unconfirmed minutes ordinary council meeting … · unconfirmed minutes . ordinary council meeting...

192
File Code: OR.MTG 5/2 UNCONFIRMED MINUTES ORDINARY COUNCIL MEETING 11 APRIL 2017

Upload: phungnguyet

Post on 24-Aug-2018

231 views

Category:

Documents


0 download

TRANSCRIPT

File Code: OR.MTG 5/2

UNCONFIRMED MINUTES

ORDINARY COUNCIL MEETING

11 APRIL 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C1 APRIL 2017

UNCONFIRMED MINUTES

ORDINARY COUNCIL MEETING 11 APRIL 2017

ATTENTION/DISCLAIMER

These minutes are subject to confirmation. The purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by an Elected Member or employee, or on the content of any discussion occurring during the course of the Meeting. Persons should be aware that regulation 10 of the Local Government (Administration) Regulations 1996 establishes procedures to revoke or change a Council decision. No person should rely on the decisions made by Council until formal written advice of the Council decision is received by that person. The Shire of Mundaring expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by an Elected Member or employee, or the content of any discussion occurring during the course of the Council Meeting.

LEGEND To assist the reader, the following explains the method of referencing used in this

document:

Item Example Description Page Numbers C1 APRIL 2017 (C2,

C3, C4 etc) Sequential page numbering of Council Agenda or Minutes for April 2017

Report Numbers 10.1 (10.2, 10.3 etc)

11.1 (11.2, 11.3 etc)

Sequential numbering of reports under the heading “10.0 Reports of Committees” or “11.0 Reports of Employees”

Council Decision Reference

C7.04.17 Council Decision number 7 from Council meeting April 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C2 APRIL 2017

CONTENTS

1.0 OPENING PROCEDURES 4

1.1 ANNOUNCEMENT OF VISITORS ........................................................................ 4

1.2 RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ................. 4

2.0 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION 5

3.0 DECLARATION OF INTEREST 5

3.1 DECLARATION OF FINANCIAL INTEREST AND PROXIMITY INTERESTS ....................... 5

3.2 DECLARATION OF INTEREST AFFECTING IMPARTIALITY ........................................ 5

4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 5

5.0 PUBLIC QUESTION TIME 5

6.0 APPLICATIONS FOR LEAVE OF ABSENCE 7

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 8

C1.04.17 ........................ 8

8.0 PRESENTATIONS 8

8.1 DEPUTATIONS .............................................................................................. 8

8.2 PETITIONS ................................................................................................... 8 C2.04.17 ........................ 9

8.3 PRESENTATIONS .......................................................................................... 9

9.0 REPORTS OF COMMITTEES 9

10.0 REPORTS OF EMPLOYEES 10

10.1 ADOPTION OF POLICY HS-02 - MOBILE VENDORS ON SHIRE LAND ....................... 10 C3.04.17 ...................... 16 C4.04.17 ...................... 17 C5.04.17 ...................... 17

10.2 LOT 239 WILKINS STREET, BELLEVUE – SCHEME AMENDMENT NO. 9 ................... 32 C6.04.17 ...................... 35

10.3 DEDICATION OF UNALLOCATED CROWN LAND – LOT 183 THROSSELL STREET, SAWYERS VALLEY ....................................................................................... 47

C7.04.17 ...................... 49 10.4 NAMING OF NEW FACILITY AT MUNDARING RECREATION GROUND ....................... 56

C8.04.17 ...................... 59 10.5 DELEGATIONS REGISTER – ANNUAL REVIEW .................................................... 60

C9.04.17 ...................... 64 10.6 WALGA HONOURS PROGRAM NOMINATIONS 2017 ........................................ 124

10.7 LIST OF PAYMENTS MADE DURING FEBRUARY 2017 ......................................... 126 C10.04.17 .................. 127

10.8 STATEMENT OF FINANCIAL ACTIVITY – FEBRUARY 2017 ................................... 174

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C3 APRIL 2017

C11.04.17 .................. 176

11.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 192

12.0 URGENT BUSINESS (LATE REPORTS) 192

13.0 CONFIDENTIAL REPORTS 192

14.0 CLOSING PROCEDURES 192

14.1 DATE, TIME AND PLACE OF THE NEXT MEETING .............................................. 192

14.2 CLOSURE OF THE MEETING ......................................................................... 192

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C4 APRIL 2017

ORDINARY COUNCIL MEETING COUNCIL CHAMBER

1.0 OPENING PROCEDURES

The Presiding Person declared the meeting open at 6.31pm.

Acknowledgement of Country

Shire of Mundaring respectfully acknowledges Noongar elders past and present and their people (specifically the Whadjuk people who are from this area) who are the traditional custodians of this land.

Recording of Meeting Members of Council and members of the gallery are advised that this meeting

will be audio-recorded. 1.1 Announcement of Visitors

The Presiding Person welcomed Matthew Hughes MLA, member for Kalamunda.

1.2 Record of Attendance/Apologies/Approved Leave of Absence

Elected Members

Cr David Lavell (President)(Presiding Person)

South Ward

Cr Trish Cook Cr James Martin

South Ward South Ward

Cr Patrick Bertola (Deputy President) East Ward Cr John Daw East Ward Cr Stephen Fox East Ward Cr Doug Jeans Central Ward Cr Lynn Fisher Central Ward Cr Pauline Clark West Ward Staff Jonathan Throssell Chief Executive Officer Mark Luzi Director Statutory Services Paul O’Connor Director Corporate Services Kirk Kitchin Acting Director Strategic & Community

Services Liam Noonan Acting Director Infrastructure Services Angus Money Manager Planning and Environment Kaye Abel Manager Libraries and Community

Engagement Ruth Broz Minute Secretary Apologies Cr Bob Perks Central Ward

Cr Tony Brennan West Ward Absent Nil

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C5 APRIL 2017

Leave of Cr Tony Cuccaro West Ward Absence Guests Nil Members of the Public

28

Members of the Press

Sarah Brookes

The Hills Gazette

2.0 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT

DISCUSSION

The Presiding Person advised that Item 10.6 had been withdrawn. 3.0 DECLARATION OF INTEREST 3.1 Declaration of Financial Interest and Proximity Interests

Elected Members must disclose the nature of their interest in matters to be discussed at the meeting (Part 5 Division 6 of the Local Government Act 1995). Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting (Sections 5.70 and 5.71 of the Local Government Act 1995). Nil

3.2 Declaration of Interest Affecting Impartiality An Elected Member or an employee who has an interest in a matter to be discussed at the meeting must disclose that interest (Shire of Mundaring Code of Conduct, Local Government (Admin) Reg. 34C).

Nil 4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON

NOTICE

Nil

5.0 PUBLIC QUESTION TIME 15 minutes (with a possible extension of two extra 15 minute periods) are set aside at the beginning of each Council meeting to allow members of the public to ask questions of Council. Public Question Time is to be conducted in accordance with Shire of Mundaring Meeting Procedures Local Law 2015.

Summary of Question Summary of Response David Silk, 33B Owen Road, Darlington 1. Are you aware that

telecommunications companies(including Telstra, Vodaphone, AT&T, Verizon) advise

The Presiding Person advised that he was not aware of this specific matter.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C6 APRIL 2017

their shareholders in their annual reports that they are subject to class action lawsuits relating to adverse health effects & illnesses from electromagnetic radiation which may result in a payout that could materially adversely affect their financial results?

2 Are you aware Warringah Council, Sydney rejected a mobile base station on the ground that the Council could be liable to litigation on the health effects of electromagnetic radiation in the future, and are you also aware that telecommunications companies will not indemnify councils from losses from lawsuits relating to adverse health effects of electromagnetic radiation from mobile phone towers, and that all insurance companies expressly exclude liability to councils for such lawsuits, and that, accordingly, council cannot get any insurance against this risk?

The Presiding Person advised that he was not aware of this specific matter.

Neil Matthews, 13 Maslin Crescent, Darlington 1. In light of the 2 previous questions,

will the council/shire obtain a written legal opinion regarding liability of the council in the event of any lawsuits or class actions associated with the health effects of EMR (Electro Magnetic Radiation) from mobile phone towers? Where will the money come from to pay out in such cases?

The CEO advised Council is required to consider the planning considerations of the application rather than the health effects of a proposal. If at some future point there is legal action contemplated against the Shire, legal advice would be sought at that time.

2 Recently, NBNCO appealed a decision by the Shire of Kalamunda to reject a mobile phone tower in Pickering Brook to S.A.T which was subsequently withdrawn by NBNCO because mediation led to the selection of an alternate location which was satisfactory to all stakeholders. Given the widespread community opposition to the proposed Optus tower in

The Presiding Person advised that the planning officers will be working with Optus to find an alternative location if the present site is not suitable.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C7 APRIL 2017

Darlington, as evidenced by the near 400 signature petition submitted this evening, will Shire Officers work with Optus to fully explore alternatives which would be more acceptable to the community?

Janie Matthews, 13 Maslin Crescent, Darlington 1. Given the lack of detail in several

aspects of the submitted proposal, will the Shire provide any additional information received from Optus in regard to the tower proposal to the public for review as soon as it is received? We would consider 14 days before the matter is heard by Council to be an appropriate period for the public to read and digest the additional information.

The Presiding Person advised that he didn’t think that it was possible. The CEO advised that he has sufficient information to meet legislative requirements regarding the preparation of the report to Council. .

2 Will the Shire advise what, if any, local ‘works’ will need to be undertaken by Optus to connect the proposed tower by underground fibre or cable to the nearest exchange in Darlington which is some 800m from the proposed site?

The Presiding Person advised that this matter is not a subject of the current application.

David Mattock, 335 Bushlands Road, Hovea 1. Has the Shire received any

complaints in regard to breaches of Code of Conduct against Shire employees?

The CEO advised that a complaint was received last year making allegations regarding breaches. It was investigated by an independent body and the complainants were notified of the findings that no breaches had occurred. There have been no further formal complaints received since that time.

Pasquale Benedetto, 90 Horace Street, Sawyers Valley 1. When will the 360 degree Review

of Mundaring Council take place so that it can identify value for money thus reduce or eliminate any cost increases to ratepayers?

The Presiding Person advised that the workshops are ongoing but the final decision will come when the budget is set in June/July.

6.0 APPLICATIONS FOR LEAVE OF ABSENCE

Nil

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C8 APRIL 2017

7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

That the minutes of the Ordinary Council Meeting held Tuesday 14 March 2017 be confirmed. CARRIED 9/0

For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Fox, Cr Cook, Cr Bertola, Cr Jeans, Cr Lavell Against: Nil

8.0 PRESENTATIONS

8.1 Deputations

1. Lindsay Earnshaw – Item 10.3 – Unallocated Crown Land - Lot 183 Throssell Street, Sawyers Valley

8.2 Petitions

Cr Jeans presented a petition from Mr Neil Matthews of 13 Maslin Crescent, Darlington which contained 250 valid signatures from electors and 136 signatures which were not valid as they were not recorded as being electors of the district on the current electoral roll. We the undersigned electors in the Shire of Mundaring request that the Council reject the proposal to build an Optus telecommunications tower (“Tower”) at 320 Victor Road/11 Maslin Crescent for the following reasons:

• The Tower will be highly obtrusive and an eyesore in this beautiful rural valley. It will significantly adversely impact the visual amenity of the area for the residents of the adjoining properties, for residents of hillside properties overlooking the proposed site and for the many visitors walking, riding or driving through the area.

• The proposed site is at the bottom of a valley and, therefore, will not

improve mobile coverage for Darlington residents. Coverage could be improved by enhancing the existing towers in Darlington, or by placing a tower at a higher elevation in a secluded location on the periphery of Darlington.

• The proposed Tower is clearly a Large Scale installation due to its size

and visual obtrusiveness, and therefore is not permitted under current Shire regulations on this Rural Residential site.

COUNCIL DECISION C1.04.17 RECOMMENDATION Moved by Cr Daw Seconded by Cr Clark

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C9 APRIL 2017

That the petition be received and referred to the CEO for action. CARRIED 9/0

For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Fox, Cr Cook, Cr Bertola, Cr Jeans, Cr Lavell Against: Nil

8.3 Presentations

Nil

9.0 REPORTS OF COMMITTEES

Nil

COUNCIL DECISION C2.04.17 MOTION Moved by Cr Jeans Seconded by Cr Cook

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C10 APRIL 2017

10.0 REPORTS OF EMPLOYEES 10.1 Adoption of Policy HS-02 - Mobile Vendors on Shire Land

File Code OR.OPP 1 Author Lauren Critchell, Environmental Health Officer Senior Employee

Mark Luzi, Director Statutory Services

Disclosure of Any Interest

Nil

SUMMARY: At its meeting on 14 December 2016 Council resolved to advertise the draft Mobile Vendors Policy (refer ATTACHMENT 1) for a period of 30 days commencing in early January 2017 (C7.12.16). Public advertising of the draft Mobile Vendors on Shire Land Policy concluded with nine submissions being received. Public opinion was divided with four in support, four objections and one question. Council is now requested to consider the submissions on the Policy and make a decision whether or not to adopt the Policy. Having regard to the submissions, and in seeking a consistent, transparent approach to dealing with the applications for mobile vendors, it is recommended Council adopts the draft Mobile Vendors on Shire Land Policy. BACKGROUND: This policy is designed to guide the assessment and determination of applications from mobile vendors seeking to operate on Shire land. It aims to encourage the use of under-utilised public places, to guide the type and location of vendors and to outline operating requirements and conditions in order to protect the amenity of the area. There already exists a delegation to officers (under the Shire of Mundaring Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law (Local Law)) to approve mobile vendors. A policy relating to mobile vendors on Shire owned or managed land would ensure that there is transparency in the assessment of applications and result in consistent, fair decisions that protect the amenity of the area, as well as ensure that all business owners and applicants are aware of any/all requirements upfront. Clause 4.4(1) of the Local Law requires the assessment of any stallholder application to have regard to any relevant policies of the local government. Despite significant interest from a number of people wishing to establish a food stall on various Shire owned reserves (predominantly Sculpture Park), officers

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C11 APRIL 2017

have to date declined to accept an application pending the adoption of a policy to guide such proposals. STATUTORY / LEGAL IMPLICATIONS: Relevant Legislation includes: • Local Government Act 1995 • Activities on Thoroughfares and Trading in Thoroughfares and Public

Places Local Law • Health Local Law • Environmental Protection (Noise) Regulations 1997 • Environmental Protection (Unauthorised Discharge) Regulations 2004 • Food Act 2008 and FSANZ Food Safety Standards. FINANCIAL IMPLICATIONS: The draft policy provides guidance to applicants in submitting a permit application and to the Shire when determining the matter in a consistent and transparent manner. Without a policy, there are potential financial implications for the Shire, particularly in regards to compliance, as well as responding to public / commercial criticism for issuing permits outside of an agreed framework. There are resource implications in administering the permits. However there are also potential lost resources in not optimising the Shire’s investment in its public spaces by encouraging greater use by the community. The Policy is structured such that the application and fee mechanism structure is fair and provides for operational simplicity for both applicants and Shire officers. STRATEGIC IMPLICATIONS: Mundaring 2026 Strategic Community Plan Priority 1: Governance Objective 1.2 – Transparent, responsive and engaged processes for Shire decision making Strategy 1.2.1 – Increase transparency and responsiveness of Shire administration processes In adopting the draft Policy, it will ensure consistency in approach in assessing applications under clause 4.4(1) of the Local Laws. Priority 2: Community Objective 2.3 – A strong and localised community spirit Strategy 2.3.4 – Encourage local neighbourhood interaction By adopting the policy it will encourage a dynamic use of Shire reserves and provides for opportunities for sporting groups and mobile vendors to develop positive working relationships. Priority 2: Community

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C12 APRIL 2017

Objective 2.5 – Flourishing local business Strategy 2.5.1 – Encourage community support to local business The policy provides for opportunities for small and mico-businesses to flourish in spaces where the community regularly comes together such as reserves and parks. RISK IMPLICATIONS: Should Council resolve to adopt the Policy it will allow the Shire to ensure a consistent approach to approving mobile vendors on Shire land in a manner that protects the amenity of the area. Should Council resolve to not adopt the Policy, officers with the delegated authority to assess applications will be in a position of determining applications in the absence of a consistent assessment framework. Such assessment would be conducted under clause 4.4(1) of the Local Laws. Every care would be exercised by officers to ensure applications are appropriately assessed and are consistent, however this process would be substantially improved by use of a Policy. EXTERNAL CONSULTATION: The draft Policy was advertised for a period of 35 days, commencing on 5 January 2017 and concluding on 8 February 2017. The Policy was referred directly to: • Business Advisory Group • Mundaring Chamber of Commerce • Swan Chamber of Commerce • Sporting groups that make use of Shire facilities • Those persons that had directly expressed an interest in establishing a stall at Sculpture Park or in commenting on the Policy • WA Mobile Food Vendors Association Methods of advertising included: • Shire website • Shire Facebook • Media release (subsequently picked up by local media)

The Shire received a total of nine submissions including four objections, four in support and one question. Details of these submissions can be found in (ATTACHMENT 2). Submitters details are available under CONFIDENTIAL ATTACHMENT 11 (provided under separate cover). A table of common issues raised, along with responses is provided below:

Objection Response Mobile vendors will pose a financial risk to brick and

It is not the role or responsibility of the Shire to protect or preference

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C13 APRIL 2017

mortar businesses one commercial activity over another. However, the proposed 100m buffer is intended to provide a level of separation between the businesses.

Mobile vendors will pose a financial risk to the fundraising efforts of sporting clubs

This matter is addressed in condition (s) which states that mobile vendors must obtain written approval from the President of the relevant sporting club/group should they wish to use the space at the same time as the club. This provides an opportunity for the club and the mobile vendor to come to an arrangement (such as sponsorship or payment) that is mutually agreeable. Given this, it will be recommended that the fees paid to the Shire are lower at ovals and recreation facilities compared to those charged for a mobile vendor to operate at other locations.

Fee structure The fee structure has not yet been determined by Council. This is a matter that is to be determined if and when Council adopts the Policy. It is important to note that mobile vendors will still be subject to all other food business charges (i.e. Annual Food Business Fee).

Rubbish and waste-water This matter is addressed in conditions (k) and (j) of the policy. These conditions require the vendors to remove all rubbish and waste-water at the end of each day and dispose of it in an approved manner.

Following the public advertising period, some minor amendments to the Policy have occurred. These are listed below with justification; Amendment Justification Addition of a fourth “Policy Objective” stating ‘The policy is to be utilised under clause 4.4(1) of the Shire of Mundaring Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law Local Law) in assessing stallholder applications on Shire land’.

This alteration was made in order to clarify where the Policy sits in relation to the relevant legislation.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C14 APRIL 2017

Removal of some background detail from the scope This simplifies the scope fo the Policy.

Condition (c) has been altered to state “Hold public liability insurance of at least $20 million and cover injury, loss or damage.”

This condition previously read ““Hold public liability insurance of up to $20 million and cover injury, loss or damage.”. This was incorrect.

Condition (p) has been altered to state ‘Must provide own power supply”

The original condition stated ‘Not require external power connection’. There was some confusion as to what was meant by “external power supply”

Proposed Fee Structure Having surveyed a range of local governments, the following approach to administration and fee structure are proposed to allow for simple implementation and for a variety of vendors to trade on Shire land;

• Annual permit for set days and locations; and • Maximum 4 days per week (including one weekend day) per vendor per location • Preference for locations/days will be assessed on a first in, first serve basis

In order to determine a suitable fee structure, research into the fees charged by other Local Governments was undertaken (see below table).

As a means of providing a comparison, the current fee structure for and annual stallholder permit for vendors trading on both private and Shire land is listed in the below table. It is proposed that the existing fee structure remains for events and for mobile vendors trading on private land.

Timeframe Fee

Day $40

Weekend $55

Week $70

Local Government Annual Fee City of Bayswater $1550

City of Fremantle $500

City of Perth $1148.80

City of Stirling $1864

City of Swan $1204

City of Vincent $694 -$900 (depending on risk rating of business)

Shire of Kalamunda $880

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C15 APRIL 2017

Month $120

Annual $520

Given the above, the proposed fee structure for vendors on Shire land is as follows; Parks $260 per weekday per year

$520 per weekend day per year

Total Maximum $1300 per year Recreation Facilities/Ovals (where associated with a sporting club – reference condition s) of the Policy) $260 per day per year

Total Maximum $1040 per year VOTING REQUIREMENT Simple majority for points 1 and 3 of the recommendation; Absolute majority for point 2.

That Council - 1. adopts Policy HS-02 - Mobile Vendors on Shire Land;

2. by absolute majority adopts the following fee structure and amends the

Fees & Charges Schedule for 2016/17:

3. gives local public notice that the new fees will be imposed from 14 April 2017 in accordance with section 6.19 of the Local Government Act 1995.

RECOMMENDATION

Parks $260 per weekday per year

$520 per weekend day per year

Total Maximum $1300 per year Recreation Facilities/Ovals (where associated with a sporting club – reference condition s) of the Policy) $260 per day per year

Total Maximum $1040 per year

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C16 APRIL 2017

Note 1 This report was presented to the ordinary meeting of Council held on 14 March 2017. At that meeting council resolved to adjourn debate on the motion to the ordinary meeting of Council held 11 April 2017. Accordingly, the following substantive motion is currently under Council consideration.

That Council - 1. adopts Policy HS-02 - Mobile Vendors on Shire Land, with the following

amendments:

• In section “5.0 Locations” – delete the first sentence and replace with the following sentence:

“Locations that have been identified as aligning with the requirements of the Key Principles are limited to;"

• Remove from the list of identified locations - "Morgan John Morgan Park, Glen Forrest".

That the motion be amended by deleting the words “Locations that have been identified as aligning with the requirements of the Key Principles are limited to. MOTION LAPSED FOR WANT OF A SECONDER

That Council; 1. adopts Policy HS-02 - Mobile Vendors on Shire Land, with the following

amendments:

• In section “5.0 Locations” – delete the first sentence and replace with the following sentence:

MOTION Moved by Cr Cook Seconded by Cr Clark

MOTION AMENDMENT Moved by Cr Fox Seconded by

COUNCIL DECISION C3.04.17 MOTION Moved by Cr Cook Seconded by Cr Clark

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C17 APRIL 2017

“Locations that have been identified as aligning with the requirements of the Key Principles are limited to;"

• Remove from the list of identified locations - "Morgan John Morgan Park, Glen Forrest".

CARRIED 6/3 For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Cook, Cr Jeans, Against: Cr Fox, Cr Bertola, Cr Lavell

2. by absolute majority adopts the following fee structure and amends the Fees & Charges Schedule for 2016/17 -

CARRIED 9/0

For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Cook, Cr Jeans, Cr Fox, Cr Bertola, Cr Lavell

Against: Nil

3. gives local public notice that the new fees will be imposed from 14 April 2017 in accordance with section 6.19 of the Local Government Act 1995.

CARRIED 9/0 For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Cook, Cr Jeans, Cr Fox,

Cr Bertola, Cr Lavell Against: Nil

Next Report

Parks $260 per weekday per year

$520 per weekend day per year

Total Maximum $1300 per year Recreation Facilities/Ovals (where associated with a sporting club – reference condition s) of the Policy) $260 per day per year

Total Maximum $1040 per year

COUNCIL DECISION C4.04.17 RECOMMENDATION Moved by Cr Cook Seconded by Cr Clark

COUNCIL DECISION C5.04.17 RECOMMENDATION Moved by Cr Cook Seconded by Cr Clark

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C18 APRIL 2017

AMENDED ATTACHMENT 1

Item 10.1

4 pages

Shire of Mundaring

POLICY MOBILE VENDORS ON SHIRE OWNED/MANAGED LAND

Policy Ref: HS-02 File Code: OR.OPP 1 Adopted: C3.04.17 Date: 11 April 2017 Amended: Date: Reviewed: Date: Statute Ref: N/A Local Law Ref: Shire of Mundaring Activities on Thoroughfares and Trading In Thoroughfares and Public Places Local Law PURPOSE To guide the assessment and determination of applications for mobile vendors seeking approval to operate on Shire land.

1.0 POLICY OBJECTIVES 1. To encourage the use of under-utilised public places on Shire owned and

managed land. 2. To guide the type and location of vendors that could be considered. 3. Outline possible operating requirements, conditions and locations for mobile

vendors operating on Shire owned/managed land. 2.0 BACKGROUND Numerous requests have been received by the Shire from mobile vendors who wish to trade on Shire owned and managed land. These locations include parks, ovals and recreation facilities across the Shire. The Shire of Mundaring Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law (Local Law) requires anyone wishing to trade in a public place to obtain a permit from Shire of Mundaring. This Local Law allows the Shire to determine an application while having regard to: • any relevant policies of the local government; • the desirability of the proposed activity; • the location of the proposed activity;

• the principles set out in the Competition Principles Agreement; and • such other matters as the local government may consider to be relevant in the

circumstances of the case. This policy has been developed to help guide decisions made under the Shire’s Local Law regarding mobile vendor proposals on Shire land. 3.0 SCOPE The intent of the policy is to deliver better activated spaces and social outcomes and not to protect nor preference any commercial activity over another. It is therefore impossible for the Shire to actively regulate and exercise judgment as to the commercial appropriateness of a proposal. Accordingly, the scope of this policy does not extend to commercial considerations. Furthermore, this policy: • does not apply to community events; • does not apply to private events where Shire land/venue has been booked for

exclusive use • only applies on Shire Land which includes both freehold or Shire managed land. 4.0 KEY PRINCIPLES

Proposals must be generally consistent with the following key location principles. Mobile vendors should be located where:

• activation of the public space is considered desirable; • locations encourage clusters of mobile vendor activities to encourage community

interaction; • mobile vendors should provide a unique vendor activity to promote diversity of

product; • mobile vendors are to be of a temporary nature. • residential amenity will not be unreasonably compromised by the operations; • the mobile vendor will not compromise the safe movement of vehicles, pedestrian

and cyclists; • all mobile vendors operating in a public space are to work in partnership with

existing sporting clubs and groups. 5.0 LOCATIONS Locations that have been identified as aligning with the requirements of the Key Principles are limited to: • Chidlow Oval, Chidlow

• Sawyers Valley Oval, Sawyers Valley • Mundaring Community Sculpture Park, Mundaring • Brown Park, Swan View

6.0 CONDITIONS Approvals for the operation of a mobile vendor on Shire owned/managed land are likely to attract the following conditions, or modifications thereof, and any other condition deemed appropriate. The purpose of these conditions is to maintain the amenity of the area. a) The preparation, handling, and serving of food and drinks are to be conducted in

accordance with the requirements of the Food Act 2008 and associated codes. b) Compliance with the Environmental Protection (Noise) Regulations 1997. c) Hold public liability insurance of at least $20 million and cover injury, loss or

damage. d) All advertising is to be fitted to the vehicle. e) Not trade as an itinerant vendor, and are restricted to the designated sites or an

alternative location approved by the Shire. f) Mobile vendors are to be roadworthy vehicles that are licensed by the

Department of Transport. g) No obstruction to pedestrian flow or vehicular traffic. h) Compliance with existing parking restrictions which apply to the area at all times. i) Litter is to be cleared at all times from in and around the mobile vendor site by the

operator. j) Appropriate rubbish bins are to be provided by the operator in numbers adequate

to service the patrons and removed, along with all rubbish from site at the end of each trading day.

k) All waste-water is to be stored within a holding tank and disposed of at an approved site.

l) Trees and other significant streetscape elements such as benches, rubbish bins and bus shelters are not to be obstructed, covered, removed, relocated or modified.

m) Permanent fixtures are not permitted. n) Any temporary fixtures (such as umbrellas, bins, stools) are to be safe to use and

removed at the end of trading. The location of these fixtures must be approved. o) Fixtures are not to be placed where they present a barrier or danger to

pedestrians or vehicles. p) Must provide own power supply. q) Not to be located within 100m from an existing food premises offering similar

services. r) Mobile Vehicle to be removed at the end of trading each day.

s) Obtain written approval from the President of the relevant sporting club/group if you wish to use the space at the same time as the club.

t) This approval is not valid for events on at the approved location unless specifically approved by the event organiser.

u) This approval may be revoked at any time

7.0 APPLICATIONS Applications are to be made to the Shire’s Health Service and will be assessed against the identified Key Principles.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C23 APRIL 2017

ATTACHMENT 2

Item 10.1

8 pages

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C24 APRIL 2017

Schedule of Submissions Endorsement of Draft Mobile Vendor on Shire Land Policy SUBMISSION COMMENT

1. Submitter No. 1 1) I have read your draft policy regarding mobile vendors

operating within the Shire of Mundaring and have a question. In relation to condition p) ‘Not require external power connection’ can you please clarify as to what is considered an ‘external power connection.’ A number of mobile vendors operate using a generator located either in a separate vehicle or A frame of a trailer. Would this prevent them from being considered or is the policy referencing no ability to plug into mains power. i.e. self-reliant? I understand that any generator would be subject to noise requirements.

1) This item has been clarified in the policy. Pursuant to condition p) mobile vendors must provide their own power supply.

2. Submitter No. 2 1) I think the Policy is well researched and constructed. The concept of delivering '...better activated spaces and social outcomes...", is a great example of our Shire being proactive in fostering a strong community and developing common spaces for community members to gather.

1) This submission has been noted

2) In support 2) This submission has been noted

3. Submitter No. 3 1) I think it is a great idea. Having mobile vendors in various

locations gives people more reasons to get out and get together. It is great for the vendors too. You should add

1) This submission has been noted

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C25 APRIL 2017

SUBMISSION COMMENT

3. Submitter No. 3 (cont’d) Darlington to your list of venues. A bit of competition in that

area wouldn't go astray.

4. Submitter No. 4 1) Could I please enquire as to the fees that are likely to be

charged in relation to the Shire of Mundaring Policy: Mobile Vendors on Shire Owned/Managed Land?

2) I would like to express an interest in trading from Sculpture Park and Morgan John Morgan....if the fees can be managed.

3) Perhaps a roster could be managed between interested parties enabling equitable access by all those that would like to have the opportunity if there are a number of these?

1) The proposed fee structure has not yet been determined by Council.

2) Expression of Interest will be opened should the Policy be

adopted by Council. 3) Please refer to Council Report dated 13 December 2016

5. Submitter No. 5 1) I am writing in response to the proposed policy on Mobile

Vendors on Shire Owned/Managed Land and the certification of Vendors to operate within the Shire of Mundaring.

I am the owner and operator of the …………….. and I will be putting my view as a brick and mortar premise who is required to follow strict Health and building codes to operate.

1) This submission is noted.

2) I note in your proposed policy 3.0 SCOPE, that “MOBILE VENDORS MAY PRESENT A POTENTIAL RISK TO BRICK AND MORTAR BUSINESSES”, I presume by that

2) This submission is noted. It is not the role of the Shire to protect or preference one commercial activity over another.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C26 APRIL 2017

SUBMISSION COMMENT

5. Submitter No. 5 (cont’d) you mean it may reduce the financial viability of said

businesses. I strongly believe that would be the case if you allow mobile vendors in places where existing business operate even if it is further than 100 m. away.

3) B&M B are strictly controlled by the shire and pay high fees to the shire for the privilege of operating within the shire, in my own case around $13000.00 pr annum.

4) It is my understanding that mobile vendors will be charged between $500.00 and $600.00 pr annum, this would not cover the expense of a couple of health inspections that I assume would have to be made by the Shires Health inspectors annually.

5) Effluent disposal would have to be addressed by Shire health. In vans where no cooking takes place the effluent would be grey water and I am sure it would be dumped anywhere, I fail to see how the Shire would be able to control this practise. In vans with cooking facilities it is a more serious matter as fat traps would have to be fitted to the van. Quarterly cleaning of these traps by outside contractors reporting trough proof of invoice to the shire would have to be in place I assume as is the case with B&M B. The disposal of this effluent is a more serious matter as the Water Corp. brought to our attention with their recent advertising campaign.

6) Disposal of rubbish on a daily basis would also have to be addressed, it’s an added expense to the Shire that would have to be taken into consideration.

3) Refer to 5(2) where this question has been addressed. 4) The proposed fee structure for operating on Shire land has

not yet been determined by Council. 5) Pursuant to condition k) of the Policy, all wastewater is to be

stored within a holding tank and disposed of at an approved site.

6) Pursuant to condition j) of the Policy, appropriate rubbish

bins are to be provided by the operator in numbers adequate the service the patrons and removed, along with all rubbish from the site at the end of each trading day.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C27 APRIL 2017

SUBMISSION COMMENT

5. Submitter No. 5 (cont’d) 7) I am concerned how the licenses are to be issued and how

many. It would be ideal to have a system similar to the Liquor License Act where licenses are issued on a needs basis and objections can be lodged.

8) The fee as I understand will be levied is grossly inadequate. A minimum fee similar to the average house on a small block in one of the townships within the shire should be levied. The vans require more policing and cost more to the shire than the average household.

9) I can see the benefit of food and coffee vans for special events like the upcoming. Twilight Night Markets in Nicol street when the event will attract a substantial amount of visitors, but to allow them anywhere anytime I see a negative effect on existing B&MB.

10) It is worth keeping in mind we do not have the population, within the Shire as they do in the city where vans are not an uncommon occurrence but again mainly used for special events.

I hope the matters raised above will be taken into consideration as I classify myself a stakeholder.

7) Numbers of vendors will be based on the suitability of the location. It intended that no more than 3 vendors will be approved at each location.

8) The proposed fee structure has not yet been determined by

Council. 9) This submission has been noted 10) This submission has been noted

6. Submitter No. 6 1) We would like to raise concerns for the Morgan John

Morgan Reserve (Glen Forrest) being identified as a location suitable for Mobile Vendors. This will affect the current food businesses in the area greatly.

1) This submission has been noted.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C28 APRIL 2017

SUBMISSION COMMENT

6. Submitter No. 6 (cont’d) 2) Located within a close distance from the Reserve, the

current businesses run in conjunction with each other, with 2 cafes working 7 days a week from 7am to 4.30pm. There is also 1 restaurant and 1 takeaway fast food outlet who also work in conjunction with each other during the evening.

2) Refer to 5(2) where this question has been addressed.

3) We reside in a residential area relying totally on word of mouth and paid advertising to survive, as we do not have main road signage to capture new customers or pass by trade. We all pay considerable rent and rates for the shops we operate from.

4) It is becoming increasingly hard to survive and will become even more so with the introduction of any Mobile Vendor/s in this close vicinity.

5) As a café, we noticed a rather significant down turn in figures and customers when a coffee van commenced trade in the then petrol station and then later moved to the car park of the IGA in Glen Forrest.

6) We are forever grateful to the shire for the recent Reserve upgrade. This upgrade has better utilised the reserve and has allowed the reserve to become more vibrant and welcoming. The introduction of a Mobile Vendor is not justified nor needed at this reserve. We have found that the local businesses are now starting to see an increase in patronage by people enjoying the reserve.

3) This submission has been noted. 4) This submission has been noted. 5) This submission has been noted. 6) This submission has been noted.

7) As stated in your draft policy a couple of points will need to take into account. The introduction of any Mobile Vendor

7) This submission has been noted.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C29 APRIL 2017

SUBMISSION COMMENT

6. Submitter No. 6 (cont’d) within 100m from an existing food premises offering similar

services. We believe by placing a Mobile Vendor at the Reserve would greatly affect our, as well as the other business owners.

8) There are also concerns for safety. Positioning of the Vendor is not suitable for the Reserve as there is a car park and verge. This will compromise the safe movement of vehicles, pedestrians and cyclists. The area is increasing in cyclist activity.

9) We have read your scope in regards to attracting vibrancy to the area and feel that this is not the case for the Morgan John Morgan Reserve. However, Mobile Vendors would potentially work well at the Sawyers Valley Oval as there is no ‘bricks and mortar’ within 100 metres.

We do not support the introduction of any Mobile Vendor/s at the Morgan John Morgan Reserve in Glen Forrest.

8) Pursuant to condition o) of the Policy, fixtures are not to be

placed where they present a barrier or danger to pedestrians or vehicles.

9) This submission has been noted.

7. Darlington Ratepayers & Residents Association 1) DRRA had its first 2017 meeting last night and the vendor

policy was among items discussed. Although Darlington Oval has not been identified as a possible location at this stage, some concerns were expressed which are pertinent to any future consideration: • during the cricket and football seasons, junior teams play

at Darlington Oval and parents fundraise for the clubs with sausage sizzles and cool drink sales. It is most important that any vendor being considered not be in

1) Pursuant to condition s) of the Policy, mobile vendors must

obtain written approval from the President of the relevant sporting club/group if you wish to use the space at the same time as the club.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C30 APRIL 2017

SUBMISSION COMMENT

7. Darlington Ratepayers & Residents Association (cont’d) competition with local fundraising activities; and • due regard be paid to any possible competition with

local businesses. 2) In conclusion DRRA opposed mobile vendors operating in

Darlington as a threat to local fundraising efforts and local businesses.

2) This submission has been noted

8. Submitter No. 8 1) We are a mobile coffee van called …………….. Being a mobile vendor, we compliment the brick and mortar

businesses. Being mobile, we encourage more tourism into the shire.

2) We would like to give back to the community, work with the community, create more jobs, encourage more visitors to the shire. Being mobile, we are able to go places that the brick and mortar businesses are not able to.

Thank you for your kind attention.

1) This submission has been noted 2) This submission has been noted

9. Submitter No. 9 1) I am email you to comment regarding “Draft Policy - Mobile

Vendors”. 2) I am a shop owner. I think this draft is unfair to existing

business owner. We pay shire rate, tax and rent from which landlord pay tax as well.

3) I think existing owners should be considered first. We have

1) This submission has been noted 2) This submission has been noted 3) This submission has been noted

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C31 APRIL 2017

SUBMISSION COMMENT

9. Submitter No. 9 (cont’d) been contributing City of Mundaring by paying tax, creating

jobs and offer good service. If mobile vendor commence their business we will have significant impact on your business. And worst case we have to close the door for good as mobile vendor can move around, needless facility, do not need to pay extra bills, shire rate, outgoings, land tax, rent and etc.

4) As a result, a number of shops will have to close and also it will be hard for landlord to get tenants to lease their property.

5) Also the public area will be filthy and flooded with rubbish. 6) If this draft is approved I am sure I am also vacate my shop

and apply for mobile vendor as this is less risky and costs less money

4) This submission has been noted 5) Please refer to 5 (6) where this question has been addressed. 6) This submission has been noted

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C32 APRIL 2017

10.2 Lot 239 Wilkins Street, Bellevue – Scheme Amendment No. 9

File Code PS.TPS 4.1.09 Location / Address Lot 239 Wilkins Street, Bellevue (ATTACHMENT 3) Landowner Taliska Securities Pty Ltd. Applicant N/A Zoning LPS4 – Not zoned

MRS – Urban Area 2.026 hectares Use Class N/A Ward South Author Christopher Jennings, Senior Strategic Planning Officer Senior Employee Mark Luzi, Director Statutory Services Disclosure of Any Interest

Nil

SUMMARY A minor rezoning is proposed to Lot 239 Wilkins Street, Bellevue, from Residential Development zone under the City of Swan’s Town Planning Scheme No.17 to Development zone under the Shire’s Local Planning Scheme Number 4 (LPS4). The subject site was recently incorporated into the Shire’s local government boundary following a minor boundary adjustment with the City of Swan. For administrative purposes, the subject site now needs to be zoned under the Shire’s LPS4. It is recommended that Council adopts Amendment No. 9 to LPS4 as a basic amendment and endorses the amendment for finalisation. BACKGROUND Acronyms & Abbreviations Acronym/Abbreviation Definition Act Planning and Development Act 2005 Amendment Amendment No. 9 to Local Planning

Scheme No. 4. Amendment No. 6 Amendment No. 6 to Local Planning

Scheme No. 4 LPS 4 Local Planning Scheme No. 4 MRS Metropolitan Region Scheme Regulations Planning and Development (Local

Planning Schemes) Regulations 2015.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C33 APRIL 2017

SP 74 Structure Plan 74 Subject property Lot 239 Wilkins Street, Bellevue The following background information is provided in addition to that provided in the consultant’s report in ATTACHMENT 4:

• The subject property was rezoned from Rural to Urban by MRS Amendment 1228/41 – the same MRS Amendment which rezoned 500 (Lot 799) Katharine Street (formerly 1100 (Lot 800) Katharine Street), Bellevue (refer to Item 10.2 in the Council report dated 12 July 2016);

• Pursuant to the requirements of the Act, the City of Swan resolved to adopt Amendment No. 131 to its Local Planning Scheme No. 17 to zone the subject property Residential Development (roughly equivalent to the Shire’s Development zone). Amendment No. 131 subsequently approved by the Minister.

STATUTORY / LEGAL IMPLICATIONS Legislation Function

Planning and Development Act 2005 Provides the head of power to make

and amend Local Planning Schemes.

Planning and Development (Local Planning Schemes) Regulations 2015.

Sets out the detailed provisions for amending Local Planning Schemes.

Local Planning Scheme No. 4 The Shire of Mundaring’s Local Planning Scheme created under the provisions of the Planning and Development Act 2005.

Local Government (Constitution) Regulations 1998

Provisions for land transferred from one local government boundary to another.

The Local Government (Constitution) Regulations 1998 state that, if land is transferred from one local government boundary into another, the local government’s Local Planning Scheme - from which the land was transferred – continues to have effect over that land. The zone of the subject property under the City of Swan’s Local Planning Scheme No. 17 is Residential Development. The objectives of this zone generally align with the Shire’s Development zone under LPS4. For consistency, this amendment seeks to apply the provisions of LPS4. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Should Amendment No. 6 be approved by the Minister and SP 74 be approved by the WAPC in its current form, it would result in the creation of approximately

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C34 APRIL 2017

34 residential properties. These properties will expand the rates base of the Shire and require expenditure on services e.g. rubbish collection, road maintenance and so on.

Figure 1 – Draft SP 74 with the subject property highlighted in pink.

STRATEGIC IMPLICATIONS Adoption of Amendment 9 will bring consistency with a number of related strategic decisions:

• MRS Amendment 1228/41 which changed the zone of the land from Rural to Urban (a local planning scheme rezoning must be consistent with the underlying zone of the MRS under the Act) (complete);

• The Minister’s approval of Amendment No. 131 to City of Swan’s Town Planning Scheme No.17(complete);

• Incorporating the subject property within the Shire’s municipal boundaries (complete);

• Amendment No. 6 to LPS 4 (still under consideration by WAPC); • Adoption of Structure Plan 74 (refer to Figure 1) (still under

consideration by WAPC). It is the intention of the Development zone to incorporate the zones shown in the WAPC’s approved version of Structure Plan 74 into LPS 4 once subdivision is complete. SUSTAINABILITY IMPLICATIONS Sustainability is a broad term encompassing all of the factors which combine to create ‘liveable’ places. Sustainability factors are often grouped into environmental, social and economic topics.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C35 APRIL 2017

Planning controls exist to provide sustainable development. Hence, the sustainability implications are embedded within the Comment and Strategic Implications sections of this report. RISK IMPLICATIONS Nil EXTERNAL CONSULTATION The Amendment is considered a ‘Basic’ amendment under the Regulations. The process for determining a Basic amendment does not involve public consultation. Commentary on the classification of the Amendment as ‘Basic’ is provided below. COMMENT The Regulations set out processes for amending local planning schemes into three types: Basic, Standard and Complex. The relevant criteria for a Basic amendment are as follows:

(g) an amendment to the scheme map that is consistent with a structure plan, activity centre plan or local development plan that has been approved under the scheme for the land to which the amendment relates if the scheme currently includes zones of all the types that are outlined in the plan; (i) an amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area if the amendment will have minimal effect on the scheme or landowners in the scheme area.

The Amendment is consistent with Structure Plan 74 and is intended to bring consistency with the MRS. VOTING REQUIREMENT Simple majority COUNCIL DECISION C6.04.17 RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Bertola

That Council - 1. Notes the consultant’s report in ATTACHMENT 4.

2. Resolves that Amendment 9 to Local Planning Scheme No. 4 is a Basic

Amendment pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons –

a. it is consistent with:

i. Structure Plan No. 74

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C36 APRIL 2017

ii. The Urban zone of the Metropolitan Region Scheme iii. The former zone of the property under the City of Swan’s Local

Planning Scheme No. 17; b. It corrects an administrative anomaly created by the incorporation of

Lot 239 Wilkins Street, Bellevue, into the Shire’s municipal boundaries;

3. Pursuant to Section 75 of the Planning and Development Act 2005 and

35(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, amends Local Planning Scheme No. 4 by: a. Including Lot 239 Wilkins Street, Bellevue on the Scheme Maps; and b. Zoning Lot 239 Wilkins Street, Bellevue, ‘Development; and

4. Forwards Amendment 9 to Local Planning Scheme No. 4 to the Western

Australian Planning Commission pursuant to Section 58 of the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED 9/0

For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Cook, Cr Jeans, Cr Fox, Cr Bertola, Cr Lavell

Against: Nil

Next Report

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C37 APRIL 2017

ATTACHMENT 3

Item 11.2

1 page

11.04.2017 COUNCIL MEETING AGENDA

C38 APRIL 2017

11.04.2017 COUNCIL MEETING AGENDA

C39 APRIL 2017

ATTACHMENT 4

Item 11.2

7 pages

SHIRE OF MUNDARING

LOCAL PLANNING SCHEME

N° 4

AMENDMENT N° 9

Amendment to include Lot 239 Wilkins Street, Bellevue, in the Shire’s municipal boundaries and apply a Development zone

PLANNING AND DEVELOPMENT ACT 2005

RESOLUTION TO AMEND LOCAL PLANNING SCHEME

SHIRE OF MUNDARING

LOCAL PLANNING SCHEME

N° 4 AMENDMENT N° 9

Resolved that the Local Government, in pursuance of Section 75 of the

Planning and Development Act, 2005 amend the above Local Planning

Scheme by:

1. Including Lot 239 Wilkins Street, Bellevue, on the Scheme Maps; and

2. Zoning Lot 239 Wilkins Street, Bellevue, 'Development'.

The amendment is basic under the provisions of the Planning and

Development (Local Planning Schemes) Regulations 2015 for the

following reason:

It is an administrative amendment to reflect an anomaly in the Scheme

Dated this _______ day of ________ 20_

J THROSSELL

CHIEF EXECUTIVE OFFICER

SCHEME AMENDMENT REPORT LOCAL AUTHORITY SHIRE OF MUNDARING DESCRIPTION OF LOCAL PLANNING SCHEME

LOCAL PLANNING SCHEME N° 4

TYPE OF SCHEME DISTRICT ZONING SCHEME SERIAL N° OF AMENDMENT 9 PROPOSAL 1. Including Lot 239 Wilkins St, Bellevue on the Scheme Maps; and 2. Zoning - Lot 239 Wilkins St, Bellevue 'Development'. ACRONYMS & TERMS

ACRONYM/TERM DEFINITION

Amendment Amendment No. 9 to Local Planning Scheme No. 4

LPS 17 City of Swan’s Local Planning Scheme No. 17

MRS Metropolitan Region Scheme

LPS 4 The Shire of Mundaring’s Local Planning Scheme No. 4

SP 74 Shire of Mundaring’s Structure Plan 74

Subject property Lot 239 Wilkins Road Street, Bellevue

1.0 INTRODUCTION This Amendment has been prepared to rectify an anomaly within LPS4 created by the recent re­ alignment of the City of Swan’s and Shire of Mundaring’s municipal boundaries. 2.0 BACKGROUND The subject property is a 2.026ha lot that was historically developed and maintained as 'Goodchild Oval'. That use ceased some years ago and the land was sold into private ownership. It is currently used as a tree nursery. On the 30 December 2016, a municipal boundary change between the Shire of Mundaring and City of Swan was published in the Government Gazette which transferred t h e s u b j e c t p r o p e r t y from being within the City of Swan’s municipal boundary to the Shire’s. When land is transferred from one municipality to another, the zone of that property does not automatically transfer from one local planning scheme to another. Instead, it creates an anomaly whereby a lot within the Shire’s municipal area has ‘no zone.’ Since there is ‘no zone’ applicable to the land, there are no associated subdivision and development controls under the Shire’s Scheme. The purpose of this Amendment is therefore to: Include the subject property in the LPS 4 maps; Apply a Development zone to the land. The City of Swan is in the process of excising the property and associated zone from its LPS 17.

3.0 LOCAL PLANNING CONTEXT The subject property is located within the 'Urban' zone of the MRS and is identified within SP 74, which also covers the land at 500 (Lot 799) Katharine Street, Bellevue (formerly 1100 (Lot 800) Katharine Street – sometimes referred to as the Bellevue Homestead). SP 74 was endorsed by Council on 12 July 2016 and is awaiting final approval by the WAPC. The WAPC have resolved to determine SP 74 subsequent to a decision being made by the Minister on Amendment 6. The purpose of Amendment 6, which was also adopted by Council at the meeting of 12 July 2016, is to rezone parts of 500 (Lot 799) Katharine Street land to a Development zone under LPS 4 to align with the MRS. 4.0 PROPOSAL Inc lude the sub jec t p rope r t y on the LPS 4 maps and zone the property ‘Development’ as a logical, administrative correction which is consistent with Council’s resolutions regarding Amendment 6 and Structure Plan 74. 5.0 CONCLUSION A recent change has included the subject property in the Shire’s municipal boundary. Accordingly, LPS 4 needs to be amended to incorporate that property into the Scheme and apply an appropriate zoning. Given the underlying 'Urban' zone of the MRS and Council’s decisions regarding Amendment 6 and Structure Plan 74, it is appropriate that the site also be zoned 'Development'.

COUNCIL ADOPTION This Basic Amendment was adopted and is recommended for approval by resolution of the Council of the Shire of Mundaring at the Ordinary Meeting of the Council held on the _________day of _____________ 2017and the Common Seal of the Shire of Mundaring was hereunto affixed by the authority of a resolution of the Council in the presence of:

_________________________ D LAVELL SHIRE PRESIDENT _______________________ J THROSSELL CHIEF EXECUTIVE OFFICER WAPC ENDORSEMENT (r.63) DELEGATED UNDER S.16 OF THE P&D ACT 2005 ____________________ DATE APPROVAL GRANTED ____________________ MINISTER FOR PLANNING ____________________ DATE

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C47 APRIL 2017

10.3 Dedication of Unallocated Crown Land – Lot 183 Throssell Street, Sawyers Valley

File Code Th 10(183) Author Liam Noonan, Manager Design Services Senior Employee Shane Purdy, Director Infrastructure Services Disclosure of Any Interest

Nil

SUMMARY To facilitate the potential subdivision of Lot 31 Throssell Street, it is proposed to dedicate unallocated crown land, (formerly a closed, unconstructed road), to road reserve. The process to undertake this change has involved community consultation and now requires a resolution from Council requesting the Minister for Lands to dedicate the unallocated crown land (UCL). BACKGROUND The UCL off Throssell Street, known as Lot 183, is located between 170 and 220 Throssell Street, Sawyers Valley (refer location plan ATTACHMENT 5). The UCL was created 23 November 1998 on plan of survey Diagram Number 94032, and later changed to Diagram Number 194032 in September 2002. It is contained in Certificate of Title, Volume LR3112 and Folio 91 (Refer ATTACHMENT 6.) The owners of 220 (Lot 31) (the applicant) have requested the Shire dedicate the UCL to road to facilitate improved subdivision design and avoid the use of battle-axe legs. STATUTORY / LEGAL IMPLICATIONS Section 56 of the Land Administration Act 1997, and regulation 8 of the Land Administration Regulations 1998, provide the enabling legislation to dedicate the road. Only the local government in which district the land falls is able to undertake the appropriate steps required by the legislation. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS The applicant, as part of subdivision at 170 (Lot 31) Throssell Street, will be required to construct the new road, after which it will be gifted to the Shire. Ongoing annual depreciation and maintenance costs for future years are offset

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C48 APRIL 2017

by additional rates income from the additional lots created as part of the proposed subdivision. STRATEGIC IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Nil RISK IMPLICATIONS A requirement of the Land Administration Act 1997 and Land Administration Regulations 1998 (the Regulations) dedication process is to indemnify the Minister for Lands against any claims or actions that may arise out of such action. As the land is held by the State of WA no action or claim is expected. EXTERNAL CONSULTATION The Land Administration Act 1997 and Land Administration Regulations 1998 require a consultation process with surrounding residents, service authorities and Department for Lands to be completed before Council can resolve to request the Minister for Lands to dedicate the land. No comments were received from residents and no objections were received from utilities. COMMENT In accordance with the Regulations the adjoining properties and public utilities were notified in writing. As there are no utilities in the UCL, no objections were received. It is recommended the Minister for Lands be requested to dedicate the unallocated crown land to road reserve and in doing so indemnify the Minister for Lands against any claims or actions that may arise out of such action. The ability to convert this land back to a road reserve will enable a better subdivision design for Lot 31 Throssell Road and avoid a number of long battle-axe legs, which would be required without the additional road reserve frontage.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C49 APRIL 2017

VOTING REQUIREMENT Simple majority COUNCIL DECISION C7.04.17 RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Bertola

That Council - 1. Pursuant to the Land Administration Act 1997 and Land Administration

Regulations 1998, approves the road dedication of the unallocated crown land, being Lot 183 on Deposited Plan Number 194032, and indemnifies the Minister for Lands against any claims or actions that may arise out of such action; and

2. Requests the Minister for Lands dedicate the road, being Lot 183 on

Deposited Plan 194032. CARRIED 9/0 For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Cook, Cr Jeans, Cr Fox, Cr Bertola, Cr Lavell Against: Nil

Next Report

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C50 APRIL 2017

Attachment 5

Report 10.3

1 page

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C52 APRIL 2017

Attachment 6

Report 10.3

3 pages

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C53 APRIL 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C54 APRIL 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C55 APRIL 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C56 APRIL 2017

10.4 Naming of New Facility at Mundaring Recreation Ground

File Code Mu 3 Res.7045/6 Author Kirk Kitchin, Manager Recreation and Leisure Services Senior Employee Megan Griffiths, Director Strategic and Community

Services Disclosure of Any Interest

Nil

SUMMARY: The new multi-purpose facility located at Mundaring Recreation Ground has been referred to by at least seven different names since its latest inception. The facility has now reached a construction stage where one name needs to be decided upon. It is recommended that Council names the new facility “Mundaring Arena”. BACKGROUND: The new facility being constructed at the Mundaring Recreation Centre on Mundaring Weir Road in Mundaring has been referred to by one or more of the following names:

• Mundaring Recreation Centre; • Mundaring Indoor Recreation Facility; • Mundaring Indoor Recreation Centre; • Mundaring Indoor Sports Centre; • Mundaring Multipurpose Facility; • Mundaring Indoor Court Facilities; and • Mundaring Indoor Sports Stadium.

STATUTORY / LEGAL IMPLICATIONS: Nil POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: There is an opportunity to sell the naming rights of the facility and generate an income for the Shire. It is not expected that the value of the naming rights for this facility would be commensurate with the loss of community ownership that a name change may convey. If a significant commercial opportunity presents itself in the future then this could be considered at that time.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C57 APRIL 2017

One limitation to the selling of naming rights is created with the capital funding agreement with Mundaring Community Financial Services Limited for $100,000. The Shire agreed that no other sponsorship will be sought, nor accepted, from an organisation that operates banking and financial services/ business activities until 31 December 2026. There is no limitation on sponsorship or financial support from any other business activities under that agreement. STRATEGIC IMPLICATIONS: Nil SUSTAINABILITY IMPLICATIONS: Nil RISK IMPLICATIONS: The risk associated with selecting a name for the facility is low. Some members of the community will like what is chosen and some will not, regardless of the final name chosen. CONSULTATION: Representatives of the current user groups of the Mundaring Hardcourts and the Mundaring Residents and Ratepayers Association who have been working with Shire officers during the whole project have been consulted on the potential name of the facility. Whilst these representatives do not have a preference as to the name for the facility, they have a strong preference not to name the facility after an individual. COMMENT: The Shire needs to finalise the name to be used for the facility so it can be physically used on the building (eg for signage). Desirable criteria recommended to assist in choosing a name include:

• Location of the facility is in the name – i.e. Mundaring; • State its purpose; and • Be as short as possible.

A range of options including those used at one time or another are assessed against the criteria below:

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C58 APRIL 2017

CRITERIA & COMMENTS

NAME

Location of the facility is in the name

State its purpose

Short as possible Comments

Mundaring Recreation Centre

The term recreation centre may be considered ‘out of date’.

Mundaring Indoor Recreation Facility

A four word name is too long. The use of the word “indoor” is redundant as itt is obvious the facility is an indoor centre

Mundaring Indoor Recreation Centre

A four word name is too long The use of the word “indoor” is redundant as it is obvious the facility is an indoor centre

Mundaring Indoor Sports Centre

A four word name is too long. The use of the word “indoor” is redundant as it is obvious the facility is an indoor centre. The facility will be used for more than just sports

Mundaring Multipurpose Facility

A four word name is too long. The name is not considered descriptive enough to alert the reader to the facility’s purpose.

Mundaring Indoor Court Facilities

A four word name is too long. The use of the word “indoor” is redundant as it is obvious the facility is an indoor centre The facility has more than just courts.

Mundaring Indoor Sports Stadium.

A four word name is too long. The use of the word “indoor” is redundant as it is obvious the facility is an indoor centre. The facility will be used for more than just sports.

Mundaring Stadium ‘Stadium’ is a term normally associated with an outdoor facility

Mundaring Arena

An arena is an enclosed area designed to showcase theatre, musical performances, or sporting events. It also aligns with the naming convention of other high profile indoor centres including Perth Arena, Arena Joondalup and HBF Arena

The name “Mundaring Arena” most closely fits with the recommended criteria. Other advantages of this name include:

• The name of the facility ‘Mundaring Arena’ is distinct from the name of the overall complex ‘Mundaring Recreation Ground’.

• The term Arena is more representative of its multi-purpose abilities than is reflected in the terms ‘Recreation’, ‘Sports’ or ‘Courts`.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C59 APRIL 2017

VOTING REQUIREMENT: Simple majority COUNCIL DECISION C8.04.17 RECOMMENDATION Moved by Cr Fisher Seconded by Cr Fox That Council names the new facility at the Mundaring Recreation Ground “Mundaring Arena”. CARRIED 9/0 For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Cook, Cr Jeans, Cr Fox,

Cr Bertola, Cr Lavell Against: Nil

Next Report

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C60 APRIL 2017

10.5 Delegations Register – Annual Review

File Code OR.CMA 1 Authors Danielle Courtin, Governance Coordinator

Angus Money, Manager Planning and Environment Senior Employee Paul O’Connor, Director Corporate Services Disclosure of Any Interest

Nil

SUMMARY The annual review of the delegations register has been undertaken and is presented to Council for endorsement (ATTACHMENT 7). BACKGROUND The delegations register was last reviewed by Council in February 2016. This year’s review must therefore be concluded by 30 June 2017 to meet compliance requirements. In preparation for the annual review a background report was provided to elected members during the Council Forum of 20 February 2017. This report provided details about the purpose of delegation and the legislative requirements for constructing effective delegations. STATUTORY / LEGAL IMPLICATIONS Section 5.42 of the Local Government Act 1995 (the Act) enables Council to delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under the Act, subject to the limitations prescribed in section 5.43. Section 5.16 of the Act provides for the delegation of some powers and duties to certain committees of Council, subject to the limitations prescribed in section 5.17. Other legislation such as the Bush Fires Act 1954, the Planning and Development Act 2005, the Food Act 2008, the Building Act 2011, the Dog Act 1976 or the Cat Act 2011 enables Council to delegate specific powers and duties to employees. Sections 5.18 and 5.46 of the Act require that a delegations register be maintained and reviewed at least once each financial year. Sections 5.74 to 5.76 of the Act require that an employee to whom a duty or power has been delegated under the Act must lodge an Annual Return by 31 August each year. In addition to covering delegations, section 5.45 states that nothing prevents a local government from performing any of its functions by acting through a person

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C61 APRIL 2017

other than the CEO or a CEO performing any of his or her functions by acting through another person. The meaning of “acting through’ is not defined in the Act, but it is generally accepted that where a person has no discretion in carrying out a function, that function can be undertaken by “acting through”. POLICY IMPLICATIONS A number of delegations are subject to compliance with Council’s policy on the matter. This is noted in the “compliance links” section of the delegation. FINANCIAL IMPLICATIONS Nil STRATEGIC IMPLICATIONS Mundaring 2026 Strategic Community Plan:

Priority 1 - Governance Objective Two – Transparent, responsive and engaged processes for Shire decision making Strategy 1.2.1 – Increase transparency and responsiveness of Shire administration processes.

SUSTAINABILITY IMPLICATIONS An appropriate framework of delegations -

• ensures accountability • adequately manages risk • increases efficiency and effectiveness of processes and practices • ensures decisions are implemented • complies with relevant policies, legislation and guidelines.

RISK IMPLICATIONS Where delegations are not in place there may be a risk that the day-to-day operations of the Shire are not undertaken in a timely manner or overly burden Council, thereby diverting Council’s focus from important strategic and policy matters. Failure to undertake the annual review of delegations constitutes a breach of statutory obligations. EXTERNAL CONSULTATION Nil COMMENT The current delegations provide an appropriate level of authority to the CEO and committees to enable timely consideration of day-to-day local government matters. They promote accountability and are a pro-active management tool.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C62 APRIL 2017

Since the last review, in February 2016, Council has adopted the following additional delegations, which are incorporated into the 2017 delegations register:

CE-141 Appointment of Authorised Officers – Public Health Act 2016

C14.12.16 New delegation following introduction of the new Health Act

CE-144

Appointment of Authorised and Approved Officers – Health (Asbestos) Regulations 1992

C15.02.17

New delegation following changes to the Health (Asbestos)Regulations 1992

A minor change to Planning Delegation CE-83 is required as the reference to the head of power for Council to delegate to the CEO and for the CEO to delegate to staff has changed. It is no longer contained in the Shire’s Local Planning Scheme No. 4 but is now provided by the Planning and Development (Local Planning Schemes) Regulations 2015 (the deemed provisions). The Department of Local Government advises this change is considered as minor, as it does not change the scope of the power or duty to be exercised. As much of the discussion at the Council Forum centred on planning delegations, it is considered appropriate to provide particular advice to Council in regards to these delegations. WALGA summarised the purpose of planning delegations within its guide for local governments: “Delegation of Local Government development application approval functions has a multi-purpose in: 1) Enabling Council to focus on strategic planning matters and development of

planning policies by reducing the number of non-complex development applications required to be considered and determined at its meetings,

2) Enabling the development approval process to operate in a more consistent and efficient manner by reducing the number of reports that need to be prepared and presented to Council

3) Enabling the development approval process to operate in a timelier manner reducing the actual time taken to determine applications as they do not need to await presentation at a Council meeting;

4) Retaining Council’s ability to consider more complex and community sensitive development applications where appropriate;

5) Recognising the professionalism of Local Government planning staff by providing them with responsibility for making decisions.

Regardless of the delegations in operation, with the introduction of the Planning and Development (Development Assessment Panels) Regulations 2011, the most significant proposals are now determined by the Joint Development Assessment Panel (JDAP). Hence, Council’s influence and staff resources are best directed into improving upon the Shire’s planning framework as this

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C63 APRIL 2017

ultimately binds all decision makers (Shire officers, Council, JDAP or the State Administrative Tribunal). Planning delegations represent an important mechanism to ‘incentivise’ compliance with the scheme by reducing risk and streamlining approvals. In a scenario where Council approval is required more often, there will be a tendency for applicants to take the opportunity to request Council waive other statutory requirements – as Council approval is required anyway. There is a risk that Council, in exercising its discretion, would relax statutory provisions ordinarily upheld by officers. A snowball effect could thus start where similar variations are subsequently sought from Council. This, in effect, is what occurred under Town Planning Scheme No.3, where oversized outbuildings became the predominant planning items in the Council agenda and, arguably, distracted officers and Council from attending to more important planning policy and strategic priorities. Strong planning delegations are seen to be a critical component of an efficient and effective regulatory approval system. From an operational perspective, referring matters to Council, as opposed to pro-forma assessments, generates additional administrative workload. Hence, local governments with less delegation typically require proportionally more planning staff. During discussion at the February Council Forum one view expressed was for a number of planning delegations to be modified or retracted. While it is noted that this view did not reflect the majority view, it is apparent that some councillors desire that more planning items should be presented to Council. Narrowing the existing planning delegations could have a range of implications, depending on the specific terms. The challenge is that these implications may not be immediately obvious. For example, given the Shire’s focus on the Mundaring Town Centre, there may be an argument presented to support the retraction of delegations and thus require all planning applications within the Town Centre to obtain Council approval. However, as significant proposals are almost always going to be valued at over $2 million, agents representing clients such as Aldi or McDonalds are likely to continue to opt into a JDAP pathway to minimise the risk that public discontent unduly introduces non-planning matters into the planning decision. As a result, Council approval would only apply to applications valued under $2 million. These are more likely to involve small businesses, change of use applications and other minor matters. In these circumstances, if planning delegations were withdrawn Council approval would be required regardless of whether or not a proposal is a compliant with the Scheme. This would add an additional administrative burden and risks onto small businesses, not otherwise experienced by larger JDAP proposals. While well meaning, the outcome could disadvantage local businesses. This would be contrary to the priorities in the Shire’s Strategic Community Plan - Mundaring 2026. Modifying or retracting planning delegations would likely result in longer determination periods, an increased number of appeals to the State Administrative Tribunal and a potential loss of confidence in the Shire of Mundaring as a place to invest.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C64 APRIL 2017

The current delegation arrangements have a number of safeguards, the main one being that all planning decisions must be assessed against the strategic and statutory planning framework already approved by Council. Officers are only able to exercise delegations subject to the fulfilment of comprehensive conditions, and all assessments are peer reviewed. Decisions are tiered to ensure more complex applications are dealt with by more experienced staff members. Where strong community concerns are raised, applications will continue to be elevated to Council for a decision. Accordingly, only minor refinements are proposed to the existing delegations register. With regards to planning delegations, the current delegations (with a minor amendment to CE-83 as indicated) allow for the effective operation of Planning Services while at the same time include appropriate triggers for Council involvement where necessary.

VOTING REQUIREMENT Simple majority RECOMMENDATION That Council endorses the 2017 annual review of the delegations register. MOTION Moved by: Cr Fisher Seconded by: Cr Jeans Development applications for the Mundaring Town Centre that require any degree of discretion and relaxation of rules are considered by Council. LOST 4/5 For: Cr Fisher, Cr Daw, Cr Cook, Cr Jeans, Against: Cr Bertola, Cr Clark, Cr Martin, Cr Fox, Cr Lavell COUNCIL DECISION C9.04.17 MOTION Moved by: Cr Bertola Seconded by: Cr Clark That Council - 1. endorses the annual review of the Delegations Register; and 2. requests the CEO to provide a report detailing the implications of a

proposed delegation which would require any degree of discretion and

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C65 APRIL 2017

relaxation of rules for DA’s for the Mundaring Town Centre to be considered by Council.

CARRIED 8/1 For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Cook, Cr Fox,

Cr Bertola, Cr Lavell Against: Cr Jeans

Next Report

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C66 APRIL 2017

Attachment 7

Report 10.5

56 pages

DELEGATIONS REGISTER 2017

Adopted by Council on …………… 2017

Review

Reviewed by Date approved Council decision number

Council 26 February 2013 C16.02.13

Council 25 February 2014 C17.02.14

Council 10 February 2015 C5.02.15

Council 9 February 2016 C9.02.16

Council 11 April 2017

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 2 of 56

Amendments

Delegation Council Meeting Date Decision Number Amendment

COM-49 Select Winners of Australia Day Citizenship Awards

23 October 2013 SC12.10.13 new

CE-143 Cat Act 2011 Delegation

12 November 2013 C16.11.13 new

CE-147 Dog Act 1976 Delegation

28 January 2014 C13.01.14 new

CE-148 Serving Notices Requiring Certain Things to be Done by Owner or Occupier of Land

28 January 2014 C9.01.14 new

CE-149 Additional Powers When Notice is Given to the Owner or Occupier of Land Under Section 3.25

28 January 2014 C9.01.14 new

CE-150 Performing Particular Things on Land which is not Local Government Property

28 January 2014 C9.01.14 new

CE-5 Designate Senior Employees

25 February 2014 C17.02.14 repealed

CE-120 Minor Amendments to Policies and Delegations

25 February 2014 C17.02.14 repealed

CE-123 Complaints Officer 25 February 2014 C17.02.14 repealed

CE-56 Vegetation Control Agreements

25 February 2014 C17.02.14 repealed

CE-82 Tenders for Plant 25 February 2014 C17.02.14 repealed

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 3 of 56

and Vehicles – Review and Accept CE-109 Tenders – Determination of Criteria

25 February 2014 C17.02.14 repealed

CE-110 Regular Supply Tenders – Review and Accept

25 February 2014 C17.02.14 repealed

CE-130 New Tenders under $150,000 – Review and Accept

25 February 2014 C17.02.14 repealed

CE-145 Invite Tenders 25 February 2014 C17.02.14 repealed

CE-115 Road Closures 25 February 2014 C17.02.14 repealed

CE-78 Property Local Law – Administration of

25 February 2014 C17.02.14 repealed

CE-79 Thoroughfares Local Law – Administration of

25 February 2014 C17.02.14 repealed

CE-100 Stallholder and Trader Permits

25 February 2014 C17.02.14 repealed

CE-101 Keeping of Cats Local Law

25 February 2014 C17.02.14 repealed

CE-122 Reserve Names 25 February 2014 C17.02.14 repealed

CE-132 Suspend Parking Local law

25 February 2014 C17.02.14 repealed

CE-136 Extractive Industries Licences

25 February 2014 C17.02.14 repealed

CE-141 Caravan Park Regulations

25 February 2014 C17.02.14 repealed

CE-26 Commercial Activities – Lake Leschenaultia

25 February 2014 C17.02.14 repealed

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 4 of 56

CE-151 Expressions of Interest and Tenders

25 February 2014 C17.02.14 new

CE-15 Noise Control – Noise Management Plans

n/a n/a EPA delegation 111 replaced by 119 on 16 May 2014

COM-47 Investment Properties

24 June 2014 C14.06.14 repealed by disbanding IPC

CE-152 Disposal of Commercial Property

24 June 2014 C15.06.14 new replaces COM-47

CE-153 Powers of Entry 14 October 2014 C04.10.14 new

CE-148 Serving Notices Requiring Certain Things to be Done by Owner or Occupier of Land

28 January 2014 C9.01.14

sub-delegated to Directors on 14 November 2014

CE-149 Additional Powers When Notice is Given to the Owner or Occupier of Land Under Section 3.25

28 January 2014 C9.01.14

sub-delegated to Directors on 14 November 2014

CE-152 Disposal of Commercial Property

27 January 2015 C11.01.15

condition 1 replaced by: 1. Sale of property to be not less than 90% of independent valuation and in accordance with Council’s adopted property strategy.

CE-134 Administration of Policy OR-01 “Attendance by Elected Members at Conferences”

10 February 2015 C5.02.15 repealed

CE-138 Bush Fires Act 1954 Appointments

8 September 2015 C12.09.15

appointment of additional delegates under point 2: Fire Protection Officers

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 5 of 56

and Fire Hazard Inspection Officers.

CE-151 Expressions of Interest and Tenders

10 November 2015 C9.11.15

condition 2 amended so that upper limit for CEO and DIS is $225,000 excl. GST.

CE-153 Powers of Entry 9 February 2016 C9.02.16

sub-delegation to depot employees limited to supervisor level.

CE-153 Powers of Entry CE-138 Bush Fires Act 1954 Appointments CE-143 Cat Act 2011 delegations CE-147 Dog Act 1976 delegations

7 September 2016 CEO approval

replace redundant position of Team Leader Community Safety with new position of Coordinator Community Safety and Emergency Management

CE-141 Appointment of Authorised Officers – Public Health Act 2016

13 December 2016 C14.12.16

new delegation following introduction of new Health Act

CE-144 Appointment of Authorised and Approved Officers – Health (Asbestos) Regulations 1992

14 February 2017 C15.02.17

new delegation following changes to the Health (Asbestos)Regulations 1992

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 6 of 56

Introduction

The Delegations of Authority contained in this manual are made to the Chief Executive Officer pursuant to section 5.42 of the Local Government Act 1995 (the Act) and to Committees pursuant to section 5.16. Where listed some of these functions are delegated by the Chief Executive Officer to Shire of Mundaring employees pursuant to section 5.44 of the Act. All delegations made by Council must be by absolute majority decision. The Act provides that the following are decisions that cannot be delegated to the Chief Executive Officer (s. 5.43):

• Any power or duty that requires a decision of an absolute majority or 75% majority of the local government.

• Accepting a tender which exceeds an amount determined by the local government.

• Appointing an auditor. • Acquiring or disposing of any property valued at an amount exceeding the

amount determined by the local government. • Any of the local government’s powers under sections 5.98, 5.98A, 5.99, 5.99A

and 5.100 of the Act. • Borrowing money on behalf of the local government. • Hearing or determining an objection of a kind referred to in section 9.5. • The power under section 9.49A (4) to authorise a person to sign documents on

behalf of the local government. • Any power or duty that requires the approval of the Minister or the Governor. • Such other duties or powers as may be prescribed. Furthermore the following regulations prescribe powers and duties which cannot be delegated to a CEO:

• Regulation 18G of the Local Government (Administration) Regulations 1996 prohibits the delegation to a CEO of the powers and duties under: (i) Sections 7.12A(2), 7.12A(3)(a) and 7.12A(4) of the Local Government Act

1995 (relating to meetings with auditors); and (ii) Regulations 18C and 18D (relating to the selection and appointment of

CEOs and reviews of their performance).

• Regulation 6 of the Local Government (Financial Management) Regulations 1996 prohibits the delegation of the duty to conduct an internal audit to an employee (including a CEO) who has been delegated the duty of maintaining the local government’s day to day accounts or financial management operations.

The Act allows for the Chief Executive Officer to delegate any of their powers to another employee, this must be done in writing. These powers cannot, however, be further sub-delegated (s. 5.44). The Act also allows the delegator to place conditions on any delegations if required. A register of delegations, being this manual, is to be kept and reviewed at least once every financial year.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 7 of 56

If a person is exercising a power or duty that they have been delegated, the Act requires them to keep records relating to the exercise of the power or discharge of the duty. The written record is to contain:

• How and when the person exercised the power or discharged the duty; and • The persons or classes of persons, other than council or committee members or

employees of the local government, directly affected by the exercise of the power or the discharge of the duty.

Each instrument of delegation in this register describes the function being delegated and the relevant statutory reference which is the source of power for the exercise of the function. Also included is a reference to related documents such as policies of Council, which may provide guidance in the exercise of the delegation.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 8 of 56

Contents Corporate Services ............................................................................... 11

CE-1 Payments from Trust and Municipal Fund.......................................................... 11

CE-2 Investments ....................................................................................................... 12

CE-74 Appointment of Authorised Persons – Local Government Act 1995 ................. 13

CE-117 Lease Agreements ............................................................................................ 14

CE-119 Appointment of Acting CEO ............................................................................... 15

CE-125 Write Off Debt .................................................................................................... 16

CE-152 Disposal of Commercial Property ...................................................................... 17

CE-153 Powers of Entry ................................................................................................. 18

Infrastructure Services .......................................................................... 19

CE-150 Performing Particular Things on Land which is not Local Government Property 19

CE-151 Expressions of Interest and Tenders ................................................................ 21

Statutory Services ................................................................................. 23

CE-14 Noise Control – Environmental Protection Notice [s. 65(1)] ............................. 23

CE-15 Noise Control - Noise Management Plans [Reg. 13] ........................................ 24

CE-16 Noise Control - Noise Regulations ................................................................... 25

CE-83 Town Planning Schedules A and B .................................................................. 26

CE-137 Offences under LPS 4 – Stop and/or undertake certain work........................... 33

CE-138 Bush Fires Act 1954 Appointments ................................................................. 35

CE-139 Building Act 2011 - Authorised Persons .......................................................... 39

CE-140 Building Act 2011 – Permits, Certificates, Orders and Records ...................... 40

CE-141 Appointment of Authorised Officers – Public Health Act 2016 ......................... 41

CE-142 Food Act 2008 Delegations ............................................................................ 42

CE-143 Cat Act 2011 Delegation ................................................................................. 43

CE-144 Appointment of Authorised and Approved Officers – Health (Asbestos) Regulations 1992............................................................................................ 46

CE-147 Dog Act 1976 .................................................................................................. 47

CE-148 Serving Notices Requiring Certain Things to be Done by Owner or Occupier of Land ............................................................................................................... 50

CE-149 Additional Powers When Notice is Given to the Owner or Occupier of Land Under Section 3.25 ......................................................................................... 52

Strategic and Community Services ....................................................... 53

CE-144 Community Grants ......................................................................................... 53

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 9 of 56

Delegations to Committees of Council .................................................. 54

COM-46 Annual Meeting with Auditor .................................................................................... 54

COM-48 Community Funding .................................................................................................. 55

COM-49 Select Winners of Australia Day Citizenship Awards ........................................... 56

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 10 of 56

Corporate Services

CE-1 Payments from Trust and Municipal Fund

Date of adoption 22 July 1997

Function delegated That Council delegate to the Chief Executive Officer the exercise of its power to make payments from the Trust Fund or Municipal Fund (this includes Reserves and Restricted Assets).

Statutory power delegated Local Government (Financial Management) Regulations 1996 r. 12(1)(a) Payments from municipal fund or trust fund

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Corporate Services

Compliance links Local Government (Financial Management) Regulations 1996 r. 5 Financial management duties of the CEO r. 11 Payment of accounts r. 13 Lists of accounts Procedure FI-05 Signing of cheques / Approval of electronic funds transfers

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 11 of 56

CE-2 Investments

Date of adoption 23 July 1996

Function delegated That the Chief Executive Officer be delegated authority to invest Council funds with approved financial institutions as approved by Council to achieve maximum investment potential.

Statutory power delegated Local Government Act 1995 s. 6.14 Power to invest Local Government (Financial Management) Regulations 1996 r. 19 Management of investments

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Corporate Services Manager Finance and Governance

Compliance links Local Government Act 1995 s. 6.14(2)(a) Comply with regulations Local Government (Financial Management) Regulations 1996 r. 19C Investment of money Trustees Act 1962 Part III Investments Policy FI-02 Investments Procedure FI-01 Investments

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 12 of 56

CE-74 Appointment of Authorised Persons – Local Government Act 1995

Date of adoption 25 February 2014

Function delegated Authority to appoint persons or classes of persons as authorised persons for the purpose of fulfilling prescribed functions within the Local Government Act 1995, including the administration of the Shire of Mundaring Local Laws.

Statutory power delegated Local Government Act 1995 s. 3.24 Authorising persons under this subdivision s. 3.39 Power to remove and impound s. 9.10 Appointment of authorised persons

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Administration of the Thoroughfares Local Law is sub-delegated to: Director Statutory Services Manager Health and Community Safety Services Senior Environmental Health Officer

Compliance links Local Government Act 1995

Shire of Mundaring Local Laws

Conditions 1. The CEO may, at his discretion, refer any matter to Council for decision; and

2. Details of any prosecutions under a Local Law must be provided to Council.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 13 of 56

CE-117 Lease Agreements

Date of adoption 25 February 2014

Function delegated Authority to 1. renew existing lease agreements with charitable,

benevolent, religious, cultural, educational, recreational, sporting or other like nature groups or government agencies for properties that are under the care, control and management of the Shire of Mundaring either by management order, lease, sub-lease, licence, sub-licence or freehold; and

2. negotiate new lease agreements with existing lessees whose lease has expired.

Statutory power delegated Local Government Act 1995 s. 3.58 Disposing of property

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Nil

Compliance links Local Government (Functions and General) Regulations 1996 r. 30 Dispositions of property excluded from Act s. 3.58

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 14 of 56

CE-119 Appointment of Acting CEO

Date of adoption 22 May 2007

Function delegated Authority to appoint an Acting Chief Executive Officer in accordance with Council’s policy relating to the “Appointment of an Acting Chief Executive Officer".

Statutory power delegated Local Government Act 1995 5.36(1)(a) Local government employees

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Nil

Compliance links Policy AS-03 Appointment of Acting CEO

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 15 of 56

CE-125 Write Off Debt

Date of adoption 22 July 2008

Function delegated Authority to defer, waive, grant concession and conditions or write off any amount of money under section 6.12 of the Local Government Act 1995 to a maximum of one thousand dollars ($1,000). Note that s. 6.12(2) of the Local Government Act 1995 does not allow money owed to the Shire in respect of rates and service charges to be waived or for a concession in relation to such money to be granted.

Statutory power delegated Local Government Act 1995 s. 6.12 Power to defer, grant discounts, waive or write off debts

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Nil Compliance links Local Government Act 1995

s. 6.12 Power to defer, grant discounts, waive or write off debts Local Government (Financial Management) Regulations 1996 r. 26 Discount, incentive, concession, waiver and write-off information

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 16 of 56

CE-152 Disposal of Commercial Property

Date of adoption 24 June 2014 Function delegated Authority to determine:

1. Disposal (including sale or lease) of property; 2. Award of new lease; 3. Termination of existing lease; 4. Variation of existing lease terms; 5. Adjustment (increase or decrease) to rent

payable. Statutory power delegated Local Government Act 1995

s. 3.58, s. 3.59 (except s. 3.59(5)) Statutory power of delegation

Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer Council’s conditions on delegation

1. Sale of property to be not less than 90% of independent valuation and in accordance with Council’s adopted property strategy.

2. Award, termination and variation of leases: unlimited, subject to being commercially appropriate.

3. Adjustments to rent payable: - increase: unlimited, subject to being within

10% of independent valuation; - decrease: unlimited, subject to offsetting

lessee concessions or equivalent value or being within 10% of rent payable if considered commercially appropriate.

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to n/a CEO’s conditions on sub-delegation

n/a

Compliance links Local Government Act 1995 s. 3.58 and s. 3.59 Local Government (Functions and General) Regulations 1996

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 17 of 56

CE-153 Powers of Entry Date of adoption 14 October 2014 Function delegated Authority to:

1. Enter on to land to perform any function of the local government under Schedules 3.1 and 3.2 of the Act;

2. Give a notice of entry (s. 3.32);

3. Seek and execute an entry under warrant (s. 3.33);

4. Execute entry in an emergency (s. 3.34)

5. Give notice and effect entry by opening a fence (s. 3.36).

Statutory power delegated Local Government Act 1995 s. 3.32 Notice of entry s. 3.33 Entry under warrant s. 3.34 Entry in an emergency s. 3.36 Opening fences

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO

Delegator Council of the Shire of Mundaring Delegate Chief Executive Officer Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Manager Planning Services Manager Building Services Manager Health and Community Safety Services Coordinator Statutory Planning Coordinator Environment and Sustainability Coordinator Community Safety and Emergency Management Senior Building Surveyor Senior Environmental Health Officer Senior Strategic Planning Officer Planning Officer Environmental Officer Environmental Health Officer Community Safety Ranger Graffiti and Minor Maintenance Officer Coordinator Civil Works Maintenance Supervisor Supervisor Construction Works Supervisor Supervisor Tree Management

Compliance links Local Government Act 1995 Part 3 Division 3 Subdivision 3, and specifically s. 3.31 General procedure for entering property

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 18 of 56

Infrastructure Services

CE-150 Performing Particular Things on Land which is not Local Government Property

Date of adoption 28 January 2014 Function delegated The Chief Executive Officer is delegated the power to

carry out things prescribed in Schedule 3.2 of the Local Government Act 1995 even though the land is not local government property and the local government does not have consent to do it, as follows:

1. Carry out works for the drainage of land;

2. Do earthworks or other works on land for preventing or reducing flooding;

3. Take from land any native growing or dead timber, earth, stone, sand or gravel that, in its opinion, the local government requires for making or repairing a thoroughfare, bridge, culvert, fence or gate;

4. Deposit and leave on land adjoining a thoroughfare any timber, earth, stone, sand, gravel, and other material that persons engaged in making or repairing a thoroughfare, bridge, culvert, fence or gate do not, in the opinion of the local government, require;

5. Make a temporary thoroughfare through land for use by the public as a detour while work is being done on a public thoroughfare;

6. Place on land signs to indicate the names of public thoroughfares;

7. Make safe a tree that presents serious and immediate danger, without having to give the owner the notice otherwise required by regulations;

8. Obliterate graffiti that is visible from a public place and that has been applied without the consent of the owner or occupier.

Statutory power delegated Local Government Act 1995 s. 3.27 Particular things local governments can do on land that is not local government property

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO

Delegator Council of the Shire of Mundaring Delegate Chief Executive Officer Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 19 of 56

to other employees Sub-delegated to Director Infrastructure Services Compliance links Local Government Act 1995

Schedule 3.2 Particular things local governments can do on land even though it is not local government property

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 20 of 56

CE-151 Expressions of Interest and Tenders

Date of adoption 25 February 2014

Function delegated Authority to determine:

1. to call tenders [F&G Reg. 11];

2. to invite tenders though not required to do so [F&G Reg. 13];

3. the selection criteria for deciding which tender should be accepted [F&G Reg. 14(2a)];

4. the information to be disclosed to those interested in submitting a tender [F&G Reg. 14(4)(a)];

5. to vary tender information after public notice of invitation to tender and before the close of tenders [F&G Reg. 14(5)];

6. to seek clarification from tenderers in relation to information contained in their tender submission [F&G Reg. 18(4a)];

7. to evaluate tenders and decide which is the most advantageous [F&G Reg. 18(4)];

8. to accept or reject tenders [F&G Reg. 18(2) and (4)];

9. to decline any tender [F&G Reg. 18(5)];

10. minor variations before entering into a contract [F&G Reg. 20];

11. to accept the next most advantageous tender where within 6 months of accepting a tender a contract has not been entered into, or the successful tenderer agrees to terminate the contract [F&G Reg. 18 (6) and (7)];

12. appropriate circumstances for seeking and inviting expressions of interest for the supply of goods or services [F&G Reg. 21];

13. to consider expressions of interest which have not been rejected and determine those which are capable of satisfactorily providing the goods or services, for listing as acceptable tenderers [F&G Reg. 23].

Statutory power delegated Local Government Act 1995 s. 3.57 Tenders for providing goods and services Local Government (Functions and General) Regulations 1996 r. 11 When tenders have to be publicly invited r. 13 Requirements when local government invites tenders though not required to do so r. 14(2a) and (5) Publicly inviting tenders, requirements for r. 18 Rejecting and accepting tenders

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 21 of 56

r. 20 Variation of requirements before entry into contract r. 21 Limiting who can tender, procedure for r. 23 Rejecting and accepting expressions of interest to be acceptable tendered

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO s. 5.43 Limitations on delegations to the CEO

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer Council’s conditions on delegation

1. Regular supply tenders and tenders for plant and vehicles: may accept the most advantageous tender for all items identified in the adopted Annual Budget;

2. Other tenders: may only accept a tender where the consideration under the resulting contract is $225,000 (excluding GST) or less and the item is identified in the adopted Annual Budget.

Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Infrastructure Services (DIS) CEO’s conditions on sub-delegation

1. Regular supply tenders and tenders for plant and vehicles: may accept the most advantageous tender for all items identified in the adopted Annual Budget;

2. Other tenders: may only accept a tender where the consideration under the resulting contract is $225,000 (excluding GST) or less and the item is identified in the adopted Annual Budget;

3. Tender must be relevant to DIS’s area of responsibility;

4. DIS cannot accept tenders for which he/she has determined the criteria.

Compliance links Local Government (Functions and General) Regulations 1996 – Part 4 Division 2 Local Government (Functions and General) Regulations 1996 r. 31 Anti-avoidance provision for Act s. 3.58 Policy AS-04 Purchasing Policy Procedure FI-03 Ordering of Goods and Services Procedure FI-04 Quotations for Purchase of Goods and Services

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 22 of 56

Statutory Services

CE-14 Noise Control – Environmental Protection Notice [s. 65(1)]

ENVIRONMENTAL PROTECTION ACT 1986

Section 20

DELEGATION No. 52

Pursuant to section 20 of the Environmental Protection Act 1986, the Chief Executive Officer hereby delegates as follows—

Powers and duties delegated—

All the powers and duties of the Chief Executive Officer, where any noise is being or is likely to be emitted from any premises not being premises licensed under the Act, to serve an environmental protection notice under section 65(1) in respect of those premises, and where an environmental protection notice is so served in such a case, all the powers and duties of the Chief Executive Officer under Part V of the Act in respect of that environmental protection notice.

Persons to whom delegation made—

This delegation is made to any person for the time being holding or acting in the office of Chief Executive Officer under the Local Government Act 1995.

Pursuant to section 59(1)(e) of the Interpretations Act 1984, Delegation No. 32, dated 4 February 2000 is hereby revoked.

Dated this 9th day of January 2004. Approved—

FERDINAND TROMP, A/Chief Executive Officer. Dr JUDY EDWARDS MLA, Minister for the Environment.

Government Gazette 19 March 2004 – page 919.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 23 of 56

CE-15 Noise Control - Noise Management Plans [Reg. 13]

EV401* ENVIRONMENTAL PROTECTION ACT 1986

DELEGATION NO. 119

I, Jason Banks, in my capacity as Acting Chief Executive Officer of the Department responsible for the administration of the Environmental Protection Act 1986 (“the Act”), and pursuant to section 20 of the Act, hereby delegate to the holder for the time being of the offices of —

(a) Chief Executive Officer under the Local Government Act 1995; and (b) to any employee of a local government under the Local Government Act 1995

who is appointed as an Authorised Person under section 87 of the Act,

all my powers and duties in relation to noise management plans under regulation 13 of the Environmental Protection (Noise) Regulations 1997 other than this power of delegation. Under section 59(1)(e) of the Interpretation Act 1984, Delegation No. 111, gazetted 20 December 2013, is hereby revoked. Dated the 1st day of May 2014.

JASON BANKS, Acting Chief Executive Officer. Approved by —

Hon ALBERT JACOBS JP MLA, Minister for Environment: Heritage.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 24 of 56

CE-16 Noise Control - Noise Regulations

ENVIRONMENTAL PROTECTION ACT 1986

DELEGATION NO. 112

I, Jason Banks, in my capacity as Acting Chief Executive Officer of the Department of Environment Regulation responsible for the administration of the Environmental Protection Act 1986 (“the Act”), and pursuant to section 20 of the Act, hereby delegate to any person for the time being holding or acting in the office of a Chief Executive Officer under the Local Government Act 1995, my powers and duties under the Environmental Protection (Noise) Regulations 1997, other than this power of delegation, in relation to —

(a) waste collection and other works—noise management plans relating to specified works under regulation 14A or 14B;

(b) bellringing or amplified calls to worship—the keeping of a log of bellringing or amplified calls to worship requested under regulation 15(3)(c)(vi);

(c) community activities—noise control notices in respect of community noise under regulation 16;

(d) motor sport venues—noise management plans in relation to motor sport venues under Part 2 Division 3;

(e) shooting venues—noise management plans in relation to shooting venues under Part 2 Division 4;

(f) calibration results—requesting, under regulation 23(b), details of calibration results undertaken and obtained under Schedule 4;

(g) sporting, cultural and entertainment events—approval of events or venues for sporting, cultural and entertainment purposes under Part 2 Division 7, subject to the following limitation—

(i) Subregulation 18(13)(b) is not delegated. Under section 59(1)(e) of the Interpretation Act 1984, Delegation No. 68, gazetted 22 June 2007 is hereby revoked. Dated the 12th day of December 2013.

JASON BANKS, Acting Chief Executive Officer.

Approved by – JOHN DAY, Acting Minister for Environment; Heritage.

Government Gazette 20 December 2013 - page 6282.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 25 of 56

CE-83 Town Planning Schedules A and B

Date of adoption 28 October 2003

Power or duty to be exercised A. That in accordance with the various Acts of Parliament referred to in Schedule A, Council delegates to its Chief Executive Officer those matters detailed under the heading Schedule A, Delegation of Authority to the Chief Executive Officer.

B. That in accordance with Clause 11.3 of the Shire of Mundaring Local Planning Scheme No. 4 Clause 82 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, Council delegates authority to the Chief Executive Officer for those matters detailed in the attached Schedule B, Delegation of Authority to the Chief Executive Officer.

C. Council notes that in accordance with the provisions of the various Acts of Parliament referred to in Schedule A and Clauses 11.3.1 and 11.3.2 Clause 83 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 the Chief Executive Officer may delegate the matters delegated to him in Schedules A and B in the attached Instruments of Delegation to such officers as deemed appropriate.

D. Where the words “Local Planning Scheme No. 4” appear in schedule A and B, referring to a delegation of Council’s Powers, they be replaced with the words “current Local Planning Scheme”.

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

On-delegated to Director Statutory Services; Manager Planning Services; Coordinator Statutory/Strategic Planning; Statutory/Strategic Planning Officer; Manager Health and Community Safety Services; Manager Building Services

On-delegation reference SS-45

Conditions n/a

Head of power Local Planning Scheme No. 4 cl.11.3 Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 Clause 82 Local Government Act 1995 s. 5.42

Referring legislation Various Acts of Parliament;

Shire of Mundaring Local Planning Scheme No. 4

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 26 of 56

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 27 of 56

CE-83: Schedule A

DSS – Director Statutory Services MPS – Manager Planning Services CSP – Coordinator Statutory/Strategic Planning PO – Statutory/Strategic Planning Officer MBS – Manager Building Services

Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-1 Issue planning approval in respect of development requiring referral to WAPC and or Main Roads.

CEO DSS MPS

P-2

Certify that buildings and land parcels the subject of an application under the Strata Titles Act 1985 have been inspected and are consistent with building plans and specifications approved by Council.

CEO DSS MPS

P-3

Oppose applications lodged with the Warden’s Court for mining tenements, exploration licences, prospecting licences and other forms of mining tenement within the Shire of Mundaring.

CEO DSS MPS

P-4 Recommend street names to the Geographic Names Committee of Landgate. CEO DSS

P-5 Recommend reserve names to the Geographic Names Committee of Landgate. CEO DSS

CE-83: Schedule B

Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-6 Make recommendations direct to WAPC for the deferral or approval (with or without conditions) of any subdivision application.

CEO

DSS MPS CSP PO

P-7 Make recommendations direct to WAPC for refusal of any subdivision application. CEO MPS

CSP

P-8 Make recommendations direct to WAPC for the approval (with or without conditions) of amalgamation applications.

CEO MPS CSP PO

P-9 Respond to notices of appeal and requests for reconsideration in respect of subdivisions, amalgamations or conditions.

CEO MPS CSP

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 28 of 56

Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-10

Certify on diagrams/plans of survey that the conditions of approval imposed by WAPC or SAT upon proposed subdivisions or amalgamations have been fulfilled to the satisfaction of Council.

CEO MPS CSP PO

P-11

Accept the care, control and management (vesting) of all reserves acquired for public open space as a condition of subdivision, under s. 152 of the Planning and Development Act 2005.

CEO MPS CSP

P-12

a. Adopt Structure Plans showing tree preservation/tree planting areas and building envelopes for thirty-five (35) lots or less in those areas not identified by Council as requiring comprehensive Structure Plans.

b. Determine applications for building envelopes in the Residential R2.5, Rural Residential and Rural Small Holdings Zones.

CEO

a: DSS MPS CSP b: MPS CSP PO

P-13 Determine modifications to adopted Structure Plans and provide recommendations to WAPC on modifications to adopted Structure Plans.

CEO MPS CSP PO (part)

P-14 Approve “P” uses. CEO MPS CSP PO (part)

P-15 Refuse “X” uses. CEO MPS CSP

P-16 Approve “D” uses. CEO MPS CSP PO (part)

P-17 Approve “A” uses. CEO MPS CSP

P-18 Revoke or vary any condition of planning approval, pursuant to clause 10.3(a) of the Scheme.

CEO MPS CSP

P-19 Approve home occupation applications and renewal of those approvals. CEO

MPS CSP PO

P-20 Approve applications for Family Day Care. CEO MPS CSP PO

P-21 Approve applications for construction of display homes and land sales offices. CEO MPS

CSP

P-22 Approve one tennis court on any lot zoned Residential, Rural Residential, Rural Small Holdings and General Agriculture.

CEO MPS CSP

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 29 of 56

Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-23 Approve applications for routine and/or occasional dam maintenance. CEO MPS

CSP

P-24 Approve applications for advertisements. CEO MPS CSP

P-25

Part of Mundaring Trade Centre: a. Approve service commercial development

on the service commercial components of lots 20 to 28 inclusive prior to the construction of residences on such lots.

b. Approve single houses on the residential components of lots 20 to 28 inclusive.

CEO MPS CSP

P-26 Approve the erection of banners for special events. CEO MPS

CSP

P-27

Grant approval for the use or development on land that is depicted as a Local Reserve under the current Local Planning Scheme in accordance with clause 3.4 of the Scheme.

CEO DSS MPS

P-28 Grant approval for any requests for secondary fences along Helena Valley Road. CEO MPS

CSP

P-29

a. Approve applications for relaxation of boundary setbacks for development in all zones.

b. Determine primary and secondary street frontages for the purpose of applying building setbacks.

c. Approve buildings projecting into the visual truncation provided that the Director Infrastructure Services is satisfied that such intrusion would not be detrimental to traffic safety.

CEO MPS CSP PO

P-30

Approve construction of buildings outside the nominated building envelopes in Rural residential, Rural Small Holdings or Residential R2.5 zones or outside building envelopes defined in covenants placed on titles by legal agreement with the Council.

CEO MPS CSP PO

P-31

Approve the relaxation of the standards for sand pads referred to in the Scheme when considering a subdivision plan or an application for planning approval or a building licence.

CEO MPS CSP PO

P-32 Approve relaxation of the standards referred to in the site coverage and plot ratio standards in the Scheme.

CEO MPS CSP PO

P-33 Approve relaxation of the standards referred to in the number of buildings standards in the Scheme.

CEO MPS CSP PO

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 30 of 56

Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-34 Determine all applications for planning approval for outbuildings in accordance with Local Planning Scheme No. 4.

CEO MPS CSP PO

P-35 Approve applications for over-height buildings that do not comply with the standards prescribed by Local Planning Scheme No. 4.

CEO MPS CSP

P-36 Approve the relaxation of the requirement to bitumen surface driveways and parking areas in developments of a commercial nature outside the Town centre zone.

CEO MPS CSP

P-37

a. Approve building licence applications that do not comply with the relevant Deemed-to-Comply provisions of the Residential Design Codes.

b. Approve applications for planning approval that do not meet the relevant Deemed-to-Comply provisions of the Residential Design Codes.

CEO MBS MPS CSP

P-38

Determine all applications for planning approval involving Bed & Breakfast establishments, in accordance with Council’s adopted Bed & Breakfast Establishments Policy (Code).

CEO MPS CSP

P-39 Determine all applications for planning approval involving transportable structures, in accordance with Council’s Transportable Structures Policy (Code).

CEO MPS CSP

P-40 Determine all applications for planning approval involving retrospective development, in accordance with Council’s adopted Retrospective Development Policy (Code).

CEO DSS MPS

P-41 Approve applications for relaxation of car parking requirements for developments in all zones.

CEO MPS CSP

P-42 Approve applications for relaxation of landscaping requirements for developments in all zones.

CEO MPS CSP PO

P-43

Approve proposals that were previously granted planning approval, where that approval has since expired or is due to expire prior to project commencement or completion, without the need to advertise such proposal for public comment.

CEO DSS MPS CSP

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 31 of 56

Delegation reference

Function (Summarised - Please refer to “Instrument of Delegation to the Chief Executive Officer incorporating Schedules A & B” for full function and conditions)

Delegated to

On-delegated

to

P-44

a. Reduce the fees payable on a new application for planning approval to not less than 20% of the set charge, subject to the new application being substantially unchanged from a previous proposal considered by Council or the CEO under delegated authority.

b. Waive the administration fee payable for a new application for planning approval where in the opinion of that officer the application is of a minor nature.

CEO DSS MPS

P-45

a. Respond on behalf of Council to notices of appeals in respect of refusals of applications for planning approval or conditions imposed on planning approvals, providing that any response achieves a result which accords with Council’s objectives as set forth in the current Local Planning Scheme.

b. Recommend conditions of approval on development applications that were approved with conditions or refused by Council or the CEO acting under delegated authority and which were subject of an appeal subsequently upheld by SAT.

CEO DSS MPS

P-46 Remove caveats placed on Certificates of Title as a result of conditions of subdivision or planning approval.

CEO MPS CSP

P-47 Approve applications for extractive industry licences in accordance with Extractive Industries Local law.

CEO DSS

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 32 of 56

CE-137 Offences under LPS 4 – Stop and/or undertake certain work

Date of adoption 26 October 2010

Power or duty to be exercised A. Authority is delegated to the Chief Executive Officer to issue written directions, in accordance with Clause 214(2) of the Planning and Development Act 2005, to a landowner who is committing an offence under the Shire of Mundaring’s Local Planning Scheme No. 4 by: 1. Developing an ‘X’ use in the Scheme; 2. Storing a transportable structure on a residential property; 3. Conducting works in a watercourse; 4. Occupying ancillary accommodation; 5. Removing vegetation; 6. Storing materials in the front or rear yard of a Residential, Rural Residential, Rural Small Holdings or General Agriculture zoned property so that those stored materials are detrimental to amenity in accordance with 5.7.11.1 of the Scheme; 7. Constructing a building; 8. Parking a commercial vehicle; 9. Conducting earthworks, including but not limited to the construction of a dam; 10. Conducting business operations on a property; zoned Residential, Rural Residential, Rural Small Holdings or General Agriculture; 11. Development not in accordance with a planning approval of the Shire; 12. Keeping stock. B. Authority is delegated to the Chief Executive Officer to issue written directions, in accordance with Clause 214(3) of the Planning and Development Act 2005, to a landowner who has committed an offence under the Shire of Mundaring’s Local Planning Scheme No. 4 by having: 1. Developed an ‘X’ use in the Scheme; 2. Stored a transportable structure on a residential property; 3. Conducted works in a watercourse; 4. Occupied ancillary accommodation; 5. Removed vegetation; 6. Stored materials in the front or rear yard of a Residential, Rural Residential, Rural Small Holdings or General Agriculture zoned property so that those stored materials are detrimental to amenity in accordance with 5.7.11.1 of the Scheme.

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

On-delegated to Director Statutory Services

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 33 of 56

On-delegation reference n/a

Conditions n/a

Head of power Local Government Act 1995 s. 5.42

Referring legislation Planning and Development Act 2005 clause 214 (2) and 214 (3) Shire of Mundaring Local Planning Scheme No. 4

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 34 of 56

CE-138 Bush Fires Act 1954 Appointments

Date of adoption 9 August 2011

Function delegated 1. That pursuant to the provisions of Section 48 of the Bush Fires Act 1954, Council delegates to the Chief Executive Officer the performance of its functions under the Act as detailed in ATTACHMENT 3 entitled “Delegations to Chief Executive Officer under the Bush Fires Act 1954”; 2. That pursuant to Section 59(3) and 59A of the Bushfires Act 1954 the Manager Health and Community Safety Services, Coordinator Community Safety and Emergency Management and any person appointed to the position of Community Safety Ranger, Fire Protection Officer and Fire Hazard Inspection Officer are appointed to consider allegations of offences alleged to have been committed against the Act in the Shire of Mundaring and if the delegate thinks fit to institute and carry on proceedings in the name of the Shire of Mundaring against any person alleged to have committed those offences; 3. That pursuant to Section 17(10) of the Bush Fires Act 1954 the Shire President and Chief Bush Fire Control Officer jointly are delegated to: (A) Vary the prohibited burning times in the whole of, or part of the Shire of Mundaring by shortening, extending, suspending, reimposing a period of prohibited burning times or by imposing a further period of prohibited burning times. (B) Rescind or modify the variation upon receipt of a notice by the Shire of Mundaring from the Minister directing the Shire to rescind or modify such variation.

Statutory power delegated Bush Fires Act 1954

Statutory power of delegation Bush Fires Act 1954 s. 48, s. 17 and s. 18 Delegator Council of the Shire of Mundaring Delegate As specified above:

Chief Executive Officer Manager Health and Community Safety Services Coordinator Community Safety and Emergency Management Community Safety Rangers Fire Protection Officers Fire Hazard Inspection Officers Shire President & Chief Bush Fire Control Officer jointly

Statutory power to sub- No statutory power to sub-delegate is provided in the

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 35 of 56

delegate Bush Fires Act 1954

Sub-delegated to Nil

Compliance links Bush Fires Act 1954

Bush Fires Regulations 1954

Bush Fires (Infringements) Regulations 1978

CE-138 Attachment 3

Delegations to the CEO under the Bush Fires Act 1954 and the Bush Fires Regulations 1954

Section 13 (4) Authorise bush fire liaison officer or another person to take control of all operations in relation to a fire.

Section 18 (5) Declare and vary restricted burning times and conditions.

Section 18 (10A) Declare when and by whom bush may be burnt.

Section 18 (10B) Determine date by which applications to set fire to bush are to be submitted and allocate day or days on which burning may take place.

Section 18 (10C) Vary the notice required in relation to burning permitted under 10B.

Section 22 (6) Arrange with the occupier of exempt land and the occupier of land adjoining exempt land to co-operate in burning firebreaks on the respective lands.

Section 22 (7) Specify the dimensions of firebreaks required in association with burning to be conducted as per s. 22 (6).

Section 23 (1) (b)

During prohibited burning times permit the owner or occupier of land to burn bush on a road reserve adjoining his land or to burn bush on any of his land that is grass land, for the purpose of protecting pasture or crop growing on his land from damage by fire.

Section 24F (2) (b) (ii)

Give written permission during limited burning times to burn garden refuse in an incinerator where there is no inflammable material within 2 metres of the incinerator, a person is present until the fire is extinguished and when the fire is no longer required, it is completely extinguished by the application of water or earth.

Section 24G (2) Prohibit or restrict the burning of garden refuse by notice published in the Gazette and a newspaper circulating in the district.

Section 24G (5) Vary or cancel a notice issued under 24G (2).

Section 25 (1) (a) Approve in writing the lighting of a fire for the purpose of camping or cooking at a time when the fire danger is catastrophic, extreme, severe or very high.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 36 of 56

Section 25 (1) (b) Approve the lighting of a fire in the restricted or prohibited burning times for the conversion of bush into charcoal or in or about a lime kiln.

Section 25 (1a) Prohibit the lighting of fires in the open air for the purpose of camping or cooking during the prohibited burning times by notice published in the Government Gazette and in a newspaper circulating in the district.

Section 25A (5) Notwithstanding any provision of this section issue a notice in writing on a person to whom a ministerial exemption has been granted prohibiting that person from lighting a fire to which the exemption relates.

Section 27 (2)

Permit the use of tractors the exhaust pipes of which are not vertical, so long as the other requirements specified in respect of a tractor in paragraph a) of subsection (1) and any notice under subsection (3) are complied with.

Section 27 (3)

Prohibit the operation of any tractor or self-propelled harvester that is not equipped with a fire extinguisher, by notice in a newspaper circulating in the district and by radio broadcast with coverage to the district and by display of such notice in prominent positions in the district.

Section 27 (4) Vary or cancel a notice issued as per subsection (3).

Section 28 (5) Recover the expenses of the local government incurred in extinguishing a fire where the occupier of the land on which the fire is situated has failed to take measures to extinguish it.

Section 33 (1)

Give notice to an owner or occupier of land by publishing a notice in the Government Gazette and in a newspaper circulating in the district requiring the installation and maintenance of fire breaks and to take other specified actions in relation to anything on the land which is conducive to the outbreak of a bush fire or the spread or extension of a bush fire.

Section 33 (4)

Direct a bush fire control officer, or any officer of the local government with required workmen or contractors to enter upon the land of an owner or occupier who fails or neglects to comply with the notice issued as per subsection (1) to carry out the works required.

Section 33 (5) Ascertain and fix the amount of any costs incurred in carrying out works as per (4) and recover same in a court of competent jurisdiction as a debt due from the owner.

Section 33 (6)

At the request of the owner or occupier of land within its district, carry out on the land, at the expense of the owner or occupier, any works for the removal or abatement of a fire danger, and recover the amount of the expense, if not paid on demand, from the owner or occupier in a court of competent jurisdiction.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 37 of 56

Section 38 (1) and (2A)

Appoint such persons as considered necessary to be bush fire control officers including a Chief Bush Fire Control Officer and a Deputy Chief Bush Fire Control Officer and cause notice of such appointments to be published at least once in a newspaper circulating in the district.

Section 38 (5A)

Issue directions to a bush fire control officer or to an officer of a bush fire brigade to burn, subject to the provisions of the Act, bush on, or at the margins of, streets, roads, and ways, under the care, control and management of the Shire.

Section 38 (8) and (9)

Subject to DFES declaring the Shire an approved local government, appoint such numbers of senior bush fire control officers to the office of fire weather officer and define the part of the district in which each fire weather officer may exercise the powers conferred by the Act.

Section 38 (10) Appoint one or more persons to be deputies of a fire weather officer appointed under (8) and (9).

Section 46 Prohibit or postpone the lighting of a fire where it is considered that the fire if lit would be or become a source of danger by escaping from the land on which it is proposed to be lit.

Regulation 20 Prohibit the issue of a permit to burn subterranean clover if such burning may be a source of danger to lands adjoining the land on which the proposed burning is to take place.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 38 of 56

CE-139 Building Act 2011 - Authorised Persons

Date of adoption 13 December 2011

Function delegated Authority to 1. Designate an employee as an authorised person

under s. 96(3) of the Building Act 2011; and 2. Limit the powers of an authorised person by

imposing conditions on a person’s instrument of designation or by written notice and at any time revoke or vary such condition or notice.

Statutory power delegated Building Act 2011 s. 96(3) Authorised persons s. 99 Limitation on powers of authorised person

Statutory power of delegation Building Act 2011 s. 127 Delegation: special permit authorities and local governments

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Building Act 2011 s. 127(6A) Delegation: special permit authorities and local governments – power to sub-delegate is limited to CEO’s

Sub-delegated to n/a

Compliance links Building Act 2011

Building Regulations 2012

Building Code of Australia

Conditions CEO to be satisfied that authorised person is suitably qualified in accordance with s. 5.36(3) of the Local Government Act 1995.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 39 of 56

CE-140 Building Act 2011 – Permits, Certificates, Orders and Records

Date of adoption 13 December 2011

Function delegated Authority for suitably qualified persons who, in the opinion of the Chief Executive Officer have the qualifications to undertake the roles and functions of a building surveyor, to administer Building Act 2011 sections: 20 - Grant of building permit 21 - Grant of demolition permit 22 - Further grounds for not granting an application 27 - Conditions imposed by permit authority 55 - Occupancy permits and building approval certificates, further information 58 - Grant of occupancy permit, building approval certificate 62 - Conditions imposed by permit authority 65 - Extension of period of duration 110 - Building orders 117 - Revocation of building order 118 - Permit authority may give effect to building order if non-compliance; and 131 - Inspection, copies of building records.

Statutory power delegated Building Act 2011 s. 20, 21, 22, 27, 55, 58, 62, 65, 110, 117, 118 and 131

Statutory power of delegation Building Act 2011 s. 127 Delegation: special permit authorities and local governments

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Building Act 2011 s. 127(6A) Delegation: special permit authorities and local governments – power to sub-delegate is limited to CEO’s

Sub-delegated to Manager Building Services Senior Building Surveyor Building Surveyor Assistant Building Surveyor

Compliance links Building Act 2011

Building Regulations 2012

Building Code of Australia

Conditions Compliance with Shire of Mundaring building policies.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 40 of 56

CE-141 Appointment of Authorised Officers – Public Health Act 2016

Date of adoption 13 December 2016 Function delegated Authority to designate a person or class of

persons as Authorised Officers for the purpose of fulfilling prescribed functions of the Public Health Act 2016. Authority to issue Certificates of Authority to persons designated as Authorised Officers.

Statutory power delegated Public Health Act 2016 s. 24 Designation of authorised officers s. 30 Certificates of authority

Statutory power of delegation

Public Health Act 2016 s. 21 Enforcement agency may delegate

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate N/A

Sub-delegated to N/A

Compliance links N/A

Conditions 1. The CEO may, at his discretion, refer any matter to Council for decision.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 41 of 56

CE-142 Food Act 2008 Delegations

Date of adoption 9 October 2012

Function delegated That Council: 1. Delegates to the Chief Executive Officer the following powers: · Appointment of authorised officers under s. 122 of the Act; · Issue of certificates of authority under s. 123 of the Act; · Appointment of designated officers under s. 126(2), (6) and (7) of the Act to issue, extend time for payment or withdraw infringement notices. 2. Delegates to the Director Statutory Services and the Manager Health and Community Safety Services the following powers: · Issue a prohibition order, issue a certificate of clearance; provide written notification not to issue a certificate of clearance approval under s. 65, 66 and 67 of the Act; . Grant, apply conditions, refuse, vary or cancel registration of a food business under s. 110 and 112 of the Act.

Statutory power delegated Food Act 2008 s. 65, 66, 67, 110 and 112 s. 122, 123 and 126

Statutory power of delegation Food Act 2008 s. 118

Delegator Council of the Shire of Mundaring

Delegate As specified above: Chief Executive Officer Director Statutory Services Manager Health and Community Safety Services

Statutory power to sub-delegate

Nil. The Food Regulations 2009 do not provide the power to sub-delegate.

Sub-delegated to n/a

Compliance links Food Act 2008

Food Regulations 2009

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 42 of 56

CE-143 Cat Act 2011 Delegation

Date of adoption 12 November 2013

Function delegated Council delegates to the Chief Executive Officer all the powers and duties of the local government under the Cat Act 2011, except the power to deal with an objection (s. 70).

Statutory power delegated Cat Act 2011 – refer to Schedule A

Statutory power of delegation Cat Act 2011 s. 44

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate

Cat Act 2011 s. 45

Sub-delegated to refer to Schedule A

Compliance links Cat Act 2011 Cat Regulations 2012 Shire of Mundaring “Keeping of Cats” Local Law

Conditions Nil

CE-143: Schedule A

On-delegation reference Function Delegated

to On-delegated to

SS - 48 Cat Act 2011 – s. 9 Grant, refuse to grant, renew or refuse to renew a cat registration.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 49 Cat Act 2011 – s. 9(5) Require an applicant to provide documents or information, within a specified time of not more than 21 days, required to determine an application and require the applicant to verify the information by statutory declaration.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 50 Cat Act 2011 – s. 10(a) CEO Receptionist

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 43 of 56

Cancel the registration of a cat where the cat has died, is no longer kept in the state or has been registered with another local government.

Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 51 Cat Act 2011 – s. 10(b) Cancel the registration of a cat where the cat owner has been convicted of offences as prescribed.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 52 Cat Act 2011 – s. 11 Issue a registration number, certificate and tag including a replacement certificate or tag.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 53 Cat Act 2011 – s. 12 Keep an accurate and up to date register of cats.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 54 Cat Act 2011 – s. 13 On refusal to grant or renew a registration of a cat or cancel a registration of a cat, notify the owner within seven (7) days of making the decision.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 55 Cat Act 2011 – s. 26 Issue a cat control notice.

CEO Community Safety Ranger Coordinator Community Safety and Emergency Management Manager Health and Community

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 44 of 56

Safety Services Director Statutory Services

SS – 56 Cat Act 2011 – s. 37(1) & (2) Cat Regulations 2012 – r. 22 Grant, refuse to grant, renew or refuse to renew an application to breed cats.

CEO Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 57 Cat Act 2011 – s. 37(3) & (4) Require an applicant to provide documents or information, within a specified time of not more than 21 days, required to determine a breeder application and require the applicant to verify the information by statutory declaration.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 58 Cat Act 2011 – s. 38 Cancel an approval to breed.

CEO Manager Health and Community Safety Services Director Statutory Services

SS – 59 Cat Act 2011 – s. 39 Issue a certificate to an approved breeder.

CEO Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 60 Cat Act 2011 – s. 40 Notify the applicant of the decision to approve or decline the registration or approve or decline the breeder’s application in writing within seven (7) days of making the decision.

CEO Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

SS – 61 Cat Act 2011 – s. 49(3) Recover the costs associated with the destruction of a cat in a court of competent jurisdiction.

CEO Coordinator Community Safety and Emergency Management Manager Health and Community Safety Services Director Statutory Services

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 45 of 56

CE-144 Appointment of Authorised and Approved Officers – Health (Asbestos) Regulations 1992

Date of adoption 14 February 2017 Function delegated Authority to appoint persons or classes of

persons as Authorised or Approved Officers for the purpose of issuing and managing infringement notices under the Health (Asbestos) Regulations 1992.

Statutory power delegated Health (Asbestos) Regulations 1992 reg. 15D(5) – Infringement notices

Statutory power of delegation Criminal Procedure Act 2004 Part 2

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate N/A

Sub-delegated to N/A

Compliance links N/A

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 46 of 56

CE-147 Dog Act 1976

Date of adoption 28 January 2014

Function delegated Council delegates to the Chief Executive Officer all the powers and duties of the local government under the Dog Act 1976 and authorises the Chief Executive Officer to further delegate the powers and duties.

Statutory power delegated Dog Act 1976 Dog Regulations 2013

Statutory power of delegation Dog Act 1976 s. 10AA Delegation of local government powers and duties

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

Statutory power to sub-delegate Dog Act 1976 s. 10AA(3)

Sub-delegated to refer to Schedule A

Compliance links Dog Act 1976 Dog Regulations 2013

Conditions Nil

CE-147: Schedule A

On-delegation reference Function Delegated

to On-delegated to

SS - 62 Dog Act 1976 – s. 10A Pay and direct a vet to sterilise a dog owned by an eligible person.

CEO Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

SS – 63 Dog Act 1976 – s. 11 Appoint person(s) to administer dog management facilities.

CEO Community Safety Ranger Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

SS – 64 Dog Act 1976 – s. 14 Keep an accurate and up to date register of dogs.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 47 of 56

SS – 65 Dog Act 1976 – s. 15 Discount or waive the registration fee for an individual dog or any class of dogs, except dangerous dogs.

CEO Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

SS – 66 Dog Act 1976 – s. 16 Effect, refuse to effect, renew or refuse to renew, cancel a dog registration in the prescribed circumstances and notify the applicant forthwith of the grounds upon which the decision was made. .

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

SS – 67 Dog Act 1976 – s. 16(6) Issue a registration number, certificate and tag.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

SS – 68 Dog Act 1976 – s. 17A If no application for registration has been made, give written notice to the owner that a dog cannot be registered because of any of the prescribed reasons and inform the owner of right of review.

CEO Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

SS – 69 Dog Act 1976 – s. 19 Refund part of the registration fee on cancellation of the registration and return of the tag.

CEO Receptionist Companion Animal Administration Officer Community Safety Ranger Community Safety Secretary Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

SS – 70 Dog Act 1976 – s. 26(3) Grant an exemption from the limit imposed on the number of dogs that can be kept.

CEO Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

SS – 71 Dog Act 1976 – s. 27 Grant or cancel a kennel licence.

CEO Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 48 of 56

SS – 72 Dog Act 1976 – s. 33H Revoke a declaration or proposal to destroy.

CEO Coordinator Community Safety and Emergency Management Manager Community Safety & Emergency Management Director Statutory Services

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 49 of 56

CE-148 Serving Notices Requiring Certain Things to be Done by Owner or Occupier of Land

Date of adoption 28 January 2014 Function delegated The Chief Executive Officer is delegated the power to

issue a notice in writing relating to the land requiring the person to do anything specified in Schedule 3.1, Division 1 of the Local Government Act 1995 or for the purpose of remedying or mitigating the effects of any offence prescribed in Schedule 3.1, Division 2 including the following:

1. prevent water from dripping or running from a building;

2. placing a number on a property to indicate an address;

3. repair a public thoroughfare;

4. ensure that land that adjoins a public thoroughfare is suitably enclosed;

5. ensure unsightly land is enclosed;

5A. ensure overgrown vegetation, rubbish or disused material is removed from land;

5B. ensure that graffiti is obliterated;

6. take measures to prevent movement of sand, rocks etc;

7. ensure that land adjoining a public thoroughfare is not overgrown;

8. removing a tree or part that is obstructing a thoroughfare;

9. ensuring that a tree that endangers any person is made safe (dangerous tree);

10. taking specified measures to prevent damage to the public or property from cyclonic activity;

11. remove bees that are a danger or a nuisance;

12. ensure that unsightly, dilapidated or dangerous fence is modified or repaired;

13. take measures to prevent artificial light or other light being omitted or reflected to remove a nuisance;

14. make safe anything that is obstructing a private thoroughfare.

Statutory power delegated Local Government Act 1995 s. 3.25 Notices requiring certain things to be done by owner or occupier of land

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 50 of 56

CEO Delegator Council of the Shire of Mundaring Delegate Chief Executive Officer Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Infrastructure Services Director Statutory Services Director Corporate Services Director Strategic and Community Services

Compliance links Local Government Act 1995 Schedule 3.1 Powers under notices to owners or occupiers of land

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 51 of 56

CE-149 Additional Powers When Notice is Given to the Owner or Occupier of Land Under Section 3.25

Date of adoption 28 January 2014 Function delegated The Chief Executive Officer is delegated the power to

do anything considered necessary to achieve, so far as is practicable, the purpose for which a notice under section 3.25 of the Local Government Act 1995 was given, including recovering the cost of anything done as a debt due from the person who failed to comply with the notice.

Statutory power delegated Local Government Act 1995 s. 3.26 Additional powers when notices given

Statutory power of delegation Local Government Act 1995 s. 5.42 Delegation of some powers or duties to the CEO

Delegator Council of the Shire of Mundaring Delegate Chief Executive Officer Statutory power to sub-delegate

Local Government Act 1995 s. 5.44 CEO may delegate some powers and duties to other employees

Sub-delegated to Director Infrastructure Services Director Statutory Services Director Corporate Services Director Strategic and Community Services

Compliance links Local Government Act 1995 s. 3.25 Notices requiring certain things to be done by owner or occupier of land Schedule 3.1 Powers under notices to owners or occupiers of land

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 52 of 56

Strategic and Community Services

CE-144 Community Grants

Date of adoption 11 December 2012

Power or duty to be exercised Authority to determine allocation of: • General Purpose Quick Grants and Community

Event Grants up to the value of $500; and • Youth Sponsorship Grants and Volunteer

Recognition Grants up to the value of $300.

Delegator Council of the Shire of Mundaring

Delegate Chief Executive Officer

On-delegated to n/a

On-delegation reference n/a

Conditions n/a

Head of power Local Government Act 1995 s. 5.42

Referring legislation n/a

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 53 of 56

Delegations to Committees of Council

COM-46 Annual Meeting with Auditor

Date of adoption 26 September 2006

Function delegated That Council delegates authority to the Audit and Risk Committee to meet with the auditor of the Shire of Mundaring at least once in every year to satisfy the requirement of s. 7.12A (2) of the Local Government Act 1995.

Statutory power delegated Local Government Act 1995 s. 7.12A(2) Duties of local government with respect to audits

Statutory power of delegation Local Government Act 1995 s. 5.16 Delegation of some powers and duties to certain committees s. 7.1B Delegation of some powers and duties to audit committees

Delegator Council of the Shire of Mundaring

Delegate Audit and Risk Committee

Statutory power to sub-delegate

Nil

Sub-delegated to Nil

Compliance links Department of Local Government and Communities Operational Guideline No. 9 – Audit in Local Government

Conditions Nil.

Sub-delegation is prohibited by s. 7.1B

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 54 of 56

COM-48 Community Funding

Date of adoption 27 April 2010

Function delegated That Council delegate authority to the Grants Selection Committee to grant: 1. Milestone Event; 2. Community Event Grants over the value of $500 up to $10,000; and 3. Matching Grants up to a value of $2,000.

Statutory power delegated Local Government (Financial Management) Regulations 1996 r. 12(1)(a) Payments from municipal fund or trust fund, restrictions on making

Statutory power of delegation Local Government Act 1995 s. 5.16 Delegation of some powers and duties to certain committees

Delegator Council of the Shire of Mundaring

Delegate Grants Selection Committee

Statutory power to sub-delegate

Nil

Sub-delegated to Nil

Compliance links Council Policy CD-02 Community Funding Policy

Conditions Decisions must be in accordance with the requirements of relevant council policies, be within annual budget allocations and records evidencing assessment against criteria must be retained.

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 55 of 56

COM-49 Select Winners of Australia Day Citizenship Awards

Date of adoption 23 October 2013

Function delegated Council delegates authority to the Australia Day Citizenship Awards Committee to select the winners of the Australia Day Citizenship Awards for the Shire of Mundaring.

Statutory power delegated n/a Statutory power of delegation Local Government Act 1995

s. 5.16 Delegation of some powers and duties to certain committees

Delegator Council of the Shire of Mundaring

Delegate Australia Day Citizenship Awards Committee

Statutory power to sub-delegate

Nil

Sub-delegated to Nil

Compliance links Nil

Conditions Nil

Shire of Mundaring Delegations Register Adopted …………………………. 2017

Page 56 of 56

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C124 APRIL 2017

10.6 WALGA Honours Program Nominations 2017

File Code GV.CLR 1 Author Danielle Courtin, Governance Coordinator Senior Employee Jonathan Throssell, Chief Executive Officer Disclosure of Any Interest

N/A

RECOMMENDATION That Council considers nominations for this year’s WALGA Honours program.

The Presiding Person advised that this Item is withdrawn.

Next Report

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C125 APRIL 2017

ATTACHMENT 8

Item 10.6

6 pages

Please note that this item and attachment has been withdrawn

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C126 APRIL 2017

10.7 List of Payments made during February 2017

File Code FI.RPT 1 Authors Mia Miller, Finance Officer (Accounts Payable) Senior Employee Paul O’Connor, Director Corporate Services Disclosure of Any Interest

Nil

SUMMARY A list of accounts paid from the Municipal Fund or Trust Fund under the Chief Executive Officer’s delegated authority for the month of February 2017 is presented to Council to note. BACKGROUND Council has delegated to the Chief Executive Officer (CEO) the exercise of its power to make payments from the Shire’s Municipal and Trust Funds. In accordance with Regulation 13 of the Local Government (Financial Management) Regulations 1996, a list of accounts paid is to be presented to Council and be recorded in the minutes of the meeting at which the list was presented. STATUTORY / LEGAL IMPLICATIONS Regulation 13 of the Local Government (Financial Management) Regulations 1996 states – (1) If the local government has delegated to the CEO the exercise of its power

to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared –

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

(3) A list prepared under sub regulation (1) or (2) is to be –

(a) presented to council at the next ordinary meeting of the council after the list is prepared; and

(b) recorded in the minutes of that meeting

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C127 APRIL 2017

POLICY IMPLICATIONS FI-01 Corporate Purchasing Card FINANCIAL IMPLICATIONS All payments have been made in accordance with the approved budget and provides for the effective and timely payment of the Shire’s contractors and other creditors. STRATEGIC IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Expenditure has been incurred in accordance with budget parameters, which have been structured on financial viability and sustainability principles. RISK IMPLICATIONS In accordance with section 6.8 of the Local Government Act 1995, a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorised by an absolute majority of Council. EXTERNAL CONSULTATION Nil COMMENT Nil

VOTING REQUIREMENT Simple Majority COUNCIL DECISION C10.04.17 RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Bertola

That Council notes the list of payments made during February 2017 included as ATTACHMENT 9 and ATTACHMENT 10. CARRIED 9/0

For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Fox, Cr Cook, Cr Bertola, Cr Jeans, Cr Lavell Against: Nil

Next Report

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C128 APRIL 2017

Attachment 9

Report 10.7

2 pages

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C129 APRIL 2017

PAYMENTS BETWEEN MEETINGS In compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996 (as amended) a list of accounts paid since the last such list was prepared is to be presented to the next Ordinary Meeting of Council and included in the minutes of that meeting.

CERTIFICATION

The attached schedule of accounts paid is for the period made during February 2017 totalling $4,228,005.40 be received by Council covers:

• Municipal Cheques 200036 - 200054; • Electronic Funds Transfer (Payroll, Purchase Cards, Fleetcare payments etc); and • Trust Fund Vouchers 400046 – 400064

has been checked and is fully supported by vouchers and invoices which are submitted herewith and which have been duly certified as to the receipt of goods and the rendition of services as to prices, computations, costings, and amounts due for payment. Cheques have been signed in accordance with Council resolution R23120 and Instrument of Delegation - Reference: CE - 1 of the Delegations of Authority Register dated 22 July 1997.

Under Section 5.46 (3) of the Local Government Act and Regulation 19 of the Local Government (Administration) Regulations, this record of the Exercise of Delegated Authority is registered.

DIRECTOR CORPORATE SERVICES

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C130 APRIL 2017

Schedule of Accounts: Amounts Total $ $

MUNICIPAL ACCOUNT

MUNICIPAL CHEQUE PAYMENTS (Schedule 1 - Page 2) 56,439.32 EFT PAYMENTS (Schedule 2 - Page 32) 3,143,167.75 EFT PAYROLL PAYMENTS (Schedule 2 - Page 33) 914,889.30 NATIONAL AUSTRALIA BANK (NAB PURCHASE CARD) (Schedule 2 – Total - Page 34); and (Schedule 3 – Details - Pages 1-8)

55,266.41

FER LODGEMENT FEES (Schedule 2 - Page 34) 174.00 FLEETCARE PAYMENTS (Schedule 2 - Page 34) 3,725.47 COMMONWEALTH BANK BPOINT FEES (Schedule 2 - Page 34)

3,225.60

WESTPAC BANK FEES (Schedule 2 - Page 34) 711.36 WESTPAC BANK FEES TRUST (Schedule 2 - Page 34) 0.96 BENDIGO BANK FEES (Schedule 2 - Page 34) 5,743.22 HP FINANCIAL SERVICES (Schedule 2 - Page 34) 15,950.00 KONICA MINOLTA – EQUIPMENT LEASE (Schedule 2 - Page 34)

2,849.07

ATTORNEY GENERAL (Schedule 2 - Page 34) 4,125.60 PUMA FUEL (Schedule 2 – Page 34) 208.84 TOTAL MUNICIPAL ACCOUNT $4,206,476.90

TRUST ACCOUNT (Schedule 3 – Page 33) $21,528.50 RESERVE ACCOUNT Nil TOTAL ALL SCHEDULES $4,228,005.40

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C131 APRIL 2017

Attachment 10

Report 10.7

42 pages

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C174 APRIL 2017

10.8 Statement of Financial Activity – February 2017

File Code:

FI.RPT 2

Author Stanislav Kocian, Manager Finance & Governance Senior Employee Paul O’Connor, Director Corporate Services Disclosure of Any Interest Nil

SUMMARY The monthly financial statements disclose the Shire’s financial position as at 28 February 2017. The closing budget position as at 28 February 2017 is a surplus of $18,132,901 compared to a budget year to date surplus of $9,463,072 and year end surplus of $1,439,706 as per the original budget adopted by Council (DSC5.07.16). BACKGROUND The monthly financial report is presented in accordance with the Local Government Act 1995 and the Local Government (Financial Management) Regulations 1996. A statement of financial activity and any accompanying documents are to be presented to the Council at an ordinary meeting of the Council within two months after the end of the month to which the statement relates. The Statement of Financial Activity Report summarises the Shire’s operating activities and non-operating activities. STATUTORY / LEGAL IMPLICATIONS Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 requires a local government to prepare each month a statement of financial activity. Regulation 34(2) requires the statement of financial activity to report on the sources and applications of funds, as set out in the annual budget. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Financial implications are in accordance with the approved reporting material variances (C20.06.16) of:

• (+) or (-) $50,000 or 10%, whichever is the greater for Revenue; and • (+) or (-) $100,000 or 10%, whichever is the greater for Expenses

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C175 APRIL 2017

within the monthly Statement of Financial Activity during the 2016/17 financial year. STRATEGIC IMPLICATIONS Supports Strategic Community Plan 2026: • Strategic Theme 1.1.1 - Prudently consider resource allocation SUSTAINABILITY IMPLICATIONS: Nil

RISK IMPLICATIONS The monthly financial report tracks the Shire’s actual financial performance against its budgeted financial performance to ensure that the Council is able to monitor to Shire’s financial performance throughout the financial year. EXTERNAL CONSULTATION Nil COMMENT A number of reports to this item are as follows (Refer ATTACHMENT 11):

• Statement of Financial Activity (based on the Rate Setting Statement adopted in the annual budget) for the period ending 28 February 2017

• The closing budget position for the period ending 28 February 2017 and

comparison to the year to date budget and same period last year • Year to date comparison to budget for operating revenue, operating

expenses and capital expenses • An explanation of the material variances in the Statement of Financial Activity

• Directorate Financial Reports for the period ending 28 February 2017

• Summary of Cash Investments with financial institutions as at 28 February

2017. In relation to the material variances timing differences are due to the monthly spread of the budget cash flow variances. That is, revenue and expenses are estimated over a twelve month period and actual receipt and expenditure of funds may not occur in the month estimated. This will result in some revenue and expenses being recognised in different periods, i.e. timing differences originate in one period and reverse or "turn around" in one or more subsequent periods. Timing differences will not result in a forecast adjustment as the expenditure or revenue item will still be captured in the financial year in question. Where the material variance is flagged as “permanent” this indicates that a forecast adjustment to the annual budget is required or has been made.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C176 APRIL 2017

The Shire has a surplus of $18,132,901 as at 28 February 2017, compared to the year to date budget of $9,463,072. The cash balance in the Municipal Fund is $15,770,609. The total cash balance of the Reserve Funds is $23,459,711.

VOTING REQUIREMENT Simple Majority

COUNCIL DECISION C11.04.17 RECOMMENDATION Moved by: Cr Clark Seconded by: Cr Bertola

That Council notes -

1. the closing position of the Shire for the period ending 28 February 2017 is a surplus of $18,132,901 compared to the year to date budgeted surplus of $9,463,072; and

2. the explanation of material variances in the Statement of Financial Activity contained in ATTACHMENT 11. CARRIED 9/0

For: Cr Martin, Cr Clark, Cr Fisher, Cr Daw, Cr Fox, Cr Cook, Cr Bertola, Cr Jeans, Cr Lavell Against: Nil

Next Report

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C177 APRIL 2017

ATTACHMENT 11

Item 10.8

14 pages

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C178 APRIL 2017

Shire of MundaringStatement of Financial Activity

for period ending 28 February 20172016/17 2016/17 2016/17 YTD YTD

YTD Budget YTD Actuals BUDGET Variance Variance$ $ $ $ %

Opening Funding Surplus/(Deficit) 3,298,762 6,144,334 3,298,762

Revenue from operating activities General Purpose Funding - Rates 26,347,031 25,501,769 26,259,031 (845,262) -3.2% General Purpose Funding - Other 2,827,718 2,476,677 3,913,152 (351,041) -12.4% Governance 67,672 273,847 91,500 206,175 304.7% Law, Order & Public Safety 318,136 402,644 477,200 84,508 26.6% Health 37,128 51,461 55,700 14,333 38.6% Education & Welfare 3,035,081 3,343,810 4,541,318 308,729 10.2% Community Amenities 7,598,905 7,685,100 7,744,284 86,195 1.1% Recreation and Culture 798,975 891,063 1,169,180 92,088 11.5% Transport 34,496 105,225 203,000 70,729 205.0% Economic Services 215,125 196,271 298,625 (18,854) -8.8% Other Property and Services 1,253,912 1,149,931 1,874,868 (103,981) -8.3%Total 42,534,179 42,077,798 46,627,858

Expenditure from operating activities General Purpose Funding (446,672) (440,800) (655,034) (5,872) 1.3% Governance (4,255,775) (3,234,680) (5,907,314) (1,021,095) 24.0% Law, Order & Public Safety (1,618,868) (1,601,550) (2,394,299) (17,318) 1.1% Health (532,450) (393,930) (785,579) (138,520) 26.0% Education & Welfare (4,947,421) (4,796,501) (7,226,524) (150,920) 3.1% Community Amenities (6,332,140) (5,644,642) (9,489,766) (687,498) 10.9% Recreation and Culture (7,118,208) (6,919,806) (10,896,911) (198,402) 2.8% Transport (6,205,305) (6,527,523) (9,607,430) 322,218 -5.2% Economic Services (536,327) (519,289) (796,591) (17,038) 3.2% Other Property and Services (2,172,922) (1,532,133) (3,075,010) (640,789) 29.5%Total (34,166,088) (31,610,853) (50,834,458)

Operating activities excluded from rate settingDepreciation on Assets 4,974,928 4,794,879 7,462,491 180,049 3.6%(Profit)/Loss on Disposal of Assets 76,168 107,286 114,255 (31,118) -40.9%Deferred Rates Adjustment 0 23,439 - (23,439) 0.0%Amount attributable to operating activities 13,419,187 15,392,549 3,370,146

Investing ActivitiesProceeds from Disposal of Assets 511,831 338,026 517,846 (173,805) -34.0%Grants and Contributions 2,470,210 2,444,624 4,920,919 (25,587) -1.0%Purchase Property, Plant & Equipment (12,821,095) (5,252,877) (16,753,361) (7,568,218) 59.0%Purchase Infrastructure (3,261,136) (3,715,352) (6,427,670) 454,216 -13.9%Amount attributable to investing activities (13,100,190) (6,185,580) (17,742,266)

Financing ActvitiesProceeds from New Debentures - - - - 0.0%Repayment of Debentures (351,344) (363,973) (527,018) 12,629 -3.6%Transfers from Reserves 6,795,985 3,424,605 15,258,082 (3,371,380) -49.6%Transfers to Reserves (599,328) (279,035) (2,218,000) (320,293) 53.4%Amount attributable to financing activities 5,845,313 2,781,597 12,513,064

Closing Funding Surplus/(Deficit) 9,463,072 18,132,901 1,439,706

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C179 APRIL 2017

CURRENT ASSETS

Rates & Sanitation Debtors 2,744,901 6,678,871Debtors 7,485,971 545,767

TOTAL RECEIVABLES - CURRENT 10,230,872 7,224,637

STOCK ON HAND 224,044 89,488

CASH ASSETS

Municipal 20,805,784 15,770,609Restricted Cash 12,519,075 23,459,711Total Bank Accounts 33,324,859 39,230,320

TOTAL CURRENT ASSETS 43,779,774 46,544,445

CURRENT LIABILITIESCreditors (1,554,761) (1,758,285)Borrowings - Current Portion (213,366) (550,311)Provisions (2,982,916) (3,193,548)

(4,751,042) (5,502,144)NET CURRENT ASSETS 39,028,732 41,042,301

Less Reserve Funds (12,519,075) (23,459,711)Less Land Held for Resale (116,195) 0Add Current Loan Liability 213,366 550,311

CLOSING BUDGET SURPLUS/(DEFICIT) 26,606,828 18,132,901

Actual 28 February 2017 Actual 29 February 2016

NET CURRENT ASSETS- BUDGET SURPLUS/(DEFICIT)

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C180 APRIL 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C181 APRIL 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C182 APRIL 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C183 APRIL 2017

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C184 APRIL 2017

Explanation of Material Variances

The material variance thresholds are adopted annually by Council as an indicator of whether the actual expenditure or revenue varies from the year to date budget materially.The material variance for revenue adopted by Council for the 2016/17 year is $50,000 or 10% whichever is the greater.The material variance for expenses adopted by Council for the 2016/17 year is $100,000 or 10% whichever is the greater.

Reporting Program Var. $ Var. % Timing/ Permanent Explanation of Variance

Revenue from operating activities General Purpose Funding -Rates (845,262) (3%) Timing Impact of rates of $876,734.79 received in

advance as at 30/6/2016. Impact will self adjust 30/6/2017.

General Purpose Funding - Other (351,041) (12%) Permanent Timing difference of $246,248 for interest on investments - will adjust as investments mature and interest earned is accounted for. Permanent - General Purpose Grant allocation for 2016/17 has been reduced by $220,000. Forecast adjusted in the mid-year budget review.

Governance 206,175 305% PermanentAn unbudgeted refund of $128,007 received from Local Government Insurance Services (LGIS). This was a performance adjustment and relates to Workers Compensation premiums paid in 2013/14 and 2014/15. The Shire receiving a $54,447 performance rebate in additional to a member’s dividend of $16,054 from LGIS. The budget allowed for a members dividend of $20,000. Forecast adjusted in mid-year budget review.

Law, Order & Public Safety 84,508 27% Timing Income from animal registrations and infringements is $99,669 greater than YTD budget. Year end forecast has been increased by $63,561.

Health 14,333 39% Timing YTD actual Health fees and charges income of $55,611 greater than YTD budget of $37,128.

Education & Welfare 308,729 10% Timing Family Day Care subsidy income greater than YTD budget - impact $395,201.

Community Amenities 86,195 1% Permanent Waste charges income is greater than YTD budget by $67,807. Forecast has been adjusted by $25,001.

Recreation and Culture 92,088 12% Timing YTD income for Bilgoman Pool is $33,511 greater than YTD Budget. YTD Income from Mt Helena Pool is $28,195 greater than YTD budget. YTD Income from Lake Leschenaultia is $16,653 greater than YTD budget.

Transport 70,729 205% Permanent Reimbursement of staff wages for 2 staff members seconded to assist with Yarloop fire clean-up. Reimbursement not included in budget. Impact - $112,926. Year end forecast adjusted accordingly.

Economic Services (18,854) (9%) Within Variance threshold Other Property and Services (103,981) (8%) Timing Plant Recovery Income $106,465 less than

YTD budget.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C185 APRIL 2017

Expenditure from operating activities General Purpose Funding (5,872) 1% Within Variance threshold Governance (1,021,095) 24% Permanent IT expenses less than YTD budget -

impact $428,307. No permanent savings identified. Loan interest repayments for Boya Community Oval have been reallocated from Governance to Recreation and Culture. Forecast adjustment of $334,363 in the mid-year budget review.

Law, Order & Public Safety (17,318) 1% Within Variance threshold Health (138,520) 26% Timing Various expenses less than YTD budget. Education & Welfare (150,920) 3% Timing Impact of closure of ISA program. Costs

allowed for in 2016/17 budget, however costs were incurred in June 2016 . Forecast has been adjusted.

Community Amenities (687,498) 11% Permanent Waste Management Operating Costs $470,523 less than YTD budget. Forecast reduced by $200,000 in mid-year budget review.

Recreation and Culture (198,402) 3% Timing YTD Operating Costs for Bilgoman Pool $61,145 less than YTD Budget. End of year forecast reduced by $34,217. YTD Operating costs for Lake Leschenaultia $58,011 less than YTD Budget. YTD Operating Costs for AFM Library are $46,853 less than YTD Budget. YTD Operating Costs for Mundaring Indoor Stadium are $25,000 less than YTD Budget.

Transport 322,218 (5%) Permanent Gravel Road Resheeting YTD budget of $36,296 compared to YTD actual of $82,842 - year end forecast increased by $30,000 (original budget $54,450). Street Sweeping YTD budget of $159,728 compared to YTD actual of $230,322 - end of year forecast increased by $50,000 (original budget $239,600). Kerb Maintenance YTD budget of $47,712 compared to YTD actual of $88,476 - year end forecast increased by $20,000 (original budget $71,545). Drainage maintenance YTD budget of $208,864 compared to YTD actual of $373,879 - year end forecast increased by $100,000 (original budget $313,295).

Economic Services (17,038) 3% Within Variance threshold Other Property and Services (640,789) 29% Timing Pre-allocation of $363,627 in infrastructure

overheads.

Operating activities excluded from rate setting

Depreciation on Assets 180,049 4% Permanent

Depreciation on plant, furniture and equipment is $159,487 less than YTD budget. Impact of revised Fair Value (valuation decrement) as at 30 June 2016 for these assets.

(Profit)/Loss on Disposal of Assets (31,118) (41%) TimingYTD losses on disposal of assets greater than YTD budget.

Investing ActivitiesProceeds from Disposal of Assets (173,805) (34%) Timing YTD actuals for Trade-in income for plant

and vehicle replacements is less than YTD budgets

Grants and Contributions (25,587) (1%) Timing Within Variance thresholdPurchase Property, Plant & Equipment (7,568,218) 59% Timing Mundaring Recreation Centre - YTD actual

is $6,417,408 less than YTD budget. Harry Riseborough Change Rooms - $206,578 less than YTD Budget. Vehicle and Plant Replacement program - $730,458 less than YTD Budget.

Purchase Infrastructure 454,216 (14%) Timing Impact of works carried over from previous financial year. As per mid-year budget review.

Financing ActvitiesRepayment of Debentures 12,629 (4%) Within Variance thresholdTransfers from Reserves (3,371,380) (50%) Timing Majority of transfers from reserves to

occur at year end.Transfers to Reserves (320,293) 53% Timing Majority of transfers to reserves to occur

at year end.

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C186 APRIL 2017

Shire of Mundaring Directorate Summary Report for the year to date 28 February 2017

YTD Actual YTD Budget YTD Variance $Current year

Budget

Forecast Change

(Variance)End of year

Forecast

Strategic & Community ServicesRevenue $4,897,150 $4,394,993 $502,157 $6,430,731 $340,074 $6,770,805Expenditure ($9,315,932) ($9,742,873) $426,941 ($14,231,166) $89,603 ($14,141,563)Total ($4,418,782) ($5,347,880) $929,098 ($7,800,435) $429,677 ($7,370,758)

Office of Chief Executive & Corporate ServicesRevenue $28,048,561 $29,218,507 ($1,169,946) $31,756,396 $898,377 $32,654,773Expenditure ($5,103,052) ($6,117,500) $1,014,448 ($10,342,756) ($749,217) ($11,091,973)Total $22,945,509 $23,101,007 ($155,498) $21,413,640 $149,160 $21,562,800

Infrastructure ServicesRevenue $14,361,059 $17,899,996 ($3,538,937) $27,981,339 $1,101,161 $29,082,500Expenditure ($23,641,369) ($31,835,003) $8,193,634 ($46,879,118) ($2,436,067) ($49,315,185)Total ($9,280,310) ($13,935,007) $4,654,697 ($18,897,779) ($1,334,906) ($20,232,685)

Statutory ServicesRevenue $978,283 $798,709 $179,574 $1,173,984 ($91,489) $1,082,495Expenditure ($3,161,736) ($3,503,607) $341,871 ($5,193,212) $17,807 ($5,175,405)Total ($2,183,454) ($2,704,898) $521,443 ($4,019,228) ($73,682) ($4,092,910)

Total Shire of MundaringRevenue $48,285,053 $52,312,205 ($4,027,152) $67,342,450 $2,248,123 $69,590,573Expenditure ($41,222,090) ($51,198,983) $9,976,893 ($76,646,252) ($3,077,874) ($79,724,126)Net Income $7,062,963 $1,113,222 $5,949,741 ($9,303,802) ($829,751) ($10,133,553)

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C187 APRIL 2017

Shire of MundaringStrategic and Community Services

Period ending 28 February 2017

Responsible Officer YTD ActualsYTD Budgets

Y T D Variance

Current Year Budget

Budget Adjustment Forecast

ExpenditureAFM Branch Librarian (480,046) (525,661) 45,615 (780,126) 2,089 (778,037)Bilgoman Aquatic Centre Manager (786,592) (843,415) 56,823 (1,195,603) 25,054 (1,170,549)Brown Park Manager (316,568) (317,824) 1,256 (473,360) (1,917) (475,277)Community Facilities Coordinator (659,748) (677,216) 17,468 (1,015,855) 21,000 (994,855)Community Playgroups (93,701) (100,184) 6,483 (150,272) 322 (149,950)Coordinator Lake Leschenaultia (466,240) (520,986) 54,746 (732,267) (32,517) (764,784)Director Strategic & Community Services (898,614) (1,033,852) 135,238 (1,526,573) 102,286 (1,424,287)Eastern Region Family Day Care Scheme (1,342,128) (922,846) (419,282) (1,379,505) (47) (1,379,552)Indigenous Advancement Strategy - CSS (148,429) (200,670) 52,241 (291,300) 1,000 (290,300)KSP Branch Librarian (536,522) (550,674) 14,152 (817,948) (100,743) (918,691)Manager Libraries & Community Engagement (843,856) (843,854) (2) (1,268,940) 23,741 (1,245,199)Manager Recreation and Leisure Services (551,152) (601,899) 50,747 (889,826) 1,480 (888,346)Maternal & Infant Health (24,888) (24,888) 0 (37,332) 0 (37,332)Midvale Early Childhood & Parenting Centre (1,300,806) (1,150,130) (150,676) (1,703,882) (179,302) (1,883,184)Midvale HUB Parenting Services 0 (241,200) 241,200 (241,200) 240,000 (1,200)Midvale Playgroup & Toy Library 0 (591) 591 (591) 591 0Mt Helena Aquatic & Recreation Centre Manager (256,729) (240,274) (16,455) (335,161) (10,289) (345,450)Swan Child and Parent Centre - Middle Swan (231,938) (338,173) 106,235 (502,693) (24) (502,717)Swan Children and Family Centre - Clayton View (335,769) (569,436) 233,667 (849,632) (37) (849,669)Toy Library Coordinator (42,206) (39,100) (3,106) (39,100) (3,084) (42,184)Expenditure Total (9,315,932) (9,742,873) 426,941 (14,231,166) 89,603 (14,141,563)

RevenueAFM Branch Librarian 17,621 11,296 6,325 16,950 7,377 24,327Bilgoman Aquatic Centre Manager 326,166 298,400 27,766 417,760 (20,000) 397,760Brown Park Manager 67,060 61,264 5,796 91,900 0 91,900Community Facilities Coordinator 83,093 84,880 (1,787) 127,300 (4,000) 123,300Coordinator Lake Leschenaultia 256,653 240,000 16,653 360,000 2,000 362,000Eastern Region Family Day Care Scheme 1,323,309 943,320 379,989 1,415,000 20,939 1,435,939Indigenous Advancement Strategy - CSS 225,000 200,000 25,000 300,000 0 300,000KSP Branch Librarian 9,133 10,408 (1,275) 15,613 0 15,613Manager Libraries & Community Engagement 114,362 88,481 25,881 121,388 16,075 137,463Manager Recreation and Leisure Services 102,632 63,192 39,440 94,800 50,604 145,404Midvale Early Childhood & Parenting Centre 1,584,570 1,160,864 423,706 1,741,300 505,169 2,246,469Midvale HUB Parenting Services 0 241,200 (241,200) 241,200 (241,200) 0Mt Helena Aquatic & Recreation Centre Manager 71,734 43,136 28,598 64,690 0 64,690Swan Child and Parent Centre - Middle Swan 460,656 363,152 97,504 544,730 0 544,730Swan Children and Family Centre - Clayton View 252,052 585,400 (333,348) 878,100 0 878,100Toy Library Coordinator 3,110 0 3,110 0 3,110 3,110Revenue Total 4,897,150 4,394,993 502,157 6,430,731 340,074 6,770,805

Net Income (4,418,782) (5,347,880) 929,098 (7,800,435) 429,677 (7,370,758)

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C188 APRIL 2017

Shire of MundaringOffice of Chief Executive and Corporate Services

Period ending 28 February 2017

Responsible Officer YTD Actuals YTD Budgets Y T D VarianceCurrent Year Budget

Budget Adjustment Forecast

ExpenditureAllocations Office Vehicles (208,865) (215,048) 6,183 (322,545) 0 (322,545)Allocations Ranger Vehicles (52,195) (49,168) (3,027) (73,750) 0 (73,750)Chief Executive Officer (310,469) (345,995) 35,526 (512,136) 12,966 (499,170)Director Corporate Services (386,336) (763,148) 376,812 (1,628,901) (1,000,017) (2,628,918)Governance and Risk (37,469) (22,047) (15,422) (33,055) (17,062) (50,117)Human Resource Manager (341,832) (428,133) 86,301 (631,389) 34,450 (596,939)Manager Finance and Governance (2,675,158) (2,774,926) 99,768 (4,870,527) 279,633 (4,590,894)Manager Information Systems (1,090,728) (1,519,035) 428,307 (2,270,453) (59,187) (2,329,640)Expenditure Total (5,103,052) (6,117,500) 1,014,448 (10,342,756) (749,217) (11,091,973)

RevenueAllocations Office Vehicles 261,060 264,192 (3,132) 396,295 0 396,295Chief Executive Officer 23,847 0 23,847 0 33,782 33,782Director Corporate Services 1,680,116 2,133,404 (453,288) 3,663,080 780,000 4,443,080Governance and Risk 212,708 24,672 188,036 27,000 192,708 219,708Human Resource Manager 13,515 0 13,515 0 12,380 12,380Manager Finance and Governance 25,964,601 26,872,407 (907,806) 27,574,276 36,402 27,610,678Manager Information Systems 0 0 0 210,000 43,105 253,105Profit and Loss on sale of Assets (107,286) (76,168) (31,118) (114,255) (200,000) (314,255)Revenue Total 28,048,561 29,218,507 (1,169,946) 31,756,396 898,377 32,654,773

Net Income 22,945,509 23,101,007 (155,498) 21,413,640 149,160 21,562,800

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C189 APRIL 2017

Shire of MundaringInfrastructure Services

Period ending 28 February 2017

Responsible Officer YTD Actuals YTD BudgetsYTD Variance

Current Year Budget

Budget Adjustment Forecast

ExpenditureConstruction Supervisor (1,181,370) (688,500) (492,870) (3,506,685) (660,700) (4,167,385)Coordinator Civil Works (1,804,849) (1,947,608) 142,759 (1,128,967) (633,000) (1,761,967)Coordinator Parks Services (2,929,886) (2,744,353) (185,533) (4,241,552) (628,950) (4,870,502)Coordinator Plant and Depot Services (1,779,172) (2,688,699) 909,527 (3,158,468) (36,412) (3,194,880)Director Infrastructure Services (3,017,739) (3,034,316) 16,577 (4,556,429) (34,429) (4,590,858)Engineering Technical Officer - Civil (422,330) (428,492) 6,162 (806,500) (30,000) (836,500)Maintenance Supervisor (1,632,996) (1,308,232) (324,764) (1,962,350) (200,000) (2,162,350)Manager Building Assets (5,725,989) (12,610,375) 6,884,386 (17,140,271) (345,719) (17,485,990)Manager Design Service 437,170 74,857 362,313 114,623 59 114,682Manager Operations Service (734,684) (967,489) 232,805 (1,426,930) 93,084 (1,333,846)Supervisor Environment and Horticulture (124,274) (117,712) (6,562) (266,480) (90,000) (356,480)Waste & Recycling Coordinator (4,319,660) (4,805,680) 486,020 (7,208,561) 170,000 (7,038,561)Works Supervisor (405,591) (568,404) 162,813 (1,590,548) (40,000) (1,630,548)Expenditure Total (23,641,369) (31,835,003) 8,193,634 (46,879,118) (2,436,067) (49,315,185)

RevenueCoordinator Civil Works 93,349 0 93,349 0 93,349 93,349Coordinator Parks Services 14,766 48,000 (33,234) 72,000 136,750 208,750Coordinator Plant and Depot Services 852,737 1,133,007 (280,270) 2,415,109 66,540 2,481,649Director Infrastructure Services 1,903,490 8,050,052 (6,146,562) 15,295,366 329,063 15,624,429Engineering Technical Officer - Civil 26,211 5,328 20,883 45,000 3,250 48,250Maintenance Supervisor 1,427 664 763 1,000 0 1,000Manager Building Assets 3,965,658 1,125,000 2,840,658 2,500,000 500,000 3,000,000Manager Design Service 26,209 0 26,209 0 26,208 26,208Manager Operations Service 37,452 165,992 (128,540) 249,000 (89,000) 160,000Waste & Recycling Coordinator 7,439,760 7,371,953 67,807 7,403,864 35,001 7,438,865Revenue Total 14,361,059 17,899,996 (3,538,937) 27,981,339 1,101,161 29,082,500

Net Income (9,280,310) (13,935,007) 4,654,697 (18,897,779) (1,334,906) (20,232,685)

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C190 APRIL 2017

Shire of MundaringStatutory Services

Period ending 28 February 2017

Responsible Officer YTD ActualsYTD Budgets

YTD Variance

Current Year Budget

Budget Adjustment Forecast

ExpenditureCoordinator Environment and Sustainability (262,353) (436,213) 173,861 (648,636) (86,643) (735,279)Director Statutory Services (90,767) (91,442) 675 (135,417) (1,485) (136,902)Manager Building & Health Service (670,963) (791,280) 120,317 (1,174,565) (3,370) (1,177,935)Manager Community Safety & Emergency Management (1,480,403) (1,467,120) (13,283) (2,169,040) 94,205 (2,074,835)Manager Planning (657,251) (717,552) 60,301 (1,065,554) 15,100 (1,050,454)Expenditure Total (3,161,736) (3,503,607) 341,871 (5,193,212) 17,807 (5,175,405)

RevenueCoordinator Environment and Sustainability 17,455 2,624 14,831 3,934 (14,421) (10,487)Manager Building & Health Service 270,344 258,581 11,763 363,816 12,493 376,309Manager Community Safety & Emergency Management 425,914 317,024 108,890 475,527 (66,561) 408,966Manager Planning 264,571 220,480 44,091 330,707 (23,000) 307,707Revenue Total 978,283 798,709 179,574 1,173,984 (91,489) 1,082,495

Net Income (2,183,454) (2,704,898) 521,444 (4,019,228) (73,682) (4,092,910)

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C191 APRIL 2017

Amount Invested Interest Rate

Period of Investment

Investment Date Maturity Date

Unrestricted Use Funds

1 Bendigo Investment Account (on Call) $7,266,173 1.40% N/A N/A N/A

129 NAB $2,526,918 2.60% 182 days 20-Feb-17 21-Aug-17

130 Westpac $2,516,704 2.65% 121 days 23-Dec-16 23-Apr-17

131 AMP $3,026,573 2.80% 182 days 23-Jan-17 24-Jul-17

Total $15,336,368

2 Bendigo Investment Account (on Call) 6,724,793 1.30% N/A N/A N/A

60A Bendigo 1,381,657 2.90% 365 days 22-Sep-16 22-Sep-17

107 ANZ 2,362,655 2.40% 181 days 28-Jan-17 28-Jul-17108 ANZ 1,762,459 2.62% 181 days 16-Jan-17 16-Jul-17126 BankWest 3,068,094 2.55% 150 days 24-Jan-17 23-Jun-17127 NAB 3,542,432 2.80% 364 days 14-Oct-16 13-Oct-17128 Westpac 4,575,064 2.64% 121 days 19-Dec-16 19-Apr-17

Total 23,417,152

$38,753,520

Road Construction/POS Funds

3 Bendigo Investment Account (on Call) $1,488,420 1.30% N/A N/A N/A

58 BankWest $1,420,291 2.60% 181 days 31-Jan-17 31-Jul-17

98 BankWest $1,231,614 2.55% 183 days 28-Nov-16 30-May-17

99 BankWest $1,234,221 2.55% 63 days 3-Jan-17 7-Mar-17

$5,374,546

SHIRE OF MUNDARING

TRUST FUNDS

TOTAL TRUST INVESTMENT

TOTAL MUNI / RESERVE INVESTMENT

INVESTMENT SUMMARY as at 28 February 2017

MUNICIPAL FUNDS

RESERVE FUNDS

11.04.2017 COUNCIL MEETING UNCONFIRMED MINUTES

C192 APRIL 2017

11.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

12.0 URGENT BUSINESS (LATE REPORTS)

Nil 13.0 CONFIDENTIAL REPORTS Nil 14.0 CLOSING PROCEDURES 14.1 Date, Time and Place of the Next Meeting

The next Ordinary Council meeting will be held on Tuesday, 9 May 2017 at 6.30pm in the Council Chamber.

14.2 Closure of the Meeting The Presiding Person declared the meeting closed at 7.50pm.