shire of carnarvon agenda papers ordinary …...(the local government act 1995 section 2.25 provides...

SHIRE OF CARNARVON

AGENDA PAPERS

ORDINARY MEETING OF

COUNCIL

TUESDAY 28 AUGUST

2018

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

Ordinary Council Meeting Agenda 28th August 2018 1

NOTICE OF MEETING

Notice is hereby given

Shire of Carnarvon

Ordinary Council Meeting

will be held

on Tuesday 28 August 2018

in the Shire Council Chambers, Stuart Street Carnarvon, commencing at 8.30am

Mark Dacombe ACTING CHIEF EXECUTIVE OFFICER

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.


AGENDA

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 5.1 Ordinary Meeting of Council – 24 July 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 July/August 2018 ................................. 5 8.2.1 Attendance at Council Meetings by Instantaneous Communication – Cr Youd ........... 17 8.2 CORPORATE & COMMUNITY SERVICES 8.2.1 Accounts for Payment – 31 July 2018 ......................................................................... 19 8.2.2 Management Report – 31 July 2018 ............................................................................ 21 8.2.3 Investments as at 30 June 2018 ................................................................................... 23 8.2.4 Carnarvon Community Men’s Shed – Amendment to MOU Request .......................... 25 8.2.5 Request for Financial Support – Judd Morris/PCYC/Gascoyne Early Years .................. 27 8.3 DEVELOPMENT SERVICES 8.3.1 Baxter Spray Park ......................................................................................................... 33 8.3.2 St John Ambulance WA – Proposed Land Exchange..................................................... 38 8.3.3 Proposed 24 Hour Unstaffed Fuel Bowser at World Fuel Supplies – Airport ............... 45


8.4 INFRASTRUCTURE SERVICES 8.4.1 Infrastructure Monthly Report – August 2018 .......................................................... 49 8.4.2 Management of Drainage Sump – Babbage Island Road ........................................... 50 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 25th September 2018 commencing at 8.30am. 12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC

13.0 CLOSURE


8.1.1 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTHS OF JULY/AUGUST 2018 File No: AO3403 Date of Meeting: 28 August 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 July/August 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 July/August 2018 and are submitted to Council for information.

COMMON SEAL

Date Affixed Agreement Details

30.07.18 Lease Hangar 134 Carnarvon Airport – Shine Aviation Services

ENVIRONMENTAL HEALTH Food Food Act 2008

Date of decision

Decision Ref.

Decision details Applicant Other affected person(s)

20/7/18 HFO18/008

Amended food business registration (repacking) - Carnarvon Tackle & Marine, Lot AL, 107 Harbour Rd, South Carnarvon

Applicant: Darren and Janice Baird

Land owner: Department of Transport

13-Aug-18

HFO18/009 New food business registration - Sunsets Café @ One Mile Jetty

New owners - Jamie R Broom & Cynthia J Burnell

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)

9/8/18 HOS18/006

Approval to install apparatus for the treatment of sewage (replacement system) – 10 Hubble St, South Carnarvon

Carnarvon Plumbing Service

Owner: Luke De Sousa


PLANNING

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

A757 P33/18 LOT 1164 (7) EAGAN STREET CARNARVON 6701

CARNIVAL ON TOWN OVAL: 9TH - 11TH AUGUST 2018

MITRO PTY LTD 3/08/2018

A1868 P68/17 52 ROBINSON STREET CARNARVON 6701

REPLACEMENT FRONT STEPS AND FRONT DOOR

KHB MARINE PTY LTD & GUYBON ANDREW HOWES

6/08/2018

Hawkers, traders and stall holders Shire of Carnarvon Local Government Act Local Laws, s.29

Date of decision

Decision Ref.

Decision details Applicant Other affected person(s)

3/08/2018 PHT_004 Mitro Carnival MITRO PTY LTD Nil

3/08/2018 PHT_005 Carnival food van BRASHAW CATERING

Nil

13/08/2018 PHT_006 PCYC Car boot sale PCYC Nil

BUILDING

Application No.

Owners Name Lot & Street Type of Building Work

B18/027 WILLIAM FRANCIS BROGAN LOT 52 ROBINSON ST CORAL BAY

VERANDAH

B18/034 CHRISTOPHER PATRICK MILLSON

LOT 912 MCNISH ST SOUTH CARNARVON

FENCE

B18/037 TAMARA SYLVETTE WHITBY LOT 92 CLEAVER ST SOUTH CARNARVON

FRONT FENCE

B18/038 PATRICIA BERNADETTE OUELLETTE

LOT 158 PRATT CT MORGANTOWN

CARPORT

B18/040 HENRY ROBERT & DOROTHY ALISON MOODY

LOT 1117 CRAIG ST SOUTH CARNARVON

FRONT & BOUNDARY FENCE

B18/042 STATE OF WA LOT 532 BLOWHOLES RD INGGARDA

61M MAST & SOLAR PANEL SYSTEM

B18/043 STATE OF WA LOT 1506 MINILYA - EXMOUTH RD LYNDON

61M MAST AND SOLAR PANEL SYSTEM

B18/045 RUDOLF SCHOENSLEBEN & SUSANNE MYRTA SCHOENSLEBEN-VOGT

LOT 900 HUBBLE STREET SOUTH CARNARVON

RE ROOF

B18/048 BARRY DOUGLAS & DIANE OLGA EVANS

LOT 10 FREEMAN ST KINGSFORD

SOLAR PV ON DWELLING ROOF

B18/051 AARON DALE & BETHWYN JANE HUDSON

LOT 15 FREEMAN ST KINGSFORD


B18/052 CRAIG WILLIAM BOTICA LOT 56 GLARIS ST SOLAR PV ON DWELLING ROOF


KINGSFORD

B18/054 HEAD OFFICE DEPARTMENT OF BIODIVERSITY, CONSERVATION AND ATTRACTIONS & STATE OF WA

LOT 45 ROBINSON ST CORAL BAY

OCCUPANY PERMIT - NEW BUILDING COMPLETE (s.46)

B18/055 SHIRE OF CARNARVON LOT 2 MAHONY AVE BROWN RANGE

SOLAR PANELS - STORAGE/ABLUTION & OLD POWER HOUSE BUILDINGS

B18/056 DAVID WILLIAM & JOANNE LEE PAYNTER

LOT 4 DOUGLAS ST SOUTH CARNARVON


B18/057 M T & C I NIXON LOT 500 NORTH RIVER RD NORTH PLANTATIONS


B18/058 MENAH PTY LTD LOT 21 NORTH WEST COSTAL HWY BROWN RANGE

SOLAR PV ON DWELLING & OFFICE ROOF

B18/059 KELLY MAREE & ROBERT IAN ARMSTRONG

LOT 58 GASCOYNE RD EAST CARNARVON


B18/060 EDWARD CHARLES & SUSAN MARIE SMITH

LOT 82 ROBINSON ST KINGSFORD


B18/061 CORAL BAY INVESTMENTS PTY LTD

LOT 13 ROBINSON ST CORAL BAY

DEMOLTION OF CAMPER KITCHEN

STATUS REPORT

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 agreement prior to submitting to the Council.

Arboretum MOU to be submitted to the Council as soon as agreed between the parties.

5/4/16 Regional Waste Infrastructure Project

David Nielsen All building works complete. Finalising detailed arrangements.

Final completion August 2018

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

Dave Nielsen No change. Road closure is completed. Solutions related to the licence conditions currently being investigated.

Ongoing

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 discussions

Ongoing


with the GMF regarding future ownership.

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

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

October 2018

20/8/16 Public Open Space Strategy

Paul Lees The Public Open Space Strategy has been finalised. 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 have provided an amended MOU document for review. It is proposed to have the Deed signed by mid to late 2018.

Aug 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 is currently considering the options outlined by the Shire’s

Ongoing


solicitor.

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

Dane Wallace The Shire has declared two (2) houses unfit for habitation, and ordered one house to be removed; which has been removed and the demolition site cleaned up. Most of the accumulated of rubbish in the rear section of the property has also been cleaned up. Shire officers will check the demolition clean-up and general condition of the property to determine if further clean-up is required. The occupant has refused to cease habitation of the shed – the Shire will need to consider prosecution action.

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

14/3/17 Signage – Heritage Walking Trail

David Nielsen No Change. Signage installation commenced.

November 2018

13/5/17 Lease Renewal – Shine Aviation

Carolien Claassens

The lease documents have been signed by both parties. Lease has been completed

Completed

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

Timing is in the hands of the Heritage Committee

12/9/17 Waiver of Hire Fees – Carnarvon Choose Life

Deborah Wilkes/Nadine

Invoice for payment still not received despite

August 2018


Suicide Prevention Network

Brown repeated requests.

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 the Council is proposed to be held on the 20th September 2018.

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.

September 2018

17/11/17 CLGF Individual Projects – Allocation of Earned Interest

Carolien Claassens

A request has been sent to Department of Primary Industries and Regional Development for the expenditure of interest. We are awaiting a response.

September 2018

23/11/17 Baxter Park Spray Park Paul Lees David Nielsen

Audit completed. Matter will be presented to Council at the 28 August 2018 Council meeting.

August 2018

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 now lodged a LDP for review by Shire officers (and the Department).

September 2018

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

Deb Wilkes Department of Planning, Lands and Heritage has been advised of the Council decision and has provided advice on how to proceed.

August 2018

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

Paul Lees Council has resolved that the Shire proceed with the

August 2018


process for the closure of the pedestrian accessway as outlined in the WAPC guideline, and the consideration of a budget item in the 2018/19 budget process relating to alternative path infrastructure within Hutchinson Park. The Council has agreed with the closure process and a report is being prepared for consideration by the WAPC.

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 has had discussions with Shire officers about the requirements for the establishment of a temporary kennel operation and has advised that they are considering lodging a Scheme amendment to allow kennel use at their residential property. The owner has been advised that the additional dogs must be removed from the property within 28 days of a letter sent on 11 August 2018 (by Monday 10 September 2018). The owner has again asked for the Shire’s assistance in supporting the establishment of a kennel development on ‘Industrial’ zoned land. Shire officers will contact the owner and assist where possible.

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.

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.

This will be resubmitted to the Council for approval when agreement is reached with the parties.

6/5/18 CEO Position Recruitment

Mark Dacombe Special Council held on 24th May and process formalized. Approved process now reaching conclusion with a report to be made to the Council shortly by the Management Review Committees

Ongoing

11/5/18 Early Rates Payment Incentive Prize

Deb Wilkes Fliers designed. Prizes confirmed. Draw will take place after closing date for early rates payment

September 2018

12/5/18 Renewal of Lease – Hangar 140

Carolien Claassens

Awaiting response from Lessee for the approval of the draft lease.

October 2018

13/5/18 Renewal of Lease – Hangar 139

Carolien Claassens

Draft lease has been accepted by Lessee. The lease has been forward for signage

September 2018

14/5/18 Purchase of Buses with Lotterywest Grant

Deborah Wilkes Specifications complete, waiting for some final quotes for additional extra items (Plastic seat covers, internal/external cameras/ floor matting).

September 2018

18/5/18 Scheme Amendment no. 76 – LPS No. 10

Paul Lees Council at its ordinary meeting of 22 May 2018 resolved to amend LPS No. 11 as per the officer’s recommendation. LPS amendment No. 76 has now been gazetted and will be placed on the websites of the DPLH and the Shire.

Completed and the amended scheme is in force.

19/5/18 Scheme Amendment no. 13 – LPS no. 11

Paul Lees Council at its ordinary meeting of 22 May 2018

Completed and the amended scheme is


resolved to amend LPS No. 10 as per the officer’s recommendation. LPS amendment No. 13 has now been gazetted and will be placed on the websites of the DPLH and the Shire.

in force.

11/6/18 Winning Bush Gymkhana – Request for Financial Support

Nadine Brown Deb Wilkes

Waiting to receive invoice August 2018

12/6/18 Carnarvon Bowling Club – Request for Financial Support

Nadine Brown Deb Wilkes

Waiting to receive invoice August 2018

14/6/18 2018 Extraordinary Election – Gascoyne Minilya Ward

Deb Wilkes Underway. Timetable provided by WAEC

14 September 2018

15/6/18 Mobile Food Business – Sea Shanty

Paul Lees Council, at the ordinary meeting of 26 June 2018 resolved to approve the Development Application (DA) for a Mobile Food Business – Sea Shanty.

The development approval has been provided and the applicant advised of conditions relating to approval. Completed.

16/6/18 Home Occ. – 17 National Lifestyle Village Coral Bay

Paul Lees Council, at the ordinary meeting of 26 June 2018 resolved to approve the Development Application (DA) for Home Occ. – 17 National Lifestyle Village Coral Bay

The development approval has been provided and applicant advised of the conditions relating to the approval. Completed.

17/6/18 PAW Closure – 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 consideration of a budget item in the 2018/19 budget process relating to alternative path infrastructure within Hutchinson Park. Notice of the Council’s resolution have been sent to the abutting landowners

A closure report and the written request to close the access way is being prepared. The report will be referred to the Commission by mid-September.

18/6/18 Front Fence Craig Street

Paul Lees Sian Young

Council, at the ordinary meeting of 26 June 2018 resolved to approve the Development Application

The development approval has been provided and the applicant advised of


(DA) for the development of a front fence at 2 Craig Street. Completed.

conditions relating to approval. Completed.

19/6/18 Shed and Caravan Shelter

Paul Lees Sian Young

Council, at the ordinary meeting of 26 June 2018 resolved to approve the Development Application (DA) for the development of the shed and caravan shelter. Completed.

The development approval has been provided and the applicant advised of the conditions relating to the approval. Completed.

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 costs associated with subdivision.

Funds for the survey and subdivision have been included in the 2018/19 budget. The subdivision process will commence as soon as the budget is approved. Once lodged with the Commission the time taken to complete the application will depend on the Department’s workload

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.

The Scheme Amendment has been sent for comment to the EPA. The applicant needs to provide the GIS data for the amendment area, so the matter is on hold with the EPA until the information is provided.

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 provide the amendment to the DPLH for gazettal.

The application was sent to the Commission for consideration of the Minister on 7 August 2018.

11/7/18 Home Extensions – Lot 601 Yardi Quays

Matthew Tallon Council, at the ordinary meeting of 24 July 2018

The development approval has been


resolved to approve the Development Application (DA) for extensions to a private residence at Lot 601 Yardi Quays. Completed.

provided and the applicant advised of conditions relating to approval. Completed.

12/7/18 Proposed Stables – Lot 399 Cornish Street

Matthew Tallon Council, at the ordinary meeting of 24 July 2018 resolved to approve the Development Application (DA) for stables at Lot 399 Cornish Street. Completed.


13/7/18 Oval – Lot 1046 & 560 Babbage Island Road

Matthew Tallon Council, at the ordinary meeting of 24 July 2018 resolved to approve the Development Application (DA) for an oval at the Carnarvon Christian School. Completed.


14/7/18 Proposed 50 seat Restaurant – Lot 200 Robinson Street

Matthew Tallon Council, at the ordinary meeting of 24 July 2018 resolved to approve the Development Application (DA) for a fifty (50) seat restaurant within the Old Post Office building - Lot 200 Robinson Street. Completed.


OFFICER’S RECOMMENDATION That Council accept the Status Meeting Report and reports outlining the actions performed under delegated authority for the months July/August 2018.


8.1.2 ATTENDANCE AT COUNCIL MEETINGS BY MEANS OF INSTANTENOUS COMMUNICATION – CR P YOUD File No 1B0402 Date of Meeting 28th August 2018 Location/Address N/A Name of Applicant Councillor Phil Youd Name of Owner N/A Author/s Mark Dacombe, Acting Chief Executive Officer Declaration of Interest Nil Voting Requirements Absolute Majority Previous Reports 22nd May 2018

Summary of Item This report seeks in advance to establish circumstances where Cr Phil Youd can be authorised to attend Council Meetings by instantaneous communication (telephone hook-up). Description of Proposal As above. Background At the Ordinary Meeting of Council held on 22nd May 2018, Cr Youd requested that Council consider granting him approval to attend Council Meetings by instantaneous communication on the occasions that he would not be able to attend in person. At that meeting the officer’s recommendation was lost and Cr Youd was denied approval to attend Council Meetings by instantaneous communication. Four of the attending Councillors who voted against the motion cited the reason for their refusal as being ‘that as an Elected Member, they are obliged to attend each of the Council Meetings in person in order that their constituents are properly represented at Council Meetings.” It is noted that Council has previously approved of Councillors who are not able to attend in person due to tyranny of distance, attend Council Meetings by instantaneous communication. Cr Phil Youd has requested that Council reconsider his request and has stated – “I do intend to be at all CEO briefings and Full Shire meetings where ever possible. It is however difficult for me to attend some of the extra meetings…….” Provisions exist within the Local Government (Administration) Regulations 1996 to support the Local Government Act 1995 (the Regulations), in determining circumstances where an elected member can attend a meeting of the Council by means of instantaneous communication. In order to take advantage of these provisions, the Council needs to approve of the arrangements and also approve of the place from which the elected member will undertake the instantaneous communication. Consultation Nil


Statutory Environment Section 5.25(1)(ba) of the Local Government Act, 1995; Regulations 14A and 14B of the Local Government (Administration) Regulations 1996. Regulation 10 of the Local Government (Administration) Regulations 1996 (Act s.5.25(1)(e)) Relevant Plans & Policy There is no current Council policy applicable to this matter. A policy is currently being drafted for consideration by the Council through the forthcoming policy review process. Financial Implications There are no financial implications applicable to this matter. Risk Assessment The Local Government (Administration) Regulations provide for the circumstances of attendance at Council Meetings by instantaneous communication. There is no risk associated with acceding to this request. Strategic Implications There are no strategic implications applicable to this matter. Comment Councillor Youd is seeking approval to “attend” from time to time meetings of the Council by means of instantaneous communication due to the distance and nature of his business. Provided the ‘suitable place’ put forward by Councillor Youd is deemed to be acceptable, there would appear to be no impediment to a formal resolution of Council under absolute majority to be made to allow Councillor Youd to undertake attendance at Council Meetings by instantaneous communication in those circumstances where it is not practical for him to physically attend such a meeting. In this regard Councillor Youd has specified the ‘suitable place’ as being his residence at:

• 8 Kellett Close, Gwelup This request is consistent with previous approvals granted to Councillor Kane Simpson and former Councillor Brett Smith. This matter was considered at the Ordinary Council meeting held on 22 May 2018. The recommendation to approve the request was lost on the vote. Councillor Youd is asking that the matter be reconsidered. In accordance with the provisions of Regulation 10 (2)(b) of the Regulations the decision must be by Absolute Majority. OFFICER’S RECOMMENDATION That Council in accordance with Regulation 14A of the Local Government (Administration) Regulations 1996 under Section 5.25(1)(ba) grant approval for Councillor Phil Youd to attending no more than half of the meetings of the Council, or a committee, as the case may be, in a financial year by means of instantaneous communication from the following suitable place:

• 8 Kellett Close, Gwelup


8.2.1 ACCOUNTS FOR PAYMENT 31 JULY 2018 File No: 2F0504 Date of Meeting: 28 August 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 2017/18 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 30 July 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 $2,053,266.86 as presented for the

month of July 2018 incorporating;

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

DD35063 DD35145 Bank Direct $98,599.86

46788 46798 Muni Cheques $78,465.15

7355 7369 Trust Cheques $11,451.64

EFT25170 EFT25362 Muni EFT $1,837,776.56

EFT25199 EFT25386 Trust EFT $26,973.65

b) Receive the list of credit card payments, as per schedule 8.2.1 (b), totalling $2,004.02 as presented c) Note Sundry Creditors as at 31 July 2018 $730,517.01


8.2.2 FINANCIAL ACTIVITY STATEMENT 31 JULY 2018 File No: 2F0513 Date of Meeting: 28 August 2018 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Jodie Anderson, Acting Manager Finance Declaration of Interest: Nil Voting Requirements: Officer Recommendation - Simple 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: The Statement of Financial Activity was introduced by the Department of Local Government from 1 July 2005. This change was implemented to provide elected members with information about operating and capital revenues and expenditures. It was also intended to link operating results with balance sheet items and reconcile with the end of month balances. Consultation: Nil Statutory Environment: Local Government (Financial Management) Regulation 34 (1). 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: Nil. 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 July 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. 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 July 2018 as per Schedule 8.2.2.


8.2.3 INVESTMENTS AS AT 31 JULY 2018 File No: 2F0502 Date of Meeting: 28 August 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 seek Council’s endorsement of surplus funds invested to 31 July 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 July 2018 as per Schedule 8.2.3


8.2.4 REQUEST FOR AMENDMENT TO MEMORANDUM OF UNDERSTANDING – CARNARVON COMMUNITY MEN’S SHED File No: 2L0265 Date of Meeting: 28 August 2018 Location/Address: Airport Compound – Lot 547 Carnarvon Airport Name of Applicant: Carnarvon Community Men’s Shed – Paul Dryden Name of Owner: Shire of Carnarvon Author/s: Miranda Koebrugge, Governance Officer Declaration of Interest: None Voting Requirements: Simple Majority Previous Report: 26 September 2017

Summary of Item: This report details a request received from the Carnarvon Community Men’s Shed seeking approval to make a minor amendment to the agreed terms as set out in the Memorandum of Understanding (MOU) between the Shire of Carnarvon and Carnarvon Community Men’s Shed (Men’s Shed). As the agreed terms were adopted by Council, it is now necessary to return to Council to amend those hours. Description of Proposal: The Carnarvon Men’s Shed has requested to extend their current opening hours from five days a week to seven days a week. This report proposes an amendment to the MOU to allow the CEO to determine opening hours for the Men’s Shed so future changing needs, as well as this request, can be accommodated as required (Schedule 8.2.4). Background: In September 2017 Council granted the MoU to Carnarvon Community Men’s Shed for the use of a building in the Airport Compound on James Street, Carnarvon for the purpose of supporting activities and projects to improve men’s health and wellbeing. Approval was granted based on a set of ‘Agreed terms’ as set out in the draft MoU which included identified hours of operation as Monday to Friday only. The initial hours of operation were restricted to minimize any potential noise disruption on weekends to nearby properties on Airport Crescent. Feedback from current residents of Airport Crescent is that there have been no noise disruptions caused by the operation of the Men’s Shed and that extending the operating hours to include weekends was unlikely to produce any disruption. Consultation: Consultation undertaken with Paul Dryden – Men’s Shed Statutory Environment: N/A Relevant Plans and Policy: Delegation No: 1034 Executing and Affixing of Common Seal to Documents Financial Implications: Changes to permitted hours of operation at the Men’s Shed is not expected to have any financial implications for the Shire of Carnarvon. The Men’s Shed will continue to be responsible for the cost of electricity and maintenance to the building. Risk Assessment: The Men’s Shed plays an important role in improving men’s health and wellbeing by providing an


environment that is supportive the men in the community by hosting activities and projects around arts, craft and technical skills. It is expected that Council’s reputation is likely to be enhanced further by allowing the Men’s Shed to open on weekends to accommodate members who may otherwise may not be able to attend. Community & Strategic Objectives:


3.1 Active community

3.1.1 Provision of sport and recreation facilities

3.1.2 Support and promote opportunities for sport and recreation clubs to increase

meaningful participation

3.2 Strong community identity and spirit through arts, culture and events

3.2.3 Provide and promote other opportunities for participation in social and cultural

events and activities

3.3 Caring, self-reliant community

3.4 Healthy and safe community

3.4.2 Collaborate with other agencies to provide a safe community

5.6 The Shire advocates on behalf of its community

5.6.1 The Shire develops partnerships with government and non-government organisations

to achieve positive outcomes for the region

Comment: N/A OFFICER’S RECOMMENDATION

That Council: 1. Grant the amendment to the Memorandum of Understanding to Carnarvon Community Men’s

Shed to allow CEO approval for opening hours. 2. Authorise execution of the Memorandum of Understanding and affix the common seal of the

Shire of Carnarvon by the Shire President and the Chief Executive Officer to the relevant documentation as specified in point 1 above as per Delegation no. 1034 ‘Executing and Affixing of Common Seal to documents.


8.2.5 REQUEST FOR FINANCIAL SUPPORT – FOOTBALL WEST ( JUDD MORRIS) ; PCYC; GASCOYNE EARLY YEARS NETWORK;

File No: 3R0212 Date of Meeting: 28 August 2018 Location/Address: N/A Name of Applicant: Jamie Harnwell – Football West on behalf of Judd Morris; Benita

Donda - PCYC; Elsa Alston – Midwest Mental Health on behalf of Gascoyne Early Years Network

Name of Owner: N/A Author/s: Deborah Wilkes A/Executive Manager Corporate and Community

Services

Declaration of Interest: Nil Voting Requirements: Absolute Majority

Summary of Item: This report seeks council endorsement for the provision of financial support for the following

1. Financial contribution to assist Judd Morris attend the 2018 Phuket Cup in Thailand in November

2018. Judd will be playing in the WA Country Team

2. Waiver of fees for basketball court hire for the PCYC to run a weekly basketball competition for 12 –

7 year olds for 9 weeks in Term 3

3. Waiver of fees for the Civic Centre hire on October 24th for the Early Years Network to run their

annual Children’s Festival as part of Children’s Week 2018

Description of Proposal: N/A Background: Judd Morris is a young local man, currently enrolled at the Carnarvon Community College, who has been selected as part of the WA Country Team to play at an international tournament in Thailand later this year. Judd is seeking financial assistance to cover the costs associated with him participating in this event. (Schedule 8.2.5) Judd’s request is consistent with the Guidelines (below) and it a suggest a donation of $300 (roughly 10% of his anticipated costs) would be appropriate. The PCYC is a long established local organisation, providing a range of recreational activities for children, teenagers and adults. They are currently looking to start a Basketball League in Carnarvon. As this is a pilot program they are seeking assistance through a waiver of venue hire fees. The pilot will run one day a week for nine weeks during Term 3, 2018. Once the pilot program has been completed, a decision will be made whether or not to make this an ongoing activity and appropriate funding options will be pursued. (Schedule 8.2.5) The PCYC request is consistent with the guidelines and amounts to a total cost of $747.00 and would be of benefit to the community. Early Years Networks support children aged 0 - 8 years and have an important role in developing


and implementing initiatives, services and activities aimed at improving outcomes for young children and families. The Gascoyne Early Years Network was established in 2008 and works collaboratively with local agencies and community members. Current member groups include Helping Minds, NGALA, Midwest Mental Health, Granny Glasgow’s Day Care, Carnarvon Community College and the School of the Air. (Schedule 8.2.5) This event is traditionally themed (217 was an “Outer Space” theme) and has a range of free activities and attractions, including information and interactive stalls, music, ice cream and coffee vans, a sausage sizzle and a bouncy castle. The event also provides valuable information to increase parent and caregivers’ knowledge on improving the social and emotional well-being of young children. The Shire has previously supported this event with a venue hire donation and this cost of this request is approximately $400.00. Consultation: Nil Statutory Environment: The payment of fees is required pursuant to provisions of the Local Government Act, 1995. Specifically, Section 6.12 (1) (b) of the Act affords Council the ability to waive payments as outlined below: 6.12. Power to defer, grant discounts, waive or write off debts (1) Subject to subsection (2) and any other written law, a local government may —

(a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; or (b) waive or grant concessions in relation to any amount of money; or (c) write off any amount of money, which is owed to the local government. * Absolute majority required. (2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates and service charges. (3) The grant of a concession under subsection (1)(b) may be subject to any conditions determined by the local government. (4) Regulations may prescribe circumstances in which a local government is not to exercise a power under subsection (1) or regulate the exercise of that power.

Relevant Plans and Policy: Waiver of fees and charges Policy (CO18). 1. This Policy has been prepared in consideration of, and adopted pursuant to, Section 6.12(1)(b) of the

Local Government Act, 2005 by an absolute majority vote of Council.

2. For a fee or charge to be waived under the Shire’s Annual Fees and Charges Schedule:

a) The applicant must: - be a community group or organisation that operates within the Shire of Carnarvon district; - is an incorporated body; and - have a ‘Not-for-profit’ status.

Applications from groups that do not accord with the above criteria will be referred to Council for consideration.

b) The activity, event, competition, project or celebration is to be conducted within the Shire of Carnarvon boundaries.


c) The applicant must not have already received previous funding from the Shire by way of a sponsorship, donation, community development grant or council contribution or received financial assistance from the Shire under any existing written agreement during the current financial year. (Excluding assistance by way of rates rebate or tier 1 lease fees).

d) The application must be submitted on the ’Request for Waiver of Fees and Charges’ form attached to this policy.

3. Where an activity, event, competition, project or celebration occurs on a regular basis within a financial

year (July to June), the application for financial assistance shall be based on support for the full financial year.

4. Recurrent annual or seasonal fees for sporting groups such as the sporting club levy, ground or court hire

will not be considered under this policy.

5. Only one application for a fee waiver will be supported in any one financial year (July to June).

6. Reimbursement for utility charges, such as water and electricity, will not be considered under this policy.

7. Applications are to be lodged on the Shire’s official application form at any time during the year. However, retrospective applications will not be considered under this policy if submitted after the activity, event, competition, project or celebration.

Nil Relevant Plans and Policies: The Shire of Carnarvon Community Growth Fund (CS006) provides funds to not for profit community-based organisations, event organisers and individuals to support the promotion and development of social, economic, recreational, art and cultural projects for the benefit of residents of the Shire of Carnarvon.

OBJECTIVES The Objectives of the Carnarvon Community Growth Funds are to:

• To assist the efficiency of operations of community groups by improving organisational development, asset purchases, marketing and management.

• Encourage partnerships fostering cooperative planning between groups to maximise effective use of resources

• Increase the range of and access to quality events, activities, services and groups within the Shire of Carnarvon.

• Support community development initiatives and socially responsible community approaches.

• Encourage the community to actively promote Carnarvon’s positive attributes.

• Encourage the development of excellence and leadership in recreational, sporting, economic, tourist and cultural pursuits.

CRITERIA Criteria for the assessment of applications to the Fund includes the promotion and development of activities, events, infrastructure and services in the Shire of Carnarvon such as:

• Arts, culture & entertainment

• Disability services

• Youth & family services


• Multicultural & Indigenous projects

• Seniors

• Event management & sponsorship

• Natural environment & cultural heritage

• Tourism & promotion

• Sport and recreation

• Crime prevention & community safety

• Monuments & projects to commemorate

• Events or people

• Upgrading community facilities

ESSENTIAL ELIGIBILITY CRITERIA In order to be eligible for funding an organisation must:

• Be a non-profit organisation and, depending on amount of grant requested, be able to supply audited accounts and annual reports

• Demonstrate a substantial degree of community support and representation

• Undertake to give due recognition to the Shire of Carnarvon for its contribution to their activities

• Agree to complete a specified evaluation report. Failure to do so may render the applicant ineligible for future funding.

In order to be eligible for funding an individual must:

• Achieve or demonstrate recognition in their field of endeavour at a State, National or International level. Recognition at a regional level may be considered in special circumstances

• Demonstrate a substantial degree of community support

• Provide a letter of support from the Association or Organisation relevant to their field of endeavour

• Provide the names and contact details of two referees

• Undertake to give due recognition to the Shire of Carnarvon for its contribution to their activities

• Agree to complete a specified evaluation report. Failure to do so may render the person ineligible for future funding.

• Funding application requests for individuals will only be to a maximum of $2000.00 The request from the all three applicants is consistent with the current Policy and Guidelines If these requests are successful, the individuals and organisations will be required to acknowledge the Shire as a sponsor of or partner to the event. Financial Implications: Council has not yet adopted its 18/19 budget but a provisional amount of $75,000 is currently allowed for. budget.

Date Group Amount (ex GST)

August 2018 Judd Morris $300

August 2018 PCYC $747

August 2018 Gascoyne Early Years Network $400

TOTAL $1447.00


Risk Assessment Whenever Council considers financial assistance there is a risk that a precedent will be set. Therefore, each request must be considered on its individual merits to ensure the policy is not compromised. Community & Strategic Objectives: Shire of Carnarvon Strategic Community Plan 2018 -2028


3.1.2 Support and promote opportunities for sport and recreation clubs to increase meaningful

participation

3.2 Strong community identity and spirit through arts, culture and events

3.2.1 Provide and promote visual arts facilities and exhibitions/activities

3.2.2 Provide and promote performing arts and entertainment facilities and

performances/activities

3.2.3 Provide and promote other opportunities for participation in social and cultural events and

activities

3.2.4 Support the delivery of public art initiatives

3.2.5 Provide accessible literature and life-long learning resources through library and information

services

3.3.1 Support groups to deliver community-led initiatives and activities through liaison and grants

3.3.2 Facilitate volunteering opportunities within the Shire

3.3.3 Recognition and acknowledgement of community leaders and volunteers

Comment: N/A OFFICER’S RECOMMENDATION That Council

1. Grant the request made by the Football West on behalf of Judd Morris for a donation of $300

towards the costs of attending the Phuket Cup in 2018, with payment to be made from the

Community Growth Fund

2. Donate the cost of the Basketball Court hire to the PCYC for the pilot Basketball League in Term 3

2018, with payment to be made from the Community Growth Fund to the venue hire

3. Donate the cost of the Civic Centre hire to the Gascoyne Early Years Group for their Children’s Festival

on October 24th 2018, with payment to be made from the Community Growth Fund to the Civic Centre

venue income account.


8.3.1 BAXTER SPRAY PARK File No: A97; 4A0134.10; 4C0225 Date of Meeting: 22 May 2018 Location/Address: Baxter Park, 68 Cleaver St, South 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: Simple Majority Previous Report: 24 May 2016 & 28 November 2017

Summary of Item: This report relates to actions undertaken by the Shire in response to the resolution carried by Council on 28 November 2017 requiring a risk assessment of the Baxter Park spray park, an assessment of the cost of relocating the spray park or those parts that could be practically relocated to the Carnarvon Aquatic Centre, and an estimate of establishing a new water park within the Carnarvon Aquatic Centre. The earlier decision of Council of May 2016 was to endorse works and allocate funding to relocate the Baxter Park water park to within the Shire’s Aquatic Centre. The matter was never pursued due to a lack of funding being available to establish the facility. Description of Proposal: In line with Council’s resolution requiring the Shire to undertake a risk assessment of the spray park and to establish costs associated with the relocation of the water park, or the parts suitable for relocation to the Aquatic Centre, the Shire commissioned Commercial Aquatics Australia, in collaboration with IFAP Workplace Safety Solutions, to undertake a report on the state of the existing splash park, and for the consultant to provide options and costs for the re-establishment of the facility at the Carnarvon Aquatic Centre. The OS&H Compliance Evaluation by IFAP Workplace Safety Solutions identified the broken fence and poles at the splash park as a hazard for the public who “use” the facility; and internal to the building problems with securing the floor grating when entering the sump area, poor or no containment (bunding) for containers, and no evidence of barricading to the open sump area when persons are required to enter the sump. The report also stated that the external facility is worn, tired and decaying (rusted). Regarding the condition and operation of the existing facility the report stated:

“Whilst this facility could be refurbished and even modified to reduce the number of features and have several ground type sprays, careful consideration would need to be taken by the shire as to the long term solution to reduce the risk of what has occurred previously to not re-occur. The cost involved in getting the water park refurbished and back to an operating facility could be in the order of $50,000 - $75,000. The cost involved in getting Baxter Park operational could be re-diverted to the aquatic centre to either incorporate water features within the existing toddlers’ pool area or in fact have a new small zero depth Water Park within the aquatic centre.”


In regard to the development of a new facility at the Aquatic Centre, the report states:

“The cost of a new water play area within the aquatic centre will vary on size, number of features and the like. However the existing filtration components of the Baxter Park filtration system could in fact potentially be utilized for a new water park within the centre. This could reduce costs, however more detail design would need to be undertaken to establish a more accurate cost plan. Stand-alone features could be incorporated into the existing toddler’s pool to provide better and more water interaction for the toddlers and these costs will vary on the type of feature, however an estimate of $20,000 would provide a number of features that could be included into this water space.”

It should be noted that any funding that may be available in the future will compete with other infrastructure needs within the Shire, and therefore it would be prudent for the Shire to obtain real costs for the development of a water park facility or water play area and pursue funding that may be available for the development of such a facility. Commercial Aquatics Australia have also advised that the existing concrete pad and surrounding reconstituted sandstone blocks have the potential to add value to the Baxter Park picnic area through the provision of some tables and chairs, and a shade structure. It is estimated that such works cost be achieved for approximately $10k and this sum has been put into the 2018/19 budget to facilitate the works. Background The matter of the future of Baxter Park spray park was brought to Council in November 2017, as funds had not been available to establish a new water park at the Aquatic Centre, and the existing water park had remained closed over winter. Leading up to the swim season the Shire investigated the costs associated with basic repairs of the failed plant so that the park could re-open, if the Council had a view to do so. After consideration of the matter Council resolved the following:

1. A full risk management assessment be conducted of the existing facility to determine risk to the public (safety, security and health) and the risk to the Council (liability) in continuing to operate a facility that has failed health, security, operational and water quality issues on numerous occasions in the past.

2. Council assess the cost of relocating the facility, or those parts that could practically be relocated, to the Carnarvon Aquatic Centre and constructing new where relocation is not economically possible.

3. Council test the market for cost of constructing a new water park facility at the Carnarvon Aquatic Centre and demolishing the existing facility.

4. The matter be brought back to Council when estimates are obtained with suggestions as to fitting it into the existing budget, seeking external funding to offset costs and or including in next year’s budget.

Consultation: Shire officers have sought the advice of experts in the field of recreational aquatics to bring rigor to the consideration of the matter. The proposed recommendations are the result of this expert advice, and the result also of input/investigations by staff of Infrastructure Services, and Corporate and Community Services.


Statutory Environment: The statutory environment that covers most of the public health and safety compliance matters of the water park is:

• the Health (Miscellaneous Provisions) Act 1911;

• the Health (Aquatic Facilities) Regulations 2007; and

• the Code of Practice for the Design, Construction, Operation, Management and Maintenance of Aquatic Facilities 2015.

Relevant Plans and Policy: Nil Financial Implications: The financial implications relating to the decommissioning of the water park facility relates to the removal of the existing water park infrastructure including play items, associated plumbing (as necessary), and removal of the pump/filtration shed and internal infrastructure. As noted above the sum of $10,000 has been allocated in the 2018/19 budget for removal of this infrastructure and the minor development of the site (picnic tables and shade structure) to allow the area to augment the existing park facilities within Baxter Park. It should be noted that the Clontarf Foundation has taken an interest in supporting the Shire to maintain the park, and the Clontarf students have been engaged in some work at the park as part of their work ready training; the unsafe broken fence around the water park play area has been removed. There will be financial implications with the establishment of a new water park within the Aquatic Centre and it is proposed that grant funds be sought for this proposal. Commercial Aquatics Australia has advised that the most economic outcome would be to add some play features to the children’s pool. Risk Assessment: The ongoing operation of any water park presented some level of risk to the Council depending on activities and associated maintenance. Future incorporation of the facility into the Aquatic Centre will ensure that the facility could operate within the established safety environment of the Aquatic Centre. There is an ongoing risk to the community of retaining the existing facility in its current state (corroded play equipment) and a risk to the Shire’s reputation in the local community resulting from the existing state of disrepair, and ongoing deterioration. 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 2: Natural and Built Environment A SUSTAINABLE NATURAL AND BUILT ENVIRONMENT THAT MEETS CURRENT AND FUTURE COMMUNITY NEEDS

Outcome 2.6 Shire assets and facilities that support services and meet community needs.

2.6.4 Parks, gardens and open space appropriately managed according to their need and use.

2.6.5 Buildings and facilities are appropriately managed according to their need and use.


2.6.6 Maintain town centre, fascine and town beach for enjoyment of locals and visitors, that the community take pride in.

Objective 3: Social HEALTHY, SAFE AND RESILIENT COMMUNITY, WHERE EVERYONE BELONGS

Outcome 3.1 Active community.

3.1.1 Provision of sport and recreational facilities.

Objective 5: Civic STRONG AND LISTENING COUNCIL.

Outcome 5.2 The Shire has a high standard of governance and accountability.

5.2.1 Risks are well managed.

5.2.2 Highly capable executive leadership and management.

5.2.4 The Shire will apply sustainability principles to its own operations.

Outcome 5.4 Sound financial and asset management.

5.4.1 The Shire has an Asset Management Plan in place for each asset class.

5.4.2 The Shire’s Long Term Financial Plan shows financial sustainability, with realistic renewals expenditure and a realistic rates profile.

5.4.4 Financial transactions are accurate and timely.

Comment: The Baxter Park spray park has in the past been a very popular informal water play area. Council has required that a risk assessment of the spray park be undertaken, and an assessment of the cost of relocating the spray park, or those parts that could be practically relocated, to the Carnarvon Aquatic Centre be provided; as well as an estimate of the cost of establishing a new water park within the Carnarvon Aquatic Centre. The report by Commercial Aquatics Australia, and IFAP Workplace Safety Solutions identifies that while the facility could continue to operate at the current location, a significant refurbishment is required to bring the facility up to current standards, and the facility will continue to suffer from problems associated with the exposed location; constant salt exposure which will continue to corrode the facility, and the “remote” location results in ongoing management issues (exposure to pollutants and results of poor behaviour). Commercial Aquatics Australia have recommended that the facility be decommissioned and that options

for a facility within the Aquatic Centre be pursued, including an interactive water plan feature (jets and

sprays) in the existing toddlers’ pool, or the construction of a new stand-alone zero gravity facility.

It is recommended that Council supports this course of action and directs the CEO to report to Council the

options and costs relating to the development of a water play facility within the Carnarvon Aquatic Centre,

including funding opportunities; funding can then be pursued for a development ready project.

Voting: Simple Majority


OFFICER’S RECOMMENDATION That Council,

1. Note the matters outlined above regarding the Risk Assessment associated with Baxter Park

spray park as reported by Commercial Aquatics Australia and IFAP Workplace Safety Solutions.

2. Authorises the decommissioning of the existing splash park, making safe the site, retrieving and

storing plant and equipment in good condition, and developing the concrete pad area for picnic

use with funding allocated in the 2018/19 budget.

3. Directs the CEO to report to Council the options and costs for:

a. the construction of an interactive play facility associated with the toddlers’ 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.


8.1.2 ST. JOHN AMBULANCE WA LTD – PROPOSED LAND EXCHANGE File No: A2015, A3967 Date of Meeting: 28 August 2018 Location/Address: Lot 924 (no. 5) Rushton Street Carnarvon & Lot 928 (no. 358) Robinson

Street Carnarvon Name of Applicant: St John Ambulance WA Ltd Name of Owner: Shire of Carnarvon; St John Ambulance WA Ltd; State of Western

Australia Author/s: Paul Lees, Executive Manager Development Services Declaration of Interest: Nil Voting Requirements: Recommendation 1 - Absolute Majority

Recommendation 2 - Absolute Majority Recommendation 3 - Simple Majority

Previous Report: 28 February 2012

Summary of Item: To brief Council on the progress of the proposed land exchange with St John Ambulance WA Ltd (St John) and the Shire of Carnarvon, being the exchange of Lot 924 Rushton Street (Lot 924 on Deposited Plan 168756) with Lot 928 Robinson Street (Lot 928 on Deposited Plan 406006.); and to propose that Council writes to Hon. Rita Saffioti Minister for Transport; Planning; Lands seeking the Minister’s assistance in achieving a successful land swap with St John that ensures that the Rushton Street buildings are not required to be demolished. Provided the process outlined above is successful, to also seek Council’s agreement to the Shire commencing the subdivision process for the creation of an individual parcel of land on Robinson Street of approximately 4724m2 to accommodate the St John Ambulance substation. Description of Proposal: This report provides Council with the history of the proposed land exchange with St John, and the details of recent officer level advice received from the Department of Planning, Lands and Heritage - Land Use Management (the Department) regarding the process that should be followed for the discharge of a property held in Crown Grant in Trust. As noted above the item also requests that Council write to the Minister for Transport; Planning; Lands (the Minister) to request the Minister’s support in expediting the land exchange with the Rushton Street buildings intact. It should be noted that the request for written support from the Minister results from recent meetings between St John representatives and Shire officers where it became apparent that support at the Ministerial level may assist in obtaining a pragmatic land swap outcome that ensures that the existing buildings on Lot 924 Rushton Street can be retained for community use, rather than demolished as is suggested by Department officers. Some actions have been undertaken in regard to Council’s resolution of February 2012, however the matter has stalled over the requirements of the Department in regard to the Crown Grant in Trust. The advice of the Department regarding the requirements surrounding land held as Crown Grant in Trust is outlined in detail below. The aerial photos below show the two sites that are the subject of the Council item. Lot 924 Rushton Street, Carnarvon is the site currently held by St John as a Crown Grant in Trust. Lot 928 Robinson Street, Carnarvon is the site over which St John holds a portion of land (some 3000m2) as a lease from the Shire of Carnarvon for a twenty (20) year term executed in 2013.


Lot 924 Rushton Street Carnarvon Lot 928 Robinson Street Carnarvon

Background

Council resolution The matter was previously brought to Council on 28 February 2012. Council resolved to support the development of a new St John Ambulance substation, and for a 4000m2 portion of land to be excised from Lot 587 Robinson Street (now Lot 928) and agreed to an exchange of land being the subdivided area at Robinson Street for the Lot 924 Rushton Street property occupied by St John, as a freehold exchange. Council determined: (1) Inform the St John Ambulance it supports establishment of a new Carnarvon ambulance substation up

to an area of 4,000m2 of land excised from the western portion of Lot 587 Robinson Street , and is prepared to entertain an initial 2-5 year lease at a peppercorn rental and an acceptable land swap (based on valuation) involving the subdivision of up to a 4,000m2 site as a freehold lot in exchange for Lot 924 Rushton Street Carnarvon, subject to:

a) The Department of Regional Development and Lands – State Land Services agreeing in writing to

the proposed land exchange with Lot 924 Ruston Street being presented to the Shire as an unencumbered “fee simple’ land parcel;

b) The subdivision process being facilitated by the Shire using in-house resources (where possible) and meeting all costs associated with the subdivision application and survey works through to preparation of the Deposited Plan, and St John Ambulance accepting responsibility (in writing) for all lodgement and other costs applicable to the creation of a new Certificate of Title.

c) St John Ambulance accepting (in writing) 50% of the cost of valuations to be arranged by the Shire to assist in determining the acceptable land exchange.

d) A development application and subsequent building application being lodged with the Shire for approval with all conditions being met within a timely manner and implemented to a high standard.

e) A survey conducted to determine impact on existing and future use of the runway.

(2) Delegate authority to the Chief Executive Officer to: a) Negotiate the terms and conditions of the lease up to 4,000m2 of land as described in

recommendation 1 above, with the lease document to be presented to Council for determination and then proceed with processing of the lease pursuant to Section 3.58 - Disposing of Property of the Local Government Act, 1995;

b) Entertain initial discussions with St John Ambulance and all relevant state government agencies on

an acceptable land exchange as outlined in recommendation (1) above in consideration of due process outlined under Section 3.59 - Commercial enterprises by local governments of the Local Government Act, 1995. [sic]


The above Council resolution was the result of recommendations to Council apparently prepared on the basis that:

• St John representatives were of the view that Lot 924 Rushton Street could be ‘unfettered’ from the Crown Grant in Trust status and that St John could obtain freehold title over this land;

• Shire staff supported the above view, and therefore proceeded to progress the lease over the Robinson Street parcel to be offered to St John for the construction of a new ambulance substation (note that the lease area does not reflect the area prescribed by Council in the resolution); and

• Shire staff supported the proposed land transfer, and the cost sharing arrangement relating to the subdivision and registration of the new titles for the new Lot 928 Robinson Street parcel.

In response to the resolution of Council of 28 February 2012, the following actions were undertaken by Shire officers:

• Shire officers issued to St John a 20-year lease over “some 3000m2” of land as a portion of Lot 587 Robinson Street which commenced in the year 2013; and

• Shire officers approved the development and building applications for the buildings relating to the new St John Ambulance substation which has now been constructed.

Issues On 29 June 2018 officers of the Shire met with representatives of St John (Mr. Tom Scutt and Mr. Dennis Wade) to gain an understanding of the history of the project, and to provide to St John the advice received from the Department regarding the options available under the Land Administration Act 1997 (LAA) as it relates to Crown Land in Western Australia. The Department has provided the following officer level advice:

• Lot 924 Rushton Street is restricted by the Crown Grant in Trust conditions for the sole use of the site as an ‘Ambulance Depot’.

• St John owns the improvements (buildings) located on Lot 924 Rushton Street.

• St John does not have any equity in the Crown land on which the improvements are situated.

• When a Crown Grant in Trust is surplus to the trustee’s requirements and the trustee no longer intends to utilise the Crown land for the specific purposes identified in the Crown Grant in Trust, the trustee must remove the improvements, remediate the land, and surrender the Crown Grant in Trust to the State.

• A valuation should be obtained prior to the removal or cancellation of the Trust conditions under S. 75 of the LAA 1997.

The Department has further advised that St John in capacity as the Trustee of Lot 924 Rushton Street, has no right, equity or authority to deal in any land transaction involving Lot 924 Rushton Street whilst the specific conditions of the trust exist to encumber and restrict Lot 924 Rushton Street to the specific use as ‘Ambulance Depot’. The Department has advised that prior to entering into any negotiations with a third party (Shire of Carnarvon), St John must comply with its obligations as imposed by the conditions of the Trust and apply to the Department requesting the removal of the Trust conditions. An application for land to be granted conditional freehold under the Land Administration 1997 (s.75) will require the approval of the Minster. Any request to the Department for the removal of the Trust will be reviewed to determine whether there are any particular public interest or values in the land that warrant the ongoing protection of the Trust. If any interest or values of the site are determined to exist, the application may be refused.


Additionally, the Department has advised: “Under s. 68 of the Transfer of Land Act 1893 a person who attains the status of registered proprietor by transfer, is granted indefeasibility of title, still subject to the conditions in the original Crown Grant in Trust. Regardless of whether the sole use of the CGIT are noted on subsequent Certificate of Titles remain, the CGIT can only be removed by legal process. Conditional Tenuring land can lawfully be transferred but the original covenant of the CGIT remains, the transferee can only utilise the land for the purpose of the Trust. Following a 1993 Supreme Court case of Ramage v The Druids, the Minister approved a general policy of not allowing the transfer of Crown Grants in Trust”. The Department has also advised that the Minister of Transport; Planning; Lands must approve conditional tenure disposal before any commitment can be undertaken; and that the Department will request a current unimproved market valuation of Lot 924 Rushton Street from the Valuer Generals Office. Upon approval of the valuation, the Trustee will be advised of the consideration for Lot 924 required to be paid to the Crown to obtain unfettered fee simple freehold (removal of the Trust). If the Trustee wishes to proceed, the Department will prepare a submission to the Minister for consideration. Regarding the Robinson Street site, it should be noted that St John have now requested an area of 4000m2 due to the fact that the substation development has taken up significantly more of the site than the area previously sought. The notated aerial photos below demonstrate that the area remaining from a 4000m2 subdivision would not provide a viable portion of land for any future economic use. It is therefore recommended that the subdivision of the area to create a land parcel for St John includes the entire rear boundary (southern portion) that provides for an area of approximately 4,724m2.

Lot 928 Robinson St (approx. 4000m2 site area) Lot 928 Robinson St (approx. 4724m2 site area)

To ensure that funding is available for the proposed subdivision, an amount of $15,000 has been included in the 2018/19 budget to finance the survey work, subdivision application preparation and lodgment of the deposited plan with Landgate.


Consultation: As noted above the matter has previously been brought to Council, with a resolution made by Council on 28 February 2012. The matter has also been discussed with officers of the Department, representatives of St John Ambulance WA Ltd, and internally within the Shire. Statutory Environment: Land Administration Act 1997 The Land Administration Act 1997 applies to all Crown Land in the State, including Crown Land which is dedicated, reserved, set apart or vested under another written law. Clause 17 of the Second Schedule of the LAA transitions s.33(4) Land Act 1933 Crown Grants in Trust to become s.75 of the LAA subject to Cl. 17 (1) (a) same conditions and with the same purposes as the fee simple so granted. Clause 2 of the Third Schedule to the LAA transitions Crown grants in trust issued under the Land Act 1898 and other pre-1933 Land Act Legislation to become s. 75 LAA tenures subject to the same conditions and the same purposes as the fee simple so granted. Dealings in Land Act 1933 and pre-Land Act 1933 Crown Grants in Trust now require the Minister’s consent. The process to remove a Crown Grant in Trust must be undertaken by the applicant to whom the Trust is registered. Planning and Development Act 2005 Part 10 – Subdivision and development control Division 2 – Approval for subdivision and certain transactions Division 3 – Conditions of subdivision Division 4 – Subdivision costs The proposed subdivision process will be undertaken consistent with all the relevant requirements of the Planning and Development Act 2005. Relevant Plans and Policy: There are no relevant plans and policies pertinent to this application. Financial Implications: The financial implications associated with the proposal have been outlined above. Risk Assessment: There are no risks to the Shire of Carnarvon related to the proposal as outlined above. Community & Strategic Objectives: The proposal 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

Outcome 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.

Outcome 5.4 Sound financial and asset management

5.4.1 The Shire has an Asset Management Plan in place for each asset class

5.4.2 The Shire’s Long Term Financial Plan shows financial sustainability, with realistic renewals expenditure an a realistic rates profile



Comment: The advice of the Department has been very specific in outlining the options available for Department officers to resolve the matter being:

• When a Crown Grant in Trust is surplus to the Trustee’s requirements and the Trustee no longer intends to utilise the Crown land, and the improvements are situated on the land for the specific purpose identified in the Crown Grant in Trust. The Trustee must remove the improvements, remediate the land as required, and surrender the Crown Grant in Trust to the State.

• St John in capacity as the Trustee of Lot 924 Rushton Street, has no right, equity or authority to deal in any land transaction involving Lot 924 Rushton Street whilst the specific conditions of the Trust exist to encumber and restrict Lot 924 Rushton Street to a specific use.

• Prior to entering into any negotiations with a third party (the Shire of Carnarvon) to deal with the Crown Grant in Trust land, St John must comply with its obligations as imposed by the conditions of the Trust and apply to the Department requesting the removal of the Trust conditions. An application for land to be granted Conditional Freehold under the Land Administration Act 1997 (s.75) will require the approval of the Minster for Transport; Planning; Lands.

• Any further action to remove the encumbrance of the Trust will be based upon the decision of the Minister or the Minister’s delegate.

However, as noted above the proposed actions will result in the removal of the existing sound buildings on Lot 924 Rushton Street and will require St John to purchase the site from the State at current market value to obtain freehold title, should the Minister agree, prior to undertaking a land swap with the Shire. The finalization of the process also involves the subdivision of a portion of Lot 928 Robinson Street and the creation of new freehold titles to define a parcel to be available for the land exchange. While the Department’s advice is clear regarding the necessary actions to be taken now, the parties have proceeded since 2012 to act in good faith that a direct land swap was possible. Given this situation a direct approach to the Minister may possibly assist in expediting the land exchange with the Rushton Street buildings intact. It is therefore proposed that Council write to the Minister requesting the Minister’s intervention in this matter to allow a land transfer (swap) to occur without the removal of the existing buildings on the Rushton Street site; buildings that have value to the community. Provided that the above process is successful, it is recommended that the Shire commences the subdivision process for the creation of a parcel of land on Robinson Street of approximately 4724m2 as freehold title for the transfer to St John Ambulance WA Ltd, provided the property valuations are similar. It is also recommended that the Shire fund the subdivision of Lot 928 Robinson Street as described above and register the new lots with Landgate to allow for the transfer of land parcels. OFFICER’S RECOMMENDATION 1 That Council pursuant to Reg.10 (1a) of the Local Government (Administration) Regulations 1996 agree to

consider a rescission of its previous motion FC 18/02/12 made on 28 February 2012.

(Requires 1/3 of the number of offices of members whether vacant or not)

OFFICER’S RECOMMENDATION 2 That Council pursuant to Reg.10 (1a) of the Local Government (Administration) Regulations 1996 rescind

the motion FC 18/02/12 made at its 28 February 2012 Ordinary Meeting as repeated below:

That Council:

(1) Inform the St John Ambulance it supports establishment of a new Carnarvon ambulance substation up to an area of 4,000m2 of land excised from the western portion of Lot 587 Robinson


Street , and is prepared to entertain an initial 2-5 year lease at a peppercorn rental and an acceptable land swap (based on valuation) involving the subdivision of up to a 4,000m2 site as a freehold lot in exchange for Lot 924 Rushton Street Carnarvon, subject to: a) The Department of Regional Development and Lands – State Land Services agreeing in

writing to the proposed land exchange with Lot 924 Ruston Street being presented to the Shire as an unencumbered ‘fee simple’ land parcel;

b) The subdivision process being facilitated by the Shire using in-house resources (where possible) and meeting all costs associated with the subdivision application and survey works through to preparation of the Deposited Plan, and St John Ambulance accepting responsibility (in writing) for all lodgment and other costs applicable to the creation of a new Certificate of Title.

c) St John Ambulance accepting (in writing) 50% of the cost of valuations to be arranged by the Shire to assist in determining the acceptable land exchange.

d) A development application and subsequent building application being lodged with the Shire for approval with all conditions being met within a timely manner and implemented to a high standard.

e) A survey conducted to determine impact on existing and future use of the runway.

(2) Delegate authority to the Chief Executive Officer to: a) Negotiate the terms and conditions of the lease up to 4,000m2 of land as described in

recommendation 1 above, with the lease document to be presented to Council for determination and then proceed with processing of the lease pursuant to Section 3.58 - Disposing of Property of the Local Government Act, 1995;

b) Entertain initial discussions with St John Ambulance and all relevant state government agencies on an acceptable land exchange as outlined in recommendation (1) above in consideration of due process outlined under Section 3.59 - Commercial enterprises by local governments of the Local Government Act, 1995.

(Absolute Majority) OFFICER RECOMMENDATION 3 THAT Council:

1. Writes 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.

3. Approves the funding of all associated costs relating to the actions outlined in the above item, that being Item 2 of officer recommendation no. 3.


8.3.3 PROPOSED 24HR UNSTAFFED FUEL BOWSER AT WORLD FUEL SUPPLIES - CARNARVON AIRPORT

File No: A3057 Date of Meeting: 28 August 2018 Location/Address: Lot 547 (26) James St, Carnarvon WA 6701 Name of Applicant: Alastair Urquhart, World Fuel Supplies 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: N/A

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 Supplies 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 Supplies Pty ltd.

The full application can be found at Schedule 8.3.3 (a). The site plan and lease area can be seen below in Figures 1 and 2.

Figure 1 Proposed fuel bowser and above ground pipework within lease area


Figure 2 Lease area adjoining runway apron Background: World Fuel Supplies 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 8.3.3 (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 8.3.3 (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 CASA and the need for this approval has been included in the advice notes associated with the recommended Notice of Determination. The advice of CASA can be found at Schedule 8.3.3 (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 3 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 buffers and the interpretation of where the measurements are made. The proponent will require further approval from the Civil Aviation Safety Authority regarding Civil Aviation Order 20.9. This requirement has been included as an advice note in the recommended Notice of Determination. 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 Supplies Pty ltd and approved by this determination.

2. Prior to the operation of the facility, World Fuel Supplies Pty Ltd must provide written evidence of the approval of the activity from the Civil Aviation Safety Authority for the refuelling of aircrafts via an unstaffed fuel bowser under the controls of Civil Aviation Order 20.9.

3. World Fuel Supplies Pty Ltd shall undertake marking on the apron area to the satisfaction of the Airport Operations Manager and CASA representative issuing relevant licensing prior to operating the facility.

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.


8.4.1 INFRASTRUCTURE MONTHLY REPORT – AUGUST 2018

File No: – Date of Meeting: 28 August 2018 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Wayne Sanderson – Infrastructure Operations Manager Karlene Wood – Acting 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 August 2018.


8.4.2 STORMWATER DRAINAGE BASIN MANAGEMENT – BABBAGE ISLAND ROAD File No: 5D0201 Date of Meeting: 28th August 2018 Location/Address: Lot 1321 Babbage Island Road, Reserve 32027 Name of Applicant: Water Corporation Name of Owner: State of WA (Vested in Water Corporation) Author/s: Renee Lathwell, Engineering Technical Officer David Nielsen – Executive Manager Infrastructure Services Declaration of Interest: N/A Voting Requirements: Recommendation 1 - Simple Majority Recommendation 2 – Absolute Majority

Summary of Item: An existing earth basin is located on Water Corporation controlled land. WaterCorp has requested transfer of management of the basin to the Shire of Carnarvon for stormwater purposes. This report recommends acceptance of management responsibility transfer subject to conditions ensuring the transfer is at no cost to Council and that the site is remediated to a state fit for purpose. Description of Proposal: WaterCorp have proposed that the Shire of Carnarvon takes management responsibility for an earth basin or sump area in the south western corner of Lot 1321 for the purposes of a stormwater drainage. The existing site is overgrown with vegetation. There is also evidence of silting. Existing fencing around the site is in very poor condition or missing altogether. For Council to assume responsibility for the site, it is recommended the sump is cleared of all vegetation and silt and fenced to an appropriate standard. Background: It is unclear when the basin was installed. It is thought that it has at some stage been utilized as an emergency overflow for sewerage treatment works tanks that have subsequently been decommissioned. Fencing existed around the site at some point in time. This fencing is in very poor condition and is beyond economic repair. A stormwater outlet from the Shires stormwater system currently discharges to the basin. Anecdotal evidence suggests that in times of prolonged rainfall that the area partially fills with water. Anecdotal evidence also suggests the site can be a mosquito breeding area. A similar basin structure exists in the western corner of the Festival Grounds facility on the corner of Gascoyne and Isles Roads. That area is fenced to prevent public access and is maintained to a mowed grassed surface standard. Consultation: Water Corporation SOC Operations Manager SOC Environmental Health Officer Statutory Environment: Section 5.42 of the Local Government Act 1995 applies regarding Recommendation 2.


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 recommendation does not have immediate financial implications for Council. There will be costs associated with ongoing maintenance of the drainage basin including but not limited to:

• Mowing, brush cutting and general vegetation management;

• Periodic silt removal; and

• Mosquito breeding monitoring. Ongoing maintenance costs are estimated as follows:

• Vegetation management – bi annually - $500 - $600 p.a.

• Silt removal – completed at least once every 10 years - $3200ea

• Mosquito monitoring – as required $200 – 300 p.a. It is reasonably considered that these costs can be incorporated into normal operational expenditures. Risk Assessment: The “do-nothing” scenario – Currently, the site serves no function in relation to sewerage treatment and the site is utilized only as a stormwater detention basin. To ensure there is appropriate site management in place, responsibility of the site should rest with the most relevant agency which is this case, is the Shire of Carnarvon. Doing nothing will leave the site in the hands of an agency that is not responsible for the management of stormwater infrastructure and it is reasonable to anticipate ongoing and long-term maintenance of the site to be problematic. Public Access Risk – Generally the basin will be dry however during periods of rainfall it is likely to contain water to a depth that could pose a drowning risk. Adequate fencing around the perimeter of the site will mitigate this risk. Similar fencing is in place at existing stormwater detention basins in built up areas. Fire Risk – The overgrown nature of the site poses a fire risk particularly due to its location adjacent to residential areas and a public road. Clearing and maintaining site vegetation will mitigate this risk. Site Contamination Risk – The site is not registered as a contaminated site. WaterCorp advise they have a series of groundwater monitoring bores along the boundary of the sewerage treatment area. These bores are tested on a regular basis and results reported to the regulator as part of their site licensing conditions. They advise no groundwater contamination issues have been identified. If the site was contaminated, it would be re3asonable to expect that contamination to be detected in the groundwater. Mosquito Habitat Risk – Advice from the Shire Environment Health Officer indicates that mosquito breeding is more likely in sites that contain water combined with vegetation. Maintaining the site vegetation mitigates the risk of mosquito breeding and if detected, mosquito control measures are relatively simple and effective to implement. The most effective vegetation control in terms of mosquito management is the clearance of all vegetation and maintenance to a mowed grass standard. It is noted that some significant


trees exist onsite and WaterCorp have suggested obtaining advice from an aborist regarding what vegetation (if any) is practical to retain. Existing mosquito monitoring of the site already occurs and it has generally been noted that standing water is not present however it would be expected in more prolonged rainfall periods. Community & Strategic Objectives:

Goal 2: Natural and built environment


2.3 Flood control and stormwater management practices that are efficient and sustainable

2.3.1 Provide for effective management and maintenance of Council’s flood control and

stormwater infrastructure

Comment: On balance, as the sump will provide function to the stormwater system, a clear determination of management responsibility is considered necessary to ensure the site is maintained fit for its purpose. OFFICER’S RECOMMENDATION 1 That Council accepts management responsibility for the basin located in the south west corner of Lot 1321 Babbage Island Road for stormwater purposes subject to the following conditions:

a) Prior to transfer execution, the site shall be fenced and gated to a man proof standard;

b) Prior to transfer execution, the site shall be remediated and cleared of vegetation and silt to the satisfaction of the Chief Executive officer (or delegate); and

c) Management responsibility transfer and the above works is carried out at no cost to Council.

OFFICER’S RECOMMENDATION 2 That Council:

a) Delegates authority to the CEO to negotiate and execute any necessary documentation associated with the transfer; and

b) Delegates authority to the CEO to waive fees associated with disposal of fencing, vegetation and silt associated with the remediation of the site.
