Minutes 15-12-10 - Shire of Shark Bay

Shire of Shark Bay 

ORDINARY COUNCIL MINUTES – 15 DECEMBER 2010 1 

Council Meeting 

Minutes 

15 DECEMBER 2010


DISCLAIMER 

No responsibility whatsoever is implied or accepted by the Shire of Shark Bay for 

any act, omission or statement or intimation occurring during Council/Committee 

meetings or during formal/informal conversations with Council members or staff. 

The Shire of Shark Bay disclaims any liability for any loss whatsoever and 

howsoever caused arising out of reliance by any person or legal entity on any such 

act, omission or statement or intimation occurring during Council/Committee 

meetings or discussions. Any person or legal entity who acts or fails to act in 

reliance upon any statement, act or omission does so at that person’s or legal 

entity’s own risk. 

In particular and without derogating in any way from the broad disclaimer above, in 

any discussion regarding any planning application or application for a licence, any 

statement or intimation of approval made by a member or officer of the Shire of 

Shark Bay during the course of any meeting is not intended to be an is not to be 

taken as notice of approval from the Shire of Shark Bay. 

The Shire of Shark Bay advises that no action should be taken on any application or 

item discussed at a Council meeting and should only rely on WRITTEN ADVICE 

of the outcome and any conditions attaching to the decision made by the Shire of 

Shark Bay.


Minutes of the Ordinary meeting of the Shire Bay Shire Council held in the Council Chamber 

Denham on 15 December 2010 commencing at 9.00am. 

1.0 DECLARATION OF OPENING 4 

2.0 RECORD OF ATTENDANCES / APOLOGIES / LEAVE GRANTED 4 

3.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS ON NOTICE 4 

4.0 PUBLIC QUESTION TIME 4 

5.0 

5.1 

APPLICATIONS FOR LEAVE 

APPLICATION FOR LEAVE OF ABSENCE – COUNCILLOR RIDGLEY 

5 

5 

6.0 PETITIONS 6 

7.0 

7.1 

6 

6 

7.2 

CONFIRMATION OF MINUTES 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD 

ON 24 NOVEMBER 2010 

CONFIRMATION OF THE MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON 

22 NOVEMBER 2010 

8.0 ANNOUNCEMENTS BY THE CHAIR 7 

9.0 PRESIDENT'S REPORT 7 

10.0 COUNCILLOR'S REPORTS 8 

11.0 

11.1 

11.2 

11.3 

12.0 





13.0 

13.1 

13.2 

13.3 

13.4 

13.5 

ADMINISTRATION REPORT 

ORDINARY ELECTIONS 15 OCTOBER 2011 

FUTURE DIRECTION HAMELIN POOL COMMON 

AGENDA AND COUNCIL MEETING DATES 2011 

FINANCE REPORT 

SCHEDULE OF ACCOUNTS PAID TO BE RECEIVED 

FINANCIAL REPORTS TO 30 NOVEMBER 2010 

PURCHASING AUTHORISATIONS 

SHARK BAY SKIP BINS REFUSE SITE CHARGES 

TOWN PLANNING REPORT 

DEVELOPMENT APPLICATION 20/2010 – WATER CORPORATION 

INFRASTRUCTURE 

DEVELOPMENT APPLICATION 21/2010 – TELECOMMUNICATIONS FACILITY 

DEVELOPMENT APPLICATION 17/2010 – OUTBUILDING SIZE, HEIGHT AND FLOOR 

LEVEL VARIATIONS 

DEVELOPMENT APPLICATION 19/2010 – HELICOPTER TOURS FROM EDEL 

LOCATION 110 – OCEAN PARK 

THE ACQUISITION OF UNALLOCATED CROWN LAND FOR EMERGENCY SERVICE 

ORGANISATIONS 

14.0 

14.1 

TOURISM, RECREATION AND CULTURE REPORT 

SHARK BAY WORLD HERITAGE DISCOVERY & VISITOR CENTRE FORECOURT 

77 

77 


16.0 

16.1 

16.2 

16.3 

16.4 

MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 

URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION 

BUTCHERS TRACK FENCE LINE 

SOLAR PANELS / BUILDING LICENCE APPROVAL 

CHIEF EXECUTIVE OFFICERS PERFORMANCE INDICATORS 

FORWARD CAPITAL WORKS PLAN 

78 

78 

78 

81 

83 

99 

17.0 MATTERS BEHIND CLOSED DOORS 116 

18.0 DATE AND TIME OF NEXT MEETING 116 

19.0 CLOSURE OF MEETING 116 

7 

11 

11 

15 

21 

23 

23 

30 

31 

33 

36 

36 

48 

41 

72 

45


1.0 DECLARATION OF OPENING 

The President declared the meeting open at 9.01am. 

2.0 RECORD OF ATTENDANCES / APOLOGIES / LEAVE OF ABSENCE GRANTED 

ATTENDANCES 

Cr C Cowell 

Cr G Ridgley 

Cr J Hanscombe 

Cr T Hargreaves 

Cr J McLaughlin 

Cr D Pepworth 

Cr B Wake 

Shire President 

Deputy Shire President 

Mr P Anderson 

Mr R Towell 

Mr J McKechnie 

Mr B Galvin 

Mrs R Mettam 

Chief Executive Officer 

Accountant 

Manager Regulatory Services 

Works Manager - Absent 

Minute Taker 

APOLOGIES 

VISITORS 

3.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS ON NOTICE 

Nil 

4.0 PUBLIC QUESTION TIME 

Cr Wake entered the meeting at 9.02am 

The President opened public question time opened at 9.03am 

Mr Shane Schulze asked why the Shire is going against the agreement made with 

the UNESCO (Transfer of Hamelin Common) and would like Council to take the local 

indigenous people and pastoralist 

Mrs Ada Fossa advised that she was at Council meeting as an observer only. 

Ms Judy Smith - what affects the common will affect the stromatolites. 

The President thanked the public for their comments in regards to the issue of the 

Stromatolites and the Hamelin Pool Common and advised that their input was 

appreciated. 

As there were no further questions the President closed public question time at 

9.24am.


5.0 APPLICATIONS FOR LEAVE 

5.1 APPLICATION FOR LEAVE OF ABSENCE – COUNCILLOR RIDGLEY 

CO511 

Author 


Disclosure of Any Interest 

Declaration of Interest: 

Nature of Interest: 

Moved 

Seconded 

Cr Hargreaves 

Cr McLaughlin 

Council Resolution 

Councillor Ridgley be granted leave of absence in accordance with Section 

2.25 of the Local Government Act 1995 for the Ordinary meeting of Council 

schedule to be held on 19 January 2011 

7/0 CARRIED 

Background 

Councillor Ridgley has applied for leave of absence from the ordinary meeting of 

Council scheduled for 19 January 2011. The Council in accordance with Section 2.25 

of the Local Government Act 1995 as amended may by resolution grant leave of 

absence to a member. 

Comment 

Councillor Ridgley has advised the chief executive officer due to personal 

commitments he will be unable to attend the Ordinary meeting of council scheduled 

to be held on 19 January 2011 and has requested leave of absence be granted by 

council for this meeting. 

The council may consider not granting councillor ridgley leave of absence but must 

include the reasons for the refusal for not granting the leave in eth recommendation. 

Legal Implications 

Local Government Act 1995 Section 2.25 Disqualification for Failure to Attend 

Meetings 

(1) A council may, by resolution grant leave of absence to a member. 

(2) Leave is not to be granted to a member in respect of more than 6 consecutive 

ordinary meetings of the council without the approval of the minister. 

(3) The granting of leave, or refusal to grant leave and reasons for that refusal, is to 

be recorded in the minutes for eth meeting. 

(4) A member who is absent, without first obtaining leave of the council, throughout 3 

consecutive ordinary meetings of the council is disqualified from continuing his or 

her membership of the council. 

(5) The non-attendance of a member at the time and place appointed for an ordinary 

meeting of the council does not constitute absence from an ordinary meeting of 

the council – 

(a) If no meeting of the council at which a quorum is present is actually held on 

that day; or 

(b) If the non attendance occurs while –


(i) the member has ceased to act as a member after written notice has been 

given to the member under section 2.27(3) and before written notice has 

been given to the member under section 2.27(5) 

(ii) while proceedings in connection with the disqualification of the member 

have been commenced or are pending; or 

(iii) while the election of the member is disputed and proceedings relating to 

the disputed election have been commenced and are pending 

Policy Implications 

Nil 

Financial Implications 

N 

Strategic Implications 

Nil 

Voting Requirements 

Simple Majority Required. 

Date of Report 2 December 2010 

6.0 PETITIONS 

Nil 

7.0 CONFIRMATION OF MINUTES 

7.1 CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON 


Moved 

Seconded 

Cr Ridgley 

Cr Hanscombe 


That the minutes of the ordinary council meeting held on 24 November 2010, 

as circulated to all councillors, be confirmed as a true and accurate record. 

7/0 CARRIED


7.2 CONFIRMATION OF THE MINUTES OF THE SPECIAL COUNCIL MEETING HELD ON 


Moved 

Seconded 

Cr McLaughlin 

Cr Ridgley 


That the minutes of the special council meeting held on 22 November 2010, as 

circulated to all councillors, be confirmed as a true and accurate record. 

6/1 CARRIED 

Cr Hargreaves is recorded as voting against the motion. 

Reason: No reason 

8.0 ANNOUNCEMENTS BY THE CHAIR 

The President advised the Councillors that Aleisha Hewitt was awarded the Dux of 

the Vocation Education Traineeship for the 2010 year. 

9.0 PRESIDENT’S REPORT 

PR 101 

The second Regional Collaborative Group meeting for the coastal shires in the 

Gascoyne was held in Carnarvon in on 8 December 2010 and representatives of 

all the shires resolved to accept Haines Norton as the preferred tenderer to 

undertake planning projects, including a regional business plan, strategic plan 

and asset management planning. 

At the November council meeting, it was decided to support Aspen Park’s application 

for an extension of time in which to commence the proposed expansion of the 

Monkey Mia Dolphin Resort. The owners were initially given five years to 

commence the works, with the current approval by the Minister for the Environment 

expiring on 28 December 2010 this year. 

Council endorsed over $25 000 in payments at the November meeting to 

Shark Bay community groups as part of the donations and financial assistance 

program, funding such activities as assisting with the proposed Shark Bay School 

camp, installation of shade at the bowling club, funds towards the purchase of a 

stretcher for the ambulance service and also assistance with the conduct of 

next year’s Fishing Fiesta. 

Project update – The Monkey Mia finger jetty has been completed and looks great. 

Tenders have been called for construction of the multi-purpose sporting and 

community centre, with over twenty enquiries so far for the documentation. A 

business case is currently being compiled for the HMAS Sydney II commemorative 

wall and a meeting of the Monkey Mia jetty steering committee will be held next 

week to consider design options. 

Following the recent Denham Marine Facilities meeting, the urgency for replacement 

of the existing recreational jetty was discussed with representatives from the Department 

of Transport and the community. At the Gascoyne Revitalisation committee meeting 

held last week in Carnarvon, the members endorsed Shark Bay Shire receiving 

sufficient funds to enable the replacement of the existing jetty with the probable 

completion of a new jetty within 12 months.


The meeting of the Country Local Government Fund regional group met recently 

in Carnarvon to pursue expenditure of funds on projects with a regional focus. 

The group has agreed that the funds for Exmouth and Shark Bay should be 

spent on renewable energy installation, whilst Carnarvon has also included a 

component of underground power. Costings are still being considered, however 

expect to see the installation of banks of solar panels on Shire facilities 

(such as the Discovery Centre) in the near future, this will reduce power 

consumption and result in the reduction of ratepayer funds being spent on this utility. 

Moved 

Seconded 

Cr Hargreaves 

Cr Pepworth 


That the Presidents report for December 2010 be received. 

7/0 CARRIED 

Councilor’s Report 

22/11/2010 Special Council Meeting 

23 Met with representatives of iNTA Communications and Savagely 

Creative to discuss a Monkey Mia business plan 

24 Forward capital works planning workshop 

29 Denham Marine Facilities meeting 

30 Met with Minister Grylls and Vince Catania in Council chambers 

Australian National Landscapes teleconference 

31/11/2010 CEO Key Performance Indicators workshop with J Phillips of WALGA 

7/12/2010 Gascoyne Revitalisation Committee meeting – Carnarvon 

Regional Local Government Fund committee meeting – Carnarvon 

8 Gascoyne Development Commission board meeting - Carnarvon 

9 Australian National Landscapes branding workshop – Monkey Mia 

10 Website design concept teleconference – Precedent 

14 Presented to Shark Bay School concert 

Moved 

Seconded 

Cr Hargreaves 

Cr Ridgley 


That the President’s December 2010 report on her activities as a Council 

representative be received. 

7/0 CARRIED


10.0 COUNCILLORS’ REPORTS 

10.1 CR B WAKE 

CO 513 

19/11/2010 Met with the Works Committee re: damaged fencing on Butchers 

Track 

Attended the Hamelin Pool Common Management Advisory 

Committee meeting 

Moved 

Seconded 

Cr Hargreaves 

Cr Pepworth 


That Councillor Wake’s December 2010 report on his activities as a Council 


7/0 CARRIED 

10.2 CR G RIDGLEY 

CO 511 

29/11/2010 Tourism Association meeting with CEO and Vince Catania – 

Discussion Sky West, 2016 Celebrations, RTO marketing 

Marine Facility Meeting 

30/11/2010 Shire Chambers Vince Catania and Brendan Grylls – Later gave 

Brendon a Tour of VMR new boat then afternoon tea 

03/12/2010 Shire Chamber meeting regarding setting KPI’s for CEO, 

unfortunately arrived late as returning from Geraldton 

08/12/2010 Regional Collaboration Group meeting at the Carnarvon Shire Office 

Moved 

Seconded 

Cr Hargreaves 

Cr Pepworth 


That Councillor Ridgley’s December 2010 report on his activities as a Council 


7/0 CARRIED 

10.3 CR J HANSCOMBE 

CO 514 

30/11/2010 Attended meeting with Vince Catania and Brendan Grylls 

01/12/2010 Attended St John’s Ambulance meeting 

03/12/2010 Attended meeting at the Council Chamber with regard to setting KPI’s 

for the CEO 

08/12/2010 Attended workshop in Carnarvon for Integrated Planning and 

Reporting 

Moved 

Seconded 

Cr Hargreaves 

Cr McLaughlin 


That Councillor Hanscombe’s December 2010 report on his activities as a 

Council representative be received. 

7/0 CARRIED

ORDINARY COUNCIL MINUTES – 15 DECEMBER 2010 10 

10.4 CR J MCLAUGHLIN 

CO512 

25/11/2010 Attended Gascoyne Regional Road Group meeting in Carnarvon 

Attended Gascoyne Country Zone WALGA meeting in Carnarvon 

29/11/2010 Attended the 2 nd meeting of the Marine Redevelopment Committee to 

guide the redevelopment of marine infrastructure in Denham 

30/11/2010 Attended Council meeting with the Minister Brendan Grylls and Vince 

Catania and the afternoon tea at the Discovery Centre 

03/12/2010 Attended workshop to set CEO KPI”S 

08/12/2010 Attended workshop in Carnarvon for Integrated Planning and 

Reporting 

Moved 

Seconded 

Cr Hargreaves 

Cr Ridgley 


That Councillor McLaughlin’s December 2010 report on his activities as a 


7/0 CARRIED 

10.5 CR D PEPWORTH 

CO 515 

27-28/11/10 Attended SES managers meeting in Geraldton, all units from the Mid 

West attended 

Moved 

Seconded 

Cr Hargreaves 

Cr Ridgley 


That Councillor Pepworth’s December 2010 report on his activities as a 


7/0 CARRIED 

10.6 CR T HARGREAVES 

CO 510 

11/11/2010 Attended Remembrance Day Service at School and then at Pioneer 

Park 

01/12/2010 Met with Brendan Grylls and Vince Catania at the Discovery Centre 

Meeting with new CEO Paul Anderson – matters generally 

03/12/2010 Meeting with WALGA representative re Council’s responsibilities with 

CEO’s work contract 

Moved 

Seconded 

Cr Ridgley 

Cr Wake 


That Councillor Hargreaves’s December 2010 report on his activities as a 


7/0 CARRIED


11.0 ADMINISTRATION REPORT 

11.1 ORDINARY ELECTIONS 15 OCTOBER 2011 

EL 101 

Author 





Moved 

Seconded 

Cr Hargreaves 

Cr Pepworth 

Moved Cr McLaughlin 

Seconded Cr Hargreaves 


That Council suspend Standing Orders. 

7/0 CARRIED 

Moved Cr McLaughlin 

Seconded Cr Wake 


That Council reinstate Standing Orders 

7/0 CARRIED 

Officer Recommendation 

That Council – 

Receive the report presented by the Chief Executive Officer 

OR 

Declare in accordance with Section 4.20 (4) of the Local Government Act 1995 

that the WA Electoral Commissioner to be responsible for the conduct of the 

2011 ordinary elections for the Shire of Shark Bay together with any other 

elections or polls which may also be required, 

Decide in accordance with Section 4.61 (2) of the Local Government Act 1995 

that the method of conducting the election will be as postal election, and 

Include in the 2011/12 budget provision of $11,000 GST inclusive to provide for 

the WA Electoral Commission to conduct the 2011 election.


Moved 

Seconded 

Cr Wake 

Cr McLaughlin 


That Council declare in accordance with Section 4.20 (4) of the Local 

Government Act 1995 that the WA Electoral Commissioner to be responsible 

for the conduct of the 2011 ordinary elections for the Shire of Shark Bay 

together with any other elections or polls which may also be required, 

Decide in accordance with Section 4.61 (2) of the Local Government Act 1995 

that the method of conducting the election will be as postal election, and 

Include in the 2011/12 budget provision of $11,000 GST inclusive to provide for 

the WA Electoral Commission to conduct the 2011 election. 

6/1 CARRIED ABSOLUTE MAJORITY 

Background 

Unless other arrangements are made the Chief Executive Officer is to be the 

Returning Officer of a Local Government however, if a Local Government wishes to 

have the WA Electoral Commission conduct a postal voting election then the Local 

Government must make a declaration to this effect before the eightieth (80) day 

before an election according the section 4.20(4) of the Local Government Act 1995 

and is to decide that the election is to be held as a postal election in accordance with 

section 4.61 of the Local Government Act 1995. 

Comment 

The Shire conducted the 2009 elections by postal vote and experienced very 

encouraging voter participation. 

In my experience the conduct of the elections by postal vote provides for a greater 

ability for electors to participate in the election process. While the voting in person is 

still relevant the ability for absent owners to participate in the election by postal voting 

ensures a greater representation of the community. 

The conduct of the election by the Electoral Commission and by postal vote also 

provides for increased levels of separation from the process for the administration. 


Local Government (Elections) Regulations 1997. 

Local Government Act 1995. 

4.61. Choice of methods of conducting the election 

(1) The election can be conducted as a — 

postal election which is an election at which the method of casting votes is by 

posting or delivering them to an electoral officer on or before election day; or 

Voting in person election which is an election at which the principal method of 

casting votes is by voting in person on Election Day but at which votes can also be 

cast in person before Election Day, or posted or delivered, in accordance with 

regulations. 

(2) The local government may decide* to conduct the election as a postal election.


* Absolute majority required. 

(3) A decision under subsection (2) has no effect if it is made after the 80th day before 

Election Day unless a declaration has already been made in respect of an election 

for the local government and the declaration is in respect of an additional election for 

the same local government. 

(4) A decision under subsection (2) has no effect unless it is made after a declaration is 

made under section 4.20(4) that the Electoral Commissioner is to be responsible for 

the conduct of the election or in conjunction with such a declaration. 

(5) A decision made under subsection (2) on or before the 80th day before Election Day 

cannot be rescinded after that 80th day. 

(6) For the purposes of this Act, the poll for an election is to be regarded as having been 

held on Election Day even though the election is conducted as a postal election. 

(7) Unless a resolution under subsection (2) has effect, the election is to be conducted 

as a voting in person election. 

4.20. CEO to be returning officer unless other arrangements are made 

(1) Subject to this section the CEO is the returning officer of a local government for each 

election. 

(2) A local government may, having first obtained the written agreement of the person 

concerned and the written approval of the Electoral Commissioner, appoint* a person 

other than the CEO to be the returning officer of the local government for — 

(a)an election; or 

(b)all elections held while the appointment of the person subsists. 


(3) An appointment under subsection (2) — 

(a)is to specify the term of the person’s appointment; and 

(b)has no effect if it is made after the 80th day before an election day. 

(4) A local government may, having first obtained the written agreement of the Electoral 

Commissioner, declare* the Electoral Commissioner to be responsible for the 

conduct of an election, or all elections conducted within a particular period of time, 

and, if such a declaration is made, the Electoral Commissioner is to appoint a person 

to be the returning officer of the local government for the election or elections. 


(5) A declaration under subsection (4) has no effect if it is made after the 80th day 

before election day unless a declaration has already been made in respect of an 

election for the local government and the declaration is in respect of an additional 

election for the same local government. 

(6) A declaration made under subsection (4) on or before the 80th day before election 

day cannot be rescinded after that 80th day. 

Section 4.62 of the Local Government Act 1995 prescribes the requirement for 

Polling Places (booths) in respect to voting as In Person. The Postal Voting does not 

require any Polling Place in each Ward where an election is required.


4.62. Polling places required 

(1) For every election in a district or a ward the returning officer is to ensure that there 

will be at least one polling place in the district that is open between 8 a.m. and 6 p.m. 

on election day. 

(2) For a voting in person election in a district that is divided into wards, the returning 

officer is to ensure that there will be at least one polling place in each ward that is 

open between 8 a.m. and 6 p.m. on election day unless the returning officer 

determines that, in respect of a particular ward, it is not necessary or not 

practicable — 

(a)to open a polling place in that ward on election day; or 

(b)for there to be a polling place in that ward that is open all the time between 8 a.m. 

and 6 p.m. on election day. 

(3) For a voting in person election in a ward the returning officer is to ensure that there 

will be at least one polling place in the ward that is open between 8 a.m. and 6 p.m. 

on election day unless the returning officer determines that it is not necessary or not 

practicable — 

(a)to open a polling place in that ward on election day; or 

(b)for there to be a polling place in that ward that is open all the time between 8 a.m. 

and 6 p.m. on election day. 


Nil 


The electoral commission has quoted an amount of $11,000 including GST to 

conduct the election for the Shire of Shark Bay in October 2011. 

This has been based on the following assumptions; 

550 electors 

65% response rate 

4 councillor vacancies and 

The count to be conducted at the council offices. 

It is difficult to estimate the amount of cost to Council of conducting in person 

elections given that there is limited capacity available to conduct the elections in 

house and costs would be dependant upon the voter turnout if the elections were 

held in person. 


Nil 


Absolute Majority Required 

Date of Report 10 December 2010 

Council adjourned at 10.15am 

Council reconvened at 10.38am


11.2 FUTURE DIRECTION HAMELIN POOL COMMON 

RES 658 

Author 



Declaration of Interest: Cr Wake 

Nature of Interest: Proximity Interest Neighbour, live next to common 

Declaration of Interest: Cr Cowell 

Nature of Interest: Impartiality Interest Employee of the Department of Environment 

and Conservation 

Cr Wake left the meeting at 10.42am 

Moved 

Seconded 

Cr Hargreaves 

Cr Pepworth 

Committee Recommendation 

That the Council resolve to relinquish its management order over Reserve 658 

(Hamelin Pool Common) in favour of the Department of Environment and 

Conservation on the following conditions; 

1. That a traffic management plan that ensures access to the Hamelin Pool 

Caravan Park and Telegraph Station is submitted to the committee for 

consideration. 

2. That access to Agreed areas of Basic Raw Material within Reserve 658 

(Hamelin pool common) is continued. 

3. A management plan being developed by the Department of Environment 

and Conservation for the ongoing management of Reserve 658 (Hamelin 

Pool Common) being developed and presented to the committee for 

consideration and endorsement to council. 

OR 


That the Council further consider its position in regard to the management 

order over Reserve 658 (Hamelin Pool Common) being relinquished in favour 

of the Department of Environment and Conservation once the following 

conditions and management plans have been established; 

1. A traffic management plan that ensures access to the Hamelin Pool 

Caravan Park and Telegraph Station submitted to the committee for 



(Hamelin Pool Common) is continued. 



Pool Common) and presented to the committee for consideration and 

endorsement to Council. 

4. A waste management plan suitable to the Shire of Shark Bay being 

established for the Hamlin Pool Caravan Park and Telegraph Station.


Amendment to Motion 

Reason for amendment: 

That it is a common and not conservation land if the Department of Environment and 

Conservation take control it would no longer be a common. 

Moved 

Seconded 

Cr McLaughlin 

Cr Hargreaves 

Councillor Amendment to motion 

To assist the future management of Reserve 658 (Hamelin Pool Common) the 

Council: 

1. Develops a traffic management plan that ensures separate access to the 

Hamelin Pool Caravan Park and Telegraph Station and to the Stromatolites 

viewing parking area. 

2. The access to previously agreed areas of Basic Raw Material within 

Reserve 658 is continued. 

3. A management plan for Reserve 658 be developed and presented to the 

committee for consideration and endorsement to council. 

4. A waste management plan suitable to the shire being established for the 

Hamelin Pool Caravan Park and Telegraph Station and Hamelin Pool 

Station. 

Cr Cowell left the council chamber at 11.09am and Deputy President G Ridgley assumed 

the chair 

Moved 

Seconded 

Cr McLaughlin 

Cr Ridgley 

2/3 LOST 


That the Council further consider its position in regard to the management 

order over Reserve 658 (Hamelin Pool Common) being relinquished in favour 

of the Department of Environment and Conservation once the following 

conditions and management plans have been established; 

1. A traffic management plan that ensures access to the Hamelin Pool 

Caravan Park and Telegraph Station submitted to the committee for 



(Hamelin Pool Common) is continued. 



Pool Common) and presented to the committee for consideration and 


4. A waste management plan suitable to the Shire of Shark Bay being 

established for the Hamlin Pool Caravan Park and Telegraph Station. 

3/2 CARRIED


Background 

The Hamelin Pool Common Management Advisory Committee met on 19 November 

2010, minutes attached. 

The committee recommended the following: 

That the Council resolve to relinquish its management order over Reserve 658 

(Hamelin Pool Common) in favour of the Department of Environment and 

Conservation on the following conditions; 

1. That a traffic management plan that ensures access to the Hamelin Pool 

Caravan Park and Telegraph Station is submitted to the committee for 


2. That access to Agreed areas of Basic Raw Material within Reserve 658 (Hamelin 

Pool Common) is continued. 

3. A management plan being developed by the Department of Environment and 

Conservation for the ongoing management of Reserve 658 (Hamelin Pool 

Common) being developed and presented to the committee for consideration and 


Comment 

The members of the advisory committee include representatives from Hamelin Pool 

Pastorals Co and Hamelin Pool Post Office and Caravan Park. This structure makes 

it difficult as the interest provisions in the Local Government Act apply to members of 

committee also. This precludes these members from participating in any discussions 

due to a proximity interest. The Department of Environment and Conservation is also 

a member and through their employment would also be required to declare an 

impartiality interest. 

The issue of committee membership will be addressed at a later stage to resolve this 

issue. 

The lessee of Hamelin Station has subsequently written to the Council outlining a 

number of concerns the recommendation of the committee which has been attached 

for Council’s consideration. 

There appears to have been issues over a period if time in regards to the Hamelin 

Pool Common area, these include fencing, stock grazing, water and the disposal of 

rubbish. 

The correspondence from Hamelin Station provides information in regard to a 

number of these issues. 

The issue of uncontrolled disposal of waste on the common area poses a number of 

environmental issues for the Council, which have been the subject of increased 

legislation in recent years. These include but are not limited to the control of the 

waste to ensure that it does not leave the tip site, i.e. fencing the type of waste that is 

placed in the tip site and the proper disposal of waste at the current site


If the Council considers that a tip site should be properly established on the common 

then it will have to establish the site in accordance with current legislation to ensure 

that it complies. 

The current gravel supply from the common is limited and there are impediments to 

any significant future removal of gravel from the existing source. 


There are a number of legislative implications including the Waste Avoidance 

Legislation the Environmental Protection Act, the Land Administration Act. 


NIL 


The relinquishment of the management of the reserve would minimise the financial 

exposure of the Council. 

The continued management of the reserve will require the Council to allocate funding 

to ensure the proper management of the area in accordance with management plans 

in place. 


Nil 




Cr Cowell and Cr Wake returned to the meeting at 11.34am 

Cr Ridgley vacated the chair and Cr Cowell resumed the chair.


Hamelin Pool Pastoral Co 

PMB 72 via GERALDTON WA 6530 Ph 08 9942 5914 Fax 08 9942 5939 

Email: hamelin@bigpond.com 

22 nd November 2010 

Paul Anderson 

CEO 

Shire of Shark Bay 

Hughes St 

Denham WA 6537 

Dear Paul, 

Re: Tenure of Hamelin Pool Common 

We would like to express our concern regarding the proposal to divest the Shire of the management of 

the Hamelin Pool Common and relinquish it to the Department of Environment and Conservation. We 

feel it would be a hasty action and that it would be prudent for the Shire to review the proposal over the 

next 12 months. 

At a Hamelin Pool Common Advisory Committee meeting in June, the recommendation was made:- 

That the Hamelin Pool Common Advisory Committee request the Chief Executive Officer to 

research tenure options for the Hamelin Pool Common and these alternatives be presented to 

Council for consideration. 

At the most recent meeting of the above committee, the only option presented was that tenure be 

offered to DEC. Has any research been undertaken regarding the pros and cons of the proposal and 

has any other factor been taken into consideration other than the financial constraints for the Shire? 

The above recommendation was made by the stakeholders of the Common and those wishes do not 

appear to have been considered. 

I was present as a visitor at the recent meeting of the Committee but Brian was excluded due to the 

pecuniary interest factor as Hamelin Station is adjacent to the Common - this, despite the fact that 

Hamelin Pool Telegraph Stn and Hamelin Stn have had representatives on that Committee since its 

inception. We feel that as major stake holders in this issue, our interests are being ignored. 

As reflected in the recent parliamentary review, DEC does not have a very good track record of land 

management. The review highlights the poor management of thirty two DEC properties throughout 

WA. It also points out that the Department has not adequately catered for the needs of native animals 

across these properties and has failed to control feral animals and noxious vegetation. It also 

highlights the fact that DEC has not practiced a good neighbour policy! 

DEC already has control of a large percentage of the Shire of Shark Bay so why hand over more? 

Access to the stromatolites is an issue for DEC at present but once a traffic management plan is 

completed this issue will be resolved. Brett Fitzgerald undertook to produce a traffic management 

plan at the June meeting and restated that commitment last week. An immediate solution could be 

achieved by a simple resolution of Council to open the old access, as this is the way it was closed. 

Tenure of the Common by DEC is not a prerequisite for this access. 

The main impetus for the Shire to relinquish control of the Common appears to be financial. The only 

real cost to the Shire over the past 30 years has been the relatively recent fencing to keep out stock 

and feral animals. The fencing has been completed. There is some disagreement by the owners of 

the Telegraph Stn regarding the adequacy of the fencing. When the occupiers of that property do not 

allow water to flow in the Common, animals do not have a reason to enter the area. Hamelin Stn has 

undertaken to monitor the fence and animal numbers and do so on a regular basis. Our daily counts 

show that animals in the Common are not a problem. It is our intention to electrify at our own expense 

the fencing on Hamelin Pool Road to the Hamelin Denham Road. Grids would be an expensive 

solution and animals learn to cross grids. MRD replace grids with fences wherever feasible.


It is difficult to comprehend the preoccupation with zero tolerance of animals in the Common. There 

would not be anywhere else in WA where a land holder has been requested to build the standard of 

fencing (that has been constructed around this Common) to prevent stock or feral animals entering 

parks, reserves or DEC managed land. In fact DEC has a bad reputation in regard to the breeding of 

feral animals on its properties and not taking adequate action to stop them entering adjoining pastoral 

stations where they affect the viability of those businesses. In our own Shire, DEC has not been able 

to clear Peron Peninsular of feral goats. A higher level of animal control could be achieved by building 

a ring lock fence. It is our intention to apply for a suitable grant to fence a larger area than the 

Common to this standard when a suitable grant becomes available. DEC is not the only agency that 

has access to grant money. We see no reason why the Shire should need to spend more money on 

fencing and don’t see why management of the Common should cause financial concern for the Shire. 

We would urge the Shire to give careful consideration to compromising its access and our access to 

the gravel pits in the Common which are used as road base. It was discussed at the recent Common 

Advisory Committee Meeting that MRD has several large sources of gravel to come into commission. 

Several of those sources have been discounted and the one referred to on Hamelin will not be 

operational for some time. MRD has made an initial approach to us as the lease holder but the 

location has still to be worked out due to the proximity of fences, lanes for stock movement and 

pastoral operations. The relevant approvals from all the government agencies involved in Shark Bay 

have historically taken a number of years. It could be some time before this gravel source is available. 

An agreement will need to be made between the Shire and MRD. It would be a wise precaution to wait 

until these matters are resolved before the Shire relinquished control or accepted conditional access to 

its present gravel source. 

In 1994 the Shire established a rubbish disposal facility in the Common. It is referred to as “New 

Rubbish Pit” on Shire letter head. Hamelin Pool Telegraph Stn and Hamelin Station were given 

permission to use this facility and we did not undertake the practice of rubbish disposal in the 

Common of our own accord. According to discussion held at the recent Common Advisory Committee 

meeting, it would be your recommendation to close this facility regardless of whether the Shire 

retained control of the Common and it was also indicated that DEC would not want a rubbish disposal 

facility on land it controlled. We find it deplorable that ratepayers in the pastoral ward should be 

treated with such little consideration. It will have an impact on Hamelin Stn but it will be a resounding 

blow for the Telegraph Stn. 

The hole currently used for the rubbish was created when the new Hamelin Pool road was 

constructed. Hamelin Stn gave up the land from our lease for the new road in return for access to the 

new road and use of the pit for rubbish disposal. The Telegraph Stn was granted access to the road 

for rubbish disposal on the proviso that they used their front end loader to push the rubbish up weekly. 

The Shire committed to cover this rubbish using its large loader when in the vicinity. This will be 

documented in Council records. If council wishes to change these arrangements it needs to negotiate 

with the stakeholders. Approximately thirty percent of the Shire rate income is raised outside the town 

of Denham and it is not unreasonable to expect council to commit funds for areas it controls outside 

the town boundary. 

The recommendation does not cover or safe guard our traditional access to substantial areas of our 

pastoral lease, through the Common. Coastal portions of our lease are accessed by roads through 

the Common and this access will be threatened if tenure is handed over to DEC. 

We would welcome the opportunity to address the Shire regarding these issues. We also reiterate our 

request to not make a hasty decision on this matter. 

Yours sincerely 

Mary Wake 

Lessee, Hamelin Station


11.3 AGENDA AND COUNCIL MEETING DATES 2011 

CO120 

Author 





Moved 

Seconded 

Cr Hargreaves 

Cr Ridgley 


That Council, in accordance with Section 5.25(1)(a) of the Local Government 

Act 1995, approve the following schedule of meeting dates for Council’s 2011 

Ordinary meetings: 

January 2011 – Wednesday 19 Commencing at 9.00am in Council Chambers 

February 2011 – Wednesday 23 Commencing at 9.00am in Council Chambers 

March 2011 – Wednesday 30 Commencing at 9.00am in Council Chambers 

April 2011 – Wednesday 20 Commencing at 9.00am in Council Chambers 

May 2011 – Wednesday 25 Commencing at 9.00am in Council Chambers 

June 2011 – Wednesday 29 Commencing at 9.00am in Council Chambers 

July 2011 – Wednesday 27 Commencing at 9.00am in Council Chambers 

August 2011 – Wednesday 31 Commencing at 9.00am in Council Chambers 

September 2011 – Wednesday 28 Commencing at 9.00am in Council Chambers 

October 2011 – Wednesday 26 Commencing at 9.00am in Council Chambers 

November 2011 – Wednesday 30 Commencing at 9.00am in Council Chambers 

December 2011 – Wednesday 21 Commencing at 9.00am in Council Chambers 

Amendment to Recommendation 

Reason: 

Councillors note the issues with a January meeting of Council and noted that a 

special meeting can be organised if required. 

Moved Cr Hanscombe 

Seconded Cr McLaughlin 


That Council, in accordance with Section 5.25(1)(a) of the Local Government 

Act 1995, approve the following schedule of meeting dates for Council’s 2011 

Ordinary meetings: 






July 2011 – Wednesday 27 Commencing at 9.00am in Council Chambers







That Council further investigate holding a Council meeting at the Overlander 

and Useless Loop and will advertise these meeting dates when confirmed. 

7/0 CARRIED 

Background 

The Local Government Act 1995 Section 5.25 requires the Council to advertise its 

Council meeting dates for the forthcoming year. 

Comment 

Listed below is a proposed schedule for Council meetings in the year 2011 for 

consideration and approval: 

January 2011 – Wednesday 19 Commencing at 9.00am in Council Chambers 






July 2011 – Wednesday 27 Commencing at 9.00am in Council Chambers 






Ordinary meetings of Council are held on the last Wednesday of each month unless 

specifically resolved by council to allow for other circumstances. It has been 

suggested that meeting be held at the Overlander and at Useless Loop, however 

these locations have not been included in the schedule at this point. Council would 

give consideration to having meetings at these location if it so desires. 

Council regularly amends its December meeting due to Christmas. The schedule 

indicates that the December 2011 meeting be held on Wednesday 21 December in 

lieu of 28 December as in previous years. 

This year Council’s April 2011 meeting date has also been changed due to Easter 

falling in the last week of April. Council meeting date would normally be 27 April 2011 

but due to Public Holidays falling in the week the meeting has been brought forward 

one week to the 20 April 2011. 


Section 5.25 of the Local Government Act 1995 and the Local Government 

Regulations Section 12 Public notice of council or committee meetings – 

(1) At least once each year a local government is to give local public notice of the dates on 

which and the time and place at which – 

(a) The ordinary council meetings; and


(b) The committee meetings that are required under the Act to be open to members of 

the public or that are proposed to be open to members of the public, 

Are to be held in the next twelve (12) months. 


Policy 9.4 - Meetings of Council 

(1) The Ordinary meeting of Council shall be held on the last Wednesday of each month 

unless specifically resolved by Council to allow for other circumstances. 

The Policy includes that the Council meets in every month including January. The 

scheduling of an ordinary Council meeting in January restricts the ability of staff to 

take annual leave and places additional burden on administration staff. If required a 

special meeting could be called to address any issues requiring decisions of Council. 

This could be addressed by a resolution of the Council to amend the Policy to 

exclude a meeting in January if the Council so desires. 


Nil 


Nil 




12.0 FINANCE REPORT 

12.1 SCHEDULE OF ACCOUNTS PAID TO BE ACCEPTED 

Author 

Finance Officer / Accounts Payable 

Disclosure of any interest 



Moved 

Seconded 

Cr Ridgley 

Cr Pepworth 


That the cheques and electronic payments as per the attached schedules of 

accounts for payment totalling $474,914.99 be accepted. 

7/0 CARRIED 

Comment 

The schedules of accounts for payment covering - 

Municipal fund account cheque numbers 25450 to 25472 totalling $44,063.28


Municipal fund account electronic payment numbers EFT9355 to EFT9387 and EFT 

9403 to EFT9433 totalling $287,646.83 

Municipal fund account for payroll periods ending 22/11/10 to 05/12/10 totalling 

$82,259.63 

Trust fund Police Licensing for November 2010 totalling $19,513.00 

Trust fund account cheque numbers000716 to 000727 totalling $1,407.75 

Trust fund account electronic payment numbers EFT9389 to 9402 and EFT 9434 to 

EFT9441 totalling $40,024.50 

The schedule of accounts submitted to each member of council on 23 April 2010 has 

been checked and are fully supported by vouchers and invoices. All vouchers and 

invoices have been duly certified as to the receipt of goods and services and the cost 

of goods and services received. 

Date of Report 10 December 2010


SHIRE OF SHARK BAY MUNICIPAL FUND CHEQUES FROM 25450 TO 25472 

Chq Date Name Description Amount Bank Type 

25450 24/11/2010 AMP SUPERANNUATION Superannuation contributions -265.72 1 CSH 

25451 24/11/2010 AGEST PTY LTD Superannuation contributions -124.78 1 CSH 

25452 24/11/2010 AMP CORPORATE SUPERANNUATION Superannuation contributions -284.85 1 CSH 

25453 24/11/2010 AXA AUSTRALIA Superannuation contributions -350.44 1 CSH 

25454 24/11/2010 BT BUSINESS SUPER Superannuation contributions -318.12 1 CSH 

25455 24/11/2010 HOSTPLUS PTY LTD Superannuation contributions -1047.24 1 CSH 

25456 24/11/2010 HESTA SUPER FUND Superannuation contributions -430.44 1 CSH 

25457 24/11/2010 MLC NOMINEES PTY LTD Superannuation contributions -269.98 1 CSH 

25458 24/11/2010 COLONIAL FIRST STATE Superannuation contributions -290.08 1 CSH 

25459 24/11/2010 WESTPAC SECURITIES ADMINISTRATION LTD Superannuation contributions -167.12 1 CSH 

25460 24/11/2010 REST Superannuation contributions -735.32 1 CSH 

25461 24/11/2010 SHIRE OF SHARK BAY Payroll deductions -660.00 1 CSH 

25462 24/11/2010 SMA SUPER PTY LTD Superannuation contributions -139.37 1 CSH 

25463 24/11/2010 WESTSCHEME PTY LTD Superannuation contributions -580.33 1 CSH 

25464 29/11/2010 CAROLYN GARAVANTA REPAY-LOST BOOK RETURNED -15.40 1 CSH 

25465 29/11/2010 WATER CORPORATION - OSBORNE PARK CHARGE - WATER -4374.25 1 CSH 

25466 29/11/2010 WHITESAND HOLDINGS PTY LTD ATF WASSMAN CROSSOVER -252.00 1 CSH 

FAMILY TRUST 

25467 07/12/2010 SHIRE OF SHARK BAY SALE OF ASSES WORK MANAGER NISSAN -31000.00 1 CSH 

NAVARA 4X4 REG# 1CZT362 

25468 07/12/2010 TELSTRA AUSTRALIA TELSTRA BILL NOV 10 -2411.54 1 CSH 

25469 07/12/2010 SHARK BAY FILM CLUB DONATION TO SB FILM CLUB - NEW'S EVE -50.00 1 CSH 

25470 07/12/2010 SHARK BAY FUEL & SERVICE CENTRE FUEL - BUS -80.69 1 CSH 

25471 07/12/2010 SHARK BAY NEWSAGENCY NEWSPAPERS -186.70 1 CSH 

25472 07/12/2010 TELSTRA AUSTRALIA CALLS - VISITORS CENTRE 1300367072 -28.91 1 CSH 

NOV10 

TOTAL $44,063.28


SHIRE OF SHARK BAY MUNICIPAL FUND EFT PAYMENTS FROM EFT9355 TO EFT9387 AND EFT9403 TO EFT 9433 

EFT Date Name Description Amount Bank Type 

EFT9355 19/11/2010 AUSTRALIAN TAXATION OFFICE Payroll deductions -7757.00 1 CSH 

EFT9356 24/11/2010 WA LOCAL GOV SUPERANNUATION PLAN Superannuation contributions -6656.52 1 CSH 

PTY LTD 

EFT9357 25/11/2010 CHERYL COWELL C COWELL – PRESIDENT ALLOWANCE -1190.00 1 CSH 

EFT9358 25/11/2010 JOHN JOSEPH HANSCOMBE J HANSCOMBE – CR ALLOWANCE -300.00 1 CSH 

EFT9359 25/11/2010 JOE MCLAUGHLIN J McLaughlin – CR ALLOWANCE -300.00 1 CSH 

EFT9360 25/11/2010 RHONDA JOY METTAM Rates Refund A1275 19 HOULT STREET -1800.00 1 CSH 

EFT9361 25/11/2010 DARREN PEPWORTH D PEPWORTH – CR ALLOWANCE -300.00 1 CSH 

EFT9362 25/11/2010 GREGORY LEON RIDGLEY G RIDGLEY – CR ALLOWANCE -300.00 1 CSH 

EFT9363 25/11/2010 TIM HARGREAVES T HARGREAVES – CR ALLOWANCE -300.00 1 CSH 

EFT9364 25/11/2010 BRIAN WAKE B WAKE – CR ALLOWANCE -300.00 1 CSH 

EFT9365 26/11/2010 S.A.BURTON COMMUNITY CENTRE REPAIR AND TILE -1430.00 1 CSH 

TOILET FLOOR 

EFT9366 26/11/2010 CHAMBERLAIN RUSSELL REENT FOR THE MONTH OF DECEMBER 2010 -1011.90 1 CSH 

EFT9367 26/11/2010 DERLEE PTY LTD 2 ALUMINUM TABLES AND CHAIRS -6225.77 1 CSH 

EFT9368 26/11/2010 HORIZON POWER UTILITIES 16.10.10.-15.11.10 -4873.04 1 CSH 

EFT9369 26/11/2010 TOLL IPEC PTY LTD FREIGHT -20.15 1 CSH 

EFT9370 26/11/2010 JACQUI TOWELL XMAS TREE FOR SBIC - REIMBURSEMENT -568.00 1 CSH 

EFT9371 26/11/2010 MOMAR AUSTRALIA PTY LTD WORKSHOP CHEMICALS -1574.10 1 CSH 

EFT9372 26/11/2010 NICKO LANDSCAPING PAINTING EXTERIOR OF PENSIONER'S UNITS -1925.00 1 CSH 

- PROGRESSIVE PAYMENT 

EFT9373 26/11/2010 OAKLEY EARTHWORKS CONCRETE BOBCAT, TIPPER & FILL SAND -759.00 1 CSH 

EFT9374 26/11/2010 PHIL THOMSON EXPENSE REIMBURSEMENT -36.70 1 CSH 

EFT9375 26/11/2010 RALPH DODSON REMOVE OLD AIR COND AND REPAIR WALL -180.00 1 CSH 

EFT9376 26/11/2010 SHARK BAY CLEANING SERVICE CLEANING 1.11.10-15.11.10 -4228.80 1 CSH 

EFT9377 26/11/2010 SUNSET MURA MURA CAFE STAFF FUNCTION -150.00 1 CSH 

EFT9378 26/11/2010 SUNNY SIGN COMPANY C/PARK SIGN -60.27 1 CSH 

EFT9379 26/11/2010 YADGALAH ABORIGINAL CORP HIRE OF MINI GOLF AND DSA SHED XMAS -600.00 1 CSH 

FUNCTION 

EFT9380 29/11/2010 APPRENTICE & TRAINEESHIP CO H NORMAN 10,11,17,18.11.2010 -565.31 1 CSH 

EFT9381 29/11/2010 BRIGHTHOUSE MULTI PURPOSE RECREATION CENTRE -28537.93 1 CSH 

EFT9382 29/11/2010 HODGE + COLLARD ARCHITECTS MULTI/PURPOSEREC CENTRE-ENERGY PLAN -3839.00 1 CSH



EFT9383 29/11/2010 J & T FREIGHT FREIGHT -353.15 1 CSH 

EFT9384 29/11/2010 MINTER ELLISON LEGAL SERVICES -1376.10 1 CSH 

EFT9385 29/11/2010 PETER MAXWELL HEITMAN POLICE CLEARANCE -53.70 1 CSH 

EFT9386 29/11/2010 WESTERN AUSTRALIAN LOCAL LCC SUBSCRIPTION 2010-11 -5500.00 1 CSH 

GOVERNMENT ASSO 

EFT9387 29/11/2010 YADGALAH ABORIGINAL CORP BUS HIRE -70.00 1 CSH 

EFT9403 07/12/2010 AZURE BISTRO SENIORS - DENHAM CRAFTERS -1000.00 1 CSH 

EFT9404 07/12/2010 PRIORITY SHARK BAY PTY LTD SHARK BAY / CANARVON 25/11/2010 -449.62 1 CSH 

EFT9405 07/12/2010 SHARK BAY BAKERY MEETING WORKS - HAMELIN -52.00 1 CSH 

EFT9406 07/12/2010 S.A.BURTON SUPPLY AND INSTALL NEW SECURITY DOOR -682.00 1 CSH 

AT SBIC 

EFT9407 07/12/2010 CJD EQUIPMENT PTY LTD SEALING RING -147.32 1 CSH 

EFT9408 07/12/2010 HOSEXPRESS HOSES & FITTINGS -535.13 1 CSH 

EFT9409 07/12/2010 TOLL IPEC PTY LTD FREIGHT -67.80 1 CSH 

EFT9410 07/12/2010 MIDWEST AUTO GROUP WORK SUPER VEHICLE REPLACEMENT -15456.65 1 CSH 

EFT9411 07/12/2010 LG CONSULTING SERVICES PTY LTD CAPITAL WORKS PLAN PREPARATION -13895.55 1 CSH 

EFT9412 07/12/2010 JAMES MCKECHNIE CONSULTING SERVICES -10973.20 1 CSH 

EFT9413 07/12/2010 NEVERFAIL SPRINGWATER NEVERFAIL SPRING WATER -24.05 1 CSH 

EFT9414 07/12/2010 PAPER PLUS STATIONARY -341.36 1 CSH 

EFT9415 07/12/2010 RALPH DODSON SUPPLY/INSTALL KITCHEN 27/1 HUGHES ST -3950.00 1 CSH 

EFT9416 07/12/2010 RAY WHITE REAL ESTATE SHARK BAY INSPECTIONS OF SHIRE BUILDINGS -650.00 1 CSH 

EFT9417 07/12/2010 SHARK BAY FREIGHTLINES FREIGHT -32.11 1 CSH 

EFT9418 07/12/2010 WA TEMPORARY FENCING SUPPLIES FENCING SUPPLIES -8613.00 1 CSH 

EFT9419 07/12/2010 WESTRAC EQUIPMENT PTY LTD FITTING FOR TOOL CARRIER VEHCILE -106.10 1 CSH 

EFT9420 07/12/2010 ECOSCAPE FINAL LITTLE LAGOON SITE PLANNING -3146.00 1 CSH 

EFT9421 07/12/2010 SHARK BAY SUPERMARKET STAFF FUNCTION -82.71 1 CSH 

EFT9422 07/12/2010 HORIZON POWER ELECTRICITY SHIRE BUILDINGS -6925.82 1 CSH 

EFT9423 07/12/2010 JETTY CONSTRUCTIONS CONTRUCTION OF FINGER JETTY M/MIA -110897.60 1 CSH 

EFT9424 07/12/2010 LOCAL GOVERNMENT MANAGERS CONFERENCE DINNER FOR CEO AND WIFE -185.00 1 CSH 

AUSTRALIA 

EFT9425 07/12/2010 PRESTIGE INSTALLATIONS (WA) PTY LTD REPLACE AIR CONDITIONER - COMMUNITY -2970.00 1 CSH 

CENTRE CRAFTERS ROOM 

EFT9426 07/12/2010 RICHARD CLAUDE MORONEY GARDENING AND RUBBISH REMOVAL 

-25.00 1 CSH 

AROUND SBIC



EFT9427 07/12/2010 SHARK BAY TAXI SERVICE OVERLANDER LITTER/RUN - 10 7,14,21,28/11 -832.70 1 CSH 

EFT9428 07/12/2010 SHARK BAY CLEANING SERVICE NOVEMBER 2010 30 DAYS @ 91.75 -9693.76 1 CSH 

EFT9429 07/12/2010 SHARK BAY ELECTRICAL THERMOSTAT FORESHORE BBQ -768.08 1 CSH 

EFT9430 07/12/2010 SHARKBAY EARTHMOVING RUBBISH PICK UP NOV 10 -9887.74 1 CSH 

EFT9431 07/12/2010 SUNSET MURA MURA CAFE COUNCIL LUNCH 24 NOV 10 -264.00 1 CSH 

EFT9432 07/12/2010 SUNNY SIGN COMPANY ROADS TO RECOVERY -1757.69 1 CSH 

EFT9433 07/12/2010 LANDGATE GROSS RENTAL VALUE CHARGE -93.40 1 CSH 

TOTAL $287,646.83 

SHIRE OF SHARK BAY TRUST CHEQUES FROM CHEQUE # 000716 TO 000727 

Chq/EFT Date Name Description Amount Bank Type 

716 04/11/2010 KALBARRI EDGE RESORT BOOKEASY OCTOBER 2010 -416.50 2 CSH 

717 18/11/2010 PATRICIA CHAPLIN P CHAPLIN - KEY BOND - GYM REFUND -10.00 2 CSH 

718 23/11/2010 DIANNE MORTON GYM KEY REFUND MEMBERSHIP # 457 -10.00 2 CSH 

719 24/11/2010 BUILDING & CONSRUCTION IND TRAINING BCITF PAYMENT -540.00 2 CSH 

FUND 

720 29/11/2010 RALPH CULTER GYM KEY REFUND # 480 -10.00 2 CSH 

722 30/11/2010 HOWARD COCK GYM KEY DEPOSIT REFUND - 218 -10.00 2 CSH 

723 30/11/2010 LINDA BRIDGET NOLAN GYM KEY DEPOSIT REFUND - 474 -10.00 2 CSH 

724 30/11/2010 LINDA REINHOLD GYM KEY DEPOSIT REFUND 116 -10.00 2 CSH 

725 30/11/2010 CALLIOPE MARGARET COLE GYM KEY DEPOSIT REFUND - 437 -10.00 2 CSH 

726 02/12/2010 SHARK BAY HOTEL MOTEL BOOKEASY NOVEMBER 2010 -361.25 2 CSH 

727 06/12/2010 AARON BONDITCH GYM KEY REFUND #165 -20.00 2 CSH 

TOTAL $1,407.75 

SHIRE OF SHARK BAY TRUST EFT PAYMENTS FROM EFT9389 TO EFT9402 AND EFT 9434 TO EFT9441



EFT9389 02/12/2010 DENHAM HOLIDAY RESORT BOOKEASY NOVEMBER 2010 -1537.80 2 CSH 

EFT9390 02/12/2010 DENHAM SEASIDE TOURIST VILLAGE BOOKEASY NOVEMBER 2010 -1284.35 2 CSH 

EFT9391 02/12/2010 Hartog Cottages BOOKEASY NOVEMBER 2010 -926.50 2 CSH 

EFT9392 02/12/2010 HERITAGE RESORT SHARK BAY BOOKEASY NOVEMBER 2010 -1725.50 2 CSH 

EFT9393 02/12/2010 HAMELIN STATION STAY BOOKEASY NOVEMBER 2010 -102.00 2 CSH 

EFT9394 02/12/2010 KALBARRI EDGE RESORT BOOKEASY NOVEMBER 2010 -416.50 2 CSH 

EFT9395 02/12/2010 ASPEN MONKEY MIA PTY LTD BOOKEASY NOVEMBER 2010 -498.10 2 CSH 

EFT9396 02/12/2010 MONKEYMIA WILDSIGHTS BOOKEASY NOVEMBER 2010 -788.80 2 CSH 

EFT9397 02/12/2010 NINGALOO REEF RESORT BOOKEASY NOVEMBER 2010 -185.30 2 CSH 

EFT9398 02/12/2010 OCEANSIDE VILLAGE BOOKEASY NOVEMBER 2010 -1632.00 2 CSH 

EFT9399 02/12/2010 SHARK BAY HOLIDAY COTTAGES BOOKEASY NOVEMBER 2010 -616.25 2 CSH 

EFT9400 02/12/2010 SHARKBAY CARAVAN PARK BOOKEASY NOVEMBER 2010 -913.75 2 CSH 

EFT9401 02/12/2010 SHIRE OF SHARK BAY COMMISSION -3263.15 2 CSH 

EFT9402 02/12/2010 TRADEWINDS SEAFRONT APARTMENTS BOOKEASY NOVEMBER 2010 -4181.50 2 CSH 

EFT9434 07/12/2010 PRIORITY SHARK BAY PTY LTD TOURS NOVEMBER 2010 -1629.08 2 CSH 

EFT9435 07/12/2010 AUSSIE OFFROAD TOURS TOURS NOVEMBER 2010 -717.75 2 CSH 

EFT9436 07/12/2010 MONKEY MIA YACHT CHARTERS (ARISTOCAT) TOURS NOVEMBER 2010 -4188.18 2 CSH 

EFT9437 07/12/2010 MONKEYMIA WILDSIGHTS TOURS NOVEMBER 2010 -10062.86 2 CSH 

EFT9438 07/12/2010 WEST AUSTRALIAN OCEAN PARK PTY LTD TOURS NOVEMBER 2010 -1779.15 2 CSH 

EFT9439 07/12/2010 SHARKBAY COACHES TOURS NOVEMBER 2010 -426.30 2 CSH 

EFT9440 07/12/2010 SHIRE OF SHARK BAY COMMISSION -2853.88 2 CSH 

EFT9441 07/12/2010 WULA GUDA NYINDA (CAPES) TOURS NOVEMBER 2010 -295.80 2 CSH 

TOTAL $40,024.50


12.2 FINANCIAL REPORTS TO 30 NOVEMBER 2010 

Author 

Accountant 




Moved 

Seconded 

Cr Pepworth 

Cr Cowell 


That the monthly financial reports to 30 November 2010 as attached be 

accepted. 

Cr Hargreaves left the meeting at 11.18am, prior to the voting of the recommendation and 

was absent for the vote. 

6/0 CARRIED 

Cr Hargreaves returned to the meeting at 11.21am 

Comment 

As per the requirements of Section 6.4 of the Local Government Act 1995 and 

Regulation 34 of the Local Government Accounting (Financial Management) 

Regulations 1996, the following monthly financial reports to 30 November 2010 are 

attached. 


Absolute Majority Required. 

Date of Report 3 December 2010


12.3 PURCHASING AUTHORISATIONS 

PO101 

Author 

Accountant 




Moved 

Seconded 

Cr Ridgley 

Cr Cowell 


That the Shire of Shark Bay Purchasing Policy be amended to have Appendix A 

– Purchasing Authorisations removed from the Policy. 

7/0 CARRIED 

Précis 

At the yearend audit for the Shire of Shark Bay, our auditor from UHY Haines Norton 

raised in the Management Report that “staff listed with purchasing authority in the 

purchasing policy no longer worked for the Shire. The officers who currently authorise 

purchase orders are not included in the Purchasing Policy”. 

Auditors Recommendation: To help ensure current and future officers comply with the 

Shires policies we recommend the policies be amended to refer to positions and not 

specific persons. 

Background 

The Shire of Shark Bay Purchasing Policy currently contains the following table of 

purchasing authorisations. 

Authorised Officer Position $ Limit for individual purchases 

Mr Kelvin Matthews Chief Executive officer As per budget * 

Mr Stan Kocian 

Finance and Administration As per budget * 

Manager 

Mr Gary Brown Works Supervisor $10,000.00* 

Mr Brian Galvin Town Supervisor $5,000.00* 

Miss Tamara Olsson Accountant $500.00* 

*Subject to section 3.57 of the Local Government Act 1995; Divisions 1 and 2 of the Local Government 

(Functions and General) Regulations 1996; and the requirements of the Shire of Shark Bay Purchasing Policy. 

Under the Shire of Shark Bay Register of Delegations, the Chief Executive Officer is 

given delegated authority to make purchases on the Shire’s behalf and the Local 

Government Act 1995, section 5.44 (1) gives the Chief Executive Officer the power 

to delegate this to their staff. It is therefore not necessary to include this appendix in 

the purchasing policy as the Chief Executive Officer already has the authority to 

delegate purchasing authority and expenditure limits to their staff.


Comment 

Removing Appendix A from the Purchasing Policy will assist the Chief Executive 

officer to fulfil his duties in a timely manner. 


Shire of Shark Bay Register of Delegations, Section 1.13 states: The Chief Executive 

Officer be delegated authority to make all payments from the Municipal and Trust 

accounts. 

The Local Government Act 1995, section 5.44 (1): A Chief Executive Officer may 

delegate to any employee of the Local Government the exercise of any of the Chief 

Executive Officer’s powers or the discharge of any of the Chief Executive Officer’s 

duties under this Act other than this power of delegation. 


The Shire of Shark Bay Purchasing Policy, April 2008 to be amended to remove 

Appendix A – Purchasing Authorisations. 


Nil 


Increased efficiency within the Shire’s administration by allowing the Chief Executive 

Officer to accommodate the changing needs of the organisation. 





12.4 SHARK BAY SKIP BINS REFUSE SITE CHARGES 

SA 107 FE 102 

Author 

Accountant 


Declaration of Interest: Cr Pepworth 

Nature of Interest: Impartiality Interest as Mr Jarvis is an employee of Shark Bay 

Resources 

Moved 

Seconded 

Cr Hargreaves 

Cr Pepworth 


A) That Council consider reducing the Refuse Site Charge to $22.00 per 3 

cubic metre bin. 

Or 

B) That Council not give consideration to reducing the Refuse Site Charge to 

Shark Bay Skip Bins and continue to apply charges equally to all users. 

Moved 

Seconded 

Cr Hargreaves 

Lapsed for want of a seconder 

Amendment by Councillor 

That the cost of 3 cubic metre bin be reduced from $30.00 to $22.00 

Moved 

Seconded 

Cr Hanscombe 

Cr McLaughlin 


That Council not give consideration to reducing the Refuse Site Charge to 

Shark Bay Skip Bins and continue to apply charges equally to all users. 

5/2 CARRIED 

Cr Hargreaves is recorded as voting against the motion 

Reason: To promote clean areas. 

Précis 

The following email was received by Mr Jeff Jarvis on 4 November 2010. 

To the Shire of Shark Bay 

My name is Jeff Jarvis, as you know I am the Owner of Shark Bay Skips along with my 

wife Sharon. 

As you are aware the Shire has recently imposed tipping fee’s at the local tip. 

These fee’s have impacted severely on our Business, normally we have 15 – 16 of our 

18 Skip Bins rented out at any one time. Since these fee’s have been introduced we have only


9 – 10 out. The fact is that for $10.00 anyone can fill a trailer with a cage almost the same as 

our 3m3 Bins, the figures speak for themselves. 

Following are figures of Bins collected per Month, 

2009 2010 

June 33 June 35 

July 36 July 29 

August 44 August 18 

September 38 September 23 

We the Owners of Shark Bay Skips are trying to keep this Business in town to provide a 

valuable service in keeping this Beautiful World Heritage area clean of litter. 

Also we employ one person and provide Bins for Fundraising and Community Events 

Free of Charge. Any assistance in waiving or reduction of fee’s would greatly assist this local 

Business which we introduced to Denham and have run successfully for five years. 

Yours Faithfully, 

Jeff Jarvis 

Background 

The Shire of Shark Bay currently charge the same rate of $10.00 per cubic metre for 

commercial rubbish disposal and bulk bins. Therefore any one bringing rubbish to 

the tip site in a trailer will be charged per cubic metre of rubbish disposed. A 1.8L x 

1.2W x 1.4H trailer holds 3 cubic metres. The cost to dispose of this is $30 the same 

as for a 3 cubic metre skip bin. 

From research in the region, other skip bin services charge as follows 

Carnarvon where no tipping fees apply. 

2.0 cubic metre skip bin service $85 equates to $42.50 per cubic metre. 

Geraldton where tipping fees for bulk bins are charged at $57.20 per tonne. 

4.0 cubic metre skip bin service $140 equates to $35.00 per cubic metre. 

Plus $5 per week bin rental. 

Shark Bay where tipping fees for bulk bins are charged at $10 per cubic metre. 

3.0 cubic metre skip bin service $107 equates to $35.66 per cubic metre. 

The current price charged by Shark Bay Skip Bins including the tipping charges is 

reasonable and comparable to other similar businesses in the region. 

Comment 

It is appreciated that the drop off in operations for Shark Bay Skip Bins may be partly 

due to the user pays refuse site charges introduced by the Shire as of 01 July 2010. 

Prior to 01 July 2010 all commercial rubbish recovery costs were worn by 

commercial ratepayers, which put this business in the fortunate position of not 

incurring any refuse site charges as there is no commercial premises linked to the 

business. 

There is a lot of construction work that is due to commence early in the new year in 

Denham. It is anticipated that this will bring an increase of business to Shark Bay 

Skip Bins operations as they are the only provider of this service in Denham. 


Local Government Act 1995; Section 6.16 Imposition of Fees and Charges, and 

Section 6.17 Setting the Level of Fees and Charges.



Nil 


2010/2011 Annual Budget, impacting on refuse site fees and the recovery of refuse 

site costs. 


Providing discounts to businesses on an individual basis could set a precedence for 

other business owners to request discounts on fees and charges. 





13.0 TOWN PLANNING REPORT 

13.1 DEVELOPMENT APPLICATION 20/2010 – WATER CORPORATION INFRASTRUCTURE 

P4017 

Author 



Declaration of Interest: Cr Ridgley 

Nature of Interest: Proximity Interest as he has an adjoining property 

Cr Ridgley left the meeting at 12.34 am 

Moved 

Seconded 

Cr Hanscombe 

Cr Hargreaves 


That Mr Derek Duffy on behalf of the Water Corporation be advised that 

Council will grant conditional approval to development application 20/2010 

subject to the following conditions; 

1. To be used for the purpose of Water Corporation Infrastructure. 

2. To be developed in accordance with the endorsed plan but upon and 

subject to the following condition – 

3. Compliance in all respects with the Building Regulations 1989 (as 

amended). Two sets of working drawings and specifications are required 

to be submitted with the building application. 

4. The layout of the site and the size of the proposed building and works 

shown on the endorsed plan shall not be altered for any reason without the 

consent of the Shire’s Planning Officer. The recommended location for the 

dual compartment elevated tank being the preferred option. 

5. The consent of Council being sought and obtained prior to any change of 

use of the premises. 

6. All exterior metal cladding, including the roof, shall be of patent pre-treated 

finish, such as Colour bond, to the satisfaction of the Shire’s Planning 

Officer. 

7. The use hereby permitted shall comply with the definition of Public Utility 

as contained in the Shire of Shark Bay’s Town Planning Scheme No 3. 

8. No advertising sign shall be erected without the further approval of the 

Shire of Shark Bay. 

9. Compliance with all aspects of the Health Act 1911 (as amended). 

10. Compliance with Council’s Trade Waste Disposal requirements. 

This approval is valid for 2 years from the date of approval. All conditions of 

approval are required to be met within this time period. 

Note – Failure to complete conditions of approval or commencement of 

development within the 2 year approval period will result in the approval 

becoming invalid and a new application will be required to be lodged. 

6/0 CARRIED


Précis 

Mr Derek Duffy on behalf of the Water Corporation has submitted development 

application 20/2010 for Council approval to up-grade its water treatment plant by 

decommissioning existing plant and equipment and installing new infrastructure. 

The report details the application and recommends conditional approval. 

Background 

To provide a more secure water supply to the Denham Townsite the Water 

Corporation proposes to construct a new Water Booster Pumping Station at the 

existing Denham Water Treatment Plant, Monkey Mia Road. A two compartment 

elevated tank is proposed with a height to the top of 17.00 metres and an external 

diameter of 10.00 metres along with a ground level pump station for lifting saline and 

clear water to the tank. There will also be associated underground and vertical pipe 

work to the tank compartments. Site and elevation plans hereunder identify the 

proposal.

ORDINARY COUNCIL MINUTES – 15 DECEMBER 2010 38


Under the Shire of Shark Bay Town Planning Scheme No. 3 the Water Corporation 

is defined as a Public Utility which means any work or undertaking constructed or


maintained by a Public Authority or the Local Government as many be required to 

provide water, sewerage, electricity, gas, drainage, communications or other similar 

services. 

A Public Utility under the Scheme provisions is a permitted use within all Town 

Planning Scheme Zones. However, that does not preclude Council from raising any 

concerns/issues that it may have in regards to the development proposal. 

Comment 

The site plans identifies a recommended location for the dual compartment elevated 

tank and also an alternate location. 

From a planning prospective the recommended location would be the preferred one 

in terms of visual amenity and impact. 


The Shire of Shark Bay Town Planning Scheme No 3. 


All relevant Policies pursuant to the Town Planning Scheme. 


The upgraded service provision will have an economic benefit. 


This is a significant up-grade of the Water Treatment Plant that will provide a more 

secure service and better quality service. 




Cr Ridgley returned to the meeting at 12.27am 

13.2 DEVELOPMENT APPLICATION 21/2010 – TELECOMMUNICATIONS FACILITY 

ITEM 13.2 WAS DEFERRED SO THE MANAGER FOR REGULATORY SERVICE COULD SEEK 

INFORMATION FOR COUNCIL. AFTER ITEM 13.5


13.3 DEVELOPMENT APPLICATION 17/2010 – OUTBUILDING SIZE, HEIGHT AND FLOOR LEVEL 

VARIATIONS 

P1022 

Author 






That the proponent of development application 17/2010 Mr Kevin Laundry be 

advised on behalf of Messrs G & J Hawes of Lot 203 (131) Knight Terrace 

Denham that; 

a) It may favourably consider conditional approval for Development 

Application 17/2010 after the Shire has finalised an amendment to its Town 

Planning Scheme that allows it to vary the height provisions of 

outbuildings on land subject to inundation. 

OR 

b) As Development Application 17/2010 does not comply with the provisions 

of the Shire of Shark Bay Town Planning Scheme No. 3 and its pursuant 

policies it be refused. 

Moved Cr Hargreaves 

Seconded Cr McLaughlin 

Reason For Change in Officer Recommendation Item 13.3 

The Manager Regulatory Services has advised that the owners of Lot 203 (131) Knight 

Terrace, Mr & Mrs Hawes have written to Council asking that the item be deferred to the 

next Council meeting to allow for re-consideration and any amendments to the project. 

The Change of Recommendation from the agenda is as follows: 


That Council defer the consideration of development application 17/2010 – 

Outbuilding Size, Height and Floor Level Variations until the applicant has 

reconsidered and made any amendments to the project. 

Cr Pepworth left the meeting at 12.37am and returned at 12.38am 

Précis 

7/0 CARRIED 

At its ordinary meeting held on the 24 November 2010 Council considered 

development application 17/2010 and resolved to recommend;


A) That the proponent of development application 17/2010 Mr Kevin Laundry be 

advised on behalf of Messrs G & J Hawes of Lot 203 (131) Knight Terrace 

Denham that it is not prepared to consider the application until notice of the 

proposed use or development is served on nearby owners and occupiers in 

accordance with Part 9: Applications for Planning Approval Clause 9.4.3(a) of 

the Shire of Shark Bay Town Planning Scheme No. 3. 

B) That Council initiate an amendment to its Town Planning Scheme No. 3 to 

allow it to vary the height provisions of outbuildings on land subject to 

inundation. 

In accordance with recommendation (A) notice of the proposed use or development 

has been served on nearby owners and occupiers in accordance with Part 9: 

Applications for Planning Approval Clause 9.4.3(a) of the Shire of Shark Bay Town 

Planning Scheme No. 3. 

Submissions from nearby owners and occupiers will be received until 4.00pm 14 

December 2010 and will be tabled at the Council meeting on the 15 December 2010 

when Council will consider development application 17/2010. 

Mr Kevin Laundry on behalf of G & J Hawes of Lot 203 (131) corner of Knight Terrace 

and Fry Court has submitted development application 17/2010 for approval to erect a 

residential outbuilding on this allotment. 

The proposed outbuilding is significantly in excess of the permitted m² area specified 

within the Shire of Shark Bay Town Planning Scheme No. 3 and also its pursuant 

Policies, its plate height also exceeds the specified standard and its floor level will be 

below the 3.200 A.H.D. level required of buildings in this location due to storm surge. 

This report details the application and recommends it only be favourably considered if 

nearby neighbours and occupiers comments do not reflect major concerns and after 

the Shire has finalised an amendment to its Town Planning Scheme that allows it to 

vary the height provisions of outbuildings on land subject to inundation. 

Background 

The proposal is to construct a 14.000 x 12.000 metre residential outbuilding with a 

plate height of 4,500 metres for the purpose of boat, car and trailer storage in 

accordance with the following plan.



The Shire of Shark Bay Town Planning Scheme No. 3 permits a residential 

outbuilding to be no greater than 60m² in area unless the local authority has granted 

specific approval. 

However, the shire has adopted a Local Policy pursuant to its planning scheme that 

allows residential outbuildings to be up to a maximum of 84m² based upon a lot size 

of 1,000 m² with a plate height for the building to be no greater than 3.500 metres. 

Based upon the above criteria the maximum size/area of a residential outbuilding on 

Lot 203 (131) corner of Knight Terrace and Fry Court which is 961 m² in area would 

be 80.7m². What is being proposed is a 168m² outbuilding which is 52% above the 

permissible area and 1.000 metre above the specified plate height. The other issue 

relative to this proposal is that it is within an area that is subject to inundation for 

which the Town Planning Scheme does not permit any buildings to be erected on 

any lot unless the floor level is not less than 3.200 A.H.D. This combined with the 

proposed plate height of 4.500 metres would make the building approximately 5.500 

metres above the existing ground level of the block which could impact significantly 

on the visual amenity of the area and adjoining property. The Town Planning 

Scheme does not permit Council to vary the height provision of any buildings in land 

subject to inundation if the class of building is not referred to in its scheme as being 

discretionary. 

In other words the Council would have to amend its scheme provisions if it wished to 

vary the height of outbuildings in areas subject to inundation. 

Comment 

The major concerns relative to large residential outbuildings relates to; 

• Visual amenity in residential areas 

• Overshadowing of neighbouring properties 

• Industrial activities being carried on in residential areas 

• The conversion of residential outbuildings for habitable purposes 

• Obstruction to view corridors 

The location of the proposed outbuilding on Lot 203 would not pose such a 

significant visual impact on the amenity of the area if it could be built at the existing 

ground level which is approximately 2.300 A.H.D. However, the overall size of the 

outbuilding is of concern in a residential area. 


Shire of Shark Bay Town Planning Scheme No. 3 


All relevant policies pursuant to the scheme. 


Nil 


Each application needs to be carefully considered on its merits and the relevant 

details of the proposal 





COUNCIL ADJOURNED AT 12.41PM 

COUNCIL RECONVENED AT 1.24PM 

13.4 DEVELOPMENT APPLICATION 19/2010 – HELICOPTER TOURS FROM EDEL LOCATION 110 – 

OCEAN PARK 

ITEM WAS DEFERRED UNTIL LATER IN THE MEETING AFTER ITEM 13.2 

13.5 THE ACQUISITION OF UNALLOCATED CROWN LAND FOR EMERGENCY SERVICE 

ORGANISATIONS 

Author 



Declaration of Interest: Cr Cowell 

Nature of Interest: Impartiality Interest and is the Secretary of St John’s Ambulance 

Declaration: Cr J McLaughlin 

Nature: Impartiality Interest as Local unit manager of SES 

Declaration of Interest: Cr Ridgley 

Nature: Impartiality Interest President of VMR 

Declaration : Cr J Hanscombe 

Nature: Impartiality Member of St John’s Ambulance 

Declaration: Cr Hargreaves 

Nature Impartiality Member of Fire Brigade and VMR 

Moved 

Seconded 

Cr Pepworth 

Cr Hargreaves 


That Council pursue the acquisition of Unallocated Crown Land P32762 Lot 

377 Corner of Durlacher Street, Dampier Road and Poland Road with the 

Department for Planning (State Land Services and Assets Management 

Division) for the purpose of locating emergency service organisations on land 

that is Shire vested for Community Purposes or by freehold title of the 

collective emergency organisations. 

7/0 CARREID 

Précis 

Collective emergency service organisations being: FESA, VMR, St John’s Ambulance 

etc are seeking the provision of a suitable land parcel within the Denham Townsite in 

which to co-locate their organisations for the purpose of service provisions to the 

central and regional communities both on land and sea. 

This report identifies a potential suitable land parcel and recommends that Council 

commence the acquisition process to obtain the land with a vesting order for 

Community Purposes and or Free Hold Title held by the collective organisations.


Background 

Currently the individual operation of each emergency service organisation is being 

delivered from separate locations and from old and unsuitable premises throughout 

the Shire. The proposal would be to acquire sufficient unallocated crown land to colocate 

all emergency service organisations in one location. 

There is significant strategic and economic benefits in co-location and service 

delivery from a location that is considered as appropriate by the organisations in 

terms of addressing their respective requirements. 

The land parcel being proposed is unallocated crown land location 377, which has 

three road frontages being, Durlacher Street, Dampier Road and Poland Road and is 

1.0014ha/10,000m² in size. The land is identified on the following plan.



The site is strategically located to access the industrial area, urban areas and rural 

and regional locations via major road networks. Having three road frontages also 

would provide duel access and egress which is important in emergency situations. It 

is also on the fringe of existing residential development which will not be further 

developed in the medium to long term and even than it may not be for residential 

purposes. 

Comment 

The proposed site addresses all the issues effectively from a planning viewpoint. 

However, it has not at this stage been formally considered by each of the 

organisations. 

The land area is well in excess of the land required for the co-location of existing 

emergency service organisations which makes it suitable for the long term. 


The Shire of Shark Bay Town Planning Scheme No. 3. 


All relevant policies pursuant to the Town Planning Scheme. 


There are many economic benefits of co-location in regional areas. 


From a planning viewpoint the identified land parcel is considered a strategic location 

for the purpose of co-located emergency service organisations. 



Signatures 

Author 


J McKechnie 

P Anderson 


13.2 DEVELOPMENT APPLICATION 21/2010 – TELECOMMUNICATIONS FACILITY 

Author 



Declaration of Interest: Cr Cowell


Nature of Interest: Impartiality Interest as Funded by SEWPAC Commonwealth will 

refer to EPBC Act – as Employee of the Department of Environment and 

Conservation 


That Daly International on behalf of Optus Mobile Pty Ltd be advised that 

Council is prepared to grant conditional approval to Development Application 

21/2010 subject to the following conditions; 

1. To be used for the purpose of Telecommunications Facility 

2. To be developed in accordance with the endorsed plan but upon and subject to 

the following condition – 

3. Compliance in all respects with the Building Regulations 1989 (as amended). Two 

sets of working drawings and specifications are required to be submitted with 

the building application. 

4. The layout of the site and the size of the proposed buildings and works shown on 

the endorsed plan shall not be altered for any reason without the consent of the 

Shire’s Planning Officer. 

5. The consent of Council being sought and obtained prior to any change of use of 

the premises. 


finish, such as Colour bond, to the satisfaction of the Shire’s Planning Officer. 

7. The use hereby permitted shall comply with the definition of Telecommunications 

Infrastructure as contained in the Shire of Shark Bay’s Town Planning Scheme 

No 3. 

8. No advertising sign shall be erected without the further approval of the Shire of 

Shark Bay. 


10. Vehicle access driveways to be hardstand and drained to the satisfaction of 

Council. 

11. An application to be made for any signs proposed to be erected on the site. 

12. Fencing of the site to be carried out to the Shire Buildings Surveyor’s 

satisfaction. 

13. Design and materials used in the building and fencing to be to the satisfaction of 

the Shire’s Planning Officer and Building Surveyor. 

14. A clearing permit being obtained from the Department of Environment and 

Conservation for the removal of remanent vegetation. 

This approval is valid for two (2) years from the date of approval. All conditions of 


Note – Failure to complete conditions of approval or commencement of development 

within the two (2) year approval period will result in the approval becoming invalid 

and a new application will be required to be lodged. 


Seconded Cr Hanscombe 

REASON FOR CHANGE IN OFFICER RECOMMENDATION ITEM 13.2 

The Manager Regulatory Services has advised that a change to the Officer 

Recommendation for item 13.2 – Development Application 21/2010 – Telecommunications 

Facility is submitted due to new information being received from Optus, seeking approval to


exercise a portion of the land for the purpose of taking up a lease with the State 

Government. 

The Change of Recommendation from the agenda is as follows: 


That Daly International on behalf of Optus Mobile Pty Ltd be advised that 

Council will grant approval to excise a portion of land identified as 561 (an 

area of 646m²) on deposited plan 69387 from Reserve 1686 for the purpose of 

entering into a lease with the State Government of Western Australia and is 

prepared to grant conditional approval to Development Application 21/2010 


1. To be used for the purpose of Telecommunications Facility. 










the premises. 


finish, such as Colour bond, to the satisfaction of the Shire’s Planning Officer. 

7. The use hereby permitted shall comply with the definition of Telecommunications 

Infrastructure as contained in the Shire of Shark Bay’s Town Planning Scheme 

No 3. 




10. Vehicle access driveways to be hardstand and drained to the satisfaction of 

Council. 

11. An application to be made for any signs proposed to be erected on the site. 

12. Fencing of the site to be carried out to the Shire Buildings Surveyor’s 

satisfaction. 



14. A clearing permit being obtained from the Department of Environment and 

Conservation for the removal of remanent vegetation. 






7/0 CARRIED


Précis 

Daly International on behalf of Optus Mobile Pty Ltd has submitted development 

application 21/2010 for Council approval to develop a telecommunications facility on 

Reserve 1686, Lot 132 on D.P.54332 Monkey Mia Road, Denham. 

This report details the proposal and recommends conditional approval. 

Background 

Daly International has submitted the following detail relevant to its application.




















Development Application 21/2010 under the provisions of the Shark Bay Town 

Planning Scheme No. 3, zoning table, is considered a “D” use which means that it is 

not permitted within any zone unless the Local Government has exercised its 

discretion by granting planning approval therefore, in assessing this application for 

approval the Council needs to be aware of part 10 of the Scheme which details a 

procedure for the assessment of applications; 

PART10: PROCEDURE FOR DEALING WITH APPLICATIONS 

10.1 Consultation with Other Authorities 

10.1.1 In considering an application for planning approval, the local government may 

consult with any other statutory, public or planning authority it considers 

appropriate. 

10.1.2 In the case of land reserved under the Scheme for the purposes of a public 

authority, the local government is to consult that authority before making its 

determination. 

10.2 Matters to be Considered by Local Government 

The local government in considering an application for planning approval is to 

have due regard to such of the following matters as are in the opinion of the 

local government relevant to the use or development the subject of the 

application: 

a) The aims and provisions of the Scheme; 

b) The requirements of orderly and proper planning including any relevant 

proposed new Local Planning Scheme or amendment, or region scheme 

or amendment, which has been granted consent for public submissions to 

be sought; 

c) Any approved statement of planning policy of the Commission; 

d) Any approved environmental protection policy under the Environmental 

Protection Act 1986; 

e) Any relevant policy or strategy of the Commission and any relevant policy 

adopted by the Government of the State; 

f) Any Local Planning Policy adopted by the local government under clause 

2.4 any heritage policy statement for a designated heritage area adopted 

under clause 7.2.2 and any other plan or guideline adopted by the local 

government under the Scheme; 

g) In the case of land reserved under the Scheme, the ultimate purpose 

intended for the reserve; 

h) The conservation of any place that has been entered in the Register 

within the meaning of the Heritage of Western Australia Act 1990, or 

which is included in the Heritage List under clause 7.1 and the effect of 

the proposal on the character or appearance of a heritage area; 

i) The compatibility of a use or development with its setting; 

j) Any social issues that have an effect on the amenity of the locality; 

k) The cultural significance of any place or area affected by the 

development; 

l) The likely effect of the proposal on the natural environment and any 

means that are proposed to protect or to mitigate impacts on the natural 

environment; 

m) Whether the land to which the application relates is unsuitable for the 

proposal by reason of it being, or being likely to be, subject to flooding, 

tidal inundation, subsidence, landslip, bush fire or any other risk; 

n) The preservation of the amenity of the locality;


o) The relationship of the proposal to development on adjoining land or on 

other land in the locality including but not limited to, the likely effect of the 

height, bulk, scale, orientation and appearance of the proposal; 

p) Whether the proposed means of access to and egress from the site are 

adequate and whether adequate provision has been made for the 

loading, unloading, manoeuvring and parking of vehicles; 

q) The amount of traffic likely to be generated by the proposal, particularly in 

relation to the capacity of the road system in the locality and the probable 

effect on traffic flow and safety; 

r) Whether public transport services are necessary and if so, whether they 

are available and adequate for the proposal: 

s) Whether public utility services are available and adequate for the 

proposal; 

t) Whether adequate provision has been made for access for pedestrians 

and cyclists (including end of trip storage, toilet and shower facilities); 

u) Whether adequate provision has been made for access by disabled 

persons; 

v) Whether adequate provision has been made for the landscaping of the 

land to which the application relates and whether any trees or other 

vegetation on the land should be preserved; 

w) Whether the proposal is likely to cause soil erosion or land degradation; 

x) The potential loss of any community service or benefit resulting from the 

planning approval; 

y) Any relevant submissions received on the application; 

z) The comments or submissions received from any authority consulted 

under clause 10.1.1; and 

aa) Any other planning consideration the local government considers 

relevant. 

10.3 Determination of Applications 

In determining an application for planning approval, the local government 

may: 

a) Grant its approval with or without conditions; or 

b) Refuse to grant its approval. 

10.4 Form and Date of Determination 

10.4.1 As soon as practicable after making a determination in relation to the 

application, the local government is to convey its determination to the 

applicant in the form prescribed in Schedule 9 and the date of determination 

is to be the date given in the notice of the local government’s determination. 

10.4.2 Where the local government refuses an application for planning approval the 

local government is to give reasons for its refusal. 

Comment 

Well documented submission that has identified and responded to all the issues that 

may be relevant to Council in considering its approval. 




All relevant Policies pursuant to the Town Planning Scheme.



Identifiable economic benefit by the up-grading of mobile phone networks. 


Telecommunications infrastructure that improves the provision of service in the 

region is of strategic significance. 




13.4 DEVELOPMENT APPLICATION 19/2010 – HELICOPTER TOURS FROM EDEL LOCATION 110 – 

OCEAN PARK 

P2055 

Author 





Moved 

Seconded 

Cr 

Cr 


That the Directors of West Australian Ocean Park Pty Ltd be advised that upon 

assessment and endorsement of further information relevant to Development 

Application 17/2010 Council will conditionally approve/refuse the application 

subject to the following conditions, for the following reasons; 

1. To be used for the purpose of Helicopter Tours from Ocean Park. 










the premises. 

6. The use hereby permitted shall comply with the definition of Recreational Tours 

as contained in the Shire of Shark Bay’s Town Planning Scheme


No 3. 



8. Fencing of the site to be carried out to the Shire Buildings Surveyor’s 

satisfaction. 



10. A clearing permit being obtained from the Department of Environment and 

Conservation for the removal of remnant vegetation. 







Reason: 

Previous Council minutes asked for a site plan and it has not been supplied. 

Moved 

Seconded 

Cr Pepworth 

Cr McLaughlin 


That the matter be deferred until a site plan is to be supplied before Council 

will consider approval of the development application 19/2010 Helicopter 

Tours from Edel Location 110 – Ocean Park. 

6/1 CARRIED 

Précis 

At its ordinary meeting held on the 24 November 2010 Council considered 

Development application 19/2010 and resolved to recommend; 

That the Directors of West Australian Ocean Park Pty Ltd be advised that 

Council will consider conditional approval for Development Application 19/2010 


a) The submission and approval of a site plan that clearly identifies; 

1. The location of the Helipad on Edel Location 110 – Ocean Park in 

relation to other existing amenities. 

b) Details being provided relative to the access to the helipad site and the 

security and safety measures in place. 

c) Details relative to the helipad site relative to its size and construction. 

In accordance with the above recommendation, the Directors of West Australian 

Ocean Park Pty Ltd have been advised of Councils request for further information prior 

to the consideration of approval of Development Application 19/2010. 

This report details the application with the addition of a further submission from the 

proponent in relation to the proposal. The submission will be tabled at the Council 

meeting on the 15 December 2010. 

In support of the application the Directors have submitted the following information:


The Directors of West Australian Ocean Park are writing to you in order to seek 

permission to conduct Helicopter tours within the Shire of Shark Bay. We aim to 

conduct flights over the Shark Bay Marine Park and surrounded areas, with the only 

point of contact being the Ocean Park Heli-Pad, located at Latitude 25º 58 798 South 

and Longitude 113º 33 549 East. (Point of contact being the area where the 

Helicopter is housed and also the area from which the Helicopter is housed and also 

the area from which the Helicopter will take off and land). 

The helicopter to be used is a Robinson R44. This is a small 4 seater aircraft and 

will be commissioned by Heli-West. For further information on the specifications of 

this aircraft, please contact Alan Bailey at alan@heliwest.com.au. The helicopter will 

be operated and maintained according to Civil Aviation Safety Authority standards. 

The helicopter tours will be operated between 8am and 6pm for a maximum of 6 

days per week. We are seeking permission to conduct the helicopter tours during 

the school holiday periods only. Such holidays will generally fall in, but are not 

restricted to, the months of April, July, October, December and January. Please 

note that there are conditions set out by the Civil Aviation Safety Authority relating to 

the hours and times of aircraft operation in emergency situations that can supersede 

any sanctions placed on aircraft movement and operation by Local Government and 

Government bodies. 

When in operation, the aircraft will maintain an altitude of no less than 1000ft above 

sea level and will avoid any protected areas such as Sanctuary Zones and bird 

nesting sites. The aircraft will also maintain an altitude of no less than 1000ft above 

any cetacean, as request by Marine Park coordinator David Holley from the 

Department of Environment and Conservation Shark Bay. 

Please notify us on any further sanctions or restrictions you wish to place on the 

operation of the aircraft and associated scenic tours. Additionally, if you require any 

further information on the proposed helicopter tours, please contact Edmund Fenny 

of Ocean Park on the details proved. 

Development application 19/2010 is not an identified use within the Shire of Shark 

Bay Town Planning Scheme No. 3, therefore in consideration of this application 

Council needs to be aware of Part 10 of the Scheme which details a procedure for 

the assessment of applications: 

PART10: PROCEDURE FOR DEALING WITH APPLICATIONS 

10.1 Consultation with Other Authorities 

10.1.1 In considering an application for planning approval, the local government may 

consult with any other statutory, public or planning authority it considers 

appropriate. 

10.1.2 In the case of land reserved under the Scheme for the purposes of a public 

authority, the local government is to consult that authority before making its 

determination. 

10.2 Matters to be Considered by Local Government 

The local government in considering an application for planning approval is to 

have due regard to such of the following matters as are in the opinion of the 

local government relevant to the use or development the subject of the 

application:


a) The aims and provisions of the Scheme; 

b) The requirements of orderly and proper planning including any 

relevant proposed new Local Planning Scheme or amendment, or 

region scheme or amendment, which has been granted consent for 

public submissions to be sought; 

c) Any approved statement of planning policy of the Commission; 

d) Any approved environmental protection policy under the 

Environmental Protection Act 1986; 

e) Any relevant policy or strategy of the Commission and any relevant 

policy adopted by the Government of the State; 

f) Any Local Planning Policy adopted by the local government under 

clause 2.4 any heritage policy statement for a designated heritage 

area adopted under clause 7.2.2 and any other plan or guideline 

adopted by the local government under the Scheme; 

g) In the case of land reserved under the Scheme, the ultimate purpose 

intended for the reserve; 

h) The conservation of any place that has been entered in the Register 

within the meaning of the Heritage of Western Australia Act 1990, or 

which is included in the Heritage List under clause 7.1 and the effect 

of the proposal on the character or appearance of a heritage area; 

i) The compatibility of a use or development with its setting; 

j) Any social issues that have an effect on the amenity of the locality; 

k) The cultural significance of any place or area affected by the 

development; 

l) The likely effect of the proposal on the natural environment and any 

means that are proposed to protect or to mitigate impacts on the 

natural environment; 

m) Whether the land to which the application relates is unsuitable for the 

proposal by reason of it being, or being likely to be, subject to 

flooding, tidal inundation, subsidence, landslip, bush fire or any other 

risk; 

n) The preservation of the amenity of the locality; 

o) The relationship of the proposal to development on adjoining land or 

on other land in the locality including but not limited to, the likely effect 

of the height, bulk, scale, orientation and appearance of the proposal; 

p) Whether the proposed means of access to and egress from the site 

are adequate and whether adequate provision has been made for the 

loading, unloading, manoeuvring and parking of vehicles; 

q) The amount of traffic likely to be generated by the proposal, 

particularly in relation to the capacity of the road system in the locality 

and the probable effect on traffic flow and safety; 

r) Whether public transport services are necessary and if so, whether 

they are available and adequate for the proposal: 

s) Whether public utility services are available and adequate for the 

proposal; 

t) Whether adequate provision has been made for access for 

pedestrians and cyclists (including end of trip storage, toilet and 

shower facilities); 

u) Whether adequate provision has been made for access by disabled 

persons; 

v) Whether adequate provision has been made for the landscaping of 

the land to which the application relates and whether any trees or 

other vegetation on the land should be preserved; 

w) Whether the proposal is likely to cause soil erosion or land 

degradation; 

x) The potential loss of any community service or benefit resulting from 

the planning approval;


y) Any relevant submissions received on the application; 

z) The comments or submissions received from any authority consulted 

under clause 10.1.1; and 

aa) Any other planning consideration the local government considers 

relevant. 

10.3 Determination of Applications 

In determining an application for planning approval, the local government 

may: 

c) Grant its approval with or without conditions; or 

d) Refuse to grant its approval. 

10.4 Form and Date of Determination 

10.4.1 As soon as practicable after making a determination in relation to the 

application, the local government is to convey its determination to the 

applicant in the form prescribed in Schedule 9 and the date of determination 

is to be the date given in the notice of the local government’s determination. 

10.4.2 Where the local government refuses an application for planning approval the 

local government is to give reasons for its refusal. 

Comment 

Issues that I believe may be relevant to the assessment of this application would 

relate to the following: 

a) Requires an approved site plan that details the location of the helipad in relation 

to existing amenities, how it is accessed by the public and what safety measures 

are in place to restrict the public access to the helipad site. 

b) The compatibility of a use or development with its setting. 

c) The preservation of the amenity of the locality. 

d) Whether the proposal is likely to cause soil erosion on land degradation. 



Civil Aviation Safety Authority Standards. 


All relevant policies pursuant to the Town Planning Scheme. 


Local Community economic benefit by the provision of tourist attractions/amenities. 


All viable tourist activities have an overall net economic benefit within the Shire and 

this particular proposal has the ability to value add iconic sites. 





14.0 TOURISM, RECREATION AND CULTURE REPORT 

14.1 SHARK BAY WORLD HERITAGE DISCOVERY & VISITOR CENTRE FORECOURT 

Author 

Manager 

Shark Bay World Heritage Discovery & Visitor Centre 


Declaration of Interest: Cr Hanscombe 

Nature of Interest: Proximity Interest as has a Business next Door 

Cr Hanscombe left the meeting at 1.40pm 

Moved 

Seconded 

Cr Hargreaves 

Cr Ridgley 


That Council approve the placement of the ‘Velsheda” in the forecourt of the 

Shark Bay World Heritage Discovery and Visitor Centre. 

6/0 CARRIED 

Background 

Shark Bay World Heritage Discovery and Visitor Centre was constructed to celebrate 

the region’s inscription on the UNESCO World Heritage list and to recognize Shark 

Bay’s significant history, including maritime history. 

The museum houses many artefacts associated with maritime exploration and the 

fishing, pearling and pastoral industries. The Velsheda has an extensive history as 

the Hoult’s “pride of the fleet” working in all three industries. It is currently housed in 

the Shire Works Depot having been renovated for the purpose of display in 2002. 

The forecourt of the Discovery and Visitor Centre has recently undergone an 

upgrade and is soon to have a significant memorial to the HMAS Sydney II added. 

The addition of the Velsheda would make a significant contribution to the visual 

impact on potential visitors to the Centre. 

The relocation is also in keeping with plans to further recognise Shark Bay’s 

maritime history with the celebration of the four hundred (400) year anniversary of 

Dirk Hartog’s landing. 

The vessel could be protected from vandalism and the southerly winds by the 

construction of a clear polycarbonate fence. Lighting and signage would also be 

required. 

The location proposed is against the northern wall of the adjoining property with the 

stern of the vessel approximately one metre forward of the façade of the Discovery 

and Visitor Centre. 


NIL



NIL 


Relocation of the Velsheda from the works depot would require the services of the 

outdoor crew, the hire of a crane, fencing, lighting and signage. There is an 

allocation of $4,000.00 in the Maintenance Velsheda/Galla budget to cover these 

costs. 


Nil 




Cr Hanscombe returned to the meeting at 1.45pm 

15.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 

Nil 

16.0 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION 

Moved 

Seconded 

Cr Hargreaves 

Cr Pepworth 


That Council accept the tabling of the urgent business items 16.1, 16.2, 16.3 

and 16.4. 

7/0 CARRIED 

16.1 Butchers Track Fence Line 

WC100 

Author 



Declaration of Interest: Cr Wake 

Nature of Interest: Financial Interest as Neighbour 

Cr Wake left the meeting at 1.47pm.



Seconded Cr Pepworth 


That the Works Committee recommend to Council that: 

The Council provide funding of $15,000 in the 2011/2012 draft budget to 

establish a new fence line at a cleared width of 10 metres approximately 50 

metres further into Hamelin Station from the existing fence line that is 

contiguous to the northern boundary of the Butchers Track road surface. 

Moved: Cr Ridgley 

Seconded: Cr Hargreaves 

Amended Recommendation 

Reason: 

The Council felt that the resolution should indicate a clear benefit be for the Shire 

and included a motion that included the gazettal of the land as part of the Road 

Reserve. 


The Council provide funding of $15,000 in the 2011/2012 draft budget to 

establish a new fence line at a cleared width of 10 metres approximately 50 

metres further into Hamelin Station from the existing fence line that is 

contiguous to the northern boundary of the Butchers Track road surface and 

this section be gazetted as part of the existing road reserve. 

5/1 CARRIED 

Background 

The works supervisor has provided the following information in regard to the recommendation 

of the Works Committee meeting held at the Overlander Hall on the 19 November 2010 

That the Works Manager research the costs to clear a fence line 11kms in 

length approximately 50 metres further into Hamelin Station from the current 

fence line on the Northern boundary of the Butchers Track at a cleared width 

of 10 metres and report back to a meeting of the Works Committee at a date to 

be confirmed. 

Contact was made with two Geraldton and one local contractor in regard to the costs involved 

to clear the fence line along the Butchers Track, in accordance with the recommendation 

made at the Works Committee meeting held on the 19 November 2010. 

The local contractor, although he advised his opinion, said that due to other commitments and 

time constraints he would not be able to do the works involved. He also advised that in his 

opinion the cost would be between $5,000 and $10,000 depending on availability of float for 

mob and demob purposes. 

Below is a table with three approximated prices. The general consensus was that a bull dozer 

in the D7 to D8 caterpillar range or equivalent would be able to clear the proposed new fence 

line at about 3 to 5 Km’s per day depending on the density of the vegetation to be cleared. So


a compromised speed of 4 Km’s per day was used in the calculations for costs. The Shire 

grader was used in all costs for the grading portion of the contract and the Shire loader was 

used as the machine to do the clearing within the Shire’s price. I would not recommend placing 

the Shires loader in this type of clearing as the risk of staking tyres is very high. If a tyre was to 

be staked then the cost of tyre replacement would out way any price saving gained by using 

Shire machinery to clear the vegetation along the new fence line. The Shire’s excavator was 

considered and even though it could do the work, its lack of speed whilst clearing increases its 

overall cost well beyond that of the other three prices. As can be seen, all the pricing is 

reasonably close but I emphasise that these are approximated costs but I don’t envisage that 

they will be far from actual costs. 

Contractor Northcoast Malibu Shire of Shark Bay 

Machine D7 D8 Loader L70E 

Price $5,400 $6,300 $6,500 

Grading $4,490 $4,490 $4,490 

Mob $1,375 $1,375 $775 

Demob $1,375 $1,375 $775 

Accommodation/ 

Meals 

$510 $510 $850 

Total $13,150 $14,050 $13,390 

Comment 

As the committee is aware the implications associated with supporting a request of 

this nature may set a precedent that has significant ongoing cost implications to the 

Council. 

The site inspection evidenced issues with the fence line of sections in the vicinity of 

the road, however there are a number of contributing factors beyond the 

responsibility of the Council associated with the deterioration of the fence. 

The issue of a contribution towards the reconstruction of a fence line 50 metres north 

from the existing fence without significant benefit to the Council would be difficult to 

justify. 

The Butchers Track road way also veers away from the fence line and it would be 

proposed that the costs associated with the clearing of this section of the fence line 

be borne by Hamelin Station. 

There is an obligation on a property owner to establish and maintain an adequate 

boundary fence and that is adjacent to a public road way. 

The current state of the Hamelin Station boundary fence adjacent to the Butchers 

Track would be difficult to be described as a fence adequate for the purposes of 

which it was originally constructed purpose. 

However there would be an advantage to the Council for the fence to be relocated. 

The relocation 50 metres to the north of the existing fence line adjacent to the 

roadway would provide a far greater area of road verge. 

This would provide sufficient room for the Council over time to shift the roadway to 

the north and alleviate the same situation occurring on the southern boundary fence.


The relocation would also provide sufficient room to lose any spoil and to install 

offshoots to drain the water away from the roadway. 

The installation of drains would provide for a greater degree of trafficable surface 

during rain events and assist in eth long term maintenance of the road surface. 

This proposal would of course be dependant upon the agreement of the lessee of 

Hamelin Station gifting the area of land from the current fence line to the proposed 

new fence line approximately 50 metres in from the present location. 

This area would then be required to be surveyed and the new area to be gazetted as 

part of the Butchers Track. There would be costs associated with the surveying and 

gazettal process. These could be borne by the Council in conjunction with other 

statutory advertising obligations. In the interim a memorandum of understanding 

could be established to ensure that all parties are fully cognisant of their obligations 

in regard to the area of land concerned. 


Nil 


Nil 


Recommendation is to include funding in 2011/2012 draft budget. If approved by the 

Council this will impact upon available funding for other projects in the 2011/2012 

financial year 


Nil 


Simple Majority Required 


Cr Wake returned to the meeting at 2.08pm 

16.2 SOLAR PANELS / BUILDING LICENCE APPROVAL 

Author 





Moved 

Seconded 

Cr Hargreaves 

Cr



A) That Council require building approval to be obtained for the installation of 

solar panels attached to dwellings, outbuildings and or grid mounted 

construction. 

OR 

B) That Council advise that it does not require building approval to be 

obtained for the installation of solar panels or grid mounted constructions. 

Moved 

Seconded 

Cr Pepworth 

Cr Ridgley 


That council have a short adjournment. 

7/0 CARRIED 

Council adjourned at 2.38am 

Council Reconvened at 3.00pm 

Moved 

Seconded 

Cr Hargreaves 

Cr Ridgley 


Reason: 

Council wish to maintain some control on the installation of systems to reduce 

potential impact on adjoining properties. 


That Council advise that it does not require building approval to be obtained 

for the installation of solar panels attached to the roof of residential dwellings, 

however grid mounted constructions in residential areas will require a building 

permit. 

Précis 

6/1 CARRIED 

The question has been raised as to whether or not the attachment of solar panels to 

the roof of a dwelling or installed as a land based grid requires the issue of a building 

license approval. This report details the issues and provides Council with two alternate 

recommendations. 

Background 

Under the provisions of the Building Code of Australia the following applies: 

a) Any structure erected on a property is considered to be a building if it is above 

600mm in height. 

b) Any attachment to a building if it is not an integral part of the building is 

considered to be an addition.


c) The Builders Registration Board believes that if the panels are not an integral 

part of the building structure they are not considered building additions. 

However, in cyclonic regions they believe that a legal opinion would need to be 

obtained. 

d) The Shire of Carnarvon requires a Building License. The Shire of Karratha is 

undecided at this stage and the Town of Geraldton does not require a Building 

License. 

e) While the Shire of Shark Bay is in the same wind region as Geraldton it has 

adopted the higher wind rating of Region “C” category 2 therefore ensuring a 

higher construction standard for dwellings in Shark Bay. 

Comment 

The reason that I would consider a building license is required relates to the 

structural integrity of the fixing of the panels to variable roof structures in cyclonic 

regions. While I believe that you need to be a licensed installer, no engineer is 

certifying the structural integrity of the fixing to the roof structures. Therefore if 

panels were to become detached from the dwelling during strong winds and cause 

injury or damage to other property or persons the owner would have no recourse to a 

responsible person and could therefore be libel for the cost of any damage/injuries 

caused. 

I believe that the solar panels should be licensed to ensure that their attachment to 

any dwelling, outbuilding or grid mounting is in accordance with structural design 

specifications certified by a structural engineer. This would place the onus of the 

installation onto the license holder who would be responsible to ensure that the 

panels were attached in accordance with the manufacturers specifications and the 

structural integrity of the fixings were in accordance with the approved plans. 


The Building Code of Australia 


All relevant policies pursuant to the Town Planning Scheme 


Building License application fees applicable 


Environmental sustainability is important for all communities to embrace, however it 

needs to have relevant safeguards in place to protect consumers. 




16.3 CHIEF EXECUTIVE OFFICERS PERFORMANCE INDICATORS 

Author 

Chief Executive Officer



Declaration of Interest: Mr Paul Anderson 

Nature of Interest: Impartiality Interest as an Employee of Council the Chief 

Executive Officer 

Moved 

Seconded 

Cr Pepworth 

Cr Hanscombe 


That the Key Performance indicators as attached and agreed with the Chief 

Executive Officer be adopted for the Chief Executive Officers performance 

review to be conducted in October 2011. 

7/0 CARRIED 

Background 

A workshop with Council was held on 3 December 2010 conducted by Mr John Philips from 

Workplace Solutions established the key performance indicators for the Chief Executive 

Officer. 

This process was carried out to ensure compliance with the contract terms agreed with the 

Chief Executive Officer and the recommendations contained with the Local Government 

Inquiry into the Shire of Shark Bay 

Comment 

The key performance indicators were developed from the Council Forward Plans 

and current projects. Timelines were assigned to the specific projects and were 

combined with some criteria contained within the Chief Executive Officer’s contract 

of employment. 

These will be measured on an annual basis in accordance with the contract and the 

Local Government Act. 

The performance indicators contained within the attached document have been 

reviewed by the Chief Executive Officer and found to be acceptable. 

The Council also needs to recognise that the key performance indicators cross 

budget years and sufficient resources need to be contained within future budgets to 

ensure that there is the ability to adequately address the items contained within the 

agreed document. 


The Local Government Act requires that the performance of the Chief Executive 

Officer must be reviewed on an annual basis. 


Nil 


The review of the Chief Executive Officer’s performance annually can also be tied 

to a remuneration review or performance bonus. 


Nil 

Voting Requirements


Simple Majority Required 




Annual Performance Review 

Mr Paul Anderson 

September 2011


Introduction 

The Chief Executive Officer of the Shire of Shark Bay is to be assessed against three Key Result Areas and their associated objectives viz:. 

1. Major Projects 

2. Governance Support to Council 

3. Operational Management 

All Performance Criteria, when grouped together, contribute to an overall rating of the Chief Executive Officer. 

Councillors are requested to consider, rate and provide comments for each subject/outcome within each Key Result Area. They area also requested to 

provide an overall rating for each Key Result Area as well a summary rating for all Key Result Areas.


KEY RESULT AREA 1 - MAJOR PROJECTS 

(INC GASCOYNE REVITALISATION PLAN) 

Subject Outcome By When Rating Comments 

1.1 Community multi purpose Rec 

Centre 

1.2 Restoration of Monkey Mia 

Jetty 

Report to Council 

(tender process) 

Construction 

commenced 

• Finalise business 

case 

• Construction 

commenced 

Feb 2011 

July 2011 

• March 2011 

• Nov 2011 

1. Achieved 

2. Not Achieved 

3. In Progress 

Unable to Rate 

1. Achieved 




1.3 New Denham Recreational 

Jetty 

• Finalise concept 

plan 

• Business case 


commenced 

1.4 Sydney II Memorial • Business case 


commenced 

1.5 Town Entry Statement Report to Council on 

concept options 

Business case 

Construction 

commenced 

• March 2011 

• April 2011 

• Nov 2011 

• March 2011 

• Oct 2011 

Feb 2011 

April 2011 

August 2011 

1. Achieved 




1. Achieved 




1. Achieved 



Unable to Rate



(CONTINUED) 


1.6 Denham Marina Initiate public 

consultation process 

1.7 Re-housing Shire 

Administration 

1.8 Sustainable Energy Program 

for Shire facilities 

Explore options and 

present draft 

discussion paper to 

Council 

Commence 

installation 

June 2011 1. Achieved 




April 2011 1. Achieved 








1.9 Tourism Strategy Draft discussion paper Dec 2011 1. Achieved 



1.10 Emergency Services Precinct • Submit grant 

application to 

FESA 

• Acquire land 

End of April 

2011 

April 2011 


1. Achieved 




1.11 Shark Bay 2016 Celebrations Conduct initial 

meeting of steering 

committee 

Formulate draft 

strategy 

March 2011 

March 2011 

1. Achieved 



Unable to Rate



(CONTINUED) 


1.12 Establish GP Practice in the 

Shire 

Feasibility report to 

Council 





KEY RESULT AREA 1 

Rating: 

Mr. Anderson’s achievements in relation to the Shire’s Major Projects has been: 

Outstanding 

 

(Please choose one only) 

Summary Comments: 

Highly Satisfactory 

 

Satisfactory 

 

Marginal 

 

Inadequate/ 

Unsatisfactory 

 

Unsure/Unable to Rate


KEY RESULT AREA 2 - GOVERNANCE SUPPORT TO COUNCIL 


2.1 Effective Liaison with the 

President 

Is this a bit subjective? How can 

other councillors judge this? 

2.2 Effective support and advice to 

Councillors this would appear to 

overlap with 2.4 

2.3 Training & Development 

program for Elected Members 

2.4 Well researched and 

appropriate reports and 

recommendations to Council 

Draft program to be 

established with 

relevance to individual 

councillors needs. 

Comprehensive 

reports 

and 

appropriate advice 

provided 

in 

accordance with 

relevant acts, policies 

and procedures. 

Ongoing 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 

Unable to Rate 


2. Meets 

3. Does Not 

Meet 

Requirements 


June 2011 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 



2. Meets 

3. Does Not 

Meet 

Requirements 

Unable to Rate



(CONTINUED) 


2.5 Implement recommendations 

from DLG Inquiry Report 

All six (6) 

recommendations 

implemented. 

March 2011 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 


2.5 Review Council policies and 

local laws 

Progressively review 

Dec (annually) 

June/July 2011 

1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 


2.6 Develop Financial Plan Jan 2011 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 

Unable to Rate



(CONTINUED) 


2.7 Develop Strategic Plan • Draft 

• Consultation 

• Completion 

• Implementation 

• May 2011 

• June 2011 

• October 

2011 

• On-going 

1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 


2.8 Draft Town Planning Strategy Present report to 

Council 

July 2011 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 

Unable to Rate



Rating: 

Mr. Anderson’s performance in relation to his Governance Support to Council of the Shire has been: 

Outstanding 

 



 

Satisfactory 

 

Marginal 

 

Inadequate/ 


 

Unsure/Unable to Rate 

 

Summary Comments:


KEY RESULT AREA 3 - OPERATIONAL MANAGEMENT 


3.1 Staff Training Program Develop program Feb 2011 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 


3.2 Works Program Manage Shire’s 

construction program 


2. Meets 

3. Does Not 

Meet 

Requirements 


3.3 Asset Management 

Replacement program 

Develop program June 2011 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 

Unable to Rate


KEY RESULT AREA 3 - OPERATIONAL MANAGEMENT 


3.4 Staffing requirements and 

resources 

Develop a Shire HR 

Management Plan, 

including review of 

functions and job 

descriptions 

Feb 2011 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 


3.5 HR Policies & Procedures Review June 2011 1. Exceeds 

2. Meets 

3. Does Not 

Meet 

Requirements 

Unable to Rate



Rating: 

Mr. Anderson’s achievements in relation to Operational Management of the Shire has been: 

Outstanding 

 


Summary Comments: 


 

Satisfactory 

 

Marginal 

 

Inadequate/ 


 

Unsure/Unable to Rate


OVERALL RATING & REVIEWER'S COMMENTS 

Mr. Anderson’s performance as CEO during the review period (28 th September 2010 to September 2011)has been: 

Outstanding 

 

(Please tick one box) 


 

Satisfactory 

 

Marginal 

 

Inadequate/ 


 

Unsure/Unable to Rate 

 

Comments and Questions:


16.4 FORWARD CAPITAL WORKS PLAN 

Author 

Accountant 




Moved 

Seconded 

Cr Hargreaves 

Cr Ridgley 

Recommendation 

(a) That Council adopt a Forward Capital Works Plan, as amended, and 

for this to be forwarded to the Department of Regional Development 

and Lands; 

(b) That Council set priorities for projects, inclusive of priorities for each 

year of the Plan. 


Reason: The Council felt that the priorities could be set when setting 

the budget in June 2011. 


That Council adopt a Forward Capital Works Plan, as amended, and for 

this to be forwarded to the Department of Regional Development and 

Lands; 

7/0 CARRIED 

Background 

In April 2010 Council was invited by the Department of Regional Development and 

Lands to apply for funding to undertake a study of a five year Forward Capital Works 

Plan. 

Council successfully sought funding totalling $35,000 (from the 2009/10 Country 

Local Government Fund or CLGF - monies) to engage a consultant to undertake the 

plan which is limited to infrastructure planning only (IE: It excludes plant, furniture 

and equipment). 

The agreement with the Department of Regional Development and Lands requires 

Council to adopt a Forward Capital Works Plan, which includes priorities for projects 

and for the Plan to be submitted to that Department by no later than 31 December 

2010. 

For the information of Councillors, the Department of Regional Development will not 

release any further Country Local Government Funds monies to any Council which 

does not complete and adopt a Forward Capital Works Plan and submit a copy to 

them.

ORDINARY COUNCIL MINUTES – 15 DECEMBER 2010 100 

Comment 

A draft Forward Capital Works Plan has now been completed by Council's 

consultant, and it is supplied to Councillors as a separate documents and an 

attachment to this report. 

Supplied within the Forward Capital Works Plan document is an “Affordability 

Summary”, so as to show that what has been included in the draft Plan is achievable 

and affordable. Provision has been included within the Plan for the employment of an 

extra staff member in 2011/12, and another in 2014/15, as staff numbers are below 

what they were some 6 years ago. 

The adjusted annual operating figures have been prepared on known data as at 8 th 

December 2010, and should be viewed as being optimistic, and a “best case” 

scenario. For example, Council's FAGs grant increase for the current year were just 

over 7% for the untied portion and about 5.5% for the road allocation, and these 

have been extended into the following 4 years. There is a chance that this may well 

be the case, but the Grants Commission is currently assessing as to whether it 

should change its formulas for the calculations of such grants, and this could 

possibly have detrimental effects on the allocations to this Council. 

A positive note is that Councils in regional WA are fortunate in receiving Royalties for 

Regions grants, and the Shire of Shark Bay Council will receive $1,092,547 over a 3 

years period. As well, there will be monies going into a ‘regional’ fund of at least 

$893,902 which Council may be able to access. Discussions have been held on 

regional projects, which have included Solar Power, Regional Waste Services 

[Mobile Crushing Plant], and Underground Power. If these Grants continue beyond 

2013, then Council may be able to access addition monies, of over $1.3 million, 

which might be able to be used for Aged Units construction. 

For new projects, the Plan includes the estimated gross costs and identifies the 

expected sources of funding. For certain items, provisions have also been made for 

the On-Going costs relating to the particular item as well as provision of annual 

allocations of monies, to be set aside into Reserves, for the renewal costs relating to 

various new projects. 

The draft Forward Capital Works Plan includes a list of the items included to date, 

which total over $27.66 million over the 5 year period. These are large projects, with 

high costs, but they also include items to be funded by the Gascoyne Revitalisation 

Program. 

The largest single item is that of the establishment of a Marina in Denham, at a cost 

of some $10 million. This grant may be given to Council, or it may be given to the 

Marine Division of the Department of Transport, and for them to be the constructing 

authority. 

Buildings are the other area of major expenditure emphasis. Movement of Council's 

Administration Offices from the current location to either next to the Hall, or the old 

School site, is a most important item for consideration. 

Further, the Council has only 4 houses, and construction of additional houses should 

also be viewed as a priority. The draft Plan provides for one house to be built in 

2011/12 and another in 2014/15. The latter may have to be reassessed later, as 

Council's ‘Gross Debt to Revenue’ Ratio may be a little high in the 2014/15 year.

ORDINARY COUNCIL MINUTES – 15 DECEMBER 2010 101 

There are quite a number of Marine items proposed, which will help develop 

Denham. 

As can be expected, Roads are also major items, and they are prominent in every 

year. The road items all have special road grants applicable to such works. 

All the items that have been able to be included in the draft Plan will be further 

discussed at the Council meeting. 


Nil 


Nil 


Before any Country Local Government Fund (CLGF) Grant funding will be released, 

The Forward Capital Works Plan must be adopted by Council and approved by the 

Department of Regional Development and Lands (RDL). Funding will also be 

conditional on the RDL approving individual project business plans and project 

approval. 


Future Projects 




ORDINARY COUNCIL MINUTES – 15 DECEMBER 2010 102








ORDINARY COUNCIL MINUTES – 15 DECEMBER 2010 110







17.0 MATTERS BEHIND CLOSED DOORS 

Moved 

Seconded 

Cr Ridgley 

Cr Pepworth 


That the meeting be closed to members of the public in accordance with 

section 5.23(2) of the Local Government Act 1995 for Council to discuss 

matters of a confidential nature. 

7/0 CARRIED 

Mr P Anderson, Mr J McKechnie and Mrs R Mettam left Council Chamber at 3.49pm. 

Moved 

Seconded 

Cr Ridgley 

Cr Hargreaves 


That the meeting be reopened to members of the public. 

7/0 CARRIED 

Mr P Anderson, Mr J McKechnie and Mrs R Mettam re-entered the Council Chamber at 4.00 

pm 

The President at 4.01pm read aloud the Council decision that had taken place 

during the time the meeting was closed to the public for the benefit of Council 

staff. 

Moved 

Seconded 

Cr Pepworth 

Cr Ridgley 


That the employment contract of the Chief Executive Officer, Mr Paul Anderson 

be confirmed as at the 15 December 2010 in advance to the 3 month 

probationary period due to expire on 29 December 2010. 

7/0 CARRIED 

18.0 DATE AND TIME OF NEXT MEETING 

The next Council meeting will be held on the 23 February 2011 commencing at 

9.00am in Council Chambers. 

19.0 CLOSURE OF MEETING 

President declared the meeting closed at 4.06pm

Minutes 15-12-10 - Shire of Shark Bay

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