance reviews are done by the CEO, the Directors and the line managers of Shire staff.

• Annual performance reviews are conducted at the AMRSC at the end of the financial year to align with the Corporate Plan and the annual budgeted program of works and services.

• The CEO’s performance reporting period for the past year is from May 2015 to June 2016 to bring it into alignment with other reviews.

• The CEO is requesting Council to confirm the method of appraisal prior to the commencement of the process as required in the CEO’s contract.

RECOMMENDATION That Council undertakes an annual performance review of the CEO’s performance from 1 May 2015 to 30 June 2016. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The CEO commenced employment with the Shire on 20 October 2008. Council has conducted annual CEO performance reviews each year since 2008. The CEO’s review was for the period from 1 May to 30 April each year against an agreed set of performance indicators adopted by resolution of Council. Last year this was changed to avoid duplication of effort by moving to a financial year reporting period. The completion of the performance review allows the finalisation of salary negotiations for the new financial year as part of the budget cycle rather than coinciding with the CEO’s anniversary date in October. Council and the CEO agreed on Performance targets in May 2015 for the reporting year 1 May 2015 to 30 June 2016 which are included in the attachments. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil


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DISCUSSION / OFFICER COMMENTS The Council is required to assess the performance of the CEO as its only employee annually. The CEO presented a suite of performance targets which were adopted by agreement with Council last year. The reporting period finished on 30 June 2016. The CEO’s contract of employment under clauses 4.2 to 4.4 outlines the process to be followed in the Review, as follows: 4.2 Performance Reviews

The CEO’s performance under this Agreement must be reviewed by the Reviewer: (a) At least annually and completed in or before July each year; and

(b) More frequently if the Council or the CEO perceives there is a need to do so and, in that

case, gives to the other party a Review Notice.

4.3 Selection of the Reviewer The Council in consultation with the CEO is to determine, in respect of each performance review under this clause: (a) whether the reviewer is to be:

(i) The Council; (ii) A committee to which the conduct of the performance review has been delegated

by the Council under section 5.16 of the Act; or (iii) A person or body who has been authorised by the Council to conduct the

performance review; and

(b) whether the Reviewer is to be accompanied by any other person and, if so, the identity of

that person.

4.4 Procedure

(1) Subject to any alternative procedure agreed between the Shire and the CEO, a performance review under this clause must include the following procedures: (a) the CEO must give the Council at least one month’s written notice of when his or her

performance review is required;

(b) the Council must decide, under clause 4.3, who is to conduct the performance review and must give the CEO at least 10 working days’ notice in writing of when the performance review is to be conducted and who is to conduct it;

(c) within 14 days after being given notice under paragraph (b), the CEO must prepare a report assessing his or her performance against the Performance Criteria, and give that report to the Reviewer;

(d) the CEO and the Reviewer will discuss the process and timing of the performance

review, which must include at least one interview session that provides for mutual discussion and feedback;

(e) the CEO will ensure his or her availability for the performance review as reasonably

required by the Reviewer;


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(f) the CEO may be accompanied, at an interview session by any other person nominated by the CEO;

(g) within 1 month of the conclusion of the performance review, the Reviewer must

prepare a report, in consultation with the CEO, to be signed by both the Reviewer and the CEO, that includes;

(i) conclusions about the CEO’s performance during the period covered by the

performance review;

(ii) any proposal by either party to amend the Performance Criteria as a consequence of the performance rview;

(iii) any directions or reccommendations made to the CEO in relation to the future

performance by the CEO; and

(iv) details if the extent, if any, to which the CEO disagrees with any statement in the report.

(h) that report must then be submitted to the Council for consideration; and

(i) under regulation 18D of the Local Government (Administration) Regulations 1996, the

Council is to accept the report, with or without midifications, or is to reject the report.

(2) Reports and other documentation prepared under, or for the purposes of, this clause are to be treated by the parties as confidential.

The CEO does not believe that an external consultant is required at this point in time due to the relative straight forward nature of the process proposed and the relatively stable governance of the Shire at the present moment. Alternatively the Council can appoint an independent consultant and which often involves a much more sophisticated review instrument using several key result areas at a cost of approximately $5,000. The methodology and timeframes proposed for the performance review is as follows:

1. CEO provides self assessment and statement of performance against the adopted performance targets and provides copies to all Councillors (15 July) and a summary of key achievements.

2. Councillors assess CEO performance on the following rating scale:

Performance Ratings Outcomes

Outstanding 86% to 100%

Outstanding Performance - Exceeds agreed performance targets and exceeds or equals industry benchmarks. Outstanding level of Council, community and staff confidence. Excellent contribution to the wider community and industry, including participation in wider industry networks, conferences, presentations and awards which enhance the reputation of the AMRSC Council and staff.

Highly Satisfactory 71-85%

Highly Satisfactory Performance - Strong achievement of majority of performance targets. Achieves best practice standards when benchmarked against other local governments. High level of Council, community and staff confidence. High degree of positive external recognition within the community and industry networks.

Satisfactory 50 to 70%

Sound performance - Achieves objectives or there are explained variations for not meeting targets. Minimal negative publicity or unresolved issues generated. Satisfactory level of Council, community and staff confidence.


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Unsatisfactory 26 to 49%

Fails to meet over half the performance standards and targets with an accompanying loss of reputation and confidence within AMRSC. Absence of explained variations and mitigating circumstances. Low level of Council, community and subordinate confidence.

Poor performance 0 to 25%

Fails to meet most performance standards and targets. Significant loss of reputation and confidence is suffered. Negative publicity and loss of reputation within AMRSC and in wider industry. Minimal confidence from a Council, community and staff perspective.

3. Councillors send ratings to Shire President with any comments including positive feedback,

constructive criticism, any identified deficiencies in performance which can be supported by factual information, any identified opportunities for professional development and any identified improvement opportunities for the CEO (29 July).

4. President prepares confidential draft report and provides copy to Councillors for feedback and

finalisation (5 August). 5. President finalises draft report giving due consideration to any Councillor feedback and

provides copy to CEO and Councillors (8 August). 6. CEO provides comment and feedback on the draft report on any areas of disagreement or

any further explanations and mitigating circumstances which may be applicable. 7. Council meet to discuss review independently of CEO and then with the CEO in a closed

meeting on the afternoon of Wednesday (17 or 24 August). 8. Report is finalised for the Council meeting and will be included as a confidential attachment.

Council completes review by adopting resolution (24 August).

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2014-2018 The Local Government Act requires the performance of each and every employee including the CEO to be reviewed a minimum of each year. A local government is to consider each review on the performance of the CEO carried out under section 5.38 and is to accept the review, with or without modification, or to reject the review. The Council is also required to pass a resolution which records the outcome of that review. Depending on the above ratings scales the Council may adopt the following resolutions:

Performance Ratings Appropriate Resolution Outstanding 86% to 100%

That Council adopts the review of the CEO’s performance for the period of 1 May 2015 to 30 June 2016 contained in the confidential attachments and notes the rating of outstanding performance.


That Council adopts the review of the CEO’s performance for the period of 1 May 2015 to 30 June 2016 contained in the confidential attachments and notes the rating of highly satisfactory performance


That Council adopts the review of the CEO’s performance for the period of 1 May 2015 to 30 June 2016 contained in the confidential attachments and notes the rating of satisfactory performance.


That Council adopts the review of the CEO’s performance for the period of 1 May 2015 to 30 June 2016 contained in the confidential attachments and the proposed actions arising from the review. .


That Council adopts the review of the CEO’s performance for the period of 1 May 2015 to 30 June 2016 contained in the confidential attachments and the proposed actions arising from the review.


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STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective Leadership and Governance Community Outcome 4: Highly skilled and motivated people Strategic Response 4.1: Recruit, train and retain high achieving employees Service level strategy/plan 4.1.1: Implement employee development and growth program PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council undertakes a review of the CEO’s performance for the period 1 May 2015 to 30 June 2016 in accordance with the following methodology: 2016 CEO PERFORMANCE REVIEW METHODOLOGY AND TIMEFRAME 1. CEO provides self assessment and statement of performance against the adopted performance

targets and provides copies to all Councillors (15 July) and a summary of key achievements.










Fails to meet over half the performance standards and targets with an accompanying loss of reputation and confidence within AMRSC. Absence of explained variations and mitigating circumstances. Low level of Council, community and subordinate confidence.




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3. Councillors send ratings to Shire President with any comments including positive feedback,

constructive criticism, any identified deficiencies in performance which can be supported by factual information, any identified opportunities for professional development and any identified improvement opportunities for the CEO (29 July).

4. President prepares confidential draft report and provides copy to Councillors for feedback and finalisation (5 August).

5. President finalises draft report giving due consideration to any Councillor feedback and provides copy to CEO and Councillors (8 August).

6. CEO provides comment and feedback on the draft report on any areas of disagreement or any further explanations and mitigating circumstances which may be applicable.

7. Council meet to discuss review independently of CEO and then with the CEO in a closed meeting on the afternoon of Wednesday (17 or 24 August).

8. Report is finalised for the Council meeting and will be included as a confidential attachment. Council completes review by adopting resolution (24 August).

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. CEO Performance Targets

RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR TOWNSHEND OM2016/130 That Council undertakes a review of the CEO’s performance for the period 1 May 2015 to 30 June 2016 in accordance with the following methodology: 2016 CEO PERFORMANCE REVIEW METHODOLOGY AND TIMEFRAME 1. CEO provides self-assessment and statement of performance against the adopted

performance targets and provides copies to all Councillors (15 July) and a summary of key achievements.










Fails to meet over half the performance standards and targets with an accompanying loss of reputation and confidence within AMRSC. Absence of explained variations and mitigating circumstances. Low


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level of Council, community and subordinate confidence.



3. Councillors send ratings to Shire President with any comments including positive

feedback, constructive criticism, any identified deficiencies in performance which can be supported by factual information, any identified opportunities for professional development and any identified improvement opportunities for the CEO (29 July).

4. President prepares confidential draft report and provides copy to Councillors for feedback and finalisation (5 August).

5. President finalises draft report giving due consideration to any Councillor feedback and provides copy to CEO and Councillors (8 August).

6. CEO provides comment and feedback on the draft report on any areas of disagreement or any further explanations and mitigating circumstances which may be applicable.

7. Council meet to discuss review independently of CEO and then with the CEO in a closed meeting on the afternoon of Wednesday (17 or 24 August).

8. Report is finalised for the Council meeting and will be included as a confidential attachment. Council completes review by adopting resolution (24 August).

CARRIED 7/0 11.1.2 CEO PERFORMANCE TARGETS 1 JULY 2016 TO 30 JUNE 2017 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE VTL/298 REPORT AUTHOR Gary Evershed, Chief Executive Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer The CEO discloses a financial interest in this item under section 5.70 of the Local Government Act (LGA) as the position of CEO provides the CEO with his principal source of income. IN BRIEF • Council is required to set performance criteria on which the CEO’s annual performance review is

based as outlined in the CEO’s employment contract. • The CEO performance targets should be an integral part of the Integrated Planning and Reporting

(IPR) system rather than a separate parallel process. • The performance criteria and the CEO accountability should therefore be linked to the

achievement of highest level strategic projects and programs which align with the Community Strategic Plan 2033 and the Corporate Plan 2016-20 which have been adopted by Council and are informed by strategic planning workshops attended by Councillors.

• A new suite of performance targets is recommended for adoption for the reporting period from 1 July 2016 to 30 June 2017.

RECOMMENDATION That Council adopts the CEO Performance Targets for 1 July 2016 to 30 June 2017 as included in the attachments to the Council meeting of 13 July 2016.


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LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Council is required to review the performance of the CEO annually. The performance review is to be based on the performance criteria attached to the CEO’s contract of employment. Council will shortly be evaluating the CEO’s performance against the criteria adopted for the 2015-16 reporting period from May 2015 to June 2016. A new suite of performance targets has been established by extracting the key items from the Corporate Plan adopted by Council and the proposed budget for 2016-17. Adoption of CEO targets from the Corporate Plan will:

• Ensure the alignment of the CEO’s targets with the strategic direction of the organisation. • Ensure that the higher level strategic items receive priority in the next year. • Ensure that CEO targets are Council adopted and shared by all Councillors rather than

selected from individual Councillors personal priorities which are not supported by the majority of Councillors.

The CEO and Council need to agree on any new targets before implementation and the Council needs through the budget process to provide the CEO with sufficient resources to achieve the outcomes in terms of staffing and finance. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation The CEO has formulated the draft targets taking into account the draft Corporate Plan 2016-20, which is also on the agenda for the this Council meeting (13 July 2016), and the 10 year Long Term Financial Plan, which was recently revised and adopted by Council. DISCUSSION / OFFICER COMMENTS The great Italian painter Michelangelo once said, “The greater danger for most of us lies not in setting our aim too high and falling short; but in setting our aim too low, and achieving our mark.” This is true when setting performance targets where given a climate of supportive and encouraging governance stretch targets can be set as opposed to more easily achieved outcomes. The suite of targets presented is considered to be challenging and requiring good coordination and delivery of some complex projects and programs. There is likely to be explained reasons unknown at this stage and beyond the control of the CEO for some targets not to be met but the CEO’s best endeavours will be applied to achieve all targets. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The LGA states under section 5.38 “The performance of each employee who is employed for a term of more than one year, including the CEO and each senior employee, is to be reviewed at least once in relation to every year of the employment.” The CEO’s contract includes the following clauses: “The CEO must use every reasonable endeavour to comply with the performance criteria. (Clause 4.1)” “The performance criteria may be amended, from time to time, by agreement in writing between the parties.” (Clause 4.5)


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STRATEGIC PLAN Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective Leadership and Governance Community Outcome 4: Highly skilled and motivated people Strategic Response 4.1: Recruit, train and retain high achieving employees Service level strategy/plan 4.1.1: Implement employee development and growth program POLICY IMPLICATIONS The ongoing review of policies is envisaged as part of the performance plan. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Targets require a budget allocation and where grant funds are to be utlilised, confirmation of the receipt of income is required prior to the commencement of the project. SUSTAINABILITY IMPLICATIONS The performance targets are developed from the Corporate Plan which has a triple bottom line approach to the integration of economic development, environmental protection and social advancement. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council adopts the CEO Performance Targets for 1 July 2016 to 30 June 2017 as included in the attachments to the Council meeting of 13 July 2016. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. CEO Performance Targets for 1 July 2016 to 30 June 2017.

RECOMMENDATION CR , CR That Council adopts the CEO Performance Targets for 1 July 2016 to 30 June 2017 as included in the attachments to the Council meeting of 13 July 2016.

0/0 Cr Townshend moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DECISION CR TOWNSHEND, CR LANE OM2016/131 That the item be deferred.

CARRIED 7/0 Reason for deferral: The CEO is our only employee and because it's the most important position in the Shire, the KPI's are very important. I would like an opportunity for Councillors to ensure the targets are comprehensive.


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11.1.3 CAPE REGION ORGANISATION OF COUNCIL (CAPEROC) MINUTES LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/22 REPORT AUTHOR Megan Smith, Executive Assistant AUTHORISING OFFICER Gary Evershed, Chief Executive Officer IN BRIEF • Councils of the Shire of Augusta Margaret River and the City of Busselton established a Voluntary

Regional Organisation of Councils known as the Capes Region Organisation of Councils (CapeROC).

• The CapeROC meets on a quarterly basis, to discuss and identify opportunities to enhance the capacity of both local governments in delivering social, economic and environmental benefits to their communities and the region.

• Decisions made at the CapeROC meetings to date are presented to Council to be noted or endorsed for action.

RECOMMENDATION That Council notes the CapeROC Meeting Minutes dated 26 May 2016 and the recommendations made at the meetings. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Councils of the local governments of Augusta Margaret River (AMR Shire) and City of Busselton (CoB) resolved to reactivate and formalise the Voluntary Regional Organisation of Councils to be known as the Capes Region Organisation of Councils (CapeROC). The objectives of the CapeROC, contained in the Terms of Reference adopted 24 September 2009, are outlined below: • To explore opportunities to foster economic development in the Capes Region; • To explore avenues to foster tourism in the Capes Region and improve the coordination of major

regional events; • To safeguard, strengthen and grow the Margaret River and Geographe brands; • To explore opportunities to undertake projects of mutual benefit to the two local governments e.g.

Rails to Trails network; • To develop opportunities to undertake capacity building activities for Councillors and staff in the

two local governments; • To explore opportunities to develop funding submissions on a regional basis; • To evaluate possible resource sharing arrangements between the two local governments; • To identify skill shortages and to undertake workforce planning on a regional basis; • To explore opportunities to simplify and standardise policies in the region where appropriate; • To consider the feasibility of establishing a Capes Regional Council. The CapeROC meets on a quarterly basis or as required. Twenty four meetings have taken place since the formation of the body. The meeting proceedings are conducted in accordance with the accepted rules of conduct for the two local governments Council and Committee meetings.


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The CapeROC has no delegated powers and is a facilitation, advocacy and advisory body established to assist both Councils to achieve greater effectiveness and efficiency. CapeROC decisions made are not binding to the two Councils and require endorsement by either Council. This report presents a summary of the CapeROC decisions at the relevant meeting and proposes that Council notes and endorses the decisions for action. CONSULTATION AND ADVICE External Consultation • CEO, City of Busselton • Events Coordinator, City of Busselton • Director, Engineering and Works Services, City of Busselton • Manager, Waste and Fleet Services, City of Busselton Internal Consultation • Acting CEO, Shire of Augusta Margaret River • Marketing and Events Officer, Shire of Augusta Margaret River DISCUSSION / OFFICER COMMENTS CapeROC members discussed a number of issues which included updates and progress on budgeted projects and strategies at the meeting held on 26 May 2016. Business Arising from Previous Meetings District Tours. Planning for the tours to be reconsidered when major projects are closer to completion. Tourism Directional Signage Update The Events Coordinator, CoB presented an update on the project. Actions from the previous meeting have been taken as follows:

• The Shire of Augusta Margaret River reviewed the CoB report and resolved to generally support the proposal, with some issues around branding, text size and design to be resolved.

• The CoB lodged an application for Royalties for Regions funding with the support of the Margaret River Wine Association. The application is being reviewed and the results will be known in early July. A meeting was held with the CoB, the Shire, MRBTA and MRWA in attendance and a presentation on the signage review given. MRWA supported the proposal in general, with discussion around the use of some symbols. An MOU is still to be reached.

• The MRWA is proposing to hold a competition around the design and commissioning of a public art installation/entry statement at the intersection of Bussell Highway and the Vasse roundabout/bypass.

Margaret River Wine 50th Anniversary The Marketing and Events Officer from the Shire presented a report requesting funding from CapeROC for $20,000 for the publication of personal stories of founding viticulturalists and wine producers from the region to complement the 50th anniversary of the industry in the region, to be delivered in 2017. The project should include:

• A focus on the historical aspect of the wine region • Opportunity to document important the wine history of the region • Opportunity for community involvement and education • Promotion of Margaret River Wine brand to external audience • Promotion of Margaret River for destination awareness • Brand awareness of the Margaret River brand for the purposes of investment and

trade

Officer Recommendation That CapeROC allocate $20,000 from the 2016-2017 budget for an historical initiative celebrating the 50th anniversary of the MRWA.


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OUTCOME Endorsed. Margaret River Region Calendar of Events – Budget Update and Funding Request The Marketing and Events Officer from the Shire presented a report giving an overview of the history of the calendar and the rationale behind having a hard copy of the publication. An outline of the costings was also provided. Officer Recommendation That CapeROC allocate $22,500 per annum from the 2016-2017, 2017-2018 and 2018-2019 budgets for the continuance of the Margaret River Region Calendar of Events. Discussion CapeROC members indicated their preference for events being published electronically via the MRBTA events web page. This approach also allows for event information available to be updated when necessary. Hard copies of monthly events calendars could be printed from the website and made available at visitor centres and libraries. OUTCOME That CapeROC invites the Margaret River Busselton Tourism Association to take over responsibility for producing the Calendar of Events for the coming financial year with CapeROC providing funding up to the value identified within the report for a 1 year term (this being $25,000). In the event that the Margaret River Busselton Tourism Association does not support this proposal, CapeROC will proceed with the calendar publication for the coming year only. CapeROC Budget The meeting reviewed the budget. Points to note:

• It is anticipated that by close of the financial year, total expenditure will be $47,500 ($23,750 each).

• The amount of $32,500 ($16,250 each) remains unallocated. • No funds have been expended on the Tourism Directional Signage Project.

Officer Recommendation That: 1. CapeROC receives the information provided in the 2015-16 budget report. 2. The Shire of Augusta Margaret River and the City of Busselton each allocate $50,000 of their individual budgets towards a total CapeROC budget of up to $100,000 to progress regional economic development initiatives; and 3. CapeROC identifies the following projects and provisional allocations to be included in the 2016-17 CapeROC budget:

Project: Margaret River Wine - 50th Anniversary Budget Allocation Request for 2016-17. Amount: $20,000; Project: Tourism Directional Signage. Amount $20,000 Project: Margaret River Region Calendar of Events. Amount: up to $25,000; and Project: To be identified in the next financial year. Amount; $35,000

OUTCOME Endorsed Busselton Margaret River Regional Airport (BMRA) Update The CEO, CoB, gave an update on the project – no action required. Busselton Foreshore and Civic and Administration Building Update The CEO, CoB, gave an update on the project – no action required.


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Waste Management Update: Transfer Station, Land Fill Site and Regional Waste The Director, Engineering and Works Services, and the Manager, Waste and Fleet Services CoB gave an update on the project – no action required. State Budget Announcements The Acting CEO of the Shire presented an update on the State Budget announcements. Specific South West projects funded in the 2016-2017 State Budget through Royalties for Regions and forward estimates released include:

• $58.26 million for the Margaret River Perimeter Road • $5.49 million to redevelop the Main Street in Margaret River

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 5.1: Effective governance and corporate leadership Strategic Response 5.1.5: Provide Councillors with high quality and current information for effective decision making Service level strategy/plan 5.1.5.1: Participate and convene CapeROC meetings and provide secretariat services in 2016, following the transfer from the City of Busselton POLICY IMPLICATIONS The adopted Shire of Augusta Margaret River Governance and Business Excellence Policy Manual – 1.9 Council Delegates – provides guidance to Council’s delegates in participating and contributing to decision making for external committees and bodies. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The Shire contributes $50,000 which is allocated annually to CapeROC. SUSTAINABILITY IMPLICATIONS Joint media releases following CapeROC meetings will provide a promotional tool to keep the communities informed on CapeROC issues and will demonstrate that the Shire of Augusta Margaret River and the City of Busselton are actively cooperating, sharing resources and identifying issues of commonality to enhance the provision of social, economic and environmental benefits to their communities and region. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the CapeROC Meeting Minutes dated 26 May 2016 and the recommendations made at the meetings. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Minutes of the CapeROC Meeting held on 26 May 2016 RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR HAYNES OM216/132 That Council notes the CapeROC Meeting Minutes dated 26 May 2016 and the recommendations made at the meetings.

CARRIED 7/0


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11.1.4 NOTES FROM COUNCILLOR BRIEFINGS AND CONCEPT FORUM SESSIONS FROM 27 JANUARY TO 22 JUNE 2016

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/221 REPORT AUTHOR Megan Smith, Executive Assistant AUTHORISING OFFICER Gary Evershed, Chief Executive Officer IN BRIEF • Council conducts bi-monthly as required Councillor Briefing Sessions which are run under strict

guidelines in compliance with the Department of Local Government and Communities (DLGC) Guidelines.

• Council’s policy for the conduct of the Councillor Information Briefing Sessions provides for the proceedings of the briefings to be brought to Council and for wider community awareness as a public record in the form of notes as an additional accountability mechanism.

• Notes of recent Councillor Briefing sessions are presented to be received by Council in accordance with Council’s adopted policy.

RECOMMENDATION That Council receives the Notes of Councillor Agenda Briefings and Concept Forum Sessions from 27 January 2016 to 22 June 2016. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The purpose of Councillor Agenda Briefings and Concept Forums is to: 1. Provide relevant information so that Councillors are better informed when participating in Council

decision making processes. 2. Provide a forum for two-way communication between elected members and key staff members

on important Council related matters. 3. Provide an inclusive opportunity for general community members and the press to receive the

same information on Agenda Items being provided to elected members on a range of relevant topics.

Agenda briefings and workshops sessions are centred on one or more of the following outcomes which can be classified under the DLGC Guidelines for Councillor Forums as either a Concept or an Agenda Forum: Concept Forums • capacity building and up skilling of Councillors • discussion of governance processes and effectiveness • a statement of principles on key issues • guidance to the CEO on further avenues of research • compiling a list of critical issues resulting from the briefing • the brainstorming of ideas • policy development and direction (but not adoption)


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• ongoing discussion of the Shire’s strategic direction Agenda Forums • breaking down of complex issues before Council • clarification of items on the Council agenda • requests for additional information on items on the Council agenda • confidential discussion of items which are on the agenda and which will be discussed with

members of the public excluded Agenda Briefing Sessions are open to all elected members and generally to all members of the public and press. The Chief Executive Officer is to be in attendance and other relevant Directors and staff as required by the CEO for the provision of information to elected members. Matters of a confidential nature to be included in a Council agenda will be discussed at closed briefing sessions (i.e. not open to the public). Otherwise normal briefing sessions will be open to the public at a suitable publicly accessible time. As recommended by the Department of Local Government and Communities, sessions considered by the CEO in consultation with the Shire President to be Concept Forums will be closed to the public to facilitate the open discussion of preliminary ideas and concepts by Councillors. CONSULTATION AND ADVICE External Consultation The Local Government Operational Guidelines Number 5 Council Forums have been considered and adapted for use in the Shire of Augusta Margaret River setting. Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The following are the informal notes of the Councillor Agenda Briefings and Concept Forum Sessions recently held as recommended by Council’s adopted policy which is consistent with the DLGC Guidelines. Notes of Councillor Agenda Briefings and Concept Forum Sessions from 27 January 2016 to 22 June 2016 Date: 27 January 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan Proposed Alignment of Trail/Pathway from Flinders Bay to Cape Leeuwin The Manager Asset Services, David Nicholson, presented a briefing on the proposed alignment of the pathway from Flinders Bay to Cape Leeuwin. Council were advised of the consultation process undertaken and broadly, of the content of submissions received from the community and landowners, with an overview of the environmental implications and technical constraints surrounding the options. Coastal Second Access Road The Acting Director Sustainable Development, Nick Logan, gave an update on the investigations into second access roads for coastal settlements. Gnarabup Lodge Site The Acting Director Sustainable Development, Nick Logan, gave an update on the status of the planning application for a tourist resort at Lot 783 Wallcliffe Road (known as “The Lodge Site”) and outlined the matters considered in the Responsible Authority Report to be presented to Council at this meeting.


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Date: 10 February 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan Proposed Policy – Mobile Food Business The Acting Director Sustainable Development, Nick Logan, gave an overview of the potential policy directions for granting permits to use public land for mobile food business. South West Native Title Settlement The Director Infrastructure Services, Johan Louw, gave an update on the arrangements for managing the South West Native Title Settlement process, and for providing input into consultations with the Department of Lands. Proposed Extractive Industry Permit – Burnside Road The Acting Director Sustainable Development, Nick Logan, gave an outline of the application for a Permit under the Shire’s Extractive Industry Local Law relating to 9500 Burnside Road. Coastal Risk Hazard Management Adaptation Plan The Acting Director Sustainable Development, Nick Logan, gave a briefing to provide an overview of the draft Coastal Hazard Risk Management Adaptation Plan. Lower Blackwood Land Conservation District Committee Joanna Wren, Bruce Hamilton and Jacqui Roberts of the Lower Blackwood Catchment Group gave an update of the group’s activities and current events. Cape to Cape Catchment Group Boyd Wykes, Caroline Hughes, Drew McKenzie and Tracey Muir of the Cape to Cape Catchment Group gave an update of the group’s activities and current events. Date: 24 February 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, Acting CEO, Johan Louw, Acting Director Corporate and Community Services, Andrew Ross, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan Cape to Cape Winter Diversion Trail The Manager Asset Services, David Nicholson and the Coordinator Environment/Landcare Services, John McKinney gave background on the history of the trail, including options for the route, and community and other consultation. Pony Club Lease The President of the Margaret River and Districts Horseman’s Association and Pony Club, Sue Jackman and another club member, Terry Nicholls, presented on the situation regarding their request for a change of lease tenure. Date: 9 March 2016 – Councillor Briefings Augusta No briefings held Date: 23 March 2016 – Councillor Briefings Margaret River Attendance: Crs Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Infrastructure Services, Johan Louw, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan


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Closed Councillor Briefing - Redgate Estate The Acting Director Sustainable Development, Nick Logan, the Acting Manager Planning, Matt Cuthbert, and Development Services and the Coordinator Legal Services, Ian McLeod facilitated a discussion on the issues associated with the clearing conditions of the subdivision. (The briefing was closed due to legal advice that might need to be taken in the future). Date: 13 April 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan Your Say and Community Consultation The Community and Corporate Planner, Stacey Hutt, gave a briefing in relation to the development of an organisational Community Consultation and Stakeholder Framework and online community consultation. It addressed what this means for the community and Councillors role within this. Closed Councillor Briefing - Consideration of Legal Advice. The Acting Director Sustainable Development, Nick Logan, gave a briefing which considered legal advice provided in relation to the confidential report listed on the agenda for this meeting. (The briefing was closed due to legal advice that might need to be taken in the future). Date: 27 April 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan Proposed Amalgamation of Reserves: Flinders Bay Caravan Park The Director Infrastructure Services, Johan Louw, gave a briefing to update Councillors on the purpose and current status of the amalgamation process. Property Rating Strategy Council was provided an item to consider advertising of differential rates at the meeting which was held on the 11th of May and the Manager Corporate Services, Andrew Ross, gave this briefing which provided them with some background. Date: 11 May 2016 Councillor Briefings Margaret River Attendance: Crs Earl, Haynes, Lane, Townshend, Smart, Hastie, Acting CEO, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan Closed Councillor Concept Forum Alexandra Bridge Caravan Park The Manager Human and Community Services, Nigel Anderson update the Councillors on the plans and issues around the Alexandra Bridge Caravan Park (the concept forum was closed in line with the Shire policy on agenda forums being open only to Councillors and staff). Closed Councillor Briefing Witchcliffe Eco Village Mike Hulme, the developer, gave an update to council on the current status of the Witchcliffe eco village project (the briefing was closed as it related to matters of a commercial nature) Margaret River Speedway Lease The Manager Environmental Health, Waste and Rangers, Alison Edmunds, facilitated a briefing which discussed the expiry of the current Margaret River Speedway lease and potential options.


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Date: 25 May 2016 Attendance: Crs Earl, Lane, Townshend, Smart, Hastie, Acting CEO, Johan Louw, Director Infrastructure, Johan Louw, Director Corporate and Community Services, Annie Riordan, Acting Director Sustainable Development, Nick Logan Extractive Industry Applications The Acting Director Sustainable Development, Nick Logan gave an outline of the issues around extractive industry local law permit applications that will come before Council on 22nd June. Date: 8 June 2016 - Councillor Briefings Margaret River No briefings were held Date: 22 June 2016 – Councillor Briefings Margaret River Attendance: Crs Earl, Kennaugh, Haynes, Lane, Townshend, Smart, Hastie, CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure, Johan Louw, Acting Director Sustainable Development, Nick Logan Redgate and Deepdene Extractive Industry Applications The Acting Director Sustainable Development, Nick Logan, facilitated a briefing, where the applicants and residents were given an opportunity to address council on the Redgate and Deepdene Extractive Industry applications. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 5.1: Effective governance and corporate leadership Strategic Response 5.1.1: Attract and develop high quality Councillors that are able to lead and articulate the community’s aspirations Service level strategy/plan 5.1.1.4: Conduct Councillor briefing sessions prior to Ordinary Council Meetings and bring a record of briefings to Council Meetings on a quarterly basis PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil Voting Requirements Simple Majority


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RECOMMENDATION That Council receives the Notes of Councillor Agenda Briefings and Concept Forum Sessions from 27 January 2016 to 22 June 2016. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR TOWNSHEND, CR HAYNES OM2016/133 That Council receives the Notes of Councillor Agenda Briefings and Concept Forum Sessions from 27 January 2016 to 22 June 2016.

CARRIED 7/0


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11.1.5 2016 - 2017 ICON EVENTS FUNDING ALLOCATION LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE REC/22 REPORT AUTHOR Cristina Smith, Marketing and Events Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer Cr Kennaugh declared an impartiality interest in item 11.1.5 2016-17 icon events funding, as her brother is the event organiser for the Tour of Margaret River. She stated that she would be fair and balanced in her deliberations and vote objectively. IN BRIEF • Council policy facilitates for an allocation of up to 1% of rates to sponsor Icon Events per financial

year. • Icon Events are large scale events deemed to be of state, national and/or international

significance that can demonstrate high level of tourist activity and stimulate large scale community interest, involvement and/or development.

• In the draft 2016/17 budget Council is considering an allocation of $135,000 (or 0.7% of rates) for Icon Event sponsorships.

• The following multi-year Icon Event Sponsorship Agreements will roll into the 2016/17 financial year budget:

- CinefestOz Film Festival $25,00 (Agreement to 2017/18) - Margaret River Region Open Studios, $10,000 (Agreement to 2017/18) - Emergence Creative Festival, $10,000 (Agreement to 2017/18) - Augusta Adventure Fest, $7,500 (Agreement to 2017/18)

• These multi-year agreements amount to a total spend of $52,500 for the 2016/17 year • 20% of Icon Event budget ($27,000) will be reserved for events identified under the Shire’s

contract with Sports Marketing Australia. • Council is required to consider a further six requests for icon event funding in 2016/17:

- Drug Aware Margaret River Pro ($20,000 x 3yrs) - The Margaret River Running Festival ($12,000) - Tour of Margaret River ($15,000) - Adventure Weekend – Emergency Simulation of Medical Encounters (AWESoME) ($5,000). - Readers & Writers Festival ($12,500) - Cape to Cape Mountain Bike Race ($10,000)

• The Wine Association’s Margaret River Marathon was approved for multi-year funding ($2,500 in 2015/16, $5,000 in 2016/17 and $10,000 in 2017/18), however the May 2016 event never took place and funds were redirected to the Agricultural Summit.

• Fee waivers can no longer apply to events that receive Icon Event funding. RECOMMENDATION That Council: 1. Notes previous Icon Event funding commitments made for the 2016/17 and 2017/18 financial

years as follows: Event 2016/17 2017/18 Reference CinefestOz Film Festival 25,000 25,000 OM 25/6/2015 Margaret River Region Open Studios 10,000 10,000 OM 25/6/2015 Emergence Creative Festival 10,000 10,000 OM 25/6/2015 Augusta Adventure Fest 7,500 7,500 OM 25/6/2015 TOTAL* 52,500 52,500 *Total does not include Wine Association's Margaret River Marathon allocation.


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2. Provides for $135,000 of Icon Events sponsorship in the 2016/17 budget 3. Commits Icon Events funding for 2016/17, 2017/18, 2018/19 as follows:

Event 2016/17 $

2017/18 $

2018/19 $ Augusta Adventure Fest 7,500 7,500

Rural Health West Medical Conference 5,000 Cape to Cape Mountain Bike 10,000 CinefestOz Film Festival 25,000 25,000 Drug Aware Margaret River Pro 20,000 20,000 20,000 Emergence Creative Festival 10,000 10,000

Margaret River Region Open Studios 10,000 10,000 Margaret River Marathon* 2,500 5,000 10,000

Readers & Writers Festival** 7,500 The Margaret River Running Festival 5,500 Tour of Margaret River 5,000 Sports Marketing Australia Events (TBD) 27,000 TOTAL 135,000 77,500 30,000 Budgeted 135,000 n/a n/a Remaining to allocate 0

• *Roll over and re-start original multi-year agreement, allocating $2,500 for 2016/17,

$5000 in 2017/18, $10,000 in 2018/19

• **An additional $5,000 to be provided from 2016/17 Community Events Budget

• subject to: i. Council adopting of budgets providing for Icon Event funding in the corresponding

financial years. ii. A sponsorship agreement being established between the Shire and the Event

Organiser. iii. The Event Organisers meeting event compliance as determined by the Shire.

LOCATION PLAN Nil TABLED ITEMS Nil ICON EVENTS POLICY On 23 April 2014, Council adopted an Icon Events Policy to facilitate for the funding of major events that are large scale, deemed to be of state, national and/or international significance and demonstrate the ability to generate economic activity (tourism, trade, investment). The policy defines Icon Event criteria as: Primary Criteria Management Planning, Sustainability, Access and Opportunity, Consultation. Secondary Criteria Economic Impacts, Media Coverage, Tourism Activity, Co-Cash Contributions, Prestige, Community Involvement, Capacity Building (upskilling the community), Social Justice (affordability of social


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engagement), Environmental Impacts, Education and Conservation. As stated in the policy, the intent of Icon Events funding is to provide seed support for establishing and growing events with the overall objective that they become self-sufficient over time. Furthermore, to be considered for Icon Event funding, the event should be geographically located within the Shire of Augusta Margaret River Local Government Area OR promote and position the region to a target external audience to achieve economic activity objectives. Funding percentage The policy states a maximum of 1% of rate payers income can be allocated to major events sponsorship each financial year. Due to the current tight fiscal environment an amount of $135,000, or 0.7% of rates was adopted by Council for Icon Events in the 2016/17 budget. FEE WAIVERS On 11 September 2013, Council adopted the Financial Assistance Policy which sets the amounts of assistance available for donation, sponsorships, contribution and loans. As part of the resolution Council supported implementation of the associated procedures defining the eligibility criteria for each category. The FI12.5 Council Contributions determines that: Fee Waivers will not be considered for or provided to:

• Individual persons*; • State or Federal Government bodies; • Commercial Organisations or Businesses; • Fees and Charges levied and collected by the Shire under any written law; • Support for organisational or general operating costs; • Activities that will financially benefit the Community Organisation (i.e. entry charge); • Activities that are already covered by an existing service agreement with the Shire of Augusta

Margaret River; • Community Organisations that receive funding from the Shire of Augusta Margaret River by

way of Donation, Community Development Grant or Council Contribution in the current financial year.

As all Icon Events recipients are Commercial Organisations or Businesses, Community Organisations that receive Council Contributions or Community Organisations that will financially benefit from the event, therefore fee waiver can no longer apply. Adoption of the revised Financial Assistance Policy was not applied retrospectively therefore fee waivers granted to event organisers by Council resolution prior to the 11 September 2013 have been honoured. The only fee waiver remain in the 2016/17 financial year. Council may like to note that due to the non-application of fee waivers for Icon Events, some events organisers are seeking increased cash funding support in order to maintain previous levels of Council support. SPORTS MARKETING AUSTRALIA Sports Marketing Australia (SMA) is the country’s only regional event placement organisation. It aims to decentralise major events into regional Australia. On 25 August 2015, the Shire commenced a three year agreement with SMA to identify and secure commitments from sporting organisations to host sporting events in the Shire of Augusta Margaret River Local Government Area. 20% of Icon Events budget will be reserved for events identified under the Shire’s contract with SMA. Council has the right to accept or reject any events proposed by SMA. This amounts to $27,000 in the 2016/17 financial year. No fee is payable if a proposed event is rejected. MULTI-YEAR AGREEMENTS While not Council policy, is recommended to fund events to a maximum three-year term. A multi-year term is beneficial in that it provides surety to both parties about the events continuance and assists in


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forward planning. Putting a maximum term on the agreement provides opportunity for review of the agreement as both the event and the Shire’s priorities evolve. FUNDS PREVIOUSLY COMMITTED The following multi-year Icon Event sponsorship agreements will roll into the 2016/17 financial year budget:

- CinefestOz Film Festival $25,00 (Agreement to 2017/18) - Margaret River Region Open Studios, $10,000 (Agreement to 2017/18) - Emergence Creative Festival, $10,000 (Agreement to 2017/18) - Augusta Adventure Fest, $7,500 (Agreement to 2017/18)

FUNDING REQUESTS The Shire of Augusta Margaret River has received six new Icon Event sponsorship requests. One applicant is seeking sponsorship for a multi-year agreement, while five are seeking funding for events to be held in 2016/17. Requests for multi-year agreement:

• Drug Aware Margaret River Pro requests $20,000 for each financial year 2016/17, 2017/18 and 2018/19.

Requests for 2016/17 events:

• Renards Pty Ltd requests $12,000 to assist in executing The Margaret River Running Festival (previously known as The Rotary Margaret River Fun Run). Funds will be used to grow the trail run into an iconic event in the WA calendar. A portion of funds also used for marketing and traffic management.

• Cycling Eventures Ptd Ltd requests $15,000 to assist in executing the Tour of Margaret River ProAm Cycling Event. The funds will be used for traffic management and start/finish infrastructure.

• Rural Health West requests $5,000 to assist in hosting a medical conference AWESoME - The Adventure Weekend – Emergency Simulation of Medical Encounters in Margaret River.

• Arts Margaret River requests $12,500 for the Readers & Writers Festival • Zubini Marketing and Management requests $10,000 to help market the Cape to Cape

Mountain Bike Race both domestically and internationally.

No further requests for funding in the 2016/17 financial year can be considered as total funding requests received to date match the funding pool available.


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SUMMARY A summary of Icon Event funds previously committed and new requests for 2016/17, 2017/18 and 2018/19 is projected in the table below. The request for icon events funding current exceeds the amount of funds available by $21,500. Sponsorship Requested Icon Events 2016/17 2017/18 2018/19 Reference Augusta Adventure Fest 7,500 7,500 Committed OM 25/6/2015 CinefestOz Film Festival 25,000 25,000 Committed OM 25/6/2015 Emergence Creative Festival 10,000 10,000 Committed OM 25/6/2015 Margaret River Region Open Studios 10,000 10,000 Committed OM 25/6/2015 Margaret River Marathon* 2,500 5,000 10,000 Committed OM 23/9/2015 Rural Health West Medical Conference 5,000

New request

Cape to Cape Mountain Bike Race 10,000 New request Drug Aware Margaret River Pro 20,000 20,000 20,000 New request Readers & Writers Festival 12,500 New request The Margaret River Running Festival 12,000 New request Tour of Margaret River 15,000 New request Sports Marketing Australia Events (TBD) 20% of Icon Event Budget 27,000

New request

TOTAL 156,500 77,500 30,000 Budgeted 135,000 n/a n/a

• Council should note funding for events with a local and/or regional reach are captured in the 2016/17 budget as Community Events. These events, which do not require consideration for an Icon Event budget allocation, include Augusta River Festival, Readers and Writers Festival, the Margaret River and Districts Agricultural Show, ANZAC Day and Australia Day (x3 townsite events).

• It should be further noted that Readers and Writers Festival have requested $12,500 in

2016/17. $7,500 has been allocated from the Icon Events budget and an additional $5000 will be provided from the 2016/17 Community Events funding pool to bring total funding amount to $12,500.

• $3,000 for Kambarang – South West Aboriginal Gourmet Experience will be provided from the

2016/17 Economic Development Budget if and when an application is lodged.

Summary of Community Events funding requests received for 2016/17, 2017/18 and 2018/19 is projected in the table below. Community Events 2016/17 2017/18 2018/19 Reference ANZAC Day 2,000 Per 2016/17 adopted budget Margaret River and Districts Agricultural Show * 15,000

15,000

15,000

Per 2016/17 adopted budget

DejaMoo 3,000 Per 2016/17 adopted budget Australia Day (MR, Cwp, Aug) 3,000 Per 2016/17 adopted budget Shire Community Event 15,000 Per 2016/17 adopted budget Readers and Writers Festival 5,000 Per 2016/17 adopted budget Augusta River Festival 6,000 Per 2016/17 adopted budget TOTAL 49,000 Budgeted 50,500 n/a n/a *Note Margaret River and Districts Agricultural Show have applied for a multi-year agreement of $15,000 for each financial year 2016/17, 2017/18 and 2018/19. Funds can be used to provide free entry to all children under the age of 16 years or for any other use required to run the event. Funds will come from the Community Events budget.


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FUNDING HISTORY 2013/14 In the 2013/14 financial year financial year, Council approved $97,000 in Icon Events funding, which was allocated as follows: Event Cash Fee Waiver Anaconda (Augusta Adventure Fest) 11,000 2,300 CinefestOz 15,000 2,200 Tennis Pro 15,000 ARTN – tourism conference 10,000 Cape to Cape MTB 10,000 Drug Aware Pro Surf Event 20,000 8,000 Illuminate 2,000 AMRTA – Regional Producers Book 4,000 WAM – Album 4,000 Shire Community Event 6,000 TOTAL 97,000 12,500

Note: A further $5,000 in funding was allocated to the Augusta River Festival from the Community Contributions fund and $6,000 was allocated to Emergence Creative Festival from the CAPEROC budget. 2014/15: In the 2014/15 financial year financial year, Council approved $120,000 in Icon Events funding, which was allocated as follows: Events Cash Fee

W i Wildcats - costs 9,427 Wildcats - sponsorships 10,000 Margaret River Fun Run 4,000 Readers and Writers Festival 5,500 Margaret River Off Road Cycling Association – Mountain Biking 4,000 Kambarang SW Indigenous Food event 3,000 Tour of Margaret River cycling 15,000 Cape to Cape Mountain Bike 10,000 Margaret River Tennis Pro 15,000 Emergence Creative Festival 6,000 Open Studios 10,000 Augusta River Festival 5,000 2,400 Augusta Adventure Fest 10,000 State Mountain Bike series 5,000 Drug Aware Surf Pro 20,000 8,000 Wildcats revenue (CE86/CE87) (12,010) TOTAL 119,917 10,400

Note: Council supported the 2014/15 the CinefestOz event with funds awarded in 2013/14. CinefestOz withheld a funding application in 2014/15 in order to align any future funding received from Council with the year in which the event occurs.


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2015/16 In the 2015/16 financial year, Council approved $125,000 in Icon Events funding, which was allocated as follows: Event 2015/16 CinefestOz Film Festival 25,000 Margaret River Region Open Studios 10,000 Rural Health West Medical Conference 5,000 Margaret River Running Festival 12,000 Tour of Margaret River Cycling event 15,000 Emergence Creative Festival 10,000 Augusta Adventure Fest 7,500 Drug Aware Surf Pro 20,000 Cape to Cape Mountain Bike 7,500 Readers and Writers** 7,500 Wine Association Marathon 2,500 Kambarang – South West Aboriginal Gourmet Experience 3,000 TOTAL 125,000 **Total funding for 2015/16 was $12,500, inclusive of $5,000 provided for under Community Events budget NEW FUNDING REQUESTS Drug Aware Margaret River Pro FUNDING REQUEST Surfing WA has requested a multi-year sponsorship of $20,000 per year for the running the Drug Aware Margaret River Pro surfing events for the next three years (2016/17, 2017/18 and 2018/19)

MOST RECENT SHIRE FUNDING $20,000 in 2015/16 EVENT OVERVIEW The Drug Aware Margaret River Pro is stop #3 on the World Surf League’s World Championship Tour, with the world’s best surfers contracted to attend. As Western Australia's premier sporting event, it is targeted by local, state, national and international media and is broadcast live to a global audience online and across traditional media platforms. An excess of 40,000 spectators are expected to attend over the event window. The event has the full backing and support of the WA State Local Government. Surfing WA has worked with partners and stakeholders to ensure the sporting event focuses on community, social integration, engagement and inclusivity. Spectators can expect onsite entertainment, music, local food stalls and interaction with the best surfers in the world. CONSULTATION AND ADVICE External Consultation The Shire has consulted with Surfing WA Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The Drug Aware Margaret River Pro meets all Icon Event criteria. Sponsorship of the event over previous years has facilitated for local, national and international branding awareness of the Shire of Augusta Margaret River through logo use, program advertising and banner placements.


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Sponsorship includes hosting the Youth Advisory Council on a behind the scenes tour to promote the up skilling of young community members. In addition to these benefits, the Shire works with Surfing WA to host a Shire President Sundowner networking evening using the event facilities. Given that the rights to host the WCT are guaranteed until 2018, Surfing WA has requested a three year agreement to assist with forward financial planning of the event. The officers recommendation is to sign a three-year agreement for $20,000 per year, therefore giving Surfing WA increased certainty as to future funding. FINANCIAL IMPLICATIONS Provision of $20,000 in cash sponsorship from the Icon Events allocation during the 2016/17, 2017/18 and 2018/19 financial years. SUSTAINABILITY IMPLICATIONS Environmental Nil Social It is a free event to spectators and appeals a wide demographic. The Surfing Pro promotes the Drug Aware health messaging. The event provides an opportunity for YAC members to learn about event logistics and consider potential careers. Economic The Drug Aware Margaret River Pro is the biggest sporting event on the region’s calendar. It generates significant visitation and economic activity in the region as well as creating greater destination and brand awareness. Every second year Metrix consulting undertakes an economic impact study to measure the event. The last study took place in 2014.

• Total visitation from outside the Shire of Augusta Margaret River estimated at 7,280 • Regional expenditure estimated at $5.9m • Total visitor nights estimated at 33,563 • Spend per day estimated at $181 (on average between intrastate, interstate and international

visitors) In addition, Surfing WA injected $1.5m into the local economy to host the event. In 2015, iSentia measured $57.9m in tangible, commercial media value over the course of the event. This figure does not include live event broadcast, live TV, globally distributed TV package or global print media. The media value of national news coverage was estimated at $4.7m with an estimated audience of 64m. Rural Health West Medicine Conference in Margaret River. FUNDING REQUEST Rural Health West requests $5,000 in 2016/17 to assist in hosting a Wilderness Medicine Conference in Margaret River named Adventure Weekend – Emergency Simulation of Medical Encounters (AWESoME). MOST RECENT SHIRE FUNDING $5,000 in 2015/16 EVENT OVERVIEW Rural Health West is a not-for-profit organisation focussed on the recruitment, upskilling, support and retention, of health professionals such as general practitioners, nurses, dentists and allied health practitioners in rural and remote Western Australia. Programs offered by the organisation include professional development, family support, professional support and business support. The three-day Wilderness Medicine Conference will take place on 16-19 November 2016.


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Attendees to the event include six trainers and 36 delegates from surrounding South West Shires, the Wheatbelt Region and North of the state, some of whom will travel to Margaret River with their partners and family. Course participants will complete a one-day advanced life support course and will spend two days completing scenario based medical up-skilling. These will incorporate caving, abseiling, kayaking and hiking to develop clinical skills, bush craft and leadership abilities. The aim of the conference is to enable networking of rural doctors and provide opportunity to practice and improve off-site medical response abilities. The conference format is based on the fully subscribed Rural and Remote Retrieval Conference, hosted by the organisation in the Pilbara for the last three years. CONSULTATION AND ADVICE External Consultation The Shire has consulted with Rural Health West. Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The Wilderness Medicine Conference meets Icon Event criteria in that it is of state wide significance, offers tourism benefits and promotes the region to a niche market. A significant benefit of the conference is the upskilling and capacity building opportunities it offers local healthcare professionals and volunteers and the consequential improved emergency response mechanisms for the local community. The Shire of Augusta Margaret River is in a fortunate position to not have a shortage of highly skilled, paid healthcare workers but these practitioners are often required to travel for training, networking and development. Hosting the conference in the Shire enables local providers to attend with minimal impact to their business and employment, while providing upskilling in out-of-clinic situations. Training for the off-site application of the healthcare in the local Margaret River environment provides ideal scenario training for the event of a local incident or emergency situation. Should Council agree to fund the event, Rural Health West has agreed that the sponsorship agreement can include placements for two local paramedics to attend the conference. The paramedics’ placements could be offered once again to the St Johns Ambulance Centres, which is staffed entirely by volunteers and at times does experience officer shortages. St Johns Ambulance volunteers contribute significantly to the local community by providing emergency healthcare response. The volunteers also often work at events, both icon and community events, facilitating for the enjoyment and economic prosperity for the wider population. One of the paramedics who attended last year’s event recently took a regional secondment for three months as a result of his experience at the conference. It is recommended that Council fund the full request of $5,000. FINANCIAL IMPLICATIONS The commitment of $5,000 from the 2016/17 Icon Events budget. SUSTAINABILITY IMPLICATIONS Environmental Nil Social

• Two local paramedics offered free registration • Upskilling of medical services to the local community • Allows local medical personnel to participate in professional networking opportunity • Supports training for local health volunteers


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Economic

• Approximately 60 visiting attendees for four visitor nights • Use of local suppliers to assist in delivery of conference • Promotes region for future visitation to medical professionals and their networks • In 2015, Rural Health West spent a minimum of $38,000 within the Shire of Augusta Margaret

River to run the AWESoME event.

The Margaret River Running Festival FUNDING REQUEST Renard Group requests $12,000 in 2016/17 to assist with growing the trail run section of the running festival into an iconic event on the WA running calendar. A portion of funds will be used for marketing and road traffic control. MOST RECENT SHIRE FUNDING In 2015/16, Renards Group received $12,000. EVENT OVERVIEW The event will take place on 9 October 2016. 2016 will be the 20th year of the event. In 2014, Rotary determined the Fun Run event would be discontinued following withdrawal of the major sponsors and increasing traffic management costs. The Rotary Board reversed their decision after late intervention by the Shire of Augusta Margaret River and an agreement to hand over the management of the event to Renard Group. The event was executed at short notice on 30 November 2014, after being moved back in the running calendar from its traditional late October date. In 2015, Renard Group moved the event back to 18 October to better fit in the WA State running calendar. The event included the previous distances of 4km and 10km as well as a new 15km trail run along the Prevelly/Gnarabup beaches and back via the Cape to Cape track. The trail run was included to meet apparent market demand for off road events while satisfying current event participants. Projected participation numbers for the 2016 event have been scaled back to 400-600. In 2015, it was anticipated inclusion of the trail run would attract 600-800 participants. In 2015 the final participation numbers were 401. The event requires participation to increase >1000 and gain a large sponsor ($15,000 plus) to be self-sufficient. This will take a further two years. Rotary has indicated it will discontinue involvement altogether in the 2016 event, but consider providing a small number of volunteers (5 -10) on the day. Prizes will be awarded to category winners in each distance. The run will remain a fundraising event for Rotary Club of Margaret River to support the Royal Flying Doctor Service with a percentage of proceeds to be donated. CONSULTATION AND ADVICE External consultation Shire has consulted with:

• Renards Group • Rotary

Other event sponsors include

• Brooks • Sportspower • Coles • Busselton Toyota • Margaret River Busselton Tourism Association • Shephardson’s Transport • Margaret River Chocolate Factory


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• Yallingup Maze

Internal Consultation Nil DISCUSSION/OFFICER COMMENTS The Margaret River Running Festival provides opportunity for active participation at an amateur and social level. People of all ages and abilities can enter the events with people in wheelchairs and with prams encouraged to participate. The trail run is only suitable for those who have trained sufficiently and are of able body. The trail run meets the demand for those seeking a more challenging event. Many local residents use the event as a personal health milestone and work towards improving their fitness for weeks and months in the lead up to the event. The event serves to instigate tourism in the Shire with participant demographics indicating >30% of entrants coming from outside the region. The move by Rotary to hand the event to a commercial event operator is likely to assist in creating long term sustainability for the event. The decision to include a trail run component in the event is also likely to assist in refreshing the current format of the event and growing participation and sustainability over time. The volunteer base is primarily provided by local Rotary and footy clubs of Margaret River.

It is projected the event can achieve 1000 entrants by 2018. The Margaret River Running Festival provides opportunity for the Margaret River Recreation Centre to run training programs in the lead up to the event. Sponsorship benefits offered to the Shire include corporate branding on collateral, merchandise, speaking opportunities and brand exposure on social media, digital & print advertising. Due to the recognised benefits of the event, particularly in relation to community engagement, health, wellbeing, and accessibility, plus the potential for the event to instigate tourism, and taking into consideration the Icon Events Budget limits it is recommended that Council contributes $5,000 for the 2016 Margaret River Running Festival. FINANCIAL IMPLICATIONS The commitment of $5,500 from the 2016/17 Icon Events budget. SUSTAINABILITY IMPLICATIONS Environmental Event is subject to approvals by Department of Parks and Wildlife (DPaW) and support from other relevant groups such as Friends of the Cape and Margaret River Coastal Residents Group.

No reported adverse incidents were recorded in 2015 by either DPaW nor MR Coastal Residents Group.

Social • All-ages, all abilities event (wheelchair and pram-walkers inclusive) • Volunteering opportunities available for locals • Free for spectators • Supports local Rotary Club of Margaret River • Charity fundraiser for Royal Flying Doctor Service • Schools and other sporting organisations can utilise the event to raise additional funds for

their desired charity or school project (Walkathon) • Promote health, wellbeing, social inclusion • It increases the local skills in event management and risk management planning

Economic

• Organisers have committed to event expenditure with local businesses (traffic management and timing/registration services must be sourced externally)


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• 30% participants expected to pay for accommodation in the Shire • Media value would be in the range $200-250,000 for the 2016 event

Tour of Margaret River FUNDING REQUEST Cycling Eventures Ptd Ltd requests $15,000 to assist in executing the Tour of Margaret River Pro-AM cycling event. The funds will be used for traffic management and start/finish infrastructure. MOST RECENT SHIRE FUNDING $15,000 in 2015/16 EVENT OVERVIEW The eighth annual Tour of Margaret River event will be held 11-13 November 2016 at various locations around the South West of WA, including Witchcliffe, Cowaramup and Nannup. Exact route is still to be confirmed subject to Shire approval. It is expected the event will attract 600-700 participants, more than 500 spectators and support crew and 40 volunteers. The event is Australia’s only team-based Pro-Am race, predominantly attracting amateurs but appealing to professionals in what is usually seen as their ‘off-season’. In 2015 the tour had 80 teams and 480 riders and amongst those riders were some of the biggest names in Australian Cycling, Robbie McEwen, Luke Durbridge and Simon Clark. The objective of the ToMR is to be Australia’s premier team Pro-Am race and bring 1500+ riders from intrastate, interstate and overseas over the next 3-5 years. There is no prize money awarded to winners. The event will be sanctioned by Cycling Australia. All riders will hold the appropriate racing license and be insured via the Federation. CONSULTATION AND ADVICE External Consultation Shire has consulted with Cycling Eventures Team Sponsors & Major Supporters Include:

• EY • Bunbury Drilling Company • Margaret River Chocolate Factory • Margaret River Venison • Margaret River Hotel • Margaret River Beach Resort • Seight Cycling Wear • Bindi Nutrition • City of Busselton • Shire of Nannup

Requested for sponsorship in 2016:

• Events Corporation WA Internal Consultation Nil DISCUSSION/OFFICER COMMENTS The event meets Icon Event criteria in that visitation will be boosted by those participating in the event, their support crews and spectators. The event positions Margaret River Region as a cycling destination and encourages repeat visitation and brand awareness to a niche market.


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The organiser is in discussion with Events Corp regarding additional funding via its Regional Event Program. Funding will be used to help grow the event throughout regional WA and contribute to the cost of attracting a headline, world-class rider to the event. It is expected the event will become self-sustaining via Corporate Sponsorship and / or Events Corp funding beyond 2017. Community groups and volunteers will be engaged to assist in the delivery of the event. There will be free spectating opportunities for the communities of Augusta, Margaret River and Witchcliffe and organisers are offering work experience to school students to boost learnings about event management. Sponsorship benefits offered to the Shire include corporate branding on communication, start/finish display of banners and speaking opportunities at award ceremonies. It is recommended Council provide $5,000 in funding from the 2016/17 Icon Events budget. FINANCIAL IMPLICATIONS The commitment of $5,000 from the 2015/16 Icon Events budget. SUSTAINABILITY IMPLICATIONS Environmental Nil. Event is on sealed roads. Social

• Free to spectate • Event crew (paid and volunteer) sourced locally • Work experience in event management for school children • Working to boost attendance at community fair with coordinating finish line activities. • Networking opportunities with high profile riders

Economic

• Participants predominantly attend from outside the region (80%) and spend 3-4 visitor nights locally.

Margaret River Readers and Writers Festival FUNDING REQUEST Arts Margaret River requests $12,500 in 2016/17 to help retain the services of a dedicated festival director for the Margaret River Readers and Writers Festival. MOST RECENT SHIRE FUNDING $7,500 in 2015/16 $5,000 in Community Events funding has been allocated to Margaret River Readers and Writers Festival in the 2016/17 budget. EVENT OVERVIEW Margaret River Readers and Writers Festival consists of the Young Readers and Writers Festival and the Adult Festival. The 2016 Festival held from 3-6 June included close to 50 authors, poets, playwrights, journalists, comedians, illustrators, magazine editors, explorers, screen writers and radio hosts taking part. In 2016 total ticket sales over the course of the event were 956 adult tickets (a 33% increase on the previous year) and 4,458 children’s tickets (a 132% increase on 2015). Attendance at the entire festival was 11,213. The Young Readers and Writers Festival children’s literature component set a new attendance record with an incredible 132% increase in participation with students in 17 schools involved in the Shire and the City of Busselton (Augusta, Karridale, Margaret River, Cowaramup, Vasse, Busselton and Dunsborough).


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The festival consists of interviews, discussions, signings, readings, debates, performances and displays to celebrate reading and writing. Authors from throughout Australia and overseas attend the event to promote and discuss their work and meet fans. Event organisers aspire to emulate the phenomenal success of the Byron Bay Writers’ Festival delivered by the staff and Committee of the Northern Rivers Writers' Centre, a member based organisation receiving core funding from Arts NSW. The Byron Bay Writers’ Festival had its beginnings in 1997, when a small group of locals, led by Chris Hanley, wondered whether authors might accept an invitation to spend a winter's weekend in Byron Bay. They did, and an audience of two hundred locals enjoyed a gathering of fifty Australian writers. Since then, the Festival has grown from a single venue event to fill four huge marquees and venues around town and sells 45,000 individual tickets. The guest list now numbers more than one hundred and over the years the most significant and respected contemporary Australian writers have participated in the Byron Bay Writer’s Festival. The event is now being internationalised with links to Indonesia and other countries. CONSULTATION AND ADVICE External consultation Shire has consulted with Arts Margaret River Event sponsors include Rotary Margaret River Internal consultation Nil DISCUSSION/OFFICER COMMENTS The Readers and Writers Festival provides for an excellent visitation opportunity in what is a traditionally low season period and serves to extend length of visitor stays. The event has routinely exceeded growth projection demonstrating there is strong demand for this type of event to be held in the Region. Arts Margaret River has demonstrated ability to deliver a high quality event with a diverse range of offerings with limited budget and resources. The content, authors, books, discussions, sessions and events that constitute the festival appeal to locals and visitors of all ages, and fields of interest. Organisers have demonstrated the intent to further expand the event through the procuring of more venues, more sessions, high profile author talent and continually updated and refreshed formatting. The branding and ethos of the events aligns with the positioning of the Margaret River Region as a vibrant creative hub and cultural destination. It is recommended Council allocate $7,500 in Icon Event funding to the Margaret River Readers and Writers Festival in 2016/17. This would be in addition to the $5,000 allocation made as the Community Events funding to achieve a total funding amount of $12,500 for the 2016/17 financial year. Additional support will help ensure the event can achieve its ambitious growth plans and vision to become a festival of State and National significance. FINANCIAL IMPLICATIONS The commitment of $7,500 from the 2016/17 Icon Events budgets, in addition to the $5000 granted in the Community Events contributions. SUSTAINABILITY IMPLICATIONS Environmental

• The festival aims to include speakers on environmentally-friendly building and design and safe home chemical and organisers plan to continue delivering workshops on upcycling and recycling old books.


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• Recycled books are available for sale during the festival for $1 each, encouraging reuse and affordable literacy opportunities.

Social

• The festival aims to achieve improved literacy and education, relaxation through reading, social engagement and team work.

• Content, authors, venues and pricing structures intend to make the event accessible and appealing to a broad demographic.

• A number of free opportunities include a free day for pensioners and residents of aged care facilities and a family fun weekend.

• Emerging authors are provided with the opportunity to sell and promote their books at the event

• The event provides a professional networking opportunity. Economic

• Visitor spend has not been measured however in 2014 attendance was measured at 5000 adults of which 40% of tickets were from the metropolitan area, about 15% from the WA regions 45% local. The youth attendance figures of 2000 are not included in the demographics data due the program only being delivered locally.

Cape to Cape Mountain Bike FUNDING REQUEST Zubini Marketing and Management requests $10,000 in 2016/17 to help market the Cape to Cape Mountain Bike event both domestically and internationally. MOST RECENT SHIRE FUNDING $7,500 in 2015/16 EVENT OVERVIEW The Cape to Cape MTB is an annual four day mountain bike event in the Margaret River Region that is designed for both recreational riders and elite racers. The 2016 main event is scheduled for 20 - 23 October.

• Day one - Cape Leeuwin Lighthouse to Hamelin Bay • Day two - Hamelin Bay to Xanadu Winery • Day three - Xanadu roll to Margaret River CBD. CBD to Colonial Brewery • Day four - Colonial Brewery to Dunsborough Country Club

It is expected approximately 1500 riders, 2250 support crew and 100 event staff and volunteers will be involved in the 2016 main event generating approximately $3.18 million in direct economic impact. Each year the event receives wide publicity and media coverage, including television news, local print media and niche media such as national and international mountain bike magazines. Cape to Cape MTB also produce an annual standalone television documentary shown on SBS (Cycling Central) followed by Fox SportsTV and Sky Sports NZ. This receives world-wide coverage shown in 132 countries has a conservative estimated media value in excess of $10.4 million dollars each year, further expanding awareness of the South West region. The main event is accompanied by an additional ‘Sundown Shootout’ event will attract more than 50 riders and encourage local participation. CONSULTATION AND ADVICE External Consultation Zubini Marketing Management/Initiative Sport (funding applicant) Sponsors for the 2016 event include:

• Tourism WA – Partnership to 2017 • City of Busselton – Partnership to 2017


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• Shimano – Ongoing Partnership • GIANT – Ongoing • Colonial Brewing Co • Xanadu • Royalties for Regions

Internal Consultation Shire officers are assisting with organisers to determine suitable routes. DISCUSSION/OFFICER COMMENTS Cape to Cape Mountain Bike event achieves a considerable number of Shire objectives including direct economic impact, destination awareness, social engagement, active participation, access and inclusion. The event assists in positioning the Margaret River Region as a premier mountain biking destination to a target audience and organisers have demonstrated consistent ability to deliver the event. Zubini Marketing and Management have indicated plans to grow the Cape to Cape Mountain Bike event in 2017 in celebration of its 10th year. The $10,000 requested for its 2016 event will contribute to continued promotion to national and international audiences. Although there is considerable demand on the Shire’s Icon Events funding pool, Council should consider the Cape to Cape Mountain Bike event receives exceptional media coverage Australia-wide and internationally providing destination awareness and direct economic value that goes beyond the event week. Its standalone television documentary aired on SBS (Cycling Central), Fox SportsTV and Sky Sports NZ and also receives world-wide coverage. Shown in 132 countries, it has a conservative estimated media value in excess of $10.4 million dollars each year, further expanding awareness of the South West region. Furthermore it would be appropriate to provide funding in 2016 to support the continuance of the event in the Shire of Augusta Margaret River Local Government Area following the logging of the pines. The loss of the pines has impacted on the perception of Margaret River as a mountain biking destination and has required some considerable rerouting of the course. Event organisers have put considerable efforts into promoting the region as a mountain biking hub during the changeover period of logging and are proposing alternate event routes to grow the event in future years. It is therefore recommended to fund Cape to Cape Mountain Bike event for $10,000 funding in the 2016/17 financial year. FINANCIAL IMPLICATIONS The commitment of $10,000 from the 2016/17 Icon Events budget. SUSTAINABILITY IMPLICATIONS Environmental Event organisers promote environmental messaging to the riders. A course clean-up is conducted post event. Social The event appeals to riders of all ages and abilities. The event organisers will facilitate for riders with a disability where possible. Spectator opportunities are free. Economic

• Estimated total economic contribution into the Margaret River economy by the Cape to Cape MTB - $3.18 million


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• Media value of the event is estimated at $10.4 million STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 4: Vibrant and diverse economy Community Outcome: Sustainable tourism in industry Strategic Response: Encourage tourism in the Shire through the development and support of Icon Events VOTING REQUIREMENTS Simple Majority ADVICE TO APPLICANT / PROPONENT Nil RECOMMENDATION That Council: 1. Notes previous Icon Event funding commitments made for the 2016/17 and 2017/18 financial

years as follows: Event 2016/17 2017/18 Reference CinefestOz Film Festival 25,000 25,000 OM 25/6/2015 Margaret River Region Open Studios 10,000 10,000 OM 25/6/2015 Emergence Creative Festival 10,000 10,000 OM 25/6/2015 Augusta Adventure Fest 7,500 7,500 OM 25/6/2015 TOTAL* 52,500 52,500 *Total does not include Wine Association's Margaret River Marathon allocation. 2. Provides for $135,000 of Icon Events sponsorship in the 2016/17 budget 3. Commits Icon Events funding for 2016/17, 2017/18, 2018/19 as follows:

Event 2016/17 $

2017/18 $





• *Roll over and re-start original multi-year agreement, allocating $2,500 for 2016/17,

$5000 in 2017/18, $10,000 in 2018/19



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• subject to: i. Council adopting of budgets providing for Icon Event funding in the corresponding

financial years. ii. A sponsorship agreement being established between the Shire and the Event

Organiser. iii. The Event Organisers meeting event compliance as determined by the Shire.

ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR TOWNSHEND, CR SMART OM2016/134 That Council: 1. Notes previous Icon Event funding commitments made for the 2016/17 and 2017/18

financial years as follows: Event 2016/17 2017/18 Reference CinefestOz Film Festival 25,000 25,000 OM 25/6/2015 Margaret River Region Open Studios 10,000 10,000 OM 25/6/2015 Emergence Creative Festival 10,000 10,000 OM 25/6/2015 Augusta Adventure Fest 7,500 7,500 OM 25/6/2015 TOTAL* 52,500 52,500 *Total does not include Wine Association's Margaret River Marathon allocation. 2. Provides for $135,000 of Icon Events sponsorship in the 2016/17 budget 3. Commits Icon Events funding for 2016/17, 2017/18, 2018/19 as follows:

Event 2016/17 $

2017/18 $





• *Roll over and re-start original multi-year agreement, allocating $2,500 for

2016/17, $5000 in 2017/18, $10,000 in 2018/19


• subject to: i. Council adopting of budgets providing for Icon Event funding in the

corresponding financial years.


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ii. A sponsorship agreement being established between the Shire and the Event Organiser.

iii. The Event Organisers meeting event compliance as determined by the Shire.

CARRIED 7/0


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11.1.6 EXTENSION OF TERMS OF LICENCE AGREEMENT FOR ARTS MARGARET RIVER INC. LOCATION/ADDRESS Margaret River Cultural Centre, 51 Wallcliffe Road, Margaret River APPLICANT/LANDOWNER Arts Margaret River Inc FILE REFERENCE VTL/310 REPORT AUTHOR Annie Riordan, Director Corporate and Community Services

Gary Evershed, Chief Executive Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer IN BRIEF • Arts Margaret River Inc has applied in writing for an extension of the Licence Agreement for the

management of the Margaret River Cultural Centre for a further 3 years from 1 January 2017 to 30 December 2019.

• Normally the administration of contracts and the exercise of contract extensions is dealt with at an administrative level however there is a high degree of interest amongst one or more Councillors in the contract to manage the Margaret River Cultural Centre so a report is being provided for Council decision.

• As Arts Margaret River Inc is not in breach of any licence provisions and has met or exceeded their Key Performance Indicators an extension of the contract is highly recommended along with the provision of a further three year extension option.

RECOMMENDATION That Council: 1. Congratulates Arts Margaret River Incorporated on their excellent management of the Margaret

River Cultural Centre over the past two and a half years under the Licence Agreement; 2. Grants Arts Margaret River Inc a further extension of three years commencing on 1 January, 2017

and expiring on 31 December, 2019; and 3. Updates the Licence Agreement to include a further provision for an extension of three years from

1 January 2020 to 31 December 2022. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In accordance with clause 3.2 of the above Agreement between the Shire of Augusta Margaret River and Arts Margaret River Inc., Arts Margaret River Inc has written to the Shire following a resolution of their Broad of Management seeking to extend the term of the Licence Agreement for the management of the Cultural Centre for a further Term of 3 years from 1 January 2017 to 30 December 2019. The relevant clause of the Licence Agreement (Schedule 1, Item 2- Further Term (Clause 3.2)) is as follows: “Upon receipt of written notice from the Licensee that it wishes to extend the Term of this Agreement and provided that the Licensee: (a) is not in breach of any of the provisions of this licence; and


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(b) the Key Performance indicators specified in Schedule 8 of this Agreement (or such other Key Performance Indicators as have been agreed between the Shire and the Licence during the Term of this Agreement) have been met and/or complied with to the satisfaction of the Shire,

then, the Shire shall grant to the Licensee the Further Term of 3 years commencing on the date following the expiry of the initial Term of this Agreement on the same terms and conditions as this Agreement.” Arts Margaret River Inc are not in breach of any provisions of their license and have met or complied with the key performance indicators outlined in the agreement and so should in the spirit of the license agreement be granted a further three year extension of the term of the agreement. CONSULTATION AND ADVICE External Consultation 2013 Community Satisfaction Survey results show a very positive increase in community satisfaction with the Cultural Centre since the implementation of the licence agreement with Arts Margaret River Inc.

Figure 1: Net Satisfaction by Cultural Services Area – 2016 comparison with 2013

Additionally the performance gap between the importance the community places on the Cultural Centre and the perceived performance of the facility under Arts Margaret River Inc has reduced over the past 3 years and is now closer to meeting community expectations. There is a 91% community satisfaction with Council’s support for Arts and Culture.


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Figure 2: Mean Score Performance Gap (lowest to highest) – Cultural Services

The Cultural Centre is effectively Margaret River’s only public hall for major events, larger cultural activity and public gatherings, and contains the town’s only indoor movie screening capability. It is used for dance classes and other private functions and was used as an emergency evacuation centre during the 2011 Margaret River bushfires. In deciding which management and governance model would be best for the operations of the Cultural Centre the Shire engaged Theatre Consultant Peter Alexander to report on options in May 2013 (Margaret River Cultural Centre – Management and Governance). Peter Alexander recommended that the on-going operations of the Centre be conducted through an MOU with an appropriate Incorporated Association rather than be run directly by the Shire and that a $40,000 once off grant for programming be provided. Peter Alexander’s findings have been recently re-enforced by a study commissioned by the City of Sydney titled “Future Management and Governance Models for City Recital Hall” prepared by Positive Solutions January 2015 (See attachment). The study assessed three options as follows:

1. Direct operation by the City of Sydney (In house), 2. Service contract with commercial operator, 3. Establishment of a dedicated operating company, or 4. Service contract with an existing non-profit organisation using the facility.

The following table summarises the findings: Table 1: Future Management and Governance Models for City Recital Hall Model Advantages Disadvantages/Risks In house Owner-operator alignment

Potential to link with other Council artistic program goals Potential economies of scale by linking with other facilities No cash flow management problems

Employment conditions more generous More difficult to obtain grant funds and donations More difficult to monitor effectiveness as City is both purchaser and supplier Slower decision making processes Lack of relevant experience and time commitment from Council and management Potential political involvement in program Additional management time required in reporting to Council and in hands on supervision of programs.

Commercial Operator

Costs and financial risks contained by contract Staffing cost more cost effective than local government Potential access to multi-venue expertise

Very few successful commercial operators in Australia for arts venues Vulnerable to the financial health of the operator. Operator may wish to gouge profit at the


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Administered with a purchaser/provider relationship

expense of community/arts programs. Quality of building and equipment maintenance may not be a priority for commercial lessee. Operator may focus on commercial activities at the expense of community access and community programs.

Sire specific Operating Company

Customised board with relevant skills and networks. Can be structured to gain corporate and philanthropic support. Staffing costs more cost efficient than local government management. Clear lines of reporting and communication.

Vulnerable to cash flow peaks and troughs. Quality of building and equipment maintenance may not be a priority. Contract will need to identify community outcomes desired. NB: WA Local Govt Act 1995 precludes LGs from establishing commercial entities

Existing Non profit

Builds on strengths and experience (Board, staff, volunteers). An organisation can be selected which has knowledge of arts and cultural development. Officer time not taken up by management requirements.

Will require an annual fee. Vulnerable to the financial health of the operator. May require significant board and organisational development to improve capacity of non-profit provider.

Report Conclusion: The report concluded that the facility would be best managed by a non-profit arts focussed organisation. As there were several existing tenants of the Centre and no suitable existing non-profit organisation the consultants proposed to establish a new non-profit organisation as follows: “The consultants conclude that the establishment of a dedicated non-profit organisation is the appropriate option for City of Sydney to pursue. It is most likely to secure the benefit of third party resourcing (e.g. from foundations and from other levels of government), it will contain personnel costs and eliminate the need for a management fee, and it provides the operator with reasonable autonomy and the benefit of a customised board of management whose recruitment can be designed around skills needs and networks of benefit to CRH. As with all the other options, long-term success will also be dependent upon a well-considered service agreement or contract, effective monitoring arrangements, a cooperative approach to asset management and program development and, if significantly higher outputs are sought in daytime activation and community engagement, some increase in program subsidy.” The conclusion to be drawn from the Peter Alexander study and that of the City of Sydney is that the Margaret River Cultural Centre is best managed as a community and cultural facility by a suitable non-profit arts organisation. DISCUSSION / OFFICER COMMENTS The performance of Arts Margaret River Inc in compliance of the licence agreement is assessed under Schedule 8 of the Agreement. There are 20 Key Performance Indicators as summarised in the report below and should performance be considered sub-standard in seven or more of the indicators then Arts Margaret River Inc would be in breach of the Agreement. Fortunately this is not the case in fact there are many areas of high performance. A summary of Shire assessment is provided in the following tables and additional information. KPI 1 Planning and Reporting

• Compliance with Schedule 7 reporting requirements (100% compliance)

Based on Schedule 7 of the Licence Agreement, there are a total of ten reporting requirements to be met. Negotiation over the life of the agreement has occurred in regards to the required dates to be met for reporting to amend in line with calendar year reporting as is undertaken by Arts Margaret River. All reports are required on an annual basis with the exception of the six monthly Operations Report. Reporting was received as per the requirements of Schedule 7 for 2014 and 2015.


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Table 2: Licence Agreement Reporting Requirements

Clause Report

5.1.6 Audited Accounts

5.2.1 Marketing and Promotions Plan

5.4 Operating Manual

5.5 Annual Business Plan

5.6 Six monthly Operations Report

5.9.2 Annual Program

10 Liquor Licence

12 Insurances

13.4 Licensee’s Asset Register

15 Capital Development Program

KPI 2 Financial

• Annual Revenue and expenditure budgets (revenue exceeds expenditure) • Meeting all financial statutory and regulatory requirements (100%)

In 2015 Arts Margaret River Inc generated a further $1.80 for every dollar invested by the Shire in their Management Fee. This turnover of $655,000 resulted in a small profit of $5,500 which is in addition to the profit of $8,633 which was generated in 2014. Arts Margaret River Inc also attracted grants of $121,000 (2015) and sponsorship of $41,000 from over 70 sponsors, all areas of income for which the Shire would not be eligible. Income excluding grants and donations has grown by almost 50% on 2013 (excluding income growth from the Shire licence fee). Fundraising events and an improved income stream from the Special Facility Liquor Licence have also contributed towards a reduced dependence on grants, from nearly half of income in 2013 to approximately one sixth in 2016. Arts Margaret River Inc have also established a new charitable fund, the HEART of Margaret River Foundation which has tax deductable status. This fund will be formally launched in late 2016 and funds raised will be used to purchase assets to assist with the redevelopment of the Cultural Centre. KPI 3 Marketing

• Number of tickets sold in Venue and number of users (20% increase) • Loyalty/Membership program (establishment of base year data) • Number of business events in Venue (minimum 3 days) • Number of intrastate, interstate and international patrons (establishment of base year

data)

The Cultural Centre is a multipurpose facility and recorded 31,535 users in 2015 which is a 47% increase on 2014 attendances (21,450). Community hire activities resulted in 10,841 attendances or 34.4% of the total.


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Table 3: Margaret River Cultural Centre Attendance by Type, 2015[1]

2015 Figures for Visitation Users Community Hire 10,841 Commercial Hire 1,878 Arts Margaret River Entrepreneurial Shows 6,995 Cinema Patrons 6,261 Exhibitions attendance 3,060 Visitors to the venue (enquiries, visitors, purchase of tickets, etc.) 2,500

TOTAL 31,535 Ticketed events also exhibited a high level of growth with 16,316 ticket sales in 2015 in comparison with 2014 of 9,260 tickets, a 76% increase. Arts Margaret River Inc currently has membership list of 274. There was a change in policy in 2015 whereby a family membership category was developed and this has allowed individual members to be combined into a family membership category. The result of this policy is that it is not possible to compare member numbers in 2014 to 2015. Corporate members increased from 10 in 2014 to 11 in 2015. Business events are still an emerging market for the Cultural Centre with the following users in 2015: Medicare Local 01/05/2015 RAC 22/06/2015 Margaret River Chamber of Commerce and Industry 17/09/2015 Margaret River Gourmet Escape 20/11/2015 These events meet the KPI requiring a minimum of three days of business events per annum. KPI 4 Venue Management

• Successful recruitment of key staff positions as outlined in adopted business plan (100%)

• Compliance with all regulatory, legal and licencing requirements annually (100%) • All events, functions, performances etc have signed contracts (100%) • Hirer and customer satisfaction (greater than 85% satisfactory for any surveys and

absence of any repeated avoidable complaints) A number of changes in management have occurred over the life of the licence agreement to meet high levels of service and compliance and to account for growth. In 2016 a new General Manager was recruited and the role was split from the Marketing Manager position. Fulltime and part time staff employed equate to 4.5 full time equivalents (FTE) and are supplemented by the eight member volunteer Board of Management and the approximately 145 active volunteers.

(1) Arts Margaret River Inc., figures for 2015


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. Figure 3: Arts Margaret River Organisational Chart

In 2015 a Special Facility Liquor Licence was obtained for the venue which enabled an improved and consistent bar service for audiences and hirers and which has also supplemented income for Arts Margaret River Inc. Arts Margaret River Inc has advised that there is full compliance with the requirement to have signed contracts for all events, functions and performances. To date no complaints have been received by Arts Margaret River Inc however they have received significant feedback and compliments in regards to events held at the Cultural Centre. KPI 5 Community Engagement and Outreach

• Local community usage on an annual basis (establishment of base year data) • Conducting of events in Cowaramup and Augusta either in independently or in

collaboration with local groups (min 3 per year in each location) • Number of active volunteers on the register and the estimated value of volunteer hours

contributes @ $20 per hour (establishment of base year data) Some 56 community based organisations have used the facility in the past three years as listed in the following table. Community groups hire the facilities for 40% of the cost of commercial hirers which essentially requires a subsidisation by Arts Margaret River Inc. particularly where technical support is required.


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Table 4: Current Users of the Margaret River Cultural Centre (2013, 2014, 2015)[2] Leeuwin College of Performance Montessori School

Outloud Dance academy Margaret River Roller Derby Club

South West Academy of Dance Margaret River Board Riders Association

Margaret River Senior High School ETC Dance

Open Studios Cinéfest OZ

Schmick Entertainment Arts Margaret River

Margaret River Theatre Group Rotary Club of Margaret River

University of the Third Age Lions - Margaret River District 201W2

Augusta Square Dance Margaret River Dance Club

MRIS Annual Art Auction Swing Dance

AMR Historical society Seniors Recreation - Southwest Branch

Margaret River Chamber of Commerce Margaret River Climate Action Group

Agricultural Society AMR Filipino Community

St Thomas More Primary School Bunbury Repertory club

Margaret River Primary School Sahaja Yoga

Karridale Primary school Artzability Inc.

Cowaramup Primary School Margaret River Baptist church

Foam Lust Surf Expo Oz Swim WA

Autism WA Augusta Margaret River Shire

Acting up Theatre group Rathburn Wine

Brand Events Southwest Opera Company

Blackwood Dance Amnesty Margaret River

Margaret River Concert Band Aerial Silks

Qi Gong Surfside Church

Breast screen Van Margaret River Region Open Studios

Osteoporosis Van Medicare Local

Community Arts Network Shitbox Rally Fundraiser

Margaret River Ballroom Dance MR Off-road Cycling Association

Community Outreach Augusta and Cowaramup The following information has been provided by Arts Margaret River Inc: 2014 – Cowaramup

• 2 February 5pm – Olivia, 6pm – Jazztrix • 9 February 5pm – Tony Lane Electric, 6pm – The Impressions • 16 February 5pm – mUnk, 6pm – Big Bark Boogie • 23 February 5pm – Margaret River Concert Band, 6pm – Doxy

These Sunday Sundowners are free family concerts that attract approximately 500 people each Sunday, with a total attendance of approximately 2000 over the month. They are well

[2] Arts Margaret River Inc. supplied figures 2013,2014 & 2015


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attended by local families of all ages. Two bands perform each week and they are local to the South West.

• Week commencing 12 May - Readers & Writers Festival ‘Children’s Festival’ Cowaramup Primary School. These talks were attended by all children at this school.

2015 – Cowaramup

• 1 February 5pm – Blue Child Collective, 6pm – The Moonlight Era • 8 February 5pm – Bethwyn Marie, 6pm – Doxy • 15 February 5pm – The Impressions, 6pm – Exploding Letter Boxes • 22 February 5pm – The Good Time Conductors, 6pm – Beeva Feeva

Attendance - approximately 500 people each Sunday, with a total attendance of approximately 2000 over the month.

• Week commencing 25 May - Readers & Writers Festival ‘Children’s Festival’ Cowaramup Primary School These talks were attended by all children at this school.

• Sunday 31 May – Readers & Writers Festival ‘How I became the Mr Big of people smuggling’ This author talk was held at the Cowaramup District Club. Cost was $20 and included a glass of wine on arrival. Attendance – 8 people

2016 – Cowaramup

• 7 February 5pm – The NBC, 6pm – The Acitones • 14 February 5pm – Doxy, 6pm – John Stringer Band • 21 February 5pm – Wil Thomas, 6pm – Dave Mann • 28 February 5pm – Douce Ambiance, 6pm – Rastajazz

Attendance - approximately 500 people each Sunday, with a total attendance of approximately 2000 over the month.

• Week commencing 30 May - Readers & Writers Festival ‘Children’s Festival’ Cowaramup Primary School. These talks were attended by all children at this school.

2014 – Augusta • Week commencing 12 May – Readers & Writers Festival ‘Children’s Festival’ Augusta

Primary School and Karridale Primary School Author visits. These talks were attended by all children at these schools.

• Friday 16 May – Readers & Writers Festival Event ‘Poetry talk’. This free talk was held at the Augusta Hotel. Attendance – 5 people.

• Sunday 7 December - Monkey Chief. Live local band performance at the Augusta Centennial Hall. Tickets $20 with $15 as a fundraiser to the Augusta Hospital and $5 to Arts MR towards band performance fee. Attendance – 17 people

2015 – Augusta

• 29 January 2015 – The Listies (Children’s live touring show) Total tickets sold: 91 of which 7 were from Augusta, 10 from Karridale and the rest from Margaret River and surrounds. This live show had full production requirements and additional sound and lighting equipment had to be transported to Augusta with full technical production required by Arts Margaret River’s technician.

• 26 April 2016 – Anzac Day special movie screenings at Augusta Centennial Hall A FREE afternoon movie ‘Beneath Hill 60’ was screened with tea/coffee and biscuits provided prior. 12 people attended. In the evening ‘The Water Diviner’ was screened with tickets charged at regular Arts Margaret River prices. 29 people attended.

• Week commencing 25 May – Readers & Writers Festival ‘Children’s Festival’ Augusta Primary School and Karridale Primary School Author visits. These talks were attended by all children at these schools.

• Saturday 30 May – Readers & Writers Festival Event ‘Writing Stories Together’. This free workshop was held at the Augusta Hotel. Attendance – 8 people.

• Saturday 30 May – Readers & Writers Festival Event ‘Season to Rhyme’. This talk cost $20 and was held at the Augusta Hotel. Attendance – 4 people.


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2016 – Augusta

• 22 & 23 January 2016 (school holiday movies) at the Augusta Centennial Hall. Friday evening family movie screening of ‘Oddball’ – 42 people attended. Saturday 11am kids movie ‘Minions’ (all tickets $8) – 6 people attended. Saturday 2pm kids movie ‘Pixels’ (all tickets $8) – 13 people attended. For cinema screenings Arts Margaret River’s technician transports and sets up a digital projector, 2x DVD players, additional sound equipment and a screen. Box office and kiosk sales staff are also required.

• Week commencing 30 May – Readers & Writers Festival ‘Children’s Festival’ Augusta Primary School and Karridale Primary School Author visits. These talks were attended by all children at these schools.

• Friday 3 June – Readers & Writers Festival ‘ Poet reading and performance’. Free event held at the Augusta Library. Attendance 15 people.. Sunday 31 July – The Seekers live tribute Show at Augusta Centennial Hall

Arts Margaret River Inc has a volunteer base of 234 registered volunteers of which approximately 145 are active. In the last 12 months there has been on average 49 volunteers per month assisting Arts Margaret River Inc with events, productions and administration with an average of 394 volunteer hours per month (with November 2015 being the month with the highest volunteer numbers and hours being 61 volunteers and 679 volunteer hours). This equates to 4728 volunteers hour in a twelve month period or approximately 2.4 full time equivalent of staffing. Conservatively valuing this human resource at a $23.60 per hour base rate plus 20% on costs or $28.32 per hour equates to $133,897. Rates for evenings, public holidays and Sundays when many performances are held attract penalty rates which are up to double the base rates of pay. KPI 6 Cultural Development

• Facilitate collaborations between community groups/art forms (min of 2 per year) • Initiate and/or develop community cultural projects for performance/participation in the

Margaret River Cultural and Events Centre (min of 1 per year) Arts Margaret River Inc’s cultural program has been broad and varied to cater for all age groups and tastes. The 2015 program included 21 entrepreneurial shows in addition to the Sunday Sundowners and the Rock and Roll Dance. The live shows catered for the following demographics: seven children’s shows, two teen/young adult shows, three classical music shows (including opera), six theatre shows, five contemporary music shows and three live entertainment show. Free events included the Sunday Sundowner events (Cowaramup), Barber of Seville opera simulcast, Anzac Day movie screening and event (Augusta) and the Symphony in the City simulcast. Special projects and events presented by Arts Margaret River Inc included four Art Workshops, an Open Garden Event and a Birdhouse Exhibition/Auction for the community. Arts Margaret River Inc has also collaborated with the following community groups and organisations during 2014 and 2015:

Table 5: Community Events 2014 Community group/Organisation Event

MR Theatre Group Pantomime Technical support and marketing of show Augusta Square Dancing Club Technical support Independent Schools Technical support and Front of House Open Studios Volunteers and venue support St Thomas More School Disco night Technical support and Front of House Schmick Theatre Little Women Technical support and marketing of show Cinefest Oz Film festival Volunteers and venue support


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Margaret River Primary School Technical support Seniors Recreation SW Branch Aged Care Games

Technical support

Margaret River Theatre Group Don’s Party Technical support and marketing of show Acting up Theatre group Children’s Theatre Technical support and Front of House Brand Events Gourmet Escape Volunteers and venue support Amnesty Margaret River Movie Screening Technical support and projectionist St Thomas More Primary School Indonesian Cultural Concert

Technical support and Front of House

Table 6: Community Events 2015

Community group/Organisation Event

Surfside Church Watoto Children’s Concert

Margaret River Primary School P&C That Sugar Film screening

Foamlust Surf Expo Expo over Easter long weekend

Diabetes Association Film screening fundraiser

Margaret River Offroad Cycling Assoc Film screening fundraiser

Fair Harvest Permaculture Mini beanie festival including free workshops

Leeuwin Concert Volunteers for VIP ushering

Gourmet Escape Volunteers for ticket collection

Cinefest Oz Volunteers for ushering and box office

Deja Moo Volunteers for assisting at events

Amnesty Margaret River Support for film screenings/talks

Artzability Sponsorship for rehearsal and concert

Margaret River Open Studios Collaborative exhibition

Margaret River Chamber of Commerce Sponsorship of awards event

The most significant cultural development event undertaken by Arts Margaret River Inc is the annual Margaret River Readers and Writers Festival. The festival is in its eighth year and this year was the largest run in both terms of time and number of events and was a success in regards to author and participant feedback, ticket sales and the raising of the profile of the festival for locals and intrastate visitors. Total ticket sales over the course of the event was 956 adult tickets (a 33% increase on the previous year) and 4,458 children’s tickets (a 132% increase on 2015). Attendance at the entire festival was 11,213. The Young Readers and Writers Festival children’s literature component set a new attendance record with an incredible 132% increase in participation with students in 17 schools involved in the Shire and the City of Busselton (Augusta, Karridale, Margaret River, Cowaramup, Vasse, Busselton and Dunsborough). Other cultural development programs with which Arts Margaret River Inc are involved are:

• Support for local visual artists in the monthly gallery exhibitions and the annual Visual Stories art competition in conjunction with the Readers and Writers Festival

• The Margaret River Theatre Group is an active and frequent user of the Cultural Centre and receives support for the technical aspects of their programs

• Arts Margaret River Inc is sponsoring a young school student as an early-career arts venue technician with the potential to expand to an ongoing program

• Readers and Writers Festival workshops for aspiring self-publishing authors • Use of the auditorium for local dance classes


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KPI 7 Risk Management /OH&S

• Operating policies and procedures manual updated and signed off by Licensee Board of Management (annually)

• Reporting of all serious venue and event related incidents and accidents which require medical treatment or may result in insurance claims against the Shire or the Licensee intervention of result in media enquiries (100% written)

Arts Margaret River Inc at the commencement of the Licence Agreement was required to develop an Operations Manual and policies and procedures in line with the requirements of Clause 5.4.5. All policy and procedure requirements have been met with additional policies and procedures developed where required to meet need (ie liquor licencing requirements). During the term of the Licence Agreement there have been two incidents (2014) which have been reported to the Shire, one for an on-stage accident resulting in first aid and one for a near miss incident resulting from equipment use. Incident reports were completed for both instances and reporting was provided to the Shire. KPI 8 Asset Management

• Undertaking maintenance as required by contract (100%) • Timely reporting of major maintenance and upgrading requests to the Shire (100%

placed) Arts Margaret River Inc’s Technical and Facilities Manager works closely with the Shire’s Coordinator Building Assets and Maintenance to identify any major maintenance issues arising at the Cultural Centre. Capital projects have been recently progressed in the flytower and equipment upgrades which were completed in 2015 and the loading dock configuration in 2016 and of which the Technical and Facilities Manager was heavily involved. Arts Margaret River Inc has also invested in the Cultural Centre through the purchase of a digital projector in 2015. The purchase of this projector has allowed Arts Margaret River Inc to resume the screenings in house replacing the previous arrangements whereby Twilight Cinemas conducted the screenings under a commercial arrangement. Upgrades to the box office and kiosk area have also been funded and implemented by Arts Margaret River Inc. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS In 2013 Council committed to investing significantly more in the upgrading and management of the Margaret River Cultural Centre facility. In line with this scale of commitment and importance of the new facility, Council called for expressions of interest by advertising statewide for the ongoing management of the facility in that year. Following a major capacity building and restructuring process, Arts Margaret River Inc was successful in being awarded the contract. Council entered into a three by three year licence agreement with Arts Margaret River Inc on the greatly enhanced management fee in the base year 2014 of $230,000 per annum, indexed to inflation, for these services. The first three year term of this contract will conclude at the end of 2016. The Licence Agreement is based a comprehensive legally constructed agreement used in a large theatre complex in Sydney and adapted for the Shire of Augusta Margaret River. The contract may be terminated due to a serious breach of the agreement which cannot be rectified and by either party with sufficient notice which in the case of the Shire is twelve months’ notice. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 2: Welcoming and inclusive communities Community Outcome 1: Sense of identity and belonging Strategic Response 1.1: Foster participation in cultural events and activities that encourage a sense of identity and belonging Service level strategy: Facilitate compliance of the licence agreement for the Cultural Centre


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PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The following graph compares the budgeted cost of running Council sporting and cultural facilities in 2015-16. Cultural Centre activities and outreach require a $253,000 investment of ratepayer funds compared to libraries at $772,000 and the Aquatic Centre at $563,000. Figures do not include depreciation.

Figure 4: 2015-16 Recreation and Culture Budgets

In 2015 Arts Margaret River Inc generated a further $1.80 for every dollar invested by the Shire in their Management Fee. This turnover of $655,000 resulted in a small profit of $5,500 and also attracted grants generated and sponsorship from over 70 sponsors for which the Shire would not be eligible. As previously mentioned in a twelve month period a team of 145 active volunteers contributed 4,728 hours of voluntary service conservatively valued at $23.60 per hour at the base casual rate plus 20% on costs or $28.32 per hour equating to $133,897. Rates for evenings, public holidays and Sundays when many performances are held are up to double the base rates of pay. SUSTAINABILITY IMPLICATIONS Environmental Nil Social The Cultural Centre is currently used by over 31,000 users per year and is Margaret River’s only town hall, indoor cinema and Margaret River’s emergency evacuation centre. The venue is used for Circuit West shows, commercial buy in shows, school concerts and graduations, Cinefest Oz screenings and local cinema, dance classes, the annual Readers and Writers Festival, musical concerts, Shire whole of staff meetings, MRCCI Awards Presentation nights, cabarets, the upcoming Lions Convention, art exhibitions, community events and so on. Its importance to the community is therefore high.


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Economic Independent research conducted for the Shire by the Western Research Institute (WRI) in Ballarat indicates that Cultural Centre activity generated about $1.8 million per annum in flow on economic benefits into the wider community. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Congratulates Arts Margaret River Incorporated on their excellent management of the Margaret

River Cultural Centre over the past two and a half years under the Licence Agreement; 2. Grants Arts Margaret River Inc a further extension of three years commencing on 1 January, 2017

and expiring on 31 December, 2019; and 3. Updates the Licence Agreement to include a further provision for an extension of three years from

1 January 2020 to 31 December 2022. ADVICE TO APPLICANT / PROPONENT Licence Agreement extension to be progressed on resolution. ATTACHMENTS 1. Future Management and Governance Models for City Recital Hall – January 2015 Positive

Solutions

RECOMMENDATION CR TOWNSHEND, CR LANE That Council: 1. Congratulates Arts Margaret River Incorporated on their excellent management of the

Margaret River Cultural Centre over the past two and a half years under the Licence Agreement;

2. Grants Arts Margaret River Inc a further extension of three years commencing on 1 January, 2017 and expiring on 31 December, 2019; and

3. Updates the Licence Agreement to include a further provision for an extension of three years from 1 January 2020 to 31 December 2022.

Cr Townshend proposed the following amendment: AMENDMENT That that following wording be added to the end of dot point 3 of the recommendation: subject to compliance with the tender regulations included in the Local Government (Functions and General) Regulations 1996.

CARRIED Reason for amendment: During debate on the item Cr Hastie raised concerns regarding the granting on an extension without going back to tender. The amendment ensures the extension complies with the tender process. This then became the primary motion and was put to vote: PRIMARY MOTION / COUNCIL DECISION CR TOWNSHEND, CR LANE OM2016/135 That Council: 1. Congratulates Arts Margaret River Incorporated on their excellent management of the

Margaret River Cultural Centre over the past two and a half years under the Licence Agreement;


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2. Grants Arts Margaret River Inc a further extension of three years commencing on 1 January, 2017 and expiring on 31 December, 2019; and

3. Updates the Licence Agreement to include a further provision for an extension of three years from 1 January 2020 to 31 December 2022 subject to compliance with the tender regulations included in the Local Government (Functions and General) Regulations 1996.

CARRIED 6/1 CR HASTIE VOTED AGAINST


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11.2. Sustainable Development


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11.2.1 PROPOSED SALE OF LOT 26 LE SOUEF STREET MARGARET RIVER LOCATION/ADDRESS Lot 26 Le Souef Street Margaret River APPLICANT/LANDOWNER Bekkevold MP FILE REFERENCE PTY/10610 REPORT AUTHOR Ian McLeod, Coordinator Legal Services AUTHORISING OFFICER Nick Logan, Acting Director Sustainable Development IN BRIEF • On 11 March 2011 Council adopted the Land Asset Management Plan (LAMP) that included the

action to dispose of Lot 26 Le Souef Street (the Site). • Until 2013 a formal lease existed over the Site in favour of Broadcast Australia for the installation

of a satellite dish for digital television services to Margaret River. • As part of the 2014 LAMP Review Council adopted the recommendation to remove Broadcast

Australia Infrastructure and rezone the land to R30/40. • The Shire engaged an agent to seek expressions of interest (EOI) for sale by tender in

September 2015. • After no EOIs were received the Shire listed Lot 26 on the open market for $399,000. • There were no reasonable offers made between the listing and April 2016 and on 11 April the

Shire obtain a new valuation from an independent land valuer, who assessed the value of the land as to be $330,000 inclusive of GST.

• On 23 May 2016 the Shire’s agent received an offer of $300,000 with $30,000 GST payable on the transaction (the Offer).

RECOMMENDATION That Council: 1. Notes that no submissions were received in response to the local public notice of the proposed

sale of Lot 26 Le Souef Street for $300,000, exclusive of GST to Myrna Penol Bekkevold. 2. Enters into an agreement for the sale of Lot 26 Le Souef Street and executes all necessary

documents. LOCATION PLAN


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BACKGROUND The Site The Site is a Shire owned freehold lot located approximately 400 metres east of the main street of Margaret River. The lot is 1012m2 and previously contained the former State Emergency Services (SES) building which was built extending through the Site and Lot 25 to the south. Broadcast Australia Pty Ltd formerly leased a portion of the Site for its broadcast infrastructure but has recently moved to the adjoining Lot 25. Surrounding land to the north, east and west is developed for residential purposes with lot sizes consistent with The Site. A shopping centre and the local fire and rescue service are located to the south west while a tourism development is located to the south on the corner of Le Souef Street and Wilmott Avenue. The Land Asset Management Plan In 2009 valuers were engaged to undertake an audit of the Shire’s land holdings and to make recommendations on ways of better managing and capitalising on these land assets. On 11 March 2011 Council at its Special meeting adopted the Land Asset Management Plan (LAMP) including a range of short, medium and long term recommendations for land assets. On 11 June 2014 Council adopted a reviewed LAMP that included a number of revised actions. The Site was identified as an opportunity for a future sale. The neighbouring site, Lot 25 Le Souef Street, Margaret River was sold for $600,000 to Crown Castle in 2011 under a first option to purchase clause in their lease. The Site has been offered to sale to Broadcast Australia, Woolworths and Crown Castle. This did not result in any firm interest. In the March 2012 LAMP Review Council resolved: “That Council proceed with sale of Lot 26 Le Souef Street, Margaret River by private treaty and should this not be achieved, proceed with sale by public tender.” In 2014 Broadcast Australia removed their infrastructure from the Site and placed it on Lot 25. In the June 2014 LAMP Review Council made the following resolutions: That Council -

1) Demolishes and removes the old SES building that straddles both Lot 25 and Lot 26 Le Souef Street, Margaret River.

2) Includes $35,000 in the 2014/15 budget for half the cost of the demolition and removal of the old SES building and pursues an agreement with Crown Castle Pty Ltd for sharing the costs of the work.

3) Rezones Lot 26 from Public Purposes to Residential R30/40. 4) Identifies Lot 26 as a priority property to be sold at an appropriate time to contribute

towards funding key community projects in the Margaret River area. 5) Retains this item as a short term priority in LAMP

In early 2015 the Shire initiated a rezoning of the Site from public purposes to Residential R30/40. This amendment was finalised in April 2016. The SES building was also removed from the Site in 2015, with the $70,000 cost being shared with the owners of Lot 25. The listing and offers The Shire engaged a real-estate agent, Acton Margaret River, to seek expressions of interest for sale by tender in September 2015. In November 2015, after no EOIs were received and following advice from Acton, the Shire listed the Site on the open market for $399,000. There were no reasonable offers made between the listing date and April 2016. An informal offer of $265,000 was made in February 2016. On 23 May 2016 the Shire received an offer of $300,000 exclusive of GST (the Offer) for the Site. In the Offer the buyer has acknowledged that the Local Government Act 1995 imposes a statutory process on the seller when disposing of property and further acknowledges that it may take up to 7 week before the seller can formally accept the offer (see legal implications below). The Offer also


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allows the buyer 45 days from the date of the offer to conduct investigations in to what can be developed on the site. The Offer should therefore stay open until the week ending 15 July 2016. CONSULTATION AND ADVICE The proposed sale of the Site was advertised in the Shire’s local public notices in the Augusta Margaret River Times on 2 June 2016. This included the offer amount, an independent valuation and a call for submissions by 17 June 2016 as required by section 3.58 of the Local Government Act 1995. No submissions were received. LMW valuers were engaged to provide a valuation of the Site. A report was provided to the Shire that considered the assessed market valuation of the Site to be $330,000. The report noted:

“The value of the property is considered to be severely impacted from its location next to a mobile phone tower and communication satellite facility and the negative impact of close proximity to these facilities is well known. … In arriving at my valuation, I have analysed recent sales transactions of similar properties situated within the general locality, together with market trends. Sale 2 is considered the most comparable. Although having a residence I have deducted the added value of the improvements to arrive at a land value. This property is the most recent sale and has a near identical location. I have also taken into consideration the asking price of the property and the fact that it has not yet sold. After analysis of the sales evidence within the Margaret River locality, it is my opinion that the subject property has a market value within the range of $320,000 to $340,000 and I have adopted a market value of $330,000.”

DISCUSSION / OFFICER COMMENTS The Offer is $30,000 below the assessed market value in the 2016 Valuation. However, when taking into account GST the Offer is exactly the same as the assessed value. In relation to the timing of the offer, the 2016 Valuation notes that there was increased activity in the sub-$500,000 market in 2013 and 2014 but that sales have since slowed. Reduced property values in Perth and a more difficult lending climate for property development appears to be having an impact on development site values. The 2016 valuation report suggested that the Shire may have to factor in a long marketing period to obtain market value. Realising the assets capital value is consistent with the Council’s advice and adopted position in LAMP. The capital realised from the sale can then be invested in the Margaret River main street upgrade consistent with the Shire’s long term financial plan. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Under Section 3.58(3) of the LGA a local government can dispose of property if, before agreeing to dispose of the property —

(a) it gives local public notice of the proposed disposition — (i) describing the property concerned; and (ii) giving details of the proposed disposition; and (iii) inviting submissions to be made to the local government before a date to be specified in

the notice, being a date not less than 2 weeks after the notice is first given; and (b) it considers any submissions made to it before the date specified in the notice and, if its

decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes.

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2014-2018 Goal 3: Manage Growth Sustainably - Contribute to proposals for beautification: Strategic response – sale will contribute to the Margaret River main street upgrade Community Outcome 2.1: Develop and implement Masterplans for centres, towns and villages to preserve and enhance their unique character Strategic Response: Progress and complete Stage I and II of Margaret River Main Street Town Centre Improvements


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Service level strategy/plan: Direct the funds from the Site’s sale to the main street upgrade. PLANNING FRAMEWORK The Site is zoned Residential R30/40 and the best use of the land would be residential subdivision and development. The fact that the offer includes GST indicates that the buyer would likely subdivide the Site for residential development. FINANCIAL IMPLICATIONS The funds from the Site’s sale are critical to continuing the main street upgrade. SUSTAINABILITY IMPLICATIONS Social The development of the Site for residential purposes will increase activity within the town centre. Economic The capital realised from the sale can then be invested in the Margaret River main street upgrade consistent with the Shire’s financial plan. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Notes that no submissions were received in response to the local public notice of the proposed

sale of Lot 26 Le Souef Street for $300,000, exclusive of GST to Myrna Penol Bekkevold. 2. Enters into an agreement for the sale of Lot 26 Le Souef Street and executes all necessary

documents. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Valuation Report 2. Contract for Sale of Land RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR KENNAUGH OM2016/136 That Council: 1. Notes that no submissions were received in response to the local public notice of the

proposed sale of Lot 26 Le Souef Street for $300,000, exclusive of GST to Myrna Penol Bekkevold.

2. Enters into an agreement for the sale of Lot 26 Le Souef Street and executes all necessary documents.

CARRIED 7/0


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11.2.2 EXTRACTIVE INDUSTRY LOCAL LAW LICENCE APPLICATION - LOT 9500 BURNSIDE ROAD, BURNSIDE

LOCATION/ADDRESS Lot 9500 Burnside Road, Burnside APPLICANT/LANDOWNER Ahola Planning on behalf of M Gray – Margaret River Earth Cartage FILE REFERENCE PTY/10656 REPORT AUTHOR Nick Logan, Acting Director Sustainable Development AUTHORISING OFFICER Gary Evershed, Chief Executive Officer IN BRIEF • In 2014 the Shire adopted the Extractive Industry Local Law 2014 (the Local Law) as a method of

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

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

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

• The application was advertised from 7 December 2015 to 22 January 2016. 108 submissions were received of which 36 were in support, 65 registered their objection and 7 were from government agencies providing advice.

• The application contains sufficient information to recommended conditional approval under the provisions of Part 3 of the Local Law. Conditions are proposed to address, where appropriate, the issues that were identified through consultation and assessment.

RECOMMENDATION That Council resolves to approve the application for a Licence, under the Shire of Augusta Margaret River Extractive Industries Local Law 2014, to M Gray – Margaret River Earth Cartage for the extraction of sand and gravel on Lot 9500 Burnside Road, Burnside, subject to conditions. LOCATION Lot 9500 Burnside Road, Burnside (the Site) is located between Caves and Burnside Road. There are three entrances to the Site: • One utilised in association with agricultural use and access to a dwelling towards the east of the

Burnside Road frontage. • The second from the partially completed deviation of Burnside Road. • The third an unapproved access point to Caves Road on the western frontage. The site is currently 135ha in size. Central portions of the Site are utilised for the extraction of sand and gravel. The balance of the Site is pasture, wet areas and remnant vegetation. The Site contains a dwelling to the north east and buildings used in conjunction with the earthmoving business immediately adjacent to Lot 212 Burnside Road. A subdivision approval has been progressed (WAPC:142748) which will divide the Lot 9500 into three lots (see Attachment 1) being: • Lot 220. A 32.5ha lot largely covered in remnant and set aside for conservation purposes. Lot

220 is zoned ‘Rural Residential’ but restricted in development potential under the provisions of LPS1, the associated Structure Plan and future conservation covenant. The covenant would come into effect once a title for Lot 220 is issued;


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• Lot 9501. Two portions severed by the future Cusmao Retreat totalling 17.6ha and set aside for the purposes of future rural residential development;

• Lot 9001. This 82ha portion of the site is that which contains the area proposed to be excavated; and

• The realigned Burnside Road reserve. The creation of Lot 9001 is significantly progressed with the Deposited Plan placed ‘in order for dealings’ (able to be created as an entity but subject to a request for titles to be issued). The Deposited Plan will lapse prior to the Council meeting (see Attachment 1), but is also able to be acted on prior to the meeting. It should also be noted that Figure 1 below shows an adjacent Lot 9001 that is not related to this matter. The Site is bounded by land zoned rural residential (east, south and south west), priority agriculture (north) and Leeuwin Naturaliste Ridge landscape amenity (west on the opposite frontage of Caves Road). Further west is reserved land zoned National Park and Nature Reserve. Figure 2 shows the relative zoning and purpose of the Site and surrounding land.

Figure 1: Location Plan


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Figure 2: Excerpt from LPS1 Map (Zoning) BACKGROUND The Site has an extensive history which can be considered in two main components: • The history of land use, which includes agriculture, extractive industry (sand and gravel), the

operation of a machinery hire business, and the dumping of material on the Site. The extractive industry and dumping of material have been subject to previous unresolved compliance processes.

• The zoning and subdivision of portion of the Site for rural residential purposes. These two components of the history of the Site have overlapped and the following chronology of events details both of these components, however specific reference to evidence of historical land use and compliance matters is provided later in this report: • The Site is a portion of what was originally Location 482 Burnside Road, from which the Woodland

Drive and Burnside Road Rural Residential subdivisions were created by the current owners of Lot 9001.

• 1993/94 – A subdivision application was lodged and approved on appeal to the Minister which created Lot 20 Burnside Road. The basis of this application was the excision of an earthmoving business from Location 482, which was also identified at the time as being partly location on the western side of Burnside Road.

• 1997 – A Scheme Amendment was pursued which eventually zoned the Woodland Drive area for rural residential purposes.

• 1999 – Woodland Drive created. • 2000 – Request to initiate rezoning for portion of Location 482 west of Burnside Road. • 2002 – Council refuse to initiate rezoning for land west of Burnside Road, principally for reasons of

inconsistency with the LNRSPP designations but including the potential for land use conflict. Landowner subsequently lodges subdivision application for rural residential sized lots under the Rural zoning (WAPC: 119849).

• 2003 – Shire advises WAPC it does not support the subdivision application (WAPC: 119849). WAPC subsequently refuse the application.

• 2004 – Landowner appeals subdivision approval to what is now the State Administrative Tribunal. • 2005 – The Shire becomes ‘joined’ (able to participate) in the appeal process through application

in the Supreme Court.


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• 2006 – Following a process of mediation at the Tribunal the Council initiates Amendment 159 to rezone portion of Location 482 west of Burnside Road for rural residential development.

• 2007 – Amendment 159 gazetted, WAPC 119849 subsequently approved by consent orders in the Tribunal.

• 2009 – Lots 212 to 219 Burnside Road created. • 2014 – Extractive Industry Local Law created. Subdivision approval for rural residential land

renewed in the area of proposed Lot 9501. The subdivision approval includes a requirement to remove the existing outbuildings, and to construct the realignment of Burnside Road, which are both actions that are triggered by the future subdivision of that land for rural residential purposes.

• 2014 – Deposited Plan at Attachment 1 placed in order for dealings (Lots 9001, 9501 and 220 able to be created). Deposited Plan has two years from this date for titles to be issued on request.

• 2015 – Extractive industry licence application made. • 2016 – Shire issues a direction under the Planning and Development Act to cease excavation and

rehabilitate all land within 200m of Caves Road. PLANNING FRAMEWORK Local Planning Scheme No. 1 Local Planning Scheme No.1 (LPS1) came into effect in 2011. The zoning of the Site under LPS1 is Priority Agriculture. Extractive Industries are permitted in this zone subject to prior planning approval; however, clause 4.8 of the Scheme states that no provision in the Scheme is to be taken to prevent the continued use of any land for the purpose for which it was being lawfully used immediately prior to the Gazettal date. Clause 4.8 provides what is termed a ‘non-conforming use right’ for a legally established land use or development that doesn’t have or need prior approval. This non-conforming use right will remain in place for as long as a use is continuous. For a use to be considered continuous clause 4.10 provides that a non-conforming use right is extinguished if the use ceases for 6 months. Clause 4.8 of LPS1 provides for protection of continued operation of non-conforming uses. The principle behind clause 4.8 is that changes in planning rules which occur via changes of zoning, or new requirements for approval, do not prohibit land use or development that was legally established prior to these rules coming into operation. Several considerations can be given as to the extent of any particular non-conforming use. Matters such as natural barriers to expansion and constraints under previous planning regimes are relevant to determining the extent of any non-conforming use that applies in a particular circumstance. The use rights are generally considered to apply to an entire property and not just an area where extraction may have taken place to date, however the particular circumstances that applied at the time that the non-conforming use right was generated (1998) are relevant. Extractive Industries Local Law 2014 There are a small number of extractive industries in the Shire that operate under non-conforming use rights. Up until now these extractive industries have operated outside of any local government jurisdiction because they were not required to obtain planning approval due to this non-conforming use right. The Council established a framework through which a level of control could be administered through the Extractive Industries Local Law 2014. The intention of the Local Law is not to stop any extractive industries from operating, in fact the provisions of the Local Law make if difficult if not impossible to do so. The Local Law sets out that if an operator satisfactorily provides all the prescribed information with its licence application then it will be granted a licence. The Local Law provides that the manner in which these extractive industries operate is controlled through conditions of a license. The extractive industry license is primarily focussed upon ensuring that these extractive industries operate consistently with parameters placed on other operations (operating times, rehabilitation, and environmental management), address the impacts of the use and to enable the Shire to have legal capacity to enforce these controls. Part 3, sub-clause (5) of the Local Law determines that: “…the local government shall not refuse an application where—


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(a) the prescribed fee is paid; (b) the application contains the information and documentation required by clause 2.2; and (c ) the report required by clause 2.2(1)(d) demonstrates how the listed environmental considerations will be satisfactorily addressed.” Given the subsidiary nature of the Local Law it should also be noted that conditions imposed on a Local Law licence should be consistent with the extent of any non-conforming use right and not have the effect of a de-facto refusal of a proposal. State Planning Policy 6.1 – Leeuwin Naturaliste Ridge SPP6.1 sets out land use criteria and the designations of the land under this document are noted above. SPP6.1 also sets out landscape management criteria; however the SPP has only limited relevance given the exemption from the planning process afforded by non-conforming use rights. Local Planning Policy 3 – Extractive Industries Shire Policy LPP3 details the considerations that the Shire would apply to the assessment of a planning application for an extractive industry. These provisions provide guidance for the Local Law licence process, however are subject to the parameters of a particular non-conforming use right. Non-Conforming Use Rights Town Planning Scheme No. 11 (TPS11) was Gazetted in April 1985 which zoned the Site ‘Rural’. Clause 2.2 of TPS 11 provided the following: The following classes of development may be undertaken without the planning approval of the Council and are referred to as permitted development:

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

Interim Development Order No 12 (IDO12) (Gazettal date 4 August 1998) clause 4, removed the exemption at clause 2.2I of TPS11. Clause 5 of IDO12 provided the following in regard to existing uses: No provision in this Order shall prevent the continued use of any land or building for the purpose for which the land or building was being lawfully used at the time of the coming into operation of this Order or shall prevent that carrying out of any development for which immediately prior to the coming into operation of this Order, a permit or permits if any required under this or any other Act authorising the development to be carried out had been obtained and was current. The documented evidence shows that the Site was used for an ‘extractive industry’ prior to Gazettal of IDO12 in August 1998. The Site has also been used for the garaging of vehicles used in an earth moving and transport business which is not necessarily related to the extractive industry use. As a separate component, that use of land is considered to best fit the definition of a ‘transport depot’. In relation to the extractive industry use, the principle factors relevant at the time that IDO12 came into effect and the existence of non-conforming use rights are: • Portion of the Site was used legally as an extractive industry. • The use was progressive in nature. • The proposed extraction area is within the title that covers the area where the use was

established. • Limiting factors include the change in soil types towards the wet areas, the extent of available

resource, the 200 metre setback that applied from Caves Road and 30m setback from Burnside Road under TPS11.

Shire records continue to reference the operation over time indicating continuation of the use. It is a key point of contention, particularly for a number of submitters that the use had ceased at various periods in time. The following is relevant: • Extraction is evident in 1996 aerial imagery (see Attachment 3). • Internal correspondence identifies extractive industry being undertaken on the Site, culminating in

the commencement of compliance action in 2004.


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• A series of aerial photographs from 2001 through 2013 (see Attachment 4) shows continued use of the Site for extraction.

Further information has been sought from the applicant in relation to the period in time in which Lot 201 to 219 Burnside Road were marketed and sold, where the position of submitters is that the use had ceased. The applicant has provided tax invoices for the supply of sand and gravel from the Site from 2004 to 2015, including in February and August of 2009, 2009 being when adjoining rural residential Lots 212 to 219 were placed on the market. It is based on these factors that pursuant to clause 4.8 of LPS1, the extractive industry on the Site is considered to have a non-conforming use right. Due to the 200m Caves Road setback requirement that applied prior to 1998, the non-conforming use right is not considered to apply to that area and extraction has occurred within that area. Accordingly the Shire has issued a notice to the landowner to cease extraction and rehabilitate the area within 200m of Caves Road. In relation to the transport depot use, the principle factors relevant at the time that IDO12 came into effect and the existence of non-conforming use rights are historical and continued observation of the transport depot: • The transport depot (earthmoving business) is acknowledged in Shire records from 1994 as being

located on Lot 20 Burnside Road (on the opposite frontage of the entrance to the dwelling on Lot 9500) and also that ‘…the remainder of the trucking/earthmoving business is situated across the road with no intention that it be relocated…’

• Aerial imagery from 1996 shows the sheds and location of machinery in what is now Lot 9501. • The subdivision and rezoning report from April 1998 states that ‘The land is also currently used as

a base for a small earthmoving business operated by the landowner’s son. This consists of a repair workshop and truck and machinery storage.’

• Shire reporting to Council in April 2002 stated: ‘The subject site has been used for a grazing and transport business for many years. To staff’s knowledge the transport business has been in operation since the 1970’s’.

• Internal correspondence which details the compliance action previously commenced and abandoned in relation to the earthmoving business.

The transport depot use is not permitted in the Rural Residential zone (proposed Lot 9501) but is a discretionary use in the Priority Agriculture zone (proposed Lot 9001). Relevant to the determination of the non-conforming use rights is the action to create Lot 9001 and 9501 as separate entities. While not entirely determinative of an absence of a non-conforming use rights, the zoning and substantially progressed alienation of Lot 9501 from the balance of the land could be considered to diminish the argument of non-conforming use rights applying to that land for the purpose of an extractive industry. In particular, the land is by request able to be placed on a separate title to the area of proposed extraction. A further activity that has occurred on the Site has been the importation of material including building rubble, fill and various other items. This is not considered to fall within the scope of either the extractive industry or transport depot use classes and appears to have occurred on an occasional basis and ceased for periods of time. There is therefore, not considered to be a corresponding non-conforming use right for importation of materials to the Site, nor is it reasonably related to the extractive industry use. THE PROPOSAL Appended, as Attachment 5, are excerpts of the latest revision of the Proposal, specifically the Site Context Plan, and the Sand and Gravel Staging and Excavation Plan. The application also includes supporting documents such as Noise Impact Assessment, Dust Management Plan, Stormwater Management Plan and Rehabilitation Plan. Below is a summary of the operation: • The extraction is identified over a 12ha area of the Site, including 3ha of completed area to be

rehabilitated. Material is around 85% sand and 15% gravel with total volume ranging from 55,000m³ to 163,000m³ dependent on the quality of material found through the excavation process.


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• Extraction and rehabilitation is proposed in four stages with all excavation and rehabilitation completed by 2022, with the majority of the Site rehabilitated by 2018. Excavation is to be above the water table and stormwater detention and treatment methods are included.

• Screening of material using a mobile screening plant. • Extraction is by excavator and loader and includes screening of gravel material. Transport of

material is by way of one of two vehicles that both fall within the definition of ‘as of right’ vehicles (not subject to road classification restrictions), in a range of between 1 and 10 vehicles (2-20 vehicle movements) per day. Vehicles are proposed to access the Site from the current access at the Burnside Road deviation and north to Carters Road, from there predominantly east but also occasionally west to Bussell Highway.

• Proposed hours of operation are between 7am and 6pm weekdays and 7am to 1pm on Saturdays, and exclusive of school bus times.

• Stockpiles of materials and retained topsoil are at different locations within the excavation area. The material stockpiles are approximately 2-4 metres in height.

• Upon completion the topsoil will be replaced and seeding of paddock grasses will occur to support stock grazing.

Through the application process further information was provided by the proponent in response to the issues that were raised during the advertising of the application and subsequent assessment. CONSULTATION The proposal was advertised between 7 December 2015 and 22 January 2016. A total of 108 submissions were received, 36 of which were in support, 65 of objection and seven from government agencies and service providers providing advice and recommendations. Supporters of the proposal highlighted the need for a local source of sand and gravel to support the local building trade. They also cited concerns that an existing business could be ‘forced out’ by ‘new’ residents. The primary issues raised by those objecting to the proposal were: • Noise and dust impacts; • Visual amenity; • Environmental concerns including site contamination; • Concerns regarding truck movements and the capacity of the existing road network; and • Operating hours. A full schedule of submissions and responses to those submissions is included as Attachment 5. DISCUSSION A strong opinion is expressed in some of the submissions that the licence application should be refused. The Local Law does not create a head of power to stop existing ‘planning exempt’ extractive industries from operating and refusal of the licence application would not have this effect. The Local Law operates in a manner subsidiary to the non-conforming use rights under LPS1 and provides a means to apply conditions and regulate the nature of these planning exempt activities. This Local Law can only operate to the extent it is not inconsistent with LPS1 given the protection of non-conforming use rights under clause 4.8. The purpose of imposing conditions upon any licence is to address environmental impacts in a reasonable and appropriate manner. This position does in the first instance, turn on whether non-conforming use rights apply to the Site. The following options are therefore open to the Council: • Approve the Local Law licence subject to conditions. • Refuse the Local Law licence application, however due regard should be given the matters under

which a licence application can be refused. • Determine that non-conforming use rights do not exist, and therefore the Local Law licence is

irrelevant. It should be noted that there would be an inherent implication in this action that compliance under planning legislation to cease the use would follow. This action would need to be taken on the particular merits of the situation, rather than intent for the question of non-conforming use rights to be tested through review in another forum. It should be noted that that this position would not resolve a significant component of amenity impacts caused by the use of


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the outbuildings and their curtilage adjacent to Lot 212 Burnside Road, as the area is also used in association with the transport depot component of the use.

The issues raised in objection to the Proposal relate to amenity impacts as a result of noise, dust, traffic safety and visual impacts. These issues and the measures to mitigate impact are discussed in turn below. Noise and Traffic Movements The noise impact report advertised with the proposal predicted noise levels experienced at residences nearby to stages 2, 3 and 4 of the extraction would not comply with the noise regulations; however certain measures could be taken to bring the operation into compliance. Of further concern was an assessment by Shire staff that the submitted noise impact assessment did not address noise from the machinery shed/workshop including the maintenance and servicing of vehicles and equipment, truck movements within the site and entering and exiting the site off Burnside Road. The report also did not consider predicted noise levels at future adjacent subdivision and omitted a nearby residence from any noise modelling. The recommendations in the noise report, specifically noise attenuation methods, were not incorporated into the planning application. In response to Shire feedback an amended noise report was submitted in January 2016. The resubmitted noise report states that the operations could comply if specific noise attenuation methods (i.e. stockpiling adjacent to operations) were employed by the operator. Both the initial report and the January 2016 report were referred to Noise Regulations Officers at the Department of Environment Regulation (DER). The DER suggested that taking measurements of noise from the existing operations would be the most appropriate way to demonstrate compliance. The DER further questioned the calculations used in the submitted noise report, the incomplete list of plant assessed, the assumed noise levels of the plant that was included and the lack of consideration of truck movements entering and exiting the site. This feedback was forwarded to the acoustic consultant for a response. In June 2016 the acoustic consultant submitted an addendum to the January 2016 report which addresses the concerns raised by the Shire and the DER. Both agencies continue to have concerns over the accuracy of the submitted modelling and the actual noise profile of the site. Compliance with noise regulations is ultimately a matter for how the Proposal is undertaken. Notwithstanding the Shire and DER concerns, the Local Law requires only that the proponent address “noise, dust and vibration abatement measures”. It specifically notes that the Environmental Protection Act and subsidiary legislation continues to apply and that the proponent is bound by those requirements. In the case of the subject property, monitoring and enforcement of the Regulations is the responsibility of the Local Government. The Shire would have the statutory ability to monitor operations on the site and issue infringements if breaches occur. There are practical measures that can be incorporated into operations that can minimise impacts and assist in compliance with the relevant legislation (including restrictions on machinery operation, and bunding adjacent to screening). While the noise of vehicles on a public road is exempt from the noise regulations, it is also relevant that the access location, use of the outbuildings in proximity to adjacent rural residential land and movement of vehicles through the Site create amenity impacts for surrounding residents. In this respect the issue of the different activities and non-conforming use rights becomes relevant. This matter has been further discussed with the applicant who has agreed to: • Refrain from undertaking any maintenance of machinery within and adjacent to the outbuildings

on proposed Lot 9501. • Transition the storage of the vehicles used in association with the extractive industry from the

outbuildings in the south east and their immediate curtilage to an area adjacent to the dwelling on proposed Lot 9001 by the end of 2016. This can be ensured by condition of licence.

• Remove the outbuildings on proposed Lot 9501 during 2017. The ability to ensure the first two of these actions occurs is achievable through the local law licence process as: • While the machinery used for extraction and transport of material is used in conjunction with both

the extractive industry and transport depot uses, the substantial progress towards creation of Lots


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9001 and 9501 as separate parcels provides that the extractive industry non-conforming use right applying to proposed Lot 9501 could reasonably be considered to be diminished.

• Once the vehicles have been removed from proposed Lot 9501 the non-conforming use right for the transport depot business could also reasonably be considered to have ceased on this area of Lot 9500 (proposed Lot 9501) after a period of 6 months from the relocation of the vehicles. While there would be no corresponding trigger to remove the outbuildings, they would no longer be able to be used in relation with either the extractive industry or transport depot.

These actions are consistent with the principle that while non-conforming uses have protection under LPS1, changes in land use and circumstances see the use transition to a point where impacts become compatible with the intent of the underlying zoning and associated rules for land use. Truck access to the site for both the extractive industry and transport depot is currently via the partially completed Burnside Road deviation. Alternative access is possible via an existing crossover to Burnside Road which provides access to the dwelling on the Site. The location of that crossover is opposite Lot 20 Burnside Road which is also owned by the applicant. The applicant wishes to continue to utilise the current access point for the life of extraction due to the ability for vehicles to enter and exit the Site at grade and without stopping. Alternative access would require upgrades to the existing crossover and construction of a new access track. While it is open to the Council to seek to relocate this access, it is physically suitable for the purpose of access and compliant with applicable noise standards. Operating Hours The proponent proposes operating times of between 7am and 6pm Monday to Friday, and 7am to 1pm Saturdays. There have been a number of submissions objecting to these operating hours. In general these submissions seek operating times of between 7am and 5pm and from Monday to Friday only. It is generally accepted in planning decisions and noise legislation that Saturday is a typical working day and that noise should be more strictly regulated between the hours of 7pm to 7am. As a consequence, the operating times proposed have been found to be consistent with standard approaches, previous decisions, and Shire Policy LPP3 and are therefore acceptable subject to a condition which limits use to these times. Visual Amenity The advertised proposal showed extraction within 130m of Caves Road. Since that time, the Shire has issued a notice under section 214 of the Planning and Development Act to prevent any further extraction and require rehabilitation within 200m of Caves Road, as this area is outside of that which has previously been considered to have a ‘non-conforming use right’. The Shire further requested that extraction within this area be removed from the application which the proponent has done. As a consequence, landscaping initially proposed along Caves Road has also been withdrawn together with landscaping along the future extension of Burnside Road. The proponent notes that the staging of remaining extraction in proximity to Caves Road is such that extraction and rehabilitation will be completed over the next 2 years and therefore implementation of screen landscaping, even if planted immediately would not have grown to an effective height/width prior to the conclusion of operations in this area. Similarly, subdivision to create rural residential lots south of Burnside Road is unlikely to occur in the short term (2016/17) making screening unnecessary from this vantage point given the 2018 rehabilitation timeframe for that area. The staging and timing of rehabilitation can be ensured by condition. Site Contamination The Site has previously been subject to unresolved compliance action regarding the dumping of material. Further investigation was undertaken and the DER investigated the Site as a potential contaminated site under the provisions of the Contaminated Sites Act. On 4 May, the DER advised of the conclusion of their investigation that: “inert construction waste and used tyres are present in some areas of the site. However, the materials present do not indicate that contamination is present that could pose risk to human health, the environment or any environmental value”.


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The DER’s decision was not to classify the site as contaminated. Separation distances There are a number of dwellings within 500m of extraction areas, however no dwellings are located within 300m of the identified footprint of areas of extraction (see Attachment 4). One means of addressing land use conflict between extractive industry and more sensitive land use is physical separation. The Environmental Protection Authority (EPA) Guidance Statement 3 – Separation Distances between Industrial and Sensitive Land Uses and Shire policy LPP3 – Extractive Industries, set minimum separation distances and matters to be considered in addressing the impacts of activities. Appendix 1 of the EPA Guidance Statement 3 (GS3) lists the type of industry, potential impacts and recommended buffer. The primary impacts identified in GS3 for sand and lime extraction are noise and dust. A generic buffer distance of between 300m and 500m is set out in GS3. It is stated in the EPA Guidance Note 3 that: “…this Guidance Statement is intended to provide advice on generic separation distances between specific industry and sensitive land uses to avoid or minimise the potential for land use conflict. The distances outlined in Appendix 1 are not intended to be absolute separation distances, rather they are a default distance for the purposes of: • identifying the need for specific separation distance or buffer definition studies; and • providing general guidance on separation distances in the absence of site specific technical

studies.” As recommended by the guidance statement, technical studies have been undertaken and these are detailed in this report. These reports identify that subject to certain measures the area of extraction is sufficiently separated from dwellings to provide an acceptable level of mitigation. While there are clearly effects received at nearby dwellings, those effects are within the range of what is likely to comply with acceptable standards. This observation is however, not the case for the operations within the storage area and shed as discussed above. Dust Dust management is raised as an issue in a number of submissions. The submitted dust management measures will be ensured by condition and are considered an appropriate response. While a condition will generally capture the need to restrict dust from leaving the Site, the specific measures in the Dust Management Plan include: • Utilising a water cart to wet trafficable areas and stockpiles when conditions require. • Minimising the height of material stockpiles. • Requiring progressive rehabilitation. Environmental Management The main environmental issues associated with the Proposal relate to potential impacts on groundwater and surface water, and protection of flora and fauna values. In relation to potential groundwater issues an assessment of groundwater levels was undertaken utilising broad level desktop analysis and reference to two existing soaks on the Site. This information was reviewed by the Department of Water (DoW) who advised that while subject to limitation, DoW was satisfied that extraction can occur with due diligence being exercised to retain acceptable separation from groundwater. DoW suggested a number of conditions of operation in this regard. With respect to surface water issues the Proposal, and specifically the Stormwater Management Plan, have also been subject to assessment by the DoW. The Proposal includes setbacks to watercourses, rehabilitation of an existing soak and stormwater management by way of detention. These measures have also been found an acceptable response to Site conditions. With regard to flora and fauna values, the Proposal has been subject to review by the DpaW and has also set out a number of measures to minimise impact. With the addition of conditions as recommended by DpaW and the methods the minimise impact demonstrated in the Proposal, the


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Licence can ensure appropriate environmental management outcomes in the context of the non-conforming use right. These measures include: • Protection of all remnant vegetation. • Exclusion areas around isolated paddock trees in areas of excavation. • Demarcation of exclusion areas around buffers to creeklines and the wet areas on the Site. Rehabilitation The Rehabilitation Plan sets out progressive rehabilitation to be undertaken corresponding to the stages of excavation shown on Attachment 4. This rehabilitation would see all excavation cease and rehabilitation implemented in all southern areas of proposed Lot 9001 by 2018. The intention is to rehabilitate the area using on material from the Site to a condition suitable for agriculture. Shire Liability Several submissions raised the issue of there being a potential liability to the Shire in granting approval to a local law licence application, referencing a clause in the Local Law requiring the holder of a licence to indemnify the Shire. The Local Law does not require the Shire to insure, indemnify or co-sign any insurance policy. The Local law requires that the applicant indemnifies the Shire and takes out an insurance policy to that effect. Clause 6.1 of the Local Law (or any insurance policy taken out in accordance with clause 6.1) is not considered to impact on the Shire’s liability in relation to any extractive industry. Liability relates to legal responsibility, whereas indemnification relates to protection from legal responsibility (ie by insurance). Having insurance (or a requirement for such in a local law) does therefore not equal liability. The Shire’s liability in relation to the extractive industry approved under the local law will be no different to its liability for the approval of extractive industry (or any other development) under the planning scheme. If any particular party carries out extractive industry activities without public liability insurance they will be in breach of the local law. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing Growth Sustainably Community Outcome 3.1: Clearly defined areas for growth and renewal Strategic Response: Implement service level strategy/plan: Provide planning services FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Environmental impacts can be mitigated by conditions reflecting the advice received by relevant government departments. Social It is considered that through the imposition of conditions of a Local Law licence a better outcome can be achieved for surrounding residents. Economic Basic raw materials are of high importance in the context of built development and are a contributing factor the growth and economic development of the locality. The supply of materials is an essential component for economic activity in the locality. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council:


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1. Issues a Licence, under the Shire of Augusta Margaret River Extractive Industries Local Law 2014, to M Gray - Margaret River Earth Cartage, for an extractive industry at Lot 9500 Burnside Road, Burnside, subject to the following conditions.

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

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

Plans and Specifications

P1 being the Sand and Gravel Staging and Excavation Plan received at the Shire on 9 June 2016, and associated specifications contained in the report titled Application for Extractive Industry Licence received on 9 June 2016, except as may be modified by the following conditions.

b. This licence is valid for until 2022 and implementation shall be in accordance with the staging

and rehabilitation requirements detailed in Plan P1, to the satisfaction of the Shire.

c. No maintenance of machinery or activities in relation to extractive industry is to be undertaken in the outbuildings adjacent to Lots 212 and 214 Burnside Road.

d. Prior to the end of the 2016 calendar year all machinery associated with the extractive

industry, with the exception of the mobile screening plant, shall be relocated from the outbuildings adjacent to Lots 212 and 214 Burnside Road to an area adjacent to the existing dwelling on Lot 9500 Burnside Road.

e. No excavation shall take place within 30 metres of Burnside Road, 200 metres from the Caves Road alignment in place at August 1998, or 20 metres from any other property boundary.

f. The proponent shall pay a Rehabilitation Bond, within 90 days from the date of this licence, to be held against satisfactory completion of rehabilitation works required as a condition(s) of this licence. The rehabilitation bond will be based on the final exposed footprint at any stage of the extraction.

g. The extractive industry is permitted to operate from 7:00am to 6:00pm Monday to Friday and Saturdays from 7:00am to 1:00pm. The extractive industry shall not operate on Sundays or public holidays.

h. Heavy vehicles shall suitably avoid school bus times on the immdiate road network (Burnside

and Carters Roads) to the Shire's satisfaction.

i. The excavation shall not intercept the water table. Excavation works are to cease immediately

in the event the water table is encountered/exposed. The Shire shall be advised within 24 hours that the water table has been encountered and restorative action shall be taken within a timeframe agreed with the Shire.

j. Dewatering of the extraction area is not permitted without further approval.

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


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l. No extraction activities should occur within 10 metres of any native tree crown drip zones along the boundaires of and within the proposed extraction are and within 20 metres of the watercourse or wet areas.

m. A temporary demarcation barrier shall be established between any areas of excavation and

20 metres form any adjacent watercourse to protection these areas from accidential damage to the Shire's satisfaction.

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

o. Blasting activities are not permitted.

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

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

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

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

s. Noise management measures outlined in the associated Noise Managament Plan shall be

implemented to the Shire's satisfaction. t. As a noise control measure the applicant shall install broadband reversing alarms on all

mobile plant (including transport vehicles) instead of ‘tonal’ alarms in a manner compliant with all relevant health and saftey requirements.

u. No depositing of material on the Site is permitted unless subject to authorisation from the

Shire for the purpose of rehabilitation.

ADVICE NOTES

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

(i) Environmental Protection (Noise) Regulations; (ii) Mines Safety and Inspection Act; and (iii) The Aboriginal Heritage Act 1972.

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

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

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

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


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d. The DoW has advised that taking or diversion of surface water is not subject to DoW licencing. Any groundwater abstraction is subject to licencing, except if the abstraction is for domestic or non-commercial use.

e. Licensing or registration requirements under the protection of the Environmental Protection Act may apply depending on the annual level of screening of material undertaken. The proponent is advised to ensure that appropriate authority is obtained in this regard.

ATTACHMENTS 1. Plan of Subdivision – WAPC:142748 2. Excerpt from Deposited Plan 401475 3. 1996 Aerial photograph 4. Aerial Imagery 2001 – 2013 5. Site Context Plan and Gravel and Sand Extraction Plan 6. Schedule of submissions RECOMMENDATION CR, CR That Council:

1. Issues a Licence, under the Shire of Augusta Margaret River Extractive Industries Local Law 2014, to M Gray - Margaret River Earth Cartage, for an extractive industry at Lot 9500 Burnside Road, Burnside, subject to the following conditions.

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

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

Plans and Specifications

P1 being the Sand and Gravel Staging and Excavation Plan received at the Shire on 9 June 2016, and associated specifications contained in the report titled Application for Extractive Industry Licence received on 9 June 2016, except as may be modified by the following conditions.

b. This licence is valid for until 2022 and implementation shall be in accordance with the

staging and rehabilitation requirements detailed in Plan P1, to the satisfaction of the Shire.

c. No maintenance of machinery or activities in relation to extractive industry is to be undertaken in the outbuildings adjacent to Lots 212 and 214 Burnside Road.

d. Prior to the end of the 2016 calendar year all machinery associated with the extractive

industry, with the exception of the mobile screening plant, shall be relocated from the outbuildings adjacent to Lots 212 and 214 Burnside Road to an area adjacent to the existing dwelling on Lot 9500 Burnside Road.

e. No excavation shall take place within 30 metres of Burnside Road, 200 metres from the Caves Road alignment in place at August 1998, or 20 metres from any other property boundary.

f. The proponent shall pay a Rehabilitation Bond, within 90 days from the date of this licence, to be held against satisfactory completion of rehabilitation works required as a condition(s) of this licence. The rehabilitation bond will be based on the final exposed footprint at any stage of the extraction.


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g. The extractive industry is permitted to operate from 7:00am to 6:00pm Monday to Friday and Saturdays from 7:00am to 1:00pm. The extractive industry shall not operate on Sundays or public holidays.

h. Heavy vehicles shall suitably avoid school bus times on the immdiate road network

(Burnside and Carters Roads) to the Shire's satisfaction.

i. The excavation shall not intercept the water table. Excavation works are to cease

immediately in the event the water table is encountered/exposed. The Shire shall be advised within 24 hours that the water table has been encountered and restorative action shall be taken within a timeframe agreed with the Shire.

j. Dewatering of the extraction area is not permitted without further approval.

k. No standing water shall occur at the end of extraction/post rehabilitation. l. No extraction activities should occur within 10 metres of any native tree crown drip

zones along the boundaires of and within the proposed extraction are and within 20 metres of the watercourse or wet areas.

m. A temporary demarcation barrier shall be established between any areas of excavation

and 20 metres form any adjacent watercourse to protection these areas from accidential damage to the Shire's satisfaction.

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

o. Blasting activities are not permitted.

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

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

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

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

s. Noise management measures outlined in the associated Noise Managament Plan shall

be implemented to the Shire's satisfaction. t. As a noise control measure the applicant shall install broadband reversing alarms on

all mobile plant (including transport vehicles) instead of ‘tonal’ alarms in a manner compliant with all relevant health and saftey requirements.


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u. No depositing of material on the Site is permitted unless subject to authorisation from the Shire for the purpose of rehabilitation.

ADVICE NOTES

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

(i) Environmental Protection (Noise) Regulations; (ii) Mines Safety and Inspection Act; and (iii) The Aboriginal Heritage Act 1972.

b. The proponent is required to ensure that ongoing operational activities associated

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

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

1997. These regulations require noise emissions from the premises to comply with the assigned noise levels set pout in the Regulations.

d. The DoW has advised that taking or diversion of surface water is not subject to DoW licencing. Any groundwater abstraction is subject to licencing, except if the abstraction is for domestic or non-commercial use.

e. Licensing or registration requirements under the protection of the Environmental Protection Act may apply depending on the annual level of screening of material undertaken. The proponent is advised to ensure that appropriate authority is obtained in this regard.

0/0

Cr Townshend moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DCEISION CR TOWNSHEND, CR LANE OM2016/137 That the item be deferred to the 27 July Ordinary Council Meeting

CARRIED 7/0 Reason for deferral: To enable Councillors the opportunity to further examine all materials and information in relation to this application. Members of the public gallery, with the exception of 2, left Chambers at 6.39pm. Coordinator Legal Services, Mr Ian McLeod, left Chambers at 6.39pm.


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11.3. Infrastructure Services


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11.3.1 ADOPTION OF INTERNATIONAL CHARTER FOR WALKING LOCATION/ADDRESS Shire wide APPLICANT/LANDOWNER Transition Margaret River FILE REFERENCE ENG/86 REPORT AUTHOR David Nicholson, Manager Asset Services AUTHORISING OFFICER Johan Louw, Director Infrastructure Services IN BRIEF • A seminar/workshop on walkability was held in Margaret River on 24 March 2016. • A recommendation of the workshop was that the Shire adopts the International Charter for

Walking. • The Charter includes strategies and actions to support the creation of healthy, efficient and

sustainable communities where people chose to walk. • Council adoption of the Charter is recommended. RECOMMENDATION That Council adopts the International Charter for Walking. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND On 24 March 2016 the Shire, together with Transition Margaret River and Curtin University Sustainability Policy (CUSP) Institute, hosted a seminar/workshop at the Margaret Education Campus on “Walkability in the Margaret River Township” that was attended by approximately 40 people. At the seminar, presentations on walking and related issues were made by David Nicholson (Shire of Augusta Margaret River), Professor Carey Curtis (Curtin University) and Dr Rodney Tolley (Walk21) who is an international expert on walking. Following the presentations, a workshop was conducted where participants formed groups to discuss initiatives that could be undertaken to improve walkability in Margaret River and to encourage more walking. One of the outcomes of the workshop was a recommendation that the Shire adopt the International Charter for Walking. CONSULTATION AND ADVICE External Consultation Council adoption of the Charter was one of several recommendations made at a community seminar/workshop on walking. Further community consultation is not considered necessary. Internal Consultation Infrastructure Services DISCUSSION / OFFICER COMMENTS There is no specific data on either the amount of walking undertaken or the quality of walking infrastructure within the Shire of Augusta Margaret River. However, it would be reasonable to assume that travel behaviour is similar to other Australian cities and towns where walking has been declining as a mode of transport and the car is used for the majority for short trips, even where walking is a feasible option. Many of the older streets within the Shire were constructed at a time when the only consideration was to provide for the efficient movement of cars. Such streets do not provide for safe pedestrian movement and can discourage walking. Observations indicate that congestion and conflicts occur on a daily basis around schools within the Shire, where the majority of children arrive


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by motorised transport. At the same time, obesity and mental health are increasing public health issues that can be addressed, in part, by regular exercise such as walking. Walk 21 is an international organisation supporting and promoting walking. Through their Global Network they help make walking an enjoyable part of daily transport, recreation and health through effective policies, programmes and planning all over the world. Walk 21’s objectives are to:

• Disseminate high quality knowledge and emerging new initiatives about walking policy, planning and projects at the international level;

• Showcase cities with good walking policies and the benefits this delivers to their citizens, businesses and ongoing sustainability both social, economic and environmental;

• Encourage the recognition and promotion of walking as an efficient, healthy, environmentally friendly mode of transport;

• Integrate walking into transport, land-use planning, health and other relevant policy sectors where walking can play an important role;

• Involve all relevant stakeholders from political, professional and public arenas; and • Celebrate and showcase the achievements of people all over the world working to make it

easier, safer and more comfortable to walk.

Throughout the world people are becoming less healthy, have inefficient transport systems and their environments are under increasing pressure to accommodate their present lifestyles. The quality and amount of walking as an everyday activity, in any given area, is an established and unique primary indicator of the quality of life. Built on extensive discussions with experts throughout the world, the International Charter for Walking has been established by Walk21 to show how to create a culture where people choose to walk. The Charter identifies the needs of people on foot and provides a common framework to help authorities refocus their existing policies, activities and relationships to create a culture where people choose to walk.

Everyone has a role to play in developing the actions in the Charter. The first step is for an organisation or community group to sign the Charter and work with other stakeholders to help create healthy, efficient and sustainable walking communities throughout the world.

The charter is based on eight strategic principles:

• Increased inclusive mobility; • Well designed and managed spaces and places for people; • Improved integration of networks; • Supportive land use and spatial planning; • Reduced road danger; • Less crime and fear of crime; • More supportive authorities; and • A culture of walking.

The Charter contains a number of recommended actions for each of these principles. A copy of the Charter is attached. Many of the actions recommended in the Charter are already being undertaken by the Shire, without being explicitly acknowledged as actions in support of walking:

• Designing streets for people and not only for cars; • Provision of seating along paths and trails; • Adoption and progressive implementation of a Townsite Pathways Plan for retrofitting new

pathways in existing areas; • Planning, developing and maintaining long distance trails such as the Wadandi Track,

Flinders Bay to Cape Leeuwin path, Augusta Busselton Heritage Trail and Cape to Cape Track Winter Diversion;

• Planning strategies that encourage urban consolidation; and • Ensuring pathway networks are provided in new subdivisions; • Funding retrofitting of street lighting in townsites.


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So why bother adopting the Charter? The Charter provides a common framework to help authorities (such as local governments) to refocus their existing policies, activities and relationships to create a culture where people choose to walk. As stated above, adoption of the Charter is the first set towards an ongoing journey of supporting and encouraging walking. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing growth sustainably Community Outcome 4: Connected and safe transport network Strategic Response 4.2: Provide a network of connected cycleways and pedestrian pathways Service level strategy/plan 3.4.2.8: Review Path Plan 2004 in line with Townsite Strategy and Transport Strategy 2012. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS There are no direct financial implications of adoption of the International Charter for Walking. Any future projects that might arise from pursuing the principles and action of the Charter will be funded through existing budget allocations or referred to the budget process for consideration. SUSTAINABILITY IMPLICATIONS Environmental Walking is an environmentally friendly mode of transport. Encouraging residents to walk rather than drive for short trips would reduce greenhouse gas emissions. Social Walking facilitates social interaction, improves fitness, health and well-being. Economic Walking is a low cost means of personal transport. Regular walking can reduce the likelihood of a number of diseases (including obesity, diabetes and heart disease) therefore reducing the costs associated with treatment of these conditions. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council adopts the International Charter for Walking. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. International Charter for Walking RECOMMENDATION / COUNCIL DECISION CR TOWNSHEND, CR HAYNES OM2016/138 That Council adopts the International Charter for Walking.

CARRIED 7/0


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11.4. Corporate And Community

Services


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11.4.1 LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING REPORT - 10 MAY 2016 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE EMS/3 REPORT AUTHOR Nathan Hall, Community Emergency Services Manager AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF On 10 May 2016 the Local Emergency Management Committee (LEMC) held its quarterly meeting. Key items discussed at the meeting included: • All Hazards Evacuation Guide to be considered by Council and approval sought to seek

community feedback in regards to the suitability of the Guidelines. • In October 2016 the Shire’s Emergency Risk Register and Emergency Management

Arrangements are due to be reviewed. To assist with the process, the Community Emergency Services Manager hopes to hold an information session with Committee members on the 9 August prior to the next LEMC meeting.

• A LEMC exercise is proposed to be conducted on the 8 November 2016 prior to the LEMC meeting with the exercise similar to what was conducted last year. The exercise this year will focus on a bio security threat to the Shire.

• SEMC Annual Report and Capability Questions. RECOMMENDATION That Council: 1. Receives the minutes of the Local Emergency Management Committee held 10 May 2016. 2. Notes the All Hazards Evacuation Guide for the local community with the Community Emergency

Services Manager to seek community feedback in regards to the suitability of the Guidelines. 3. Notes that the Community Emergency Services Manager has started planning for the review of

the Shire’s Emergency Risk Register and Emergency Management Arrangements. 4. Notes that a LEMC exercise is proposed to be conducted on the 8 November 2016 prior to the

LEMC meeting. The exercise this year will focus on a bio security threat to the Shire. 5. Notes that the SEMC Annual Report and Capability Questionnaire has been completed and

submitted by the Community Emergency Services Manager. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Local Emergency Management Committee meetings are held quarterly on the second Tuesday of the month. CONSULTATION AND ADVICE External Consultation • Local Emergency Management Committee delegates • Augusta & Margaret River Chambers of Commerce and Industry • Margaret River Busselton Tourism Association


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Internal Consultation • Manager Human and Community Services (Shire Recovery Coordinator) • Shire of Augusta Margaret River Community Emergency Services Manager DISCUSSION / OFFICER COMMENTS Delegates were given the opportunity to speak on and to answer any questions regarding their respective reports. From these reports it was noted the good work that has been undertaken to complete hazard reduction burning around the Shire. Officer Reports All Hazards Evacuation Flagging (Green means I’ve Gone) In July 2015 the State Emergency Management Committee (SEMC) made a decision to endorse the All Hazards Evacuation Guide that outlines best practice for the voluntary implementation of the All Hazards Evacuation Flagging process, using green reusable shopping bags to identify properties that have been evacuated by residents, in a community where evacuation has either been recommended or has been directed by the Controlling Agency during an emergency. The intention is to provide guidance for consistent application of evacuation flagging across Western Australia and to provide procedural guidance to local governments that intend to identify their local community as participants of the All Hazards Evacuation Flagging process. The Committee reviewed the Guidelines and formed an opinion, which was supported by the SEMC Secretariat representative Vik Cheema, that the Guidelines need to be supported by the local community to be effective and that the Council should seek comparative feedback as to the suitability of the All Hazards Evacuation Guide. As a result the following motion was raised by the Committee:

That the Community Emergency Services Manager, Nathan Hall submits the All Hazards Evacuation Guide to Council for consideration and approval to seek community feedback in regards to the suitability of the Guidelines. Review of the Shire’s Emergency Risk Register and Local Emergency Management Arrangements In October 2016 the Shire’s Emergency Risk Register and Emergency Management Arrangements are due to be reviewed. To assist with the process the CESM hopes to hold a brainstorming exercise with Committee members on the 9 August prior to the next LEMC meeting. The review of the Register and Arrangements will require a considerable amount of time to effectively complete that will be undertaken by the Community Emergency Services Manager over the next 6 to 12 months. LEMC exercise A LEMC exercise is proposed to be conducted on the 8 November 2016 prior to the LEMC meeting with the exercise similar to what was conducted last year. The exercise this year will focus on a bio security threat to the Shire and support has already been offered by the Department of Food and Agriculture. SEMC Annual Report and Capability Questions The Shire’s Community Emergency Services Manager has now completed the SEMC Annual Report and Capability Questionnaire. The report is now online in the form of a survey which has reduced the amount of time to complete the report and removed similar questions that occurred in previous reports. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 36(a) Emergency Management Act 2005 Section 38(1) Emergency Management Act 2005


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STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 2: Welcoming and inclusive communities Community Outcome 3: Strong community groups and networks Strategic Response: Support and value community organisations and volunteers across the region. Community Outcome 6: Safer Communities Strategic Response: Support community celebrations, events and local festivals. Strategic Response: Enhance the Shire’s emergency and disaster management capabilities. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS There are no known significant financial implications from this report on Council’s existing or future budgets. SUSTAINABILITY IMPLICATIONS Environmental Preparedness, timing, response and support to local emergencies will reduce any impact on the environment from an emergency situation. Social An effective LEMC will assist the community in the response and recovery phases of an emergency. Economic An effective LEMC has the potential to reduce the likelihood and consequence of an emergency impacting on economic wellbeing of the local community. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Receives the minutes of the Local Emergency Management Committee held 10 May 2016. 2. Notes the All Hazards Evacuation Guide for the local community with the Community Emergency

Services Manager to seek community feedback in regards to the suitability of the Guidelines. 3. Notes that the Community Emergency Services Manager has started planning for the review of

the Shire’s Emergency Risk Register and Emergency Management Arrangements. 4. Notes that a LEMC exercise is proposed to be conducted on the 8 November 2016 prior to the

LEMC meeting. The exercise this year will focus on a bio security threat to the Shire. 5. Notes that the SEMC Annual Report and Capability Questionnaire has been completed and

submitted by the Community Emergency Services Manager. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Draft Local Emergency Management Committee meeting minutes – 10 May 2016 2. Copy of the All Hazards Evacuation Guide. RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR HAYNES OM2016/139 That Council: 1. Receives the minutes of the Local Emergency Management Committee held 10 May 2016. 2. Notes the All Hazards Evacuation Guide for the local community with the Community

Emergency Services Manager to seek community feedback in regards to the suitability of the Guidelines.


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3. Notes that the Community Emergency Services Manager has started planning for the review of the Shire’s Emergency Risk Register and Emergency Management Arrangements.

4. Notes that a LEMC exercise is proposed to be conducted on the 8 November 2016 prior to the LEMC meeting. The exercise this year will focus on a bio security threat to the Shire.

5. Notes that the SEMC Annual Report and Capability Questionnaire has been completed and submitted by the Community Emergency Services Manager.

CARRIED 7/0


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11.4.2 BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 18 MAY 2016 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE EMS/4 REPORT AUTHOR Nathan Hall, Community Emergency Services Manager AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF • On 18 May 2016 the Bush Fire Advisory Committee (BFAC) held its quarterly meeting. • Recommendations and motions were passed proposing that:

o Larry Brennen was nominated as the Fire Control Officer for the sub region of Forrest Grove;

o Representatives including the Chairperson and Deputy Chairperson were confirmed for the Steering Committee for the Future Management of the Volunteer Bushfire Brigades; and

o Representatives were confirmed for a sub-committee to consider the Firebreak and Fuel Hazard Reduction Notice for 2016-17.

• A presentation was provided to the Committee from DFES District Officer Danny Mosconi on the identified recommendations from the combined Lower South West Region Post Incident Analysis of the January 2016 Waroona Fires.

RECOMMENDATION That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory Committee

held on 18 May 2016; 2. Appoints Larry Brennen as the Fire Control Officer for the sub region of Forrest Grove; 3. Notes the representatives of the Steering Committee for the Future Management of the Volunteer

Bushfire Brigades; 4. Notes the representatives for the sub-committee that will consider the Firebreak and Fuel Hazard

Reduction Notice for 2016-17; and 5. Notes the recommendations from the combined Lower South West Region Post Incident Analysis

of the January 2016 Waroona Fires. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Bush Fire Advisory Committee meetings are held quarterly on the third Wednesday of the month. CONSULTATION AND ADVICE External Consultation • BFAC delegates • BFAC observers including the Department of Fire and Emergency Services (DFES) and the

Department of Parks and Wildlife (P&W) Internal Consultation • Director Corporate and Community Services


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• Shire of Augusta Margaret River Community Emergency Services Manager DISCUSSION / OFFICER COMMENTS Fire Control Officer Nomination Larry Brennen was nominated as the Fire Control Officer for the sub region of Forrest Grove at the Witchcliffe Volunteer Bush Fire Brigade’s annual general meeting following the retirement of Nick Dornan. This nomination was supported by the Committee, which now seeks Council’s approval to appoint Larry Brennen as the Fire Control Officer for the sub region of Forrest Grove. Formation of a steering committee to discuss the transition of Volunteer Bush Fire Brigades from local government management to DFES management At the Ordinary Meeting of Council held 23 March 2016 Council supported the recommendation made by BFAC for the CEO to correspond with DFES, seeking support to establish a steering committee to consider preferred options should the local government (LG) and its Bush Fire Brigade volunteers consider transitioning from LG management to DFES management. In line with the recommendation the committee will consist of representatives from the Shire of Augusta Margaret River Bush Fire Brigades, Shire staff and DFES.

As discussed at the BFAC meeting held 17 February 2016 each brigade was to nominate a representative for the committee to represent the brigade’s interests in addition to providing feedback and outcomes from the committee meetings to their brigade.

BFAC confirmed the representatives, Chairman and Deputy Chairman of the steering committee at the meeting held 18 May 2016. It is anticipated that the initial meeting will be held on 1 June 2016.

Nomination of a sub-committee to consider the Firebreak and Fuel Hazard Reduction Notice for 2016-17 The annual Firebreak and Fuel Hazard Reduction Notice 2016-17 was reviewed internally by Shire staff and the BFAC was invited to review the notice and provide comments/feedback. BFAC confirmed members of a sub-committee to conduct the review and provide feedback to the Coordinator Ranger Services as requested. Waroona Debrief Action Items Danny Mosconi from DFES presented the findings from the Regional Operational Advisory Committee’s post incident report following the Waroona fire incident. The report was collated from information provided by six local governments from across the Lower South West and presented as a consolidated document which contained eighteen recommendations for implementation. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 38(1) Bush Fire Act 1954 Local Government Act 1995 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 2: Welcoming and inclusive communities Community Outcome 3: Strong community groups and networks Strategic Response: Support and value community organisations and volunteers across the region. Community Outcome 6: Safer communities Strategic Response: Support community celebrations, events and local festivals. Strategic Response: Enhance the Shire’s emergency and disaster management capabilities PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil


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SUSTAINABILITY IMPLICATIONS Environmental An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on the environment. Social An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on community wellbeing. Economic An effective BFAC and well trained brigade members will reduce the likelihood and consequence of a bushfire impacting on the economic wellbeing of the local community. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory Committee

held on 18 May 2016; 2. Appoints Larry Brennen as the Fire Control Officer for the sub region of Forrest Grove; 3. Notes the representatives of the Steering Committee for the Future Management of the Volunteer

Bushfire Brigades; 4. Notes the representatives for the sub-committee that will consider the Firebreak and Fuel Hazard

Reduction Notice for 2016-17; and 5. Notes the recommendations from the combined Lower South West Region Post Incident Analysis

of the January 2016 Waroona Fires. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Unconfirmed Bush Fire Advisory Committee meeting minutes and attachments – 18 May 2016.

RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR KENNAUGH OM2016/140 That Council: 1. Receives the unconfirmed minutes of the Augusta Margaret River Bush Fire Advisory

Committee held on 18 May 2016; 2. Appoints Larry Brennen as the Fire Control Officer for the sub region of Forrest Grove; 3. Notes the representatives of the Steering Committee for the Future Management of the

Volunteer Bushfire Brigades; 4. Notes the representatives for the sub-committee that will consider the Firebreak and Fuel

Hazard Reduction Notice for 2016-17; and 5. Notes the recommendations from the combined Lower South West Region Post Incident

Analysis of the January 2016 Waroona Fires. CARRIED 7/0


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11.4.3 SPORTS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES - 1 JUNE 2016

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE REC/36 REPORT AUTHOR Hannah Waters, Executive Assistant Corporate and Community

Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF • On the 1 June 2016 the Sports and Recreation Advisory Committee (SRAC) held its bi-monthly

meeting. • The clubs were advised that a Sporting Ground User Guide has been created to ensure that the

clubs and the Shire can work together to operate efficient, well-organised sporting facilities. • Clubs were reminded of the annual requirement to apply for a Food Business Registration

through the Shire. • Delegates provided updates on their clubs. RECOMMENDATION That Council receives the unconfirmed minutes of the Sport and Recreation Advisory Committee meeting held 1 June 2016. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Sports and Recreation Advisory Committee meetings are held bi-monthly on the first Wednesday of the month. CONSULTATION AND ADVICE External Consultation • SRAC delegates • CCS Strategic Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Sporting Handbook The Recreation Operations Manager has compiled a Sporting Ground User Guide to ensure that clubs and the Shire can work together to operate efficient, well-organised sporting facilities. The guide encompasses all facilities within the Gloucester Park Precinct and details the requirements for bookings, conditions of use, infrastructure, maintenance, the responsibilities of all parties and contact details. The Sporting Ground User Guide has been made available on the Shire’s website. Food Business Registration Delegates were reminded that community and sporting groups are required to complete the Shire’s Food Business Registration form. Once complete they are valid until the turnover of committee


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following a group’s Annual General Meeting. Registration is free of charge and the Environmental Health Team are happy to work with groups to answer any queries and move towards compliance for their events. Updates from the Clubs The delegates provided updates on their clubs/associations. Draft options for the redevelopment of the Lower Western Oval provided by CCS Strategic were also briefly discussed. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome: Effective governance and corporate leadership Strategic Response 1.5: Develop effective partnerships and strategic alliances to maximise community benefits Service level strategy/plan 1.5.1: Hold regular meetings with the Sports and Recreation Advisory Committee PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Sporting groups provide members of the community the opportunity for physical fitness and socialisation. Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the unconfirmed minutes of the Sport and Recreation Advisory Committee meeting held 1 June 2016. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Unconfirmed Sports and Recreation Advisory Committee meeting minutes and attachments – 6

April 2016 RECOMMENDATION / COUNCIL DECISION CR HAYNES, CR KENNAUGH OM2016/141 That Council receives the unconfirmed minutes of the Sport and Recreation Advisory Committee meeting held 1 June 2016.

CARRIED 7/0


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11.4.4 MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING HELD ON 22 JUNE 2016

LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/7 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF • On 22 June 2016 the Audit and Risk Management Committee held its last meeting for 2015-16. • The meeting considered an update on audit matters including the results of the interim audit for

2015-16 and an updated Risk Dashboard report. RECOMMENDATION That Council receives the minutes of the Audit and Risk Management Committee meeting held on 22 June 2016. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Audit and Risk Management Committee (ARMC) comprises all members of Council and operates in accordance with the Augusta Margaret River Audit and Risk Management Committee Instrument of Appointment and Delegation. The Committee is required to discharge the legislative obligations outlined in the Local Government Act 1995 and the Local Government (Audit) Regulations 1996. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The meeting minutes are self-explanatory and there were no items raised during the meeting that required follow-up by Council. In brief the Committee: • Noted the comments relating to the interim audit visit conducted on 21 to 23 March 2016; • Noted the end of financial year audit for 30 June 2016 will be conducted on 10 to 12 August 2016;

and • Noted the Risk Dashboard Report at March 2016. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Regulation 16 of the Local Government (Audit) Regulations 1996 states that “An audit committee — (a) is to provide guidance and assistance to the local government —

(i) as to the carrying out of its functions in relation to audits carried out under Part 7 of the Act; and


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(ii) as to the development of a process to be used to select and appoint a person to be an auditor; and (b) may provide guidance and assistance to the local government as to —

(i) matters to be audited; and (ii) the scope of audits; and (iii) its functions under Part 6 of the Act; and (iv) the carrying out of its functions relating to other audits and other matters related to

financial management; and (c) is to review a report given to it by the CEO under regulation 17(3) (the CEO’s report) and is to —

(i) report to the council the results of that review; and (ii) give a copy of the CEO’s report to the council.”

STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Preparation of financial reports PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS There are no financial implications associated with the adoption of the Committee minutes. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS SIMPLE MAJORITY RECOMMENDATION That Council receives the minutes of the Audit and Risk Management Committee meeting held on 22 June 2016. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Minutes of the Audit and Risk Management Committee meeting of 22 June 2016. RECOMMENDATION / COUNCIL DECISION CR TOWNSHEND, CR HASTIE OM2016/142 That Council receives the minutes of the Audit and Risk Management Committee meeting held on 22 June 2016.

CARRIED 7/0


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11.4.5 2016-17 COMMUNITY CONTRIBUTIONS LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Various FILE REFERENCE FIN/358 REPORT AUTHOR Annie Riordan, Director Corporate and Community Services AUTHORISING OFFICER Gary Evershed, Chief Executive Officer IN BRIEF

• Each year Council contributes a percentage of the budget towards Community Contributions funding for community organisations.

• Information regarding Community Contribution funding requests was advertised in the Augusta Margaret River Times and on the Shire website.

• Applications closed for funding requests for the 2016-17 budget on 4 March 2016. • Council is to consider the funding requests received and to allocate Community Contributions

funding for the annual budget for 2016-17. RECOMMENDATION That Council provides an amount of $98,042 in the annual budget for 2016-17 and allocates funding for the following community groups: COMMUNIT CONTRIBUTIONS

Community Organisation 2016-17

$ Augusta Historical Museum 20,475 Margaret River & Districts Historical Society 11,000 Augusta Centennial Hall 12,000 Cowaramup Hall Reserves & Residents Association 38,000 Gracetown Progress Association 4,647 Karridale Hall Management Committee 3,160 Rosa Brook Sporting and Cultural Facilities 1,000 South West Academy of Sport 4,400 Margaret River Concert Band 3,360 TOTAL 98,042 LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Shire annually calls for submissions for Community Contributions from community organisations. The following table details funding provided over the past five financial years:


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• Note in 2015-16 and future years funding for events such as the Margaret River Districts Agricultural Society Show, Augusta River Festival are included as a budget item in the CEO business unit.

At the Ordinary Council Meeting of the 11 September 2013, Council adopted FI12 Financial Assistance Policy. The objective of Finance Policy FI12 Financial Assistance is to provide an overarching framework for the Shire of Augusta Margaret River to provide financial assistance to community organisations and individuals within our local community to enhance community values and aspirations. The implementation of the Policy ensures: • Transparency and accountability to the community; • Fairness and equity to all applicants; • Eligibility criteria is applied to each type of financial assistance; • The amount of financial assistance available; • Guidelines are in place to assist applicants in completion and lodgement of forms; • Applications are assessed by a delegated Officer; • Effective reporting mechanisms and administrative procedures advise Council of the type and

total value of financial assistance provided for the financial year. The adoption of the policy and associated procedures provides guidance to Shire staff and Councillors as to eligibility, timeframes for application and assessment. Council Contributions are to be determined by Council with the amount of assistance available at Council’s consideration.

Community Organisation 2011-12 2012-13 2013-14 2014-15 2015-16

Museums Augusta Historical Museum 13,742 13,740 13,000 14,329 16,375 Margaret River & Districts Historical Society

0 0 7,000 7,340 12,000

Hall Management Groups Alexandra Bridge Hall & Social Committee

0 2,000 0 5,000 0

Augusta Centennial Hall 12,000 12,000 12,000 12,000 12,000 Cowaramup Hall Reserves & Residents

27,000 33,000 38,000 37,000 38,000

Gracetown Progress Association 7,934 9,717 5,372 3,500 4,157 Karridale Hall M/Committee 0 0 7,120 4,930 5,720 Margaret River Community Resource Centre

5,800 0 0

Rosa Brook Sporting & Cultural Facilities

0 0 1,000 0 1,000

Agricultural Societies Margaret River District Ag Society*

5,000 5,000 5,000 6,000 0

SW Group affiliated Ag Associations

0 250 250 0 250

Events Augusta River Festival* 0 5,000 5,000 5,000 0 Open Mic Event Sponsorship 0 0 3,000 0 0 Other Margaret River Coastal Residents Assoc

1,500 0 0 0 0

South West Academy of Sport 3,000 4,000 4,400 4,000 4,000 The Church’s Commission on Education

5,000 0 0 0 0

Lions Margaret River 800 0 TOTAL 80,976 84,707 101,142 99,899 93,502


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CONSULTATION AND ADVICE External Consultation Calls for submissions for Community Contributions were advertised in the Augusta Margaret River Times during January to March 2016 and details were also available through the Shire website. Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The following submissions for Community Contribution funding were received:

The value of requests received have exceeded the budget funding maximum as outlined in Shire Procedure FI12.5 and also the Long Term Financial Plan where funding is based on the current budget allocation. A review and rationalisation of the requests has therefore been undertaken to remain within these parameters. Augusta Historical Museum – An additional amount of $3,500 has been included for external storage of museum items due to the limitations onsite. Margaret River & Districts Historical Society – Funding for a display case has been excluded from the allocation however significant projects still remain such as a windows restoration project on the Bramley School. Karridale Hall Management Committee – Capital items have been removed in addition to requests for items such as event food. Augusta Margaret River Affordable Housing Group – The Shire has been working with the Augusta Margaret River Affordable Housing Group to develop a Homelessness and Crisis Accommodation Strategy. It is considered that Council consider the strategy prior to funding being provided for any outcomes in the strategy.

REQUEST RECEIVED

Community Organisation 2016-17 Comments

Augusta Historical Museum 16,975 Assistance towards curator and operational costs offset by income received by Shire - Account DC82

Margaret River & Districts Historical Society

13,000 Assistance towards curator, display case, project for window restoration Bramley School

Augusta Centennial Hall 12,000 Contribution towards operational costs

Cowaramup Hall Reserves & Residents 38,000 Contribution towards operational costs

Gracetown Progress Association 4,642 Contribution towards operational costs and maintenance to pontoon

Karridale Hall Management Committee 8,860 Contribution toward operational costs and hall maintenance

Rosa Brook Sporting and Cultural Facilities 1,000 Contribution toward operational costs

South West Academy of Sport 4,400 Financial sponsorship of SWAS Margaret River Concert Band 3,360

Contribution towards conductor’s fees

Augusta Margaret River Affordable Housing Group

20,000 Contribution towards salary of a Housing Advocacy Officer (3 year commitment)

Augusta Margaret River Affordable Housing Group

3,000 Support for community consultation projects

TOTAL 125,237


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Augusta Margaret River Affordable Housing Group – The community consultation projects as outlined in the application have been incorporated into the project plan for the development of a Homelessness and Crisis Accommodation Strategy. The Augusta Margaret River Affordable Housing Group have been engaged by the Shire to conduct the consultation projects with funding provided in 2015-16 therefore no allocation is required in the 2016-17 budget. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 6.2 of the Local Government Act 1995 requires that each year a local government prepare and adopt an annual budget. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 2: Welcoming and inclusive communities Community Outcome 3: Strong community groups and networks Strategic Response 3.2: Encourage community organisations and local communities to work together to be self sufficient Service level strategy: Support hall management groups FI12 Financial Assistance Policy provides direction on the types of financial assistance available to community organisations and individuals. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Shire Procedure FI12.5 Council Contribution states that annually the Shire will provide budget funding to a maximum of $100,000. The Council Contribution submissions total $105,237 and therefore submissions have been reviewed and rationalised. SUSTAINABILITY IMPLICATIONS Environmental N/A Social It is recognised that community organisations play an important volunteer role in the wider community and contribute to the quality of life. Economic There is economic value to the Shire in the support of community halls and museums and the ongoing provision of services by community groups. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council provides an amount of $98,042 in the annual budget for 2016-17 and allocates funding for the following community groups: COMMUNITY CONTRIBUTIONS


$ Augusta Historical Museum 20,475 Margaret River & Districts Historical Society 11,000 Augusta Centennial Hall 12,000 Cowaramup Hall Reserves & Residents Association 38,000 Gracetown Progress Association 4,647 Karridale Hall Management Committee 3,160


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Rosa Brook Sporting and Cultural Facilities 1,000 South West Academy of Sport 4,400 Margaret River Concert Band 3,360 TOTAL 98,042 ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR KENNAUGH OM20161/43 That Council provides an amount of $98,042 in the annual budget for 2016-17 and allocates funding for the following community groups: COMMUNITY CONTRIBUTIONS


$ Augusta Historical Museum 20,475 Margaret River & Districts Historical Society 11,000 Augusta Centennial Hall 12,000 Cowaramup Hall Reserves & Residents Association 38,000 Gracetown Progress Association 4,647 Karridale Hall Management Committee 3,160 Rosa Brook Sporting and Cultural Facilities 1,000 South West Academy of Sport 4,400 Margaret River Concert Band 3,360 TOTAL 98,042

CARRIED 7/0


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11.4.6 CORPORATE BUSINESS PLAN 2016 - 2020 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/129 REPORT AUTHOR Kirstie Kitis, Coordinator Community Development and Planning AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF

• Local Government (Administration) Regulations 1996 requires all local governments to have a Corporate Business Plan.

• The Department of Local Government and Communities (DLGC) Integrated Planning and Reporting Framework determines the Corporate Business Plan must cover a minimum of four years and is reprioritised annually.

• The Corporate Plan identifies and prioritises the key strategies and activities Council will undertake in response to the Community Strategic Plan 2033. It details the services, operations and projects the Shire will deliver over the four-year period, the processes for delivering these and the associated cost.

• It is a requirement for Council to review the Corporate Plan. RECOMMENDATION That Council adopts the Corporate Plan 2016 – 2020 as presented in Attachment 1. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Under the Local Government (Administration) Regulations 1996, all local governments in Western Australia were required to have developed and adopted two key documents: a Strategic Community Plan and a Corporate Business Plan which are supported and informed by resourcing and delivery strategies. These plans drive the development of each local government’s annual budget. The Community Strategic Plan, was adopted in February 2013, and outlines the goals that will be achieved through the strategies and actions that are provided in the Corporate Plan. The Corporate Plan integrates the Resourcing Strategy which is comprised of the Workforce Plan, Asset Management Plan and the Long Term Financial Plan. A major review of the Community Strategic Plan is scheduled to be completed over the 2016-2017 year, and this will inform the next review of the Corporate Business Plan and Resourcing Strategy. The Corporate Plan sets out the projects and services the Shire will deliver over the next four years that work towards achieving the outcomes identified in the Community Strategic Plan. The Corporate Plan is achieved through the annual Operational Plan. An Annual Operational Plan includes information on individual actions and projects programmed to be completed throughout the year (Year 1 of the Corporate Plan) and incorporates the CEO Performance Targets as adopted by Council.


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CONSULTATION AND ADVICE External Consultation No external consultation is required as part of a desktop Corporate Plan review however a public notice is required under the Local Government (Administration) Regulations 1996 (LGAR) following the adoption of any changes to the plan by Council. Internal Consultation

• Executive Leadership Team • Business Unit Managers

DISCUSSION / OFFICER COMMENTS In accordance with the LGAR, the Shire is required to review the Corporate Plan annually and submit any modifications to Council for adoption by an absolute majority. In preparation of the Corporate Plan 2016-2020 Officers reviewed services, key projects and activities in the Shire and assessed alignment with the Community Strategic Plan 2033 and considered the capability to deliver these within current resource capacities. Timelines were reviewed and actions completed in the 2015-16 financial year were removed. Where required, action descriptions have been amended to reflect the changes or progress which has occurred over the previous twelve months. New projects have been inserted and the CEO Performance Targets to be adopted by Council at the Ordinary Council Meeting of 13 July 2016 are indicated in the Plan in bold font. The Corporate Plan for 2016-2020 is a comprehensive strategic document articulating Council’s Vision, Mission, Values, Goals and Objectives and the key strategies to achieve those objectives. Key priorities to be achieved over the next four years include:

• Undertake redevelopment of the Margaret River Cultural Centre (subject to funding) • Undertake reciprocal visits to Haining, and further explore the potential for international

relations with Vietnam city of Dong Hoi • Work collaboratively with the South West Development Commission, key stakeholders, local

peak industry bodies, other tiers of government and the community sector to maximise sustainable economic development

• Implement the Shire's Economic Development Strategy • Conduct a statutory review of the Shire's Ward System • Conduct Strategic Planning Days with Council in November/December 2016 and

February/March 2017 • Complete and submit Statutory Compliance Return and remediate any errors within

timeframes • Complete feasibility study, concept designs and pursue funding for development of Lower

Western Oval • Monitor Risk Register actions and report regular to ELT and the Audit and Risk Management

Committee • Review the Long Term Financial Plan through the CEO appointed Internal Expenditure

Review Committee and present options to Council for increasing revenue and reducing operating expenditure

• Undertake full review with ongoing desktop review of Long Term Financial Plan • Partner with Department of Fire and Emergency Services and the Office of Bushfire Risk

Management (OBRM) in Bushfire Risk Management in the Shire • Construct upgrades to the Margaret River Youth Precinct • Develop Business Case for activating the MR Zone Room commercial kitchen as a source of

revenue for the youth program and a space for future food hub start ups • Undertake full review of Community Strategic Plan • Continue implementation of the Integrated Planning and Reporting (IPR) program, including

quarterly reporting against the Operational Plan to Council • Coordinate the Shire's online community engagement portal • Develop Chalets at Turner Caravan Park • Undertake upgrades to Margaret River Recreation Centre including retrofit of plant room • Assess Funding Arrangement and Framework Agreement between State Government and

Augusta Margaret River Library


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• Sell the two identified properties in the Margaret River town centre to raise revenue for the town centre upgrade

• Develop phase 2 of the Climate Change Response Plan • Implement the Local Energy Action Plan (LEAP) • Support community based alternative energy project feasibility study • Finalise environmental and sustainability strategy • Review the Witchcliffe Village Strategy • Complete the Margaret River Main Street Town Centre Improvements with funds secured

through Royalties for Regions (in conjunction with grant funding for the Margaret River Perimeter Road)

• Construct Davis Road new waste cell number 2 • Complete concept plan for waste transfer station at Davis Road and seek works approval • Develop and implement community education strategy for waste management to support the

Strategic Waste Management Plan • Develop a Strategic Waste Management Plan • Progress and complete Stage I, II of Margaret River Main Street Town Centre Improvements • Complete RBFS funded works in the Ellis Street precinct including construction of boat trailer

parking bays and a finger jetty • Identify alignment, complete design work, obtain all required approvals and identify funding

sources to extend pathway from Augusta Boat Harbour to Dead Finish • Implement new asset management information system • Implement Strategic Asbestos Removal Plan • Complete the annual allocation for roads program

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 5.56 (1) Local Government Act 1995 requires local governments to have in place a plan for the future. Section 5.56 (1) Local Government Act 1995 and Section 19DA of the Local Government (Administration) Regulations 1996 establishes the requirements for a Corporate Business Plan and the requirement for adoption of the Plan by absolute majority.

19DA. Corporate business plans, requirements for (Act s. 5.56)

(1) A local government is to ensure that a corporate business plan is made for its district in accordance with this regulation in respect of each financial year after the financial year ending 30 June 2013.

(2) A corporate business plan for a district is to cover the period specified in the plan, which is to be at least 4 financial years.

(3) A corporate business plan for a district is to —

(a) set out, consistently with any relevant priorities set out in the strategic community plan for the district, a local government’s priorities for dealing with the objectives and aspirations of the community in the district; and

(b) govern a local government’s internal business planning by expressing a local government’s priorities by reference to operations that are within the capacity of the local government’s resources; and

(c) develop and integrate matters relating to resources, including asset management, workforce planning and long-term financial planning.

(4) A local government is to review the current corporate business plan for its district every year.

(5) A local government may modify a corporate business plan, including extending the period the plan is made in respect of and modifying the plan if required because of modification of the local government’s strategic community plan.


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(6) A council is to consider a corporate business plan, or modifications of such a plan, submitted to it and is to determine* whether or not to adopt the plan or the modifications.

*Absolute majority required.

(7) If a corporate business plan is, or modifications of a corporate business plan are, adopted by the council, the plan or modified plan applies to the district for the period specified in the plan.

[Regulation 19DA inserted in Gazette 26 Aug 2011 p. 3484-5.] STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5 Effective Leadership and Governance 2. Effective strategy, planning and asset management 2.1.3 Undertake a desktop review of the Corporate Plan PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The actions and projects which are detailed in the Corporate Plan are aligned with the draft Annual Budget 2016-2017 and the Long Term Financial Plan 2016-2026. SUSTAINABILITY IMPLICATIONS The Community Strategic Plan fosters an identification and integration of environmental protection, social advancement and economic prosperity which is enacted through the Corporate and Operational Plan. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council adopts the Corporate Plan 2016 – 2020 as presented in Attachment 1. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Corporate Plan 2016-2020 RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR SMART OM2016/144 That Council adopts the Corporate Plan 2016 – 2020 as presented in Attachment 1.

CARRIED 7/0


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12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil 13. MOTIONS FOR CONSIDERATION AT NEXT MEETING

Nil 14. NEW BUSINESS OF AN URGENT NATURE

14.1. Members

Nil

14.2. CEO

Nil 15. CONFIDENTIAL BUSINESS

Nil

16. CLOSURE OF MEETING

The Shire President thanked all in attendance and declared the meeting closed at 7.06pm.

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