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SHIRE OF CARNARVON

MINUTES OF ORDINARY MEETING OF

COUNCIL

TUESDAY 27th NOVEMBER 2018

Council Chambers, Stuart Street CARNARVON, West Australia Phone: (08) 9941 0000 Fax: ((08) 9941 1099 Website – www.carnarvon.wa.gov.au

CONFIRMATION OF MINUTES These minutes were confirmed by the

Council on

as a true and accurate record

……………………….. Chairman

Ordinary Council Meeting Minutes 27th November 2018 1

DISCLAIMER No responsibility whatsoever is implied or accepted by the Shire of Carnarvon for any act, omission or statement or intimation occurring during Council/Committee Meetings or during formal/informal conversations with Staff or Councillors. The Shire of Carnarvon 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 or intimation occurring during Council/Committee Meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement 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 limitation of approval made by a member or officer of the Shire of Carnarvon during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Carnarvon. The Shire of Carnarvon warns that anyone who has an application lodged with the Shire of Carnarvon must obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Carnarvon in respect of the application. To be noted that, in accordance with Regulation 11 of the Local Government (Administration) Regulations 1996, the minutes of the Council Meeting are a record of the decisions of the Council, any additional officers’ advice, and explanatory notes as required. The minutes contain a summary of questions asked by members of the public and the answers given. The minutes are not a transcript of the proceedings of the meetings.


INFORMATION ON PUBLIC QUESTION TIME

The following information is provided should you wish to ask a question of Council at the Ordinary Meetings held on a monthly basis. Please note that questions that have not been filled out on the Submission Form will not be accepted.

➢ The Local Government Act 1995 allows members of the public to ask questions in regard to any issue relating to the Shire.

➢ A maximum of 15 minutes will be allowed for public question time and the Presiding Member will allow a maximum of three (3) verbal/written questions per person.

➢ Prior to asking a question, the speaker must state his/her name and address.

➢ Members of the public are discouraged from asking questions which contain defamatory remarks,

offensive language or questioning the competency of staff or Council members.

➢ The Presiding Member may nominate a member or officer to answer the question and may also determine that any complex questions requiring research be taken on notice and answered in writing.

➢ No debate or discussion is allowed to take place on any question or answer.

➢ A summary of each question asked and the response given will be included in the minutes of the meeting – Local Government (Administration) Regulations 1996 – Pt 2, r.11 – (in part reads - ) 11. Minutes, content of (Act s.5.25(1)(f)) The content of minutes of a meeting of a council or a committee is to include – (e) a summary of each question raised by members of the public at the meeting and a summary of the response to the question.

Responses to questions that are taken on notice will be responded to as soon as possible.

➢ If you wish to ask a question, please complete the Public Question Time Submission Form at the back

of this information sheet. Alternatively, questions can be submitted in writing to the Shire of Carnarvon 3 days prior to the meeting.

SPECIAL MEETINGS OF COUNCIL Members of the public are welcome to attend a Special Meeting of Council if open, and ask questions of the Council within the allotted public question time subject to the questions being asked only relating to the purpose of the Special Meeting (s5.23 of the Act and regulation 12 (4) of the Local Government (Administration) Regulations 1996, the Department of Local Government and Communities Guide to Meetings and Governance Bulleting April 2014 and Guideline No. 3 Managing Public Question Time.)


INDEX

1.0 ATTENDANCES , APOLOGIES & APPLICATIONS FOR LEAVE OF ABSENCE (The Local Government Act 1995 Section 2.25 provides that a Council may, by resolution, grant leave of absence to a

member for Ordinary Council Meetings. The leave cannot be granted retrospectively and an apology for non-attendance

at a meeting is not an application for leave of absence.)

2.0 PUBLIC AND ELECTED MEMBER QUESTION TIME

(In accordance with Section 5.24 of the Local Government Act 1995, a 15 minute public question time is made available

to allow members of the public the opportunity of questioning Council on matters concerning them. All questions are to

be provided on the Public Question Time Submission Form.)

3.0 DECLARATIONS OF INTEREST (Councillors and Staff are reminded of the requirements of Section 5.65 of the Local Government Act 1995, to disclose

any interest during the meeting or when the matter is to be discussed.)

4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN 5.0 CONFIRMATION OF MINUTES 5.2 Minutes of Ordinary Meeting of Council – 23rd October 2018 5.3 Minutes of Special Meeting of Council – 13th November 2018 6.0 PRESENTATIONS, PETITIONS AND MEMORIALS

7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION 8.0 DEPARTMENTAL REPORTS 8.1 GOVERNANCE 8.1.1 Actions Performed Under Delegated Authority September/October 2018 ....................8 8.1.2 Blowholes Reserve Management Plan – Revocation of Resolution ............................. 21 8.2 CORPORATE & COMMUNITY SERVICES 8.2.1 Accounts for Payment – 31 October 2018 .................................................................. 26 8.2.2 Management Report – 31 October 2018 ..................................................................... 28 8.2.3 Investments as at 31 October 2018 ............................................................................. 31 8.3 DEVELOPMENT SERVICES 8.3.1 Draft Local Planning Scheme 13 – Proceed to Advertise ............................................. 33 8.3.2 Section 91 Licence Renewal – Coral Bay Off Road Tours ............................................. 37 8.3.3 Proposed 1.7m High Fence – Lot 695 Robinson Street ................................................ 40 8.3.34 Proposed 24hr Unstaffed Fuel Bowser – World Fuel Supplies Carnarvon Airport ....... 45


8.4 INFRASTRUCTURE SERVICES 8.4.1 Infrastructure Monthly Report – October 2018 ........................................................ 51 8.4.2 Coral Bay Tip-site Expansion ...................................................................................... 52 8.4.3 Carnarvon & Coral Bay Airport Funding Application .................................................. 56 9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF THE COUNCIL 11.0 DATE OF NEXT MEETING 11.1 Next meeting of Council will be held on Tuesday 18th December 2018 commencing at 8.30am. 12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC 13.0 CLOSURE


MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, STUART STREET,

CARNARVON ON TUESDAY 27TH NOVEMBER 2018

The meeting was declared open at 8.30am 1.0 ATTENDANCES, APOLOGIES AND APPROVED LEAVE OF ABSENCE Cr K Brandenburg ..........................................................................................Presiding Member/Shire President Cr E Garrett ...................................................................................................................... Councillor, Town Ward Cr K Simpson ........................................................ Councillor, Coral Bay Ward(y instantaneous communication) Cr E Smith......................................................................................................................... Councillor, Town Ward Cr K Pinner ....................................................................................................................... Councillor, Town Ward Cr P Youd .......................................................................................................................... Councillor, Town Ward Cr B Maslen .................................................................................................. Councillor, Gascoyne/Minilya Ward

Mr M Dacombe ..................................................................................................... Acting Chief Executive Officer Mr D Nielsen .................................................................................... Executive Manager, Infrastructure Services Mr P Lees .......................................................................................... Executive Manager, Development Services Ms D Hill .........................................................................................................................Senior Executive Officer Observers ........................................................................................................................................................... 6 Leave of Absence ............................................................................................................................................... 0 Apologies ........................................................................................................................................... Cr Skender

2.0 PUBLIC AND ELECTED MEMBER QUESTION TIME (In accordance with Section 5.24 of the Local Government Act 1995, a 15 minute public question time is made available to allow

members of the public the opportunity of questioning Council on matters concerning them. All questions are to be provided on the Public

Question Time Submission Form.)

Public & Elected Member Question Time commenced at 8.31am The following questions were submitted at the Ordinary Meeting of Council held on 23 October 2018 with all questions being taken on notice – Mr Bill Hopkinson of Hills Springs Station – Question – Council plans to increase rates by 26% compounded over 4 years. Why does Council expect the ratepayers to pay for the mistakes and failures of past actions of Council? Answer: The Council has addressed the question of resourcing implications in the Strategic Community Plan and the Corporate Business Plan. It is necessary to invest in the foundations for a prosperous and strong community. As stated in the Corporate Business Plan these foundations include consolidation of infrastructure


including tourism infrastructure, modernisation of services, and addressing once and for all the issues surrounding the Fascine entrance way and wall, and the town centre. To be noted that there was a statement accompanied by a second question submitted by Mr Hopkinson but in accordance with Council’s Public Question Time Guidelines (appearing on the Public Question Time Form) the question was not accepted. Mr Joe Eveson of Unit 31/308 Banksia Drive Question 1 – As identified in the ‘Coral Bay Settlement Structure Plan 2014’, please provide a breakdown of the total rates revenue paid by Coral Bay’s 30 rate payers. Question 2 – Please advise what percentage of the total revenue raised in Coral Bay is spent in Coral Bay and do the rate payers of the Carnarvon township, horticultural and pastoral areas subsidise services to Coral Bay? If so, what are the top five services and how much do they cost? Answer Q 1 and Q 2: The Shire of Carnarvon is managed as a single unit consistent with regulations that require a local government to have regard to the needs of the district as a whole. By law [Local Government (Financial Management) Regulations 1996] the Council is not permitted to structure its accounts for the purpose of separately tracking revenue and expenditure according to wards. A local government is required to consider the needs of the district in its entirety and cannot determine how much to spend in each ward based on the revenue generated by a ward. The Shire of Carnarvon Council can demonstrate its commitment to governing the Shire as a whole through the comprehensive strategic review process the key documents related to which are available on the Shire website Question 3 – The Council funded retaining wall for $26,000 on Lot 46 has not been finished, which leaves this area unsafe (sand drift). When will this area be made safe and unusable (sic)? Answer: There were no safety concerns about the wall when it was last inspected by Shire engineering staff. The Executive Manager Infrastructure Services we will be happy to have another look at it if Mr Eveson is able to provide more specific information about his concerns. Public & Elected Member Question Time closed at 8.32am.

3.0 DECLARATIONS OF INTEREST

(Councillors and Staff are reminded of the requirements of Section 5.65 of the Local Government Act 1995, to disclose any interest

during the meeting or when the matter is to be discussed.)

Nil

4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION Nil


5.0 CONFIRMATION OF MINUTES 5.1 ORDINARY MEETING OF COUNCIL- 23 OCTOBER 2018 FC 1/11/18 COUNCIL RESOLUTION Cr Garrett/Cr Youd That the minutes of the Ordinary Meeting of Council held Tuesday 23rd October 2018 be confirmed as a true record of proceedings.

CARRIED F7/A0

5.1 SPECIAL MEETING OF COUNCIL- 13 NOVEMBER 2018 FC 2/11/18 COUNCIL RESOLUTION Cr Maslen/Cr Garrett That the minutes of the Special Meeting of Council held Tuesday 13th November 2018 be confirmed as a true record of proceedings.

CARRIED F7/A0

6.0 PRESENTATIONS, PETITIONS AND MEMORIALS Nil

7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION Nil

8.0 DEPARTMENTAL REPORTS 8.1 GOVERNANCE

8.1.1 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTHS OF OCTOBER/NOVEMBER 2018 File No: ADM0043 Date of Meeting: 27th November 2018 Location/Address: 3 Francis Street, Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Mark Dacombe, Acting Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority


Summary of Item: To report back to Council actions performed under delegated authority for the months of October/November 2018. Description of Proposal: Refer above. Background: To increase transparency this report has been prepared for Council and includes all actions performed under delegated authority for –

- Development Approvals issued - Building Permits issued; - Health Approvals issued; - Affixing of Common Seal

Consultation: Nil Statutory Environment: Local Government Act 1995 - Section 9.49A Planning & Development Act 2005 – Part 10 Div. 2 TPS No. 10 – Section 2.4 Shire of Carnarvon Local Government Act Local Laws S.29 Health Act 1911 – S.107; Health Act 1911, Part VI Health (Public Buildings) Regulations 1992 Relevant Plans and Policy: Nil Financial Implications: There are no financial implications. Risk Assessment: Reporting requirement only. Community & Strategic Objectives:

Goal 5: Civic

Strong and listening Council.

ITEM OUTCOMES AND STRATEGIES

5.2 The Shire has a high standard of governance and accountability

5.2.6 Compliance with the Local Government Act 1995 and all other relevant legislation and

regulations

Comment: The following tables outline the action performed within the organisation relative to delegated authority for the months of October/November 2018 and are submitted to Council for information.


COMMON SEAL

Date Affixed Agreement Details

16.10.18 Hangar 139 – Lease – KH Bakker

02.11.18 LPS 11 Amendment 75

14.11.18 LPS 11 Amendment 74

15.11.18 FAA – State of WA – Lock Hospital Memorial Path of Pain Project - Statue

ENVIRONMENTAL HEALTH Food Food Act 2008

Date of decision

Decision Ref.

Decision details Applicant Other affected person(s)

Nil

On-site wastewater management Health Act 1911, s.107 Health (Apparatus for treatment of sewage and disposal of effluent and liquid waste) Regulations 1974

Date of decision

Decision Ref.

Decision details Applicant Other affected person(s)

18-10-2018

HOS18/010 Approval to install apparatus for the treatment of sewage - 53 Boor St, KINGSFORD

Morel Nominees Pty Ltd

22-10-2018

HOS18/011 Approval to install apparatus for the treatment of sewage - 39 Gascoyne Rd EAST CARNARVON

Warren Schmidt – Gascoyne Plumbing Solutions

Owner: Paul Anthony Dixon

25-10-2018

HOS18/012 Approval to install apparatus for the treatment of sewage - 16 McLeod St SOUTH CARNARVON

Jason Chaplin, Coral Coast Plumbing

Owner: Greg Smith

LAND USE AND DEVELOPMENT

Planning and Development Act (Local Planning Schemes) Regulations 2015 Schedule 2 Clause 68 Applications to use/develop land

File Ref: Applicati

on Ref:

Subject Land (Incl. Scheme No)

Purpose Applicant/ Proponent

Date Granted

A1406 P32/18 19 Maywood Road Kingsford, WA 6701

Home Business Veronica Luis 22/10/2018


BUILDING

Application No.

Owners Name Lot & Street Type of Building Work

B18/009 CLAUSEN PTY LTD & RACHAEL JOAN STEADMAN & WOORAMEL STATION

LOT 97 WOORAMEL RD WOORAMEL

HOLIDAY ACCOMMODATION

B18/047 CAMS ABORIGINAL CORPORATE LOT 4 RUSHTON ST CARNARVON

INTERNAL ROOMS RENOVATION AND PROPOSED EXTERNAL RAMP

B18/067 FORREST & FORREST PTY LTD ATF MSPC TRUST

LOT 415 CARNARVON - MULLEWA RD INGGARDA

ALTERATIONS

B18/073 CORAL BAY INVESTMENTS PTY LTD LOT 13 ROBINSON ST CORAL BAY

CAMPERS KITCHEN VERANDAH

B18/074 LALEELA PTY LTD & MEROME HALL LOT 194 ALEXANDRA ST CARNARVON

PROPOSED REMEDIAL WORKS TO EXISTING HOTEL BUILDING

B18/076 CARNARVON HERITAGE GROUP INC & STATE OF WA

LOT 501 ANNEAR PL BABBAGE ISLAND

INTERNAL FIT OUT (CURVED WALL) TO INTERACTIVE GALLERY WITHIN EXISTING INTERPRETIVE CENTRE ONLY

B18/078 STATE OF WA LOT 597 BLOWHOLES RD MACLEOD

TELECOMMUNICATION TOWER

B18/080 SUZANNE ELIZABETH JORDAN LOT 4 CLEAVER ST SOUTH CARNARVON

FENCE

B18/081 DENNIS PHILIP & HELEN BUMBAK LOT 3 CLEAVER ST SOUTH CARNARVON

FENCE

B18/082 KEITH CHARLES CHIPPERFIELD LOT 12 DEMPSTER ST MORGANTOWN

PART RE ROOF

B18/083 CHINH NGHIA NGUYEN LOT 84 FANE CR BROCKMAN

FENCE

B18/084 WILLIAM FRANCIS BROGAN LOT 52 SITE 12 ROBINSON ST CORAL BAY

HARD ANNEXE

B18/085 CLAIRE MARY DWYER LOT 729 QUINCE ST SOUTH CARNARVON

FENCE

B18/088 PAUL DIXON LOT 1302 GASCOYNE RD EAST CARNARVON

BOUNDARY FENCE

B18/089 GOVERNMENT REGIONAL OFFICER HOUSING

LOT 103 SMITH ST EAST CARNARVON

SHED

SHIRE OF CARNARVON STATUS REPORT

CURRENT AS AT AUGUST 2018

MINUTE REF

DETAIL RESPONSIBLE OFFICER

STATUS ANTICIPATED COMPLETION DATE

27/11/15 Proposed Engagement – Work for the Dole Program

Mark Dacombe Officers are meeting with ABC Group on a regular basis to identify and progress specific projects. Draft MOU related to the Arboretum has been referred to ABC and the Carnarvon Tree Society for

Further discussions with the Tree Society indicate that they wish the original MOU for the Arboretum to remain unaltered. The relationship with the ABC Foundation in this


agreement prior to submitting to the Council.

regard is being discussed.

5/4/16 Regional Waste Infrastructure Project

David Nielsen Drum storage area fencing ordered. Finalising detailed arrangements continues.

Final completion December 2018

21/4/16 Partial Closure Bush Bay New Beach Roads

David Nielsen Awaiting response from Dept of Lands to amend camping area licence conditions to remove fencing conditions.

December 2018

SCM 1/8/16

Gascoyne Memorial Foundation – Access Arrangements for ILUs

Paul Lees Relates to existing access arrangements over Shire land. The matter is on hold pending the progression of the Brockman Park development.

Ongoing

16/8/16 Proposed Carnarvon District Water Management Strategy – Outcomes Report

Paul Lees The Outcomes Report has been finalized by the project consultant. Work has commenced on the technical components of the project that is planned to be completed by November 2018 to inform the new Local Planning Scheme.

November 2018

20/8/16 Public Open Space Strategy

Paul Lees The Public Open Space Strategy document has been completed. Some of the key findings of the document have been included in the face to face community consultation. The strategy for more widespread consultation is currently being considered.

Ongoing

11/9/16 Carnarvon Community College – Carpark Deed of Agreement

Paul Lees The draft Deed of Agreement has been reviewed, and the Shire’s response has been forwarded to the Dept. of Education who is currently amending the document.

December 2018

16/9/16 The proposed draft Waste Local Law was presented to Council in September 2016 and requires a review and agency referral prior to resubmitting the final to Council.

Paul Lees Dane Wallace

Officers are currently developing a plan for the review of the Shire’s Local Laws. Consultation with relevant Government departments will be undertaken as part of the overall review process.

Dec 2018


14/10/16 Local Government Property & Public Places Local Law

Paul Lees A workshop with key staff was undertaken. A project plan to complete the review will be prepared in 2018.

Dec 2018

23/12/16 Notice of Removal of Houses – Lot 259, 1065 NRR

Dane Wallace The owner has been prosecuted and convicted for failing to remove the houses, which remain on site. The Shire’s solicitor has provided some options to progress with this matter, one being having the works done in default and charging the costs back to the land.

Ongoing

17/6/17 Removal of Houses Unfit for Occupation – Lot 39,47 Shallcross Street

Dane Wallace The Shire has declared two (2) buildings unfit for habitation and ordered one house to be removed. The latter has been removed. The occupant has refused to cease habitation of the shed; the Shire will need to review further actions in this regard. Most of the accumulated rubbish in the rear section of the property has been cleaned up. Shire officers will conduct a further inspection of the general condition of the property to determine if further clean-up is required.

Ongoing

4/3/17 Regional Growth Centre Development Planning – MOU

Mark Dacombe MOU signed and submitted. A draft project plan has been submitted to DRD but the Growth Planning Project is on hold pending a decision by the Minister on how the Government wishes to move forward. The current major Strategic Review addresses issues of economic activity and growth.

On hold pending further advice from State Government

14/3/17 Signage – Heritage Walking Trail

David Nielsen No Change. Signage installation commenced.

November 2018

9/9/17 Revocation of Motion – Carnarvon Heritage Old Tramway Lease

Carolien Claassens

The Heritage Group has provided a Project Brief of the Revitalisation of the One Mile Jetty to the

Timing is in the hands of the Heritage Committee


Carnarvon Town Tramway. The brief provided requires more work to in order for it to support an application for a new lease.

16/9/17 Local Planning Scheme No.13

Paul Lees The Shire’s consultant is making good progress on the project as per the project plan. A workshop to brief Council on the draft scheme was held on 20/09/18 and 20/11/18. A report requesting Council’s approval to advertise the scheme has been prepared for the November 2018 Council meeting.

April 2019

16/11/17 Carnarvon Revitalisation Project – Allocation of Earned Interest

Carolien Claassens

The matter is with the Department of Primary Industries and Regional Development for determination. Advice is that a decision on the use of the interest will await the completion of the engineering investigations into the wall.

Subject to the decision of DPIRD

24/11/17 Bayview Coral Bay – Local Structure Plan

Paul Lees Council has agreed to Bayview Coral Bay Pty Ltd revising the Bayview Coral Bay Masterplan 2007 to align with the requirements of the Deemed Provisions for a Local Development Plan (LDP). WAPC supports the land owner preparing a LDP over its subject land. The applicant’s agent has lodged an LDP that has been advertised and submissions have been received. Shire officers are now assessing the LDP and preparing a report to Council for the December 2018 meeting.

The LDP will be presented to Council in December 2018.

10/1/18 Proposed Transfer of Management Order – CWA Lot 353

Paul Lees The Department of Planning, Lands and Heritage has been advised of Council’s decision and further discussions are proceeding.

December 2018


8/2/18 Closure of PAW – Lot 302 Wheelock Way

Paul Lees Council has resolved that the Shire proceed with the process for the closure of the pedestrian accessway as outlined in the WAPC guideline, and the proposed infrastructure associated with the closure is included in the 2018/19 budget. The draft report to WAPC has been prepared.

The closure report will be referred to WAPC by end December 2018.

16/2/18 Application for Exemption – Keeping of 6 Dogs at 95 Boor Street, Kingsford

Paul Lees Council, at the ordinary meeting of 27 February 2018 resolved to refuse the Development Application for the keeping of six (6) dogs on the property. The applicant appealed the decision at SAT and later withdrew the appeal. The applicant attempted to lodge a Development Application for a kennel establishment, however the land owner did not support the application, and therefore it could not proceed. Options for compliance action are being considered.

Ongoing

SFC2/3/18 Proposed Carnarvon Residential Aged Care Facility

Mark Dacombe Council resolved to support the WACHS proposal to develop the Residential High End Aged Care facility at the Carnarvon Hospital and seek the return of funding to enable a 38 bed facility to be completed. The Ministers for Health and Regional Development have been advised of the Council’s position through their relevant officials. A letter is being sent to the Minister for Health asking for an update on progress with the project.

On going


4/4/18 Arboretum – MOU Mark Dacombe This matter has been referred back to the Tree Society and ABC Foundation to agree on the wording of the proposed MOU. The Tree Society has advised that it does not wish to proceed with an amendment to the MOU. A report will be brought back to the Council closing the matter off.

December 2018

11/5/18 Early Rates Payment Incentive Prize

Deb Wilkes Draw will take place after closing date for early rates payment

October 2018

12/5/18 Renewal of Lease – Hangar 140

Carolien Claassens

The lease has been completed and the Lessee has been invoiced for the Lease and legal fees.

Completed

13/5/18 Renewal of Lease – Hangar 139

Carolien Claassens

The lease has been completed and the Lessee has been invoiced for the Lease and legal fees.

Completed

14/5/18 Purchase of Buses with Lotterywest Grant

Mark Dacombe Buses have been ordered and are expected to be delivered in October. As a funding body requirement, a policy of use of the bus by community groups is required and that will go to Council as part of the policy review process. One bus has been delivered.

December 2018

20/6/18 Lotteries House – Boundary Realignment

Paul Lees Council, at the ordinary meeting of 26 June 2018 resolved to approve the Lotteries House Boundary Realignment; and to waive the fees relating to the DA. Council also resolved to support the re-alignment of the boundary to accommodate the extension of Lotteries House; to amalgamate Lots 111, 189 and 190; and requires Shire officers to facilitate the subdivision/ amalgamation process; the Shire will meet all

Funds for the survey and subdivision have been included in the 2018/19 budget. The subdivision application is being prepared and will be considered by the WAPC.


costs associated with subdivision.

9/7/18 Local Planning Scheme no. 10 – Amendment no. 74

Sian Young Council, at the ordinary meeting of 24 July 2018 resolved to support the proposed amendment, to notify the amendment (publicly advertise) and seek the advice of the EPA and the DPLH, which was provided. The Scheme amendment was presented in September 2018 to Council with a recommendation that Council adopt the Scheme amendment. Council resolved to adopt the Scheme amendment.

The Scheme Amendment was referred to the WA Planning Commission on 20 November 2018 for consideration and referral to the Minister.

10/7/18 Local Planning Scheme no. 10 – Amendment no. 73

Sian Young Council, at the ordinary meeting of 24 July 2018 resolved to approve the proposed amendment and to refer it to the DPLH for gazettal.

The application was referred to the WA Planning Commission for consideration and referral to Minister on 7 August 2018. The amendment was approved by the Minister and will be published in the Government Gazette on 23 November 2018.

3/8/18 Attendance at Council Meetings by Instantaneous Communication – Cr Youd

Mark Dacombe Council at meeting held on 28 August agreed to grant Cr Youd approval for 2 months pending policy review.

November 2018

9/8/18 MOU Amendment – Men’s Shed

Miranda Koebrugge

Awaiting response from Men Shed for the approval amended MoU

November 2018

10/8/18 Request for Financial Support – Morris, PCYC & Gascoyne Early Years

Deb Wilkes Requests for invoices sent November 2018

11/8/18 Baxter Spray Park Paul Lees Council, at the ordinary meeting of 28 August 2018 resolved to authorize the decommissioning of the existing splash park, making safe and developing the site for a picnic area; and directed the CEO to report to Council the options and costs for (a) the

December 2018


construction of an interactive play facility associated with the toddler’s pool at the Carnarvon Aquatic Centre, and (b) Construction of a stand-alone zero depth water park within the grounds of the Carnarvon Aquatic Centre.

13-14/8/18 St John Ambulance – Land Exchange

Paul Lees Council, at the ordinary meeting of 28 August 2018 resolved to rescind the previous motion of Council of 28 February 2012; and to (a) write to the Hon. Minister Rita Saffioti Minister for Transport; Planning; Lands on behalf of St. John Ambulance Ltd WA requesting the Minister’s intervention in the matter to allow a land transfer to occur between St John Ambulance WA Ltd and the Shire of Carnarvon, for Lot 924 Rushton Street to be transferred for a portion of Lot 928 Robinson Street (approximately 4724m2) without the removal of the existing buildings on lot 924; (2) Instruct the Chief Executive Officer to arrange the survey of the above portion of Lot 928 Robinson Street and lodge an application with the WA Planning Commission for the subdivision and for the lodgment of the deposited plan with Landgate for the creation of a new Certificate of Title; and (3) Approves the funding of all costs relating to the actions outlined in the above item, that being Item 2 of officers recommendation no. 3.

December 2018


15/8/18 24hr Unstaffed Fuel Bowser – Carnarvon Airport

Paul Lees Council, at the ordinary meeting of 28 August 2018 resolved the matter lay on the table pending further clarification relative to the processes involved with the Development Application and be referred to the Ordinary Meeting of Council to be held on 25 September 2018. (Note to Minute – Council decided to lay the matter on the table until the November 2018 Council Meeting to resolve the matter. The report has been amended to address airport safety matters through conditions of approval in the Notice of Determination.

November 2018

5/9/18 Christmas/New Year Stand Down

Mark Dacombe Dannielle Hill

Council approved at September Council Meeting. Advertising of closures to be placed on website and in local paper.

November 2018

10/9/18 Request for Financial Support – Lions Cancer

Deb Wilkes Nadine Brown

Request for invoice sent November 2018

13/9/18 LPS No. 10 – Amendment 75

Paul Lees The Scheme amendment was presented to the September 2018 Council meeting with a recommendation that Council adopt the Scheme amendment. Council resolved to adopt the Scheme amendment.

The Scheme Amendment was referred to the WA Planning Commission for consideration and referral to the Minister.

14/9/18 Appointment Authorised Persons Bush Fires Act

Paul Lees Matthew Holland

Council at the September 2018 meeting was asked to consider a revocation of all existing Fire Control Officer (FCO) positions under the Bush Fires Act 1954 as a number of persons were no longer active in the Shire or the Brigade, and the appointment (and re-appointment) of new FCOs. Council resolved to appoint officers as recommended. The FCO

November 2018


appointments will be published in the local newspaper and DFES (Geraldton) will be advised of the appointments.

16/9/18 Waiver of Private Works Charges – Mungullah Village

David Nielsen Resealing work completed. Invoicing being finalised.

Completed

18/9/18 19/9/18

Award of Contract – RFQ 06/2018 - CCTV

Caroline Claassens

The Contractor is on site for the installation of the CCTV poles. In early Jan 2019 the cameras will be installed.

Completed

7/10/18 Request for New Lease – BP – Lot 547 Carnarvon Airport

Miranda Koebrugge

The Disposal of Property has been advertised and the Council hasn’t received any comment. The space is currently being cleaned and painting is taking place. We are currently awaiting a draft lease from the Solicitor. The Lease will require registration with Landgate.

February 2019

8/10/18 Revocation Management Order – Crown Reserve 49371 – Lot 9001

Paul Lees Sian Young

The matter was presented to Council on 23 October 2018. Council resolved to agree to the revocation of Management Order K450917 and direct the Acting Chief Executive Officer to advise the Department of Planning, Lands and Heritage of Councils resolution.

A letter was sent to the Department on 19 November 2018 detailing Council’s decision.

9/10/18 Local Planning Scheme 10 – Amendment 74

Paul Lees Sian Young

Council, at the ordinary meeting of 24 July 2018 resolved to support the proposed amendment, to notify the amendment (publicly advertise) and seek the advice of the EPA and the DPLH, which was provided. The Scheme amendment was presented to the September 2018 Council meeting with a recommendation that Council adopt the Scheme amendment. Council resolved to adopt the Scheme amendment.

The Scheme Amendment was referred to the WA Planning Commission on 20 November for consideration and referral to the Minister.


12/10/18 Waiver of Tipsite Fees & Charges – C’von Heritage Group

David Nielsen Heritage Group advised. Completed

13/10/18 Heavy Vehicle Safety Program Funding for Harbour Road Construction

David Nielsen Formal advice sent to Program.

Completed

15/10/18 Shire Office & Airport Cleaning – RFT 06/2018

Miranda Koebrugge David Nielsen

The contractors have commenced the work. The Shire is finalising the contract

Completed

OFFICER’S RECOMMENDATION That Council accept the Status Meeting Report and reports outlining the actions performed under delegated authority for the months October/November 2018. FC 3/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr Smith That Council accept the Status Meeting Report and reports outlining the actions performed under delegated authority for the months October/November 2018.

CARRIED F7/A0

8.1.2 BLOWHOLES RESERVE MANAGEMENT PLAN REVOCATION OF RESOLUTION File No: 4A0127.21 Date of Meeting: 27 November 2018 Location/Address: Shire of Carnarvon – Blowholes Reserve Crown Reserves 37457, 37458,

37459, 39666 Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon and various Shack Owners Author/s: Mark Dacombe, Acting Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Recommendation 1 – Simple Majority Recommendation 2 – Absolute Majority Recommendation 3 – Simple Majority Previous Report: Recent - 29 April 2014; 22 September 2014; 27 January 2016; 23 February

2016, 28 June 2016, 20 December 2016

Summary of Item: To propose the revocation of the resolution passed by the Council at its meeting held on 28 June 2016 to

effectively return the Shire’s interest in the Reserves at the Blowholes/Point Quobba to the Crown.

Description of Proposal: In June 2016 the Council considered a proposal to amend the Blowholes Reserves Management Plan (BRMP), primarily in response to concerns raised by the Blowholes Protection Association (BPA) and the local Aboriginal Community, regarding disturbance of significant aboriginal heritage sites at the Blowholes/Point Quobba area, and possible removal of significant vegetation/exposure to erosion due increased regulatory compliance regarding bushfire management.


The proposed amendment acknowledged these concerns, and would have removed all reference to new development that does not accord with the following principles:

• Managed pubic recreational use and safety;

• Environmental preservation and protection;

• Cultural heritage; and

• State Planning Policy.

In response to this proposal the Council resolved [FC 4/6/16]:

“That Council: 1. Formally divest its interest and formally request the Minister for Lands immediately withdraw the

Management Order for Crown Reserves 37457, 37458, 37459 and 39666 (referred to as the Blowholes) currently vested in the Shire of Carnarvon for the following reasons: a) All of Council’s attempts to progress improved management of the Blowholes Reserves and

implementation of new facilities and infrastructure (including the demolition of existing and provision

of new shack sites) has consistently been met with considerable resistance from the Blowholes

Protection Association to the detriment of delivering a quality tourist destination for the Shire of

Carnarvon and broader community.

b) It has recently been brought to the Council’s attention that a heightened risk of disturbing significant aboriginal heritage sites exists, based on recent occurrences and information forthcoming over the past few months by the Blowholes Progress Association President, the Local Native Title Claimant Group and local Aboriginal Elders;

c) The likelihood of requiring the removal of a large amount of vegetation to the further detriment of the natural beauty of area in response to recent bushfire management legislation, and the former Minister for Lands direction to accommodate replacement shacks for a select few people;

d) The Council is no longer prepared to personally accept the legal liability associated with private shack structures, expend considerable resources on attempting to remove illegal structures that pose considerable risk to public safety, and has been onerous and detrimental to the Shire’s resources at the cost the Shire of Carnarvon ratepayers, when this matter is fundamentally a State Government responsibility.

2. Request the CEO arrange for the partly established caretaker’s dwelling and associated infrastructure be removed from the Blowholes Reserves, with the view to investigating the use of this accommodation in another location.

3. Return the remainder of the grant funding for the Blowholes Development, allocated under COA 3362, to the Department of Regional Development. “

On 20 December 2016 officers recommended the Council consider the revocation of the above resolution

subject to amendments of the Blowholes Reserves Management Plan being amended to delete all reference

to the provision of new shacks/chalet structures. The proposal to revoke the June resolution did not achieve

the required support and was lost with the result that the June 2016 remains in place.

The matter of the Blowholes was considered by the Council in its Corporate Business Plan (CBP) adopted in

August 2018. In the CBP the Council states that the desired outcome is to undertake redevelopment of the

reserves in accordance with an agreed plan by commissioning a feasibility study to confirm the practicality of

the Reserves management Plan and to prepare an implementation program. The CBP states that the feasibility

study, demolition of the existing shacks and the confirmation of the Implementation Plan are to be achieved


during 2018/19 with implementation over the following 2 years. The funds held for development of the

reserves is applied in the four-year financial plan. To enable this to proceed the June 2016 needs to be revoked.

Background: It is not proposed to repeat the lengthy background to the Blowholes issue in this report. The reports of 28 June 2016 and 20 December 2016 are attached at Schedule 8.1 and they provide a great deal of detail. The key issues relevant to this report are the adopted Reserves Management Plan, the resolution of the Council to hand the reserves back to the Crown and the 2018 Corporate Business Plan provisions. Consultation: Extensive consultation and engagement was conducted across the Shire in the preparation of the 2018 – 2028 Strategic Community Plan. This is described in the adopted Strategic Community Plan. Statutory Environment: The following legislation may be relevant to the implementation of the Blowholes Reserves Management

Plan:

Aboriginal Heritage Act 1972

Building Act 2011

Land Administration Act 1997

Local Government Act 1995

Planning and Development Act 2005

Relevant Plans and Policy: There is a number of strategies, plans, policies and codes that have influence over the preparation and

implementation of the BRMP.

These include:

State Planning Policy 2.6 – State Coastal Planning Policy

State Planning Policy 3.7 - Planning in Bushfire Prone Areas

State Planning Policy 6.3 - Ningaloo Coast

Illegal Occupation of Coastal Crown Land (Squatters) Policy

Ningaloo Coast Regional Strategy (NCRS) Carnarvon

Shire of Carnarvon Local Planning Strategy

2008 Blowholes Master Plan

Building Code of Australia

Shire of Carnarvon Strategic Community

Financial Implications: The revocation of the resolution will allow the process indicated in the Corporate Business Plan to proceed

and ultimately for the considerable funds held for the development of the reserves to be expended as

intended. There are no other financial implications.

Risk Assessment: The revocation of the resolution enables the process provided for in the CBP to proceed. A feasibility study to

confirm the practicality of the Reserves Management Plan and the preparation of an implementation plan will

assess the risks involved in the process of implementation.

Strategic Objectives: The Strategic Community Plan identifies the improved standard of assets and facilities as a ten year focus with

which the Blowholes reserves redevelopment as a priority over the next two years.

Comment: Revocation of the resolution passed the Council in June 2016 will clear the way for planning and implementation of redevelopment of the Blowholes Reserves.


OFFICER’S RECOMMENDATION 1 That Council pursuant to Reg.10(1)(a) of the Local Government (Administration) Regulations, 1996 agree to consider a rescission of its previous motion made on 28 June 2016 (Ref: FC 4/6/16). (Requires 1/3 of the number of offices of members whether vacant or not) OFFICER’S RECOMMENDATION 2 That Council pursuant to Reg.10(1)(b) of the Local Government (Administration) Regulations, 1996 rescind the motion made at its 28 June 2016 Ordinary Meeting (Ref: FC 4/6/16), as presented below: “That Council:

1. Formally divest its interest and formally request the Minister for Lands immediately withdraw the Management Order for Crown Reserves 37457, 37458, 37459 and 39666 (referred to as the Blowholes) currently vested in the Shire of Carnarvon for the following reasons:

a) All of Council’s attempts to progress improved management of the Blowholes Reserves and implementation of new facilities and infrastructure (including the demolition of existing structures and provision of new shack sites) has consistently been met with considerable resistance from the Blowholes Protection Association to the detriment of delivering a quality tourist destination for the Shire of Carnarvon and broader community. b) It has recently been brought to the Council’s attention that a heightened risk of disturbing significant aboriginal heritage sites exists, based on recent occurrences and information forthcoming over the past few months by the Blowholes Progress Association President, the Local Native Title Claimant Group and local Aboriginal Elders;

c) The likelihood of requiring the removal of a large amount of vegetation to the further detriment of

the natural beauty of area in response to recent bushfire management legislation, and the former Minister for Lands direction to accommodate replacement shacks for a select few people;

d) The Council is no longer prepared to personally accept the legal liability associated with private shack structures, expend considerable resources on attempting to remove illegal structures that pose considerable risk to public safety, and has been onerous and detrimental to the Shire’s resources at the cost the Shire of Carnarvon ratepayers, when this matter is fundamentally a State Government responsibility.

2. Request the CEO arrange for the partly established caretaker’s dwelling and associated infrastructure

be removed from the Blowholes Reserves, with the view to investigating the use of this accommodation in another location.

3. Return the remainder of the grant funding for the Blowholes Development, allocated under COA 3362, to the Department of Regional Development”.

(Requires and absolute majority) OFFICER’S RECOMMENDATION 3 That Council advise the Director General for the Department of Lands that it is prepared to retain the management orders for Blowholes Reserves 37457, 37458, 37459, 39666 and to proceed in accordance with the provisions of the Shire of Carnarvon Corporate Business Plan 2018 – 2022.


FC 4/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1 Cr Garrett/Cr Maslen That Council pursuant to Reg.10(1)(a) of the Local Government (Administration) Regulations, 1996 agree to consider a rescission of its previous motion made on 28 June 2016 (Ref: FC 4/6/16).

CARRIED F7/A0

FC 5/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 2 Cr Garrett/Cr Maslen That Council pursuant to Reg.10(1)(b) of the Local Government (Administration) Regulations, 1996 rescind the motion made at its 28 June 2016 Ordinary Meeting (Ref: FC 4/6/16), as presented below: “That Council:

1. Formally divest its interest and formally request the Minister for Lands immediately withdraw the Management Order for Crown Reserves 37457, 37458, 37459 and 39666 (referred to as the Blowholes) currently vested in the Shire of Carnarvon for the following reasons:

a) All of Council’s attempts to progress improved management of the Blowholes Reserves and

implementation of new facilities and infrastructure (including the demolition of existing structures and provision of new shack sites) has consistently been met with considerable resistance from the Blowholes Protection Association to the detriment of delivering a quality tourist destination for the Shire of Carnarvon and broader community.

b) It has recently been brought to the Council’s attention that a heightened risk of disturbing significant aboriginal heritage sites exists, based on recent occurrences and information forthcoming over the past few months by the Blowholes Progress Association President, the Local Native Title Claimant Group and local Aboriginal Elders;

c) The likelihood of requiring the removal of a large amount of vegetation to the further detriment of the

natural beauty of area in response to recent bushfire management legislation, and the former Minister for Lands direction to accommodate replacement shacks for a select few people;

d) The Council is no longer prepared to personally accept the legal liability associated with private shack

structures, expend considerable resources on attempting to remove illegal structures that pose considerable risk to public safety, and has been onerous and detrimental to the Shire’s resources at the cost the Shire of Carnarvon ratepayers, when this matter is fundamentally a State Government responsibility.

2. Request the CEO arrange for the partly established caretaker’s dwelling and associated infrastructure be removed from the Blowholes Reserves, with the view to investigating the use of this accommodation in another location.

3. Return the remainder of the grant funding for the Blowholes Development, allocated under COA 3362, to the Department of Regional Development”.

CARRIED BY ABSOLUTE MAJORITY F7/A0


FC 6/11/18 COUNCIL RESOLUTION Cr Garrett/Cr Smith That Council -

1. Advise the Director General for the Department of Lands that it is prepared to retain the management orders for Blowholes Reserves 37457, 37458, 37459, 39666 and to proceed in accordance with the provisions of the Shire of Carnarvon Corporate Business Plan 2018 – 2022;

2. A full Council Workshop be conducted prior to the commissioning of a Feasibility Study.

CARRIED F7/A0

(Note to Minute – Council were in agreeance that a workshop be conducted to enable all Councillors the opportunity to be fully briefed on the matter, to discuss options on a way forward including the commissioning of a feasibility study to confirm the practicality of the Reserves Management Plan.)

8.2 CORPORATE & COMMUNITY SERVICES 8.2.1 ACCOUNTS FOR PAYMENT 31 OCTOBER 2018 File No: ADM0186 Date of Meeting: 27 November 2018 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Genevieve Burnett – Creditors Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To present the listing of accounts paid from the Municipal Fund and Trust Fund in accordance with the requirements of the Local Government (Financial Management) Regulations 1996. Description of Proposal: N/A Background: Council has previously delegated to the CEO the exercise of its power under Financial Management Regulation 12 to make payments from Municipal Fund and Trust Fund. Consultation: Nil Statutory Environment: Local Government Act 1995 – Section 5.42 Local Government (Financial Management) Regulations 1996 – Regulations 12 and 13 Relevant Plans and Policy:


All accounts are paid as per the Shire of Carnarvon’s 2018/19 Budget. Financial Implications: Ongoing management of Council funds by providing Council with sufficient information to monitor and review payments made. Community & Strategic Objectives:



5.2.1 Robust decision-making by culturally aware, well-informed and supported Councillors

5.2.3 Risks are well managed


regulations

5.4 Sound financial and asset management

5.4.4 Financial transactions are accurate and timely

Comment: Accounts paid to 31 October 2018 are listed in Schedules 8.2.1.(a) and 8.2.1.(b). OFFICER’S RECOMMENDATION That Council a) Receive the list of payments, as per Schedule 8.2.1 (a) totaling $1,381,480.82 as presented for the month

of October 2018 incorporating;

Payment Reference from: Payment Reference to: Payment Type Payment Amount

DD35465 DD35579 Bank Direct $118,328.93

46831 46854 Muni Cheques $117,686.74

7383 7388 Trust Cheques $5,421.48

EFT26011 EFT26224 Muni EFT $1,117,538.86

EFT26044 EFT26337 Trust EFT $22,504.81

b) Receive the list of credit card payments, as per Schedule 8.2.1 (b), totalling $3,968.12 as presented. c) Note Sundry Creditors as at 31 October 2018 $310,171.34. FC 7/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr Youd That Council a) Receive the list of payments, as per Schedule 8.2.1 (a) totalling $1,381,480.82 as presented for the month of

October 2018 incorporating;

Payment Reference from: Payment Reference to: Payment Type Payment Amount

DD35465 DD35579 Bank Direct $118,328.93

46831 46854 Muni Cheques $117,686.74

7383 7388 Trust Cheques $5,421.48


EFT26011 EFT26224 Muni EFT $1,117,538.86

EFT26044 EFT26337 Trust EFT $22,504.81

b) Receive the list of credit card payments, as per Schedule 8.2.1 (b), totalling $3,968.12 as presented. c) Note Sundry Creditors as at 31 October 2018 - $310,171.34.

CARRIED F7/A0

8.2.2 FINANCIAL ACTIVITY STATEMENT AND BUDGET VARIATIONS 31 OCTOBER 2018 File No: ADM0186 Date of Meeting: 27th November 2018 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Manager Finance Declaration of Interest: Nil Voting Requirements: Officer Recommendation 1 - Simple Majority Voting Requirements: Officer Recommendation 2 - Absolute Majority

Summary of Item: In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire Administration is required to prepare a monthly Statement of Financial Activity for approval by Council. Description of Proposal: N/A Background: This report provides elected members with information about operating and capital revenues and expenditures. It also links operating results with balance sheet items and reconciles with the end of month balances. Also, the regulations require a quarterly review of the budget expenditure, with the opportunity to adjust funding allocations to address financial shortcomings and changing priorities to operations, delivery of services and projects. Consultation: Nil Statutory Environment: Local Government Act 1995 – Part 6 Financial Management, Division 4 General Financial Provisions, Section 6.8. Local Government (Financial Management) Regulation 33A(3) and 34.

6.8. Expenditure from municipal fund not included in annual budget

(1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —

(b) is authorised in advance by resolution*; or

(c) is authorised in advance by the mayor or president in an emergency.

* Absolute majority required.


(1a) In subsection (1) —

additional purpose means a purpose for which no expenditure estimate is included in the local government’s annual budget.

(2) Where expenditure has been incurred by a local government —

(a) pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and

(b) pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.

33A. Review of budget

(3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required. 34. Financial activity statement required each month (Act s. 6.4)

(1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a specific

purpose. (1) A local government is to prepare each month a statement of financial activity reporting on the

revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c); and

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

statement relates; and (d) material variances between the comparable amounts referred to in paragraphs (b) and (c);

and (e) the net current assets at the end of the month to which the statement relates. (2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month to which the

statement relates, less committed assets and restricted assets; and (b) an explanation of each of the material variances referred to in sub regulation (1)(d); and (c) such other supporting information as is considered relevant by the local government. (3) The information in a statement of financial activity may be shown — (a) according to nature and type classification; or (b) by program; or (c) by business unit. (4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2),

are to be — (a) presented at an ordinary meeting of the council within 2 months after the end of the month

to which the statement relates; and (b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.


Relevant Plans and Policy: Corporate Business Plan 2018 - 2022 Financial Implications: Nil. Risk Assessment: Council would be contravening the Local Government Act should these statements not be received. Community & Strategic Objectives:






regulations



Comment: Attached as Schedule 8.2.2(a) for consideration is the completed Statement of Financial Activity for the period ended 31 October 2018. In accordance with the Local Government (Financial Management) Regulations, a report must be compiled on variances greater than the percentage agreed by Council which is currently plus (+) or minus (-) of 10%, or $10,000, whichever is the higher. Additionally, as mentioned in the background above, there is a need to undertake a number of budget variations, effectively reallocating funding from one section of the budget to the other based on changing priorities. These variations are outlined in Schedule 8.2.2(b). OFFICER’S RECOMMENDATION 1 That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, receive the Statement of Financial Activity for the period ended 31 October 2018 as per Schedule 8.2.2(a). OFFICER’S RECOMMENDATION 2 That Council, in accordance with section 6.8(1)(b) of the Local Government Act 1995 and Regulation 33A(3) of the Local Government (Financial Management) Regulations 1996, adopt the budget review and variations for the period ended 31 October 2018 as listed within Schedule 8.2.2 (b). FC 8/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1 Cr Garrett/Cr Pinner That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, receive the Statement of Financial Activity for the period ended 31 October 2018 as per Schedule 8.2.2(a).

CARRIED F4/A3

Cr’s Pinner, Maslen and Smith voted against the motion


OFFICER’S RECOMMENDATION 2 That Council, in accordance with section 6.8(1)(b) of the Local Government Act 1995 and Regulation 33A(3) of the Local Government (Financial Management) Regulations 1996, adopt the budget review and variations for the period ended 31 October 2018 as listed within Schedule 8.2.2 (b). FC 9/11/18 COUNCIL RESOLUTION Cr Garret/Cr Simpson That Council, in accordance with section 6.8(1)(b) of the Local Government Act 1995 and Regulation 33A(3) of the Local Government (Financial Management) Regulations 1996, adopt the budget review and variations for the period ended 31 October 2018 as listed within Schedule 8.2.2 (b), excluding the following variations –


(Note to Minute – Some Councillors were not in agreeance to the above works taking place and therefore requested further clarification relative to the process by which this decision was made to relocate the bbq and park shelter including budgetary considerations. It was also requested that these works be stopped until the requested information is provided.) 8.2.3 INVESTMENTS AS AT 31 OCTOBER 2018 File No: ADM0186 Date of Meeting: 25 November 2018 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Jodie Anderson, Senior Finance Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To report the Council details of surplus funds invested to 31 October 2018. Description of Proposal: N/A Background: Nil. Consultation: Takes place with Financial institutions prior to renewal of investments.


Statutory Environment: Section 6.14 of the Local Government Act 1995 grants Council the power to invest surplus funds. Relevant Plans and Policy: The investment report is produced in accordance with Council’s investment policy. Financial Implications: Nil. Risk Assessment: No risk identified. Community & Strategic Objectives:





5.2.6 Compliance with the Local Government Act 1995 and all other relevant legislation and regulations



Comment: The attached monthly report on investments (Schedule 8.2.3) has been compiled in accordance with the reporting framework included as part of Council’s investment policy. OFFICER’S RECOMMENDATION That Council receive the investments report, as at 31 October 2018 as per Schedule 8.2.3 FC 10/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Pinner/Cr Youd That Council receive the investments report, as at 31 October 2018 as per Schedule 8.2.3

CARRIED F7/A0


8.3 DEVELOPMENT SERVICES 8.3.1 DRAFT LOCAL PLANNING SCHEME NO. 13 PROCEED TO ADVERTISE File No: ADM1757 Date of Meeting: 27 November 2018 Location/Address: District of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Paul Lees, Executive Manager Development Services Declaration of Interest: Nil Voting Requirements: Absolute Majority Previous Report:28 February 2012; 26 September 2017

Summary of Item: The Shire of Carnarvon has engaged planning consultant Pam Baskind to prepare a new draft local planning scheme titled Local Planning Scheme No. 13. The draft scheme will supersede the current schemes that are in force: Local Planning Scheme No. 10 that applies to the town of Carnarvon, and Local Planning Scheme No. 11 that applies to the rest of the Shire’s district. The draft scheme reflects the intent of the Shire of Carnarvon’s Local Planning Strategy, has due regard for the relevant State planning policies, and is generally consistent with the model provisions reflected in Schedule 1 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations); the draft scheme also incorporates key aspects of approved structure plans applying to land within the district. Consent is sought from Council to proceed to advertise draft Local Planning Scheme No 13 following the submission of the draft scheme to the Western Australian Planning Commission and referral to the Environmental Protection Authority (EPA). Description of Proposal: The draft scheme consolidates the provisions of the current two schemes, adopts contemporary standards for the zoning and classification of land, applies the model provisions for local planning schemes that form part of the Regulations, and updates development requirements. The draft scheme is consistent with the relevant State planning policies and environmental policies, and is also consistent with strategic planning policies that apply to the Gascoyne region and the Ningaloo coast. The zoning and classification of land and associated development requirements generally reflect the recommendations set out in the Shire’s Local Planning Strategy. It is proposed to publicly advertise the draft scheme for 90 days (consistent with the Regulations) in order to seek formal comment from the community, landowners, developers, State agencies, non-government organisations, and other interested parties. The draft scheme consists of a written statement (text) and the associated maps that cover the whole of the district as per: Draft Local Planning Scheme No. 13 Text - Confidential – Schedule 12.1(a) Draft Local Planning Scheme No. 13 Maps – Confidential – Schedule 12.1(b) Background: The need to review the current schemes was recognised in 1999 when preparation of draft Local Planning Scheme No. 12 was commenced. However, the process was abandoned prior to the public advertising


period as there were difficulties demonstrating consistency between the draft scheme and State planning/environmental policies On 28 February 2012 the Shire resolved that the local government, in pursuance of section 72 of the Planning and Development Act 2005 (the Act) prepare Local Planning Scheme No.13 with reference to the entire area enclosed within the Shire’s boundary. Whilst the preparation of the draft scheme was delayed for a period due to staff changes, the associated document ‘Shire of Carnarvon Local Planning Strategy 2017’ was able to be finalised; the Local Planning Strategy sets out the long-term planning direction for the Shire, applies State and regional planning policy, and importantly provides the rationale for the zoning and classification of land under the proposed new scheme. A number of structure plans that have been approved since 2012 also provide guidance on the future zoning and development of land in the Shire being:

• Carnarvon Airport Precinct Structure Plan Report (Shire of Carnarvon, August 2014);

• Babbage and Whitlock Islands Structure Plan (Shire of Carnarvon, October 2014);

• Coral Bay Settlement Structure Plan 2014 (Shire of Carnarvon, April 2015);

• District Structure Plan Report, East Carnarvon and Kingsford (Shire of Carnarvon, October 2015);

• Gascoyne Food Bowl District Structure Plan (Department of Agriculture and Food, May 2017).

It should be noted that the Planning and Development (Local Planning Schemes) Regulations 2015 came into force in 2015, and that Council resolved to prepare a new scheme in February 2012. It was therefore considered prudent to provide a further opportunity for relevant agencies and adjoining local governments to provide their recommendations in respect of the Shire’s resolution to prepare the scheme. For completeness a re-notification letter was sent to neighboring Shires and a number of key agencies as required by the Regulations. The next step in the process to prepare the new scheme was the completion of a ‘review and gap analysis’. The ‘review and gap analysis’ collated recommendations from the Local Planning Strategy, as well as input from agencies and neighboring Shires; it also identified inconsistencies in the current schemes with State planning and environmental policies, as well as the Model Provisions for local planning schemes (Schedule 1 of the Regulations). The gap analysis provided a broad perspective of the key changes that would require consideration during the preparation of the new scheme text and maps. It should be noted that consultation with a wide range of stakeholders on an informal basis has also occurred as outlined below; this has contributed to the development of a draft scheme that responds to key issues within the Shire whilst seeking consistency with State planning and environmental policies, strategies and regulations. The scheme maps have been prepared by officers of the Department of Planning, Lands and Heritage (DPLH) in keeping with the standards set out in the Regulations. The input of the DPLH senior planning officers during the preparation of the new scheme has assisted in understanding and responding to the State planning framework and should facilitate the efficient examination of the draft scheme by the WA Planning Commission. Consultation: In addition to formal notification of adjoining local governments and some State agencies, early informal consultation has occurred with a wide range of stakeholders to obtain their views and understand their requirements in regard to the new scheme. A preliminary consultation outcomes report records the advice received and this has been taken into consideration in the preparation of the draft new scheme. The following stakeholder groups were contacted: Local government:

• City of Geraldton

• Shire of Ashburton

• Shire of Exmouth

• Shire of Shark Bay


• Shire of Upper Gascoyne State agencies:

• Department of Biodiversity, Conservation and Attractions (Carnarvon, Perth, Exmouth, Geraldton)

• Department of Communities

• Department of Planning, Lands and Heritage

• Department of Primary Industries and Regional Development (Carnarvon, Perth)

• Department of Prime Minister and Cabinet (Geraldton)

• Department of Transport

• Department of Water and Environmental Regulation (Carnarvon, Geraldton, Perth)

• Gascoyne Development Commission

• LandCorp

• Main Roads WA State authorities:

• Environmental Protection Authority

• Water Corporation Non-government organisation:

• Gascoyne Water Co-operative Limited Interest groups:

• Gnaraloo Wilderness Foundation

• Ningaloo Coast World Heritage Advisory Committee (NCWAHAC) A workshop was held with Council on 20 September 2018 to discuss the process to date and for Council to consider the content of the proposed scheme and associated scheme maps. The main changes to the current schemes were highlighted and the text (written statement) of the draft scheme has been modified in response to Council’s comments. After Council has resolved to proceed to advertise draft Local Planning Scheme No. 13 the document will be referred to the Environmental Protection Authority, and to the Western Australian Planning Commission; provided these authorities are satisfied with the content of the scheme, the draft scheme will be publicly advertised for a period of 90 days. During this time stakeholders may make submissions on the scheme, and opportunities for informal consultation will be provided to the community and other stakeholders. Statutory Environment: Planning and Development Act 2005 Provides for the preparation of a local planning scheme by local government. Planning and Development (Local Planning Schemes) Regulations 2015 Includes model provisions and deemed provisions that apply to all operating local planning schemes in Western Australia. Environmental Protection Act 1986 Section 48A provides for the EPA to determine if a local planning scheme should be assessed. Financial Implications: Shire officers have included the costs associated with the preparation of the new scheme in the 2017/18 and 2018/19 budgets.


Risk Assessment: There are no risks associated with the officer’s recommendation. Community & Strategic Objectives: The matter accords with the following Shire desired outcomes as expressed in the Carnarvon Strategic Community Plan 2018-2028:

Objective 2 Natural and built environment A sustainable natural and built environment that meets current and future community needs

Item 2.7 Regulated land use to meet the current and future needs of the community

2.7.1 Incorporate appropriate planning controls for land use planning and development

2.7.2 Adopt appropriate land use planning and building regulation practices

Objective 5 Civic Strong and listening Council

Item 5.2 The Shire has a high standard of governance and accountability


5.2.2 Highly capable executive leadership and management

Comment: The work undertaken on the draft scheme by the Shire’s planning consultant Pam Baskind is consistent with the relevant State planning policies and the Planning and Development (Local Planning Schemes) Regulations 2015; the draft scheme also includes significant input from the Shire of Carnarvon Council and from stakeholder groups within the district, as well as input from senior officers of the Department of Planning, Lands and Heritage. The completion of a new single scheme consistent with the model scheme provisions will ensure that the application of planning policy within the Shire is consistent across the district, and that the scheme is generally consistent with other schemes across the State. It is recommended that Council resolve to refer the draft scheme to the Western Australian Planning Commission and the Environmental Protection Authority, and to proceed to advertise the draft scheme without modification, provided that changes are not required to be made to the scheme as a result of the required referrals. Should changes be required to the draft scheme, the document will need to be referred back to Council for their consideration. OFFICER’S RECOMMENDATION

1. Pursuant to Section 72 of the Planning and Development Act 2005 and Regulation 21(1) of the Planning and Development (Local Planning Schemes) Regulations 2015 to proceed to advertise the draft Shire of Carnarvon Local Planning Scheme No. 13 without modification.

2. Pursuant to Regulation 21(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, authorise the Chief Executive Officer to submit 2 (two) copies of the draft Shire of Carnarvon Local Planning Scheme No. 13 to the Western Australian Planning Commission for examination;

3. Pursuant to Section 81 of the Planning and Development Act 2005, authorise the Chief Executive Officer to refer draft Shire of Carnarvon Local Planning Scheme No. 13 and any required supporting information to the Environmental Protection Authority for a decision to assess or not to assess the Scheme under section 48A of the Environmental Protection Act 1986; and

4. Authorise the Chief Executive Officer to respond to any advice that may be received from the Western Australian Planning Commission pursuant to Regulation 21(4) that modification of the local planning scheme may be required before advertising.


Advice Notes:

i. The draft Shire of Carnarvon Local Planning Scheme No. 13 cannot be advertised until advice has been received from the Western Australian Planning Commission and from the Environmental Protection Authority;

ii. The Western Australian Planning Commission may request modifications be made to draft Scheme prior to advertising; and

iii. The draft Scheme is required to be advertised for a minimum period of 90 days. FC 11/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Smith/Cr Maslen

1. Pursuant to Section 72 of the Planning and Development Act 2005 and Regulation 21(1) of the Planning and Development (Local Planning Schemes) Regulations 2015 to proceed to advertise the draft Shire of Carnarvon Local Planning Scheme No. 13 without modification.

2. Pursuant to Regulation 21(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, authorise the Chief Executive Officer to submit 2 (two) copies of the draft Shire of Carnarvon Local Planning Scheme No. 13 to the Western Australian Planning Commission for examination;

3. Pursuant to Section 81 of the Planning and Development Act 2005, authorise the Chief Executive Officer to refer draft Shire of Carnarvon Local Planning Scheme No. 13 and any required supporting information to the Environmental Protection Authority for a decision to assess or not to assess the Scheme under section 48A of the Environmental Protection Act 1986; and

4. Authorise the Chief Executive Officer to respond to any advice that may be received from the Western Australian Planning Commission pursuant to Regulation 21(4) that modification of the local planning scheme may be required before advertising.

Advice Notes:

i. The draft Shire of Carnarvon Local Planning Scheme No. 13 cannot be advertised until advice has been received from the Western Australian Planning Commission and from the Environmental Protection Authority;

ii. The Western Australian Planning Commission may request modifications be made to draft Scheme prior to advertising; and

iii. The draft Scheme is required to be advertised for a minimum period of 90 days.


8.3.2 S91 LICENCE RENEWAL FOR QUAD TREKS TOURS CORAL BAY File No: A2296 Date of Meeting: 27 November 2018 Location/Address: Coral Bay / Mauds landing Name of Applicant: Kalay Enterprises Name of Owner: State of WA – responsible authority for issuing Licence: Department of Planning Lands and Heritage Author/s: Paul Lees, Executive Manager Development Services Matthew Tallon, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple majority Previous Report: 28 November 2017, 22 August 2017


Summary of Item: This report relates to the renewal of a licence for the use of Crown land for off-road scenic tours departing from Coral Bay townsite. The licence is proposed to be granted under section 91 of the Land Administration Act 1997 for a period of two (2) years. Council previously resolved to support the renewal of the licence, however changes to the proposed route as a result of conservation works has meant that the matter requires Council’s further consideration. Figure series 1 illustrates the routes previously supported by Council on 28 November 2017. The Department of Biodiversity Conservations and Attractions (DBCA) amended routes can be found at Figure series 2, the new routes see tracks near the Coral Bay Boat Ramp, Snapper Headland moved inland and various tracks to and around Maud Point/Jetty removed.

Figure series 1: Coral Bay: ATV Routes, North and South

Figure series 2: Amended north and south tracks as per DBCA’s requirements for coastal protection and revitalization.


Description of Proposal: The Department of Planning Lands and Heritage (DPLH) has requested the Shire’s comments on the route changes, as these amendments to the route were required by the DBCA. The proposed changes will provide coastal foreshore protection consistent with the current policies of the DBCA. Background: The following is a summary of the history of the matter under consideration:

• Shire officers received a request in October 2017 to provide comments on the renewal of the section 91 Licence with the tracks as seen in Figure series 1. This request can be found at Schedule 8.3.2 (a);

• Council resolved to support the issuing of the section 91 Licence at the Ordinary Meeting of Council of 28 November 2017;

• The Department of Biodiversity Conservations and Attractions (DBCA) recommended that the proposed routes be amended in order to reduce impacts of erosion on sensitive coastal areas. Correspondence from DPLH notifying the amended routes as illustrated in Figure series 2 can be found at Schedule 8.3.3 (b);

• The DPLH has therefore requested the Shire’s comments on the amended routes. Consultation: DPLH as part of their due process in issuing a section 91 Licence under the Land Administration Act 1997, has consulted with relevant authority including the Shire of Carnarvon. Shire officers have enquired of the DBCA regarding the reasons for the route change which are clearly outlined in this report. Statutory Environment: The Land Administration Act 1997 Section 91 states: “The Minister may grant a licence or profit à prendre in respect of Crown land for any purpose”. The DPLH issues the said licence, and the Shire of Carnarvon, as local authority, is a commenting party to this licence application. The Shire of Carnarvon as the relevant Local Government has been consulted as a key stakeholder. In regard to Local Planning Scheme 11 (LPS 11) the majority of the tracks are located within rural zoned land, and the use can be defined as ‘private recreation’ which is considered by the Scheme to be a permitted use. Financial Implications: There are no financial implications for the Shire relating to the issue of the Section 91 Licence by the Department of Planning Lands and Heritage. Risk Assessment: There are no risks associated with the Shire’s support of the section 91 Licence by the Department of Planning Lands and Heritage. Community & Strategic Objectives: Shire of Carnarvon Strategic Community Plan 2018 – 2028.

Objective 1 Economic

Item 1.2 Thriving tourism industry within the district/region

Outcome 1.2.1

Promote the district of the Shire of Carnarvon as a tourism destination within the wider Coral Coast tourism region

Objective 2 Natural and built environment

Item 2.2 Open, accessible, healthy foreshore and waterways

Outcome 2.2.2

Work with operators and government agencies to enhance the Coral Bay Beach precinct

Policy Implications


State Planning Policy 6.3 Ningaloo Coast and the Ningaloo Coast Regional Strategy Carnarvon to Exmouth are relevant to the consideration of support for the licence. The support for the section 91 licence as proposed is considered to be consistent with these policy documents. Overall comment: As noted above the matter of support for a section 91 licence has previously been supported by Council. The proposed changes to the routes are in response to further conservation works in the area by the DBCA and it is suitable to acknowledge that the amended routes achieve the above objectives of thriving tourism and the maintenance of a healthy foreshore. It is therefore recommended that Council’s support for the licence be provided. OFFICER’S RECOMMENDATION That Council,

1. Resolve to support the issue of a Section 91 Licence to Kalay Enterprises Pty Ltd. for “Quad Treks” on existing tracks marked as a red line on the attached maps, and inform the Department of Planning, Lands and Heritage in writing accordingly.

2. Direct the Acting Chief Executive Officer to advise the Department of Planning, Lands and Heritage of Council’s resolution in regard to the issuing of a Section 91 Licence to Kalay Enterprises for use of off road quad bike tours.

FC 12/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Simpson/Cr Garrett That Council,

1. Resolve to support the issue of a Section 91 Licence to Kalay Enterprises Pty Ltd. for “Quad Treks” on existing tracks marked as a red line on the attached maps, and inform the Department of Planning, Lands and Heritage in writing accordingly.

2. Direct the Acting Chief Executive Officer to advise the Department of Planning, Lands and Heritage of Council’s resolution in regard to the issuing of a Section 91 Licence to Kalay Enterprises for use of off road quad bike tours.

CARRIED

F7/A0 8.3.3 1.7M HIGH FRONT FENCE AT LOT 695 (325) ROBINSON ST EAST CARNARVON File No: A706 Date of Meeting: 27 November 2018 Location/Address: Lot 695 (325) Robinson St East Carnarvon WA 6701 Name of Applicant: Keith Deimel Name of Owner: Keith Deimel Author/s: Paul Lees, Executive Manager Development Services Matthew Tallon, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: N/A _______________________________________________________________________________________ Summary of Item: This item relates to an application for a 1.7m high front fence for a residential property at Lot 695 (325) Robinson Street within an established residential strip interfacing the East Carnarvon commercial and industrial area. The application is being presented to Council for a decision as it does not meet the ‘deemed to comply’ criteria of State Planning Policy 3.1 Residential Design Codes (R-codes) regarding


acceptable street frontage fence heights. Figure 1 below shows the subject land, and its setting within the Robinson Street context. The application can be found at Schedule 8.3.3 (a).

Figure 1 Lot 695 Robinson Street - proposal site

Description of Proposal: The application includes a hand drawn site plan and elevation of the fence. As noted, the 1.7m high solid front fence is not ‘deemed-to-comply’ under the R-codes as it does not provide for surveillance of the street. The development application seeks approval for a fence of post and rail construction with colorbond sheeting (see Figure 2 below with the site plan as lodged).


Figure 2 Lodged site plan indicating fencing location

The landowner has advised that he is experiencing issues with the property due to the open front nature and the fact that there is no existing residence and no barriers to entry; this has encouraged unlawful entry and vandalism. The applicant believes that developing a 1.7m high solid front fence will discourage trespassing on his property. Background: As noted above the applicant is of the view that erecting a 1.7m high solid front fence will improve security to the property. As the fence does not comply with the R-codes, Council’s approval is required. As background, the R-codes were introduced to provide acceptable amenity outcomes for residential living. The R-codes also include built form outcomes that are considered to assist in reducing antisocial behaviour. The requirement for visually permeable fencing to street frontages is based on the view that surveillance of the street by residents has an impact on positive community behaviour.


A full assessment of the application can be found at Schedule 8.3.3(b).

Consultation: Under section 4.1.2 of the R-codes where the ‘deemed to comply’ criteria is not met, consultation is required with adjoining residents. The applicant owns the adjoining property at 327 Robinson Street and therefore no consent was required from that property. A statement from the resident of 323 Robinson Street was included in the application from the adjoining resident at 323 Robinson Street supporting the application. Statutory Environment: Planning and Development Act 2005 As defined under the Planning and Development Act 2005 (the Act), ‘development’ means the development or use of any land. The use of the land in this instance being the construction of a fence on a residential lot. As the deemed to comply requirements of the R-Codes are not satisfied, the proposal is exempt from requiring approval under the Act. Shire of Carnarvon Local Planning Scheme No. 10 Lot 695 Robinson Street is zoned ‘Residential’ under the scheme. All residential development is exempt from development approval given it meets the ‘deemed to comply’ criteria of the Residential Design Codes. As noted above, the performance criteria of the R-codes have not been met. State Planning Policy 3.1 Residential Design Codes The R-codes provide state-wide design control for residential development. The R-codes establish limitations as to building heights and associated setbacks, provision of open space, appropriate access and appropriate use. Designing Out Crime Guidelines for Western Australia is considered within various policy and planning decisions and influences the ‘deemed-to-comply’ criteria of the R-codes. The R-codes address designing out crime in some ways, most predominant is the initiative to retain a relationship between the public domain and residential land use via ‘natural surveillance’. This is achieved by the establishment of the following ‘deemed to comply’ criteria: 6.2.2 Street Walls and Fences ‘deemed-to-comply’ provisions state: Front fences within the primary street setback area that are visually permeable to 1.2m above natural ground level measured from the primary street side of the front fence. The Design Principles state: Front fences are low or restricted in height to permit surveillance and enhance streetscape, with appropriate consideration to the need:

• For attenuation of traffic impacts where the street is designated as a primary or district distributor or integrator arterial; and

• For necessary privacy or noise screening for outdoor living areas where the street is designated as a primary or district distributor or integrator arterial.

The R-codes allow for applications to be considered on the merit of the proposal if it does not meet the performance criteria listed as ‘deemed-to-comply’. In this instance, the ‘deemed-to-comply’ criteria and design principles for Street Walls and Fences have not been met and thus, Councils consideration is required. The design principle considerations in regard to attenuation of traffic movements and noise is relevant. As Robinson Street is a high traffic environment the consideration of the points outlined above is important. The 1.7m high front fence will provide privacy and security and will screen traffic movements from within the property. Financial Implications: The proposal does not create any financial implications for the Shire of Carnarvon. Risk Assessment: With conditions as proposed, there is a risk associated with this proposal.


Community & Strategic Objectives: Shire of Carnarvon Strategic Community Plan 2018 – 2028.

Objective 2 Natural and Built Environment

Item 2.6 Shire assets and facilities that support services and meet community need

Outcome 2.6.3 Town footpaths and verges are appropriately managed according to their need and use

Objective 5 Civic

Item 5.2 The Shire has a high standard of governance and accountability

Outcome 5.2.1 Robust decision-making by culturally aware, well-informed and supported Councillors

Outcome 5.2.3 Risks are well managed

Outcome 5.2.4 The Shire will apply sustainability principles in its own operators

Policy Implications: There are no policy impacts relating to this application. Comment: The proposed fencing will provide privacy and will attenuate the impacts of the Robinson Street traffic on the amenity values of the property. The considerations of the design principles of the R-codes are relevant to this proposal, it is therefore recommended that the application as lodged, with the addition of articulation along the fence sight lines relating to vehicle movement be approved. OFFICER’S RECOMMENDATION That Council, Pursuant to Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 Deemed provisions grant development approval for application P38/18 for development of land at Lot 695 (325) Robinson Street East Carnarvon for a 1.7m high front fence Colourbond post and rail within the primary street front setback subject to the following conditions:

1. The development is generally to be in accordance with the approved plans as lodged on 23 August 2018, except as modified by conditions of approval and the amended site plan.

2. A 1.5m wide x 1.5m deep truncation at a 45° angle must be established on either side of the driveway to ensure sufficient sight lines for egressing vehicles as per SPP 3.1 Residential Design Codes Figure 9a.

Advice notes:

1. If the development, the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

2. If an applicant or owner is aggrieved by this determination, there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 part 14. An application must be made within 28 days of the determination.

3. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011. It is the responsibility of the applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Services on (08) 9941 0000.


4. Condition 2 requires the vehicle access gates to be articulated to ensure vehicle operators can observe pedestrians and cyclists using the Robinson Street path networks.

FC 13/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Maslen/Cr Garrett That Council, Pursuant to Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 Deemed provisions grant development approval for application P38/18 for development of land at Lot 695 (325) Robinson Street East Carnarvon for a 1.7m high front fence Colourbond post and rail within the primary street front setback subject to the following conditions:

1. The development is generally to be in accordance with the approved plans as lodged on 23 August 2018, except as modified by conditions of approval and the amended site plan.

2. A 1.5m wide x 1.5m deep truncation at a 45° angle must be established on either side of the driveway to ensure sufficient sight lines for egressing vehicles as per SPP 3.1 Residential Design Codes Figure 9a.

Advice notes:

1. If the development, the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

2. If an applicant or owner is aggrieved by this determination, there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 part 14. An application must be made within 28 days of the determination.

3. This approval does not confer approval under other relevant legislation, including but not limited to, the Building Act 2011. It is the responsibility of the applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Services on (08) 9941 0000.

4. Condition 2 requires the vehicle access gates to be articulated to ensure vehicle operators can observe pedestrians and cyclists using the Robinson Street path networks.

CARRIED F7/A0

8.3.4 PROPOSED 24HR UNSTAFFED FUEL BOWSER AT WORLD FUEL SERVICES - CARNARVON AIRPORT File No: A3057 Date of Meeting: 27 November 2018 Location/Address: Lot 547 (26) James St, Carnarvon WA 6701 Name of Applicant: Alastair Urquhart, World Fuel Services Pty Ltd Name of Owner: Shire of Carnarvon Author/s: Paul Lees, Executive Manager Development Services Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: 28 August 2018

Summary of Item:


To recommend to the Council the approval of a Development Application for a 24-hour unstaffed aviation fuel bowser with associated infrastructure at Carnarvon Airport (Shire Reserve) for World Fuel Services Pty Ltd who has a lease over the subject area within the airport precinct. The proposal should be considered as forming part of the existing fuel supply infrastructure. The proposed use is within Shire Reserve (Airport) and therefore the Development Application must be submitted to Council for a decision. Description of Proposal: The subject land at Lot 547 James St, Carnarvon is zoned ‘Reserve – Airport’ under the Shire of Carnarvon

Local Planning Scheme No. 10. The land use can be classified as ‘Fuel Depot’ which means: “land, buildings

and equipment used for the bulk storage, dispending and sale in bulk quantities of liquid or gaseous fuel but

does not include a service station.” The application is for the addition of a 24-hour unstaffed fuel bowser

with fuel supplied from the existing tank infrastructure owned by World Fuel Services Pty ltd.

The full application can be found at Schedule 8.3.4 (a). The site plan and lease area can be seen below in Figures 1 and 2.

Figure 3 Proposed fuel bowser and above ground pipework within lease area


Figure 4 Lease area adjoining runway apron Background: World Fuel Services Pty Ltd currently utilises tankers to provide fuel for plane refueling on the apron area at

the airport. Given the fuel suppliers location and orientation to the site, it is considered more efficient for

the supplier to deliver fuel directly from the existing infrastructure through a pipe and bowser network. The

assessment of the proposal against Local Planning Scheme No. 10 can be found at Schedule 8.3.4 (b).

Consultation: Under clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 and application for development approval can be advertised in one or more of the following ways:

a) By giving notice of the proposed use or development to owners and occupiers of properties in the vicinity of the development who, in the opinion of the local government, are likely to be affected by the granting of development approval, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is given to the person

The then Airport Operations Manager, Mr. Gary Wright was asked to comment on the Development Application, through the Executive Manager Community and Corporate Services. The advice from Corporate and Community Services can be found at Schedule 8.3.4 (c). The Civil Aviation Safety Authority (CASA) was consulted in regard to Civil Aviation Order 20.9 (Civil Aviation Order 20.9: Air service operations – precautions in refuelling, engine and ground radar operation) made under sub regulation 235(7) of the Civil Aviation Regulations 1998. CASA has advised that the proposal complies with the required buffer distance between fuel outlet and sealed buildings/hangars, however further approval is required from the Airport Operations Manager via the completion and compliance with a risk assessment to ensure that in mitigating one risk we are not creating another risk. The advice of CASA can be found at Schedule 8.3.4 (d). Statutory Environment:


Planning and Development Act 2005 As defined under the Act, ‘development’ means the development or use of any land. The development and use of the land in this instance being the distribution and sale of aviation fuel. Therefore, the proposal is not exempt from requiring development approval under the Planning and Development Act 2005. Shire of Carnarvon Town Planning Scheme No. 10 Lot 547 (26) James Street Carnarvon is zoned ‘Reserve – Airport’ see figure 3 below:

Figure 5 Scheme 10 Zoning

Relevant Plans and Policy: Civil Aviation Safety Authority (CASA) Civil Aviation Order 20.9. This is national legislation that must be complied with, and CASA will enforce the compliance of the order. Financial Implications: There are no financial implications for the Shire of Carnarvon in relation to the approval of this application. Risk Assessment: The proposal has been considered against Civil Aviation Order 20.9 (Air Service operations – precautions in refuelling, engine and ground radar operations) in regard to the required operational buffers. All relevant safety regulations relating to airport operations, and the handling of flammable and combustible liquids must be met prior to the operation of the facility. It is proposed that the above matters be addressed through the inclusion of a condition of approval requiring evidence that the facility meets all required safety regulations as part of the overall airport operation. The following condition is therefore recommended in the Notice of Determination: World Fuel Services shall engage the services of a suitably qualified and experienced airport safety specialist to review all safety requirements relating to the operation of the facility and shall provide a written report to the Shire of Carnarvon Chief Executive Officer confirming that all airport safety requirements have been met. Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcome as expressed in the Carnarvon Strategic Community Plan 2018-2028:


Objective 1: A STRONG AND GROWING ECONOMY, WITH A THRIVING REGIONAL CENTRE, ABUNDANT BUSINESS OPPORTUNITES AND JOBS.

Item 1.3 Transport hubs that support a thriving region

1.3.1 Provide and maintain airports at Carnarvon and Coral Bay

Objective 2: A SUSTAINABLE NATURAL AND BUILT ENVIRONMENT THAT MEETS CURRENT AND FUTURE COMMUNITY NEEDS

Item 2.7 Regulated land use to meet the current and future needs of the community

2.7.1 Incorporate appropriate planning controls for land use planning and development

Comment: The proposal augments the existing arrangement for refuelling at the Carnarvon airport, providing safe, convenient and efficient fuelling operations for airport aircraft. OFFICER’S RECOMMENDATION

Pursuant to Clause 68 of the Shire of Carnarvon Local Planning Scheme No. 10 Deemed Provisions grant development approval for application P30/18 for development of land at Lot 547 on HN 16 James Street Carnarvon WA 6701 for the construction of a 24hr ‘unmanned’ fuel bowser subject to the following conditions:

1. The development is to be generally in accordance with the plans submitted by World Fuel Services and approved by this determination.

2. World Fuel Services shall engage the services of a suitably qualified and experienced airport safety specialist to review all safety requirements relating to the operation of the facility and shall provide a written report to the Shire of Carnarvon Chief Executive Officer confirming that all airport safety requirements have been met.

3. World Fuel Services shall undertake marking on the apron area consistent with the requirements of the above report (condition 2 above) to the satisfaction of the Airport Operations Manager.

Advice notes:

a) If the development the subject of this approval is not substantially commenced within a period of two (2) years, or another period specified in the approval after the date of determination, the approval will lapse and be of no effect.

b) If an applicant or owner is aggrieved by this determination, there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 part 14. An application must be made within 28 days of the determination.

c) This approval does not confer approval under other relevant legislation, including but not limited to, CASA Civil Aviation Order 20.9. It is the responsibility of the applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Services on (08) 9941 0000.

FORESHADOWED MOTION Cr Brandenburg Pursuant to Clause 68 of the Shire of Carnarvon Local Planning Scheme No. 10 Deemed Provisions grant development approval for application P30/18 for development of land at Lot 547 on HN 16 James Street Carnarvon WA 6701 for the construction of a 24hr ‘unmanned’ fuel bowser subject to the following conditions:


2. World Fuel Services shall engage the services of a suitably qualified and experienced airport safety specialist to review all safety requirements relating to the operation of the facility and shall provide a


written report to the Shire of Carnarvon Chief Executive Officer confirming that all airport safety requirements have been met.


Advice notes: a) If the development the subject of this approval is not substantially commenced within a period of two (2)

years, or another period specified in the approval after the date of determination, the approval will lapse and be of no effect.


c) This approval does not confer approval under other relevant legislation, including but not limited to, CASA Civil Aviation Order 20.9. It is the responsibility of the applicant to determine any necessary approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Services on (08) 9941 0000.

FC 14/11/18 COUNCIL RESOLUTION Cr Smith/Cr Maslen The matter be referred back to the Chief Executive Officer to ensure aviation regulatory compliance is achieved, documented and included in the item prior to being brought back to Council.

LOST F3/A4

Cr’s Pinner, Maslen and Smith voted for the motion The Foreshadowed Motion then became the Substantive Motion and was put. FC 15/11/18 COUNCIL RESOLUTION & OFFICERS RECOMMENDATION Cr Brandenburg/Garrett Pursuant to Clause 68 of the Shire of Carnarvon Local Planning Scheme No. 10 Deemed Provisions grant development approval for application P30/18 for development of land at Lot 547 on HN 16 James Street Carnarvon WA 6701 for the construction of a 24hr ‘unmanned’ fuel bowser subject to the following conditions:


2. World Fuel Services shall engage the services of a suitably qualified and experienced airport safety specialist to review all safety requirements relating to the operation of the facility and shall provide a written report to the Shire of Carnarvon Chief Executive Officer confirming that all airport safety requirements have been met.


Advice notes: a) If the development the subject of this approval is not substantially commenced within a period of two (2)

years, or another period specified in the approval after the date of determination, the approval will lapse and be of no effect.


c) This approval does not confer approval under other relevant legislation, including but not limited to, CASA Civil Aviation Order 20.9. It is the responsibility of the applicant to determine any necessary


approvals required and obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire of Carnarvon Building Services on (08) 9941 0000.

CARRIED

F4/A3 Cr’s Pinner, Maslen and Smith voted against the motion

8.4 INFRASTRUCTURE SERVICES 8.4.1 INFRASTRUCTURE MONTHLY REPORT – NOVEMBER 2018

File No: – Date of Meeting: 27 November 2018 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Wayne Sanderson – Infrastructure Operations Manager Gloria Quinn – Assets Co-ordinator Declaration of Interest: Nil Voting Requirements: Simple majority Previous Report: – ________________________________________________________________________________________________

Summary of Item: For Council to receive information on projects and activities undertaken by the Infrastructure section via the ‘Infrastructure Monthly Report’ attached at Schedule 8.4.1(a).

Description of Proposal: The Infrastructure Monthly Report provides information on the major activities of the Infrastructure section for the previous month.

Background: Recurrent report.

Consultation: Nil

Statutory Environment: Nil

Relevant Plans and Policy: Nil

Financial Implications: Nil

Risk Assessment: N/A


Community & Strategic Objectives:

Goal 5: Civic

Strong and listening Council.




Comment: N/A OFFICER’S RECOMMENDATION That Council receive the Infrastructure Monthly Report for November 2018. FC 16/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr Smith That Council receive the Infrastructure Monthly Report for November 2018.

CARRIED F7/A0

8.4.2 CORAL BAY TIPSITE EXPANSION

File No: ADM0125 Date of Meeting: Tuesday 27th November 2018 Location/Address: Sanctuary Road Coral Bay, Reserve R44763 being Lot 530 on Plan

64057 Name of Applicant: Shire of Carnarvon Name of Owner: State of WA Author/s: David Nielsen Declaration of Interest: N/A Voting Requirements: Recommendation 1 - Simple Majority

Recommendation 2 - Simple Majority Recommendation 3 - Absolute Majority

Summary of Item: Extension of the Coral Bay Waste Facility is required. This report requests Council to:

a) Submit its formal request to the Department of Lands for the Coral Bay Waste facility reserve to be expanded and dedicated in accordance with the preferred option presented;

b) Provide indemnification of the State of Western Australia against any claims arising under the Commonwealth Native Title Act (1993); and

c) Delegate authority to the CEO to negotiate and finalise all matters associated with the expansion of the Coral Bay tipsite.

Description of Proposal: The proposal is to expand the existing waste facility to ensure future community needs for waste management are met. The current facility is nearing capacity. Two options were initially identified, namely A and A+B as indicated in Schedule 8.4.2(a).


Area A + B option is the preferred option as it will provide significant long-term capacity for waste management for the Coral Bay community. A formal request from Council is required to initiate this process. Indemnification of the State from any claims arising under the Commonwealth Native Title Act is also required. This indemnification is a current requirement for all State Land transactions and without such indemnification, the transaction cannot proceed. Background: Reserve 44763 is currently for “Public Utilities Services”. The Shire seeks to amend Reserve 44763 to “Waste Disposal Facility”. The Department of Environmental Regulation (DER) has issued a licence for the existing site which reflects the future site expansion. It identifies ground water monitoring requirements and incorporates future recycling of waste materials. The site is a “dry landfill site” with no emissions of Leachate or Methane gas. However, as Coral Bay coastline forms part of the Ningaloo Reef Marine Park the DER deems it necessary for the Shire to provide monitoring bores. The proposed expansion should serve the community needs for an extended period and will allow for future growth of the area if that occurs. Consultation: Prior consultation has occurred with the Department of Lands, Department of Environmental Regulation, Shire Departments: Infrastructure, Planning and Health Statutory Environment: Sections 41 and 46 of the Land Administration Act 1997 applies. 41. Reserving Crown land, Minister’s powers as to Subject to section 45(6), the Minister may by order reserve Crown land to the Crown for one or more purposes in the public interest. 46. Care, control and management of reserves (1) The Minister may by order place with any one person or jointly with any 2 or more persons the care, control and management of a reserve for the same purpose as that for which the relevant Crown land is reserved under section 41 and for purposes ancillary or beneficial to that purpose and may in that order subject that care, control and management to such conditions as the Minister specifies. The Commonwealth Native Title Act 1993, Section 24KA Facilities for services to the public applies as follows: Coverage of Subdivision (1) This Subdivision applies to a future act if:

(a) it relates, to any extent, to an onshore place; and (b) it either:

(i) permits or requires the construction, operation, use, maintenance or repair, by or on behalf of any person, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; or (ii) consists of the construction, operation, use, maintenance or repair, by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities, of any of the things listed in subsection (2) that is to be operated, or is operated, for the general public; and


(c) it does not prevent native title holders in relation to land or waters on which the thing is located or to be located from having reasonable access to such land or waters in the vicinity of the thing, except:

(i) while the thing is being constructed; or (ii) for reasons of health and safety; and

(d) a law of the Commonwealth, a State or a Territory makes provision in relation to the preservation or protection of areas, or sites, that may be:

(i) in the area in which the act is done; and (ii) of particular significance to Aboriginal peoples or Torres Strait Islanders in accordance with their traditions.

Section 5.42 of the Local Government Act 1995 also applies. 5.42. Delegation of some powers and duties to CEO (1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under — (a) this Act other than those referred to in section 5.43; or (b) the Planning and Development Act 2005 section 214(2), (3) or (5). * Absolute majority required. Relevant Plans and Policy: N/A Financial Implications: The Shire of Carnarvon will need to meet costs associated with the reserve expansion process. The total cost of the completed preliminary survey is $4,120. Additional costs will be incurred for the preparation of designs, specifications, site works, fencing, monitoring bores and water supply. A total of $175.000 has been allocated to the Coral Bay tip expansion in the 18/19 budget. Risk Assessment: The State Government requires an indemnity from the Shire against any claims arising under the Native Title Act 1993. This presents Council with risk of a future claim for compensation. It is considered that the risk of a claim is low and that in the event of a claim being made, compensation payable would not be a large sum being equivalent to the unimproved value of the affected land. Negotiations with the State have been ongoing to limit on the level of indemnity and Council will be kept advised of developments. Community & Strategic Objectives:

Goal 2: Natural and built environment

A sustainable natural and built environment that meets current and future community needs


2.4 Waste management practices that are efficient and sustainable

2.4.2 Provide landfill disposal facilities in Carnarvon and Coral Bay

Comment: Nil.


OFFICER’S RECOMMENDATION 1 That Council; requests the Minister to set aside a reserve under the care and control of the Shire of Carnarvon for the purposes of a Rubbish Disposal Facility being the area of land indicated in Schedule 8.4.2(b). OFFICER’S RECOMMENDATION 2 Pursuant to Section 24KA of the Native Title Act 1993, the Shire of Carnarvon agrees that it will indemnify and keep indemnified the State of Western Australia, the Department of Planning, Lands and Heritage and the Minister for Lands and hold them harmless from and against all liabilities, obligations, costs, expenses or disbursements of any kind including, without limitation, compensation payable to any party under the Native Title Act 1993 (Cth) which may be imposed on, or incurred by the Indemnified Parties relating to or arising directly or indirectly from the proposed reservation of the Coral Bay Rubbish Disposal Facility land. OFFICER’S RECOMMENDATION 3 That Council, pursuant to Section 5.42 of the Local Government Act (1995) delegates authority to the CEO to make any necessary non-material amendments and finalise execution of all matters associated with the Coral Bay Coral Bay Rubbish Disposal Facility subject to Council being kept advised of progress of the matter. (Absolute Majority Required) FC 17/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1 Cr Simpson/Cr Garrett That Council requests the Minister to set aside a reserve under the care and control of the Shire of Carnarvon for the purposes of a Rubbish Disposal Facility being the area of land indicated in Schedule 8.4.2(b).

CARRIED F7/A0

FC 18/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 2 Cr Garrett/Cr Simpson Pursuant to Section 24KA of the Native Title Act 1993, the Shire of Carnarvon agrees that it will indemnify and keep indemnified the State of Western Australia, the Department of Planning, Lands and Heritage and the Minister for Lands and hold them harmless from and against all liabilities, obligations, costs, expenses or disbursements of any kind including, without limitation, compensation payable to any party under the Native Title Act 1993 (Cth) which may be imposed on, or incurred by the Indemnified Parties relating to or arising directly or indirectly from the proposed reservation of the Coral Bay Rubbish Disposal Facility land.

CARRIED F7/A0

FC 19/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 3 Cr Garrett/Cr Simpson That Council, pursuant to Section 5.42 of the Local Government Act (1995) delegates authority to the CEO to make any necessary non-material amendments and finalise execution of all matters associated with the Coral Bay Rubbish Disposal Facility subject to Council being kept advised of progress of the matter.



8.4.3 REMOTE AIRSTRIP UPGRADE PROGRAM FUNDING APPLICATION

File No: ADM1873 Date of Meeting: 27 November 2018 Location/Address: Carnarvon Airport and Coral Bay Airstrip Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: David Nielsen – Exec Manager Infrastructure Services Declaration of Interest: Nil Voting Requirements: Simple majority Previous Report: N/A ________________________________________________________________________________________________

Summary of Item: For Council to provide formal support of funding application submissions under Round 6 of the Remote Airstrip Upgrade Program (RAUP) for upgrades to the Carnarvon Airport and the Coral Bay airstrip. Description of Proposal: A condition of the funding application under the RAUP Scheme is to include evidence of support from the Council. Without this support, the funding application may not be accepted. This report sets out an overview of the proposed projects and their associated costs.

Background: Funding applications have been lodged under the State Government Regional Airport Development Scheme (RADS) for upgrade works at Carnarvon Airport and Coral Bay Airstrip. Applications are also proposed under the Commonwealth RAUP funding program. If successful in both applications, the total funding commitment by Council will be limited to 1/3 of the total. The works proposed are as follows:

1. Carnarvon Airport

• Micro surfacing of Northern General Aviation Apron and Taxiway B

• Surface enrichment sealing of Runway 18/36

• Reinstate Line marking of Runway 18/36 Several options for the Carnarvon Airport were proposed by GHD for consideration. The above option has been selected as it is considered to provide the best balance between affordability and an appropriate level of intervention to preserve and extend the life of existing assets. Costing of other options is provided in Schedule 8.4.3.

2. Coral Bay Airstrip

• Pavement lift and surface vertical alignment correction. Schedule 8.4.3 also shows the extent of works for the Carnarvon Airport and photographs of the surface defects on the northern general aviation apron. The work at Coral Bay consists of a pavement lift for the full length of the existing airstrip and correction of several dips and low areas on the landing strip. Consultation: Consultation with Consulting Engineers GHD, Royal Flying Doctor and WA Dept of Transport have been undertaken. GHD have prepared the RADS funding application for Carnarvon Airport and have been engaged to complete the Carnarvon Airport RAUP application. Coral Bay work has been undertaken internally.


Statutory Environment: Nil

Relevant Plans and Policy: Nil

Financial Implications: The following table sets out the estimated cost of the works and the split between the various contributors if successful with both applications:

Project Description Shire Contribution RADS (State Funding)

RAUP (Commonwealth Funding)

Total (ex GST)

Carnarvon $197,420 $197,420 $197,420 $592,260

Coral Bay $144,000 $144,000 $144,000 $432,000

Total $336,420 $336,420 $336,420 $1,024,260

Councils existing airport reserve is $49,425. The adopted four-year budget allocates $220,000 toward upgrade works at Carnarvon and Coral Bay airstrips to the period ending June 2022. An additional $66,995 above that currently allocation would therefore need to be sourced to complete the proposed projects. This is considered achievable. Risk Assessment: N/A Community & Strategic Objectives:

Goal 1: Economic

A strong and growing economy, with a thriving regional centre, abundant business opportunities and jobs.


1.3 Transport hubs that support a thriving region

1.3.1 Provide and maintain airports at Carnarvon and Coral Bay

1.3.2 Develop industry and logistics precincts around the airports

Comment: Supporting the application does not formally commit Council to any expenditure. That would occur upon execution of a funding agreement. Projects under both funding programs are required to be completed by June 2022. It is proposed to carry out the Carnarvon works from July 2019 to with completion in April 2020. It is proposed to carry out the Coral Bay works from July 2020 to October 2020. OFFICER’S RECOMMENDATION That Council supports the proposed upgrade projects for Carnarvon Airport and Coral Bay Airstrip and is willing to accept responsibility to complete the project and meet the costs of the project not covered by grant funding.


FC 20/11/18 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr Garrett/Cr Youd

That Council supports the proposed upgrade projects for Carnarvon Airport and Coral Bay Airstrip and is willing to accept responsibility to complete the project and meet the costs of the project not covered by grant funding.

CARRIED F4/A3

Cr’s Pinner, Maslen and Smith voted against the motion

9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN Nil

10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF COUNCIL Nil

11.0 DATE OF NEXT MEETING 11.1 The next meeting will be held on Tuesday 18th December 2018 commencing at 8.30am.

12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC Nil _______________________________________________________________________________________ 13.0 CLOSURE: The Presiding Member declared the meeting closed at 9.44am. _______________________________________________________________________________________


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