ordinary council - shire of augusta-margaret river...ordinary council minutes for the meeting held...

Ordinary Council

MINUTES

FOR THE MEETING HELD WEDNESDAY, 8 NOVEMBER 2017

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 8 NOVEMBER 2017

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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 8 November 2017, commencing at 5:30pm. Yours faithfully

GARY EVERSHED CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER

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


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 6 2. ATTENDANCE ........................................................................................................................... 6 2.1 APOLOGIES ............................................................................................................................... 6 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 7

3. DISCLOSURES OF INTEREST ................................................................................................. 7 3.1 ITEM 11.4.5 LIST OF PAYMENTS FOR SEPTEMBER 2017 – FINANCIAL

INTEREST - DIRECTOR CORPORATE AND COMMUNITY SERVICES, MS ANNIE RIORDAN ................................................................................................................................... 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 PROPOSED DAM ON LOT 2812 BUSSELL HIGHWAY, WITCHCLIFFE – MR KEN

COLLINS ..................................................................................................................................... 7 4.2.2 PUBLIC AMENITIES BLOCK FACILITY AT FEARN AVENUE, MARGARET RIVER

– MR ANDREAS FRUTIGER .................................................................................................. 8 4.2.3 WINTER DIVERSION TRAIL, MARGARET RIVER – MS PETA GOODWIN ............................ 9

5. APPLICATIONS FOR LEAVE OF ABSENCE ......................................................................... 10 6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ................................................... 10 6.1 ORDINARY COUNCIL MEETING HELD 11 OCTOBER 2017 – WITH AMENDMENT ........... 10 6.2 SPECIAL COUNCIL MEETING HELD 25 OCTOBER 2017 .................................................... 10

7. DEPUTATIONS ........................................................................................................................ 11 8. PETITIONS ............................................................................................................................... 11 9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER....................................................... 11 9.1 WELCOME TO BIBBULMUN AND WADANDI NOONGAR ELDER WAYNE WEBB

WAYNE WEBB ......................................................................................................................... 11 9.2 VISIT FROM U.S. CONSUL GENERAL, RACHEL COOKE .................................................... 11 9.3 VISIT FROM THE HON KERRY SANDERSON, GOVERNOR OF WESTERN

AUSTRALIA .............................................................................................................................. 11 9.4 AUGUSTA ADVENTURE FEST – 4-5 NOVEMBER ................................................................ 11

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ................... 11 11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................. 11 11.1. CHIEF EXECUTIVE OFFICER ................................................................................................. 12 11.1.1 PROPOSED ADDITION OF RESERVE 12951 TO SCOTT NATIONAL PARK AND

CONSERVATION RESERVE ................................................................................................... 13 11.1.2 APPOINTMENT OF COUNCILLORS TO SUSTAINABILITY ADVISORY

COMMITTEE ............................................................................................................................ 19 11.1.3 APPOINTMENTS TO COUNCIL COMMITTEES ..................................................................... 24 11.1.4 COUNCILLOR REPRESENTATION TO EXTERNAL COMMITTEES ..................................... 33

11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 39 11.2.1 AMENDMENT NO. 59 - ADDITION OF SMALL BAR TO ALLOWABLE USES - FOR

INITIATION ............................................................................................................................... 40 11.2.2 REVIEW OF MOBILE FOOD BUSINESS POLICY .................................................................. 45

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 49 11.3.1 CHANGE OF RESERVE PURPOSE - DAVIS ROAD, WITCHCLIFFE .................................... 50

11.4. CORPORATE AND COMMUNITY SERVICES ....................................................................... 55 11.4.1 SPORTS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES 4

OCTOBER 2017 ...................................................................................................................... 56


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11.4.2 MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING HELD ON 11 OCTOBER 2017 ........................................................................................................... 59

11.4.3 TENDER RFT 04-18 REPLACEMENT OF MARGARET RIVER AQUATIC CENTRE DEHUMIDIFIERS ...................................................................................................................... 61

11.4.4 OPERATIONAL PLAN 2017-18 QUARTER 1 REPORT .......................................................... 64 11.4.5 LIST OF PAYMENTS FOR SEPTEMBER 2017 ...................................................................... 75 11.4.6 FINANCIAL ACTIVITY STATEMENT REPORT - SEPTEMBER 2017 .................................... 78

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................... 86 13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ....................................................... 86 14. NEW BUSINESS OF AN URGENT NATURE ......................................................................... 86 14.1 MEMBERS ................................................................................................................................ 86 14.2 CEO .......................................................................................................................................... 86

15. CONFIDENTIAL BUSINESS .................................................................................................... 86 16. CLOSURE OF MEETING ......................................................................................................... 86


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Ordinary Council Meeting

1. DECLARATION OF OPENING The Shire President welcomed all in attendance and declared the meeting open at 5.30pm The Shire President gave an Acknowledgement of Country: ‘I acknowledge and respect the Pibulmun Wadandi Yoongunjarli (the traditional custodians) of the past, present and future generations, whose lands we share. My vision while I am President, is to abolish tokenistic consultation with the local Wadandi/Dwordenup language People, and continue to establish true and meaningful partnerships which reflect the rich and diverse Cultural Heritage Values of Wooditjbilyup- Margaret River area. We recognise the importance of knowledge that the Wadandi descendants bring to the table as participants and partners in the decision making process of the AMR Shire.’

2. ATTENDANCE Shire President : Cr Pam Townshend

Councillors : Cr Ian Earl

Cr Naomi Godden Cr Peter Lane Cr Pauline McLeod Cr Julia Meldrum Cr Mike Smart

Chief Executive Officer : Mr Gary Evershed

Director Sustainable Development : Mr Dale Putland Director Infrastructure Services : Mr Markus Botte Director Corporate and Community Development : Ms Annie Riordan

Manager Planning and Development : Mr Nick Logan

Minute Secretary : Ms Claire Schiller

MEMBERS OF THE PUBLIC 19

MEMBERS OF THE PRESS Augusta Margaret River Times : Mr Warren Hately

2.1 Apologies Nil


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2.2. Approved Leave of Absence Nil

3. DISCLOSURES OF INTEREST 3.1 Item 11.4.5 List of Payments for September 2017 – Financial Interest - Director

Corporate and Community Services, Ms Annie Riordan The Director Corporate and Community Services disclosed an interest in Item 11.4.5 List of Payments for September 2017, the credit card expenses which is certified by the Chief Executive Officer.

3.2 Item 11.3.1 Change of Reserve Purpose – Davis Road, Witchcliffe – Financial Interest - Cr Godden

Cr Godden disclosed a financial interest in Item 11.3.1 Change of Reserve Purpose – Davis Road, Witchcliffe, as her partner has previously been contracted as a consultant for the Witchcliffe Eco Village and Cr Godden may also be contracted as a consultant in the future.

3.3 Item 11.2.1 Amendment No.59 – Addition of Small Bar to Allowable Uses – For Initiation – Proximity Interest – Cr McLeod

Cr McLeod disclosed a proximity interest in Item 11.2.1 Amendment No.59 – Addition of Small Bar to Allowable Uses – for initiation, as the property is owned by Cr McLeod’s husband’s brother and wife, and also neighbours Cr McLeod’s property.

4. PUBLIC QUESTIONS 4.1. Response to Previous Public Questions Taken on Notice

Nil

4.2. Public Question Time 4.2.1 Proposed Dam on Lot 2812 Bussell Highway, Witchcliffe – Mr Ken Collins Cr Godden left Chambers at 5.34pm as Mr Collins’ deputation relates to Item 11.3.1 in which she disclosd a financial interest at Item 3.2. Mr Ken Collins of 115 Rowe Road, Witchcliffe, asked the following question in relation to Proposed Dam on Lot 2812 Bussell Highway, Witchcliffe: Q1: On the 18 July 2017, at the developer’s request the Statutory Planning Commission

removed the Shire’s notation in the Schedule of Modifications of the Structure Plan that the subdivision of Special Use Agricultural Lots is conditional that ownership be restricted to Witchcliffe Ecovillage residents only. This change could allow water from the existing and proposed new dams for purposes by outside owners use of the approximately 20h of Special Use Agricultural Lots. This change opposes the vision of the ecovillage in being self-sufficient.

In light of these changes to the Structure Plan how can the Shire give support to the construction of the proposed dam on Lot 2812, Bussell Hwy, Witchcliffe?

The Shire President gave the following response as provided by the Director Sustainable Development:


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A1: The Ecovillage owners propose that owners of agricultural strata lots will be provided with a connection to irrigation water supplied from the dams. The allocation of water to each agricultural lot will be set out in the strata ‘rules’ applicable to the lot. Agricultural lots will be subject to controls outlined in an Irrigation Management Plan, Urban Water Management Plan, provisions of a future ‘special use’ zone designed specifically for the eco village agriculture lots and an ‘eco village estate covenant’.

The Western Australian Planning Commission (WAPC) considered this matter at its Statutory Planning Committee meeting and made several changes to the structure plan which differ from what Council recommended. Shire officers also understand that the Statutory Planning Committee received a submission from Mr Ken Collins at this meeting and Committee members were aware of his concerns when they approved the Structure Plan.

Notwithstanding this, the changes to the Structure Plan do not have any impact on the amount of water that can be drawn from the proposed dams, nor do they affect the Shire’s ability to consider an application to construct a dam. The Shire notes that the WAPC received advice from the Department of Water prior to approving the structure plan that identified the location and size of the proposed dam. The application for the proposed dam is currently being assessed and the Shire is currently waiting on further information from the applicant.

Cr Godden re-entered Chambers at 5.38pm 4.2.2 Public Amenities Block Facility at Fearn Avenue, Margaret River – Mr Andreas Frutiger Mr Andreas Frutiger of 936 Bessell Road, Rosa Brook asked the following questions in relation to the Public Amenities Block Facility at Fearn Avenue, Margaret River:

Q1: When was the Public Amenities Block Facility built? Q2: At what cost? Q3: The report ENG/34 COR/237 (page 32ff of the minutes of the Ordinary Council Meeting

from 27 September 2017) states that "The Shire has received complaints about the standard of the facility". How many complaints were received?

Q4: Were the complaining people mainly Margaret River residents or visitors? Q5: When were the complaints received? Q6: What was the issues of the complaints? Q7: To my knowledge it was originally Cr. Mike Smart who initiated the process to improve

the facilities. When did this happen? Q8: What was the initial request of Cr. Mike Smart? Q9: The above mentioned report, on page 34 (SUSTAINABILITY IMPLICATIOINS, Social)

explains that "The proposed upgrade will increase the number of pans existing from six to ten, the number of urinals from two to four, the number of basins from six to nine". Was this increase of the numbers of pans, urinals, and basins part of the original request by Cr. Mike Smart? If not, who initiated it?

Q10: What were/are the rationales for this upgrade?


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Q11: When was the first proposal regarding the amendment of the Fern Avenue Toilet Block,

including the estimated costs, presented to the Councillors for approval? Q12: Did the initial proposal differ from the project that has finally been approved and is now

being built? If yes, what were the changes, when where they made, and what were the rationales for these changes?

Q13: Were alternative proposals, for example a version without increasing the number of

pans, urinals, and basins, or a version with a smaller number of increases, also presented to the Councillors for decision?

Q14: How many times, and when, was this project on the agenda of a Council meeting, where

the Councillors had the possibility to have influence on the process? Q15: How many times during the course of the planning process did the Council actually

"interfere" with the process, for example by requesting changes? The Shire President took the questions on notice

4.2.3 Winter Diversion Trail, Margaret River – Ms Peta Goodwin

Ms Peta Goodwin of 12 Elva Street, Margaret River asked the following questions in relation to the Winter Diversion Trail, Margaret River. The CEO provided the responses: My questions concern the responses from the CEO to some of the questions in a letter sent by myself and Veronica Ninham to the CEO and the Councillors on 4 September 2017.

Q1: Why has there been no rehabilitation or repair by the Shire to date to those areas of

the track that were so badly damaged in the cutting of it, despite the clear recommendation of the Council and the need to move quickly to prevent further erosion and contamination of the river?

A1: This is incorrect, since July 2016, approximately $14,000 (ex GST) has been spent on rehabilitation in areas adjacent to the trail including revegetation, weed control and erosion control, primarily in the steep area near Caves Road and in the area near the Melaleuca wetland.

The Shire did not want to spend additional funds on the track itself until Council had resolved a clear direction.

A major concern was that the Shire had not consulted well enough with the indigenous community, so the work was halted pending meaningful consultation with the Wadandi. Last week we met and walked the trail which appeared to be in a good, stable condition. It was noted that there were two trees that had been killed by the process, these are to be removed. It was also noted that there was some outflow of water from a pipe, this is to be further investigated.

Q2: The CEO states that the "unregulated outflow pipe" from the dam is the problem and that "It is noted that additional works including installation of a culvert and other drainage and stabilisation works are required to complete the trail." Why was this problem not dealt with during the construction of the track instead of being left to cause more damage? Why has it still not been dealt with?

A2: The pre-existing overflow has always caused some form of erosion. A culvert cannot be installed until a Section 18 clearance has been issued.


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Q3: In the light of our Vision for 2036, which places the protection of our environment as first priority, do the CEO and the Councillors consider these draft guidelines appropriate and adequate to use to guide the construction of Mountain Bike and dual-use trails in the Shire?

A3: The matter has not been discussed or determined by Council in a formal meeting so Council

has no position on the suitability of the guidelines.

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Council Meeting held 11 October 2017 – with amendment

A correction was made to Item 11.2.2 Agriculture Intensive (Vineyard and Orchard) Winery, Rural Produce Sales (Cellar Door), Brewery, Licensed Restaurant and Retrospective Application for Works to a Dam and Bunds’. On page 69 the ‘Reason’ for the amended motion (OM2017/247) has been corrected as follows:

REASON: The Council gave due consideration to all information before them including deputations made and documents provided at the meeting, together with the content of the officer report and previous briefings to Council (including included a planning law update on the meaning of incidental use and discussion on the relevance of Local Planning Policy 5 – Cellar Door Sales to this application) and discussion concerning the applicable policy framework As an outcome of those considerations the Council deliberated on the relationship of agricultural production to other proposed uses, specifically the cellar door, restaurant and public.

The restriction on amplified music was modified from 6pm to 5pm to reflect the change in permitted opening hours.

The correction omits reference to Councillors receiving a highlighted version of Local Planning Policy 5 – Cellar Door Sales, as not all of the Councillors, during Deputation Item 7.4, received a copy of Mr McCall’s tabled Item. MOTION / COUNCIL DECISION CR LANE, CR SMART OM2017/257 That Council confirms the minutes of the Ordinary Council Meeting held 11 October 2017 with correction made to the ‘reason’ given on page 69 for the amendments to Item 11.2.2 Agriculture Intensive (Vineyard and Orchard) Winery, Rural Produce Sales (Cellar Door), Brewery, Licensed Restaurant and Retrospective Application for Works to a Dam and Bunds’, to be a true and correct record of the meeting.

CARRIED 7/0 6.2 Special Council Meeting held 25 October 2017

MOTION / COUNCIL DECISION CR MELDRUM, CR GODDEN OM2017/258 That Council confirms the minutes of the Special Council Meeting held on 25 October 2017 to be a true and correct record of the meeting.

CARRIED 7/0


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7. DEPUTATIONS Nil

8. PETITIONS Nil

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER

9.1 Welcome to Bibbulmun and Wadandi Noongar Elder Wayne Webb The Shire President welcomed Bibbulmun and Wadandi Noongar Elder, Wayne Webb to the meeting and invited him to give a Welcome to Country. Wayne Webb gave a Welcome to Country and welcomed the newly appointed Councillors and stated he looked forward to working with them and the existing Councillors. Mr Webb stated he appreciated the commitment already shown by Councillors Godden and Townshend toward strengthening the relationship between the Aboriginal Community and Council. Mr Webb spoke of the importance of looking after the beautiful land and the responsbility of working together toward a sustainable and happy future.

9.2 Visit from U.S. Consul General, Rachel Cooke The U.S. Consul General, Rachel Cooke, visted Margaret River in October to take on the Cape to Cape as part of a tour of the region.

9.3 Visit from the Hon Kerry Sanderson, Governor of Western Australia The Governor of Western Australia, the Honorable Kerry Sanderson, made her first visit to Margaret River Region last week and presented a gift to the Shire of Augusta Margaret River. The Shire President displayed the gift to the meeting, a hand crafted bowl made by Rob Jones, and advised the bowl will be available at the Shire should anyone wish to view it.

9.4 Augusta Adventure Fest – 4-5 November

The Shire President opended the Mini Augusta Adventure Fest race on Saturday 4th November. The event was a huge success. The Shire President encouraged anyone who had not experienced it to go along to the next event, she also congratulated Cr Lane for his effort in the long course mountain bike leg.

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS


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11.1. Chief Executive Officer


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11.1.1 PROPOSED ADDITION OF RESERVE 12951 TO SCOTT NATIONAL PARK AND CONSERVATION RESERVE LOCATION/ADDRESS Reserve 12951 APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE RES/12951 REPORT AUTHOR Emma Rogers, Governance and Permit Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF

• Reserve 12951, is an A class reserve managed by the Shire for the purpose of ‘water, camping and recreation’, and abuts the Scott National Park.

• Reserve 12951 has important conservation values including being part of the highly threatened Scott River Ironstone Ecological Community, and containing populations of declared rare and endangered flora.

• There has been ongoing discussions between Conservation and Land Management (CALM) and the Shire over the vesting of Reserve 12951. In July 2000 CALM (now Department of Biodiversity, Conservation and Attractions (DBCA)) requested that Council relinquish the vesting for this reserve to be included into the adjoining Scott National Park.

• On 25 June 2003, Council resolved to relinquish the vesting of Reserve 12951 to facilitate its inclusion into the Scott National Park subject to CALM providing camping for the community in the area.

• On 5 September 2017 DBCA requested the Shire consider rescinding the condition that camping be provided in the area and provide support for the proposed addition of UCL and the portion of Reserve 12951 west of Scott River Road to Scott National Park, and creation of an unclassified conservation reserve over the eastern portion of Reserve 12951 vested in the Conservation and Parks Commission.

RECOMMENDATION 1. That Council revokes the decision OM03/0627 dated 25 June 2003:

‘That Council relinquishes the vesting of Reserve 12951 to facilitate its inclusion into the Scott National Park subject to CALM providing camping for the community in the area’. (ABSOULTE MAJORITY REQUIRED)

2. That Council resolves to support the below reserve amendments: a) Addition of the Unallocated Crown Land and the portion of Reserve 12951 west of Scott

River Road to Scott National Park (outlined in red in attachment 1); b) Creation of an unclassified conservation reserve over the eastern portion of Reserve 12951

vested in the Conservation and Parks Commission (outlined in blue in Attachment 1); with the proviso that the Department of Biodiversity, Conservation and Attractions will seek the addition of the eastern portion of Reserve 12951 to Scott National Park once Department of Mines, Industry Regulation and Safety confirms the area is no longer required for exploration or otherwise removes its objection.


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LOCATION PLAN Reserve 12951

TABLED ITEMS Nil BACKGROUND Reserve 12951, is an A class reserve managed by the Shire for the purpose of ‘water, camping and recreation’. The reserve is approximately 104 hectares in area, and abuts the Scott National Park. The reserve contains numerous flora values including:

• The Scott River Ironstone Threatened Ecological Community; • Populations of two endangered flora; • Populations of 12 different declared priority flora; and • Three different vegetation complexes.

The Scott River area is also known to support populations of threatened fauna including Baudin and forest red tailed black cockatoos, quendas and numerous migratory bird species. There has been ongoing discussion for many years between the Shire and Conservation and Land Management (CALM), now Department of Biodiversity, Conservation and Attractions (DBCA), over the vesting of Reserve 12951. In July 2000, CALM requested that Council relinquish the vesting for this reserve to be included into the adjoining Scott National Park. At the time, the Shire’s Executive raised no objection to the proposal subject to CALM providing an equivalent area of State Forest in close proximity to the reserve for Council to extract gravel for road works, and the reserve be utilised for camping. In April 2003 Council held a workshop with CALM to discuss the landforms under consideration and the strategic implications to the Council for relinquishing control of Reserve 12951 and other areas. Council, on the 25 June 2003 resolved:

“MCCALL/ DORNAN OM03/06 27 …That Council relinquishes the vesting of Reserve 12951 to facilitate its inclusion into the Scott National Park subject to CALM providing camping for the community in the area.

CARRIED 5 – NIL” On 15 February 2011, the Department of Environment and Conservation (DEC), now Department of Biodiversity, Conservation and Attractions (DBCA) invited submissions in relation to the Leeuwin Naturaliste Capes Area Parks and Reserves Draft Management Plan. The Shire made the following comments, in relation to proposed addition of Reserve 12954 to Scott River National Park:


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Reserve 12951 is currently vested with the Shire and no record could be located on Council supporting incorporation into the national park. This reserve could possibly hold strategic limestone or gravel deposits. DBCA wrote to the Shire on 9 February 2017 seeking comment and support for the addition of Reserve 12951 and unallocated Crown land (UCL) fringing the Scott River to Scott National Park. The Department of Mines, Industry Regulation and Safety (DMIRS) were also consulted on the proposal. The Minister for Mines and Petroleum has advised that he supports the proposed transfer of the portion of Reserve 12951 and unallocated Crown land west of Scott River Road into the national park but is unable to support the transfer of Reserve 12951 east of the road given existing mineral exploration. On 5 September 2017, DBCA further wrote to the Shire modifying their proposal. DBCA acknowledges the Shire’s resolution of 2003 but request; given the significant ecological values throughout the reserve that the Shire consider rescinding the condition that camping is to be provided in this area, and provide unconditional support for the below reserve amendments:

1. Addition of UCL and the portion of Reserve 12951 west of Scott River Road to Scott National Park (outlined in red in attachment 1);

2. Creation of an unclassified conservation reserve over the eastern portion of Reserve 12951 vested in the Conservation and Parks Commission for the purpose of ‘Conservation of Flora and Fauna’ (outlined in blue in Attachment 1);

a) The Department will seek the addition of the eastern portion of Reserve 12951 to Scott National Park once DMIRS confirms the area is no longer required for exploration or otherwise removes its objection.

The attached map shows the proposed additions to Scott National Park and Conservation Reserve provided by DBCA. The Unallocated Crown Land fringing the Scott River is continuous with Reserve 12951 and the Scott National Park and is expected to hold similar conservation values to the adjacent reserves. DMIRS have raised no objections to the creation of an unclassified conservation reserve over the eastern portion of Reserve 12951. DBCA have advised they will continue to consult with DMIRS on their modified proposal, and if DMIRS confirm at any stage that they no longer require the area for exploration and removes its objection, they will seek the addition of the eastern portion of the Reserve to Scott National Park. CONSULTATION AND ADVICE External Consultation Department of Biodiversity, Conservation and Attractions The Department of Planning, Lands and Heritage were contacted to discuss the process for the proposed addition of a portion of Reserve 12951 west of Scott River Road in the Scott National Park, and to create an unclassified conservation reserve over the eastern portion of Reserve 12951 vested in the Conservation and Parks Commission. They have advised that if Council resolved to support the proposal, DBCA could write to the Minister for Lands requesting the proposed amendments and providing the Shire Council resolution supporting the proposal, and any other agency support as required. Amalgamating reserves or making changes to A class reserves requires Ministerial approval. The Minister must advertise the proposed change State wide, and table the proposal before Parliament with an explanation. Either House of Parliament then has 14 sitting days to pass a notice of disallowance. Internal Consultation • CEO • Coordinator Environment/Landcare Services • Coordinator Works, Construction and Drainage • Director Sustainable Development


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DISCUSSION / OFFICER COMMENTS Reserve 12951 and the adjacent Scott National Park have important conservation values including being part of the highly threatened Scott River Ironstone Ecological Community, and containing populations of declared rare and endangered flora. Previously, the Shire had resolved to relinquish the vesting of Reserve 12951 to facilitate the addition to Scott National Park subject to CALM providing camping for the community in this area. It has been nine years since this resolution was made, and DBCA have indicated that they have no intention of developing camping facilities in the area. The Leeuwin-Naturaliste Capes Area Parks and Reserves Management Plan 2015 prepared by DPaW (now DBCA) has recommended the addition of the Reserve to Scott National Park for its high conservation values. Their intent is to pursue conservation, as the reserve contains 30ha of the Scott River Ironstone Threatened Ecological Community compared with little occurrence of this community in the Scott National Park. Previously, comments from Shire Officers suggested the reserve could hold possible strategic limestone or gravel deposits. Recent consultation with Shire’s Construction Coordinator suggested there is little possibility of there being a commercial amount of gravel in the reserve. Also, due to the significant ecological values of the reserve, it is unlikely that the Shire would receive a clearing permit to extract limestone or gravel. Reserve 12951 is classified an Environmentally Sensitive Area under the Environmental Protection Act 1986. Additionally, recent geological mapping data released from the Department of Mines, Industry Regulation and Safety on recommended base raw mineral significant geological supplies does not show any significant geological supplies of gravel or limestone within Reserve 12951. The geological supplies data set is compiled from previous geological mapping using thresholds to identify areas that have the potential to provide long-term supply of basic raw materials. In summary, it is unlikely there is a viable amount of gravel or limestone deposits in Reserve 12951, due to the expected restrictions on clearing. Therefore, given the significant ecological values of the Reserve, it is recommended that Council support the addition of Reserve 12951 to Scott National Park and creation of a Conservation Reserve, as set out in DBCA’s proposal. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Part 4 Land Administration Act 1997 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area: Valuing the natural environment Community Outcome: Ecology and biodiversity protection 1.4.1 Collaborate with state government to protect the biodiversity of the shire PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS It is unlikely that there is a viable amount of gravel in the Reserve 12951 for extraction, due to the expected restrictions on clearing. SUSTAINABILITY IMPLICATIONS Supporting the addition of Reserve 12951 to National Park will ensure the protection of the unique floristic communities in the area. VOTING REQUIREMENTS Part 1 of the recommendation by absolute majority Part 2 of the recommendation by simple majority The voting requirements to revoke a decision made at a meeting are dealt with in Regulation 10 Local Government (Administration) Regulations 1996:


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(1) If a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported —

(a) in the case where an attempt to revoke or change the decision had been made within the previous 3 months but had failed, by an absolute majority; or

(b) in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee,

inclusive of the mover. (1a) Notice of a motion to revoke or change a decision referred to in subregulation (1) is to be

signed by members of the council or committee numbering at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover.

(2) If a decision has been made at a council or a committee meeting then any decision to revoke or change the first-mentioned decision must be made —

(a) in the case where the decision to be revoked or changed was required to be made by an absolute majority or by a special majority, by that kind of majority; or

(b) in any other case, by an absolute majority. The below recommendation has been separated into two parts, to enable the revocation to be dealt with separately as per Regulation 10 of the Local Government (Administration) Regulations. Part 1 of the recommendation, to revoke a decision, requires support of at least 1/3 of the number of offices (whether vacant or not) of members of the Council prior to consideration. A notice of motion is required to be signed by 3 Councillors, inclusive of the mover. The decision must be made by absolute majority. RECOMMENDATION 1. That Council revokes the decision OM03/0627 dated 25 June 2003:

‘That Council relinquishes the vesting of Reserve 12951 to facilitate its inclusion into the Scott National Park subject to CALM providing camping for the community in the area’. (ABSOULTE MAJORITY REQUIRED)

2. That Council resolves to support the below reserve amendments: a) Addition of the Unallocated Crown Land and the portion of Reserve 12951 west of Scott River

Road to Scott National Park (outlined in red in attachment 1); b) Creation of an unclassified conservation reserve over the eastern portion of Reserve 12951

vested in the Conservation and Parks Commission (outlined in blue in Attachment 1); with the proviso that the Department of Biodiversity, Conservation and Attractions will seek the addition of the eastern portion of Reserve 12951 to Scott National Park once Department of Mines, Industry Regulation and Safety confirms the area is no longer required for exploration or otherwise removes its objection.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Proposed additions to Scott National Park RECOMMENDATION – Part 1 CR SMART, CR EARL, CR 1. That Council revokes the decision OM03/0627 dated 25 June 2003:

‘That Council relinquishes the vesting of Reserve 12951 to facilitate its inclusion into the Scott National Park subject to CALM providing camping for the community in the area’.

0/0 Crs Smart and Earl signed a 'Motion of Revocation' document as per Regulation 10 Local Government (Administration) Regulations 1996. As no other Councillor moved to sign the document, the motion lapsed.


18

RECOMMENDATION - Part 2 CR, CR 2. That Council resolves to support the below reserve amendments:

a) Addition of the Unallocated Crown Land and the portion of Reserve 12951 west of Scott River Road to Scott National Park (outlined in red in attachment 1);

b) Creation of an unclassified conservation reserve over the eastern portion of Reserve 12951 vested in the Conservation and Parks Commission (outlined in blue in Attachment 1); with the proviso that the Department of Biodiversity, Conservation and Attractions will seek the addition of the eastern portion of Reserve 12951 to Scott National Park once Department of Mines, Industry Regulation and Safety confirms the area is no longer required for exploration or otherwise removes its objection.

0/0

Cr Lane then moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DECISION CR LANE, CR MCLEOD OM2017/259 That the Item be deferred pending a briefing from Department of Biodiversity Conservation and Attractions about the mining leases, the effects on A Class Reserves and National Parks and the effects of the proposal on conservation and protection and camping in the Shire.

CARRIED 7/0 REASON To allow further information be provided to Councillors.


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11.1.2 APPOINTMENT OF COUNCILLORS TO SUSTAINABILITY ADVISORY COMMITTEE LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE LND/115 REPORT AUTHOR Claire Schiller, Council Minutes and Agenda Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

Cr Godden alerted the meeting of an error on page 15 of the agenda. It incorrectly states ‘Councillor Godden asked whether it was possible to appoint a ‘non-voting’ member’, it was not Cr Godden but Cr Lane who asked the question. The error was noted and corrected within the minutes. IN BRIEF • At the 25 October 2017 Special Meeting of Council, Item 6.5 Sustainability Advisory Committee

(SAC), Appointment of Councillors, was deferred to allow further investigation into the membership terms outlined in the Instrument of Appointment and Delegation.

RECOMMENDATION That Council, in accordance with the Instrument of Appointment and Delegation of the Augusta Margaret River Sustainable Advisory Committee and ss 5.10 & 5.11A Local Government Act 1995:

1. For the purpose of clarification, amends the Instrument of Appointment and Delegation to allow for a maximum appointment of three Councillors, by insertion of the following:

• The President of the Shire of Augusta Margaret River and up to two Councillors of the Shire

of Augusta Margaret River; OR

• Up to three Councillors of the Shire of Augusta Margaret River; • A deputy in the absence of an appointed delegate; and • Up to eleven community members with interest and expertise in environmental matters,

appointed by the Council.

2. a) Appoints the Shire President, if desirous of participating, as a member of the Sustainability Advisory Committee; OR

b) Appoints Councillor____________ as a member of the Sustainability Advisory Committee;

3. Appoints Councillor ________________ and Councillor ________________ as members of

the Sustainability Advisory Committee; and

4. Appoints Councillor ________________ as deputy in the absence of the President or other appointed delegate.

LOCATION PLAN Nil TABLED ITEMS Nil


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BACKGROUND At the 23 October 2013 Special Meeting of Council, Council resolved to amend the SAC’s Instrument of Appointment and Delegation to allow an additional Councillor be appointed to SAC in the event the Shire President declined to be a member (SM131/7). Excerpt from 23 October Special Meeting:

The Shire President declined to be a representative of the Sustainability Advisory Committee. As four Councillors nominated to be representatives of the Sustainability Advisory Committee, Cr Serventy proposed the following motion: RECOMMENDATION / COUNCIL CR SERVENTY, CR VEITCH SM1310/7 That Council amends the Terms of Reference of the Sustainability Advisory Committee to expand the Council membership to three, and appoints Cr Serventy, Cr Hastie and Cr Haynes as members, and Cr Veitch as Deputy in the absence of the other appointed delegates.

CARRIED 7/0 BY ABSOLUTE MAJORITY

The SAC’s membership’s terms were then expanded to allow up to three Councillors in the event the Shire President declined as follows:

• The President of the Shire of Augusta Margaret River, if desirous of participating; • Up to three Councillors of the Shire of Augusta Margaret River; and • Up to eleven community members with interest and expertise in environmental matters,

appointed by the Council. In hindsight, the Instrument of Appointment and Delegation should have been amended as follows:

• The President of the Shire of Augusta Margaret River and up to two Councillors of the Shire of Augusta Margaret River; OR


appointed by the Council. At the 21 October 2015 Special Meeting of Council, the Shire President declined to be a member of the SAC, which allowed for three Councillors and a deputy to be appointed (SM2015/5). At the 25 October 2017 Special Meeting of Council, the Shire President and three Councillors nominated to be members of SAC, a total of four, which exceeds the membership outlined in the Instrument of Appointment and Delegation. At the meeting the CEO alerted Council of an ambiguity in the wording of the Instrument of Appointment and Delegation, which does not clearly state the intention of the amendment made in 2013, which was to appoint a maximum of three Councillors only in the event the Shire President declined to be a member. As a result, the Appointment of Councillors to the SAC was deferred. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation CEO DISCUSSION / OFFICER COMMENTS The wording of the SAC”s Instrument of Appointment and Delegation suggests up to four Councillors can be members. To have four voting Councillors as members of a committee could be considered


21

poor governance as four Councillors would be able to exercise an absolute majority in Council and would usurp the role of Council in reviewing and approving the work of an advisory committee. It is recommended that the SAC’s Instrument of Appointment and Delegation be amended to clearly state a maximum appointment of three Councillors which would be appropriate to ensure good governance and well as accurately reflecting the intention of the amendment made in 2013. For the purpose of clarity, it is recommended the wording be amended as follows:

MEMBERSHIP • The President of the Shire of Augusta Margaret River and up to two Councillors of the Shire of

Augusta Margaret River; OR


appointed by the Council. At the 25 October 2017 Special Meeting of Council, Councillor Lane asked whether it was possible to appoint a ‘non-voting’ member to the SAC to allow the three nominated Councillors and the Shire President be members. As per the Shire’s Standing Orders Local Law, a Councillor may attend a SAC meeting as an observer and may, with the consent of the Presiding Member, speak, but cannot vote. This being the case, it is not necesscery to appoint a ‘non-voting member’. Standing Orders Local Law 2007:

5.10 Attending Committee meetings as an observer

(1) A Councillor may attend any meeting of a Committee as an observer, even if the Councillor is not a member of that Committee.

(2) A deputy to a member of a Committee appointed under clause 14.4 may attend a meeting of

that Committee as an observer, even if the deputy is not acting in the capacity of the member. (3) The Councillor in the case of subclause (1), or deputy to a member attending a Committee

meeting as an observer in the case of subclause (2) -

(a) may, with the consent of the Presiding Member, speak, but cannot vote, on any motion before the Committee; and

(b) must sit in the area set aside for observers separated from the Committee members.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS All Council Committee meetings are bound by the same Standing Orders as Special and Ordinary Meetings of Council. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key result area 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 PLANNING FRAMEWORK Nil


22

FINANCIAL IMPLICATIONS The main costs associated with running committees are staff time and wages involving mostly out of hours work. Other costs include catering in the form of food and beverage. Council needs to be strategic about the use of resources involving staff time to gain the best advantage for the community. SUSTAINABILITY IMPLICATIONS Committees should use a triple bottom line assessment process whereby an integrated approach to meeting the needs of current and future generations is utilised. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council, in accordance with the Instrument of Appointment and Delegation of the Augusta Margaret River Sustainable Advisory Committee and ss 5.10 & 5.11A Local Government Act 1995:


• The President of the Shire of Augusta Margaret River and up to two Councillors of the Shire

of Augusta Margaret River; OR

• Up to three Councillors of the Shire of Augusta Margaret River; • A deputy in the absence of the President or other appointed delegate; and • Up to eleven community members with interest and expertise in environmental matters,

appointed by the Council.

2. a) Appoints the Shire President, if desirous of participating, as a member of the Sustainability Advisory Committee; OR

b) Appoints Councillor____________ as a member of the Sustainability Advisory Committee;

3. Appoints Councillor ________________ and Councillor ________________ as members of

the Sustainability Advisory Committee; and

4. Appoints Councillor ________________ as deputy in the absence of the President or other appointed delegate.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil

RECOMMENDATION PART 1 / COUNCIL DECISION CR GODDEN, CR SMART OM2017/260 That Council, in accordance with the Instrument of Appointment and Delegation of the Augusta Margaret River Sustainable Advisory Committee and ss 5.10 & 5.11A Local Government Act 1995:


• The President of the Shire of Augusta Margaret River and up to two Councillors of

the Shire of Augusta Margaret River; OR


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• Up to three Councillors of the Shire of Augusta Margaret River; • A deputy in the absence of the President or other appointed delegate; and • Up to eleven community members with interest and expertise in environmental

matters, appointed by the Council. CARRIED BY ABSOLUTE MAJORITY 6/1

CR EARL VOTED AGAINST

RECOMMENDTAION PART 2 / COUNCIL DECISION CR SMART, CR LANE OM2017/261

2. Appoints Councillor Godden as a member of the Sustainability Advisory Committee; 3. Appoints Councillor Lane and Councillor McLeod as members of the Sustainability

Advisory Committee; and

4. Appoints Councillor Meldrum as deputy in the absence of the appointed delegate. CARRIED BY ABSOLUTE MAJORITY 7/0


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11.1.3 APPOINTMENTS TO COUNCIL COMMITTEES LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE EMS/4 EMS/3 REC/36 LND/115 REPORT AUTHOR Claire Schiller, Council Minutes and Agenda Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF • The term of office for members of Council’s established committees expired following the 21

October 2017 Local Government elections. • A call for nominations from community members, and representatives of sporting and recreational

clubs and organisations to the advisory committees occurred in the weeks before the election. • Nominations have been received for four advisory committees in accordance with their Instruments

of Appointment and Delegations. • All appointments to committees of Council must be by absolute majority, and in accordance with

s5.8 of the Local Government Act 1995. RECOMMENDATION That Council: 1. In accordance with s5.8 of the Local Government Act 1995 and s67 of the Bush Fires Act 1954,

appoints the nominated Fire Control Officers (FCO) or Captains as members of the Augusta Margaret River Bush Fire Advisory Committee for a period of two years, expiring with the 2019 local government elections;

2. In accordance with s5.8 of the Local Government Act 1995, appoints the nominated representatives of sporting and recreational groups as members of the Augusta Margaret River Sport and Recreation Advisory Committee for a period of two years, expiring with the 2019 local government elections;

3. In accordance with s5.8 of the Local Government Act 1995, appoints the nominated representatives

as members of the Augusta Margaret River Local Emergency Management Committee for a period of two years, expiring with the 2019 local government elections; and

4. In accordance with s5.8 of the Local Government Act 1995, appoints the nominated representatives

as members of the Augusta Margaret River Sustainability Advisory Committee for a period of two years, expiring with the 2019 local government elections.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND A review of all membership to advisory committees of Council in accordance with the committee’s instrument and delegation occurs following the local government elections which are held every two years. The local government elections were held 21 October 2017 and a call for nominations from community members, and representatives of community groups and organisations to the advisory committees occurred in the weeks before the election.


25

Prior to the elections, the Shire advised members of the Sport and Recreation Advisory Committee (SRAC) that their term of office would expire following the elections, and encouraged the current sport and recreation clubs to re-nominate representatives for the committee. Similarly, members of the Sustainability Advisory Committee (SAC) were advised that their term of office would expire following elections, and were encouraged to re-nominate and continue volunteering on the committee. A call for nominations of representatives of sport and recreation clubs for SRAC and community members for SAC was advertised in the Augusta Margaret River Mail on the 20 and 27 September. Members of the Local Emergency Management Committee (LEMC) were advised that their terms of office would expire following the elections and each of the organisations, as set out in the LEMC Instrument of Appointment and Delegation were requested to re-confirm their organisation’s delegates and proxy delegates for the committee. Each of the Bush Fire Brigades within the Shire were also contacted and asked to confirm their Brigade’s delegates and proxies for the Bush Fire Advisory Committee (BFAC). Council, by absolute majority, is asked to confirm those nominated as members to each of the committees. CONSULTATION AND ADVICE External Consultation Bushfire brigades, emergency services, local sporting and recreation associations and community representatives. Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Council reviewed the advisory committees in September 2015 and four committees of Council were retained. The following membership structure applies to each individual committee and the appointments outlined in the recommendation meet the requirements of each the adopted Instruments of Appointment and Delegation, with the exception of the SRAC, where a minor amendment is recommended. Bush Fire Advisory Committee (BFAC) Membership of the Committee shall be: a) The President of the Shire of Augusta Margaret River, if desirous of participating; b) The Chief Bush Fire Control Officer; c) The Deputy Chief Bush Fire Control Officer; d) One Bush Fire Control Officer (appointed by the Shire in accordance with the Bush Fires Act

1954) from each Brigade; and e) One Councillor nominated by the Council. As stated in the BFAC Instrument of Appointment and Delegation, the Chief Bush Fire Control Officer (CBFCO) is to be elected the Presiding Member and the Deputy Bush Fire Control Officer (DBFCO) be elected as the Deputy Presiding Member at the meeting held during the month of August, in order to ensure that any new incoming CBFCO is able to become familiar with the role prior to the fire season. In accordance with the Instrument of Appointment and Delegation, the CBFCO and DBFCO resigned from their positions of Presiding Member and Deputy at the meeting held 16 August 2017 and the election of the Presiding Member and Deputy took place. The election of the Presiding Member and the Deputy is required to be repeated at the first meeting after the local government election to satisfy the requirements of the Local Government Act 1995. Augusta Margaret River Sport and Recreation Advisory Committee (SRAC) In the current AMR SRAC Instrument of Appointment and Delegation, the membership of the Committee consists of: a) The President of the Shire of Augusta Margaret River, if desirous of participating; b) Two Councillors of the Augusta Margaret River Shire Council; and


26

c) Up to 25 representatives of sport and recreation clubs operating within and comprising members based in the Shire of Augusta Margaret River.

Authorised representatives of sport and recreation clubs who are not appointed to the Committee may attend meetings and participate at the discretion of the Presiding Member. Following advertisement, the Shire received a total of 24 nominations of representatives from sport and recreation clubs. Local Emergency Management Committee (LEMC) Membership of the Committee shall be: a) The President of the Shire of Augusta Margaret River, or Deputy Shire President if the Shire

President decides not to take up the position; b) The Officer in Charge (OIC) of the Margaret River Police District or delegate(s); c) The Officer in Charge (OIC) of the Augusta Police District or delegate(s); d) The Officer in Charge of the Volunteer Fire and Rescue Service in Augusta & Margaret River or

their delegates; e) The Shire’s Chief Bush Fire Control Officer; f) The State Emergency Services (SES) Unit Manager or delegate; g) The Officers in Charge of the St John Ambulance Districts of Augusta & Margaret River or

delegate; h) The Officers in Charge of the Shire’s Marine Rescue Services for both Augusta & Margaret River

or their delegates; i) A health representative from the Margaret River Hospital (Department of Health); j) An officer from the Department of Community Services; k) A representative from the Department of Biodiversity Conservation and Attractions; l) A representative from the Department of Fire and Emergency Services; m) A representative from the Water Corporation WA (South West Region); n) A representative of Department of Primary Industries and Regional Development; o) A representative from Surf Life Saving WA; and p) Representatives from other agencies as required.

Sustainability Advisory Committee (SAC) Membership of the Committee shall be: • The President of the Shire of Augusta Margaret River and up to two Councillors of the Shire of

Augusta Margaret River; OR

• Up to three Councillors of the Shire of Augusta Margaret River; • A deputy in the absence of the President or other appointed delegate; and • Up to eleven community members with interest and expertise in environmental matters, appointed

by the Council. The Shire received a total of 9 nominations for community representatives. Audit and Risk Management Committee (ARMC) Membership of the Audit and Risk Management Committee (ARMC) consists of all seven Councillors. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS All Council Committee meetings are bound by the same Standing Orders as Special and Ordinary Meetings of Council. Councils are mandated to establish a Local Emergency Management Committee (LEMC) in accordance with the section 38 of the Emergency Management Act 2005 and the State Emergency Management Committee guidelines (Policy 2.5) A Bush Fire Advisory Committee (BFAC) may be appointed by a local government under s67 (Advisory Committees) of the Bush Fires Act 1954.


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Part 5 Division 2 Local Government Act 1995 – Committees and their meetings STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 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 5.1.1.7: Conduct election of Shire President and Deputy Shire President and appointment of Councillors to committees Strategic Response 5.1.5: Develop effective partnerships and strategic alliances to maximise community benefits. Service level strategy/plan 5.1.5.8: Hold regular meetings with the Sport and Recreation Advisory Committee (SRAC) Strategic Response 5.2.5: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. 5.2.5.1: Convene tri annual meetings of the Audit and Risk Management Committee. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The main costs associated with running committees are staff time and wages involving mostly out of hours work. Other costs include catering in the form of food and beverage. Council needs to be strategic about the use of resources involving staff time to gain the best advantage for the community. SUSTAINABILITY IMPLICATIONS Committees should use a triple bottom line assessment process whereby an integrated approach to meeting the needs of current and future generations is utilised. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council: 1. In accordance with s5.8 of the Local Government Act 1995 and s67 of the Bush Fires Act 1954,

appoints the following Fire Control Officers (FCO) or Captains as members of the Augusta Margaret River Bush Fire Advisory Committee for a period of two years, expiring with the 2019 local government elections:

i. Molloy Island Volunteer BFB: John Matten – Delegate Kevin Nash – Proxy

ii. Alexandra Bridge Volunteer BFB:

Tony Mostert – Delegate Ray Gilchrist - Proxy

iii. East Augusta BFB: Peter Brindley - Delegate Frank Bartoll- Proxy

iv. Cowaramup BFB: Andy McFarelane – Delegate William Pascoe - Proxy

v. Karridale BFB: Simon Hanson – Delegate Peter Warrilow - Proxy

vi. Rosa Brook BFB: Keith Scott – Delegate Andrew Newnham – Proxy

vii. Gracetown BFB: Peter Delfs - Delegate John Taylor - Proxy

viii. Wallcliffe BFB: Robert Barnett – Delegate Dave Kelly – Proxy


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ix. Witchcliffe BFB: Diane Holland - Delegate Richard Nash – Proxy

x. Kudardup BFB: Martin Dekkers – Delegate Scott Hamilton – Proxy

2. In accordance with s5.8 of the Local Government Act 1995, appoints the following representatives

of sporting and recreational groups as members of the Augusta Margaret River Sport and Recreation Advisory Committee for a period of two years, expiring with the 2019 local government elections:

i. Augusta Margaret River Football Club: Gary Yates – Delegate

Jack Shepheard - Proxy ii. Margaret River and Districts Agricultural

Society: Brian Warbey – Delegate Ray Arthur - Proxy

iii. Augusta Margaret River Junior Football Association:

Mark Barrett-Lennard - Delegate

iv. Margaret River Bowling Club: Leith Bussell - Delegate Michael Pepper - Proxy

v. Margaret River Recreational Surfers: Campbell Chalmers – Delegate Julian Scott - Proxy

vi. Arts Margaret River: Mignon Birch – Delegate vii. Football Margaret River: Gary Leigh – Delegate

Charlie Cox - Proxy viii. Margaret River Netball Association: Eloise Jarvis – Delegate ix. Margaret River Underwater Hockey: Kathleen O’Shea - Delegate x. Hawks Cricket Club: Michael Sorensen – Delegate

James Gannaway - Proxy Margaret River & Districts Horseman’s Association & Pony Club Inc.:

Sharon Schaafsma- Delegate

xi. Margaret River Little Athletics Club: Matt Jarvis - Delegate xii. Margaret River Basketball Association: Fiona Edwards – Delegate

Nigel Harvey - Proxy xiii. Margaret River Roller Derby: Sarah Kissell – Delegate

Kimberley Kent - Proxy xiv. Margaret River Hockey Club Inc.: Jeanette Smith - Delegate

Luke Altman - Proxy xv. Margaret River Senior High School: Martin Keen – Delegate

Shane Joyce - Proxy xvi. Margaret River Karate: Paul Creaney - Delegate

Martin Keen - Proxy xvii. Margaret River Gropers Rugby Club: Mark Heyink – Delegate

Mark Sheath - Proxy xviii. Margaret River Tennis Club: Colin Clark - Delegate

Nick Dornan - Proxy xix. Augusta Golf Club: Nick Dornan - Delegate xx. Margaret River Junior Cricket Club: Miles Mottershead - Delegate xxi. Margaret River Primary School: Gary Gibbon - Delegate xxii. Cowaramup Tennis Club: Leith Gregory – Delegate

Andrew Male - Proxy xxiii. Margaret River BMX Club Dean Campbell – Delegate

Ashley Clutton - Proxy 3. In accordance with s5.8 of the Local Government Act 1995, appoints the following representatives

as members of the Augusta Margaret River Local Emergency Management Committee for a period of two years, expiring with the 2019 local government elections:


29

i. Margaret River St John Ambulance:

Dane Hendry – Delegate Lauren Hoff - Proxy

ii. State Emergency Services (SES) Local Manager:

Lewis Hawkins - Delegate Adrian Yates - Proxy

iii. AMR Bush Fire Brigades: David Holland - Delegate Brett Trunful - Proxy

iv. Augusta St John Ambulance: Brendan Jordan – Delegate Maurie Innwood - Proxy

v. Department for Child Protection (Bunbury/Collie/Busselton):

Martin Dearlove - Delegate Roma Boucher - Proxy

vi. Margaret River Police Officer in Charge:

Brett Cassidy – Delegate Rachel Macey - Proxy

vii. Augusta Police Officer in Charge:

Rik Lok - Delegate Michael Burger - Proxy

viii. Augusta Volunteer Fire and Rescue Service:

Alex Bernhagen – Delegate Rex Dudding - Proxy

ix. Margaret Volunteer River Fire and Rescue Service:

Jeff Bushby – Delegate Leith Jones - Proxy

x. Augusta Volunteer Marine Rescue Service:

Keith MaacAulay – Delegate Roy Pengelly - Proxy

xi. Margaret River Volunteer Marine Rescue Service:

Patricia MacShane - delegate Mark Ivers - Proxy

xii. Department of Biodiversity, Conservation and Attractions, Parks and Wildlife Service:

Jeremy Friend - Delegate Ed Hatherley - Proxy

xiii. Local Emergency Coordinator: Brett Cassidy - Delegate xiv. Water Corporation: Gary Yates – Delegate

Josh Jackson - Proxy xv. MR Hospital / Department of Health: Mary Allen - Delegate

Alison Abbey - Proxy xvi. Department of Fire and Emergency

Services: Nathan Hall - Delegate Danny Mosconi - Proxy

4. In accordance with s5.8 of the Local Government Act 1995, appoints the following representatives

as members of the Augusta Margaret River Sustainability Advisory Committee for a period of two years, expiring with the 2019 local government elections:

i. Julian Kruger ii. Karen Majer iii. Laura Bailey iv. John Lawson v. Nick Dornan vi. Lyn Serventy vii. Ken Collins viii. Peter Little ix. Katie Biggs

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil


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RECOMMENDATION / COUNCIL DECISION CR EARL, CR MELDRUM OM2017/262 That Council: 1. In accordance with s5.8 of the Local Government Act 1995 and s67 of the Bush Fires Act

1954, appoints the following Fire Control Officers (FCO) or Captains as members of the Augusta Margaret River Bush Fire Advisory Committee for a period of two years, expiring with the 2019 local government elections:

i. Molloy Island Volunteer BFB: John Matten – Delegate Kevin Nash – Proxy

ii. Alexandra Bridge Volunteer BFB:

Tony Mostert – Delegate Ray Gilchrist - Proxy

iii. East Augusta BFB: Peter Brindley - Delegate Frank Bartoll- Proxy

iv. Cowaramup BFB: Andy McFarelane – Delegate William Pascoe - Proxy

v. Karridale BFB: Simon Hanson – Delegate Peter Warrilow - Proxy

vi. Rosa Brook BFB: Keith Scott – Delegate Andrew Newnham – Proxy

vii. Gracetown BFB: Peter Delfs - Delegate John Taylor - Proxy

viii. Wallcliffe BFB: Robert Barnett – Delegate Dave Kelly – Proxy

ix. Witchcliffe BFB: Diane Holland - Delegate Richard Nash – Proxy

x. Kudardup BFB: Martin Dekkers – Delegate Scott Hamilton – Proxy

2. In accordance with s5.8 of the Local Government Act 1995, appoints the following

representatives of sporting and recreational groups as members of the Augusta Margaret River Sport and Recreation Advisory Committee for a period of two years, expiring with the 2019 local government elections:

i. Augusta Margaret River Football Club: Gary Yates – Delegate

Jack Shepheard - Proxy ii. Margaret River and Districts

Agricultural Society: Brian Warbey – Delegate Ray Arthur - Proxy

iii. Augusta Margaret River Junior Football Association:

Mark Barrett-Lennard - Delegate

iv. Margaret River Bowling Club: Leith Bussell - Delegate Michael Pepper - Proxy

v. Margaret River Recreational Surfers: Campbell Chalmers – Delegate Julian Scott - Proxy

vi. Arts Margaret River: Mignon Birch – Delegate vii. Football Margaret River: Gary Leigh – Delegate

Charlie Cox - Proxy viii. Margaret River Netball Association: Eloise Jarvis – Delegate ix. Margaret River Underwater Hockey: Kathleen O’Shea - Delegate x. Hawks Cricket Club: Michael Sorensen – Delegate

James Gannaway - Proxy Margaret River & Districts Horseman’s Association & Pony Club Inc.:

Sharon Schaafsma- Delegate

xi. Margaret River Little Athletics Club: Matt Jarvis - Delegate xii. Margaret River Basketball Association: Fiona Edwards – Delegate


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Nigel Harvey - Proxy xiii. Margaret River Roller Derby: Sarah Kissell – Delegate

Kimberley Kent - Proxy xiv. Margaret River Hockey Club Inc.: Jeanette Smith - Delegate

Luke Altman - Proxy xv. Margaret River Senior High School: Martin Keen – Delegate

Shane Joyce - Proxy xvi. Margaret River Karate: Paul Creaney - Delegate

Martin Keen - Proxy xvii. Margaret River Gropers Rugby Club: Mark Heyink – Delegate

Mark Sheath - Proxy xviii. Margaret River Tennis Club: Colin Clark - Delegate

Nick Dornan - Proxy xix. Augusta Golf Club: Nick Dornan - Delegate xx. Margaret River Junior Cricket Club: Miles Mottershead - Delegate xxi. Margaret River Primary School: Gary Gibbon - Delegate xxii. Cowaramup Tennis Club: Leith Gregory – Delegate

Andrew Male - Proxy xxiii. Margaret River BMX Club Dean Campbell – Delegate

Ashley Clutton - Proxy 3. In accordance with s5.8 of the Local Government Act 1995, appoints the following

representatives as members of the Augusta Margaret River Local Emergency Management Committee for a period of two years, expiring with the 2019 local government elections:

i. Margaret River St John Ambulance:

Dane Hendry – Delegate Lauren Hoff - Proxy

ii. State Emergency Services (SES) Local Manager:

Lewis Hawkins - Delegate Adrian Yates - Proxy

iii. AMR Bush Fire Brigades: David Holland - Delegate Brett Trunful - Proxy

iv. Augusta St John Ambulance: Brendan Jordan – Delegate Maurie Innwood - Proxy

v. Department for Child Protection (Bunbury/Collie/Busselton):

Martin Dearlove - Delegate Roma Boucher - Proxy

vi. Margaret River Police Officer in Charge:

Brett Cassidy – Delegate Rachel Macey - Proxy

vii. Augusta Police Officer in Charge:

Rik Lok - Delegate Michael Burger - Proxy

viii. Augusta Volunteer Fire and Rescue Service:

Alex Bernhagen – Delegate Rex Dudding - Proxy

ix. Margaret Volunteer River Fire and Rescue Service:

Jeff Bushby – Delegate Leith Jones - Proxy

x. Augusta Volunteer Marine Rescue Service:

Keith MaacAulay – Delegate Roy Pengelly - Proxy

xi. Margaret River Volunteer Marine Rescue Service:

Patricia MacShane - delegate Mark Ivers - Proxy

xii. Department of Biodiversity, Conservation and Attractions, Parks and Wildlife Service:

Jeremy Friend - Delegate Ed Hatherley - Proxy

xiii. Local Emergency Coordinator:

Brett Cassidy - Delegate

xiv. Water Corporation: Gary Yates – Delegate Josh Jackson - Proxy

xv. MR Hospital / Department of Health: Mary Allen - Delegate Alison Abbey - Proxy

xvi. Department of Fire and Emergency Services:

Nathan Hall - Delegate Danny Mosconi - Proxy


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4. In accordance with s5.8 of the Local Government Act 1995, appoints the following

representatives as members of the Augusta Margaret River Sustainability Advisory Committee for a period of two years, expiring with the 2019 local government elections:

i. Julian Kruger ii. Karen Majer

iii. Laura Bailey iv. John Lawson v. Nick Dornan

vi. Lyn Serventy vii. Ken Collins viii. Peter Little ix. Katie Biggs

CARRIED BY ABSOLUTE MAJORITY 7/0

Cr Godden foreshadowed the following supplementary motion: FORESHADOWED SUPPLEMENTARY MOTION CR GODDEN, CR MELDRUM That Council in order to increase diversity on Council Committees:

1. Collects, analyses and reports data on the demographic makeup of committees including age, gender, employment status, level of education attainment, Aboriginal and/or Torres Strait Islander status, ethnicity, disability and community of residence;

2. Develops diversity targets for membership of Council committees, to be included in each committee’s Instrument of Appointment and Delegation and monitored bi-annually;

3. Develops a plan to recruit and support diverse community members to join Council committees (excluding the Audit and Risk Management Committee) after the 2017-19 term; and

4. If the SAC, BFAC, SRAC and LEMC do not each have two committee members under the age of 30 years, that Council advertises, recruits and appoints up to two community members under 30 years of age to these committees for the 2017-19 term.

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REASON Cr Godden spoke to the motion stating the intent is to improve increased community diversity and inclusion. The capturing of basic data will allow a snapshot of the current demographic makeup and help to identify where there may be gaps in the community, giving Council an opportunity move toward equal opportunity for all. Following debate on Cr Godden’s foreshadowed supplementary motion the Shire President moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DECISION CR TOWNSHEND, CR SMART OM2017/263 That the foreshadowed motion be deferred pending further discussion and re-working at the Strategic Planning Day.

CARRIED 7/0 REASON During debate of Cr Godden’s foreshadowed supplementary motion, concern was expressed regarding some of the wording, the procedural motion allows Councillors an opportunity to re-work the motion.


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11.1.4 COUNCILLOR REPRESENTATION TO EXTERNAL COMMITTEES LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE GOV/44 REPORT AUTHOR Claire Schiller, Council Minutes and Agenda Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer

IN BRIEF • The Shire is represented on a number of external committees and bodies. • With the change of Council having just occurred, it is timely to review the external committee

representational needs of the Shire by recognising disbanded committees and groups from the previous term and appointing delegates to newly formed committees and groups.

• Council is asked to appoint delegates to represent the Shire on the following external committees: Wadandi Track Steering Committee; Cultural Centre Redevelopment Working Group; Augusta Margaret River Industry Leaders Group; Lower Blackwood Land Conservation District Committee; Margaret River Perimeter Road Community Reference Group; South West Regional Road Group; WALGA SW Zone; Trails Community Reference Group; and Housing Advocacy Project Steering Committee.

RECOMMENDATION That Council:

1. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the Wadandi Track Steering Committee and Cr _____________ as deputy;

2. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the Cultural Centre Redevelopment Working Group and Cr _____________ as deputy;

3. Appoints the Shire President as the Shire of Augusta Margaret River representative to the

Augusta Margaret River Industry Leaders Group and the Deputy Shire President as deputy;

4. Appoints Cr ___________ as the Shire of Augusta Margaret River representative to the Lower Blackwood Land Conservation District Committee and Cr________________ as deputy;

5. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the

Margaret River Perimeter Road Community Reference Group and Cr ________ as deputy;

6. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the South West Regional Road Group and Cr ________ as deputy;

7. Appoints the Shire President as the Shire of Augusta Margaret River’s representative of the

WALGA Zone Committee and the Deputy Shire President as deputy;

8. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the Trails Community Reference Group and Cr ________ as deputy;


Housing Advocacy Project Steering Committee and Cr ________ as deputy;


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10. Notes that the South West Cruise Alliance is no longer active and no longer requires

representation from the Shire; and

11. Notes that the Augusta Cruise Ship Working Group is no longer active and no longer requires representation from the Shire.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND By representing the views of the larger community on the external committees across a broad spectrum of issues, Councillors can continue to provide up to date information on issues to their constituents and to Council. Since the commencement of the previous term of Council, both the Augusta Cruise Ship Working Group and the South West Cruise Alliance have been disbanded as the project has been completed. Below is a summary of the external committees that the Shire is recommended to be represented on during the 2017-2019 term of Council.

External Committee Purpose & Status Current Delegate / Required Delegate

Wadandi Track Steering Committee

The steering committee was established in late 2010 and consists of representatives of the National Trust, an elected member and staff representatives of the Shire of Augusta Margaret River and City of Busselton. The purpose of the steering committee is to oversee the development of a masterplan, for the 108 km rail trail from Busselton to Flinders Bay. The masterplan is nearing completion and sections of the track are being progressively implemented in both municipalities as funding permits. Ongoing. Meetings are held quarterly.

Cr Lane Cr Townshend (deputy)

Cultural Centre Redevelopment Working Group (CCRWG)

Council resolved to establish a CCRWG which has already met on several occasions, and which will meet on a quarterly basis, to seek information from community members and to identify sources of funding for the redevelopment of the Cultural Centre. The CCRWG involves representatives from Arts Margaret River, Margaret River Chamber of Commerce and Industry, Margaret River Busselton Tourism Association, the South West Development Commission, local architects, the Margaret River Theatre Group, the Recreations Operations Manager, the Shire’s CEO, the Director Corporate and Community Services and other interested community and industry members. Given the decision to grant Arts Margaret River the contract to manage the centre, it is timely to consider Councillor representation on the committee. Ongoing.

CEO Director Corporate and Community Services Cr Kennaugh Cr Townshend (deputy)


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Industry Leaders Group Margaret River Chamber of Commerce and Industry, Margaret River Busselton Tourism Association, Augusta Chamber of Commerce and Industry, Shire of Augusta Margaret River, Margaret River Wine Industry Association networking forum. Ongoing.

CEO Shire President Deputy Shire President (deputy)

Lower Blackwood Land Conservation District Committee

To advise on development and promotion of land use programs in the district under Soil & Land Conservation Act 1945. Ongoing.

Cr Hastie Cr Haynes (deputy)

Margaret River Perimeter Road Community Reference Group

This CRG essentially provides a forum to facilitate and improve communication between the community, Main Roads and the project contractor. The CRG is a community sounding board that: • Assists in identifying, discussing and providing advice on

community issues associated with the project. • Receives information from Main Roads (and ultimately the

contractor) to share with the community. • Provides representative community and stakeholder input

into some project design details. • Advises of any additional ways to communicate with local

residents. Ongoing. Meets five to six times per year, when required.

Cr Haynes Cr Townshend (deputy)

South West Regional Road Group

One elected member from each shire in the MRWA South West Regional area meets as required regarding road network. Ongoing. Meetings held quarterly.

Cr Hastie

WALGA South West Zone Committee

Policy making structure of WALGA representing SW Councils inputting into State Council meetings. Ongoing.

Shire President Deputy Shire President (deputy) CEO (Non-Voting)

Trails Community Reference Group

Shire officers established an informal group of trails user stakeholders in November 2013 under the banner of “Trails Forum.” In view of the increasing number of trails planned or under development within the Shire, the group was formalised in 2015. The purpose of the group is to: • Provide a forum for the exchange of information and

collaboration between trail user groups and land managers within the Shire

• Provide a channel for communication back to individual user groups

• Provide input to the planning and development of trails and associated infrastructure

• Develop and review a trail user’s code of conduct • Promote the responsible use of trails within member

groups • Provide input to the development of maps, promotion and

marketing information The group has been meeting quarterly.

Cr Lane Cr Haynes (deputy)


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Housing Advocacy Project Steering Committee

A community roundtable meeting in December 2016 attended by Councillors, Shire staff and three representatives from Just Home proposed a Steering Committee for project leadership and evaluation, comprised of representatives from the MRCC, Soup Kitchen, Shire, Just Home, Margaret River Professional Social Work Collective, and people with personal experience of homelessness and housing stress. The committee will assist the HAO to develop a work plan to address the project aims based on Just Home’s community consultations. Project progress reports will be presented to monthly MRCC management committee meetings and quarterly Steering Committee meetings. As Shire staff are engaged with the working group, it was recommended a Councillor sit on this committee to best guide this project.

Cr Earl

CONSULTATION AND ADVICE External Consultation South West Development Commission Internal Consultation CEO Director Infrastructure Services Director Corporate and Community Services Director Sustainable Development Manager Assets Services DISCUSSION / OFFICER COMMENTS The local government elections provide an opportunity to reassess the Council’s participation in the various external committees. Reviewing these commitments allows for the smooth transition of the members of the new Council to nominate for roles where they are representing the best interests of their Shire and its constituents, both inside and outside of the Shire of Augusta Margaret River. In accordance with the Shire’s Governance and Business Excellence Policy 1.9, Council Delegates, appointments to committees should only be considered where the body/group/organisation: • Represents state or regional interests that are likely to impact upon the Shire of Augusta Margaret

River; • Represents local interests and the Council has a direct financial interest in the affairs of that group;

or • Represents local interests and the group occupies Council property.

In light of the policy, and CEO’s previous advice to Council that it is preferable to keep Council and staff participation in committees to a minimum and in order to limit additional pressures upon Council members and staff, Council should consider whether participation in these committees should continue. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The decisions of the committees are not binding upon Council. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Kay Result Area 4: Vibrant and diverse economy Community Outcome 4.1: Strong agriculture and viticulture sectors Strategic Response 4.1.1: Ensure Shire processes support the development of strong agricultural and viticultural sectors Service level strategy/plan 4.1.1.1: Convene regular meetings of the Industry Leaders Group Service level strategy/plan 4.1.1.2: Maintain a positive collaborative relationship with the Margaret River Wine Industry Association and promote the Margaret River Wine Region as Australia’s premier wine region Community Outcome 4.2: Sustainable tourism industry


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Strategic Response 4.2.2: Work collaboratively with the tourism sectors to promote and develop eco tourism Service level strategy/plan 4.2.2.1: Maintain a positive collaborative relationship with the Margaret River Busselton Tourism Authority (MRBTA) to measure visitor numbers and impacts and maximise visitor benefits to the Shire Community Outcome 4.5: Improved Educational Infrastructure Strategic Response 4.5.1: Work collaboratively with other agencies to provide enhanced tertiary education facilities Service level strategy/plan 4.5.1.1: Work with Margaret River Education Campus Board to support their efforts to improve the vitality of the campus PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Councillors attending meetings and events as a Council appointed delegate are entitled to travel reimbursements and other costs in accordance with Council policy. The wages for staff time (often after hours) for staff attending committees to provide technical or administrative support should also be considered. SUSTAINABILITY IMPLICATIONS Environmental Participation on landcare groups and other bodies can assist in protecting the environment. Social Participation on other bodies can assist in strengthening our community. Economic Participation on other bodies can assist in fostering economic development. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council:

1. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the Wadandi Track Steering Committee and Cr _____________ as deputy;

2. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the Cultural Centre Redevelopment Working Group and Cr _____________ as deputy;

3. Appoints the Shire President as the Shire of Augusta Margaret River representative to the

Augusta Margaret River Industry Leaders Group and the Deputy Shire President as deputy;

4. Appoints Cr ___________ as the Shire of Augusta Margaret River representative to the Lower Blackwood Land Conservation District Committee and Cr________________ as deputy;


Margaret River Perimeter Road Community Reference Group and Cr ________ as deputy;

6. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the South West Regional Road Group and Cr ________ as deputy;

7. Appoints the Shire President as the Shire of Augusta Margaret River’s representative of the

WALGA Zone Committee and the Deputy Shire President as deputy;

8. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the Trails Community Reference Group and Cr ________ as deputy;


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9. Appoints Cr _________________as the Shire of Augusta Margaret River representative to the Housing Advocacy Project Steering Committee and Cr ________ as deputy;

10. Notes that the South West Cruise Alliance is no longer active and no longer require

representation from the Shire; and

11. Notes that the Augusta Cruise Ship Working Group is no longer active and no longer requires representation from the Shire.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR EARL, CR MELDRUM OM2017/264 That Council:

1. Appoints Cr Lane as the Shire of Augusta Margaret River representative to the Wadandi Track Steering Committee and Cr Earl as deputy;

2. Appoints Cr McLeod as the Shire of Augusta Margaret River representative to the Cultural Centre Redevelopment Working Group and Cr Godden as deputy;

3. Appoints the Shire President as the Shire of Augusta Margaret River representative to

the Augusta Margaret River Industry Leaders Group and the Deputy Shire President as deputy;

4. Appoints Cr Meldrum as the Shire of Augusta Margaret River representative to the Lower

Blackwood Land Conservation District Committee and Cr Smart as deputy;

5. Appoints Cr Earl as the Shire of Augusta Margaret River representative to the Margaret River Perimeter Road Community Reference Group and Cr McLeod as deputy;

6. Appoints Cr Meldrum as the Shire of Augusta Margaret River representative to the South

West Regional Road Group and Cr Earl as deputy;

7. Appoints the Shire President as the Shire of Augusta Margaret River’s representative of the WALGA Zone Committee and the Deputy Shire President as deputy;

8. Appoints Cr Lane as the Shire of Augusta Margaret River representative to the Trails

Community Reference Group and Cr Godden as deputy; 9. Appoints Cr McLeod as the Shire of Augusta Margaret River representative to the

Housing Advocacy Project Steering Committee;

10. Notes that the South West Cruise Alliance is no longer active and no longer require representation from the Shire; and

11. Notes that the Augusta Cruise Ship Working Group is no longer active and no longer

requires representation from the Shire. CARRIED 7/0


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11.2. Sustainable Development


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11.2.1 AMENDMENT NO. 59 - ADDITION OF SMALL BAR TO ALLOWABLE USES - FOR INITIATION LOCATION/ADDRESS Lot 23 Caves Road, Margaret River APPLICANT/LANDOWNER D McLeod / McLeod CL FILE REFERENCE LND/1/59 REPORT AUTHOR Matt Cuthbert, Strategic Project Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

Cr McLeod left Chambers at 6.45pm as she disclosed a proximity interest at Item 3.3. IN BRIEF • The subject land is identified by Local Planning Scheme No. 1 (LPS1) and an endorsed structure

plan as a low-key tourism node. • LPS1 lists the allowable tourism uses, which include a licensed restaurant. • The site is as yet undeveloped. The proponent wishes to construct and operate a restaurant

wherein drinks are able to be served to non-eating, standing guests. This element of the future development is by definition a ‘small bar’.

• The proposal is to add small bar to the list of permissible uses applicable to the subject land in the Scheme.

RECOMMENDATION That Council initiate Amendment 59 to allow for a period of public consultation to occur. TABLED ITEMS Nil SITE AND SURROUNDS The subject land is Lot 23 on the north-west corner of Caves and Wallcliffe Roads, Margaret River. Lot 23 is 17ha in size and predominantly cleared apart from a consolidated section of remnant vegetation which follows a creekline running centrally through the site in an east/west direction.


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Figure 1 – Subject Land. BACKGROUND The subject land was created as an outcome of the subdivision of Lot 504, which also resulted in the creation of 22 rural residential lots in the north-west corner of the site. The zoning of the subject land is ‘General Agriculture’ and a Structure Plan is applicable (see Planning Framework). THE PROPOSAL The Shire has received a request from the owners of the land for Council to initiate a Local Planning Scheme Amendment. The proponent intends to develop and run a restaurant on the subject land, wherein there is capacity to serve alcoholic beverages to non-eating and or unseated guests. This will involve the future lodgement of a Development Application, which will provide all of the relevant details relating to the construction and operation of the development such as built form (size/design/materials) hours of operation, carparking and landscaping. Currently, a restaurant is an allowable landuse on the subject land, however a small bar is not. Restaurant is defined by the LPS1 as: “restaurant” means premises where the predominant use is the sale and consumption of food and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Control Act 1988; Small Bar is defined by the LPS1 as: “small bar” means premises licensed as a small bar under the Liquor Control Act and used to sell liquor for consumption on the premises, but not including the sale of packaged liquor; and with the number of persons who may be on the licensed premises limited to a maximum of 120. If the proponents preferred form of development is to be capable of being approved, it is necessary to modify the scheme to add ‘small bar’ to the list of allowable landuses outlined at Schedule 2 of the Scheme. As required by the Planning and Development (Local Planning Scheme) Regulations 2015, Council is required to determine the type of Amendment being either basic, standard or complex. It is recommended that the amendment is ‘standard’. PLANNING FRAMEWORK Structure Plan A Structure Plan was approved by the WAPC for the site in 2012. The Structure Plan puts in place controls relevant to the future development of the subject land such as: • A defined building envelope in the south-west corner of the site; • A 60m development setback from Caves Road • The protection of remnant vegetation; and • The location of access from Wallcliffe Road. • It is important to note that the proposal does not seek to alter any of the controls imposed by way of

the approved structure plan.


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Figure 2 - Excerpt from Structure Plan Local Planning Scheme No. 1 (LPS1) The subject land is zoned ‘General Agriculture’ and has an ‘Additional Use’ designation which provides for a wide range of landuses not otherwise allowable in the general agriculture zone. As it relates specifically to the subject land, Schedule 2 specifies at A52, the uses permissible as follows: The following classes of development may be considered within the designated building envelope (Dwelling Sites and Low Key Tourist Node) shown on the Subdivision Guide Plan for proposed Lots 22 and 23: Single Dwelling “P” Home Occupation “P” Bed & Breakfast “A” Guest House “A” Holiday Cabins and Chalets “A” Licensed Restaurant/Restaurant “A” Art and Craft Studio and Sales “A” Cottage Industry “A” CONSULTATION If an Amendment is initiated by Council, consultation will occur in accordance with the Planning and Development (Local Planning Scheme) Regulations 2015. This will include notices in the local paper, Shire website and direct contact with surrounding landowners. The consultation process will be ongoing for 42 days. DISCUSSION Liquor licensing A licence to supply liquor is generally not provided by the Department of Racing Gaming and Liquor (RGL) unless a development approval has been issued by the relevant local government. The type of licence issued will generally be consistent with the development type approved by the local authority. If the Shire has issued approval for a restaurant, there is the potential for an operator to apply to the Department of RGL for an extended trading permit, to allow alcohol to be sold to guests who have not purchased a meal. However, an extended trading permit comes with strict conditions such as: • the restaurant must always be set up and presented for dining; • tables cannot be removed or shifted in order to create dance floors;

SUBJECT LAND


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• the kitchen must be open and operating at all times liquor is available and the restaurant's regular full menu must be available at all times;

• liquor may only be consumed by patrons seated at a dining table; • table service only by restaurant staff, no bar service (can be relaxed in certain instances); • the venue can't be advertised as anything but a restaurant; • the permit does not apply to any area currently trading under an 'al fresco' extended trading permit. In the case of the subject proposal, the proponent wishes to be able to serve alcohol in a less formal setting, where drinks can be consumed standing or sitting and can be purchased at a bar. The most fitting use class from the perspective of both LPS1 and the categories of liquor licence available is small bar. A licence issued for a small bar authorises: • the sale and supply of liquor for consumption on the premises only; and • a maximum capacity of no more than 120 people at any one time. The nature of the proposed small bar is substantially the same as the allowable restaurant use with an extended trading permit, subject to minor variations such as the ability for patrons to consume beverages whilst standing. From a landuse perspective there is only a minor difference between these types of use. Low Key Tourism A relevant consideration is whether or not a ‘small bar’ is consistent with the requirement of LPS1 and the applicable structure plan that development be ‘low key’. Low key is not a term which is defined by LPS1, however the scheme does define ‘low impact tourist development’ (which provides some guidance) as:

“development predominantly of a tourist nature that has been designed in such a manner that it does not detract from the rural and natural amenity of the locality, and includes the following criteria: (a) development being located so as to avoid ridge lines, escarpments or visually exposed sites

and situated where screening vegetation or landform can be utilised; (b) use and development being sensitively located and designed to minimise impact on vegetation,

watercourses, soil quality and existing land uses; (c) development being of a scale and nature so as to be self-sustaining on the lot or demonstrating

the ability to provide servicing without significant modifications to existing infrastructure; (d) development that by the nature of its scale, design, colours, materials, landscaping and use,

has minimal impact on its site and surrounding areas; and (e) where the land use and any development has a minimal off-site consequence.”

With regard to parts (a) and (b) of the definition, the location of any future development is set by the Structure Plan and this will not change whether or not future development constitutes a small bar or not. With regard to points (c), (d) and (e), detailed consideration of the future built form cannot be made until such time as a development application is lodged, however it is likely that the physical form of the intended small bar / restaurant will not be dissimilar to a licensed restaurant as presently allowed. Notwithstanding, these details and others must be given consideration through a future development application process, which will necessarily require a process of community consultation. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Keu Result Area 3: Managing Growth Sustainably Community Outcome: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No. 1 (LPS1) Service Level Strategy/Plan: Provide Planning Services FINANCIAL IMPLICATIONS The applicant has paid a fee to facilitate review of the proposal by Shire staff.


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SUSTAINABILITY IMPLICATIONS Environmental No change is proposed to the existing Structure Plan, which suitably protects existing vegetation. Social Surrounding residents will be consulted regarding the potential impact of the proposal on their amenity. Economic Once developed, the proposal will create additional hospitality jobs. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Resolves pursuant to section 75 of the Planning and Development Act 2005, to prepare an

amendment the above Local Planning Scheme by: Adding ‘Small Bar’ as an ‘A’ use in the list of permissible uses applicable to Additional Use 52 at Schedule 2 of LPS1; and

2. Determines that the Amendment is ‘standard’ under the provisions of the Planning and

Development (Local Planning Schemes) Regulations 2015 for the following reason: The proposal is an amendment that will have minimal impact on land in the scheme area that is not the subject of the amendment.

ADVICE TO APPLICANT / PROPONENT Prior to advertising of the amendment as required, a suitably prepared amendment document will be required. Shire staff can assist with examples in this regard. ATTACHMENTS Nil RECOMMENDATION CR EARL, CR That Council: 1. Resolves pursuant to section 75 of the Planning and Development Act 2005, to prepare an

amendment the above Local Planning Scheme by: Adding ‘Small Bar’ as an ‘A’ use in the list of permissible uses applicable to Additional Use 52 at Schedule 2 of LPS1; and

2. Determines that the Amendment is ‘standard’ under the provisions of the Planning and

Development (Local Planning Schemes) Regulations 2015 for the following reason: The proposal is an amendment that will have minimal impact on land in the scheme area that is not the subject of the amendment.

0/0

Cr Godden moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DECISION CR GODDEN, CR EARL OM2017/265 That the Item be deferred pending a briefing.

CARRIED 7/0 REASON Cr Godden spoke to the motion stating that Council was not sufficiently informed enough to make a decision. Cr McLeod re-entered Chambers at 6.47pm


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11.2.2 REVIEW OF MOBILE FOOD BUSINESS POLICY LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ECD/22 REPORT AUTHOR Emma Rogers, Governance and Permit Officer AUTHORISING OFFICER Ian McLeod, Coordinator Legal Services

IN BRIEF • Interest in mobile food businesses in the Shire has grown rapidly in recent times. • In June 2016, Council adopted a policy on Mobile Food Businesses (Policy). • A 12-month mobile food business trial has taken place following the adoption of the Policy, following

which Council resolved to review the Policy, and make any improvements or modifications prior to the awarding of the mobile food business permits through expression of interest process.

• A draft Mobile Food Business Policy (Draft Policy) was adopted by Council on 13 September 2017 for the purposes of advertising.

• The Draft Policy was advertised for 21 days, one submission was received and considered. • The purpose of this report is to consider submissions received in response to advertising and

changes made to the Draft Policy since it was adopted for advertising and present a Final Policy for Council to consider for adoption.

RECOMMENDATION That Council adopts the revised Local Planning Policy No. 13 – Mobile Food Businesses, contained in the Attachment 1. LOCATION Various locations within the Shire of Augusta Margaret River – see Schedule within policy. TABLED ITEMS Nil BACKGROUND On 22 June 2016, Council adopted the Mobile Food Business Policy (Policy). The Policy provides guidance and decision-making criteria for the location and operation of mobile food businesses across the Shire. It aims to encourage and support mobile food businesses, and enhance community experience in key public places and recreational reserves across the Shire. Following the adoption of the Policy, an expression of interest was advertised and permits were awarded to mobile food businesses operating from five nominated locations identified in the policy, for a maximum 1-year term through 2016/17. A number of other permit applications were determined under delegation throughout 2016/17. A 12-month mobile food business trial has taken place since the adoption of the Policy. Officers have conducted a review of the Policy to identify improvements or modifications required prior to the awarding of the next mobile food business permits through expression of interest process. Review and Draft Policy In July 2017, a review of the Policy was conducted in order to make improvement or modifications to the Policy prior to the awarding of mobile food business permits through the expression of interest process for the 2017/2018 year.


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The majority of the changes that were made to the Policy related to compliance with the National Competition Policy (NCP), which all local governments in Australia are required to comply with. The National Competition Policy prevents the Shire from determining applications based on criteria such as competition with nearby businesses selling similar goods. Several amendments have been have been made in the Draft Policy to remove criteria that restrict competition. The policy, instead, focusses on the following considerations for determining locations of mobile food:

• The mobile food business must enhance the experience of the public place or recreational reserve and is relevant to the purpose and values of the reserve/public place;

• Adequate parking spaces are available for the mobile food business and public users of the reserve/public; and

• Location of a mobile food vehicle will not pose a traffic or pedestrian danger impediment or danger to the safety of the general public.

An amendment was also made to remove the Margaret River Skate Park as a mobile food business location while the skate park was under construction. A Draft Policy was presented to Council on 13 September 2017. Council adopted the Draft Mobile Food Business Policy on 13 September 2017 for the purposes of advertising. All the significant amendments to the Policy, together with comments explaining the basis for each amendment, are set out in detail in the 13 September 2017 report to Council. Advertising has now been completed and the purpose of this report to Council is to consider the submission received in response to advertising and consider any changes made to the Draft Policy since it was adopted by Council for advertising. Any significant changes that are made after advertising, that are not made in response to submissions will require further advertising. CONSULTATION AND ADVICE External Consultation The Draft Local Planning Policy 13 was advertised for a 21 day period. One submission was received, a summary of the comments are provided below:

Do you support the draft Mobile Food Business Policy? (yes/no)

Comments

Yes Overall, a well-considered policy. Suggestions include allowing 2 permit holders to operate from the same location, provided they complement each other and there is enough space. Flinders Bay is big enough for 2 operators. Also, when assessing applications, give consideration/preference to a mobile business that resides in the area of the location. Lastly, the permits should be shared out to different operators.

Officer comments on public submission In response to the submission that two permit holders should be allowed to operate from the same location, the Draft Policy allows for a maximum of one mobile food business to operate at a location at any one time. However, locations may be shared amongst operators. For example, a coffee van may be granted a permit to operate in the mornings and a fish and chips mobile food business granted to operate at the same location in the afternoons and evenings. During the peak summer periods, most of the carparks at the nominated locations reach full capacity, and restricting the number of permits to one mobile food business per location allows adequate parking spaces for the public, and users of other commercial or educational activities such as surf schools, VAC Swim etc. also permitted in these locations. However, in the off peak seasons, locations such as the Flinders Bay carpark could allow for two mobile food businesses to operate, and still have adequate parking for the public. Therefore it is recommended that the following amendment be made clause 6.1.1(4) and 6.1.2(3) of the Draft Policy:


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Generally, aA maximum of one permit shall be granted to operate at an approved location at any one time……

This amendment allows the Shire some discretion in determining the maximum number of permits issued per location. In response to the submission that a preference be given to mobile food businesses that reside in the area, Part 4A Local Government (Functions and General) Regulation 1996 provides for a regional price preference to a tender submitted by a local business providing quotes for goods or services supplied to the Shire (i.e. where the Shire is the purchaser). This regional price preference provides a limited exemption to the National Competition Policy. However this exemption does not apply in this instance where the Expression of Interest is for mobile food businesses providing a service to the public and not the Shire. Internal Consultation Coordinator Environmental Health Manager Planning and Development Manager Asset Services DISCUSSION / OFFICER COMMENTS Council adopted the Draft Mobile Food Business Policy for the purpose of advertising on 13 September 2017. One public submission was received over the 21-day advertising period, in support of the policy. The comments made in the submission have been considered, and it is recommended that clause 6.1.1(4) and 6.1.2(3) be amended to include the word “generally”, which would allow the Shire some discretion in determining the maximum number of permits issued at any one location. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS A trading permit is required under the Shire of Augusta Margaret River Activities in Thoroughfares and Public Places and Trading Local Law 2010 and Shire of Augusta Margaret River Local Government Property Local Law 2013 for selling goods or services in public places or on Local Government Property. General standard permit conditions are set in accordance with the Local Laws. The awarding of permits through the expression of interest process, and applications received throughout the year are determined by the Director of Sustainable Development or Coordinator of Legal Services under delegation, pursuant to section 5.42 and 5.44 Local Government Act 1995. The local laws are made under the provisions of Part 5 of the Local Government Act 1995. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2017-2021 Key Result Area 4: Vibrant and diverse economy Community Outcome 4.4: Sustainable economic development Strategic Response: Foster sustainable economic growth which provides local employment PLANNING FRAMEWORK These commercial uses would generally require planning approval under LPS1. As an itinerant use that otherwise requires a local law permit, there is no purpose in duplication of approval requirements. The recommended policy subsequently proposes to use Council’s discretion to exempt these uses from the need to obtain approval. This is on the basis of the inherently ‘temporary’ nature of these activities. FINANCIAL IMPLICATIONS The mobile food business fees have been adopted in the Shire’s Schedule of Fees and Charges for 2017/18. SUSTAINABILITY IMPLICATIONS Environmental Ensuring operational conditions are in place which manage waste produced from the presence of mobile food businesses.


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Social The presence of mobile food businesses in approved locations aims to enhance community experience in key public places and recreational reserves across the Shire. Economic The policy aims to support the growth of local mobile food businesses. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council adopts the revised Local Planning Policy No. 13 – Mobile Food Businesses, contained in the Attachment 1. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Draft Mobile Food Business Policy RECOMMENDATION CR SMART, CR LANE That Council adopts the revised Local Planning Policy No. 13 – Mobile Food Businesses, contained in the Attachment 1.

0/0 Cr Godden moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DECISION CR GODDEN, CR MELDRUM OM2017/266 That the item be deferred pending investigation into whether the nutritional value and affordability of the food could be included in the policy.

LOST 2/5 CRS TOWNSHEND, LANE, MCLEOD, SMART AND EARL VOTED AGAINST

REASON To further investigate the possibility of including the within the policy, the affordability and nutritional value of the food to be sold. As the procedural motion was lost, the primary motion was put to vote: PRIMARY MOTION / COUNCIL DECISION CR SMART, CR LANE OM2017/267 That Council adopts the revised Local Planning Policy No. 13 – Mobile Food Businesses, contained in the Attachment 1.

CARRIED 7/0

The Manager of Planning and Development left Chambers at 6.55pm


49

11.3. Infrastructure Services


50

11.3.1 CHANGE OF RESERVE PURPOSE - DAVIS ROAD, WITCHCLIFFE LOCATION/ADDRESS Davis Road, Witchcliffe APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE RES/43808 REPORT AUTHOR Rachel Runco, Technical Officer – Assets & Land Administration AUTHORISING OFFICER Markus Botte, Director Infrastructure Services

Cr Godden left Chambers at 6.55pm as she disclosed a financial interest at Item 3.2. IN BRIEF • Reserve 43808 is a C-class reserve currently vested with the Shire of Augusta Margaret River for

the purpose of “Waste Disposal, Communications Site & Gravel”. It also has the additional allowed landuse of Sewerage Treatment. The Shire currently has licence to lease for a maximum period of 21 years. Currently there are no leases in place for any portion of the reserve.

• In keeping with current terminology as defined in the Waste Avoidance and Resource Recovery

Act 1997 (WARRA) the Shire would like to change the purpose of the reserve to “Gravel and Waste Management Facility” with a licence to lease for a maximum period of 42 years.

RECOMMENDATION That Council: 1. Supports the change of Reserve 43808 Purpose to “Gravel and Waste Management Facility”; and 2. Supports the variation to condition iv) of the Management order in favour to the Shire of Augusta

Margaret River with the power to lease and to licence for any term not exceeding 42 years, from the date of the lease subject to the approval in writing of the Minister for Lands being first obtained to each and every lease or assignment of lease, pursuant also to the provisions of section 18 of the Land Administration Act 1997.

LOCATION PLAN


51

TABLED ITEMS Nil BACKGROUND The Davis Road Waste Management Facility located on Reserve 43808 commenced operations on 12 August 1996. In 1997 under the Environmental Protection Act 1986, landfill sites that had previously been approved by the Public Health Department were required to apply for a licence to operate. The Davis Road Putrescible Landfill Site was first licenced in 1997 under category 64 of the Environmental Protection Regulations 1987 (EP Regs) with a capacity of up to 20,000 tonnes per year. Reserve 43808 is a C-class reserve, which had a vesting order for the purpose of “Waste Disposal and Communications”, registered against it on 21 May 1999. Under s.31 of the Land Act 1933 (LA) the classification of reserves was defined; (1) (a) Whenever the Governor has reserved or may hereafter reserve to Her Majesty any lands of

the Crown for any public purpose, the Governor may, by proclamation, and subject to such conditions as may be expressed therein, classify such lands as of Class A, and if so classified, such lands shall forever remain dedicated to the purpose declared in such proclamation, until by an Act of Parliament in which such lands are specified it is otherwise enacted.

(2) Whenever the Governor has reserved or may hereafter reserve to Her Majesty any lands of the

Crown and such lands are not classified as of Class A, the Governor may, by proclamation, at any time he thinks fit, classify such lands as of Class B, and if so classified, such lands shall remain reserved from alienation or from being otherwise dealt with unless and until the Governor, by proclamation, cancels such reservation.

(3) All other reserves made under this Part shall be classified as of Class C. The LA was superseded with the Lands Administration Act 1997 (LAA). Under the LAA Class A reserves have the highest level of protection and any variation to them requires approval from both levels of parliament. There is no provision in the LAA to create new Class B reserves but they continue to be dealt with as normal reserves provided if the reservation is cancelled a special report is made to both houses of Parliament within 14 days from the cancellation. There is no longer reference to C class reserves under the LAA, instead the Minister of Lands has general powers to deal with reserves which are not class A or B. Vesting Orders under the LA automatically became Management Orders under the LAA. On the 27 May 2011, after gravel resources were identified at the site, the purpose of the reserve was changed to “Waste disposal, Communications site and gravel”. At the same time a management order was imposed on the site, subject to the following conditions: i) To be used for the designated purpose of “Waste Disposal, Gravel and Communication Sites” ii) The Shire of Augusta-Margaret River to prepare a Management Plan for the Rehabilitation of the

site once the Gravel has been exhausted. iii) The Shire of Augusta – Margaret River to be aware the site has been classified as a known or

suspected contaminated site under the Contaminated Sites Act 2003 iv) Power to lease (or sub-lease or license) for the designated purpose is granted for the whole or

any portion thereof for any term not exceeding twenty one (21) years from the date of the lease subject to the approval in writing of the Minister for Lands being first obtained to each and every lease or assignment of lease, pursuant also to the provisions of section 18 of the Land Administration Act 1997.

The Western Australian Waste Authority (WAWA) is a State Government statutory body that was established in 2007 under WARRA. In July 2008, WAWA implemented the Waste Avoidance and Resource Recovery Levy. This levy applies to waste received at metropolitan landfills and metropolitan waste received at landfills outside the metropolitan area. The purpose of the levy is for WAWA to support initiatives to manage, reduce, re-use and recycle waste.


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The Western Australian Waste Strategy 2012 (WAWS) published by the Waste Authority in accordance with Division 1. Part 4 of WARRA, provides strategic and policy advice and funding opportunities in an aim to reduce the proportion of waste destined for landfill and increasing the portion of material recovered from the waste stream. It lists five strategic objectives to implement to meet these goals; 1. Initiate and maintain long-term planning for waste and recycling processing, and ensure access

to suitably located land with buffers sufficient to cater for the State’s waste management needs. 2. Enhance regulatory services to ensure consistent performance is achieved at landfills, transfer

stations and processing facilities. 3. Develop best practice guidelines, measures and reporting frame works and promote their

adoption. 4. Use existing economic instruments to assist the financial viability of actions that divert waste from

landfill and recover it as a resource. 5. Communicate messages for behaviour change and promote its adoption, and acknowledge the

success of individuals and organisations that act in accord with the aims and principles in the Strategy and assist in its implementation.

At the Ordinary Meeting held on 25 June 2014, Council endorsed the Capes Region Strategic Waste Management Plan (CRSWMP) to guide regional waste management infrastructure and services for the period 2016-2020. The document lists the regional priorities and relates them to the strategic objectives as listed in the WAWS. Aligning Regional Waste priorities with the objectives of the WAWS allows the opportunity to apply for funded programs under the WARRA. DISCUSSION In December 2016, Council gave approval to purchase a landfill compactor. This has extended the landfill life by approximately two years. The current estimated life of the landfill site is five years until 2022. It is anticipated that the facility will continue to operate as a waste recycling facility and transfer station post landfill closure. The proposed change of purpose to the management order for Reserve 43808 from “Waste Disposal” to “Waste Management facility” will allow for the Davis Road facility to transition as the landfill capacity decreases to a multi-functional Recycling and Waste Transfer Station as listed in Section 10.4 of the SWMP. Conditions which The Minister for Lands will impose on the new management order are: i) To be used for the designated purpose “Gravel and Waste Management Facility” ii) The Shire of Augusta-Margaret River to prepare a Management Plan for the Rehabilitation of the

site once the Gravel has been exhausted. iii) The Shire of Augusta – Margaret River to be aware the site has been classified as a known or

suspected contaminated site under the Contaminated Sites Act 2003 iv) Power to lease (or sub-lease or license) for the designated purpose is granted for the whole or

any portion thereof for any term not exceeding forty two (42) years from the date of the lease subject to the approval in writing of the Minister for Lands being first obtained to each and every lease or assignment of lease, pursuant also to the provisions of section 18 of the Land Administration Act 1997.

The previous management order included “Communications” in the reserve purpose. The Department of Planning Lands and Heritage’s (DPLH) current policy is that when there is an interest of installing communications on a reserve, the portion of land required to house the communications infrastructure is to be excised from the original reserve with the excised portion of the reserve being vested with the purpose of “Communications”. Lease of this reserve would be directly to the communications supplier from DPLH rather than through the Shire. Typically DPLH will support a request to excise a portion of a reserve for the purpose of communications as it is of benefit to the wider community, but such a request would be assessed on a case by case basis. Because of this change in policy, incorporating “communications” in the reserve purpose on the new management order is no longer required. The Shire has no such request at this current time. Officer recommends supporting this proposal because: a. Updating the purpose of the Reserve from “Waste Disposal” to “Waste Management Facility” will

allow the Shire to implement resource recovery as it transitions shift from landfill disposal to


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recycling and processing of waste from a landfill framework – Strategic objective 4 of WAWS - Attachment 2.

b. Increasing the power to lease and to licence from a maximum period of 21 years to any term not exceeding 42 years will allow the Shire to meet Strategic Objective 1 of the WAWS 2012 -Initiate and maintain long-term planning for waste and recycling processing.

CONSULTATION AND ADVICE External Consultation Department of Planning, Lands and Heritage – supports the proposal. Internal Consultation Infrastructure Services – supports the proposal. Waste Services – supports the proposal.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Management of Reserves and registered Management orders fall under sections 41, 46, 50 and 51 of the (LAA). Under Section 41 of the LAA the Minister of Lands may order reserve crown land for one or more purposes in the public interest. Section 46 of the LAA allows the Minister, with the consent of the management body of a reserve and the holders of any interests within the reserve and of the holders of any interests within the reserve, by order vary any condition to which the care, control and management of the reserve is subject. Management orders may, with the consent of the management lessee vary the terms of a management lease (LAA s.50(5)). STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 1.3: Sustainable waste management Community Outcome 1.3.1: Reduce the environmental impact of waste and maximise conservation of natural resources PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Sustainable waste management through reducing environmental impact of waste and maximising the conservation of natural resources is a strategic goal of the Shire. Changing the purpose of the Management order of Reserve 43808 will support this goal. Social The provision of an effective and long-term solution to waste management is a critical service provided to the community and one of the core functions of local government. The ability to incorporate a range of waste management practices at the one site is a positive step towards achieving this. Economic Whilst the Shire’s sustainable future model for waste services is currently under investigation, whatever form future waste services may take, additional funding will be required. One of the key benefits in amending the purpose of Reserve 43808 to allow additional waste management uses is the increased potential to gain substantial funding from WAWA, both in terms of formative documentation and strategies as well as for the development of infrastructure as to reduce financial impacts on Shire ratepayers. VOTING REQUIREMENTS Simple Majority


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RECOMMENDATION That Council: 1. Supports the change of Reserve 43808 Purpose to “Gravel and Waste Management Facility”; and 2. Supports the variation to condition iv) of the Management order in favour to the Shire of Augusta

Margaret River with the power to lease and to licence for any term not exceeding 42 years, from the date of the lease subject to the approval in writing of the Minister for Lands being first obtained to each and every lease or assignment of lease, pursuant also to the provisions of section 18 of the Land Administration Act 1997.

ADVICE TO APPLICANT / PROPONENT As per Council Resolution ATTACHMENTS 1. Reserve 43808 Current Management Order 2. Western Australia Waste Strategy RECOMMENDATION / COUNCIL DECISION CR EARL, CR SMART OM2017/268 That Council: 1. Supports the change of Reserve 43808 Purpose to “Gravel and Waste Management Facility”;

and 2. Supports the variation to condition iv) of the Management order in favour to the Shire of

Augusta Margaret River with the power to lease and to licence for any term not exceeding 42 years, from the date of the lease subject to the approval in writing of the Minister for Lands being first obtained to each and every lease or assignment of lease, pursuant also to the provisions of section 18 of the Land Administration Act 1997.

CARRIED 6/0

Cr Godden re-entered Chambers at 6.58pm


55

11.4. Corporate And Community

Services


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11.4.1 SPORTS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES 4 OCTOBER 2017 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 4 October 2017, the Sports and Recreation Advisory Committee (SRAC) held its bi-monthly

meeting. • The positive influence that sporting groups have to assist with depression and suicide prevention

was discussed. • Cowaramup BMX Club advised the committee of their plans for track upgrades the club would like

to undertake. • Delegates provided updates on their clubs. RECOMMENDATION That Council receives the unconfirmed minutes of the Sport and Recreation Advisory Committee meeting held 4 October 2017. 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 Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Suicide Prevention Shire officer Stacey Hutt, Community and Corporate Planner has been working with Colin Fox, President of the Margaret River Hockey Club and founder of Suicide Prevention Margaret River for the past couple of months. Colin is raising awareness of mental health and suicide prevention through sporting groups and has commenced the roll out of a Mental Health Plan within clubs. The plan centres on a mentor type arrangement where coaches and older members of the club buddy up with younger members to monitor and combat depression and anxiety issues. The power that sporting clubs have to support community members going through tough times at a grass roots level that is relevant to the community has been recognised. To formally progress positive action in the community Colin is starting up a local group to address suicide prevention. In addition to


57

the Mental Health Plan, being rolled out within sporting clubs there will be a suicide prevention event held at the Margaret River Recreation Centre on 22 November 2017. Planned upgrades to the Cowaramup BMX track In an effort to revitalise the current facilities and to attract new members to the club, the Cowaramup BMX club have had plans drawn and rough costings completed for proposed upgrades. The upgrades are estimated at $100,000 with a future application to the Department of Local Government, Sport and Cultural Industries, potentially providing the club with one third of the funding. The club are hoping to source donations of materials from some of the large-scale projects around town in addition to other in-kind donations and club fund raising. As the project is planned in further detail, the club may look at applying for an interest free loan from the Shire. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2017-21 Key Result Area 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 4 October 2017. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Unconfirmed Sports and Recreation Advisory Committee meeting minutes and attachments – 4

October 2017.


58

RECOMMENDATION / COUNCIL DECISION CR SMART, CR EARL OM2017/269 That Council receives the unconfirmed minutes of the Sport and Recreation Advisory Committee meeting held 4 October 2017.

CARRIED 7/0


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11.4.2 MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING HELD ON 11 OCTOBER 2017 LOCATION/ADDRESS N/A 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 • The Audit and Risk Management Committee meeting of 11 October 2017 considered the Annual

Financial Report, Auditors Report and Management Report for 2016-17. • The Committee also had a teleconference with the Shire’s independent auditor. RECOMMENDATION That Council receives the unconfirmed minutes of the Audit and Risk Management Committee meeting held on 11 October 2017. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Council’s 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:

• Participated in a teleconference with the Shire’s independent auditor Mr Wen-Shien Chai from Moore Stephens

• Received the Annual Financial Report for the year ended 30 June 2017, including the Independent Auditor’s Report and recommended they be adopted by Council

• Received the Auditor’s Management Report for the year ended 30 June 2017 and noted the responses to the matters raised in the Management Report.

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 —


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

(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 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 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 unconfirmed minutes of the Audit and Risk Management Committee meeting held on 11 October 2017. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Minutes of the Audit and Risk Management Committee meeting of 11 October 2017. RECOMMENDATION / COUNCIL DECISION CR SMART, CR LANE OM2017/270 That Council receives the unconfirmed minutes of the Audit and Risk Management Committee meeting held on 11 October 2017.

CARRIED 7/0


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11.4.3 TENDER RFT 04-18 REPLACEMENT OF MARGARET RIVER AQUATIC CENTRE DEHUMIDIFIERS LOCATION/ADDRESS Margaret River Aquatic Centre APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/243 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • A tender was advertised for the replacement of the Margaret River Aquatic Centre Dehumidifiers

in September 2017. • Three compliant responses were received by the tender closing date and have been evaluated by

a panel and a recommendation prepared. RECOMMENDATION That Council accepts that the tender submitted by Burkeair Pty Ltd trading as BSA | Maintain for Tender 04-18 for replacement of the Margaret River Aquatic Centre Dehumidifiers is the most advantageous tender and represents best value for money. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Legislation require tenders be called when purchases are expected to exceed $150,000 (excluding GST) over the duration of the contract term. When the Margaret River Aquatic Centre was commissioned in 1998, two dehumidifier systems provided the exchange of air and controlled air temperatures. These systems have reached the end of their useful life and have been scheduled to be replaced with an allocation of $400,000 included in the 2017-18 budget. CONSULTATION AND ADVICE External Consultation Norman Disney Young have provided specialist technical advice and support related to various aspects of this project including assessing the operation and condition of the current dehumidifiers, preparing the detailed technical specifications and plans for the tender documents and assisting with the evaluation of the tender responses. Internal Consultation Recreation Operations Manager and Margaret River Aquatic Centre staff DISCUSSION / OFFICER COMMENTS An evaluation report of the tender responses has been prepared and a copy is attached as a Confidential Attachment. Tenders were received from the following (listed in alphabetical order):

• Burkeair Pty Ltd trading as BSA | Maintain • Coolair Airconditioning Pty Ltd • Mechanical Project Services Pty Ltd


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Each tender response was evaluated by a three person tender panel who considered and assessed the tenderer’s response to the following qualitative criteria which were also weighted:

• Relevant experience (30% weighting) • Key personnel skills and experience (10%) • Tender’s resources (5%) • Demonstrated understanding (20%) • Local content commitment (5%) • Health, safety and environmental management (10%) • Project program (20%)

Price was also a consideration, but was not weighted, as a best value for money approach was taken. Based on the evaluation, the tenderer who has provided the most advantageous tender and represents best value for money is Burkeair Pty Ltd trading as BSA | Maintain. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 3.57 of the Local Government Act 1995 states that Part 4 of the Local Government (Functions and General) Regulations 1996 prescribe the requirements to be followed when calling tenders. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 2: Welcoming and inclusive communities Community Outcome 5: Active and healthy lifestyles Strategic Response: Provide the community with high standard recreational facilities and sporting grounds Service level strategy/plan: Undertake upgrades to Margaret River Recreation Aquatic Centre including the ongoing maintenance of plant room and upgrading of dehumidifier for 2017-18. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS A $400,000 budget has been allocated in job ACC001 within the Aquatic Centre business unit. The amount of the recommended tender is within this budget allocation. SUSTAINABILITY IMPLICATIONS Environmental As the replacement dehumidifiers are more current, air exchange should be more environmentally friendly Social The Margaret River Aquatic Centre is part of the sporting and recreational hub of the Shire and provides social interraction opportunities for the community. Economic The replacement dehumidifier systems are expected to operate more efficiently and should result in savings being achieved in operating and maintenance costs. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council accepts that the tender submitted by Burkeair Pty Ltd trading as BSA | Maintain for Tender 04-18 for replacement of the Margaret River Aquatic Centre Dehumidifiers is the most advantageous tender and represents best value for money.


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ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Confidential Attachment – Tender 04-18 Evaluation Report. RECOMMENDATION / COUNCIL DECISION CR EARL, CR MELDRUM OM2017/271 That Council accepts that the tender submitted by Burkeair Pty Ltd trading as BSA | Maintain for Tender 04-18 for replacement of the Margaret River Aquatic Centre Dehumidifiers is the most advantageous tender and represents best value for money.

CARRIED 7/0


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11.4.4 OPERATIONAL PLAN 2017-18 QUARTER 1 REPORT LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/130 REPORT AUTHOR Stacey Hutt, Community and Corporate Planner AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • Council adopted the Community Strategic Plan 2033 (reviewed 2015) at the Ordinary Council

Meeting (OM) of 11 February 2015 • Council adopted the Operational Plan (OP) 2017-18 at OM 23 August 2017 • The OP 2017-18 is a sub plan of the Corporate Business Plan and outlines the activities, delivery

of services, projects, infrastructure and other Shire informing strategies to achieve the priorities set by Council

• The OP confirms the Shire's ability to achieve priorities in alignment with the Corporate Plan and the Long Term Financial Plan and addresses the objectives and strategies outlined in the Community Strategic Plan

• The OP allocates responsibility to business units, sets performance measures for evaluating projects, services and delivery of priorities in the short term and is aligned to the Annual Budget, capital works program details and key funding partners

• It is a requirement for the Shire to report quarterly to Council RECOMMENDATION That Council receives the Operational Plan 2017-18 Quarter 1 Report (Attachment 1). LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Under the Local Government (Administration) Regulations 1996 (LGAR), all local governments in Western Australia are required to have developed and adopted two key documents: a Strategic Community Plan (CSP) and a Corporate Plan (CP) which are supported and informed by resourcing and delivery strategies. These plans drive the development of each local government’s annual budget. The Shire’s CSP underwent a major review over 2016-17, with the final plan for 2036 endorsed by Council on 27 September 2017. The CSP 2036 will be implemented through the next CP 2018-22 and OP 2018-19. The current CP 2017-21 and OP 2016-17 is based on the previous CSP 2033. The plan outlines the goals that will be achieved through the strategies and actions that are provided in the CP. The CP integrates the informing strategy which is comprised of the Shire’s Workforce Plan, Asset Management Plan and the Long Term Financial Plan. The CP sets out the projects and services the Shire will deliver over the next four years that work towards achieving the outcomes identified in the CSP. The CP is achieved through the annual OP, which includes information on individual actions and projects programmed to be completed throughout the year (year 1 of the CP) and incorporates the CEO Performance Targets as adopted by Council. The annual OP is reported quarterly to Council.


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The Integrated Planning and Reporting Framework and Guidelines (2016) issued by the Department of Local Government, Sport and Cultural Industries provides guidance in the reporting requirements of local government in relation to the integrated plans. Performance monitoring of the annual OP is required to be undertaken quarterly and reported to Council. This is the first quarter report of the OBP 2017-18 to be received by Council. CONSULTATION AND ADVICE External Consultation No external consultation is required as part of the Quarterly Report review. Internal Consultation Executive Leadership Team Business Unit Managers and Coordinators DISCUSSION / OFFICER COMMENTS In accordance with the LGAR, Council is required to receive quarterly updates on the annual OP 2017-18 and to be cognisant of the resourcing required by the Shire to implement Council’s CSP and CP. The quarterly review provides a description of planned activities for the financial year. Each action indicates the responsible person and provides an opportunity to understand how the projects, activities and services are developing according to key business unit indicators whilst gaining an insight to highlights and challenges encountered on the way. First quarter progress on the OBP 2017-18 as reported in the Quarterly Report indicates:

Of the 323 reportable actions, 91% are on track and have achieved their target. 13 actions are achieving between 40-60% of their target and 17 actions are achieving less than 40% of their target. The 17 actions achieving less than 40% of their target are: ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

5.2.1.4 Undertake desktop review of ICT Strategic Framework

David Mittnacht - Coordinator Information

Management

Not Started

01-Jul-2017

30-Jun-2018

0.00% 25.00%

ACTION PROGRESS COMMENTS: Deferred to occur in quarter three and four of 2017-18.

Last Updated: 23-Oct-2017


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ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

5.3.2.5 Review of Information and Communication Technology Strategic Plan


Management

Not Started

01-Jul-2017

30-Jun-2018

0.00% 25.00%

ACTION PROGRESS COMMENTS: Deferred to occur in quarters three and four.


ACTION RESPONSIBLE PERSON

STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.3.2.6 Undertake hardware maintenance program


Management

Not Started

01-Jul-2017

30-Jun-2021

0.00% 25.00%



ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

5.3.2.9 Implement the organisational document control system


Management

Not Started

01-Jul-2017

30-Jun-2018

0.00% 25.00%



ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

2.2.1.7 Implement the YAC Leeuwin Scholarship Program

Callum Noone - Community

Development Trainee

In Progress

01-Jul-2017

30-Jun-2021

5.00% 25.00%

ACTION PROGRESS COMMENTS: The project scope is being considered through current review of the Strengthening Youth Plan.


ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %


67

3.2.2.5 Develop a master plan for upgrades to the Margaret River Recreation Centre for childcare, recreation infrastructure and maintenance requirements

Dylan Brown - Recreation

Operations Manager

Not Started

01-Jul-2017

30-Jun-2020

0.00% 50.00%

ACTION PROGRESS COMMENTS: Recreation Operations Manager currently completing a scope of works for an external report on future developments in Sport and Recreation. This will include concept plans to develop the Recreation Centre for the next 20 years. Last Updated: 25-Oct-2017

ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

3.2.2.9 Progressive implementation of the recommendations of the Augusta Interpretation Plan (subject to funding)

David Nicholson - Manager Asset

Services

In Progress

01-Jul-2017

30-Jun-2021

5.00% 25.00%

ACTION PROGRESS COMMENTS: Revised plans for shelter being revised to meet universal access requirements.


ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

3.4.2.5 Progressive extension of the Wadandi Track (subject to funding)


Services

In Progress

01-Jul-2017

30-Jun-2021

5.00% 25.00%

ACTION PROGRESS COMMENTS: Grant application submitted to Lotterywest seeking 50% contribution for funding of extension from Calgardup Road to Sebbes Road. Awaiting outcome. Last Updated: 20-Oct-2017

ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

5.2.3.1 Conduct investigations into townsite areas and light industrial areas


Services

In Progress

01-Jul-2017

30-Jun-2021

1.00% 25.00%


68

with inadequate stormwater drainage ACTION PROGRESS COMMENTS: Areas to be investigated are under review.


ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

5.5.1.7 Review customer service standards for Infrastructure Services directorate

David Nicholson - Acting Director Infrastructure

Services

Not Started

01-Jul-2017

30-Jun-2021

0.00% 100.00%

ACTION PROGRESS COMMENTS: This action has been deferred to quarter two due to resources.



STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.6.2.6 Review and update procedures for Infrastructure Services directorate

David Nicholson - Acting Director Infrastructure

Services

Not Started

01-Jul-2017

30-Jun-2021

0.00% 25.00%

ACTION PROGRESS COMMENTS: This action has been deferred to quarter two due to resources.


ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

2.5.2.4 Construct Gloucester Park Lower Western Field including earthworks, drainage, turf, irrigation, lighting and carpark.

Peter Brown - Manager Works

In Progress

01-Jul-2017

30-Jun-2018

5.00% 50.00%

ACTION PROGRESS COMMENTS: Delays due to environmental clearances.



69


STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 3.2.2.7 Design ancillary carpark at Margaret River Youth Precinct

Chris Yates - Coordinator

Technical Services, Survey and Design

In Progress

01-Jul-2017

30-Jun-2018

30.00% 100.00%

ACTION PROGRESS COMMENTS: Works will be completed after the Margaret River Youth Precinct has been completed.

Last Updated: 01-Sep-2017


STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 3.2.2.11 Design Wallcliffe Road verge landscaping along frontage of Margaret River Youth Precinct

Chris Yates - Coordinator

Technical Services, Survey and Design

Not Started

01-Jul-2017

30-Jun-2018

25.00% 100.00%

ACTION PROGRESS COMMENTS: Concept plan has been completed.



STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 3.4.1.5 Work with Main Roads Western Australia to facilitate completion access road to Margaret River Airport


Not Started

01-Jul-2017

30-Jun-2018

10.00% 40.00%

ACTION PROGRESS COMMENTS: Main Roads Western Australia progressing work as part of Perimeter Road.


ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

1.3.2.2 Implement Strategic Waste Management Plan

Ruth Levett - Manager Waste, Health & Ranger

Services

Not Started

01-Jul-2017

30-Jun-2021

0.00% 25.00%

ACTION PROGRESS COMMENTS: Awaiting finalisation of the Strategic Waste Management Plan. Deferred pending Feasibility Study and master plan development. Last Updated: 25-Oct-2017


70

ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

1.2.3.1 Host Educational workshops.

Nick Logan - Manager Planning And Development

Services

In Progress

01-Jul-2017

30-Jun-2021

5.00% 25.00%

ACTION PROGRESS COMMENTS: Community education options are to be discussed with the next meeting of the Sustainability Advisory Committee.


Completed actions over quarter one include: ACTION RESPONSIBLE

PERSON STATUS START

DATE END

DATE COMPLETE

% TARGET ON

TARGET %

5.2.5.8 Preparation of annual budget

Andrew Ross - Manager Corporate

Services

Completed 01-Jul-2017

30-Jun-2021

100.00% 100.00%

ACTION PROGRESS COMMENTS: Annual Budget for 2017-18 prepared and adopted by Council at their meeting on 26 July 2017.



STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.2.5.9 Preparation of annual financial report


Services


30-Jun-2021

100.00% 100.00%

ACTION PROGRESS COMMENTS: Annual Financial Report (AFR) prepared and provided to the Auditors on 21 August 2017. The audit was conducted from 23 to 25 August 2017. Following audit adjustments to the AFR, an unqualified Audit Opinion was received on 27 September 2017. Copy of AFR including the Auditor's Report was forwarded to the Department of Local Government, Sport and Cultural Industries on 3 October 2017. Last Updated: 24-Oct-2017


STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.2.5.3 Bill property rates


Services


30-Jun-2021

100.00% 100.00%

ACTION PROGRESS COMMENTS: Property rates billed in July 2017 and mailed in early August 2017 with an issue date of 7 August 2017.



STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

%


71

2.1.1.2 Manage the Community Development Fund

Susan Elton - Community

Development Officer


30-Jun-2021

100.00% 50.00%

ACTION PROGRESS COMMENTS: Sixteen local community, volunteer and service-based organisations applied for $10,000 worth of funding from the 2017-18 Community Development Grant. Successful recipients include; Margaret River Camera Club, Augusta Community Development Association, Australian Breastfeeding Association, Margaret River Community Garden, Margaret River Uniting Church, Artzability Inc., Wallcliffe Bushfire Brigade, Bapistcare - Mirrambeena Margaret River, Augusta Community Resource Centre Inc. and the Augusta Playgroup. All applicants have been notified, with moneys being deposited to successful applicants in the near future. Last Updated: 19-Oct-2017


STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.2.1.1 Develop Annual Operational Plans linked to Corporate Plan and Annual Budget

Stacey Hutt - Corporate &

Community Planner


30-Jun-2021

100.00% 0.00%

ACTION PROGRESS COMMENTS: The Operational Plan 2017-18 was endorsed by Council on 23 August 2017.



STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.2.1.8 Undertake a desktop review of the Corporate Plan


Community Planner


30-Jun-2021

100.00% 15.00%

ACTION PROGRESS COMMENTS: A desktop review was conducted in June 2017 and presented to Council on 12 July 2017. Councillors held a workshop to discuss the draft plan on 26 July 2017 and endorsed the plan on 23 August 2017. Last Updated: 17-Oct-2017


STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.2.1.10 Finalise full review of Community Strategic Plan and Community Vision for 2036 for Council adoption


Community Planner


30-Jun-2018

100.00% 100.00%

ACTION PROGRESS COMMENTS: Your Vision 2036 was completed in September 2017 with Council endorsing the final Community Strategic Plan 2036 on 27 September 2017. The quarter included the final session of the Community Reference Group on 21


72

July 2017 which was joined by Councillors. Councillors attended a workshop on the draft plan on 9 August 2017, and the Strategic Performance Improvement Working Group met on 3 August and 14 September 2017 to finalise the plan. The project was also featured at the Summit Series Western Australia Conference on 13 and 14 July 2017. Last Updated: 17-Oct-2017


STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.2.4.3 Implement annual light fleet replacement program



30-Jun-2021

100.00% 25.00%

ACTION PROGRESS COMMENTS: The 2017-18 programme has been completed.



STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 5.1.1.1 Host information presentation and advertising campaign for potential Councillors aimed at attracting a competitive field of high quality candidates

Gary Evershed - CEO


30-Jun-2020

100.00% 100.00%

ACTION PROGRESS COMMENTS: Preparation for elections conducted on schedule, with an information session held in September 2017.



STATUS START DATE

END DATE

COMPLETE %

TARGET ON TARGET

% 2.6.1.1 Implement Fuel Hazard Reduction and Firebreak Notice, including program improvements from contractor, community, BFAC and SAC feedback

Michael O'Regan - Coordinator Ranger

Services


30-Jun-2021

100.00% 25.00%

ACTION PROGRESS COMMENTS: Firebreak notice has been reviewed and updated in line with consultation. Endorsed by council and was sent to all listed ratepayers in the week of 13 October 2016.


73


Below is a brief road map on reading the quarter report:

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 5.56 (1) Local Government Act 1995 requires local governments to have in place a plan for the future. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key result area 5: Effective leadership and governance Community Outcome 6: Measure and report on success and sustainability Strategic Response 1: Effectively measure our success and progress to a sustainable future PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The actions and projects which are detailed in the OP 2017-18 and the Quarter 1 Report are aligned with the Annual Budget 2017-18 and the Long Term Financial Plan. 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 Simple Majority RECOMMENDATION That Council receives the Operational Plan 2017-18 Quarter 1 Report (Attachment 1). ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Operational Plan 2017-18 Quarter 1 Report

Indicates the percentage of work complete for 2016-17

Position responsible for completing the action

Unique numbering of actions as listed in the OBP 2016-17

Progress comments are relevant to this quarter only


74

RECOMMENDATION / COUNCIL DECISION CR EARL, CR GODDEN OM2017/272 That Council receives the Operational Plan 2017-18 Quarter 1 Report (Attachment 1).

CARRIED 7/0


75

11.4.5 LIST OF PAYMENTS FOR SEPTEMBER 2017 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/42 REPORT AUTHOR Anja Gerganoff, Accounts Payable Officer AUTHORISING OFFICER Annie Riordan, Director Corporate Community Services

Director Corporate and Community Services discloses interest in the credit card expenses which is certified by the Chief Executive Officer. IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared. RECOMMENDATION That Council notes the September 2017 List of Payments for $9,483,232.93 as certified correct by the Chief Executive Officer. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2016-17 and 2017-18 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

In order to improve operational efficiency and reduce costs, the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


76

TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH

MODE OF PAYMENT CHEQUE / EFT NUMBERS SUB-TOTAL AMOUNT

Cheques (includes reimbursement of credit cards) 42219-42228 $22,462.49 $22,462.49

EFT 60863-61268 $8,534,184.20 Direct Debits $926,586.24 $9,460,770.44

TOTAL $9,483,232.93

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS MONTH CHEQUES EFT TOTAL PMTS CUMULATIVE CHEQUES EFT TOTAL PMTS CUMULATIVE

2016-17 2016-17 2016-17 PAYMENTS 2017-18 2017-18 2017-18 PAYMENTS

JULY 26,818.42 3,666,885.36 3,693,703.78 3,693,703.78 11,911.90 4,058,767.09 4,070,678.99 4,070,678.99 AUGUST 23,160.39 3,700,179.99 3,723,340.38 7,417,044.16 12,189.23 3,345,515.25 3,357,704.48 7,428,383.47

SEPTEMBER 19,330.43 8,310,023.78 8,329,354.21 15,746,398.37 22,462.49 9,460,770.44 9,483,232.93 16,911,616.40 OCTOBER 17,878.48 5,011,969.93 5,029,848.41 20,776,246.78

NOVEMBER 11,582.39 2,527,108.13 2,538,690.52 23,314,937.30 DECEMBER 28,503.44 2,694,198.73 2,722,702.17 26,037,639.47 JANUARY 19,943.84 2,512,461.38 2,532,405.22 28,570,044.69

FEBRUARY 7,590.17 2,504,279.74 2,511,869.91 31,081,914.60 MARCH 13,729.92 2,804,922.72 2,818,652.64 33,900,567.24 APRIL 25,312.62 4,964,872.34 4,990,184.96 38,890,752.20 MAY 14,188.22 3,048,755.54 3,062,943.76 41,953,695.96 JUNE 100,397.03 4,009,569.24 4,109,966.27 46,063,662.23

308,435.35 45,755,226.88 46,063,662.23


77

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2016-2020 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Continue to monitor and analyse monthly, year to date and annual financial performance. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the September 2017 List of Payments for $9,483,232.93 as certified correct by the Chief Executive Officer. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for September 2017 RECOMMENDATION / COUNCIL DECISION CR SMART, CR EARL OM2017/273 That Council notes the September 2017 List of Payments for $9,483,232.93 as certified correct by the Chief Executive Officer.

CARRIED 7/0


78

11.4.6 FINANCIAL ACTIVITY STATEMENT REPORT - SEPTEMBER 2017 LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/14 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • The monthly financial activity statement report is a standard financial reporting item prepared in

accordance with the provisions of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

• Council is to consider the financial results for the period ending 30 September 2017. RECOMMENDATION That Council receives the Monthly Financial Report – September 2017 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In accordance with Financial Management Regulation 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation (1) (d), for that month with the following details:

(a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates.

Also under Financial Management Regulation 34(5) Council are to adopt each year a material variance threshold. At the Ordinary Meeting of Council on 26 July 2017 (OM2017/190) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Business unit managers were provided the draft monthly financial reports for their business units and have provided their comments on variances greater than 10% and $10,000. DISCUSSION / OFFICER COMMENTS The commentary contained in the body of this report is in line with Financial Management Regulation (2) (b) that requires commentary on material variances to the Statement of Financial Activity at the nature/type, program or business unit level.


79

The Statement of Financial Activity shows a year to date actual closing position at 30 September of $22.804 million ($1.632 million lower than last month). This result was higher than the expected year to date budgeted position of $20.594 million. This improved result is due to operating revenue exceeding budget, operating expenditure being lower than budget and capital expenditure being lower than budget. The main reasons for the variation to Budget are:

• Operating expenditure on a year to date basis is $1.117 million or 11.4% below budget (last month $0.567 million and 8.6% below budget). Contributing factors are materials and contracts being $0.817 million or 28.8% below budget (last month $0.390 million or 22% under budget) and employee expenses being $0.150 million or 4% under budget (last month $0.076 million or 2.9% under budget).

• Operating revenue is $0.330 million or 1.3% above budget (last month $0.316 million or 1.3% above budget). The main contributors to this favourable result are property rates, interest on investments, building permit income and waste fees and charges.

• Grants for capital works are $0.306 million under budget (last month $0.086 million over budget). The main reasons are grants for bushfire brigade equipment and buildings have not been received as profiled, the Main Roads direct grant was reduced by the State Government, Roads to Recovery grants are to be received and the Pool Revitalisation grant is no longer available.

Capital expenditure of $0.704 million was incurred during the month compared to the budget for the month of $1.223 million. On a year to date basis capital expenditure is $1.113 million under budget (last month $0.602 million under budget). The major causes of this variation are:

• the budget profiled works for the Margaret River Youth Precinct to commence in July and budgeted expenditure of $0.572 million although the design and construction tender was only awarded in late June;

• replacement of Bushfire Brigade buildings and equipment is $0.151 million under budget; • installation of the replacement synthetic bowling greens for the Margaret River Bowling Club is

$0.197 million under budget as installation is to occur in October; • various infrastructure projects are $0.113 million under budget; and • various capital projects for caravan parks are $0.177 million under budget.

Capital expenditure for the month included the following.

• $61,260 for a replacement SES vehicle and $2,414 for works to extend the Gracetown Bushfire Brigade shed.

• $5,023 for internal road works at the Davis Road landfill site. • $73,135 for various community building projects including $68,793 for design and construction

plans for the Cultural Centre redevelopment. • $24,031 on parks and gardens projects. • $62,964 on road related projects of which $27,318 was spent on infrastructure upgrade projects

and $35,647 was spent on infrastructure renewal projects. The Margaret River main street project, depot vehicle shed, Carbunup South Road bridge, reconstruction of Carters Road, Rosa Glen Road and Treeton Road were the main items of expenditure.

• $345,083 to replace plant and vehicles including a multi tyred roller, a solar powered vehicle and 4 utilities.

• $130,484 on works for Turner Caravan Park included $56,653 for the construction of the chalets, $52,487 for the Dekkers amenities block and hot water systems and $21,561 for various infrastructure.

Financial performance against budget is shown in the following charts.


80


81

Following is the Statement of Financial Activity for the year ending 30 September 2017.


82

SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 30 September 2017

BUSINESS UNITS 2016-17 2017-18 2017-18 2017-18 2017-18 YTDLast Year Approved Month of YTD YTD Variance

Actual Budget September Budget Actual >10% & Comments$ $ $ $ $ >$10,000

Net Current Assets at 1 July surplus/(deficit) 2,420,988 4,041,229 0 4,041,229 4,331,506 Includes advance payment of FAGs for 2017-18

Revenue from Operating ActivitiesRates 19,955,664 20,658,008 330,834 20,422,758 20,531,607 0General Financing 2,979,832 1,324,424 75,651 288,399 361,075 72,676 Timing/Perm: Interest on investmentsMembers of Council 0 0 720 0 720 0Chief Executive Officer 4,400 40,000 31,724 0 31,724 31,724 Perm: Grant refund & Wildcats event incomeDirector Corporate & Community 9,559 7,800 595 2,000 8,135 0Director Sustainable Development 83,850 0 0 0 300 0Director Infrastructure 0 0 0 0 0 0Finance 194,757 44,100 1,005 1,000 1,005 0Records 959 0 60 0 90 0Corporate Services 2,211 2,000 0 500 547 0Customer Relations 197,283 223,400 14,414 65,600 44,242 (21,358) Timing: Sale of number platesInformation Comm. Technology 5,955 0 0 0 100 0Human Resources 54,357 20,000 0 0 0 0Community Planning & Development 50,500 25,260 0 2,165 1,467 0Emergency and Fire Services 636,887 377,481 0 125,414 72,174 (53,240) Perm: Position allocated to Busselton by DFESRangers 195,897 212,920 6,903 34,630 23,300 (11,330) Timing: Infringements, fees & chargesLibraries 41,518 36,200 2,506 9,630 9,545 0Health 110,417 110,965 3,056 73,070 70,169 0Outside School Hours Care 325,641 305,500 32,593 66,700 108,939 42,239 Perm: Vacation programWaste Services 4,517,215 4,566,051 81,534 4,040,926 4,141,374 0Town Planning 443,434 368,400 30,115 92,100 86,109 0Community Buildings 45,532 0 212 0 632 0MR Recreation Centre 843,857 849,000 50,937 212,000 178,374 (33,626) Timing/Perm: Fees & chargesCultural Centre 6,879 6,720 860 1,680 3,586 0Augusta Recreation Centre 38,529 42,000 5,622 11,700 10,049 0Gloucester Park 70,324 309,400 2,015 267,550 266,787 0Parks and Gardens 32,133 4,000 0 4,000 4,360 0Asset Services 113,682 134,200 12,760 14,800 76,056 61,256 Timing: Billing of sign feesLandcare 4,800 0 0 0 0 0Maintenance 17,888 0 (1,499) 0 (1,499) 0Plant Program 29,425 13,023 12,268 0 14,086 14,086 Timing: Profit on asset disposalsCaravan Parks 1,962,088 2,133,524 81,157 145,900 153,863 0Building Control 211,865 225,000 20,070 56,250 71,250 15,000 Timing/Perm: ApplicationsWorks Overheads 2,273 0 328 0 328 0Plant Operation Costs 5,336 0 0 0 0 0Other Property and Services 35,415 20,000 2,040 4,000 2,040 0

33,230,360 32,059,376 798,480 25,942,772 26,272,531 329,760Expenditure from Operating Activities

Revenue (340,793) (457,448) (21,034) (84,068) (75,119) 0General Financing (565,047) (580,030) (22,715) (43,388) (41,763) 0Members of Council (298,261) (376,943) (29,943) (114,767) (71,203) 43,564 Timing: Contribution for Cowaramup HallChief Executive Officer (1,011,730) (1,121,359) (52,132) (257,747) (247,141) 0Director Corporate & Community (395,892) (421,998) (42,587) (171,683) (103,021) 68,662 Timing: Release of contributions & project in progressDirector Sustainable Development (619,423) (693,809) (53,574) (191,985) (185,347) 0Director Infrastructure (258,515) (258,678) (5,832) (69,371) (20,691) 48,680 Perm: Director not starting until OctoberFinance (929,327) (997,864) (31,543) (379,399) (351,411) 0Records (180,253) (189,690) (13,084) (51,295) (48,075) 0Corporate Services (245,396) (265,620) (27,504) (56,650) (59,798) 0Customer Relations (504,543) (554,400) (41,545) (153,418) (138,988) 14,430 Timing: Special series registration platesInformation Comm. Technology (985,511) (1,059,755) (117,687) (525,890) (455,773) 70,117 Timing: Equipment leasing & software licencesHuman Resources (601,635) (669,977) (37,578) (185,259) (144,000) 41,259 Timing: OSH initiativesCommunity Planning & Development (566,369) (609,530) (31,724) (160,744) (140,132) 20,612 Timing: Just Home contribution Emergency and Fire Services (2,240,641) (1,057,215) (75,171) (308,567) (274,702) 33,865 Timing: Insurance, depreciation & contract servicesRangers (631,910) (719,968) (43,831) (213,615) (138,811) 74,804 Perm/Timing: Vacant position & contract servicesLibraries (964,305) (929,844) (70,186) (248,955) (225,856) 23,099 Timing: Stock, publications, contract servicesHealth (534,046) (548,649) (36,649) (147,084) (142,817) 0Outside School Hours Care (399,709) (343,658) (30,279) (86,079) (115,888) (29,809) Perm: Vacation program offset by increased incomeWaste Services (2,197,189) (2,911,507) (170,701) (692,068) (506,768) 185,300 Timing: Site reviews, waste collection costsTown Planning (921,495) (1,026,237) (62,969) (291,345) (255,827) 35,518 Timing : ProjectsCommunity Buildings (1,974,011) (1,923,421) (150,474) (475,341) (405,184) 70,157 Timing: Building maintenanceMR Recreation Centre (2,045,931) (2,286,460) (179,111) (609,942) (558,090) 0Cultural Centre (396,680) (410,887) (17,706) (161,347) (175,471) 0Augusta Recreation Centre (100,385) (106,992) (7,921) (24,579) (24,166) 0Gloucester Park (175,539) (213,700) (12,694) (52,650) (41,590) 11,060 Timing: Maintenance, utilities & consultantBeach Lifeguards (100,705) (119,558) (200) (120) (570) 0Parks and Gardens (2,494,734) (2,575,821) (221,120) (621,036) (543,925) 77,111 Timing: Reserves maintenanceAsset Services (918,270) (1,134,401) (67,823) (287,713) (246,421) 41,291 Timing: ProjectsLandcare (303,047) (543,353) (14,894) (63,929) (43,096) 20,833 Timing: ProjectsConstruction 0 0 0 0 0 0Maintenance (8,078,630) (8,235,725) (726,688) (2,097,157) (2,213,521) 0Plant Program (32,329) (105,345) (11,413) 0 (18,119) (18,119) Timing: Loss on asset disposalsCaravan Parks (1,170,516) (1,455,342) (83,381) (332,483) (234,857) 97,626 Timing: Seasonal labour costsBuilding Control (165,672) (172,919) (13,273) (46,299) (44,035) 0Works Overheads (156,333) (54,061) (106,124) (312,165) (315,359) 0Plant Operation Costs 126,491 300,498 22,611 (179,075) (35,708) 143,367 Timing: Under recovery Other Property and Services (196,023) (104,000) 716 (64,500) (1,533) 62,967 Timing/Perm: Land sale did not proceed

(33,574,306) (34,935,666) (2,607,763) (9,761,712) (8,644,775) 1,116,937


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 30 September 2017

BUSINESS UNITS 2016-17 2017-18 2017-18 2017-18 2017-18 YTDLast Year Approved Month of YTD YTD Variance

Actual Budget September Budget Actual >10% &$ $ $ $ $ >$10,000

Operating activities excluded from BudgetDepreciation on assets 8,805,609 9,046,640 744,761 2,274,160 2,281,566 0(Profit)/Loss Asset Disposal 1,442,741 151,322 (2,845) 59,000 (4,663) (63,663) Timing: Disposal of plant, vehicles and landMovement in deferred pensioner rates 17,378 0 0 0 0 0Movement in employee benefit provisions (non-current) (81,159) 0 0 0 0 0Loss on revaluation of non current assets 0 0 0 0 0 0

10,184,569 9,197,962 741,915 2,333,160 2,276,903 (56,257)

Amount attributable to operating activities 12,261,612 10,362,900 (1,067,367) 22,555,449 24,236,165

INVESTING ACTIVITIESNon Operating Grants & Contributions

Community Planning & Development 0 2,217,333 0 0 0 0Emergency and Fire Services 412,301 847,237 61,260 235,750 61,260 (174,491) Timing: BFB equipment & building grantsTown Planning 415,788 150,000 13,943 0 88,038 88,038 Timing: DCP contributions earlier than expectedCommunity Buildings 500,000 3,200,000 0 0 0 0MR Recreation Centre 32,000 32,000 0 32,000 0 (32,000) Perm: Pool revitalisation grant not availableGloucester Park 13,030 0 13,030 13,030 0Parks and Gardens 3,371 332,207 0 0 0 0Asset Services 29,091 50,000 0 0 0 0Construction 8,426,604 2,803,819 0 433,277 245,672 (187,605) Perm/Timing: Direct grant reduced/others in progress

9,819,155 9,645,626 75,202 714,057 407,999 (306,058)Capital Investment

Purchase Land Held for Resale (1,000) 0 0 0 0 0Purchase Land and Buildings (1,155,459) (8,432,887) (245,731) (979,044) (704,660) 274,384 Timing: Fearne Ave toilet project to commencePurchase Infrastructure Assets - Other (929,740) (7,033,083) (50,615) (1,282,755) (200,053) 1,082,702 Timing: MRYP project, bowling greensPurchase Infrastructure Assets - Roads (10,389,255) (6,504,200) (62,964) (361,922) (248,530) 113,392 Timing: Road, path, kerb & drainage projectsPurchase Plant and Equipment (1,643,277) (3,346,368) (345,083) (200,600) (573,959) (373,359) Timing: Plant & Vehicle purchases earlierPurchase Furniture and Equipment (52,684) (163,000) 0 (30,000) (13,695) 16,305 Perm/Timing: Shelter for Bomag/hooklift bins delayProceeds from Disposal of Assets 472,384 2,136,000 82,780 380,000 102,780 (277,220) Timing: Sale of land did not proceed

(13,699,031) (23,343,538) (621,613) (2,474,321) (1,638,117) 836,204

Amount attributable to investing activities (3,879,876) (13,697,912) (546,411) (1,760,264) (1,230,118)

FINANCING ACTIVITIESRepayment of Debentures (600,922) (708,195) (44,662) (84,854) (84,854) 0Advances to Community Groups 0 (5,200) 0 (5,200) (5,200) 0Proceeds from Self-Supporting & IF Loans 21,386 12,700 1,256 6,310 6,310 0Proceeds from New Loan 0 2,450,000 0 0 0 0Transfers to Cash Reserves (4,399,431) (2,747,795) (39,205) (117,851) (117,851) 0Transfers from Cash Reserves 928,738 4,333,502 0 0 0 0

Amount attributable to financing activities (4,050,229) 3,335,012 (82,611) (201,595) (201,595) 0

Net Current Assets Surplus (Deficit) 4,331,506 0 (1,696,389) 20,593,589 22,804,453 Investments At 30 September 2017 the Shire’s cash on hand, deposits and investments totalled $36,805,135 (last month $29,273,588 (an increase of $7,531,547 to last month) and total investment interest earned for the year was $163,000 and exceeded the approved budget of $117,000.

Term Deposits – Cash Management At the end of September the Shire had the following short-term facilities (term deposits).

Term Days Maturity Institution (ADI) Principal

$ Interest Rate Interest

$ 270 16/3/18 Bankwest 1,500,000 2.50% 27,740 365 11/4/18 National Australia Bank 2,500,000 2.60% 65,000 365 18/7/18 National Australia Bank 1,500,000 2.50% 37,500 364 27/7/18 National Australia Bank 1,000,000 2.50% 24,932 365 16/8/18 Bankwest 4,000,000 2.54% 101,600 274 5/6/18 AMP Bank 2,500,000 2.60% 48,795 297 28/6/18 ING Direct 2,500,000 2.50% 50,856 365 6/9/18 Bankwest 2,000,000 2.53% 50,600 265 13/9/18 National Australia Bank 5,000,000 2.60% 130,000 99 4/1/18 Members Equity 1,000,000 2.30% 6,238 181 28/3/18 Bank of Queensland 1,000,000 2.50% 12,397

24,500,000 555,658


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During the month, the following transactions occurred:

• A term deposit of $2 million with Bankwest matured on 6/9/17 and was rolled over for 1 year at 2.53%;

• Term deposits of $3 million and $2 million with National Australia Bank matured on 12/9/17 and 13/9/17 and were combined and invested for 12 months at 2.6%;

• A total of $5 million was invested on 4/9/7 for 9 months with two A1 rated approved deposit institutions with $2.5 million invested with AMP Bank and $2.5 million with ING Direct.

• $2 million was invested with two A2 approved deposit institutions on 28/9/17 with $1 million invested with Members Equity for 3 months and $1 million with Bank of Queensland for 6 months.

The average rate of interest to be paid on all of the term deposits is 2.52%.

The Shire also has an Overnight Cash Deposit Facility (OCDF) with WA Treasury Corporation (WATC) which is used to hold the Royalties for Regions funds allocated for the main street


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redevelopment project. The South West Development Commission are a joint signatory for this facility. During the month interest of $6,417 was earned and the current balance of the investment is $5.391 million. The current rate of interest earned on this facility is 1.45% and is set at 5 basis points lower than the Reserve Bank’s cash reference rate.

In-Kind Support At 30 September 2017 fee waivers and financial assistance sponsorships totalled $5,000. During the month no fees were waived under delegation and $600 was provided in sponsorships for sports representatives. Reserves Movement to reserves represent interest earned on reserve funds as no other reserve transactions were processed during the month. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Financial Management Regulation 34 requires a local government to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation 22(1) (d). STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The overall financial performance of the Shire is as summarised in this report. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic As stated in the report. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Monthly Financial Report – September 2017 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Monthly Financial Report consisting of:

a. Notes to and forming part of the Statement of Financial Activity b. Financial Reports by Business Units


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RECOMMENDATION / COUNCIL DECISION CR SMART, CR EARL OM2017/274 That Council receives the Monthly Financial Report – September 2017 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

CARRIED 7/0

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 7.05pm

ordinary council - shire of augusta-margaret river...ordinary council minutes for the meeting held...

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