shire of ashburton ordinary meeting of council agenda clem ... 28 january 2015 (public... · agenda...

AGENDA - ORDINARY MEETING OF COUNCIL 28 JANUARY 2015

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SHIRE OF ASHBURTON ORDINARY MEETING OF COUNCIL

AGENDA

(Public Document)

Clem Thompson Sports Pavilion, Stadium Road, Tom Price 28 January 2015

1.00 pm


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SHIRE OF ASHBURTON

ORDINARY MEETING OF COUNCIL Dear Councillor Notice is hereby given that an Ordinary Meeting of Council of the Shire of Ashburton will be held on 28 January 2015 at Clem Thompson Sports Pavilion, Stadium Road, Tom Price commencing at 1:00 pm. The business to be transacted is shown in the Agenda. Neil Hartley CHIEF EXECUTIVE OFFICER

DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.


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1. DECLARATION OF OPENING..................................................................................... 5 2. ANNOUNCEMENT OF VISITORS ................................................................................ 5 3. ATTENDANCE ............................................................................................................. 5

3.1 PRESENT ...................................................................................................................................... 5 3.2 APOLOGIES .................................................................................................................................. 5 3.3 APPROVED LEAVE OF ABSENCE .............................................................................................. 5

4. QUESTION TIME ......................................................................................................... 5 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE .................................. 5 4.2 PUBLIC QUESTION TIME ............................................................................................................ 5

5. APPLICATIONS FOR LEAVE OF ABSENCE .............................................................. 5 6. DECLARATION BY MEMBERS ................................................................................... 5

6.1 DUE CONSIDERATION BY COUNCILLORS TO THE AGENDA ................................................ 5 6.2 DECLARATIONS OF INTEREST .................................................................................................. 6

7. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .......... 7 8. PETITIONS / DEPUTATIONS / PRESENTATIONS ...................................................... 7

8.1 PETITIONS .................................................................................................................................... 7 8.2 DEPUTATIONS ............................................................................................................................. 7 8.3 PRESENTATIONS ........................................................................................................................ 7

9. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................... 7 9.1 ORDINARY MEETING OF COUNCIL HELD ON 10 DECEMBER 2014 ...................................... 7 9.2 AUDIT COMMITTEE MEETING HELD ON 10 DECEMBER 2014 ............................................... 7

10. AGENDA ITEMS ADOPTED "EN BLOC" .................................................................... 8 10.1 AGENDA ITEMS ADOPTED 'EN BLOC' ....................................................................................... 8

11. GOVERNANCE & EXECUTIVE SERVICE REPORTS ................................................. 9 11.1 PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS DECEMBER 2014 ................ 9 11.2 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH OF

DECEMBER 2014 ....................................................................................................................... 11 12. COMMUNITY DEVELOPMENT REPORTS ................................................................ 14

12.1 COMMUNITY LEASED AND LICENCED PREMISES - SAFETY AND COMPLIANCE ............. 14 12.2 SPORT & RECREATION CONCEPT PLAN FOR AREA W, TOM PRICE ................................. 20

13. CORPORATE SERVICES REPORTS ........................................................................ 25 13.1 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF

NOVEMBER & DECEMBER 2014 .............................................................................................. 25 13.2 BUDGET AMENDMENT / VARIATION ....................................................................................... 27

14. DEVELOPMENT AND REGULATORY SERVICES REPORTS ................................. 30 14.1 NOMINATION OF TWO MEMBERS AND TWO ALTERNATE MEMBERS BY COUNCIL

TO THE PILBARA JOINT DEVELOPMENT ASSESSMENT PANEL ......................................... 30 14.2 REQUEST TO CLOSE PORTIONS OF GAZETTED ROADS 258, 8399 AND 8400

REQUIRED FOR THE INITIAL STAGES OF LANDCORP’S GENERAL INDUSTRIAL AREA AT ANSIA.......................................................................................................................... 33

15. INFRASTRUCTURE SERVICES REPORTS .............................................................. 36 15.1 ASSET MANAGEMENT STRATEGY.......................................................................................... 36

16. STRATEGIC AND ECONOMIC DEVELOPMENT REPORTS .................................... 39 16.1 PROPOSAL TO CHANGE PURPOSE OF RESERVE 38467, TOM PRICE, WITH

POWER TO LEASE AND ENTER INTO A LEASE AGREEMENT WITH ASHBURTON ABORIGINAL CORPORATION FOR THE BIODIESEL TRIAL PLANTATION ........................... 39

17. COUNCILLORS AGENDA ITEMS / NOTICES OF MOTIONS ................................... 44 18. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING ................................................................................................................... 44 19. CONFIDENTIAL MATTERS ....................................................................................... 44 20. NEXT MEETING ......................................................................................................... 45 21. CLOSURE OF MEETING ........................................................................................... 45


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1. DECLARATION OF OPENING

2. ANNOUNCEMENT OF VISITORS

3. ATTENDANCE

3.1 PRESENT

Cr K White Shire President, Onslow Ward Cr L Rumble Deputy Shire President, Paraburdoo Ward Cr D Dias Paraburdoo Ward Cr L Thomas Tableland Ward Cr P Foster Tom Price Ward Cr A Eyre Ashburton Ward Cr D Wright Pannawonica Ward Mr N Hartley Chief Executive Officer

Mr M Sully A/Executive Manager, Community Development Mr F Ludovico Executive Manager, Corporate Services Mr T Davis Executive Manager, Infrastructure Services

Ms A Serer Executive Manager, Strategic & Economic Development

Ms L Reddell A/Executive Manager, Development & Regulatory Services

Ms J Smith Executive Officer

3.2 APOLOGIES Cr Anthony Bloem Tom Price Ward

3.3 APPROVED LEAVE OF ABSENCE Cr Cecilia Fernandez Tom Price Ward

4. QUESTION TIME 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE At the Ordinary Meeting of Council held on 10 December 2014 no public

questions were tabled.

4.2 PUBLIC QUESTION TIME

5. APPLICATIONS FOR LEAVE OF ABSENCE

6. DECLARATION BY MEMBERS

6.1 DUE CONSIDERATION BY COUNCILLORS TO THE AGENDA

Councillors ________________________________ all indicated that they had given due consideration to all matters contained in the Agenda presently before the meeting.


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6.2 DECLARATIONS OF INTEREST

Councillors to Note

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, that will be attended by the member, must disclose the nature of the interest:

(a) In a written notice given to the Chief Executive Officer before the Meeting

or;

(b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

(c) Preside at the part of the Meeting, relating to the matter or;

(d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

NOTES ON FINANCIAL INTEREST (FOR YOUR GUIDANCE)

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

I intend to include these notes in each agenda for the time being so that Councillors may refresh their memory.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measure in money terms. There are exceptions in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e. sporting, social, religious etc), and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e., if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors or ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it MUST be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) or the Local Government Act; or


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6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

7. ANNOUNCEMENTS BY THE PRESIDING PERSON

WITHOUT DISCUSSION 8. PETITIONS / DEPUTATIONS / PRESENTATIONS

8.1 PETITIONS

8.2 DEPUTATIONS

8.3 PRESENTATIONS

9. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 9.1 ORDINARY MEETING OF COUNCIL HELD ON 10 DECEMBER 2014

Officer’s Recommendation That the Minutes of the Ordinary Meeting of Council held on 10 December 2014, as previously circulated on 18 December 2014, be confirmed as a true and accurate record.

9.2 AUDIT COMMITTEE MEETING HELD ON 10 DECEMBER 2014

Officer’s Recommendation That the Minutes of the Audit Committee Meeting held on 10 December 2014, as previously circulated on 17 December 2014, be noted and that the following recommendations be accepted and endorsed:

1. Recommends to Council that it notes the AMD Report – Regulation 17 Risk Audit, including recommendations and the management comments which describe how the recommendations will be implemented; and forwards the AMD Report – Regulation 17 Risk Audit to the Minister for Local Government as required.


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10. AGENDA ITEMS ADOPTED "EN BLOC"

10.1 AGENDA ITEMS ADOPTED 'EN BLOC'

The following information is provided to Councillors for guidance on the use of En Bloc voting as is permissible under the Shire of Ashburton Standing Orders Local Law 2012:

“Part 5 – Business of a meeting Clause 5.6 Adoption by exception resolution:

(1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the officer recommendation as the Council resolution.

(2) Subject to subclause (3), the Local Government may pass an adoption by exception resolution.

(3) An adoption by exception resolution may not be used for a matter; (a) that requires a 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is

different to the recommendation.”


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11. GOVERNANCE & EXECUTIVE SERVICE REPORTS

11.1 PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS DECEMBER 2014

FILE REFERENCE: GV04 AUTHOR’S NAME AND POSITION:

Chelsie Robson CEO & Councillor Support Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 19 January 2015 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 10.1 (Minute No.11477) – Ordinary Meeting of Council 10 April 2013

Summary The purpose of this agenda item is to report back to Council on the progress of the implementation of Council decisions.

Background The purpose of this agenda item is to report back to Council on the progress of the implementation of Council decisions. Comment Wherever possible, Council decisions are implemented as soon as practicable after a Council meeting. However there are projects or circumstances that mean some decisions take longer to action than others.

This report presents a summary of the “Decision Status Reports” for Office of the CEO, Corporate Services, Infrastructure Services, Strategic & Economic Development, Community Development and Development & Regulatory Services.

ATTACHMENT 11.1 Consultation Chief Executive Officer Executive Management Team Statutory Environment Not Applicable Financial Implications Not Applicable


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Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications Not Applicable Voting Requirement Simple Majority Required Recommendation That Council receives the “Decision Status Reports” as per ATTACHMENT 11.1.

Author: Chelsie Robson Signature:

Manager: Neil Hartley Signature:


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11.2 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH OF DECEMBER 2014

FILE REFERENCE: IT03 CM02

LP10.7.0

AUTHOR’S NAME AND POSITION:

Janyce Smith Executive Officer

Susan Babao Administrative Assistant Planning


Not Applicable


The authors have no financial interest in the proposal.


Not Applicable (Never N/A)

Summary The purpose of this agenda item is to report back to Council actions performed under delegated authority for the month of December 2014. This report includes all actions performed under delegated authority for: • The Use of the Common Seal. • Development and Regulatory Services • Approval to Purchase Goods and Services by the Chief Executive Officer (CEO). • Tender Approvals by the Delegations of Authorisation used by the Chief Executive

Officer.

Background All actions performed under delegated authority for the following items are included in ATTACHMENT11.2:

The Use of the Common Seal.

Development and Regulatory Services

Approval to Purchase Goods and Services by the Chief Executive Officer (CEO).

Tender Approvals by the Delegations of Authorisation used by the Chief Executive Officer.

Comment To increase transparency, a report on actions performed under delegated authority has been prepared for Council. This report is prepared for each Council meeting.


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Consultation The Use of the Common Seal Chief Executive Officer Development and Regulatory Services Chief Executive Officer Executive Manager, Development & Regulatory Services Approval to Purchase Goods and Services by the Chief Executive Officer Chief Executive Officer Executive Manager, Community Development Executive Manager, Infrastructure Services Tender Approvals by Delegations of Authorisation used by the Chief Executive Officer Executive Manager, Strategic & Economic Development Statutory Environment The Use of the Common Seal Local Government Act 1995, S9.49A Execution of documents. Development and Regulatory Services Clause 9.3 of the Shire of Ashburton Town Planning Scheme No. 7 Local Government Act 1995, S5.45 – Other matters relevant to delegations under this Division, S5.70 – Employees to disclose interest relating to advice or reports, S5.71 – Employees to disclose interests relating to delegated functions. Approval to Purchase Goods and Services by the Chief Executive Officer Tender Approvals by Delegations of Authorisation used by the Chief Executive Officer Local Government Act 1995, S3.57 Tenders for providing goods or services. Financial Implications The Use of the Common Seal There are no financial implications related to this matter. Development and Regulatory Services There are no financial implications related to this matter. Approval to Purchase Goods and Services by the Chief Executive Officer Goods purchased in accordance with 2014/15 Budget. Tender Approvals by Delegations of Authorisation used by the Chief Executive Officer Goods purchased in accordance with 2014/15 Budget. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources.


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Policy Implications The Use of the Common Seal ELM 13 – Affixing the Shire of Ashburton Common Seal. Development and Regulatory Services There are no policy implications related to this matter. Approval to Purchase Goods and Services by the Chief Executive Officer Tender Approvals by Delegations of Authorisation used by the Chief Executive Officer FIN12 – Purchasing and Tendering Policy. Voting Requirement Simple Majority Required Recommendation That Council accept the report “11.2 Actions Performed Under Delegated Authority for the Month of December 2014”.

Author: Janyce Smith Signature:



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12. COMMUNITY DEVELOPMENT REPORTS

12.1 COMMUNITY LEASED AND LICENCED PREMISES - SAFETY AND COMPLIANCE

FILE REFERENCE: GV20 AUTHOR’S NAME AND POSITION:

Mabel Gough Temporary Project Officer


Not Applicable




Agenda Item 12.2 (Minute No. 11890) – Ordinary Meeting of Council 10 December 2014

Summary Policy REC05 Community Lease and Licence Agreements of Shire Assets (Facilities, Buildings and Land) and its supporting documents were reviewed and endorsed in the December 2014 Council meeting. The approved documents require that assets (facilities, structures and surrounds within the Lease/Licence areas) owned by community groups must comply with relevant safety and legislative requirements. Council as part of its good community governance responsibilities, requested a report outlining any non-compliance issues relevant to Policy REC05, and the proposed solutions, timelines and costs to rectify those non-compliances, as it did not wish to expose the Shire to litigation should for example, somebody be injured or fall ill as a result of utilising a leased facility “owned” by the Shire. A preliminary inspection of all sites has been conducted and it has been found that there appears to be quite a number of potential safety and legislative compliance issues on Shire community leased and licenced premises. This report outlines the first stages of how these situations can be suitably corrected over time (using the Shire’s risk assessment protocols as the primary guiding influence).

Background Council resolution of 10 December 2014 adopted new Lease/License Agreements, and also sought a report outlining (1) the noncompliance issues community groups need to comply with in regards to the relevant legislation; and (2) the proposed solutions, timelines and costs to rectify these safety and non-compliance matters. Preliminary inspections have been undertaken (December 2014) on all community group leased or licensed buildings, land or facilities to ascertain the various safety and compliance issues (for example, the Planning and Development Act 2005, the Building Act 2011, the Health Act 1911 and Shire of Ashburton Local Law matters). Inspections have learned that there are for example, the following areas requiring attention:


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Waste and tidiness issues - like tyres, car bodies, scrap metal, etc;

Unauthorised accommodations requiring assessment;

Unauthorised land developments – like motorcross tracks and rifle ranges;

Unauthorised and non-compliant infrastructure – like ablutions and kitchens;

Management Orders which do not approve (under Section 18 of the Land Administration Act 1997) the Shire of Ashburton to lease to community groups.

Some of these issues require the Shire’s actions to correct them (e.g. seek changes to Management Orders) and others require the Lessee’s attentions (e.g keep the area clear of rubbish or seek exemption or retrospective approval of presently un-authorised buildings/facilities - or demolish and removed them from the site). Comment The primary reason for seeking this report was to ensure the Shire was maintaining its good community governance responsibilities (as if these activities are knowingly permitted to continue with the Shire’s knowledge and an injury, illness or death occurs, the Shire of Ashburton might be found negligent and suffer legal repercussions), but also, it is important to protect the Lessee/Licensee organisations, and the members/public users of the areas in question. Notwithstanding the risks of non-compliant facilities to the Shire and to the Clubs, discussions with a number of club representatives have identified that some say they are unable to correct the safety matters identified in the preliminary officer inspections in the short term, due to the large amount of work and finances required. More research is therefore needed at each site so that an Implementation Plan can be prepared and endorsed by Council. It is suggested that a detailed Compliance/Site Survey is first required and this will need to highlight issues like structural reliability of the buildings existing on each site, and electricity and water supply integrity. It should also encompass a site survey for every Lease/License area, so that the Clubs can use this information to seek exemptions/retrospective approvals, or decide to replace non-compliant facilities entirely. This compliance survey is proposed to be undertaken at the Shire’s expense, so that a consistent assessment is provided, and that Lessee/Licensee holders are not burdened by needing to seek them out separately. The Compliance Survey will importantly, provide a prioritised list of actions, based on risk assessment criteria. This detail will be of particular assistance to Council as it will (1) enable the Implementation Plan to be prepared and confirmed; and (2) provide valuable information to assist Council is assessing and allocating grant funds to address the matters requiring attention. Even though risk will be evident, the Implementation Plan will need to be programed over several years, but if a suitable priority upgrade program is endorsed, this will provide the Shire with a defendable risk mitigation strategy, whilst also providing community groups with the time to seek out Shire, general fundraising, and other external funding (e.g. Sport and Recreation, Royalties for Regions, and Lotteries WA) opportunities so that the necessary compliance works can be undertaken. It will be important for the Council to allocate sufficient resources through its budget process to provide a reasonable and meaningful incentive contribution for these unsafe/non-compliant matters to be addressed by the respective community groups, as this will ensure those groups will have every opportunity to address these matters.


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Consultation Chief Executive Officer Executive Manager – Community Development A/Executive Manager – Development & Regulatory Services Facilities Manager Compliance Officer Town Planner Principal Environmental Health Officer Project Officer Tom Price Motorcycle Club Tom Price BMX Club Impala Kart Club Tom Price Arts & Craft Society Tom Price Bowling Club Incorporated Crusher Cricket Club Tom Price Diamond Club Crushers Sporting Club Incorporated Fortescue Junior Football Club Mountain View Sporting Club Incorporated Jarndunmunha Nameless Festival Committee Tom Price Amateur Basketball Association Tom Price Netball Association Tom Price Gymnastics Bodyline Gymnasium Tom Price Branch Incorporated Sporting Shooters Association of Western Australian Incorporated Tom Price Speedway Nameless Family Playgroup Tom Price Senior High School Tom Price Family Day Care North Tom Price Primary School Tigers Football Club Tom Price Touch Association Panthers Football Club Tom Price Horse & Pony Club Incorporated Rebels Cricket Club Scorchers Cricket Club Tom Price Squash Racquets Association Tom Price Amateur Swimming Club Incorporation Towns Football Club Town Cricket Club Tom Price Tennis Club Incorporated Onslow Sports Club Incorporated Onslow Rodeo Association Incorporated Children Services Support Unit (CSSU) Community Garden Onslow Primary School Onslow Motorcross & Enduro Club Incorporated Swans District Football Club (VSwans) Paraburdoo Swimming Club Paraburdoo Netball Association Paraburdoo Squash Racquet Club Incorporated Paraburdoo Tennis Club Paraburdoo Toy Library Sunshine Playgroup Paraburdoo


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Statutory Environment Food Act 2008 Health Act 2011 Building Act 2011 Food Regulations 2009 Building Regulations 2012 LPP06 Caretaker Accommodation Planning and Development Act 2005 Land Administration Act 1997 – Section 18 Health (Public Buildings) Regulations 1992 Australian New Zealand Food Standards Code Shire of Ashburton Town Planning Scheme No. 7 Local Government (Miscellaneous Provisions) Act 1960 Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974 Financial Implications The first requirement is to undertake a detailed compliance/site survey (referred to in the below schedule as Site Survey and Asset Locator, and Dilapidation/Structural Integrity Report). This survey would provide amongst other things, a professional compliance/structural integrity assessment of all structures; suggestions as to solutions to any non-compliances; a schedule of estimated compliance costs; and a prioritisation based on risk assessment protocols (including the risk to the Shire, Clubs, members/general public). This data will be available to the Shire for budget and grant allocation considerations (and in relevant parts at least, to the License/Lessees, for their own compliance needs). That said, if some funds can be provided for at budget review for the current 2014/15 budget, Clubs would be able to seek assistance to undertake some of the “easier” compliance tasks (like removing rubbish/tyres/motor vehicles etc). As outlined earlier, it will also be important for the Council to allocate sufficient resources through its annual budget process to provide a reasonable and meaningful incentive contribution for these matters to be addressed by the Clubs. The grant funding provision will highlight Council’s commitment to assisting Clubs maintain safe and compliant public places, and ensure community groups have every reasonable opportunity to address any illegal/unsafe activities, thus protecting their own Club and its members, but also their visitors and guests to Club events etc. Preliminarily estimated costs (note - needs to be confirmed by a detailed site-by-site assessment) to achieve compliance is thought to be in the order of:

Requirement Estimate Cost

Management Orders Officer time

Waste Removal $80,000

Grading (every year) $100,000

Rubbish Tip Fees $300,000

Site Survey $50,000

Asset Locator $50,000

Planning Application $20,000

Dilapidation/Structural Integrity Report $240,000

Building/Structural/Facility Works $5,000,000

Certificate of Building Compliance $10,000

Demolition Permit (if required) $24,000

Demolition Works (if required) $120,000

Building Application $20,000

Plumbers $40,000

Application to Construct or Install an Apparatus for the Treatment of Sewage

$2,000

http://www.public.health.wa.gov.au/3/672/2/wastewater_legislation_and_guidelines_.pm


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Inspection by Environmental Health Officer Officer time

Inspection by Community Development & Development and Regulatory Services Team

Officer time

TOTAL Say $6m

As outlined earlier, a significant additional budget allocation for grants/donations is suggested to incentivise Clubs to undertake these safety and compliance works. Whilst an initial estimate of costs highlights that several millions of dollars is required, this will depend on the form and style of works, and it is anticipated that volunteer contributions, Shire funds, corporate donations/in-kind contributions, and formal state/federal government grants will also be available from time to time. Council Policy REC08 would be the ideal mechanism for Council consideration of grants (dollar amount, use and justification) to incentivise Clubs to undertake Lease/License safety and legislative compliance works to their Club areas. The Policy will need to be reviewed though, to accommodate this suggestion of providing grants for upgrade works and importantly, using a Risk Matrix as the primary assessment protocol. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 01 – Vibrant and Active Communities Objective 02 – Active People, Clubs and Associations Shire of Ashburton 10 Year Community Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Medium Risk: Managed by specific monitoring or response procedures”. Considerable Shire employee time will be required to ensure that any lease or licence agreement granted to a community group is adhered to and the Shire is conforming with any legal obligations in regards to the lease or licence agreement. The status of unapproved building and land developments on Shire community lease and licence premises is leaving the Shire exposed to litigation should someone become ill, be injured or is killed, as a result of utilising the premises or facility. To reduce this risk an Implementation Plan, linked to a multi-year budget allocation, is proposed. Thus suitably assisting groups to adhere to the relevant Acts, Regulations and Local Laws by way of undertaking upgrades or reestablishment of facilities, removal of non-compliant buildings, and removal of rubbish etc. Policy Implications REC05 Community Lease and Licence Agreements of Shire Assets (Facilities, Buildings and Land). Council Policy REC08 would be the ideal mechanism for Council consideration of grants to incentivise Clubs. The Policy will need to be reviewed though, to accommodate this, using a Risk Matrix as the primary assessment protocol. Voting Requirement Absolute Majority Required


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Recommendation That Council:

1. Secure contractors (to be funded through an allocation within the Shire's mid-year

budget review) to accommodate a Compliance/Site Survey of all relevant

Lease/License areas;

2. Approves a review of Council Policy REC08 for future Council consideration, to

accommodate the proposal for grants to be considered to incentivise Clubs to undertake Lease/License compliance, safety and legislative compliance works to their respective areas of responsibility. Also, endeavour to allocate preliminary grant funds within both the 2014/15 mid-year budget review (to enable Lessee/Licensee compliance works to commence as soon as possible) and the 2015/16 budget (to enable further compliance progress to be made); and

3. Requires that following the receipt of the Compliance Survey, a further report be

presented to Council, proposing a comprehensive Implementation Plan.

Author: Mabel Gough Signature:

Manager: Mike Sully Signature:


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12.2 SPORT & RECREATION CONCEPT PLAN FOR AREA W, TOM PRICE

FILE REFERENCE: RC39907 AUTHOR’S NAME AND POSITION:

Mabel Gough Temporary Project Officer


Not Applicable

DATE REPORT WRITTEN: 13 January 2015

DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 11.1 (Minute No. 11720) – Ordinary Meeting of Council 11 December 2013

Summary The residents of Area W in Tom Price have been requesting an upgrade for Minna Oval, the oval surrounds and Area W in general for a number of years. Community consultation on this project was undertaken in 2012 with works planned to commence in late 2013 and early 2014. Unfortunately the project did not proceed and was rescheduled for the 2014/15 financial year. Due to budgetary constraints the 2014/15 budget was reduced to $175,000 (from $350,000). To accommodate budgetary constraints a further concept plan was requested by Council. Attached is the concept plan based on feedback from the consultation process with residents, the Shire’s Asset Management Plan, Councillor contributions and Shire Officers’ suggestions.

Background In the 2013/14 annual financial budget Council approved an expenditure of $350,000 to commence works on this project. In addition, the Corporate Business Plan includes a further $350,000 in 14/15 and $300,000 in 15/16, in recognition that this is a large project requiring considerable spending and will need to be undertaken over a period of time. Approximately five years ago a Master Plan for the redevelopment of the Area W oval was undertaken by Roxby architects. This plan though, never proceeded beyond the concept stage and did not progress to community consultation. In July 2012, the Shire of Ashburton conducted a community consultation exercise, with Approximately 20 people attending, to look at community needs and expectations for the area, and to prioritise these needs. Josh Byrnes and Associates were engaged to develop the plan based on that feedback. The concept plan was presented to Council in the Ordinary Meeting of Council on 11 December 2013 and was endorsed and approved for implementation.

ATTACHMENT 12.2A


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Unfortunately the project was not commenced in the 2013/14 financial year as budgeted and as per the Corporate Business Plan. Due to budgetary constraints in the 2014/15 annual financial budget this project was reduced to $175,000 with an additional concept plan requested. In late 2014 a third concept plan was created based on those constraints, feedback from the 2012 community consultation, Council’s contribution, the Shire’s Asset Management Plan and Shire Officers’ suggestions. Attached is the Concept Plan for Council consideration and approval.

ATTACHMENT 12.2B The Concept Plan was split into three separate project areas; essential projects, desirable projects and opportunistic projects to identify those developments most important as outlined in the feedback received through consultation. The essential, desirable and opportunistic project requests are listed below: Essential

Barbecue.

Artificial shade structures.

Seating for barbecue area.

Tables for barbecue area.

Playground - to including artificial shade, rubber soft fall, lighting and fence.

Playground to be suitable for children aged between 8 and 14 years.

Chilled water fountain.

Lighting over barbecue area, tables and chairs and playgrounds areas for night

usage and security purposes.

Desirable

Minna Oval canteen, toilets and change rooms to be renovated and updated.

Widening of all footpaths in Area W to allow for both pedestrians and cyclists to utilise the same path. Must be painted with the pedestrian/cyclist image.

Inclusion of exercise equipment around Minna Oval and along walk ways that can be accessed via a running/exercise loop.

Both small and large storage sheds to be constructed for the use of soccer and other sporting groups. Soccer goals must be able to be easily stored and carted to the storage sheds. Location of sheds to be considered.

The swale to be filled in surrounding the oval ensuring that culverts are installed as required as this drainage network is a part residential drainage systems in the area. Any alterations to the swale will affect flooding levels in residential areas.

Construction of public toilets – male, female and wheelchair accessible.

Mobile rugby league goals with suitable storage available for when not in use.

Bike racks installed adjacent to barbecue facilities, oval seating, change room facilities and playground/s.

Additional covered seating around the oval for watching sport. Preferably in a material that is resilient to hot or cold weather.

Flood lights to be installed around the oval suitable for sports such as soccer, cricket, touch, football, rugby league and AFL.

Opportunistic

Playground suitable for kids aged from toddlers to age seven. Playground to have artificial shade, rubber soft fall, lighting and fence.

Installation of additional footpath lights throughout Area W.


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A multifunction mini sports area that includes half basketball court, netball hoop, and tennis wall.

Gardens and landscaping around new facilities to create a sense of relaxation.

Mini golf area.

Extensions to Civic Centre to allow for increased storage, kids indoors play area and crèche.

Improved parking surrounding the oval and adjacent to North Tom Price Primary School. Safer turning areas required and larger car parking bays.

Comment The community consultation process revealed that a playground and barbecue area was a very high priority for those in Area W. Although there is a well utilised playground in the school grounds adjacent to Minna Oval, the playground is the property of the Education Department. The North Tom Price Primary School and residents have expressed concern that when older children frequent this playground there have been issues of anti-social behaviour. This is a particularly challenging issue as the current school playground is not fenced or in any other way contained, making it almost impossible to stop afterhours access to the playground. To address this concern the main priority is to commence works on a family barbecue area that will cater for the construction of a playground in future years if approved in consequent annual financial budgets. It is anticipated that a playground that targets older children, ages 8 – 14 will attract children away from the traditional North Tom Price Primary School playground as the new playground would offer different and more appropriate play possibilities for children of this age group. Shaded BBQ facilities with lighting and chilled water will also allow for residents in Tom Price and particularly Area W to utilise the area for family picnics, children’s birthday parties, sporting events and other recreational activities. With respect to current budget allocations and project priorities suggested development stages are listed below: Stage 1: 2014/15 Annual Financial Budget - $151,320 remaining

Detailed design of stages 1 and 2 to ensure earthworks and services are accounted

for.

Barbecue – electric hotplate.

Artificial shade structures – with insulated roof to shelter.

Stage 2: 2015/16 Annual Financial Budget - $300,000 contribution suggested (to be further defined at detailed design)

Seating surrounding barbecue area – picnic settings.

Tables surrounding barbecue area – picnic settings.

Chilled water fountain x 1.

Lighting over barbecue area, tables and chairs and playgrounds areas for night

usage and security purposes – solar lighting – possibly connect to mains power.

Playground to include artificial shade, rubber soft fall, solar lighting (possibly connect

to mains power) and fence. Playground should be suitable for 8 to 14 year olds.

Stage 3: 2016/17 Annual Financial Budget: $350,000 contribution suggested

Widening of all footpaths in Area W to allow for both pedestrians and cyclists to utilise the same path. Must be painted with the pedestrian/cyclist image.


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Both small and large storage sheds to be constructed for the use of soccer and other sporting groups. Soccer goals must be able to be easily stored and carted to the storage sheds. Location of sheds to be considered.

Mobile rugby league goals with suitable storage available for when not in use.

Bike racks installed adjacent to BBQ facilities, oval seating, change room facilities and playground/s.

Additional covered seating and picnic areas around the oval for watching sport. Preferably in a material that is not subject to hot or cold weather.

Inclusion of exercise equipment around oval and along walk ways that can be accessed via a running/exercise loop.

Stage 4: 2017/18 Annual Financial Budget - $350,000 contribution suggested

Current canteen, toilets and change rooms to be renovated and updated.

Further budget considerations would be needed to undertake works on the remaining elements in the desirable and opportunistic list. Consultation Executive Manager – Community Development Councillors Facilities Manager Project Officer Cardno Limited Members of Tom Price Community (Consultation 2012) Asset Manager Coordinator Statutory Environment There are no statutory impediments. Financial Implications $175,000 has been allocated in the 2014/15 budget towards this project. $23,680 of this was committed to the development of the Concept Plan leaving a balance of $151,320 to contribute towards approved elements in the plan in the 2014/15 annual financial year. A further $300,000 has been identified in the Corporate Business Plan for the 2015/16 annual financial budget. As the project did not commence in the 2013/14 budget and the areas identified for redevelopment exceed the allocated suggested budget amount a further $350,000 each year is suggested for the 2015/16 budget and 2016/17 budget to accommodate completion of priority elements. A suggested cost of $3,510,205 has been identified as the overall amount required, to enable all elements outlined in the Concept Plan to be completed. Dependent on which elements of the Concept Plan are provided approval to commence construction, approximately $15,000 + CPI per year over the next 10 years would need to be allocated for asset management costs, with replacement costs being likely after 10 years on some assets in the plan. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities Objective 02 – Active People, Clubs and Associations


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Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low Risk: Managed by routine procedures, unlikely to need specific allocation of resources”. It is reasonable to suggest that implementation of this project to final completion for elements selected for adoption in the current financial year will not commence until the end of the 2014/15 meaning that the risk of this project not being completed by the end of the financial year is certain and a budgetary roll over request will need to be actioned. Policy Implications ENG09 Asset Management Policy Voting Requirement Simple Majority Required Recommendation That Council:

1. Accepts the Sport & Recreation Concept Plan for Area W, Tom Price as per ATTACHMENT 12.2B;

2. Accepts and approves works to commence on the detailed design of stages 1 and 2

plus installation of a barbecue and shade structure utilising the 2014/15 budget allocation to complete stage 1; and

3. Considers allocating $300,000 in the 2015/16 budget as per the Corporate Business

Plan, $350,000 in the 2016/17 budget and $350,000 in the 2017/18 budget to complete stages 2, 3 and 4 of the project.

Author: Mabel Gough Signature:

Manager: Mike Sully Signature:


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13. CORPORATE SERVICES REPORTS

13.1 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF NOVEMBER & DECEMBER 2014

FILE REFERENCE: FM03 AUTHOR’S NAME AND POSITION:

Leah M John Finance Manager


Not Applicable




Not applicable

Summary In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for consideration by Council.

Background Regulation 34 of the Local Government (Financial Management) Regulations requires the Shire to prepare a monthly statement of Financial Activity for consideration by Council. Comment Depreciation on Plant & Equipment and Furniture & Equipment have been held back to determine asset useful life and residual value to base depreciation rates. This report presents a summary of the financial activity for the following month: November 2014

Statements of Financial Activity and associated statements for the Month of November 2014.

ATTACHMENT 13.1A

December 2014

Schedule of Accounts and Credit Cards paid under delegated authority for the Month of December 2014.

ATTACHMENT 13.1B


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Consultation Executive Manager - Corporate Service Executive Management Team Finance Manager Finance Coordinator Finance Officers Consultant Accountant Statutory Environment Section 6.4 Local Government Act 1995, Part 6 – Financial Management, and regulation 34 Local Government (Financial Management) Regulation 1996 Financial Implications Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications Shire of Ashburton 10 year Community Strategic Plan 2012-2022 Goal 5 - Inspiring Governance Objective 4 - Exemplary Team and Work Environment Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications There are no policy implications in this matter. Voting Requirement Simple Majority Required Recommendation That Council:

1. Accepts the Financial Reports for November 2014 ATTACHMENT 13.1A; and

2. Notes the Schedule of Accounts and Credit Cards paid in December 2014 as approved by the Chief Executive Officer in accordance with delegation DA03-1 Payments from Municipal Fund and Trust Funds as per ATTACHMENT 13.1B.

Author: Leah M John Signature:

Manager: Frank Ludovico Signature:


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13.2 BUDGET AMENDMENT / VARIATION

FILE REFERENCE: FM14.14.15 AUTHOR’S NAME AND POSITION:

Leah M John Finance Manager


Not Applicable




Not Applicable

Summary The 2014/2015 budget was officially adopted by Council on 30 July 2014 and throughout the year variations occur. It is the purpose of this report to bring these to the attention of Council.

Background The 2014/2015 budget was officially adopted by Council on 30 July 2014 and throughout the year variations occur. It is the purpose of this report to bring these to the attention of Council. It is proposed to amend the 2014/2015 budget to reflect various adjustments to the General Ledger with an overall effect to the budget as detailed below. Due to the nature of these variations, they fall outside the annual budget review. Comment It is recommended that the required budget variations to the Adopted Budget for 2014/2015 as outlined below be approved:

1. Infrastructure: Roads

GL/Job Number

General Ledger Description

Current Budget

Variation Amount

Revised Budget Figure

C218 Cap- Weano Banjima Drive

$3,665,000 $(466,989) $3,198,011

125051 Income- Roads to Recovery Grant

$(1,088,334) $466,989 $(621,345)

Reason: To align budget with actual funding allocation from the Roads to Recovery program. This variation will have no effect on budget.


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Consultation Executive Manager – Corporate Services Executive Manager – Infrastructure Services Finance Manager Budget and Grants Finance Officer Statutory Environment The Local Government Act 1995 Part 6 Division 4 s 6.8 (1) requires the local government not to incur expenditure from its municipal fund for an additional purpose except where the expenditure – (b) is authorized in advance by resolution* “additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget. *requires an absolute majority of Council Financial Implications The proposed budget amendments will have a nil impact on current budget position deficit of $875,500.This will be considered in our Annual Budget review. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 - Inspiring Governance Objective 4 - Exemplary Team and Work Environment Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low Risk: Managed by routine procedures, unlikely to need specific application of resources”. Policy Implications There are no specific policy implications relative to this issue. Voting Requirement Absolute Majority Required


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Recommendation That Council approved the required budget variations to the Adopted Budget for 2014/2015 as outlined below:

1. Infrastructure: Roads

GL/Job Number

General Ledger Description

Current Budget

Variation Amount

Revised Budget Figure

C218 Cap- Weano Banjima Drive

$3,665,000 $(466,989) $3,198,011

1250510 Income- Roads to Recovery Grant

$(1,088,334) $466,989 $(621,345)

Reason: To align budget with actual funding allocation from the Roads to Recovery program.

Author: Leah M John Signature:

Manager: Frank Ludovico Signature:


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14. DEVELOPMENT AND REGULATORY SERVICES REPORTS

14.1 NOMINATION OF TWO MEMBERS AND TWO ALTERNATE MEMBERS BY COUNCIL TO THE PILBARA JOINT DEVELOPMENT ASSESSMENT PANEL

FILE REFERENCE: LP22 AUTHOR’S NAME AND POSITION:

Lee Reddell Acting Executive Manager – Development and Regulatory Services


Development Assessment Panels




Agenda Item 7.1 (Minute No. 16) – Special Meeting of Council 29 October 2013

Summary The Shire has recently been notified by the Director General of the Department of Planning that the appointments of the current Local Government Development Assessment Panels (DAP) members expire on the 26 April 2015 and as such Council is required to nominate four members for the next two year term.

Background The appointments of the current local government DAP members expire on the 26 April 2015. As such the Council is required to nominate four members (two representatives and two alternates). The Minister for Planning will appoint the members for a two year term. The current two local government DAP members are Shire President Kerry White and Cr Ivan Dias. The current alternate members are Deputy Shire President Linton Rumble and Cr Ann Eyre. Comment The 2010 Amendment Act resulted in a number of amendments to the Planning and Development Act 2005 (PD Act). Part 3 in particular, introduced Part 11A – Development Assessment Panels, into the PD Act. To give new effect to these provisions, the Planning and Development (Development Assessment Panels) Regulations 2011 (‘DAP Regulations’) were introduced. The DAP Regulations provide the heads of power enabling the operation, constitution and administration of DAPs.


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As described in the Western Australian Planning Commission (WAPC) Planning Bulletin 106/2011, DAPs are panels comprising a mix of technical experts and local government representatives with the power to determine applications for development approvals in place of the relevant decision making authority. The introduction of DAPs is one of the fundamental principles of the national Development Assessment Forum’s leading practice model for development assessment. A total of 15 DAPs have been established by the Minister for Planning. All DAPs comprise the following membership:

Two local government representatives.

Three specialist members, one of whom will be the presiding member, one who will be the deputy presiding member, and one who will otherwise possess relevant qualifications and/or expertise.

Local authorities are responsible for nominating their two DAP representatives from their pool of elected members (Councillors). When determined, a local authority provides the names of its nominated panel members to the Minister for appointment, following which the names of members appointed to each DAP will be published on the DAP website maintained by the Department of Planning. A local authority is also required to nominate two alternate members. The alternate members replace permanent local government DAP members when required (due to illness, leave or other cause). Alternate members can only sit in replacement of a permanent local member where they generally share the same knowledge and/or experience as the permanent member. In the event a local authority fails to nominate two elected representatives within the specified time frame, the Minister has the power to appoint two alternative community representatives. In all instances, nominated DAP and alternate members are required to undergo mandatory training before they can sit on a DAP. Training addresses the Western Australian planning and development framework, planning law, the operation of a DAP, the DAP Code of Conduct and the expected behaviour of DAP members. DAP members will be paid by the Department of Planning where they successfully complete the required training. DAP members attending a DAP meeting will also be paid a sitting fee per meeting. Current fees and reimbursements are available on the Department of Planning’s website. All DAP members are appointed for a term of two years. DAPs meet on an irregular basis as applications that fall within the criteria are received. The Shire of Ashburton forms part of a Joint Development Assessment Panel (JDAP) for the Pilbara Area. The two appointed local government members are required to attend a JDAP meeting when an application for development within their local authority is to be determined. Meetings for the Pilbara JDAP are generally held at the Department of Planning with phone in facilities available at the direction of the DAPs Secretariat. In accordance with the DAP Regulations, local authorities are required to submit the names of their nominated DAP members and alternate members to the Minister. Local government authorities need to submit their member names by 13 March 2015. The Department of


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Planning encourages local governments to consider the potential impact of the October 2015 elections when determining nominees. Consultation Chief Executive Officer A/Executive Manager – Development & Regulatory Services Statutory Environment Planning and Development Act 2005 (as amended) Approvals and Related Reforms (No. 4) (Planning) Act 2010 Planning and Development (Development Assessment Panels) Regulations 2011 Financial Implications There are no known meaningful financial implications relative to this matter in excess of officer time and minor administrative costs. There are no budgetary or financial implications arising from the nomination and appointment of Councillors to the JDAP. Sitting fees will be provided directly to the members by the Commission. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 04 - Distinctive and Well Serviced Places Objective 03 - Well Planned Towns Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications There are no policy implications for this matter. Voting Requirement Simple Majority Required Recommendation That Council:

1. Nominate _______ and _______ as its two members to the Pilbara Area Joint Development Assessment Panel; and

2. Nominate _______ and _________ as its two alternate members to the Pilbara Area

Joint Development Assessment Panel.

Author: Lee Reddell Signature:



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14.2 REQUEST TO CLOSE PORTIONS OF GAZETTED ROADS 258, 8399 AND 8400 REQUIRED FOR THE INITIAL STAGES OF LANDCORP’S GENERAL INDUSTRIAL AREA AT ANSIA

FILE REFERENCE: ED91 AUTHOR’S NAME AND POSITION:

Kylie Bacon Contract Town Planner


Department of Regional Development and Lands

DATE REPORT WRITTEN: 10 January 2015

DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary The Shire has received a request from the Department of Lands (DoL) to progress closure of portions of gazetted roads 258, 8399 and 8400. These roads are located within and to the south/south-east of the Ashburton North Strategic Industrial Area (ANSIA) as indicated on the attached plan (ATTACHMENT 14.2A). The roads subject to this request are either within the ANSIA or ANSIA Stage 2 area, or provide direct access to these roads. Formal closure is therefore required for the initial stages of the development of future stages of the ANSIA. It is recommended that Council initiate the process of the road closures for these portions of road reserve, and should no objections be received during the advertising period, that Council request the Minister for Lands to permanently close the subject roads.

Background The DoL has been requested by the Western Australian Land Authority (Landcorp) to progress closure of portions of the following roads situated on Lot 152, Lease 3114/661 (Minderoo Station):

Road 8399 – Closed from Onslow Road through the intersection with Old Onslow

Road – Part of Landcorp’s General Industrial Area (GIA) Stage 2 (ATTACHMENT

14.2B & C);

Road 8400 – Closed from the intersection with Road 258 (to the west of the Macedon

LNG Plant site) through to Twitchin Road intersection - Part of Landcorp’s GIA Stage

2 and road extends through the northern section of the ANSIA site (ATTACHMENT

14.2D); and

Road 258 – Closed from the intersection with Road 8400 through to the intersection with Old Onslow Road - Part of Landcorp’s GIA Stage 2 (ATTACHMENT 14.2E).


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Accordingly, DoL request that Council initiates the processes, pursuant to Section 58 of the Land Administration Act 1997 (LAA) and Regulation 9 of the Land Administration Regulations 1998, to have the above roads resolved to be closed to help facilitate Landcorp’s GIA. Comment When considering an application for a permanent road closure, Council must take into account:

whether the road is, indeed, unused and whether future planning for the area may

necessitate the retention of the road;

the views of adjoining owners and whether or not they support the proposal;

whether adjoining owner(s) are prepared to purchase the land and it can be disposed

of in its entirety;

the concerns of various service authorities who may have pipes, drains, cables,

manholes etc. contained within the road reserve;

any submissions for or against the proposal lodged in response to advertising. Closure of the roads will not be detrimental as the roads are not the only dedicated access to the affected land parcels nor will closing them cause any land locked parcels. Infrastructure Services have advised that, the roads are virtually non-existent and are rarely used by traffic. The formal closure will change their tenure of no longer being in the care and control of the Local Government. No service authorities will be affected as a result of the road closures. Furthermore, the dedicated roads subject to this request are all within the ANSIA Stage 2 and subject to future structure planning and development in accordance with the ANSIA Structure Plan (ATTACHMENT 14.2F). Furthermore, Roads 8400, 258 and 8399 provide access into the Strategic Industrial zoned land that is currently being developed for the Macedon and Wheatstone projects and so it is appropriate to restrict public access into these areas. The only other requirement Council will need to consider is the submissions lodged (if any) during the advertising period. However, should no objections be received by Council, then as part of this resolution, it is recommended that Council recommend support for closure to the Minister of Lands. Consultation A/Executive Manager – Development and Regulatory Services Executive Manager – Infrastructure Services Manager - Technical Services Statutory Environment Planning and Development Act 2005 Shire of Ashburton Local Planning Scheme No. 7 Section 58 of the Land Administration Act 1997 Regulation 9 of the Land Administration Regulations 1998 Financial Implications There are no known meaningful financial implications relative to this matter in excess of officer time and minor administrative costs. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 03 – Well Planned Towns


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Risk Management The item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications There are no policy implications. Voting Requirement Simple Majority Required Recommendation That Council:

1. In accordance with Section 58 of the Land Administration Act 1997 publish the public notice of intention to close the following roads listed below, for a period of 35 days in a newspaper circulating in its district: a) Road 8399 – Closed from Onslow Road through the intersection with Old

Onslow Road;

b) Road 8400 – Closed from the intersection with Road 258 (to the west of the Macedon Plant site) through to Twitchin Road intersection; and

c) Road 258 – Closed from the intersection with Road 8400 through to the intersection with Old Onslow Road.

in accordance with the attached plans; and

2. That upon completion of advertising, should no objections be received, that Council authorise the CEO to request the Minister for Lands to permanently close those sections of Roads 8399, 8400, and 258.

Author: Kylie Bacon Signature:

Manager: Lee Reddell Signature:


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15. INFRASTRUCTURE SERVICES REPORTS

15.1 ASSET MANAGEMENT STRATEGY

FILE REFERENCE: CP01 AUTHOR’S NAME AND POSITION:

Jayde Robbins Asset Management Coordinator


Not Applicable

DATE REPORT WRITTEN: 05 December 2014 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the matter.


Not Applicable

Summary The Asset Management Strategy (AMS), refer ATTACHMENT 15.1, has been prepared in accordance with the requirements of Department of Local Government Integrated Planning Framework. It supports the vision, goals and objectives in the Shire of Ashburton’s Community Strategic Plan 2012-2022. The purpose of the AMS is to assess the current status of Asset Management within the Shire of Ashburton. It develops a framework that recommends ways to improve how assets are planned, delivered, managed, renewed and disposed to serve both the current and future communities in the most cost effective manner.

Background Over recent years there have been a number of reports analysing the performance of Local Governments in Australia in relation to Asset Management. It is clearly evident that sustainable asset management is a significant challenge for many Local Governments. In 2010, the Minister for Local Government introduced the Integrated Planning and Reporting Framework (IPRF) which requires Local Government to adopt a longer term approach to service delivery and the funds required, and to develop the following:

A 10 Year Strategic Plan:

Annual budget showing connection to the strategic objectives, and

Annual report.

The Shire of Ashburton has adopted the Community Strategic Plan 2012-2022, which identifies the community needs and expectations. These visions, goals and objectives are incorporated into the 4 year Corporate Business Plan (currently under review).


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The Asset Management Strategy is a corporate document which outlines what assets the Shire is responsible for and how the Shire intends to manage them. Following on from the adoption of this Asset Management Strategy, Asset Management Plans (AMP’s) will be developed for each major asset class which informs the Long Term Financial Plan (LTFP) of the financial resources required to maintain the Shire’s assets for the next 10 to 15 years. Comment The Shire of Ashburton AMS has previously been circulated to Councillors and Executive Staff and is also provided as an attachment. This is a living document that will be updated regularly (annually as a minimum) as progress is made in relevant asset management areas. The purpose of the Asset Management Strategy is to provide a framework for the Shire to meet its statutory obligations with respect to the IPRF and also to outline how the Shire intends on managing its asset stock into the future. The outcome of the AMS is to develop a set of strategic actions to enable the Shire to improve its asset management practices and meet the objectives set out in the Shire’s Community Strategic Plan 2012-2022. The AMS considers all asset groups and gives an overview of the following:

Fair value and replacement costs;

Management responsibilities;

Current condition;

Life cycle planning;

The AMS also gives an overview of the current asset management structure, processes and identifies the key priorities to improve these practices. An Asset Management Improvement Plan has been included at the end of the document to clearly map a path of improvement and this will be reviewed and updated quarterly. Consultation Asset Management Working Group Chief Executive Officer Executive Manager - Infrastructure Services Executive Management Team

Statutory Environment Department of Local Government Asset Management Framework (WA Government, 2011) Local Government Act (1995) Department of Local Government Integrated Planning and Reporting Framework and Guidelines (WA Government, 2010) Local Government (Financial Management) Regulations 1996 Australian Accounting Standards AASB13 – Fair Value Measurement Financial Implications The Asset Management Strategy and Asset Management Plans will outline whole of life costs which will need to be incorporated into the Shire’s Long Term Financial Plan and annual budgets. It is anticipated that this will require significant changes to the structure of future budgets as historically, local governments across Australia have underestimated asset maintenance and refurbishment costs.


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Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 04 – Distinctive and Well Serviced Places Objective 01 – Quality Public Infrastructure Objective 02 – Accessible and Safe Towns

Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “medium”. The following consequences need to be taken into consideration:

Risk Level Comment

Financial Medium The Shire needs to have a strategy in place to manage the

Shire’s assets efficiently in the most cost effective manner.

Not knowing the state of assets or having appropriate renewal

plans will cost the Shire more in the long run.

Reputation High The Shire’s reputation is at risk by not having long term

planning in place for assets, should they deteriorate to a state

where the community would be unhappy.

Compliance Medium The Shire needs to adopt an asset management strategy to

comply with the IPRF.

Policy Implications ENG09 – Asset Management Policy Voting Requirement Simple Majority Required Recommendation That Council adopts the Asset Management Strategy and the Asset Management Improvement Plan to improve asset management practices within the Shire of Ashburton as per ATTACHMENT 15.1.

Author: Jayde Robbins Signature:

Manager: Troy Davis Signature:


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16. STRATEGIC AND ECONOMIC DEVELOPMENT REPORTS

16.1 PROPOSAL TO CHANGE PURPOSE OF RESERVE 38467, TOM PRICE, WITH POWER TO LEASE AND ENTER INTO A LEASE AGREEMENT WITH ASHBURTON ABORIGINAL CORPORATION FOR THE BIODIESEL TRIAL PLANTATION

FILE REFERENCE: PR38467 AUTHOR’S NAME AND POSITION:

Janelle Fell Acting Economic & Land Development Manager


Not Applicable




Not applicable

Summary In September 2010, Ashburton Aboriginal Corporation’s (AAC) subsidiary company ASHOIL planted a trial plantation of Moringa oleifera trees to trial oil seed crops for Biodiesel production on 5.7Ha of Shire of Ashburton managed Reserve 38467, Lot 41 Nameless Valley Drive, Tom Price. The project was supported by the Shire of Ashburton through the provision of the land for plantation. However, the Reserve purpose ‘Gravel Pit’ is not in line with the current use stipulated on the management order. Council support is sought to: • Request Department of Lands change the purpose of the Reserve with the power to lease;

and • Enter into a commercial lease agreement with AAC for continued use of the current portion

of the Reserve.

Background Investigations into the Nameless Valley Camp, Tom Price in 2014 by Shire Officers identified a plantation on the Lot adjacent to the accommodation and gravel pit. This plantation was set up by Ashburton Aboriginal Corporation (AAC) in 2010 to investigate the potential of a Biodiesel crop.


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The Shire supported the plantation of the Moringa oleifera trial plantation on Nameless Valley Drive through the provision of land (portion of Reserve 38467) and AAC’s funding application to Royalties for Regions Pilbara Water Opportunities Program, managed by the Department of Regional Development and Lands. The aim of the trial plantation was to:

a) Provide data on seed/oil yields for Moringa oleifera in the Pilbara; b) Conduct agronomic research to develop the management practices for Moringa

oleifera; and c) Provide training opportunities for indigenous people.

Reserve 38467 was transferred from Main Roads to the Shire in May 2011. Prior to this, gravel was extracted from the site for upgrading the Nameless Valley Drive road in 2008.

Comment Investigation of Reserve 38467 by Shire Administration revealed several issues with the established Moringa oleifera trial plantation, these being:

1. The use is not in accordance with the purpose of the Reserve (Gravel Pit); 2. The Shire has no power to lease all or a portion of the Reserve; and 3. Planning or Building Approval for the plantation and associated infrastructure does

not exist. While the project has been implemented with Shire support, no tenure by way of lease or other mechanism is in place. AAC would like to secure tenure of the current portion of land to continue the trial. Advice has been sought from the Department of Lands regarding the proposed change of purpose of the Management Order, with the power to lease, however due to the Christmas break, this was not available at the time of this report being prepared.


41

AAC has advised its horticultural development is ongoing with no set end point. To date, the following has been determined:

Methods for pod harvesting have yet to be developed by Department of Agriculture and Food WA. The current harvest method is by hand, which is uneconomical;

As the seed to biomass ratio is quite low, the potential use solely for oil production is limited;

Moringa oleifera is being examined for potential high-value nutraceutical production capabilities; and

AAC is exploring the potential use of the current site for the planting of Pongamia pinnatta in conjunction with the University of Queensland. Harvesting of this Pongamia pinnatta pod has been more successful than the Moringa oleifera pod.

The proposed Pongamia pinnatta trial will not see expansion of the current site, ie existing Moringa oleifera trees will be replaced with Pongamia pinnatta. Continued support of AAC’s Biodiesel trial plantation, Indigenous employment and industrial skills training reinforces many of the Shire’s Community Goals identified in the Corporate Business Plan. Water for the trial plantation is supplied from the Tom Price town water scheme. An agreement was not established for reimbursement by AAC of this utility expense and to date, water to the camp (and trial plantation) has not been metered. This will be addressed in a lease agreement with AAC being responsible for 100% of the utilities to the site. Shire Officers propose a peppercorn annual rent to cover administrative costs to continue to support the benevolent nature of the trial plantation. AAC is liaising with Shire Administration to progress retrospective Planning and/or Building Approvals for development on the site which consists of:

Approximately 962 metres of perimeter fencing

Sea container containing pump and other reticulation infrastructure

Solar panels located on top of the sea container

Water bladder for reticulation As the gravel reserves are not exhausted at the site, retention of the entire Reserve for future use by the Shire is recommended. Consultation Town Planner Contract Town Planner Project Administration - Technical Support Officer, Infrastructure Services Ashburton Aboriginal Corporation Department of Lands Statutory Environment Change of the Reserve purpose and power to lease ensures the Shire’s compliance with s. 18 of the Land Administration Act 1997.


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Disposition of property as per s. 3.58 of the Local Government Act 1995 may be undertaken if the Local Government gives local public notice of the proposed disposition:

(i) describing the property concerned; and (ii) giving details of the proposed disposition; and (iii) inviting submissions to be made to the local government before a date to be

specified in the notice, being a date not less than two weeks after the notice is first given;

and it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes. Financial Implications Water usage will be on-charged to AAC. This will be documented in the lease agreement. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities Objective 02 – Active People, Clubs and Associations Objective 03 – Quality Education, Healthcare, Childcare, Aged Care and Youth Services Objective 04 – A Rich Cultural Life Goal 02 – Enduring Partnerships Objective 01 – Strong Local Economies Objective 02 – Enduring Partnerships with Industry and Government Goal 03 – Leading Regional Sustainability Objective 02 – Leading Regional Sustainability Goal 05 – Inspiring Governance Objective 01 – Custodianship Objective 02 – Community Ownership Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications There were no policy implications identified. Voting Requirement Simple Majority Required


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Recommendation That Council:

1. Endorse Shire Administration request the Department of Lands change the Management Order purpose for Reserve 38467 from ‘Gravel Pit’ to a purpose in line with the current use, with the power to lease;

2. Authorise the CEO to negotiate the terms of and execute a lease agreement between

the Shire of Ashburton and Ashburton Aboriginal Corporation to continue the Biodiesel trial plantation; and

3. Should no objections be received following Local Government Act S3.58 public

advertising, Council authorise the CEO to seek the formal approval from the Department of Lands for the Disposition of the Property.

Author: Janelle Fell Signature:

Manager: Anika Serer Signature:


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17. COUNCILLORS AGENDA ITEMS / NOTICES OF MOTIONS There are no Councillor Agenda Items for this agenda.

18. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

19. CONFIDENTIAL MATTERS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in

subsection (1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local

government and which relates to a matter to be discussed at the meeting;

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting:

(e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial

affairs of a person,

Where the trade secret or information is held by, or is about, a person other than the local government.

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for

protecting public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.


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20. NEXT MEETING The next Ordinary Meeting of Council will be held on 18 February 2015, at the Ashburton Hall, Ashburton Avenue, Paraburdoo, commencing at 1.00 pm.

21. CLOSURE OF MEETING

shire of ashburton ordinary meeting of council agenda clem ... 28 january 2015 (public... · agenda...

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