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Minutes <strong>of</strong> the <strong>Ordinary</strong> meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> <strong>Shire</strong> Council held in the Council<br />

Chamber Denham on Wednesday 30 May 2007<br />

TABLE OF CONTENTS<br />

1.0 DECLARATION OF OPENING 3<br />

2.0 RECORD OF ATTENDANCES / APOLOGIES / LEAVE OF ABSENCE GRANTED 3<br />

3.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS ON NOTICE 3<br />

4.0 PUBLIC QUESTION TIME 3<br />

5.0 APPLICATIONS FOR LEAVE 3<br />

6.0 PETITIONS 3<br />

7.0 CONFIRMATION OF MINUTES 3<br />

8.0 ANNOUNCEMENTS BY THE CHAIR 4<br />

9.0 PRESIDENT'S REPORT 4<br />

10.0 COUNCILLORS' REPORTS 5<br />

11.0 TOWN PLANNING REPORT 7<br />

11.1 Local Tourism Planning Strategy - <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> 7<br />

11.2 Development Application 14/2007 - Factory/Workshop 65 (Lot 325) Vlamingh Crescent, 21<br />

Denham - D and M Graham<br />

11.3 Development Application 15/2007 - Building Setback Variation 77 (Lot 115) Hughes 24<br />

Street - D and M Rock<br />

11.4 Subdivisional Proposal - Lot 1 Edel Location Nanga Road, Nanga 26<br />

11.5 Outline Development Plan Part North Location 59 - Denham Road 29<br />

These minutes were confirmed as a true and accurate record at the <strong>Ordinary</strong> Council meeting held on<br />

27 June 2007<br />

______________________________


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 2<br />

11.6 Residential Development Design Guidelines - Stella Rowley Drive Subdivision 32<br />

12.0 BUILDING REPORT 33<br />

13.0 HEALTH REPORT 33<br />

14.0 REPORTS BY STAFF 33<br />

15.0 WORKS REPORT 34<br />

15.1 Works Committee Meeting 34<br />

15.1.1 Works Committee Meeting Minutes 27 February 2007 34<br />

15.1.2 Works Committee Meeting 29 May 2007 39<br />

16.0 TOURISM, RECREATION AND CULTURE REPORT 41<br />

16.1 Denham Marine Facilities Management Committee 41<br />

16.1.1 Denham Marine Facilities Management Committee Meeting Minutes 1 December 2006 41<br />

16.1.2 Denham Marine Facilities Management Committee Meeting 7 May 2007 45<br />

16.2 <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management Committee 51<br />

16.2.1 <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management Committee Minutes 8 51<br />

December 2006<br />

16.2.2 <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management Committee Meeting 23 May 55<br />

2007<br />

16.3 Gascoyne District Display - Perth Agricultural Royal Show 2007 58<br />

17.0 ADMINISTRATION REPORT 61<br />

17.1 <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Parliamentary Working Group 61<br />

17.2 Policy 8.1 Annual Leave 63<br />

17.3 Review <strong>of</strong> Register <strong>of</strong> Delegations 66<br />

18.0 FINANCE 80<br />

18.1 Financial Reports to 30 April 2007 80<br />

18.2 Schedule <strong>of</strong> Accounts for Payments 81<br />

18.3 Sale <strong>of</strong> Merchandise at <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre 82<br />

18.4 Financial Assistance and Donation Requests for 2007/08 83<br />

18.5 Rates - Differential Rates 86<br />

18.6 Fees and Charges 2007/08 89<br />

19.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 102<br />

20.0 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 102<br />

21.0 INFORMAL DISCUSSION 102<br />

22.0 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION 103<br />

23.0 MATTERS BEHIND CLOSED DOORS 103<br />

23.1 <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Historical Artefacts 103, 109<br />

23.2 Woodleigh Byro Road 108, 109<br />

23.3 Monkey Mia Jetty 108, 110<br />

24.0 DATE AND TIME OF NEXT MEETING 110<br />

24.1 Wednesday 27 June 2007 at 9.00 am. 110<br />

25.0 CLOSURE OF MEETING 110<br />

26.0 INFORMATION BULLETIN 111<br />

26.1 Chief Executive Officer's Report - May 2007 111<br />

26.2 Manager Regulatory Services Report 112<br />

26.3 Building Applications Processed 114<br />

26.4 Summary <strong>of</strong> Building Construction Applications 2006/2007 114<br />

26.5 Works Supervisor's Report 114<br />

26.6 <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Monthly Activity Report 114<br />

26.7 Building Healthy Communities Project 117<br />

26.8 Other Specific Information Items 118


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 3<br />

Minutes <strong>of</strong> the <strong>Ordinary</strong> meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> <strong>Shire</strong> Council held in the Council<br />

Chamber Denham on Wednesday 30 May 2007<br />

1.0 DECLARATION OF OPENING<br />

The Deputy President, Cr R W Eddington, declared the meeting open at 9.02 am.<br />

2.0 RECORD OF ATTENDANCES / APOLOGIES / LEAVE OF ABSENCE GRANTED<br />

Present Cr R W Eddington Deputy President<br />

Cr R G Blennerhassett<br />

Cr B W Cane<br />

Cr H J Crawford<br />

Cr D O Hoult<br />

Mr K J Matthews<br />

Mr S Kocian<br />

Mrs K M Lane<br />

Mr J McKechnie<br />

Mr G Brown<br />

Chief Executive Officer<br />

Finance and Administration Manager<br />

Minute Clerk<br />

Manager Regulatory Services<br />

Works Supervisor<br />

Apologies Cr L R Moss President<br />

Cr K M Gordon<br />

3.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS ON NOTICE<br />

Nil.<br />

4.0 PUBLIC QUESTION TIME<br />

The public question time opened at 9.03am.<br />

Mr T Hargreaves advised he had been out <strong>of</strong> the country for several weeks and requested<br />

an update on the situation with the Western Australian Museum. The Deputy President<br />

advised this was an item on the agenda to be discussed Behind Closed Doors and that at<br />

the moment the situation was still under negotiation.<br />

There being no further questions the public question time closed at 9.40 am.<br />

5.0 APPLICATIONS FOR LEAVE<br />

Nil.<br />

6.0 PETITIONS<br />

Nil.<br />

7.0 CONFIRMATION OF MINUTES<br />

7.1 Confirmation <strong>of</strong> the Minutes <strong>of</strong> the <strong>Ordinary</strong> Council meeting held on Wednesday 2 May<br />

2007.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 4<br />

Moved Cr Crawford<br />

Seconded Cr Cane<br />

That the minutes <strong>of</strong> the <strong>Ordinary</strong> Council meeting held on Wednesday 2 May 2007, as<br />

circulated to all Councillors, be confirmed as a true and accurate record.<br />

CARRIED UNANIMOUSLY<br />

8.0 ANNOUNCEMENTS BY THE CHAIR<br />

8.1 AUSTRALIAN CITIZENSHIP CEREMONY - LESLIE ANN STAFFORD NA 105<br />

The Deputy President announced that the Australian Citizenship Ceremony for Mrs Leslie<br />

Ann Stafford would take place in the Council Chambers at 10.15 am. Mrs Stafford, family<br />

and friends would then join with Councillors for morning tea.<br />

8.2 ALINTA GAS - WOODLEIGH BYRO ROAD RO 105<br />

The Deputy President advised that Mr Rod McNamara from Alinta Gas would address<br />

Council on the situation with Woodleigh Byro Road.<br />

9.0 PRESIDENT’S REPORT PR 101<br />

The Extraordinary Election resulted in Rob Blennerhassett being elected to serve as a Town<br />

Councillor until the October elections this year. I would like to pass on my congratulations to<br />

Rob, I am sure he will make a worthwhile contribution as he has a well-known passion for<br />

<strong>Shark</strong> <strong>Bay</strong>.<br />

The recent publicity over the historical artefacts in the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery<br />

Centre has caused a bit <strong>of</strong> a stir. The artefacts were originally found in <strong>Shark</strong> <strong>Bay</strong> and taken<br />

away by the Museum at that time. They were returned by the Museum to be housed in the<br />

Centre in late 2005. The media became involved due to a local identify, Tim Hargreaves,<br />

contacting a number <strong>of</strong> media organisations, which supported the Government's view that<br />

the <strong>Shire</strong> had no right to the items. The eight million dollar Centre was designed at great<br />

cost with the State's Museum fully involved with the plan to house the items.<br />

Mr Hargreaves was wrong to have expressed the view that the Museum staff were treated<br />

badly by being 'held up' at the door <strong>of</strong> the Centre when arriving to pick up the artefacts. The<br />

Museum was told well in advance that the <strong>Shire</strong> did not intend to hand over the items.<br />

Arriving on our doorstep was a ploy to bully us further into submitting to its request. The<br />

issue is too complex to make a full report at this time, however, if any community member<br />

has any concern as to the <strong>Shire</strong>'s involvement in this debate, make it your business to<br />

obtain the facts by contacting the Council Office or Councillors.<br />

Already the Government is starting to step back and take a bit more interest in the <strong>Shire</strong>'s<br />

stand instead <strong>of</strong> continually submitting to the bureaucrat's wishes and demands.<br />

I am the first to agree that any person in our community has the right to express a view, and<br />

I alternatively express the view that the actions taken by Mr Hargreaves have been<br />

misguided and could only achieve self harm and affect the ongoing future <strong>of</strong> our Discovery<br />

Centre at a time when we are working toward guaranteeing its viability, which is solely<br />

caused by the builders, fit out consultants and Council spending much <strong>of</strong> the funding on<br />

'high tech' viewing cases and air conditioning, without which the Centre's running costs<br />

would be substantially lower and could run on its current turnover. I ask the community,<br />

would all <strong>of</strong> these people involved in the design <strong>of</strong> the Centre get it so wrong unless they<br />

were all sure <strong>of</strong> the undertakings given by the Government?<br />

There have been many debates in other towns over the above topics, the Museum has<br />

consistently handled the matters badly. The community has always come out <strong>of</strong> these<br />

debates favourably, by demonstrating our determination to house and exhibit our local<br />

history for the benefit <strong>of</strong> cultural and economic well being. The State Museum has a policy<br />

that if regional areas have a Centre capable <strong>of</strong> housing and guaranteeing the artefacts


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 5<br />

preservation, then the artefacts should stay in the locality. It was these verbal undertakings<br />

by a large number <strong>of</strong> Museum staff and Politicians that the building was constructed to<br />

house, at great cost, the items now in question. However, just prior to the completion <strong>of</strong> the<br />

project, the Museum presented a contract that did not guarantee all the verbal undertakings<br />

given for the internal design <strong>of</strong> the Centre as it now stands. Consequently I refused to sign<br />

the undertaking, as did Council. How the Museum had the undertaking (contract) signed is<br />

a demonstration <strong>of</strong> what the Council now is complaining about.<br />

The Museum was taken by surprise by the Centre's quality, which has been described <strong>of</strong><br />

World Standard. Your Council built and paid for the transport cases to deliver these items to<br />

<strong>Shark</strong> <strong>Bay</strong> at a cost <strong>of</strong> nearly $20,000. When the Museum staff recently arrived to demand<br />

the items, the Museum personnel asked our staff for "their crates". This is only a small<br />

example <strong>of</strong> how ridiculous these situations get. We ask the community to get behind the<br />

Council and preserve our rights to embrace our cultural heritage for future generations.<br />

10.0 COUNCILLORS’ REPORTS<br />

10.1 CR R W EDDINGTON<br />

* 3 May - Met with Alinta Gas in Carnarvon to discuss road repairs to Woodleigh Byro<br />

Road.<br />

* 7 May - <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre workshop Chaired by Hon Sally<br />

Talbot MLC which included discussion regarding the Western Australian Museum<br />

situation.<br />

* Interviews with ABC Karratha and WIN Television News regarding the W A Museum<br />

situation.<br />

* 23 May - <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management Committee<br />

meeting.<br />

* 28 May - Regional Road Group meeting in Gascoyne Junction.<br />

* 29 May - Works Committee meeting.<br />

10.2 CR H J CRAWFORD<br />

* 3 May - Met with <strong>Shire</strong> <strong>of</strong> Carnarvon and <strong>Shire</strong> <strong>of</strong> Upper Gascoyne, Alinta Gas and<br />

Saipan in Carnarvon to discuss road usage and condition especially in regard to<br />

Woodleigh Byro Road.<br />

* 14 May - With Works Supervisor and Mr Shane Guthrie <strong>of</strong> S & S L Guthrie<br />

Earthmoving Contractors (WA) Pty Ltd inspected Woodleigh Byro Road, assessed its<br />

condition and closed the road to heavy traffic.<br />

* 28 May - Regional Road Group meeting in Gascoyne Junction.<br />

* 28 May - Western Australian Local Government Association meeting in Gascoyne<br />

Junction.<br />

* 28 May - Met with Alinta Gas and Saipan personnel.<br />

* 29 May - Works Committee meeting.<br />

10.3 CR B W CANE<br />

* 7 May - <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre workshop/Parliamentary working<br />

group to discuss ways <strong>of</strong> improving the Centre's viability.<br />

* 7 May - Hon Vince Catania MLC meeting to discuss <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre artefacts.<br />

* 29 May - Works Committee meeting.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 6<br />

10.4 CR D O HOULT<br />

* 7 May - <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre workshop Chaired by Hon Sally<br />

Talbot MLC.<br />

* 7 May - Denham Marine Facilities Management Committee meeting.<br />

10.5 CR R G BLENNERHASSETT<br />

* 7 May - <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre workshop Chaired by Hon Sally<br />

Talbot MLC.<br />

* 8 May - Donations Review Panel reviewing applicants for 2007/08 with Chief<br />

Executive Officer and Finance and Administration Manager.<br />

8.2 ALINTA GAS - WOODLEIGH BYRO ROAD RO 105<br />

The Deputy President introduced Mr Rod McNamara from Alinta Gas and thanked him for<br />

his attendance at Council.<br />

Mr McNamara commented on the ongoing problem with Woodleigh Byro Road and tabled a<br />

letter from Alinta Gas which he hoped would alleviate the situation.<br />

The Deputy President and Cr H Crawford advised that the <strong>Shire</strong> <strong>of</strong> Upper Gascoyne, at the<br />

Regional Road Group meeting held in Gascoyne Junction on 28 May 2007, had suggested<br />

that a committee be formed <strong>of</strong> the three <strong>Shire</strong>s (Carnarvon, <strong>Shark</strong> <strong>Bay</strong> and Upper<br />

Gascoyne) comprising the three Presidents and three Chief Executive Officers, or their<br />

representatives, only, however neither Cr Eddington or Cr Crawford considered this<br />

committee was warranted. All Councillors agreed as it was considered progress was being<br />

made on the reinstatement <strong>of</strong> Woodleigh Byro Road.<br />

Mr McNamara said that Stage 4 <strong>of</strong> the works required on the Dampier to Bunbury Natural<br />

Gas Pipeline would utilise Woodleigh Byro Road, and Stage 5 would use Butchers Track in<br />

addition to Woodleigh Byro Road. He recognised that the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> had closed<br />

Woodleigh Byro Road to vehicles over three tonnes.<br />

A lengthy discussion ensued regarding the necessity for a formal contract. Mr McNamara<br />

stated that Alinta Gas was prepared to fully indemnify the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> and accept full<br />

responsibility for any traffic which travelled along Woodleigh Byro Road. The Chief<br />

Executive Officer said that once the formal contract and indemnity was received it would be<br />

forwarded to Council's insurers for scrutiny and comment.<br />

Mr McNamara requested that 10 trucks, tonnage not ascertained at this stage, be permitted<br />

to access CS5 on the Pipeline by way <strong>of</strong> Woodleigh Byro Road as urgent works were<br />

scheduled to commence on 5 June 2007. Councillors considered this should not be<br />

possible without approved permits and escorts.<br />

The Deputy President asked the Works Supervisor if escorting <strong>of</strong> the trucks would be<br />

possible. The Works Supervisor replied that it would require two Council vehicles, one<br />

forward and one in the rear, and all costs would need to be covered by Alinta Gas. Mr<br />

McNamara then advised that the trucks would be travelling the road over a four week period<br />

and would amount to 20 trucks in total.<br />

The Works Supervisor said that it would not be possible for <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> staff to be<br />

escorts over the stated four weeks as this would prohibit them from usual duties and it was<br />

not sustainable for staff to camp for that length <strong>of</strong> time at Woodleigh Byro Road waiting for<br />

the trucks. Mr McNamara advised that Alinta Gas was prepared to employ an accredited<br />

escort transport company.<br />

Concern was expressed <strong>of</strong> trucks driving over the road while reinstatement works were in<br />

progress.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 7<br />

Mr McNamara advised that Alinta Gas was prepared to make an upfront payment to the<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> <strong>of</strong> 25% <strong>of</strong> the cost <strong>of</strong> the works required to reinstate Woodleigh Byro<br />

Road including sinking a bore alongside the road provided the <strong>Shire</strong> acted as the contractor<br />

for the total job. He said he would appreciate Council's advice as to whether it wished to<br />

proceed along these lines to enable Woodleigh Byro Road to be reinstated.<br />

The Deputy President thanked Mr Rod McNamara for his comments and advised that<br />

Council would consider the <strong>of</strong>fer/situation Behind Closed Doors later in the meeting.<br />

The Works Supervisor left the Chambers at 9.29 am.<br />

11.0 TOWN PLANNING REPORT<br />

11.1 LOCAL TOURISM PLANNING STRATEGY - SHIRE OF SHARK BAY TO 106.03 TO 101<br />

Author<br />

Manager Regulatory Services<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Précis<br />

As a commitment to the finalisation <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 3<br />

and in accordance with the Tourism Planning Taskforce Report's recommendations, the<br />

<strong>Shire</strong> advised the Department for Planning and Infrastructure that it would progress the<br />

preparation <strong>of</strong> a Local Tourism Planning Strategy for the <strong>Shire</strong>.<br />

The <strong>Shire</strong>'s planning consultants, the Department for Planning and Infrastructure and the<br />

Department <strong>of</strong> Tourism WA have been requested to assist in the development <strong>of</strong> a brief in<br />

order to prepare a Local Tourism Planning Strategy. The development <strong>of</strong> the brief was to<br />

enable the cost <strong>of</strong> the Local Tourism Planning Strategy to be determined and referred to the<br />

<strong>Shire</strong>'s 2007/08 draft budget for consideration <strong>of</strong> funding.<br />

This report considers the guidelines for the preparation <strong>of</strong> a Local Tourism Planning<br />

Strategy, recognises the importance <strong>of</strong> a Local Tourism Planning Strategy, and considers a<br />

Fee Proposal to prepare a Local Tourism Planning Strategy from the <strong>Shire</strong>'s planning<br />

consultants Taylor Burrell Barnett.<br />

Background<br />

Guidelines for the Preparation <strong>of</strong> Local Tourism Planning Strategies<br />

Introduction<br />

The Tourism Planning Taskforce Report 1 encourages Local Governments to undertake the<br />

preparation <strong>of</strong> a Local Tourism Planning Strategy. This should be prepared where tourism<br />

is a major economic driver to the area or where it has the potential to be a significant<br />

industry, and requires a strategic framework to ensure that demand for tourism<br />

development is addressed, and the tourism assets <strong>of</strong> the area are maximised.<br />

[ 1 Tourism WA's Destination Development Strategies identify the key iconic tourism<br />

experiences in the State in order to focus regional development resources on enhancing<br />

these products, and to develop strategies to address gaps in infrastructure, accommodation,<br />

attractions and other facilities. There are five strategies in total, one for each tourism<br />

region.]<br />

A tourism planning strategy differs from a conventional tourism strategy in that it focuses<br />

more on land use and development control rather than marketing and promotion, which a<br />

tourism strategy would normally address. Both strategies play an important role in the


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 8<br />

development <strong>of</strong> a healthy tourism industry, and should be integrated to ensure consistency<br />

in articulating the Local Government's tourism objectives.<br />

These guidelines have been prepared to assist with the preparation <strong>of</strong> Local Tourism<br />

Planning Strategies. They provide a guide to the scope, content and process <strong>of</strong> preparing<br />

the Strategy. The size and detail <strong>of</strong> a Local Tourism Planning Strategy will depend on the<br />

importance <strong>of</strong> tourism to a local area and these guidelines are intended to provide for this<br />

flexibility.<br />

Purpose <strong>of</strong> Local Tourism Planning Strategies<br />

The main purpose <strong>of</strong> the Strategy is to provide Local Governments with a firm rationale for<br />

determining the future land allocation, planning controls and infrastructure needs for tourism<br />

in their area. The Local Tourism Planning Strategy should perform the following functions -<br />

• Establish the aim, vision and objectives for tourism land use and development in the<br />

Local Government area.<br />

• Address the current and potential impact <strong>of</strong> tourism to the local economy including the<br />

competitive advantages <strong>of</strong> the locality, through an assessment <strong>of</strong> the 5 'A's (<br />

accommodation, amenities, attractions, activities, access), current and projected<br />

demand, and opportunities for developing new and existing tourism products.<br />

• Ensure the ongoing role <strong>of</strong> tourism in the locality is recognised in the land use<br />

planning process through recommendations on appropriate tourist zones,<br />

identification <strong>of</strong> tourism land requirements, and the introduction <strong>of</strong> specific tourism<br />

development provisions.<br />

• Provide the mechanisms for assessing the land use and design suitability <strong>of</strong><br />

incorporating a residential component within a tourism development on tourist zoned<br />

land.<br />

• Identify actions, lead agencies, and timeframes for the achievement <strong>of</strong> goals and<br />

strategies.<br />

• Identify strategic tourism sites or locations that provide for the retention and future<br />

development <strong>of</strong> a range <strong>of</strong> tourist accommodation facilities to meet the projected<br />

demand for that locality.<br />

• Identify non-strategic tourism sites where a residential component may be considered<br />

appropriate in order to provide a catalyst for short stay accommodation where it may<br />

not otherwise occur.<br />

• Provide direction and criteria for the assessment and consideration <strong>of</strong> Town Planning<br />

Scheme Amendments in relation to tourism use.<br />

• Ensure that the ongoing use <strong>of</strong> land for tourism is sustainable and contributes<br />

positively to the achievement <strong>of</strong> the Local Government's broad objectives for the<br />

municipality.<br />

Preparation and Timing<br />

Local Authority Town Planning Schemes are the principal instrument for local planning and<br />

development control. As part <strong>of</strong> their five yearly Scheme review and local planning strategy<br />

process, Local Governments with a significant tourism industry should prepare a Local<br />

Tourism Planning Strategy and incorporate the recommendations into their local planning<br />

strategy. It may also be appropriate to prepare a Local Tourism Planning Strategy prior to a<br />

Scheme review where such a review has recently been undertaken, to provide a strategic<br />

framework in assessing any applications to rezone tourism land.<br />

Form and Content <strong>of</strong> the Local Tourism Planning Strategy<br />

The detail and extent <strong>of</strong> a Local Tourism Planning Strategy will vary depending on the<br />

characteristics and requirements <strong>of</strong> a particular Local Government area and the importance<br />

<strong>of</strong> tourism to that area. However all Strategies will have fundamental similarities. The final<br />

document should at a minimum -<br />

• identify the Local Government's objectives for the future development <strong>of</strong> the industry,<br />

• undertake an analysis <strong>of</strong> the existing tourism environment,<br />

• articulate the level <strong>of</strong> support towards achieving the objectives,


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 9<br />

• provide recommendations on how to achieve the objectives <strong>of</strong> the Strategy, and<br />

• provide the measures by which the Strategy will be implemented.<br />

The Local Tourism Planning Strategy should consist <strong>of</strong> an overview <strong>of</strong> the area's tourism<br />

industry, consideration <strong>of</strong> the land and infrastructure requirements for the future and a<br />

strategy, policies and proposal, including a map/plan, to guide future land use decisions.<br />

The plan should illustrate any designated tourism precincts (existing and future), specific<br />

tourism zones, strategic tourism sites/locations if identified, critical areas which may require<br />

specific strategies (eg development along the coast), tourist attractions and infrastructure.<br />

Other diagrams, illustrations and photographs may be included in the Strategy to help<br />

explain the analysis, policies and proposals. The Local Tourism Planning Strategy should<br />

avoid the formulation <strong>of</strong> detailed policies and maintain a strategic approach. Detailed policy<br />

direction is more appropriately included in Town Planning Scheme provisions or local<br />

planning policies as an outcome <strong>of</strong> the Local Tourism Planning Strategy.<br />

The general scope and content <strong>of</strong> a Local Tourism Planning Strategy is provided below.<br />

Introduction<br />

The introductory section should provide a brief description <strong>of</strong> the intent and scope <strong>of</strong> the<br />

Strategy. It should also clarify the status <strong>of</strong> the Strategy as a non-statutory document to be<br />

used as a guide in preparing local Planning Strategies, Town Planning Schemes and<br />

Amendments, local Planning Policies, and for subdivision, strata and development<br />

assessment purposes.<br />

The introduction should briefly describe the structure and layout <strong>of</strong> the Strategy. Some <strong>of</strong><br />

the major issues which the Strategy is intended to address may also be discussed, as this<br />

may influence the emphasis <strong>of</strong> the Strategy. For example, a Strategy for an area where<br />

tourism is secondary to another land use would have a different focus than a Strategy for an<br />

area where tourism is the dominant industry.<br />

Study Area<br />

The study area for the Strategy would usually correspond with the municipal boundaries.<br />

However where there are issues which transcend the boundaries <strong>of</strong> the Local Authority,<br />

early liaison and consultation with neighbouring Local Authorities will be necessary. In some<br />

instances it may be appropriate for Local Authorities to carry out joint/regional Local Tourism<br />

Planning Strategies.<br />

It may also be appropriate to divide the Local Authority area into tourism precincts, on the<br />

basis that certain areas display different characteristics and therefore should be treated<br />

differently. Criteria for defining tourism precincts should take account <strong>of</strong> -<br />

• Geographical or physical characteristics - such as areas <strong>of</strong> coastal, forest, rural, or<br />

central city/town centre nature.<br />

• Attractions - for example wineries, shopping, adventure. (Tourism WA utilises five<br />

clusters <strong>of</strong> iconic experiences in its promotional and development activities - Marine,<br />

Outback and Adventure, Food and Wine, Forest and Wildflowers and People and<br />

Lifestyle - which could be used as a guide for the more diverse Local Authorities.)<br />

Where possible, edges <strong>of</strong> precincts should be defined by physical features such as streets.<br />

State, Regional and Local Context<br />

The Local Tourism Planning Strategy should recognise the role and importance <strong>of</strong> the<br />

industry within the local community, having regard to both endorsed and draft State and<br />

Regional Planning Policies in respect to tourism, and provide an interpretation <strong>of</strong> these in<br />

the context <strong>of</strong> the local area.<br />

The Local Tourism Planning Strategy will need to respond to an demonstrate achievement<br />

<strong>of</strong> State Policies. In addition, an assessment should be undertaken <strong>of</strong> the importance <strong>of</strong> the<br />

local area's tourism industry to the Local Authority, State Government and Regional<br />

Development Commission. An evaluation <strong>of</strong> the iconic significance <strong>of</strong> the locality or any


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 10<br />

attractions within the area as specified in the relevant 'Destination Development Strategy' 1<br />

should be provided.<br />

[ 1 Tourism WA's Destination Development Strategies identify the key iconic tourism<br />

experiences in the State in order to focus regional development resources on enhancing<br />

these products, and to develop strategies to address gaps in infrastructure, accommodation,<br />

attractions and other facilities. There are five strategies in total, one for each tourism<br />

region.]<br />

This section should contain an assessment <strong>of</strong> any tourism related controls in the Local<br />

Authority's Town Planning Scheme, and development schemes, other non-statutory policies<br />

and guidelines and any other relevant planning controls in place. Current local Town<br />

Planning Scheme provisions and relevant Planning Policies should be identified and<br />

considered in the context <strong>of</strong> the objectives <strong>of</strong> the draft Local Tourism Planning Strategy. An<br />

outcome <strong>of</strong> the endorsed Local Tourism Planning Strategy may be that certain Scheme<br />

provisions and Policies are modified or revoked.<br />

A review <strong>of</strong> existing tourist zoned land should be undertaken to determine whether they<br />

should be retained for tourism or rezoned for a more suitable use. Some sites may be<br />

unsuitable for tourism given their location, size, history, or incompatible surrounding/<br />

encroaching development. A checklist has been prepared by Tourism WA to assist in<br />

determining the strategic significance <strong>of</strong> a site from a physical assessment.<br />

In assessing the current land use and development controls relating to tourism, the following<br />

issues should be considered -<br />

• How do the existing zones and development control measures influence the pattern<br />

and type <strong>of</strong> tourism developments? (This may be a useful exercise if there are<br />

obvious issues/problems such as disproportionate numbers <strong>of</strong> a particular type <strong>of</strong><br />

development.)<br />

• Do the existing planning provisions and policies support and encourage tourism<br />

development? For example, a local planning strategy may not sufficiently<br />

acknowledge tourism as the important economic contributor it can be. Is permanent<br />

residential or other non-tourism land uses permitted with a tourist zone and has this<br />

impacted on the viability <strong>of</strong> tourism developments?<br />

• Has the absence <strong>of</strong> any tourism specific policies/zones adversely impacted on the<br />

quality/development <strong>of</strong> tourism accommodation? For example, the lack <strong>of</strong> a specific<br />

tourist zone (or use <strong>of</strong> flexible tourist zones) has resulted in land being developed for<br />

non-tourist uses (at the expense <strong>of</strong> tourism investment).<br />

Objectives<br />

This section should outline the objectives <strong>of</strong> the Local Tourism Planning Strategy, based on<br />

the Local Authority's approach to planning for tourism in its community within the State<br />

Policy framework. The objectives should indicate what the intended outcomes <strong>of</strong> the<br />

Strategy are and how they will be achieved. They are intended to assist the Local Authority,<br />

the community and the State Government in evaluating decisions in relation to the<br />

implementation <strong>of</strong> the Strategy.<br />

Such objectives may include -<br />

• To provide for the sustainable growth <strong>of</strong> tourism by identifying and retaining sites for<br />

the future development <strong>of</strong> a range <strong>of</strong> tourist accommodation and attractions to meet<br />

the projected demand for the locality.<br />

• To encourage affordable holiday accommodation through the appropriate zoning <strong>of</strong><br />

suitable land to assist the retention <strong>of</strong> existing caravan parks and camping grounds in<br />

prime locations.<br />

• To protect identified tourism locations or sites from the encroachment <strong>of</strong><br />

uncomplimentary or conflicting land uses.<br />

• To encourage a high standard <strong>of</strong> design and layout and the provision <strong>of</strong> facilities for<br />

tourism developments.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 11<br />

• To identify the anticipated growth <strong>of</strong> tourism in the locality and to encourage<br />

development that compliments the locality's existing tourism attractions.<br />

• To ensure that the tourist attractions in the locality are managed and capitalised on by<br />

protecting them from incompatible development.<br />

• To reflect the importance <strong>of</strong> tourism to the locality through its local Planning Strategy,<br />

Town Planning Scheme and local Planning Policies.<br />

• To ensure tourism development provides a bona fide tourism function and the<br />

Planning Scheme does not facilities residential use <strong>of</strong> land zoned for tourism.<br />

The objectives may also address issues <strong>of</strong> concern to a particular Local Authority, such as<br />

the impact that tourism may have on an established industry.<br />

Existing Situation (Supply/Audit)<br />

Visitor Information<br />

This section should provide a broad analysis <strong>of</strong> the social, economic and physical<br />

characteristics <strong>of</strong> the Local Authority area, to determine where the tourism 'strengths' and<br />

'weaknesses' lie. Information on the importance <strong>of</strong> tourism to the local economy should be<br />

provided, such as direct and indirect employment figures created through tourism,<br />

seasonality impacts, statistics on current visitation numbers, where the yare from, how long<br />

they are staying for, how much they are spending and their demographic characteristics.<br />

This information may be available from Tourism WA.<br />

Tourist Accommodation Assessment<br />

A general description <strong>of</strong> the tourist accommodation in place, including an audit <strong>of</strong> the<br />

existing range and standard <strong>of</strong> accommodation in the area, number <strong>of</strong> rooms/beds available<br />

and average occupancy rates should be provided. This audit should be based on existing<br />

supply and occupancy information including information on accommodation type, takings/<br />

room rates, facilities, number <strong>of</strong> rooms, and age/general condition <strong>of</strong> developments. For<br />

larger Local Authorities the majority <strong>of</strong> this information may be available form the Australian<br />

Bureau <strong>of</strong> Statistics. An assessment should be undertaken <strong>of</strong> the likely accommodation<br />

supply resulting from planned developments identified in Tourism WA's Tourist<br />

Accommodation Development Register.<br />

Existing and Future Infrastructure<br />

Consideration <strong>of</strong> gaps in existing and planned infrastructure, including transport, power and<br />

water supplies, effluent disposal, medical and emergency services, leisure and shopping<br />

facilities related to an required for a sustainable tourism industry should be undertaken.<br />

This should be followed by an assessment <strong>of</strong> the capacity <strong>of</strong> existing infrastructure supply to<br />

handle existing and new development, the identification for any weaknesses in the current<br />

infrastructure provision, the need for any additional facilities to support new tourism<br />

development, and whether there are any planned future infrastructure expansions.<br />

A summary <strong>of</strong> current and future public investment programs which may influence the<br />

Strategy, such as planned development sites or land releases, or major infrastructure<br />

projects such as airports/harbours. After this assessment has been undertaken, ways to<br />

encourage new tourism related facilities or attractions to an area through the planning<br />

process should be determined. For example, the introduction and allocation <strong>of</strong> appropriate<br />

zonings, development incentives, or a policy position on specific land uses.<br />

Tourist Attractions/Events<br />

Principal tourist attractions and events and emerging tourism development opportunities,<br />

including attractions and accommodation, should be identified. An audit should be<br />

undertaken <strong>of</strong> current and proposed attractions (iconic and non iconic in accordance with<br />

the Destination Development Strategies), events and activities, with an assessment <strong>of</strong><br />

quality, standards, numbers <strong>of</strong> visitors to each event, when they occur, and for what length<br />

<strong>of</strong> time.<br />

Caravan/Camping<br />

An assessment should be undertaken <strong>of</strong> the availability, retention and identification <strong>of</strong><br />

Crown and private land for the provision <strong>of</strong> caravan and camping grounds and other forms<br />

<strong>of</strong> affordable tourist accommodation. This should involve the identification <strong>of</strong> the amount <strong>of</strong>


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 12<br />

Crown Land currently used for tourist accommodation in the locality, the type <strong>of</strong><br />

accommodation, lease/management arrangements, and any future Crown Land<br />

development opportunities. The Strategy should investigate ways to assist with the<br />

retention and affordable accommodation, particularly on Crown Land, in conjunction with the<br />

Department for Planning and Infrastructure and the Department <strong>of</strong> Environment and<br />

Conservation.<br />

Using this data, an assessment can be undertaken on whether the current tourism product<br />

is adequately meeting the needs <strong>of</strong> the tourist and if there are any specific constraints or<br />

issues which are impeding the tourism experience. This may include, for example, a lack <strong>of</strong><br />

accommodation <strong>of</strong> a certain standard, a lack <strong>of</strong> quality amenities, or a failure to capitalise on<br />

a local attraction or potential tourism asset. The Strategy can then make recommendations<br />

on how to resolve the gaps identified in the analysis.<br />

Future Estimates (Demand)<br />

An audit <strong>of</strong> the existing situation should be accompanied by estimates <strong>of</strong> future tourism<br />

growth and therefore the likely demand for short stay accommodation, the range <strong>of</strong><br />

accommodation types required, and appropriate supporting amenities and infrastructure.<br />

This analysis is difficult to do accurately at the local level, but can be undertaken by either<br />

extrapolating trends in past visitation to the local area, or by projecting future demand to the<br />

local area based on forecasting conducted at a regional or national level. While the past<br />

visitation approach should be used where possible, in smaller Local Authorities (or new<br />

tourist destinations) the base data may not be available. Cross referencing both<br />

approaches would also be a useful exercise.<br />

A large amount <strong>of</strong> tourism data is held by Tourism WA and other relevant Agencies. The<br />

information that will be required to estimate the future tourism demand for a Local Authority<br />

and therefore the amount <strong>of</strong> land and resources to provide for that demand could include<br />

the following -<br />

1 The trend in visitor numbers over the past decade. This information is available from<br />

Tourism WA for the Local Authorities with a significant tourism industry.<br />

2 Projected visitor numbers (domestic and international) for the following decade. It is<br />

recommended this information be determined by extrapolating the trend identified in<br />

point 1 over the following decade with adjustments made for known impacts or<br />

events, such as changes in transport options (eg new or lost road or air services), the<br />

level or quality <strong>of</strong> attractions, amenities and activities, changes in general visitor<br />

expectations (such as greater consumer interest in particular accommodation types),<br />

new or planned marketing campaigns, significant proposed developments which are<br />

likely to increase the overall popularity <strong>of</strong> the area (such as Cable Beach Club Resort<br />

with Broome).<br />

3 Details on the breakdown <strong>of</strong> visitors by accommodation type used over the past<br />

decade, and occupancy rates for different accommodation types in the area.<br />

4 Projected demand for the following decade by accommodation type. Using the trends<br />

established in point 3, extrapolate the expected demand for different accommodation<br />

types within the locality.<br />

Once the above information is gathered, the likely demand for different accommodation<br />

types and the approximate level <strong>of</strong> capacity needed above that currently available can be<br />

considered. This will need to be carried out in conjunction with a study <strong>of</strong> existing<br />

accommodation supply by type available.<br />

Tourism WA's 'Tourist Accommodation Land Requirement' report can be used to determine<br />

the land size needs for the various types <strong>of</strong> accommodation and land allocations can then<br />

be determined.<br />

The Strategy<br />

This section should examine the options for tourist development in the locality from which an<br />

appropriate Strategy is derived, based on the desired future character for the locality and<br />

achievement <strong>of</strong> outcomes. The final Strategy should incorporate the following -


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 13<br />

1 Identification and application <strong>of</strong> sustainability principles to tourism development<br />

(economic, social/cultural and environmental), including the implications <strong>of</strong> poorly<br />

developed and managed tourism developments.<br />

1.1 Economic - an economic sustainability assessment should consider two main<br />

issues -<br />

a) The ability <strong>of</strong> the locality to sustain investment in tourism infrastructure<br />

and assets from a cost benefit perspective. This would relate to the<br />

opportunity cost <strong>of</strong> the investment <strong>of</strong> resources in tourism in the local area<br />

and acknowledges the competing demands for limited resources from<br />

other industries and activities. An assessment <strong>of</strong> whether the locality has<br />

tourism assets <strong>of</strong> sufficient iconic quality to justify the level <strong>of</strong> investment<br />

being considered. The employment creation potential <strong>of</strong> tourism<br />

investment, the delivery <strong>of</strong> sustainable jobs to regional communities and<br />

the employment diversification benefits <strong>of</strong> tourism should be noted in the<br />

assessment.<br />

b) The viability <strong>of</strong> tourism accommodation development in the locality based<br />

on the supply and demand pr<strong>of</strong>ile, occupancy rates and average room<br />

rates for the types <strong>of</strong> accommodation being considered, forecast growth<br />

in visitation, expected new supply coming on stream and required<br />

investment returns. Land allocation for different development types and<br />

the status <strong>of</strong> that land (being strategic or non strategic) needs to consider<br />

these viability issues. The designation <strong>of</strong> a strategic tourism site needs to<br />

account for the ability <strong>of</strong> local demand to sustain a 100 percent tourism<br />

development. A non-strategic site may enable a tourism development to<br />

take place and act as a catalyst for future tourism investment in the area<br />

which would not normally occur for considerable time as a strategic site.<br />

A balance needs to be struck between the benefits <strong>of</strong> encouraging a<br />

tourism development against the loss <strong>of</strong> 25 percent tourism land on a<br />

high quality site.<br />

1.2 Social/Cultural - an assessment <strong>of</strong> the impact <strong>of</strong> any tourist related<br />

developments (accommodation or attractions) on the local community, for<br />

example, the capacity <strong>of</strong> social infrastructure to cater for seasonal demand from<br />

visitors, the impact on Indigenous culture, the impact on an area's community<br />

development (eg transformation <strong>of</strong> coastal towns to tourist towns), availability <strong>of</strong><br />

local (skilled) employees, provision <strong>of</strong> supporting infrastructure/facilities to<br />

assist local communities.<br />

Tourism can have a perceived (and actual) negative impact on local<br />

communities particularly in seasonal areas, and as such it is necessary to<br />

determine the level <strong>of</strong> support for tourism within the local community. The<br />

following matters should be considered -<br />

O<br />

O<br />

The Council should determine its own level <strong>of</strong> support for the industry and<br />

articulate its willingness to make decisions that support the development<br />

<strong>of</strong> the local industry, including investment in infrastructure and facilities.<br />

This would involve the zoning <strong>of</strong> appropriate land for tourism and its<br />

subsequent protection for that use in the face <strong>of</strong> pressure for higher order<br />

development.<br />

Seek a proactive level <strong>of</strong> support from the local Chamber <strong>of</strong> Commerce<br />

or business groups, community organisations and any other relevant local<br />

groups to identify a willingness to allocate resources to the development<br />

<strong>of</strong> the local industry. Involving these groups in the early stages <strong>of</strong> the<br />

Local Tourism Planning Strategy will assist in determining the level <strong>of</strong><br />

community support for tourism.<br />

1.3 Environment - consideration <strong>of</strong> the requirement for an environmental impact<br />

assessment for proposed tourism developments, addressing the potential<br />

impact <strong>of</strong> development on environmentally sensitive locations, and providing


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 14<br />

opportunities and incentives for development to incorporate different products,<br />

systems, and construction methods.<br />

2 A rationale for the application <strong>of</strong> tourist zonings in a Town Planning Scheme, including<br />

an assessment <strong>of</strong> land supply, types <strong>of</strong> accommodation and scale/character <strong>of</strong><br />

development.<br />

This component should combine the research and analysis information to arrive at<br />

conclusions about what types <strong>of</strong> tourism developments are needed, how much land,<br />

in what location, in what strategic status. For example, an identified need for a larger<br />

or additional caravan park in the next three years, or a 100 bed hotel in five years.<br />

An assessment should be undertaken <strong>of</strong> the types <strong>of</strong> tourist zones currently used and<br />

obvious physical patterns <strong>of</strong> tourism development, any historical trends impacting<br />

development, and the availability <strong>of</strong> land for future tourism development.<br />

Future tourist zonings should reflect the scale/character <strong>of</strong> preferred development.<br />

This includes the potential for the creation <strong>of</strong> specific tourist zones that reflect<br />

particular types <strong>of</strong> accommodation - the tiered zoning framework (eg 'hotel', cabin/<br />

chalet zones).<br />

The Strategy should also address the need for strategic tourism locations and special<br />

control areas. The Ministerial Taskforce Report provides an example <strong>of</strong> potential<br />

zones and how they are defined, and appropriate classifications for land uses within a<br />

model zoning table.<br />

3 Identification <strong>of</strong> strategic and non-strategic tourism sites/locations or activity locations<br />

and the specific processes, provisions and assessment criteria to guide the planning<br />

and development <strong>of</strong> these areas. Sites identified as 'Strategic' will be 100 percent<br />

short stay. 'Non-strategic' sites may have a maximum <strong>of</strong> 25 percent permanent<br />

residential. These categories should be differentiated via the zoning table in the Town<br />

Planning Scheme.<br />

Criteria for strategic site identification (as per the Ministerial Taskforce Report) are as<br />

follows -<br />

a) Sustainability - the site should provide for tourism development that is<br />

sustainable in respect <strong>of</strong> its construction, operation and function.<br />

b) Planning context - the site has been identified in a regional planning strategy or<br />

in a region plan as having high tourism potential and value.<br />

c) Accessibility - the ease <strong>of</strong> access to the site or the associated attraction<br />

generally should be high, and appropriate to the nature <strong>of</strong> the facility or<br />

attraction.<br />

d) Uniqueness - the site may contain or be in the vicinity <strong>of</strong> an attraction <strong>of</strong><br />

landmark value, or itself be <strong>of</strong> landmark value.<br />

e) Setting - the site may have an aspect and outlook that facilitates recreational<br />

tourism activities and/or the creation <strong>of</strong> a tourism character and ambience.<br />

f) Tourism activities and amenities - the site provides, or has easy access to,<br />

supporting activities and amenities such as tours, fishing, historic sites, walk<br />

trails, cafes, etc.<br />

g) Alternative sites - the site has an element <strong>of</strong> scarcity in that it may be the only<br />

opportunity to achieve a significant tourism development in an area.<br />

h) Suitability - the site is located within a land use context that will not overly limit<br />

the extent <strong>of</strong> activities <strong>of</strong> guests within the resort due to amenity impacts on<br />

adjoining residents or where the adjoining uses potentially will detract from the<br />

tourism character <strong>of</strong> the site.<br />

i) Capability - the site has the capacity to be developed for tourism purposes and<br />

accommodate the associated services in a manner that does not detract from<br />

the natural attributes <strong>of</strong> the site.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 15<br />

j) Size - the site should be <strong>of</strong> a size adequate to accommodate a sustainable<br />

tourism facility <strong>of</strong> the appropriate type for the location, with consideration <strong>of</strong><br />

future expansion, and exhibit potential for the necessary level <strong>of</strong> services to be<br />

provided.<br />

k) Function - Strategic tourism sites may perform a specific function, such as a<br />

traditional social or cultural role, and/or serve a particular clientele.<br />

4 An assessment <strong>of</strong> the capacity <strong>of</strong> existing tourist zoned land the availability <strong>of</strong> land for<br />

future tourism development. This analysis would be undertaken as part <strong>of</strong> the<br />

'existing situation' section.<br />

5 Recognition <strong>of</strong> the existing and potential level <strong>of</strong> tourism development that can be<br />

catered for on land not zoned specifically for tourism purposes. This will involve an<br />

assessment <strong>of</strong> non-tourist zones in the Scheme which allow for tourism related<br />

development. These zones can complement tourist zonings and may be more useful<br />

in situations where the local industry needs more associated activities and amenities<br />

than actual direct tourist accommodation (such as cafes or gift shops) or there is a<br />

scarcity <strong>of</strong> suitable new tourism sites. (It should be noted that mixed use zones<br />

should not be used as surrogate tourist zones where there are no tourist zones and<br />

short stay accommodation is not the highest and best use <strong>of</strong> land.)<br />

6 Approaches to providing for the long term protection <strong>of</strong> the range and volume <strong>of</strong><br />

tourism developments through addressing -<br />

identified strategic tourism sites to be retained for tourism-only purposes,<br />

identified non-strategic tourist zoned land on which up to a maximum <strong>of</strong> 25<br />

percent <strong>of</strong> the number <strong>of</strong> units/size <strong>of</strong> site may be developed with no occupancy<br />

restriction use,<br />

the function <strong>of</strong> caravan parks as providing for tourist, seasonal, and residential<br />

use and the need to provide adequate capacity to accommodate each category<br />

through limiting long-stay use <strong>of</strong> tourism parks and the conversion <strong>of</strong> caravan<br />

parks to park home parks,<br />

the proportion <strong>of</strong> cabin/chalet development that should be permitted within<br />

caravan parks and camping grounds, reflecting the character <strong>of</strong> existing users<br />

and projected demand,<br />

provisions for rural tourist accommodation and other complementary tourist<br />

uses in appropriate rural areas via a Policy mechanism and Scheme provisions,<br />

land that should be considered for future tourism use as a tourism precinct<br />

(strategic location), and land no longer required to be retained for tourism use,<br />

and<br />

mechanisms to ensure the sustainable retention <strong>of</strong> a range <strong>of</strong> tourist<br />

accommodation within the locality and to support emerging tourism<br />

development opportunities.<br />

The Local Tourism Planning Strategy should identify the need for any specific policies or<br />

measures required to improve the tourism environment and promote higher standards <strong>of</strong><br />

tourism development, such as townscape improvements, economic development plans or<br />

strategies, proposals to upgrade public infrastructure and any design guidelines for the<br />

various tourist accommodation categories or particular sites/locations, where appropriate.<br />

These guidelines should incorporate issues such as site size and development density to<br />

guide the establishment <strong>of</strong> sustainable developments. The Strategy should also establish<br />

the requirement for the preparation <strong>of</strong> development guide plans/outline development plans<br />

and landscape and community impact assessment where considered necessary.<br />

Implementation <strong>of</strong> the Strategy<br />

This section will outline the actions needed to implement the Strategy. Any proposed Policy<br />

mechanisms and Amendments to the local Planning Scheme in terms <strong>of</strong> additional tourist<br />

zones and Scheme provisions and Policies should also be identified.<br />

The Strategy outcomes may be incorporated directly into the Scheme in the form <strong>of</strong> zones<br />

or Policies or a combination <strong>of</strong> both. Alternatively, provisions may be included in the<br />

Scheme which makes reference to the Strategy and/or applicable Policies, to give the


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 16<br />

Strategy greater statutory power and improve the clarity and effectiveness <strong>of</strong> the Scheme in<br />

relation to tourism matters.<br />

This section should identify an priorities for early action, and any planning related incentives<br />

or measures which may be required to encourage tourism development within an area, such<br />

as increased density or inclusion <strong>of</strong> residential components.<br />

Process <strong>of</strong> Approval<br />

The Local Tourism Planning Strategy provides the framework for the identification <strong>of</strong><br />

strategic tourism sites, the application <strong>of</strong> proposed tourist zones, and the principles for the<br />

assessment <strong>of</strong> residential use proposal for tourism developments. It also provides a basis<br />

for decision making in tourism planning and development control and the recommendations<br />

will be incorporated into the local Planning Strategy. Accordingly, the Strategy should be<br />

assessed by Tourism WA and endorsed by the Western Australian Planning Commission in<br />

addition to being adopted by the Local Authority.<br />

Monitoring and Review<br />

It is recommended that the Strategy be reviewed and revised on a regular basis to<br />

determine whether the objectives and strategies are being achieved. Given the statutory<br />

requirement to review a Town Planning Scheme every five years, the Strategy could be<br />

reviewed to coincide with this timeframe.<br />

Assistance and Information Sources<br />

The cost and effort in preparing a Local Tourism Planning Strategy will vary considerably<br />

between Local Authorities depending on the size and importance <strong>of</strong> tourism to the area.<br />

Local Authorities such as Broome and Busselton for example would require a more<br />

comprehensive Strategy than Local Governments with a lower tourism priority.<br />

Tourism WA has control and knowledge <strong>of</strong> extensive data and information sources which<br />

may assist Local Authorities in the preparation <strong>of</strong> their Strategy. A supply/demand model<br />

has been prepared which will enable Local Authorities with a significant tourist market to<br />

forecast the demand for tourism accommodation and plan for appropriate sites to be zoned<br />

and protected. Tourism WA's planning team is also available to provide some guidance and<br />

assistance throughout the process. It is anticipated that other Agencies and bodies will see<br />

the benefit <strong>of</strong> a Local Tourism Planning Strategy, and Tourism WA will work closely with<br />

such stakeholders to maximise their involvement and expertise where possible.<br />

Appendix One<br />

Content <strong>of</strong> Local Tourism Planning Strategies<br />

1 Introduction<br />

2 Study Area<br />

3 The State, Regional and Local Context<br />

4 Objectives<br />

5 Existing Situation<br />

• Supply, opportunities, strengths, weaknesses, constraints<br />

• Demographics <strong>of</strong> the existing tourist market<br />

• Economic impacts on the industry<br />

• Private and public sector investment opportunities<br />

• Current infrastructure commitments relating to tourism development<br />

• Current tourism development approvals<br />

• Identification <strong>of</strong> future public work programs or major development proposals<br />

which may influence tourism development<br />

• Current tourism related planning controls in place<br />

• Audit <strong>of</strong> the current tourism accommodation in place<br />

• Details <strong>of</strong> events and attractions<br />

6 Future Estimates<br />

• Current and future demand<br />

• Growth projections


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 17<br />

7 The Strategy<br />

• Description and comparison <strong>of</strong> any alternative strategies examined<br />

• Specific strategies or measures, eg townscape improvements, urban design<br />

guidelines, economic development plans or strategies, proposals to upgrade<br />

public infrastructure, etc.<br />

• General strategies for the development <strong>of</strong> tourism accommodation<br />

• The location <strong>of</strong> new tourism development sites<br />

• The justification for the rezoning <strong>of</strong> existing tourism sites to an alternative zone<br />

• The proposed range <strong>of</strong> tourism zones<br />

• The processes, provisions and assessment criteria to guide development <strong>of</strong> any<br />

identified strategic tourism site/location<br />

8 Implementation<br />

• Changes to zoning and Town Planning Scheme provisions<br />

• Promotion and assistance by Local Government and State Government<br />

• Incentives and measures for private sector involvement<br />

• Priorities and timeframes<br />

9 Monitoring and Review<br />

Appendix Two<br />

Further Information and Resources<br />

Information and assistance can be obtained from the following references -<br />

Department for Planning and Infrastructure (2004) Report <strong>of</strong> the Ministerial Taskforce to the<br />

Minister for Planning and Infrastructure - Investigation <strong>of</strong> the Impact <strong>of</strong> Combining Tourist<br />

and Permanent Residential Accommodation on Tourist Zoned Land and the Impact <strong>of</strong> Strata<br />

Titling <strong>of</strong> Tourist Accommodation.<br />

Tourism Western Australia (2005) Tourism Accommodation Development Register<br />

Tourism Western Australia (2005) Destination Development Strategies<br />

Tourism Western Australia (2006) Draft Tourism Accommodation Land Requirement Report<br />

Tourism Western Australia (2006) Strategic Tourism Sites Checklist<br />

Australian Bureau <strong>of</strong> Statistics website (www.abs.gov.au)<br />

Western Australian Planning Commission website (www.wapc.wa.gov.au)<br />

Department for Planning and Infrastructure website (www.dpi.wa.gov.au)<br />

Tourism Western Australia website (www.westernaustralia.com)<br />

Decipher - tourism research website (www.decipher.biz)<br />

Bureau <strong>of</strong> Tourism Research website (www.btr.gov.au)<br />

Department <strong>of</strong> Regional Development website (www.regional.wa.gov.au)<br />

Australian Government - Tourism Impact Model for Local Government<br />

(www.industry.gov.au)<br />

Appendix Three<br />

Process for Preparation and Approval <strong>of</strong> Local Tourism Planning Strategies<br />

1 Determine the need for a Strategy -<br />

Local Government resolves to prepare a Strategy, establish a brief, and appoint<br />

consultants and/or a steering committee. Tourism WA and the Department for<br />

Planning and Infrastructure should be consulted within the preparation <strong>of</strong> the brief.<br />

2 Determine the structure/level <strong>of</strong> consultation -<br />

This may involve representation from industry, community and environment in<br />

the establishment <strong>of</strong> a tourism planning taskforce.<br />

Identify objectives, goals, and strategies for tourism from a planning viewpoint.<br />

3 Research on tourism industry in area -<br />

Issues to address -<br />

Demand, supply, opportunities, strengths, weaknesses, threats.<br />

Economic impacts on the industry.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 18<br />

Private and public sector investment opportunities.<br />

Infrastructure requirements relevant to tourism growth and development.<br />

Financial/budget/human resource implications for implementation.<br />

Continuity <strong>of</strong> commitment to tourism in the community.<br />

Information and assistance may be available from Tourism WA/Regional Tourism<br />

Organisations/Regional Development Commissions.<br />

4 Preparation <strong>of</strong> draft Strategy with assistance from Tourism WA, the Department for<br />

Planning and Infrastructure and local tourism industry, adopted by the Local<br />

Government for public comment. The Strategy is forwarded to the Western Australian<br />

Planning Commission and Tourism WA for comment prior to advertising.<br />

5 Public Consultation -<br />

Strategy is advertised for public comment.<br />

Modifications made to Strategy in light <strong>of</strong> submissions received.<br />

6 Final approval by Local Government Council granted, Strategy is then referred to the<br />

Western Australian Planning Commission for endorsement.<br />

7 Strategy recommendations are incorporated into local Planning Strategy/Town<br />

Planning Scheme. Other actions are undertaken as recommended in the Strategy,<br />

such as detailed Policy formulation.<br />

Planning consultants Taylor Burrell Barnett advise as follows -<br />

FEE PROPOSAL - LOCAL TOURISM PLANNING STRATEGY<br />

We refer to our various discussions through the consideration <strong>of</strong> Town Planning Scheme No 3 in<br />

relation to the need and importance for the preparation <strong>of</strong> a Local Tourism Planning Strategy. We<br />

are pleased to provide the following advice and fee proposal for the preparation <strong>of</strong> a Local Tourism<br />

Planning Strategy.<br />

BACKGROUND<br />

We have undertaken preliminary consultation with Tourism WA and the WA Planning Commission<br />

in relation to the brief for the preparation <strong>of</strong> a Local Tourism Planning Strategy, in particular<br />

Tourism WA has provided a draft guideline document to assist Local Authorities in the preparation<br />

<strong>of</strong> a Local Tourism Planning Strategy. We have been advised that these guidelines will form the<br />

basis for the preparation <strong>of</strong> a Planning Bulletin by the WA Planning Commission.<br />

The Western Australian Planning Commission has only recently finalised the Planning Bulletin<br />

associated with the Tourism Taskforce report. The Planning Bulletin will be released shortly to the<br />

public and it will be necessary to review the proposal based on the Planning Bulletin.<br />

Whilst at a preliminary stage we have used the guidelines as the basis for determining the scope <strong>of</strong><br />

works for the preparation <strong>of</strong> the Local Tourism Planning Strategy. In the event that the Planning<br />

Bulletin varies the requirements there may the need to reassess the tasks and fees at that time.<br />

LOCAL TOURISM PLANNING STRATEGY<br />

There are a number <strong>of</strong> planning matters which require direction through a Local Tourism Planning<br />

Strategy, at a macro level this includes the importance <strong>of</strong> tourism to the economy and financial<br />

consideration and at a micro level assessment <strong>of</strong> sites <strong>of</strong> strategic and non-strategic significance and<br />

the planning framework for decision making. These issues are summarised as follows -<br />

• Tourist accommodation on pastoral leases and land under the ownership <strong>of</strong> the former<br />

Conservation and Land Management<br />

• Potters Block Tourist/Residential Precinct<br />

• Review <strong>of</strong> Nanga Station and provisions<br />

• Rationalisation <strong>of</strong> Special Use site No 3 back to residential<br />

• Audit <strong>of</strong> existing tourist development a demand and strategic direction for future tourist<br />

accommodation<br />

• Consistency <strong>of</strong> provisions for Tourist Uses within Town Planning Scheme No 3


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 19<br />

As part <strong>of</strong> the preparation <strong>of</strong> the Local Planning Strategy covering the above aspects, we will need to<br />

undertake a site inspection <strong>of</strong> approximately 3 days duration, attended by a Senior Associate or<br />

Associate from this <strong>of</strong>fice.<br />

A special visit to Denham will be required to meet with the Steering Committee.<br />

FEES<br />

Based on Appendix 1 - Content <strong>of</strong> Local Tourism Planning Strategies and Appendix 3 - Process for<br />

Preparation and Approval <strong>of</strong> Local Tourism Planning Strategies we have formulated the attached<br />

draft Project Methodology and associated costings specific to <strong>Shark</strong> <strong>Bay</strong>. (Includes site inspection,<br />

but excludes accommodation, airfares, car hire and meals whilst in Denham.)<br />

This fee is a draft only for discussion purposes. It makes a number <strong>of</strong> assumptions, including the<br />

number and location <strong>of</strong> the project meetings, number <strong>of</strong> meetings with key stakeholders etc. In the<br />

event that there is an agreed change to the Methodology, this is likely to result in a variation to the<br />

overall estimated fee. No variation will be undertaken without first obtaining the approval <strong>of</strong> the<br />

Client.<br />

The above fees do not include GST or disbursements (base mapping, contour mapping, aerial<br />

photography, flights, accommodation, purchase <strong>of</strong> documents/references, colour rendering, copies and<br />

prints, couriers, additional site inspections, etc).<br />

We trust the above tasks and fee is acceptable to Council and seek your comments and direction in<br />

relation to commencing the tasks detailed above.<br />

SHIRE OF SHARK BAY - LOCAL TOURISM PLANNING STRATEGY<br />

Draft Proposal and Fee Schedule<br />

Company Taylor Burrell Barnett<br />

Hourly Rate $220 $155 $90<br />

Lex<br />

Barnett<br />

Karen<br />

Wright<br />

Drafting<br />

Total<br />

Task<br />

Hours<br />

Cost<br />

GST<br />

Total<br />

Fees<br />

Inc<br />

GST<br />

TASK 1 Project Inception<br />

1.1 Finalise brief 1 2 3 $530 $53 $583<br />

1.2 Determine Steering<br />

2 2 $310 $31 $341<br />

Committee<br />

1.3 1 x meeting with Council 2 2 $310 $31 $341<br />

Total Staff Hours 1 6 7 $1,150 $115 $1,265<br />

TASK 2 Formulation <strong>of</strong> Study<br />

2.1 Determine Key Stakeholders 3 3 $465 $47 $512<br />

2.2 Identify Study goals and 2 4 6 $1,060 $106 $1,166<br />

objectives<br />

Total Staff Hours 2 7 9 $1,525 $153 $1,678<br />

TASK 3 Background Research<br />

3.1 Site inspection (3 days) 10 14 24 $4,370 $437 $4.807<br />

3.2 Literature review 8 8 $1,240 $124 $1,364<br />

3.3 Consultation with key<br />

25 25 $3,875 $388 $4,263<br />

stakeholders and<br />

documentation (assume 5 x<br />

5 hr meetings)<br />

3.4 Economic impacts 5 5 $775 $78 $853<br />

3.5 Financial implications 5 5 $775 $78 $853<br />

3.6 Mapping 20 20 $1,800 $180 $1,980<br />

Total Staff Hours 10 57 20 87 $12,835 $1,284 $14,119<br />

TASK 4 Preparation <strong>of</strong> Draft Strategy<br />

4.1 Prepare draft strategy 6 38 15 59 $8,580 $856 $9,416<br />

document<br />

Total Staff Hours 6 38 15 59 $8,580 $856 $9,416<br />

TASK 5 Public Consultation<br />

5.1 Open Day (1 day) 16 5 21 $2,930 $293 $3,223<br />

Total Staff Hours 16 5 21 $2,930 $293 $3,223


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 20<br />

Company Taylor Burrell Barnett<br />

Hourly Rate $220 $155 $90<br />

Lex<br />

Barnett<br />

Karen<br />

Wright<br />

Drafting<br />

Total<br />

Task<br />

Hours<br />

Cost<br />

GST<br />

Total<br />

Fees<br />

Inc<br />

GST<br />

TASK 6 Prepare Final Strategy<br />

6.1 Consider submissions 3 10 13 $2,210 $2221 $2,431<br />

(assumes max 10 at one<br />

hour per submission)<br />

6.2 Prepare strategy (assume no 8 6 10 24 $3,590 $359 $3,949<br />

major modifications)<br />

Total Staff Hours 11 16 10 37 $5,800 $580 $6,380<br />

TASK 7 Prepare Recommended Implementation<br />

7.1 Recommendations for 2 8 10 $1,680 $168 $1,848<br />

Scheme Amendment<br />

7.2 Recommendation for Policy 2 8 10 $1,680 $168 $1,848<br />

Total Staff Hours 4 16 20 $3,360 $336 $3,696<br />

TASK 8 Project Administration<br />

8.1 Bi-monthly Steering<br />

14 14 $2,170 $217 $2,387<br />

Committee Meetings in <strong>Shark</strong><br />

<strong>Bay</strong> (max 2 meetings)<br />

8.2 Bi-monthly teleconference 4 4 $620 $62 $682<br />

Total Staff Hours 18 18 $2,790 $279 $3,069<br />

SUMMARY OF STAFF HOURS<br />

TASK 1 Project Inception 1 6 7<br />

TASK 2 Formulation <strong>of</strong> Study 2 7 9<br />

TASK 3 Background Research 10 57 20 87<br />

TASK 4 Preparation <strong>of</strong> Draft Strategy 6 38 15 59<br />

TASK 5 Public Consultation 16 5 21<br />

TASK 6 Prepare Final Strategy 11 16 10 37<br />

TASK 7 Prepare Recommended 4 16 20<br />

Implementation<br />

TASK 8 Project Administration 18 18<br />

Total Staff Hours 34 174 50 258<br />

SUMMARY OF PROFESSIONAL FEES<br />

TASK 1 Project Inception $220 $930 $1,150 $115 $1,265<br />

TASK 2 Formulation <strong>of</strong> Study $440 $1,085 $1,525 $153 $1,678<br />

TASK 3 Background Research $2,200 $8,835 $1,800 $12,835 $1,284 $14,119<br />

TASK 4 Preparation <strong>of</strong> Draft Strategy $1,320 $5,890 $1,350 $8,560 $856 $8,416<br />

TASK 5 Public Consultation $2,480 $450 $2,930 $293 $3,223<br />

TASK 6 Prepare Final Strategy $2,420 $2,480 $900 $5,800 $580 $6,380<br />

TASK 7 Prepare Recommended $880 $2,480 $3,360 $336 $3,696<br />

Implementation<br />

TASK 8 Project Administration $2,790 $2,790 $279 $3,069<br />

Total Pr<strong>of</strong>essional Fees $7,480 $26,970 $4,500 $38,950 $3,895 $42,845<br />

DISBURSEMENTS<br />

1 Plan prints, couriers, etc<br />

$12,000 $1,200 $13,200<br />

(does not include airfares<br />

and accommodation<br />

Total <strong>of</strong> Disbursements $12,000 $1,200 $13,200<br />

TOTAL COST $50,950 $5,095 $56,045<br />

Comment<br />

Given the importance <strong>of</strong> tourism to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> I believe the guidelines highlight<br />

the significance <strong>of</strong> a Local Tourism Planning Strategy and the many benefits that it would<br />

have as a development control document in the planning approval process. It would ensure<br />

that potential tourist developers thoughtfully consider approval requirements or Scheme<br />

Amendments. The potential outcome would be quality and sustainable tourism<br />

development within the <strong>Shire</strong>.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 21<br />

While a Local Tourism Planning Strategy would have many benefits in tourism development<br />

approval processes, the cost to prepare the document as identified in the Fee Proposal from<br />

Taylor Burrell Barnett is significant and one that could not be funded solely by the <strong>Shire</strong>.<br />

Legal Implications<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (as amended).<br />

Policy Implications<br />

Local Tourism Planning Strategy would be adopted by Council as a Policy pursuant to the<br />

<strong>Shire</strong>'s Town Planning Scheme.<br />

Financial Implications<br />

The Fee Proposal to prepare a Local Tourism Planning Strategy will be referred to the<br />

<strong>Shire</strong>'s draft 2007/08 budget considerations.<br />

Strategic Implications<br />

A Local Tourism Planning Strategy would be an important document for the future tourism<br />

development planning within the <strong>Shire</strong>.<br />

Recommendation<br />

That Council recognise the importance <strong>of</strong> the preparation <strong>of</strong> a Local Tourism<br />

Planning Strategy by -<br />

1 Referring the sum <strong>of</strong> $10,000 to its draft 2007/08 budget as seed funding for the<br />

preparation <strong>of</strong> a Local Tourism Planning Strategy.<br />

2 Seeking other avenues <strong>of</strong> funding/technical assistance to complete a Local<br />

Tourism Planning Strategy.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 14 May 2007<br />

Moved Cr Cane<br />

Seconded Cr Blennerhassett<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

11.2 DEVELOPMENT APPLICATION 14/2007 - FACTORY/WORKSHOP 65 (LOT 325) P1518<br />

VLAMINGH CRESCENT, DENHAM - D AND M GRAHAM<br />

Author<br />

Manager Regulatory Services<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Précis<br />

D and M Graham have submitted an application for the development <strong>of</strong> a factory/workshop<br />

on 65 (Lot 325) Vlamingh Crescent, Denham. This report considers the application and<br />

recommends conditional approval in accordance with the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>'s Town<br />

Planning Scheme No 2 (as amended).<br />

Background<br />

The development <strong>of</strong> a factory/workshop in the industrial area is a permitted use if developed<br />

in accordance with the requirements <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>'s Town Planning Scheme No<br />

2 (as amended).


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 22<br />

Comment<br />

The continuing development <strong>of</strong> service infrastructure in the industrial area is a good sign <strong>of</strong><br />

economic growth.<br />

Legal Implications<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (as amended).<br />

Policy Implications<br />

Policy 5.7 Caretaker's Dwellings in Industrial Areas.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

The location <strong>of</strong> capital infrastructure service facilities into industrial zoned land is the<br />

ultimate objective <strong>of</strong> all Town Planning Schemes.<br />

Recommendation<br />

That Council grant conditional approval to the proponents <strong>of</strong> Development<br />

Application 14/2007, D and M Graham, to develop a factory/workshop on 65 (Lot 325)<br />

Vlamingh Crescent, Denham, subject to -<br />

1 To be used for the purpose <strong>of</strong> a Factory/Workshop.<br />

2 To be developed in accordance with the endorsed plan.<br />

3 Compliance in all respects with the Building Regulations 1989 (as amended).<br />

Two sets <strong>of</strong> working drawings and specifications are required to be submitted<br />

with the building application.<br />

4 The layout <strong>of</strong> the site and the size <strong>of</strong> the proposed buildings and works shown<br />

on the endorsed plan shall not be altered for any reason without the consent <strong>of</strong><br />

the <strong>Shire</strong>'s Planning Officer.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 23<br />

5 The consent <strong>of</strong> Council being sought and obtained prior to any change <strong>of</strong> use<br />

<strong>of</strong> the premises.<br />

6 All exterior metal cladding, including the ro<strong>of</strong>, shall be <strong>of</strong> patent pre-treated<br />

finish, such as Colorbond, to the satisfaction <strong>of</strong> the <strong>Shire</strong>'s Planning Officer.<br />

7 Four parking spaces, each 2.6 x 5.5 metres, to be provided with adequate and<br />

approval access.<br />

8 The use hereby permitted shall comply with the definition <strong>of</strong> factory/workshop<br />

and caretaker's residence as contained in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>'s Town<br />

Planning Scheme No 2 (as amended).<br />

9 No advertising sign shall be erected without the further approval <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong>.<br />

10 All landscaping and site works to be completed prior to the occupation <strong>of</strong> the<br />

premises.<br />

11 Compliance with all aspects <strong>of</strong> the Health Act 1911 (as amended).<br />

12 Compliance with Council's Trade Waste Disposal requirements.<br />

13 The provision <strong>of</strong> trade waste storage facilities to a design approved by Council.<br />

14 The driveways, crossings and parking areas shall be constructed, sealed and<br />

drained in accordance with plans and specifications approved by the <strong>Shire</strong>'s<br />

Engineering Officer.<br />

15 Off-street car parking for a minimum <strong>of</strong> four vehicles to be provided on a<br />

hardstand and drained surface to the satisfaction <strong>of</strong> Council.<br />

16 Ingress and egress <strong>of</strong> vehicles to be carried out within the confines <strong>of</strong> the<br />

property.<br />

17 Vehicle access driveways to be hardstand and drained to the satisfaction <strong>of</strong><br />

Council.<br />

18 The loading and <strong>of</strong>f-loading <strong>of</strong> vehicles to be carried out within the confines <strong>of</strong><br />

the property.<br />

19 Access to the site from Vlamingh Crescent to be constructed to the satisfaction<br />

<strong>of</strong> the <strong>Shire</strong>'s Planning Officer.<br />

20 Off-street parking to be provided for employees' vehicles.<br />

21 Gardens to be retained and maintained in a neat condition where practicable.<br />

22 An application to be made for any signs proposed to be erected on the site.<br />

23 Application to be made for the proposed erection <strong>of</strong> any sign on the property<br />

and such signs are not to exceed 0.1 square metres in area.<br />

24 Fencing <strong>of</strong> the site to be carried out to the <strong>Shire</strong> Building Surveyor's<br />

satisfaction.<br />

25 Design and materials used in the building and fencing to be to the satisfaction<br />

<strong>of</strong> the <strong>Shire</strong>'s Planning Officer and Building Surveyor.<br />

26 Arrangements satisfactory to the <strong>Shire</strong>'s Engineering Officer to be made for the<br />

storage and collection <strong>of</strong> garbage container.<br />

This approval is valid for 2 years from the date <strong>of</strong> approval. All conditions <strong>of</strong><br />

approval are required to be met within this time period.<br />

Note - Failure to complete conditions <strong>of</strong> approval or commencement <strong>of</strong> development<br />

within the 2 year approval period will result in the approval becoming invalid and a<br />

new application will be required to be lodged.<br />

Voting Requirements<br />

Simple Majority Required.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 24<br />

Date <strong>of</strong> Report 14 May 2007<br />

Moved Cr Cane<br />

Seconded Cr Crawford<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

11.3 DEVELOPMENT APPLICATION 15/2007 - BUILDING SETBACK VARIATION 77 (LOT 115) P 1089<br />

HUGHES STREET - D AND M ROCK<br />

Author<br />

Manager Regulatory Services<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Précis<br />

D and M Rock, 77 Hughes Street, Denham, have submitted Development Application<br />

15/2007 which requests Council approval to construct a free standing carport within the front<br />

setback <strong>of</strong> 77 (Lot 115) Hughes Street, Denham. While a carport, with Council approval,<br />

can be permitted within a front setback location, this particular application seeks to infill the<br />

southern facing wall <strong>of</strong> the carport which identifies it as a pseudo garage, which is contrary<br />

to the Residential Design Codes.<br />

This report considers variable circumstances which may allow Council to grant conditional<br />

approval to this application.<br />

Background


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 25<br />

Comment<br />

When considering variables to primary street setbacks the most important criteria for<br />

assessment relates to -<br />

* Visual impact on the streetscape.<br />

* Possible impact on adjoining properties.<br />

* Evaluation <strong>of</strong> each application based upon the merits or otherwise <strong>of</strong> each individual<br />

application to avoid setting unwarranted precedents.<br />

While this application, because <strong>of</strong> its brick southern wall, has to be assessed as a garage<br />

and is therefore contrary to the Residential Design Codes, its location in Hughes Street has<br />

an exceptionally wide road reserve. The lot has a frontage <strong>of</strong> 28.0 metres and the dwelling<br />

is double storey, hence the impacts <strong>of</strong> this proposal could be considered as complimentary<br />

to the streetscape, with no impact on adjoining properties and with the merit <strong>of</strong> providing<br />

screening for the occupant's vehicles.<br />

However I believe that if this proposal/application is approved it should be conditional upon<br />

streetscape values being preserved or enhanced. This could be achieved by having the<br />

southern brick wall a mix <strong>of</strong> construction materials rather than face brickwork.<br />

Legal Implications<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (as amended).<br />

Residential Design Codes <strong>of</strong> WA.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Careful consideration <strong>of</strong> streetscape values have important long term economic benefits for<br />

the community.<br />

Recommendation<br />

That Council advise the proponents D and M Rock, 77 Hughes Street, Denham, that<br />

Development Application 15/2007 for a building setback variation is conditionally<br />

approved subject to -


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 26<br />

1 The submission and approval <strong>of</strong> a building licence for the construction <strong>of</strong> a<br />

carport/garage on 77 (Lot 115) Hughes Street, Denham.<br />

2 The southern brick wall being a mix <strong>of</strong> construction materials other than face<br />

brickwork.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 21 May 2007<br />

Moved Cr Blennerhassett<br />

Seconded Cr Hoult<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

11.4 SUBDIVISIONAL PROPOSAL - LOT 1 EDEL LOCATION NANGA ROAD, NANGA P2037<br />

Author<br />

Manager Regulatory Services<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Précis<br />

HTD Surveyors and Planners have submitted an application for preliminary approval <strong>of</strong><br />

support for a proposed subdivision <strong>of</strong> Part Lot 1 Nanga on behalf <strong>of</strong> proponent Mr T Sears.<br />

This report considers the application and recommends that it not be supported.<br />

Background<br />

In support <strong>of</strong> its submission the following information has been provided.<br />

Proposed Subdivision - Lot 1 Edel Location Nanga Road, Nanga<br />

In September 2006, based on the advice from the <strong>Shire</strong>'s Town Planning Department, the WA<br />

Planning Commission resolved to refuse an application for the excision <strong>of</strong> 6,884 square metres from<br />

the abovementioned property, for the following reasons -<br />

1 The proposed subdivision is inconsistent with the "Special Use - Tourist Development"<br />

zoning <strong>of</strong> the land in the Council's Town Planning Scheme. Subdivision in the manner<br />

proposed would create potential for additional building development which would be in<br />

conflict with the zoning objectives.<br />

2 The Commission is not prepared to approve a subdivision for residential purposes only in an<br />

area zoned for tourist development, as it is contrary to the Town Planning Scheme and will<br />

conflict with the intent and purpose <strong>of</strong> the zone.<br />

3 Approval to the subdivision would set an undesirable precedent for the further subdivision <strong>of</strong><br />

surrounding lots.<br />

ADVICE TO APPLICANT<br />

1 The permitted uses in respect to this site are tourist development (including caravan parks),<br />

chalet development, holiday cottages, museums, residences and any other uses that Council<br />

considers to be ancillary and incidental to the approved predominant use and are consistent<br />

with the objectives <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2.<br />

It appears that the reasons for the refusal are contradictory, in that the <strong>Shire</strong>'s Town Planner and the<br />

Commission were not prepared to approve a subdivision for residential purposes only in an area<br />

zoned for tourist development as it is contrary to the TPS & will conflict with the intent & purpose<br />

<strong>of</strong> the zone, however, in the advice to the applicant it is clearly stated that under the Town Planning<br />

Scheme "residences and any other uses that Council considers to be ancillary & incidental to the<br />

approval predominant use" as permitted uses.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 27<br />

The purpose <strong>of</strong> the application was to allow the landowner to remain in the area, whilst selling the<br />

main portion <strong>of</strong> the property for a larger commercial tourist venture such as chalets & holiday<br />

cottages, whilst developing the 6,884 square metre as a unique small scale boutique eco-tourism<br />

venture.<br />

The principal aim <strong>of</strong> the proposed venture is to appeal to those tourists that love the outdoors whilst<br />

note being the "camping type". The proposed building/s will use the basic types <strong>of</strong> eco principles<br />

such as -<br />

• solar power<br />

• solar passive design<br />

• use <strong>of</strong> plantation and recycled timbers<br />

• building location and footprint to ensure minimal impact on the land<br />

• reduced and minimised use <strong>of</strong> chemicals & PVC products<br />

• low energy and water saving appliances & fittings<br />

• protection & promotion <strong>of</strong> indigenous flora & fauna<br />

The intended venture will draw information and be based on other eco home/resort type ventures in<br />

Australia, including "Coco Eco Resort - Broome", "Ningaloo Reef Retreat", and "Kooljarman - Cape<br />

Leveque".<br />

The owners' intentions however will be most similar (although smaller scale) to that <strong>of</strong> the "Coco<br />

Eco Resort" which is a Bed & Breakfast nature retreat.<br />

Each <strong>of</strong> the above uses however utilise the basic principles as listed above, whilst still remaining<br />

individual due to their unique locations.<br />

<strong>Shark</strong> <strong>Bay</strong> is promoted as a "World Heritage" area, yet there are no examples <strong>of</strong> this type <strong>of</strong> venture<br />

available in the immediate area.<br />

There are a number <strong>of</strong> architects in the state and across the country that specialise in this type <strong>of</strong><br />

development, and most will push for the acknowledgement <strong>of</strong> regionally responsive design, hence<br />

designs for locations will differ depending on their environmental factors such as wind, sunlight,<br />

native vegetation, general climate, etc.<br />

The owner envisages that the design <strong>of</strong> the house will utilise any cooling ocean breezes, have ceiling<br />

fans, be solar oriented and promote a quiet relaxed setting in a natural environment.<br />

The building will be elevated and oriented to make the most <strong>of</strong> any cooling breezes and enjoy<br />

panoramic views and a visual connection to the tidal bay & ocean beyond.<br />

The building form will be a direct response to the climatic conditions and environmental qualities <strong>of</strong><br />

the site, with ro<strong>of</strong> forms that can act as "wind scoops" directing available breezes to within the<br />

buildings during summer. It is noted however that the area also experiences very strong winds,<br />

therefore the building design will also factor this into its design with one possible solution being the<br />

use <strong>of</strong> slatted timber panels to buffer the wind whilst still allowing a ventilation flow, and some solar<br />

penetration for lighting. Wherever possible the building will be reliant on passive thermal design to<br />

assist with energy efficiency. The owner will be committed to the use <strong>of</strong> alternative energy<br />

production wherever possible with aims <strong>of</strong> possibly running the whole building on solar power with<br />

an emergency generator backup. Energy consumption will be carefully considered with the use <strong>of</strong><br />

energy efficient appliances & fixtures.<br />

Other Eco Resorts and dwellings around Australia & Globally for that matter tend to focus &<br />

market themselves based on the natural environment, and the kind <strong>of</strong> "escape" aspect <strong>of</strong> the location.<br />

Given this, the owner has also recognised that he will have to not only commit to the basic eco<br />

principles but it will also be very important for the area to be revegetated and for the land to reflect<br />

its original natural state.<br />

The intended use will be able to market itself as an alternative accommodation form in the region that<br />

will attract like minded tourists to the area. It will also be in a position to raise awareness <strong>of</strong><br />

sustainable building/development and tourism in the region.<br />

Given that the above proposal will be an extremely costly exercise, the landowner obviously requires<br />

some assurances that this proposal can and will be supported. The purpose <strong>of</strong> the subdivision is to<br />

ensure that this venture can and will be treated as a completely separate operation to that which<br />

currently exists on the subject land.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 28<br />

The landowner has however also indicated that while it is his intention to establish an eco based<br />

venture on the proposed lot, that if after full investigation this does not prove successful or viable, he<br />

will continue with the existing boat hire business as an alternative, but with it separated from the<br />

existing chalet & holiday accommodation uses on the subject land.<br />

The separation <strong>of</strong> the two types <strong>of</strong> businesses will also require the preliminary approval <strong>of</strong> Council to<br />

subdivide the land so that each different type <strong>of</strong> tourist venture can be owned and operated by<br />

separate parties, and that if either one wishes to expand or diversify they can do so on an individual<br />

basis.<br />

The separation <strong>of</strong> the two types <strong>of</strong> businesses will also allow the landowner to remain in the vicinity,<br />

and operate one business only, whilst being able to sell the other to operate independently, rather<br />

than trying to operate two separate types <strong>of</strong> business himself or on the same land holding.<br />

The purpose <strong>of</strong> this proposal is to therefore seek preliminary approval from Council that a reapplication<br />

for subdivision would be supported to allow the owner to pursue the establishment <strong>of</strong> a<br />

purpose built eco bed & breakfast homestead on the newly created lot, whilst the existing chalets and<br />

other commercial tourist ventures will be sold and operated separately. Or alternatively allowing the<br />

landowner to pursue the boat hire business as a separate venture to the chalet/holiday<br />

accommodation use.<br />

If you have any queries or require any further information please do not hesitate to contact this <strong>of</strong>fice.<br />

Comment<br />

Lot 1 Nanga is zoned Special Use under the current Town Planning Scheme which identifies<br />

and permits a number <strong>of</strong> potential tourist uses. Many types <strong>of</strong> tourist uses could be<br />

considered provided the proposed development was well thought out and sustainable with<br />

the end use being short stay. Residential development is not permitted unless it is ancillary<br />

to the predominant use, being tourism.<br />

In this instance the applicant has misinterpreted the provisions and intent <strong>of</strong> the Scheme in<br />

which residences may be considered by Council if they are ancillary or incidental to the


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 29<br />

approved predominant use, which is tourist development. An example <strong>of</strong> an ancillary or<br />

incidental residential use in this instance would be a manager or caretaker's residence.<br />

Small scale subdivisions in this location should also be discouraged as there are no service<br />

provisions such as water, power, sewerage, rubbish and/or other amenities. Points 1-3<br />

identified in the applicant's submission as reason for the initial subdivision refusal remain<br />

relevant.<br />

The clarity <strong>of</strong> definitions within the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (as<br />

amended) in relation to the Special Use provisions for Nanga have been improved within<br />

Town Planning Scheme No 3 and having a Local Tourism Planning Strategy would also be<br />

most beneficial to both potential developers and Council in this regard.<br />

Legal Implications<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (as amended).<br />

Policy Implications<br />

Local Tourism Planning Strategy would be adopted by Council as a Policy pursuant to its<br />

Town Planning Scheme.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Small scale subdivisions in rural areas are not recommended as small <strong>Shire</strong>'s have no<br />

financial ability to provide services.<br />

Recommendation<br />

That Council advise HTD Surveyors and Planners that Council will not provide<br />

support for the proposed subdivision <strong>of</strong> Lot 1 Edel Location Nanga as it is<br />

inconsistent with the Special Use - Tourist Development zoning <strong>of</strong> the land under the<br />

provisions <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (as amended).<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 14 May 2007<br />

Moved Cr Crawford<br />

Seconded Cr Hoult<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

11.5 OUTLINE DEVELOPMENT PLAN PART NORTH LOCATION 59 - DENHAM ROAD TO 111<br />

Author<br />

Manager Regulatory Services<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Précis<br />

At its <strong>Ordinary</strong> meeting held on 28 February 2007 at Item 11.1 the <strong>Shark</strong> <strong>Bay</strong> <strong>Shire</strong> Council<br />

considered an Outline Development Plan for part North Location 59 Denham Road and<br />

resolved -<br />

That Council advise Dykstra Planning, on behalf <strong>of</strong> the proponent Sigma Syon Pty Ltd that it<br />

is prepared to conditionally approve the proposed Outline Development Plan, Part North


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 30<br />

Location 59 Denham Road, Denham, for the purpose <strong>of</strong> referral and advertising subject to<br />

satisfactory agreement/approval and/or further information being obtained/provided and<br />

resolved to the satisfaction <strong>of</strong> Council during the course <strong>of</strong> the advertising period relative to<br />

the issues identified hereunder -<br />

1 Footpaths and Dual Use paths not identified on the plan or possible options, for<br />

linkages to <strong>Shire</strong>'s current infrastructure.<br />

2 Landscaping/Verge treatment not addressed in the plan.<br />

3 Further information is required on the positioning and aesthetic treatment <strong>of</strong><br />

stormwater compensation basins.<br />

4 Proposed and future road interfaces for this development and potential future<br />

development in this location requires careful consideration and also endorsement<br />

from Main Road WA.<br />

5 Consideration also needs to be given to what type <strong>of</strong> Tourist activity may be possible<br />

on the designated tourist sites and for the need to now, through the Outline<br />

Development Plan process identify future access and egress points as part <strong>of</strong> a<br />

collective road interface overview that can be endorsed.<br />

6 Barrier retaining walls need to be better identified with reference to construction<br />

material, height relativities to Monkey Mia Road and as separation between<br />

Tourist/Residential development.<br />

7 Council need to agree to accept Cash in Lieu <strong>of</strong> Public Open Space Provision and<br />

identify where that income would be directed and on what it would be expended as is<br />

required when agreeing to accept same.<br />

8 The Water Corporation in its submission to Town Planning Scheme No. 3 has<br />

identified the need for a 100 metre buffer between a residential development and its<br />

Water Treatment Plant. This is an issue that will have to progress to satisfactory<br />

resolution through the advertising process.<br />

9. That Council will allow the Outline Development Plan/Subdivision to progress<br />

concurrently with the progress <strong>of</strong> the finalisation <strong>of</strong> Town Planning Scheme No. 3 and<br />

its intent for Special Use Zone 3 contained within Schedule 4 but with the proviso that<br />

a Scheme Amendment may have to be initiated if there are unforseen delays to the<br />

finalisation <strong>of</strong> Town Planning Scheme No. 3.<br />

This report now addresses the resolve <strong>of</strong> the above Council recommendation, considers<br />

any submissions received after the closure <strong>of</strong> the advertising period, and recommends<br />

conditional approval to allow the development to progress to the subdivision stage.<br />

Background<br />

At the close <strong>of</strong> the advertising period, being 4.00 pm 18 May 2007, no comments/<br />

submissions had been received in relation to the Outline Development Plan.<br />

Written confirmation has been received from the Water Corporation advising that its<br />

treatment plant will not be an impact on the proposed development.<br />

The following preliminary comments have been received from a traffic management<br />

consultant regarding the Outline Development Plan -<br />

• The intersection spaces <strong>of</strong> approximately 140 metres along Denham-Hamelin Road [Denham<br />

Road] (from Peron Road [Monkey Mia Road]to the proposed subdivision road) is probably<br />

acceptable (with the assumption that speed zoning can be modified if necessary).<br />

• However, it is not recommended to provide another intersection to the south in between these<br />

2 junctions. The road to the south would have to be opposite the road to the north, with a<br />

roundabout at the 4-way intersection.<br />

• It may be necessary to remove the proposed crossover for the 4,000 square metre Tourist<br />

Accommodation site <strong>of</strong>f Denham-Hamelin Road [Denham Road] (although this will depend<br />

on the level <strong>of</strong> traffic generation).


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 31<br />

All other issues are addressed within the resubmitted Outline Development Plan hereunder -<br />

MONKEY<br />

MIA ROAD<br />

SHARK BAY<br />

ROAD<br />

DENHAM ROAD<br />

Comment<br />

While there remain a number <strong>of</strong> issues that will require further consideration and detail I<br />

believe that sufficient information has been provided to allow the development to proceed to<br />

the next stage, being subdivision.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 32<br />

Legal Implications<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (as amended) and Town Planning Scheme<br />

No 3 (as proposed).<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

The proposal <strong>of</strong> another residential subdivision in the area is a good indicator <strong>of</strong> economic<br />

confidence in the <strong>Shire</strong>.<br />

Recommendation<br />

That Council advise Dykstra Planning on behalf <strong>of</strong> the proponent Sigma Syon Pty Ltd<br />

that it is prepared to endorse the principles and objectives proposed in the Outline<br />

Development Plan for Part North Location 59 Denham Road, Denham, and will<br />

accordingly advise the Western Australian Planning Commission <strong>of</strong> its support.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 17 May 2007<br />

Moved Cr Cane<br />

Seconded Cr Blennerhassett<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

11.6 RESIDENTIAL DEVELOPMENT DESIGN GUIDELINES - STELLA ROWLEY DRIVE TO 111<br />

SUBDIVISION<br />

Author<br />

Manager Regulatory Services<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Précis<br />

LandCorp engaged planning consultants Taylor Burrell Barnett to prepare Residential<br />

Development Design Guidelines for stages 1-3 <strong>of</strong> its subdivision at Stella Rowley Drive,<br />

Denham. Incorporated into this report is a copy <strong>of</strong> the Residential Development Design<br />

Guidelines which detail mandatory and non mandatory requirements for all residential<br />

development proposed for Stella Rowley Drive.<br />

This report recommends that Council endorse the Residential Development Design<br />

Guidelines for the purpose <strong>of</strong> advertising with the view <strong>of</strong> final adoption <strong>of</strong> the Residential<br />

Development Design Guidelines as a Council Policy pursuant to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />

Town Planning Scheme.<br />

Background<br />

Design Guidelines - Stella Rowley Road Subdivision, Denham - May 2007 - attached


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 33<br />

Comment<br />

While the adoption and implementation <strong>of</strong> Residential Development Design Guidelines are a<br />

positive way to improve the overall quality and standard <strong>of</strong> new residential subdivisions, I<br />

am, at this stage, not convinced that the implementation <strong>of</strong> the guidelines via the processes<br />

and procedures outlined will be readily achievable. The concerns I have relate to the<br />

processes for initial building approval to be obtained and the contractual arrangements for<br />

the compliance <strong>of</strong> the mandatory building requirements by LandCorp.<br />

Legal Implications<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2 (as amended).<br />

Policy Implications<br />

The Residential Development Design Guidelines will be adopted as a Council Policy per se.<br />

Financial Implications<br />

Unknown additional staff resource requirement required to assess development approval<br />

conditions.<br />

Strategic Implications<br />

The end result will be better quality subdivisions and development <strong>of</strong> residential housing.<br />

Recommendation<br />

That Council endorse the Residential Development Design Guidelines and the<br />

Guidelines be advertised for a period <strong>of</strong> 28 days to allow Public Comment/<br />

Submissions prior to consideration <strong>of</strong> final adoption as Council Policy.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 17 May 2007<br />

Moved Cr Crawford<br />

Seconded Cr Blennerhassett<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

12.0 BUILDING REPORT<br />

Nil.<br />

13.0 HEALTH REPORT<br />

Nil.<br />

14.0 REPORTS BY STAFF<br />

14.1 COUNCILLORS' QUESTION TIME TO MANAGER REGULATORY SERVICES<br />

STELLA ROWLEY DRIVE SUBDIVISION STREET NAMES<br />

The Manager Regulatory Services stated that LandCorp had insufficient background<br />

information for the most recent names suggested so those names previously decided by<br />

Council would be utilised.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 34<br />

15.0 WORKS REPORT<br />

15.1 WORKS COMMITTEE<br />

15.1.1 WORKS COMMITTEE MEETING MINUTES 27 FEBRUARY 2007<br />

The following minutes <strong>of</strong> the Works Committee meeting held on 27 February 2007 were<br />

confirmed at the Works Committee meeting held on 29 May 2007.<br />

Minutes <strong>of</strong> the meeting <strong>of</strong> the Works Committee held in the Meeting Room in the<br />

<strong>Shire</strong> Offices on Tuesday 27 February 2007<br />

WC 1.0<br />

WC 2.0<br />

WC 3.0<br />

DECLARATION OF OPENING<br />

The Chairperson declared the meeting open at 7.05 pm.<br />

RECORD OF ATTENDANCES/APOLOGIES/LEAVE OF ABSENCE GRANTED<br />

Attendances Cr H J Crawford Chairperson<br />

Cr B W Cane<br />

Cr D O Hoult<br />

Mr K J Matthews Chief Executive Officer<br />

Mr G W Brown Works Supervisor<br />

Apologies<br />

Mr B J Galvin<br />

Mr S Kocian<br />

Nil<br />

PUBLIC QUESTION TIME<br />

Town Supervisor<br />

Finance and Administration Manager/<br />

Minute Clerk<br />

The public question time commenced at 7.05 pm. There being no public present<br />

the public question time ceased at 7.05 pm.<br />

WC 4.0<br />

CONFIRMATION OF MINUTES<br />

WC 4.1 Confirmation <strong>of</strong> the Minutes <strong>of</strong> the Works Committee meeting held on Tuesday 28<br />

November 2006.<br />

Recommendation<br />

That the minutes <strong>of</strong> the Works Committee meeting held on 28 November<br />

2006, as circulated to all Committee members, be confirmed as a true and<br />

accurate record.<br />

Moved Cr D Hoult<br />

Seconded Cr B Cane<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 5.0<br />

WC 5.1<br />

REPORTS<br />

Works Supervisor Report<br />

Author<br />

Works Supervisor<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Roadworks<br />

Odene Road works have been completed with works starting on Useless Loop<br />

Road on 19 February 2007.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 35<br />

With these works starting S & SL Guthrie Earthmoving Contractors (WA) Pty Ltd<br />

has not been able to stockpile road building material due to mechanical problems<br />

with its bulldozer. This will cause some delay to the works schedule. We have<br />

been able to obtain another contractor to proceed with the stockpiling but will not<br />

be able to commence until 19 February 2007. Within 3 days we should have<br />

enough material stockpiles to enable carting to commence. An extra truck has<br />

also been hired to start at same time to tow the <strong>Shire</strong>'s water tanker with S & SL<br />

Guthrie Earthmoving Contractors (WA) Pty Ltd supplying a truck side tipper and<br />

water tanker as required.<br />

Edge patching will start on Monkey Mia Road on 20 February 2007, with work on<br />

<strong>Shark</strong> <strong>Bay</strong> Road as well. This should have a duration <strong>of</strong> between 4-6 weeks.<br />

Set up <strong>of</strong> Tamala camp for next year will take approximately 3 days as work has<br />

also been completed on the sleeping vans.<br />

Town Maintenance<br />

Town Maintenance has continued with watering <strong>of</strong> lawns during windy times.<br />

Some problem times and frequency <strong>of</strong> watering is to be changed to attempt to<br />

limit the effects these conditions have to the watering.<br />

Plant Maintenance<br />

Maintenance <strong>of</strong> plant has been ongoing during the last 6 weeks, with work done<br />

on the grader and Volvo loader having to be done out <strong>of</strong> town.<br />

Recommendation<br />

That the information be received.<br />

Date <strong>of</strong> Report 19 February 2007<br />

Moved Cr Cane<br />

Seconded B Galvin<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 6.0<br />

WORKS REPORTS<br />

WC 6.1 <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre - Front Gardens BU 106.03<br />

Author<br />

Works Supervisor<br />

Disclosure <strong>of</strong> any Interest<br />

Nil<br />

Background<br />

Request from January 2007 Council meeting to provide ideas for gardens in front<br />

<strong>of</strong> the Centre.<br />

Comment<br />

Some discussion at Works Committee with ideas <strong>of</strong> cost efficient and economical<br />

way for improvement to this area. The well area was also included in previous<br />

discussions to beautify with safety provisions to be put in place for the public.<br />

Legal Implications<br />

Nil<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 36<br />

Strategic Implications<br />

Nil.<br />

Recommendation<br />

That the Works Committee recommend to Council that Council -<br />

1 Replace the buffel grass with native shrubs, ground cover and additional<br />

paving around the flag pole and front windows.<br />

2 As a temporary measure cover and decommission the well, landscape<br />

the area around the well and provide a bike rack.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 19 February 2007<br />

Moved Cr B Cane<br />

Seconded Cr D Hoult<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 6.2 Disabled Parking <strong>Bay</strong>s DI 100 RO 106<br />

Author<br />

Works Supervisor<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

Request from January 2007 Council meeting for extra Disabled Parking <strong>Bay</strong><br />

outside <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre, Knight Terrace, Denham.<br />

Comment<br />

An email sent to Terri Tonkin <strong>of</strong> Main Roads WA in Carnarvon advising <strong>of</strong><br />

Council's intention to have a disabled parking bay located in front <strong>of</strong> the <strong>Shark</strong><br />

<strong>Bay</strong> World Heritage Discovery Centre. Advice was received back that Knight<br />

Terrace is a <strong>Shire</strong> road with parking bays being the responsibility <strong>of</strong> the <strong>Shire</strong>.<br />

Requirements for a Disabled Parking <strong>Bay</strong> immediately east <strong>of</strong> the current loading<br />

zone in front <strong>of</strong> the Discovery Centre require alterations to the kerbing, signage<br />

and line marking to accommodate the legislative specifications <strong>of</strong> an additional<br />

Disabled Parking <strong>Bay</strong>.<br />

Line marking is to be done on <strong>Shark</strong> <strong>Bay</strong> Road after reseals. This crew will be<br />

requested to also line mark streets in town site <strong>of</strong> Denham. Some areas MRWA<br />

is accountable for, while others the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> will be accountable for.<br />

Contact has been made to line marking company by the Works Supervisor<br />

requesting costs.<br />

Legal Implications<br />

Nil<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil<br />

Strategic Implications<br />

Nil


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 37<br />

Recommendation<br />

That the Works Committee recommends to Council that Council not make a<br />

decision with regards to the installation <strong>of</strong> a disabled parking bay area on<br />

Knight Terrace immediately east <strong>of</strong> the current loading zone, until the full<br />

cost <strong>of</strong> doing so is determined for possible inclusion in the 2007/2008<br />

budget.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 19 February 2007<br />

Moved Cr D Hoult<br />

Seconded K Matthews<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 6.3 Tender 2006/07-03 Depot Shed TE 115.11<br />

Author<br />

Works Supervisor<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

Tenders were advertised in January/February 2007 for the purchase and<br />

construction <strong>of</strong> a shed at the <strong>Shire</strong> Depot, Dampier Road, Denham. The budget<br />

allowance in the 2006/2007 budget is $75,000.<br />

Comment<br />

The evaluation <strong>of</strong> tenders should include, but is not limited to, consideration <strong>of</strong> -<br />

• Value for money.<br />

• Price compared to budgeted cost.<br />

• Conformity with tender documents.<br />

• Previous contractor performance reports.<br />

• Safety records and other organisation factors.<br />

• Technical, management, physical and financial resources.<br />

• Regard for Council Policy 10.6 ‘Local Goods and Services’.<br />

Tenders were received from 2 companies, being:<br />

John Famlonga Depot Shed Colorbond $70,108 inc GST<br />

Koolinda Way Depot Shed Zincalume Ro<strong>of</strong> $69,168 inc GST<br />

Exmouth WA 6707<br />

Mobile 041 792 4742<br />

Paul Mason Depot Shed Colorbond $54,300 + GST<br />

177 Marine Terrace<br />

Busselton WA 6280<br />

Phone/Fax 08 9752 3070<br />

Both tenders received fall within the budget <strong>of</strong> $75,000 (exclusive <strong>of</strong> GST).<br />

The tender received from John Famlonga is for the type <strong>of</strong> shed that it<br />

constructed in Exmouth and conforms to the higher ratings that are required for<br />

such structures in Exmouth. The Shed design also includes four rollers for the<br />

door.<br />

The tender received from Paul Mason conforms to Category 2, Region C<br />

specifications. The Shed design includes two rollers for the door.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 38<br />

It is recommended that the tender from John Famlonga, despite being $10,778<br />

(inc GST) dearer, be accepted. The reasons being that John Famlonga has a<br />

proven track record for constructing sheds which can withstand the weather<br />

conditions in the region. Also John Famlonga’s tender includes a shed with 4<br />

rollers for the door, whilst Paul Mason’s tender is for a shed with only 2 rollers for<br />

the door, which means that the shed with 4 rollers for the door will have greater<br />

structural strength to hold the door up.<br />

Legal Implications<br />

Local Government (Functions and General) Regulations 1996, Part 4, reg. 18<br />

Policy Implications<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Code <strong>of</strong> Tendering<br />

Financial Implications<br />

2006-07 Budget Allocation at $75,000<br />

Strategic Implications<br />

Nil<br />

Recommendation<br />

That the Works Committee recommends to Council that Council award<br />

Tender No 2006/07-03 Supply and Construction <strong>of</strong> Shed at the <strong>Shire</strong> Depot -<br />

Dampier Road Denham, to John Famlonga from Exmouth for a total cost <strong>of</strong><br />

$70,108 inc.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 19 February 2007<br />

Moved Cr B Cane<br />

Seconded B Galvin<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 7.0 INFORMAL DISCUSSION<br />

WC 7.1 Temporary Access Road to Monkey Mia Jetty<br />

WC 7.2 Regional Road Group Meeting in Carnarvon - 26 March 2007<br />

WC 7.3 Reinstatement <strong>of</strong> Woodleigh-Byro Road by Alinta Gas<br />

WC 7.4 Restoration <strong>of</strong> Stone Carved by Captain H M Denham<br />

WC 7.5 Progress <strong>of</strong> Plaques for 40 Mile and Hamelin Tanks<br />

WC 7.6 New School - Footpath along Stella Rowley Drive and Access Carpark<br />

WC 7.7 Progress <strong>of</strong> Installation <strong>of</strong> Stock Signs Along Useless Loop Road<br />

WC 8.0<br />

WC 9.0<br />

WC 9.1<br />

URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY<br />

DECISION<br />

Nil<br />

NEXT MEETING<br />

The next meeting <strong>of</strong> the Works Committee will be held in the <strong>Shire</strong> <strong>of</strong>fice meeting<br />

room on Tuesday 27 March 2007 at 7.00 pm.<br />

WC 10.0 CLOSE<br />

The meeting closed at 8.41 pm.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 39<br />

15.1.2 WORKS COMMITTEE MEETING 29 MAY 2007<br />

A meeting was held on 29 May 2007 and the recommendations follow.<br />

Recommendations <strong>of</strong> the meeting <strong>of</strong> the Works Committee held in the Meeting Room<br />

in the <strong>Shire</strong> Offices on Tuesday 29 May 2007<br />

WC 1.0<br />

WC 2.0<br />

WC 3.0<br />

DECLARATION OF OPENING<br />

The Chairperson declared the meeting open at 7.08 pm.<br />

RECORD OF ATTENDANCES/APOLOGIES/LEAVE OF ABSENCE GRANTED<br />

Attendances Cr H J Crawford Chairperson<br />

Cr B W Cane<br />

Cr R W Eddington<br />

Mr K J Matthews Chief Executive Officer<br />

Mr G W Brown Works Supervisor<br />

Mr S Kocian Finance and Administration Manager/Minute Clerk<br />

Apologies<br />

Cr D O Hoult<br />

Mr B J Galvin<br />

PUBLIC QUESTION TIME<br />

Town Supervisor<br />

The public question time commenced at 7.08 pm. There being no public present<br />

the public question time ceased at 7.08 pm.<br />

WC 4.0<br />

CONFIRMATION OF MINUTES<br />

WC 4.1 Confirmation <strong>of</strong> the Minutes <strong>of</strong> the Works Committee meeting held on Tuesday 27<br />

February 2007.<br />

Recommendation<br />

That the minutes <strong>of</strong> the Works Committee meeting held on 27 February<br />

2007, as circulated to all Committee members, be confirmed as a true and<br />

accurate record.<br />

Moved Cr Cane<br />

Seconded Mr Matthews<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 5.0<br />

WC 5.1<br />

REPORTS<br />

Works Supervisor Report<br />

Recommendation<br />

That the information be received.<br />

Date <strong>of</strong> Report 21 May 2007<br />

Moved Cr Eddington<br />

Seconded Cr Cane<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 6.0<br />

WORKS REPORTS<br />

WC 6.1 Quotation No 2006/07-Q05 -Manager Regulatory Services' Vehicle TE 111.01<br />

Changeover<br />

Recommendation<br />

That the Works Committee recommend to Council that Council award<br />

Quotation No 2006/07-Q05 to Langer Autos Geraldton for the supply <strong>of</strong> a


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 40<br />

Ford falcon XT Wagon at a changeover refund price <strong>of</strong> $350 including GST<br />

and licensing costs.<br />

Date <strong>of</strong> Report 21 May 2007<br />

Moved Cr Cane<br />

Seconded Cr Eddington<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 6.2 Ranger Service DO 101 CA 130 LO 101 LL 111<br />

Recommendation<br />

That the Works Committee recommends to Council that Council engage the<br />

services <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> Carnarvon Ranger on a basis <strong>of</strong> four days per<br />

month at a costs <strong>of</strong> $1,954.00 per month and that this appointment be<br />

advertised in the “Government Gazette”.<br />

Date <strong>of</strong> Report 22 May 2007<br />

Moved Cr Eddington<br />

Seconded Cr Crawford<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

WC 7.0<br />

WC 7.1<br />

WC 7.2<br />

WC 7.3<br />

WC 7.4<br />

WC 8.0<br />

WC 8.1<br />

INFORMAL DISCUSSION<br />

Reinstatement <strong>of</strong> Woodleigh-Byro Road by Saipem<br />

Department <strong>of</strong> Environment and Conservation and Gunson Resources<br />

Rubbish Tip<br />

Condition <strong>of</strong> Useless Loop Road<br />

URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY<br />

DECISION<br />

Surplus Items for Sale - Expression <strong>of</strong> Interest No 2006/07-EO1<br />

Expressions <strong>of</strong> interest for the sale <strong>of</strong> surplus items currently stored at the depot<br />

but no longer required by the <strong>Shire</strong> closed at 4.00 pm on Friday 25 May 2007. A<br />

total <strong>of</strong> 8 bids were received for the various items.<br />

Moved Cr Eddington<br />

Seconded Cr Cane<br />

That the Works Committee recommend to Council that Council accept the<br />

following bids for Expression <strong>of</strong> Interest No 2006/07-E01, as these bids<br />

where the highest bids received for each lot number -<br />

1 Tamala Station - $1,650 (GST inc) for Lot No 1 Lincoln Welder.<br />

2 Brian Vietch - $160 (GST inc) for Lot No 2 Lincoln Welder.<br />

3 Ralph Dodson - $700 (GST inc) for Lot No 3 Two Second Hand Spa<br />

Tubs.<br />

4 Tamala Station - $220 (GST inc) for Lot No 4 One Second Hand 6 x 4<br />

Trailer.<br />

5 Martin Grenside - $25 (GST inc) for Lot No 5 Assorted Second Hand<br />

Computer Hardware.<br />

CARRIED UNANIMOUSLY


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 41<br />

WC 9.0<br />

WC 9.1<br />

NEXT MEETING<br />

The next meeting <strong>of</strong> the Works Committee will be held in the <strong>Shire</strong> <strong>of</strong>fice meeting<br />

room on Tuesday 26 June 2007 at 7.00 pm.<br />

WC 10.0 CLOSE<br />

Recommendation<br />

The meeting closed at 8.07 pm.<br />

1 That the confirmed minutes <strong>of</strong> the Works Committee meeting held on 27<br />

February 2007 be received.<br />

2 That recommendations WC 5.1 to WC 6.2 <strong>of</strong> the Works Committee meeting held<br />

on 29 May 2007 be adopted.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 21 May 2007<br />

Moved Cr Crawford<br />

Seconded Cr Cane<br />

1 That the confirmed minutes <strong>of</strong> the Works Committee meeting held on 27<br />

February 2007 be received.<br />

2 That recommendations WC 5.1 to WC 6.2 and WC 8.1 <strong>of</strong> the Works Committee<br />

meeting held on 29 May 2007 be adopted.<br />

CARRIED UNANIMOUSLY<br />

16.0 TOURISM, RECREATION AND CULTURE REPORT<br />

16.1 DENHAM MARINE FACILITIES MANAGEMENT COMMITTEE<br />

16.1.1 DENHAM MARINE FACILITIES MANAGEMENT COMMITTEE MEETING MINUTES MA 100.01<br />

1 DECEMBER 2006<br />

The following minutes <strong>of</strong> the Denham Marine Facilities Management Committee meeting<br />

held on 1 December 2006 were confirmed at the Denham Marine Facilities Management<br />

Committee meeting held on 8 May 2007.<br />

Minutes <strong>of</strong> the Meeting <strong>of</strong> the Denham Marine Facilities Management Committee held<br />

in the Meeting Room in the Council Chambers on 1 December 2006<br />

MF 1.0<br />

MF 2.0<br />

DECLARATION OF OPENING<br />

In the absence <strong>of</strong> the President the Deputy President chaired the meeting. The<br />

Deputy President declared the meeting open at 11.01 am.<br />

RECORD OF ATTENDANCES/APOLOGIES/LEAVE OF ABSENCE GRANTED<br />

Attendances Cr R W Eddington Deputy President<br />

Cr D O Hoult<br />

Mr K J Matthews Chief Executive Officer<br />

Mr G Ridgley<br />

Mr J McLaughlin<br />

Mr G Brown<br />

Mrs R J Mettam Minute Clerk<br />

Visitor Mr Nich Grundy Assistant Manager Regional Facilities<br />

Department for Planning and Infrastructure<br />

Mr David Skene Department for Planning and Infrastructure


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 42<br />

Leave <strong>of</strong> Absence<br />

Mr Aidan Tansey<br />

Cr M C Hipper<br />

Apologies Cr L R Moss President<br />

Regional Services Manager Carnarvon<br />

Department for Planning and Infrastructure<br />

MF 3.0<br />

MF 4.0<br />

MF 4.1<br />

PUBLIC QUESTION TIME<br />

The public question time commenced at 11.02 am. There being no public present<br />

the public question time closed at 11.02 am.<br />

CONFIRMATION OF MINUTES<br />

Confirmation <strong>of</strong> the Minutes <strong>of</strong> the Denham Marine Facilities Management<br />

Committee meeting held on Wednesday 5 April 2006.<br />

Recommendation<br />

That the minutes <strong>of</strong> the Denham Marine Facilities Management Committee<br />

meeting held on Wednesday 5 April 2006, as circulated to all Committee<br />

members, be confirmed as a true and accurate record.<br />

Moved Cr D Hoult<br />

Seconded Mr G Ridgley<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 5.0<br />

MATTERS FOR DISCUSSION<br />

MF 5.1 Marine Facilities Report by Martin Searle MA 100<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

The Denham Marine Facilities Management Committee is advised that the<br />

Department for Planning and Infrastructure (Marine) commissioned Mr Martin<br />

Searle to undertake a comprehensive report <strong>of</strong> the town jetties and the revetment<br />

wall.<br />

Comment<br />

Mr Searle came to Denham in September 2006 to undertake this report which is<br />

now complete and submitted for the Committee's and the Department for<br />

Planning and Infrastructure's consideration.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Nil.<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council the contents and recommendation (<strong>of</strong> Mr Searle's) report.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 43<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 22 November 2006<br />

Mr Nich Grundy discussed Martin Searle’s Report explaining the table <strong>of</strong><br />

expenditure over the next 5 years.<br />

Mr G Ridgley discussed widening the slipway by taking out a section <strong>of</strong> the<br />

groyne.<br />

The water service to the jetty was discussed along with the dredging and poles in<br />

the pen area. Priority to the Recreation Jetty poles and dredging was approved.<br />

Mr N Grundy discussed the last meeting repairs list and new piles for the<br />

Recreation Jetty. Nich advised that the engineers will look at this issue. Council<br />

has the option to use Department <strong>of</strong> Planning and Infrastructure’s maintenance<br />

contractors.<br />

Moved Mr G Ridgley<br />

Seconded Cr D O Hoult<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 5.2 Denham Marine Facilities Management Committee Member Vacancy MA 100.01<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

The Denham Marine Facilities Management Committee comprises three<br />

Councillors, the Chief Executive Officer and three community members.<br />

Currently the Committee is represented by only two community members.<br />

Comment<br />

In order that the Denham Marine Facilities Management Committee functions with<br />

a full complement <strong>of</strong> members the community member vacancy needs to be<br />

advertised and filled.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Nil.<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council that Council advertise to fill the remaining vacancy on the Denham<br />

Marine Facilities Management Committee.<br />

Voting Requirements<br />

Simple Majority Required.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 44<br />

Date <strong>of</strong> Report 22 November 2006<br />

Moved Mr G Ridgley<br />

Seconded Mr J McLaughlin<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 5.3 Cyclone Contingency Plan CY 101<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

The Cyclone Contingency Plan for the maritime facility at Denham has not been<br />

updated since December 2004.<br />

Comment<br />

The current (December 2004) Cyclone Contingency Plan is attached. Members<br />

are requested to peruse the Plan and note any amendments/additions required.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Nil.<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council that Council amend the Cyclone Contingency for the Maritime<br />

Facility at Denham to include Department <strong>of</strong> Planning and Infrastructure’s<br />

alterations.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 24 November 2006<br />

The Chief Executive Officer advised the amendments he had noted were mainly<br />

in the data directory and date changes to reflect current plan and could not<br />

comment on technical data within plan. Mr N Grundy and Mr A Tansey advised<br />

that this technical data could be included from the newly amended and updated<br />

Carnarvon Cyclone Contingency Plan. Mr A Tansey provided a copy to the<br />

Committee for information and use where applicable.<br />

Moved Cr D Hoult<br />

Seconded Mr G Ridgley<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 6.0<br />

MF 6.1<br />

MF 6.2<br />

INFORMAL DISCUSSION<br />

Winch Operations and Training<br />

Life Expectancy <strong>of</strong> the Denham Recreation Jetty and its Future


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 45<br />

MF 6.3<br />

MF 6.4<br />

MF 6.5<br />

MF 6.6<br />

MF 6.7<br />

MF 6.8<br />

MF 7.0<br />

The Dredging <strong>of</strong> the Pen and Foreshore Area<br />

Denham Fisheries Officers Loading Quad Bikes from the Denham Recreational<br />

Jetty in the Swimming Area<br />

Litter Thrown Overboard by a Local Fishing Vessel<br />

Subsiding <strong>of</strong> the New Boat Ramp<br />

Snapped Bollard on the Denham Jetty<br />

Dual Line Oil Tank<br />

URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY<br />

DECISION<br />

MF 7.1 Extension to Fuel Lease Agreement MA 100 FU 101<br />

Discussion was held on the letter received from Oregon Nominees Pty Ltd in<br />

regards to the extension <strong>of</strong> the lease agreement.<br />

Re - Agreement - Extension and Variation <strong>of</strong> Sub-Lease - Lot 302 <strong>of</strong> Reserve<br />

38444<br />

Clause 7 <strong>of</strong> the above Agreement which was stamped on the eleventh <strong>of</strong> February 2005<br />

grants an option <strong>of</strong> a further term to this Agreement. The length <strong>of</strong> the Option Term is<br />

defined in Item 5 <strong>of</strong> The Schedule which forms part <strong>of</strong> the Agreement.<br />

The Agreement states that the Sub-Lessee (Oregon Nominees Pty Ltd) must give to the<br />

Sub-Lessor (<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>) at least 3 months notice if it wished this further term to<br />

be granted. The existing term is due to expire on 31 March 2007.<br />

On behalf <strong>of</strong> Oregon Nominees Pty Ltd I wish to apply for that further term as defined in<br />

the Agreement to be granted.<br />

Please advise what, if any, further requirements you may have <strong>of</strong> Oregon Nominees Pty<br />

Ltd to allow this option period to be granted and whether the <strong>Shark</strong> <strong>Bay</strong> <strong>Shire</strong> are able to<br />

<strong>of</strong>fer a further option for an extension <strong>of</strong> the new term.<br />

Now is the time to send a letter advising <strong>of</strong> the work that needs to be completed in<br />

the fuel facility area stating that these matters need to be attended to before new<br />

lease agreement is signed.<br />

MF 7.2 Tourism WA - Landbank - Jetty Costing MA 100<br />

Mr N Grundy advised that a letter had been received from the Tourism WA<br />

Development - Landbank asking about the costing for a jetty in the new<br />

subdivision area that is currently being planned.<br />

The Chief Executive Officer commented that there had been no mention <strong>of</strong> this to<br />

Council at the last meeting. All that was proposed was a boardwalk, café and<br />

roadworks in regard to the plans being proposed by Tourism WA - Landbank for<br />

the “Potters” block on Stella Rowley Drive.<br />

MF 8.0<br />

MF 8.1<br />

MF 9.0<br />

NEXT MEETING<br />

The next meeting <strong>of</strong> the Denham Marine Facilities Management Committee will<br />

be held in the Meeting Room in the <strong>Shire</strong> Office, before the budget process is<br />

closed, on a date to be decided.<br />

CLOSE<br />

The meeting closed at 12.19 pm.<br />

16.1.2 DENHAM MARINE FACILITIES MANAGEMENT COMMITTEE MEETING 7 MAY 2007<br />

A meeting was held on 7 May 2007 and the recommendations follow.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 46<br />

Recommendations <strong>of</strong> the Meeting <strong>of</strong> the Denham Marine Facilities Management<br />

Committee held in the Meeting Room in the <strong>Shire</strong> Office on 7 May 2007<br />

MF 1.0<br />

MF 2.0<br />

DECLARATION OF OPENING<br />

In the absence <strong>of</strong> the President Cr D O Hoult Chaired the meeting. Cr Hoult<br />

declared the meeting open at 5:10 pm.<br />

RECORD OF ATTENDANCES/APOLOGIES/LEAVE OF ABSENCE GRANTED<br />

Attendances Cr D O Hoult Chair<br />

Cr R G Blennerhassett<br />

Mr G Ridgley<br />

Mr J McLaughlin<br />

Mr K J Matthews Chief Executive Officer<br />

Mr G Brown<br />

Mrs R Mettam<br />

Works Supervisor<br />

Minute Clerk<br />

Visitors Mr Aidan Tansey Regional Services Manager Carnarvon<br />

Department for Planning and Infrastructure<br />

Apologies Cr L R Moss President<br />

Cr K M Gordon General Deputy<br />

MF 3.0<br />

MF 4.0<br />

MF 4.1<br />

PUBLIC QUESTION TIME<br />

The public question time commenced at 5:10 pm. There being no public present<br />

the public question time ceased at 5:11 pm.<br />

CONFIRMATION OF MINUTES<br />

Confirmation <strong>of</strong> the Minutes <strong>of</strong> the Denham Marine Facilities Management<br />

Committee meeting held on Wednesday 1 December 2006.<br />

Recommendation<br />

That the minutes <strong>of</strong> the Denham Marine Facilities Management Committee<br />

meeting held on Wednesday 1 December 2006, as circulated to all<br />

Committee members, be confirmed as a true and accurate record.<br />

Moved Cr D Hoult<br />

Seconded Mr G Ridgley<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 5.0<br />

MATTERS FOR DISCUSSION<br />

MF 5.1 Marine Facilities Fees and Charges 2007/2008 BU 101 MA 100<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council, that Council adopt the following fees and charges, which<br />

incorporate a 4% CPI increase, for the 2007/2008 financial year.<br />

Function<br />

Program<br />

Particulars<br />

Proposed<br />

Budget<br />

Charge<br />

2007/08<br />

Actual<br />

Charge<br />

2006/07<br />

GST<br />

Frequency<br />

General<br />

Ledger<br />

A/c<br />

Monkey Mia Jetty<br />

Annual Jetty Fee<br />

- Commercial tourism boat<br />

operators<br />

88.50 85.00 Y Per Metre <strong>of</strong><br />

Vessel Length<br />

- Commercial fishing boats 28.10 27.00 Y Per Metre <strong>of</strong><br />

Vessel Length<br />

- Monthly Payment <strong>of</strong> Annual Fee 15% 15% Percentage <strong>of</strong><br />

Annual Fee<br />

45403708


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 47<br />

Function<br />

Program<br />

Particulars<br />

Proposed<br />

Budget<br />

Charge<br />

2007/08<br />

Actual<br />

Charge<br />

2006/07<br />

GST<br />

Frequency<br />

General<br />

Ledger<br />

A/c<br />

TRANSPORT<br />

- E Class Commercial Operation<br />

License for Wildlife Interaction<br />

Tours within the Red Cliff <strong>Bay</strong><br />

Marine Mammal Interaction<br />

restricted area zone -<br />

- T Class Commercial Operation<br />

License for Wildlife Interaction<br />

Tours.<br />

1.10 1.10 Y Per Passenger<br />

Head<br />

1.10 Y Per Passenger<br />

Head<br />

Denham Marina<br />

Slipway Charges<br />

Vessels 45503745<br />

Under 12 metres in length N/A 85.00 Y Per Day or part<br />

there<strong>of</strong><br />

Over 12 metres in length N/A 85.00 Y Per Day or part<br />

there<strong>of</strong><br />

Haulage Charges<br />

Haulage only onto slipway/<br />

ramp for exclusive purpose<br />

<strong>of</strong> Transport Marine Safety<br />

Survey (Limited Period)<br />

Haulage all other Vessels<br />

(includes haul up and<br />

down)<br />

172.00<br />

245.00<br />

165.00<br />

235.00<br />

Y Per Vessel<br />

weekdays<br />

Per Vessel<br />

Weekends/public<br />

holidays<br />

172.00 165.00 Y Per Vessel<br />

Power 6.80 6.50 Y At Cost with a<br />

Minimum Daily<br />

Fee <strong>of</strong><br />

45503747<br />

45503747<br />

Water 4.20 4.00 Y Per Day or part 45503747<br />

there<strong>of</strong><br />

Electric Power Charges<br />

6.80 6.50 Per Day or part 45503747<br />

(Three Phase at Jetty)<br />

there<strong>of</strong><br />

- (Includes Vessels and<br />

Freezer Trucks)<br />

6.80 6.50 Per Day or part<br />

there<strong>of</strong><br />

Pen and Berthing Fees 45503753<br />

Annual Pen Fee (Includes<br />

Service Jetty Fee)<br />

121.00 116.00 Y Per Metre <strong>of</strong><br />

Vessel Length<br />

- Monthly Payment <strong>of</strong><br />

Annual Fee<br />

15% 15% Y Percentage <strong>of</strong><br />

Annual Fee<br />

- Monthly Pen Fee 25% 25% Y Percentage <strong>of</strong><br />

Annual Fee<br />

Annual Fee for use <strong>of</strong> Service<br />

Jetty for Loading and<br />

Unloading<br />

41.00 39.00 Y Per Metre <strong>of</strong><br />

Vessel Length<br />

45503753<br />

Daily Casual Berthing Fee (per 5.00 4.50 Y Per Metre <strong>of</strong> 45503753<br />

day or part there<strong>of</strong>)<br />

Vessel Length<br />

Service Jetty Hardstand 45503786<br />

On Slipway in front <strong>of</strong> Winch<br />

House<br />

26.50 25.50 Y Per Day or part<br />

there<strong>of</strong><br />

Between Toilet Block and Winch<br />

House and East <strong>of</strong> Fuel<br />

Storage Tank and West <strong>of</strong><br />

Service Jetty<br />

13.00 12.50 Y Per Day or part<br />

there<strong>of</strong><br />

Power Charge (Single Phase)<br />

(Included in Annual/Casual<br />

Berthing Fees)<br />

6.80 6.50 Y Per Day or part<br />

there<strong>of</strong><br />

Water Charge 4.20 4.00 Y At Cost with a<br />

Minimum Daily<br />

Fee <strong>of</strong><br />

45503747<br />

45503747<br />

Fuel Wharfage Charge 0.022 0.022 Y Per Litre 45503730<br />

Vessel breakdown daily fee (non 100.00 Y Per day or part<br />

jetty annual paying user)<br />

there<strong>of</strong><br />

Lengthy debate and discussion took place in regard to the proposed fees and<br />

charges for the “E” Class and “T” Class licence operators using the Monkey Mia<br />

jetty and in particular the difference in this charging model in comparison to the


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 48<br />

per metre per vessel model used at both the Denham facility and for other users<br />

<strong>of</strong> the Monkey Mia facility.<br />

The Chief Executive Officer advised the Committee that Council had resolved at<br />

its <strong>Ordinary</strong> meeting in July 2006 to impose the fee <strong>of</strong> $1.00 per passenger head<br />

plus GST for the newly licensed “E” Class operator using the Monkey Mia jetty.<br />

Council similarly resolved at its March 2007 <strong>Ordinary</strong> meeting to impose the same<br />

fee to the “T” Class licensed operator using the Monkey Mia jetty. Any change to<br />

this fee structure would require a rescission motion from Council.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 12 April 2007<br />

Moved Cr Hoult<br />

Seconded Mr Matthews<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 5.2 Denham Marine Facilities Management Committee Member Vacancy MA 100.01<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council that Council re-advertise to fill the remaining vacancy on the<br />

Denham Marine Facilities Management Committee by a Community<br />

member.<br />

Some discussion took place in regard to the Department for Planning and<br />

Infrastructure Marine Gascoyne Regional Manager (Mr Aidan Tansey) being<br />

invited to join the Committee. Department for Planning and Infrastructure Marine<br />

has expressed an interest in being represented on the Committee. It was agreed<br />

in discussion that the community member vacancy be advertised first in order to<br />

determine any interest from the community on being a member <strong>of</strong> the Committee.<br />

Following this process Council can then assess the matter <strong>of</strong> having the<br />

Department for Planning and Infrastructure Marine Regional Manager represented<br />

on the Committee.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 12 April 2007<br />

Moved Mr McLaughlin<br />

Seconded Mr Ridgely<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 5.3 Code <strong>of</strong> Conduct MA 100<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council that Council amend the Code <strong>of</strong> Conduct for the Maritime Facility at<br />

Denham to include the following as Code <strong>of</strong> Conduct number 14 and<br />

vessels that are broken down and do not pay an annual jetty fee be levied a<br />

fee for the duration <strong>of</strong> the breakdown.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 12 April 2007


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 49<br />

Moved Cr Hoult<br />

Seconded Mr Matthews<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council that Council amend the Code <strong>of</strong> Conduct for the Maritime Facility at<br />

Denham to include the following as Code <strong>of</strong> Conduct number 14 –<br />

14 In the event <strong>of</strong> any vessels that are broken down and that do not pay<br />

an annual jetty fee, a daily fee <strong>of</strong> $100.00 (or part there<strong>of</strong>) is to be<br />

levied for the duration <strong>of</strong> the breakdown and that this fee be<br />

included in Council’s 2007/08 budget.<br />

CARRIED UNANIMOUSLY<br />

MF 5.4 Allocation <strong>of</strong> Vacant Pen MA 100<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council that -<br />

1 Fisheries WA (<strong>Shark</strong> <strong>Bay</strong>) is <strong>of</strong>fered the boat pen currently utilised<br />

by Mr Barry Beales when it becomes available after 30 June 2007.<br />

2 That the waiting list be updated and done on an annual basis.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 12 April 2007<br />

Moved Mr Matthews<br />

Seconded Mr Ridgely<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 5.5 Denham Marine Facilities Fuel Lease - Oregon Nominees Pty Ltd MA 100<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommend to<br />

Council that Council agree to the fuel facility lease being allotted to Bailey’s<br />

Marine instead <strong>of</strong> the current sub lease arrangement with Oregon Nominees<br />

Pty Ltd subject to -<br />

1 Agreement from Oregon Nominees Pty Ltd to relinquishing its<br />

current lease with Council.<br />

2 Any new lease agreement be directly between Bailey’s Marine and<br />

the Department for Planning and Infrastructure.<br />

3 Council not being financially disadvantaged by any new lease<br />

agreement between Bailey’s Marine and the Department for<br />

Planning and Infrastructure.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 12 April 2007<br />

Moved Cr Hoult<br />

Seconded Mr Matthews<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 50<br />

MF 5.6 Denham Marine Facilities Management Committee Name MA 100<br />

Recommendation<br />

That the Denham Marine Facilities Management Committee recommends to<br />

Council that Council agree to the change <strong>of</strong> the Committee’s name to <strong>Shark</strong><br />

<strong>Bay</strong> Marine Facilities Management Committee.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 30 April 2007<br />

Moved Cr Hoult<br />

Seconded Mr McLaughlin<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

MF 6.0<br />

MF 6.1<br />

MF 6.2<br />

MF 7.0<br />

INFORMAL DISCUSSION<br />

Monkey Mia Jetty Fees and Usage<br />

Denham Marine Facilities Upgrade<br />

URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY<br />

DECISION<br />

Nil.<br />

MF 8.0<br />

MF 8.1<br />

MF 9.0<br />

NEXT MEETING<br />

The next meeting <strong>of</strong> the Denham Marine Facilities Management Committee will<br />

be held in the Meeting Room in the <strong>Shire</strong> Office on a date to be decided.<br />

CLOSE<br />

Recommendation<br />

The meeting closed at 6:55 pm.<br />

1 That the confirmed minutes <strong>of</strong> the Denham Marine Facilities Management<br />

Committee held on 1 December 2006 be received.<br />

2 That recommendations MF 5.1 to MF 5.6 <strong>of</strong> the Denham Marine Facilities<br />

Management Committee held on 8 May 2007 be adopted.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 22 May 2007<br />

Moved Cr Hoult<br />

Seconded Cr Blennerhassett<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

The Chief Executive Officer commented there had been considerable discussion regarding<br />

the Monkey Mia jetty fees and this would be discussed later in the meeting Behind Closed<br />

Doors.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 51<br />

16.2 SHARK BAY WORLD HERITAGE DISCOVERY CENTRE MANAGEMENT COMMITTEE BU 106.03.01<br />

16.2.1 SHARK BAY WORLD HERITAGE DISCOVERY CENTRE MANAGEMENT COMMITTEE BU 106.03.01<br />

MEETING MINUTES 1 DECEMBER 2006<br />

The following minutes <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management<br />

Committee meeting held on 8 December 2006 were confirmed at the <strong>Shark</strong> <strong>Bay</strong> World<br />

Heritage Discovery Centre Management Committee meeting held on 23 May 2007.<br />

Minutes <strong>of</strong> the inaugural Meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee held in the Function Room, Heritage Resort on Friday 8<br />

December 2006.<br />

DC 1.0<br />

DECLARATION OF OPENING<br />

In the absence <strong>of</strong> the President the Deputy President, Cr R W Eddington,<br />

assumed the Chair and declared the meeting open at 4.00 pm.<br />

Cr Eddington welcomed all who attended and gave a brief background to the<br />

purpose <strong>of</strong> the meeting which included explaining what Council's expectations<br />

were from the Committee and how the Committee would function in conjunction<br />

with the proposed Visitors Centre.<br />

DC 2.0<br />

DC 3.0<br />

DC 4.0<br />

DC 4.1<br />

RECORD OF ATTENDANCES/APOLOGIES/LEAVE OF ABSENCE GRANTED<br />

Attendances Cr R W Eddington Deputy President<br />

Mr K J Matthews Chief Executive Officer<br />

Hon V A Catania MLC Member for Mining and Pastoral<br />

Mrs K Button<br />

Majestic Tours<br />

Mr L Deschamps <strong>Shark</strong> <strong>Bay</strong> Safaris<br />

Visitors<br />

Cr D O Hoult<br />

Mr Steve Potter<br />

Mr Joachim Azzopardi<br />

Apologies Cr L R Moss President<br />

PUBLIC QUESTION TIME<br />

Senior Advisor Minister for Planning<br />

and Infrastructure's Office<br />

Journalist Northern Guardian<br />

The public question time opened at 4.01 pm. There being no public present the<br />

public question time closed at 4.01 pm.<br />

CONFIRMATION OF MINUTES<br />

Inaugural Meeting<br />

As this is the inaugural meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery<br />

Centre Management Committee there are no minutes to confirm.<br />

DC 5.0<br />

DC 5.1<br />

REPORTS<br />

Function and Purpose <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

Council established the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management<br />

Committee for the purpose <strong>of</strong> advising Council <strong>of</strong> issues relevant to the


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 52<br />

operational management and strategic direction <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre.<br />

In doing so it is intended to take the views and suggestions from outside <strong>of</strong><br />

Council such as those provided by the other members <strong>of</strong> the Committee.<br />

Comment<br />

The function, or terms <strong>of</strong> reference, <strong>of</strong> the Committee would be stated as those<br />

<strong>of</strong> -<br />

A<br />

B<br />

C<br />

Determining the strategic direction for the operations <strong>of</strong> the Centre.<br />

Providing advice to Council on matters regarding the day to day<br />

operations <strong>of</strong> the Centre.<br />

Representing the views <strong>of</strong> Council in regard to the Centre to industry<br />

businesses and Government alike.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Nil.<br />

Recommendation<br />

That the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management<br />

Committee recommend to Council that the purpose and function <strong>of</strong> the<br />

<strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management Committee be<br />

defined as the following Terms <strong>of</strong> Reference -<br />

A<br />

B<br />

C<br />

Determining the strategic direction for the operations <strong>of</strong> the Centre.<br />

Providing advice to Council on matters regarding the day to day<br />

operations <strong>of</strong> the Centre.<br />

Representing the views <strong>of</strong> Council in regard to the Centre to<br />

industry businesses and Government alike.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 5 December 2006<br />

The Chief Executive Officer spoke briefly on the purpose and function <strong>of</strong> the<br />

Committee in support <strong>of</strong> what Cr Eddington had said earlier. This included<br />

advising the Committee that as this was the inaugural meeting the Terms <strong>of</strong><br />

Reference for the Committee would be altered to adjust to the scope <strong>of</strong> the<br />

Committee in the future. The following agenda items would also be part <strong>of</strong> the<br />

Terms <strong>of</strong> Reference <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee in the future.<br />

Moved Hon V Catania<br />

Seconded Mrs K Button<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 53<br />

DC 5.2<br />

Marketing and Merchandise<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

Council recently decided to introduce a limited commercial merchandising focus<br />

to the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre. This change included<br />

amending the name <strong>of</strong> the Centre from <strong>Shark</strong> <strong>Bay</strong> Interpretive Centre to <strong>Shark</strong><br />

<strong>Bay</strong> World Heritage Discovery Centre.<br />

Other commercial initiatives include expanding the range <strong>of</strong> books for sale in the<br />

Centre and investigating the availability <strong>of</strong> high quality (relevant) souvenirs for sale<br />

from the Centre.<br />

Council also initiated the process <strong>of</strong> the Centre becoming a Level 1 Accredited<br />

Visitor Centre.<br />

Comment<br />

Council has begun the process <strong>of</strong> changing the focus <strong>of</strong> the Centre to a more<br />

commercial basis.<br />

Opportunity also exists for paving the current space in front <strong>of</strong> the Centre to utilise<br />

as a café alfresco area for lease to existing commercial operators in the vicinity.<br />

This would not provide direct competition by Council to any <strong>of</strong> these existing<br />

businesses.<br />

Provision for marketing <strong>of</strong> the Centre has been made to Council's 2006/07<br />

budget.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Nil.<br />

Recommendation<br />

That the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management<br />

Committee recommend to Council other marketing and merchandising<br />

options for the Centre.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 5 December 2006<br />

The Chairperson, Cr Eddington, expanded on the merchandising opportunities by<br />

advising that Council had already begun investigating with Market Creations<br />

souvenir lines for sale in the Centre. These included small shell blocks, coasters<br />

in the form <strong>of</strong> Dirk Hartog plates, placemats from early explorer maps, CD<br />

soundscapes and perhaps photographic booklets <strong>of</strong> the terrestrial, marine and<br />

maritime aspects <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 54<br />

Moved Mrs K Button<br />

Seconded Mr L Deschamps<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

DC 5.3<br />

Inclusion <strong>of</strong> Visitor Services<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

The introduction <strong>of</strong> Tourism WA Visitor Centre services demonstrates Council's<br />

commitment to commercialising the operations <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre without adversely affecting local businesses.<br />

Council has successfully applied for Level 1 accreditation <strong>of</strong> the Centre following<br />

the recent demise <strong>of</strong> the only other Visitor Centre operator.<br />

Relevant grants for the Centre were completed and submitted to Tourism WA<br />

before the nominated closing date <strong>of</strong> 30 November 2006. These grants were for<br />

online booking system, telephony system, brochure racking and applicable<br />

signage.<br />

Visitor Centre information services will compliment and benefit the operations <strong>of</strong><br />

the Centre.<br />

Comment<br />

One <strong>of</strong> the crucial functions <strong>of</strong> the Centre when accredited as a Visitor Centre is<br />

to provide membership <strong>of</strong> the Centre to businesses/Government Agencies<br />

involved directly and/or indirectly in the tourism industry. In doing so various<br />

categories will be developed to accommodate membership.<br />

Council staff are currently developing this policy document for Council's<br />

consideration and adoption.<br />

A requirement <strong>of</strong> this membership will be to elect a Committee that will meet to<br />

provide input and advice on issues regarding the services provided by the Centre.<br />

The logical reporting process for this Committee may be to the <strong>Shark</strong> <strong>Bay</strong> World<br />

Heritage Discovery Centre Management Committee.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Nil.<br />

Recommendation<br />

That the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management<br />

Committee recommend to Council that the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre Management Committee serve as a reporting body for the<br />

proposed <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Visitor Centre<br />

Services Membership Committee.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 55<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 5 December 2006<br />

The Chief Executive Officer gave an update on the Visitor Centre accreditation<br />

and how the concept would integrate with the functions <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World<br />

Heritage Discovery Centre. In particular, when fully operational as a Visitor<br />

Centre and with the requirement to have a Centre Membership Base Committee<br />

which could provide advice on industry issues to the Management Committee.<br />

This way Council would be informed <strong>of</strong> tourism industry issues for debate and<br />

consideration.<br />

The Chairperson advised that Council would be considering early in the New Year<br />

the membership category policy for the Visitors Centre and that the Management<br />

Committee would be involved with input into this policy.<br />

Moved Mr L Deschamps<br />

Seconded Mrs K Button<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

DC 6.0<br />

DC 6.1<br />

DC 6.2<br />

DC 7.0<br />

DC 8.0<br />

DC 8.1<br />

INFORMAL DISCUSSION<br />

World Heritage Drive<br />

Centre Exhibition<br />

URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY<br />

DECISION<br />

Nil.<br />

NEXT MEETING<br />

The next meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee will be held in the <strong>Shire</strong> <strong>of</strong>fice meeting room on a date<br />

and time to be determined.<br />

The Chairperson, Cr R Eddington, advised that the meeting cycle <strong>of</strong> the <strong>Shark</strong><br />

<strong>Bay</strong> World Heritage Discovery Centre Management Committee is envisaged to<br />

meet three to four times each year.<br />

The Hon Vince Catania MLC said he would be making every effort to attend all<br />

meetings and saw the Committee as a valuable mechanism to improve the<br />

viability <strong>of</strong> the Centre.<br />

Mr Steve Potter applauded Council and the Committee on the World Heritage<br />

Drive initiative and stated these were the types <strong>of</strong> initiatives that benefited a<br />

community's viability.<br />

DC 9.0<br />

CLOSE<br />

The Chairperson thanked all those attending and closed the meeting at 5.38 pm.<br />

16.2.2 SHARK BAY WORLD HERITAGE DISCOVERY CENTRE MANAGEMENT COMMITTEE BU 106.03.01<br />

MEETING 23 MAY 2007<br />

A meeting was held on 23 May 2007 and the recommendations follow.<br />

Recommendations <strong>of</strong> the meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee held in the Meeting Room in the <strong>Shire</strong> Offices on<br />

Wednesday 23 May 2007


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 56<br />

DC 1.0<br />

DC 2.0<br />

DECLARATION OF OPENING<br />

The Deputy President declared the meeting open at 5.25 pm.<br />

RECORD OF ATTENDANCES/APOLOGIES/LEAVE OF ABSENCE GRANTED<br />

Attendances Cr R W Eddington Deputy President<br />

Mr K J Matthews Chief Executive Officer<br />

Hon V A Catania MLC Member for Mining and Pastoral<br />

Mr L Deschamps <strong>Shark</strong> <strong>Bay</strong> Safaris<br />

Apologies Cr L R Moss President<br />

Mrs K Button<br />

Majestic Tours<br />

DC 3.0<br />

DC 4.0<br />

DC 4.1<br />

PUBLIC QUESTION TIME<br />

The public question time commenced at 5.25 pm. There being no public present<br />

the public question time ceased at 5.25 pm.<br />

CONFIRMATION OF MINUTES<br />

Confirmation <strong>of</strong> the Minutes <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee meeting held on Friday 8 December 2006.<br />

Recommendation<br />

That the minutes <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee meeting held on Friday 8 December 2006, as<br />

circulated to all Committee members, be confirmed as a true and accurate<br />

record.<br />

Moved Mr Catania<br />

Seconded Mr Matthews<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

DC 5.0<br />

DC 5.1<br />

REPORTS<br />

Visitor Centre Fees and Commission<br />

Recommendation<br />

That the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management<br />

Committee recommend to Council that Council impose the following fees<br />

and charges for Visitor Centre membership and for booking commission<br />

rates at the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre -<br />

1 Membership -<br />

1.1 Corporate membership $500.00 per annum<br />

1.2 Accommodation membership<br />

36 plus rooms $396.00 per annum<br />

12-36 rooms $290.00 per annum<br />

Caravan Parks<br />

$290.00 per annum<br />

Up to 11 rooms<br />

$290.00 per annum<br />

Backpackers<br />

$290.00 per annum<br />

1.3 Tour Operator, $290.00 per annum<br />

Air Charter and Car/Bus Hire<br />

$290.00 per annum<br />

1.4 Real Estate $290.00 per annum<br />

1 5 Holiday Homes (per property) $290.00 per annum<br />

1.6 General Business $290.00 per annum<br />

1 7 Website Listing Only $120.00 per annum<br />

1 8 Brochure Display Only $80.00 per annum<br />

1 9 Individuals $55.00 per annum<br />

Non Pr<strong>of</strong>it Organisations<br />

$55.00 per annum<br />

2 Booking commission rates be 10-12 % for members and 20-25% for<br />

non members.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 57<br />

3 That a notice be placed in the Northern Guardian newspaper and on<br />

the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> noticeboard <strong>of</strong> Council's intention to<br />

introduce these charges in accordance with Section 6.19 <strong>of</strong> the<br />

Local Government Act 1995.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 16 May 2007<br />

Moved Cr Mr Catania<br />

Seconded Cr Mr Deschamps<br />

That the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management<br />

Committee recommend to Council that Council impose the following fees<br />

and charges for Visitor Centre membership and for booking commission<br />

rates at the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre -<br />

1 Membership -<br />

1.1 Corporate membership $500.00 per annum<br />

1.2 Accommodation membership<br />

36 plus rooms $396.00 per annum<br />

12-36 rooms $290.00 per annum<br />

Caravan Parks<br />

$290.00 per annum<br />

Up to 11 rooms<br />

$290.00 per annum<br />

Backpackers<br />

$290.00 per annum<br />

1.3 Tour Operator, $290.00 per annum<br />

Air Charter and Car/Bus Hire<br />

$290.00 per annum<br />

1.4 Real Estate $290.00 per annum<br />

1 5 Holiday Homes (per property) $290.00 per annum<br />

1.6 General Business $290.00 per annum<br />

1.7 Website Listing Only $120.00 per annum<br />

1 8 Brochure Display Only $80.00 per annum<br />

1.9 Individuals $55.00 per annum<br />

Non Pr<strong>of</strong>it Organisations<br />

$55.00 per annum<br />

2 Booking commission rates be 12% for members and 20% for non<br />

members.<br />

3 A 50% discount apply to the above membership categories with the<br />

exception <strong>of</strong> Corporate membership for those operators who are<br />

also members <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> Tourist Association for the 2007/08<br />

year.<br />

4 That a notice be placed in the Northern Guardian newspaper and on<br />

the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> noticeboard <strong>of</strong> Council's intention to<br />

introduce these charges in accordance with Section 6.19 <strong>of</strong> the<br />

Local Government Act 1995.<br />

CARRIED UNANIMOUSLY<br />

DC 5.2<br />

Marketing and Merchandise Update<br />

Recommendation<br />

That the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Management<br />

Committee recommend to Council that Council continue to pursue other<br />

marketing and merchandising options for the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 16 May 2007


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 58<br />

Moved Mr Deschamps<br />

Seconded Mr Catania<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

DC 6.0<br />

DC 6.1<br />

DC 7.0<br />

DC 8.0<br />

DC 8.1<br />

DC 9.0<br />

INFORMAL DISCUSSION<br />

Booking System for Visitor Centre<br />

URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY<br />

DECISION<br />

Nil.<br />

NEXT MEETING<br />

The next meeting <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee will be held in the <strong>Shire</strong> <strong>of</strong>fice meeting room at a time<br />

and date to be determined.<br />

CLOSE<br />

The Chairperson thanked all those attending and closed the meeting at 6.10 pm.<br />

Recommendation<br />

1 That the confirmed minutes <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

Management Committee held on 8 December 2006 be received.<br />

2 That recommendations DC 5.1 to DC 5.2 <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre Management Committee held on 23 May 2007 be adopted.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 24 May 2007<br />

Moved Cr Eddington<br />

Seconded Cr Crawford<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

16.3 GASCOYNE DISTRICT DISPLAY - PERTH AGRICULTURAL ROYAL SHOW 2007 TO 104<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Background<br />

Council has received written advice and request from the <strong>Shire</strong> <strong>of</strong> Carnarvon to support the<br />

forthcoming Gascoyne District Display at the 2007 Perth Royal Agricultural Show. The<br />

display will highlight the various social and economic opportunities in the Gascoyne Region.<br />

The 2007 Show runs during the school holiday period <strong>of</strong> 29 September to 15 October 2007.<br />

The <strong>Shire</strong> <strong>of</strong> Carnarvon requests a financial donation as well as logistical support at the<br />

display similar to that provided by Council last year. A copy <strong>of</strong> the written request is as<br />

follows -


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 59<br />

ROYAL SHOW DISTRICT DISPLAY 2007<br />

Once again I am writing to seek your support towards the Gascoyne District Display at the 2007<br />

Royal Agricultural Society Show.<br />

As per last year, the <strong>Shire</strong> <strong>of</strong> Carnarvon will be contributing to this year's display and I am<br />

requesting that your <strong>Shire</strong> along with the other <strong>Shire</strong>s in the Gascoyne region also contribute. Last<br />

year you contributed $2,000.<br />

This display is a fantastic opportunity for the Gascoyne to showcase our region to the State. I have<br />

enclosed last year's advertisement calling for volunteers and also a picture <strong>of</strong> last year's display<br />

which took first place for the Northern Region. Funding will go towards advertising/promotional<br />

material, graphic designer fees, travel assistance for volunteers and various other costs including set<br />

up, freight <strong>of</strong> goods and produce and technical equipment.<br />

We are seeking more input and assistance this year and want the coordination <strong>of</strong> the event to be a<br />

joint effort between a nominated contact person at your <strong>Shire</strong> and our Community Development<br />

Officer, Olivia Devine, from the <strong>Shire</strong> <strong>of</strong> Carnarvon. This year we can start to plan ahead and we<br />

could look at getting bags made up to give away which could be pre-packed to include all <strong>Shire</strong> and<br />

Visitor centre brochures and samples from our region. I acknowledge the support from Gina and<br />

yourself at last year's display.<br />

I trust this arrangement is suitable and mutually beneficial and I look forward to working together<br />

towards this year's Gascoyne District Display. If you have any queries, please contact me directly<br />

on 99410050


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 60<br />

Comment<br />

Council supported the display in 2006 by providing financial assistance <strong>of</strong> $2,000 and a staff<br />

member from the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre. Council also contributed to<br />

the production <strong>of</strong> banners for display at the Show which can be again used at this years<br />

display. Figures from 2006 indicate that approximately 55,000 people visited the display.<br />

Once again participation provides an opportunity for Council to market the <strong>Shark</strong> <strong>Bay</strong> World<br />

Heritage Discovery Centre as well as other tourism and economic activities <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>.<br />

Council can send one <strong>of</strong> the Centre staff to assist at the display and also promote the<br />

Centre by PowerPoint (continuous) presentation.<br />

A report from the 2006 event was completed by the staff member attending and was<br />

provided to Council late last year as information. This report will be available at the Council<br />

meeting for Councillor's information.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Financial assistance request <strong>of</strong> $2,000 plus associated staff costs for wages,<br />

accommodation and travel be provided in the 2007/08 budget. Total cost for 2006 was<br />

approximately $3,200.00.<br />

Strategic Implications<br />

Promotional marketing <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre and other areas <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong> at 2007 Perth Royal Agricultural Show to potentially over 50,000 people.<br />

Recommendation<br />

That Council allocate the sum <strong>of</strong> $2,000 in support <strong>of</strong> the 2007 Gascoyne District<br />

Display at this year's Perth Royal Agricultural Show.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 10 May 2007


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 61<br />

Moved Cr Blennerhassett<br />

Seconded Cr Cane<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

8.1 AUSTRALIAN CITIZENSHIP CEREMONY - LESLIE ANN STAFFORD NA 105<br />

The Deputy President conducted the Australian Citizenship Ceremony for Mrs Leslie Ann<br />

Stafford and welcomed her as an Australian. He then invited Mrs Stafford, family and<br />

friends to join with Councillors for morning tea.<br />

The meeting adjourned at 10.14 am and reconvened at 10.41 am with all those previously in<br />

attendance present.<br />

17.0 ADMINISTRATION REPORT<br />

17.1 SHARK BAY WORLD HERITAGE DISCOVERY CENTRE PARLIAMENTARY BU 106.03<br />

WORKING GROUP<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Background<br />

Council has attempted for some time to arrange negotiations with Government Agencies/<br />

Ministers to discuss the ongoing operational viability <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre. In May 2006 the (then) Minister for the Environment advised Council in<br />

writing and with comments he made in the media that Council needed to consider<br />

commercialising the operations <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre to<br />

ensure its viability.<br />

Since that time Council has investigated and implemented various strategies in accordance<br />

with the comments made by the (then) Minister on the understanding that some assistance<br />

by the State Government would be reciprocal.<br />

With the assistance <strong>of</strong> the Hon Vince Catania MLC, a workshop was convened for Monday<br />

7 May 2007 in <strong>Shark</strong> <strong>Bay</strong> Chaired by the Hon Sally Talbot MLC, Parliamentary Secretary to<br />

the Minister for the Environment. The purpose <strong>of</strong> the workshop forum was specifically to<br />

discuss the situation regarding the ongoing financial viability <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World<br />

Heritage Discovery Centre. Those attending included -<br />

* Hon Sally Talbot MLC<br />

* Hon Vince Catania MLC<br />

* <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Councillors and Chief Executive Officer -<br />

(Cr Les Moss, Cr Bob Eddington, Cr Bryan Cane, Cr Robert Blennerhassett, Cr<br />

Dennis Hoult and the Chief Executive Officer)<br />

* Mr Tim Bowra, Principal Policy Adviser Minister for the Environment<br />

* Mr Stephen Yule, Chief Executive Officer Gascoyne Development Commission<br />

* Ms Lorraine Fitzpatrick, Manager Gascoyne Aboriginal Cultural Centre (Carnarvon)<br />

* Mr Mike Flood, Regional Gascoyne Manager Tourism WA<br />

* Mr Brett Fitzgerald, A/District Manager <strong>Shark</strong> <strong>Bay</strong> Department <strong>of</strong> Environment and<br />

Conservation<br />

* Mr Peter Sharp, A/Director Parks and Visitor Services Department <strong>of</strong> Environment<br />

and Conservation<br />

* Mr Murray Carter Department <strong>of</strong> Environment and Conservation<br />

* Ms Cindy Portland, Policy Adviser Office <strong>of</strong> the Minister for Regional Development


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 62<br />

Most <strong>of</strong> the workshop forum participants arrived at <strong>Shark</strong> <strong>Bay</strong> in the morning and had the<br />

opportunity <strong>of</strong> a tour through the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre. The agenda<br />

for the workshop provided by the Minister’s <strong>of</strong>fice was based on the following points for<br />

discussion -<br />

• Current funding arrangements for the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre<br />

• Management issue<br />

• Options to increase revenue such as retail merchandising within the Centre, relocating<br />

a Visitor Centre into the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre and enhanced<br />

marketing <strong>of</strong> the Centre and <strong>Shark</strong> <strong>Bay</strong> region<br />

• The <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Business Plan<br />

Comment<br />

The workshop forum discussed the above agenda items whereby Council advised that<br />

some <strong>of</strong> the matters had either been implemented or were in progress towards<br />

implementation. For example, the accreditation <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery<br />

Centre as a Visitors Centre had been finalised, funding from Tourism WA for the<br />

implementation <strong>of</strong> computer s<strong>of</strong>tware system (Bookeasy), telephony (freecall) system and<br />

business premises enhancement had been recently approved, change <strong>of</strong> the name <strong>of</strong> the<br />

Centre to reflect World Heritage, and the sale <strong>of</strong> merchandise products in the Centre.<br />

An outline <strong>of</strong> the Centre’s history was provided especially where relevant to the Business<br />

Plan for the Centre and the current funding arrangements. Importantly Council emphasised<br />

that it was not seeking any direct financial handout but was seeking assistance from the<br />

State Government to overcome the difficulties in attracting a market share <strong>of</strong> tourists that<br />

visit <strong>Shark</strong> <strong>Bay</strong> to the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre. Furthermore, even<br />

though the original Business Plan had reflected the principle <strong>of</strong> Joint Ticketing with entrance<br />

to the Department <strong>of</strong> Environment and Conservation operations at Monkey Mia, Council<br />

understands the difficulties in implementing this process and in particular the legislative,<br />

administrative and technical issues associated with this principle. Unfortunately when the<br />

Business Plan was finalised by the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> and the Steering Committee in 2004<br />

as an appendix to the Funding Assistance Agreement signed by the (then) Minister for Local<br />

Government and Regional Development it had included the principle <strong>of</strong> joint ticketing in the<br />

Financial Forecasts for its 2005/06 budget.<br />

A copy <strong>of</strong> the budget Year To Date (YTD) for the first three quarter period <strong>of</strong> 2006/07 (ie<br />

1 July to 30 September, 1 October to 31 December and 1 January to 31 March) was<br />

provided by the Chief Executive Officer to the workshop reflecting the current financial<br />

position <strong>of</strong> the Centre. Most participants at the workshop had a copy <strong>of</strong> the Business Plan<br />

and there was unanimous agreement that the Business Plan needed to be rewritten<br />

especially in the financial and marketing sections <strong>of</strong> the Plan.<br />

The workshop forum resolved to form a Working Group to be chaired by the Hon Sally<br />

Talbot MLC for the purpose <strong>of</strong> primarily rewriting the Business Plan where relevant to the<br />

financial and marketing sections and to investigate areas <strong>of</strong> marketing opportunities to<br />

increase and encourage the tourism sector to Denham and the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre. The workshop noted and applauded the work undertaken by the <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong> in this regard with the proposed <strong>Shark</strong> <strong>Bay</strong> World Heritage Drive.<br />

The <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Working Group is to consist <strong>of</strong> nominated<br />

representatives at the workshop forum that include -<br />

* The Hon Sally Talbot MLC, Parliamentary Secretary to the Minister for the<br />

Environment (Chair <strong>of</strong> the Working Group)<br />

* Mr Tim Bowra Principal Policy Adviser Minister for the Environment<br />

* Ms Cindy Portland, Policy Adviser Office <strong>of</strong> the Minister for Regional Development<br />

* The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> (to be nominated by Council)<br />

* The Hon Vince Catania MLC<br />

* Gascoyne Development Commission (to be nominated by Gascoyne Development<br />

Commission but to include the Chief Executive Officer)<br />

* Tourism WA (to be nominated by Tourism WA)


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 63<br />

* Department <strong>of</strong> Environment and Conservation (to be nominated by Department <strong>of</strong><br />

Environment and Conservation)<br />

Following a meeting in Perth with the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s Chief Executive Officer, the Hon<br />

Sally Talbot and Mr Tim Bowra on Tuesday 15 May 2007, it was agreed that this Working<br />

Group be convened as a matter <strong>of</strong> urgency.<br />

The Chief Executive Officer passed on Council’s comments in regard to the workshop<br />

forum held the previous week in that it was viewed by all those attending from Council as an<br />

extremely positive outcome and that there was optimism for the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre's operational viability.<br />

Council also expressed its gratitude and thanks to the Hon Vince Catania for his efforts in<br />

achieving the workshop forum in <strong>Shark</strong> <strong>Bay</strong> and to the Hon Sally Talbot for showing interest<br />

and making the effort to come to <strong>Shark</strong> <strong>Bay</strong> to not only see the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre but to discuss the issues face to face with Council.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Relevant to the Business Plan for the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre.<br />

Financial Implications<br />

Nil.<br />

Strategic Implications<br />

Relevant to the Business Plan for the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre.<br />

Recommendation<br />

That Council nominate the <strong>Shire</strong> President, Deputy <strong>Shire</strong> President and the Chief<br />

Executive Officer to the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Working Group<br />

Chaired by the Hon Sally Talbot MLC.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 21 May 2007<br />

Moved Cr Cane<br />

Seconded Cr Hoult<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

17.2 POLICY 8.1 ANNUAL LEAVE PO 101<br />

Author<br />

Finance and Administration Manager<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

Annual leave accrues to <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> staff members as follows -<br />

• Those employees who are on the Local Government Officers' Award or the Municipal<br />

Employees' Award accrue 5 weeks (190 hours) annual leave per annum.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 64<br />

• Those employees who are classified as Senior Employees as per the Local<br />

Government Act 1995 accrue leave at a rate that is stipulated in their employment<br />

contact agreement with the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>, which is generally 5 weeks (190<br />

hours) per annum.<br />

• With the exception <strong>of</strong> staff who are classified as Senior Employees under the Act,<br />

annual leave loading <strong>of</strong> 17.5% (as per conditions set out in the Awards) is paid on<br />

annual leave as the leave is taken.<br />

Comment<br />

The current Policy states -<br />

8.1 Annual Leave<br />

(1) Except where specially approved by Council, staff are not to accrue annual leave<br />

beyond one year’s entitlement.<br />

(2) The Chief Executive Officer shall determine a leave roster suitable to staff within<br />

Council’s requirements to ensure minimal disruption to Council’s operations.<br />

(3) Unless specifically approved by the Chief Executive Officer staff are not to accrue<br />

rostered days <strong>of</strong>f in excess <strong>of</strong> five days.<br />

The purpose <strong>of</strong> developing, adopting and applying an Annual Leave Policy is to clearly<br />

outline the way in which employees’ annual leave entitlements are managed in order to<br />

ensure that employees take their annual leave regularly each year and that the <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong>’s annual leave liability is minimised.<br />

The revised Annual Leave Policy also covers the maximum accrual <strong>of</strong> rostered days <strong>of</strong>f<br />

(RDOs). The maximum accrual for RDOs has been changed from five days to three days.<br />

8.1 Annual Leave<br />

(1) Maximum Accrual<br />

a<br />

b<br />

c<br />

d<br />

e<br />

Annual Leave is to be taken at a time mutually convenient to the employer and<br />

employee.<br />

Annual Leave is not to accrue beyond 6 weeks (228 hours) at any time except<br />

in cases in which extenuating circumstances preclude an employee from taking<br />

their leave.<br />

To enable annual leave accruals to be monitored, a monthly report outlining all<br />

employees’ leave accruals will be provided by the <strong>of</strong>ficer responsible for payroll<br />

to the Finance and Administration Manager.<br />

Where it is proposed that an employee's leave accrual will exceed this 6 week<br />

limit, a written application for deferral will be submitted to the Chief Executive<br />

Officer for approval. This application must be submitted at least 2 months<br />

before the 6 week maximum accrual is reached.<br />

If such approval is not granted, the employee will be paid out the difference<br />

between their total accrued annual leave and the 6 week limit.<br />

(2) Transitory Arrangements<br />

a<br />

b<br />

That Council recognises that, at the time <strong>of</strong> implementation <strong>of</strong> this Policy, some<br />

employees have leave accruals in excess <strong>of</strong> 6 weeks (including both entitled<br />

and pro rata leave).<br />

Accordingly, for those employees who have such excessive leave accruals, the<br />

relevant manager, in consultation with the employee, will provide a plan that<br />

outlines how that employee’s leave accrual will be reduced below the 6 weeks<br />

maximum.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 65<br />

(3) Applications for Leave<br />

a<br />

b<br />

c<br />

The Council recognises the importance to employees <strong>of</strong> the timing taking<br />

annual leave. In order to maximise this, an application for leave form should be<br />

completed at least 4 weeks before the date <strong>of</strong> starting leave and directed to the<br />

appropriate manager for approval. It should be noted that any leave applied for<br />

is not approved until the Chief Executive Officer has given his/her approval.<br />

An employee may request to have leave paid in advance as long as the actual<br />

annual leave is 10 or more working days.<br />

There is no minimum amount <strong>of</strong> leave that can be applied for.<br />

(4) No Minimum Service Required<br />

Upon completion <strong>of</strong> any stipulated probationary period, there is no requirement for an<br />

employee to wait until they have completed 12 months' continuous service before<br />

taking any accrued leave.<br />

(5) Rostered Days Off<br />

Unless specifically approved by the Chief Executive Officer staff are not to accrue<br />

rostered days <strong>of</strong>f in excess <strong>of</strong> three days.<br />

Legal Implications<br />

Definition <strong>of</strong> a Senior Employee as per the Local Government Act 1995. Award conditions<br />

as outlined in the Local Government Officers Award 1999 (WA) and Municipal Employees<br />

Award 1999 (WA).<br />

Policy Implications<br />

Policy 8.1 Annual Leave.<br />

Financial Implications<br />

Once the Policy has been adopted and is able to be administered the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s<br />

annual leave liability is able to be minimised.<br />

Strategic Implications<br />

Once the Policy has been adopted and is able to be administered the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />

can ensure that employees take their annual leave entitlements regularly each year.<br />

Recommendation<br />

That Council replace Policy 8.1 Annual Leave with the following -<br />

8.1 Annual Leave<br />

(1) Maximum Accrual<br />

a<br />

b<br />

c<br />

Annual Leave is to be taken at a time mutually convenient to the employer<br />

and employee.<br />

Annual Leave is not to accrue beyond 6 weeks (228 hours) at any time<br />

except in cases in which extenuating circumstances preclude an<br />

employee from taking their leave.<br />

To enable annual leave accruals to be monitored, a monthly report<br />

outlining all employees’ leave accruals will be provided by the <strong>of</strong>ficer<br />

responsible for payroll to the Finance and Administration Manager.<br />

d Where it is proposed that an employee's leave accrual will exceed this 6<br />

week limit, a written application for deferral will be submitted to the Chief<br />

Executive Officer for approval. This application must be submitted at<br />

least 2 months before the 6 week maximum accrual is reached.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 66<br />

e<br />

If such approval is not granted, the employee will be paid out the<br />

difference between their total accrued annual leave and the 6 week limit.<br />

(2) Transitory Arrangements<br />

a<br />

b<br />

That Council recognises that, at the time <strong>of</strong> implementation <strong>of</strong> this Policy,<br />

some employees have leave accruals in excess <strong>of</strong> 6 weeks (including<br />

both entitled and pro rata leave).<br />

Accordingly, for those employees who have such excessive leave<br />

accruals, the relevant manager, in consultation with the employee, will<br />

provide a plan that outlines how that employee’s leave accrual will be<br />

reduced below the 6 weeks maximum.<br />

(3) Applications for Leave<br />

a<br />

b<br />

c<br />

The Council recognises the importance to employees <strong>of</strong> the timing taking<br />

annual leave. In order to maximise this, an application for leave form<br />

should be completed at least 4 weeks before the date <strong>of</strong> starting leave and<br />

directed to the appropriate manager for approval. It should be noted that<br />

any leave applied for is not approved until the Chief Executive Officer has<br />

given his/her approval.<br />

An employee may request to have leave paid in advance as long as the<br />

actual annual leave is 10 or more working days.<br />

There is no minimum amount <strong>of</strong> leave that can be applied for.<br />

(4) No Minimum Service Required<br />

Upon completion <strong>of</strong> any stipulated probationary period, there is no requirement<br />

for an employee to wait until they have completed 12 months' continuous<br />

service before taking any accrued leave.<br />

(5) Rostered Days Off<br />

Unless specifically approved by the Chief Executive Officer staff are not to<br />

accrue rostered days <strong>of</strong>f in excess <strong>of</strong> three days.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 9 May 2007<br />

Moved Cr Crawford<br />

Seconded Cr Blennerhassett<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

17.3 REVIEW OF REGISTER OF DELEGATIONS PO 101<br />

Author<br />

Administration and Finance Manager<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Background<br />

Section 5.42 <strong>of</strong> the Local Government Act 1995 (the Act) provides that a Council may<br />

delegate to the Chief Executive Officer the exercise <strong>of</strong> any <strong>of</strong> its powers or the discharge <strong>of</strong>


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 67<br />

any <strong>of</strong> its duties under the Act other than those referred to in Section 5.43. Any decision to<br />

make, amend or revoke a delegation is to be by an absolute majority - see Section 5.45(1)<br />

(b).<br />

The Audit Management Report for the 2004/05 year contained a comment regarding the<br />

Register <strong>of</strong> Delegations not being reviewed in that financial year, as required by Section<br />

5.46(2) <strong>of</strong> the Act. Although the Register <strong>of</strong> Delegations has been reviewed each year by<br />

the Chief Executive Officer and the Council the review has not been presented to a Council<br />

meeting since 27 May 1998.<br />

A review <strong>of</strong> the Register <strong>of</strong> Delegations occurred in the 2005/06 financial year (March 2006)<br />

in accordance with Section 5.46(2) <strong>of</strong> the Act with the inclusion <strong>of</strong> clause 1.16 Corporate<br />

Credit Card.<br />

Comment<br />

Councillors were provided with a copy <strong>of</strong> the Delegations Register that has been reviewed<br />

by staff. Any changes that have been made are in italics.<br />

The purpose <strong>of</strong> the review is to consider the operational effectiveness <strong>of</strong> the current<br />

delegations, whether each delegation is necessary, whether each delegation is appropriate<br />

and whether legislative amendments necessitate any changes.<br />

All delegations have been reviewed to ensure format consistency with other <strong>Shire</strong><br />

documents (such as Policies), and with a view <strong>of</strong> ensuring consistency with references to<br />

statutory references and any changes to relevant legislation that describes the power or duty<br />

being delegated.<br />

Legal Implications<br />

Section 5.46 <strong>of</strong> the Local Government Act 1995 states that -<br />

(1) The CEO is to keep a register <strong>of</strong> the delegation made under this Division to the CEO<br />

and to the employees.<br />

(2) At least once every financial year, delegations made under this Division are to be<br />

reviewed by the delegator.<br />

(3) A person to whom a power or duty is delegated under this Act is to keep records in<br />

accordance with regulations in relation to the exercise <strong>of</strong> the power or the discharge <strong>of</strong><br />

the duty.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Nil<br />

Strategic Implications<br />

Allows decisions to be made between Council meeting dates, which if otherwise are not<br />

able to be made would cause lengthy delays and frustration in the day to day operations <strong>of</strong><br />

the <strong>Shire</strong>.<br />

Recommendation<br />

That Council adopt the following Delegations Register which includes amendments<br />

made as a result <strong>of</strong> the latest review.<br />

CHIEF EXECUTIVE OFFICER<br />

Local Government Act 1995<br />

Powers <strong>of</strong> Delegation<br />

Delegation <strong>of</strong> some powers and duties to certain Committees


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 68<br />

5.16 (1) Absolute majority required to delegate - cannot delegate power <strong>of</strong><br />

delegation.<br />

(2) To be in writing and may be general or conditional.<br />

(3) Can be for a period <strong>of</strong> time or indefinite.<br />

(4) Does not prevent Council acting through another.<br />

5.17 Limits on delegations to Committees.<br />

5.18 Register <strong>of</strong> Delegations to be kept and reviewed annually.<br />

Delegation <strong>of</strong> some powers and duties to Chief Executive Officer<br />

5.42 (1) Absolute majority required to delegate.<br />

(2) To be in writing and may be general or conditional.<br />

5.43 Limits on delegations to Chief Executive Officer.<br />

5.44 Chief Executive Officer may delegate to others, but not the power <strong>of</strong><br />

delegation.<br />

5.45 (1) (a) Can be for a period <strong>of</strong> time or indefinite.<br />

(b) Absolute majority required to amend or revoke.<br />

(2) Does not prevent Council or Chief Executive Officer acting through<br />

another.<br />

5.46 (1) and (2) Register <strong>of</strong> Delegations to be kept and reviewed annually.<br />

(3) A person to whom a power <strong>of</strong> duty is delegated under this Act is to keep<br />

records in accordance with Regulations in relation to the exercise <strong>of</strong> the<br />

power or the discharge <strong>of</strong> the duty.<br />

(see Regulation 19 <strong>of</strong> the Local Government (Administration) Regulations 1996)<br />

WORKS<br />

1.1 Donations <strong>of</strong> Work to Organisations<br />

The Chief Executive Officer is delegated indefinite authority to exercise<br />

discretion on the use <strong>of</strong> Council resources on small community works for local<br />

facilities in accordance with Policy 2.3.<br />

1.2 Materials for Driveways and Verges<br />

(1) That supply <strong>of</strong> sand and gravel to private individuals for work on driveways or<br />

street ways be left to the discretion <strong>of</strong> the Chief Executive Officer and charged<br />

on a private works basis where deemed necessary.<br />

(2) Where no charge is raised, the work is to be accounted for on a contra entry<br />

basis.<br />

1.3 Private Works<br />

That the Chief Executive Officer be delegated authority to determine requests<br />

for private works at his absolute discretion having regard to -<br />

a<br />

b<br />

the nature <strong>of</strong> the works requested, and<br />

the demands <strong>of</strong> the works program.<br />

1.4 Temporary Rural Road Closures<br />

The Chief Executive Officer be delegated indefinite authority to temporarily<br />

close rural roads under Section 3.50 <strong>of</strong> the Local Government Act 1995 during<br />

wet periods to minimise damage from use. – Remove and replaced with 1.21<br />

(22) to 1.21 (27) <strong>of</strong> Register <strong>of</strong> Delegations<br />

FINANCE<br />

1.11 Investment <strong>of</strong> Surplus Funds<br />

That the Chief Executive Officer be delegated authority to invest surplus funds<br />

held in any Council fund from time to time, subject to the requirements <strong>of</strong><br />

Policy 6.2. - Remove and replaced with 1.21 (60) <strong>of</strong> Register <strong>of</strong> Delegations<br />

1.12 Rates Collection Procedure


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 69<br />

(1) That the Chief Executive Officer be authorised to exercise powers under<br />

Section 6.49 <strong>of</strong> the Act to make agreement with a person as to payment <strong>of</strong> rates<br />

but subject to the imposition <strong>of</strong> appropriate interest rate charges, having regard<br />

to the interest rate policies adopted by Council in the annual budget. - Remove<br />

and replaced with 1.21 (61) <strong>of</strong> Register <strong>of</strong> Delegations<br />

(2) That in extenuating circumstances, where the Chief Executive Officer believes<br />

there may be cause to make an agreement for the payment <strong>of</strong> rates without the<br />

imposition <strong>of</strong> interest, the matter be referred to Council for consideration. -<br />

Remove and replaced with 1.21 (61) <strong>of</strong> Register <strong>of</strong> Delegations.<br />

1.13 Municipal Account Operation<br />

The Chief Executive Officer be delegated authority to make payments from the<br />

Municipal account before the approval <strong>of</strong> Council for the following purposes -<br />

Wages,<br />

Payroll deductions,<br />

Telephone,<br />

Electricity,<br />

Water accounts,<br />

Payments to Contractors,<br />

Refunds <strong>of</strong> Overpayments,<br />

Urgent payment <strong>of</strong> Supplies <strong>of</strong> goods,<br />

Any Tax payments,<br />

Motor Vehicle Licences,<br />

Payment <strong>of</strong> Police License Collections,<br />

Petty Cash recoups,<br />

Travel expenses,<br />

Stamp purchases,<br />

Freight,<br />

Advertising accounts,<br />

Any other account where discount is applicable, and<br />

Any other Urgent amount <strong>of</strong> up to $10,000.00.<br />

1.14 Implementation <strong>of</strong> the Budget<br />

Following the adoption <strong>of</strong> the budget, the Chief Executive Officer is delegated<br />

authority to use management discretion in -<br />

a<br />

b<br />

c<br />

d<br />

e<br />

f<br />

g<br />

Provisos<br />

implementing expenditure programs contained in the budget the detail <strong>of</strong><br />

which has been finalised,<br />

the appointment <strong>of</strong> consultants and contractors to enable the proper<br />

administration <strong>of</strong> the Council’s business,<br />

prioritising work, unless otherwise directed by the Council,<br />

determining whether or not to call tenders or sell by tender or auction<br />

where an obligation does not exist to do so under the Act,<br />

initiating arrangements for loans subject to referral to Council for<br />

adoption,<br />

authorising overtime,<br />

engaging temporary staff.<br />

1 That costs are contained within budget allocations.<br />

2 Subject to compliance with the Act and Council’s Policy statements.<br />

3 Tenders for items <strong>of</strong> plant, equipment and machinery be decided by the<br />

Council.<br />

4 Wherever tenders are called, the tenders be decided by the Council.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 70<br />

5 Quotations are to be obtained on any contract exceeding 10% <strong>of</strong> the<br />

statutory amount above which tenders are to be called (in Regulation<br />

11(2) <strong>of</strong> the Local Government (Functions and General) Regulations 1996)<br />

6 Where quotations are called, under 5 above, the Chief Executive Officer<br />

accept the most advantageous quotation and report details <strong>of</strong> quotations<br />

received to the next following meeting <strong>of</strong> the Council.<br />

1.15 Write Offs<br />

That the Chief Executive Officer be delegated authority at his discretion to write<br />

<strong>of</strong>f any amount <strong>of</strong> money owing for less than $100.00. - Remove and replaced<br />

with 1.21 (58) <strong>of</strong> Register <strong>of</strong> Delegations<br />

1.16 Corporate Credit Card<br />

That the Chief Executive Officer be delegated authority for the purpose <strong>of</strong> using<br />

a Council corporate credit card for <strong>Shire</strong> related business. This use is<br />

restricted to the purpose <strong>of</strong> obtaining credit and not cash and is acquitted by<br />

the presentation <strong>of</strong> receipts within one (1) month <strong>of</strong> the expenditure being<br />

incurred.<br />

AUTHORISATIONS<br />

1.21 Authorisations under the Local Government Act 1995<br />

Part 3 – Functions <strong>of</strong> a Local Government<br />

(1) That the Chief Executive Officer be authorised to pay compensation to the<br />

owner or occupier <strong>of</strong> property due to damage caused by the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />

through the performance <strong>of</strong> it’s functions under Section 3.22 <strong>of</strong> the Act.<br />

(2) That the Chief Executive Officer and Works Supervisor be authorised to<br />

exercise powers on behalf <strong>of</strong> the Local Government under Section 3.24 <strong>of</strong> the<br />

Act.<br />

(3) That the Chief Executive Officer be authorised to give an occupier, and the<br />

owner if the owner is not the occupier, notice requiring them to do something<br />

to the land if it is specified in Schedule 3.1. This is in accordance with Section<br />

3.25 (1) <strong>of</strong> the Act.<br />

(4) That the Chief Executive Officer be authorised to do whatever they consider to<br />

be necessary to achieve the purpose for which a notice is given, in order to<br />

make the person comply with that notice. This is in accordance with Section<br />

3.26 (2) <strong>of</strong> the Act.<br />

(5) That the Chief Executive Officer be authorised to have the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />

continue to undertake works that are not carried out by the owner or occupier<br />

and recover the costs as a debt. This is in accordance with Section 3.26 (3) <strong>of</strong><br />

the Act.<br />

(6) That the Chief Executive Officer be authorised to have the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />

go onto private land in the circumstances prescribed in Schedule 3.2 and carry<br />

out works, even if the consent <strong>of</strong> the owner has not been provided. This is in<br />

accordance with Section 3.27 (1) <strong>of</strong> the Act.<br />

(7) That the Chief Executive Officer be delegated the power to authorise a person,<br />

after notice has been given, to enter land, premises or thing without consent,<br />

unless the owner or occupier has objected to the entry. This is in accordance<br />

with Section 3.31 (2) <strong>of</strong> the Act.<br />

(8) That the Chief Executive Officer be delegated the power to authorise a person<br />

to enter land in an emergency without notice or consent. This is in accordance<br />

with Section 3.34 (1) <strong>of</strong> the Act.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 71<br />

(9) That the Chief Executive Officer be authorised to give notice to the owner or<br />

occupier <strong>of</strong> an intended entry in an emergency whenever it is practical. This is<br />

in accordance with Section 3.34 (5) <strong>of</strong> the Act.<br />

(10) That the Chief Executive Officer be delegated the power to authorise a person<br />

to make an opening in a fence to do works on a property subject to providing<br />

the owner or occupier 3 days notice. This is in accordance with Section 3.36 (3)<br />

<strong>of</strong> the Act.<br />

(11) That the following persons be authorised to exercise powers <strong>of</strong> entry to land<br />

under Part 3 - Division 3, Subdivision 3 <strong>of</strong> the Act.<br />

- Chief Executive Officer<br />

- Works Supervisor<br />

(12) That the Chief Executive Officer and Works Supervisor be authorised to remove<br />

and impound goods under Section 3.39 <strong>of</strong> the Act.<br />

(13) That the Chief Executive Officer be authorised, in the instance where a vehicles<br />

has been impounded to remove and impound goods, to allow the <strong>of</strong>fender to<br />

resume control <strong>of</strong> the vehicle as soon as practicable after goods have been<br />

removed. This is in accordance with Section 3.40 (2) <strong>of</strong> the Act.<br />

(14) That the Chief Executive Officer be delegated the power to authorise a person<br />

to remove and impound an abandoned vehicle wreck. This is in accordance<br />

with Section 3.40A (1) <strong>of</strong> the Act.<br />

(15) That the Chief Executive Officer be authorised to provide notice to the owner <strong>of</strong><br />

a removed abandoned vehicle wreck, advising that the vehicle may be<br />

collected. This is in accordance with Section 3.40A (2) <strong>of</strong> the Act.<br />

(16) That the Chief Executive Officer be authorised to declare that a vehicle is an<br />

abandoned vehicle wreck. This is in accordance with section 3.40A (4) <strong>of</strong> the<br />

Act.<br />

(17) That the Chief Executive Officer be delegated the power to sell or otherwise<br />

dispose <strong>of</strong> any goods that have been confiscated under section 3.43. This is in<br />

accordance with Section 3.47 (1) <strong>of</strong> the Act.<br />

(18) That the Chief Executive Officer be delegated the power to sell or otherwise<br />

dispose <strong>of</strong> any vehicle that has not been collected within 2 months <strong>of</strong> a notice<br />

having been given under section 3.40 (3) or 7 days <strong>of</strong> a declaration being made<br />

that a vehicle is a wreck. This is in accordance with Section 3.47 (2) <strong>of</strong> the Act.<br />

(19) That the Chief Executive Officer be delegated the power to sell or otherwise<br />

dispose <strong>of</strong> impounded goods that have not been collected within the period<br />

specified in section 3.47 (2b) <strong>of</strong> the date a notice is given under sections 3.42<br />

(1) (b) or 3.44. This is in accordance with Section 3.47 (2a) <strong>of</strong> the Act.<br />

(20) That the Chief Executive Officer be delegated the power to authorise the<br />

humane destruction and disposal <strong>of</strong> an impounded animal that is ill or injured<br />

to such an extent that treating it is not practicable. This is in accordance with<br />

Section 3.47A (1) <strong>of</strong> the Act.<br />

(21) That the Chief Executive Officer be authorised, in the instance that goods are<br />

removed or impounded under section 3.39 and the <strong>of</strong>fender is convicted, to<br />

recover any expenses incurred in removing and impounding the goods. This is<br />

in accordance with section 3.48 <strong>of</strong> the Act.<br />

(22) That the Chief Executive Officer be authorised close thoroughfares to vehicles,<br />

wholly or partially, for a period not exceeding 4 weeks. This is in accordance<br />

with section 3.50 (1) <strong>of</strong> the Act.<br />

(23) That the Chief Executive Officer be authorised to, after providing public notice<br />

<strong>of</strong> its intentions and reasons, inviting submissions and then considering<br />

submissions, order a thoroughfare to be wholly or partially closed to vehicles<br />

for a period exceeding 4 weeks. This is in accordance with section 3.50 (1a) and<br />

3.50 (4) <strong>of</strong> the Act.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 72<br />

(24) That the Chief Executive Officer be authorised to revoke an order to close a<br />

thoroughfare. This is in accordance with section 3.50 (6) <strong>of</strong> the Act.<br />

(25) That the Chief Executive Officer be authorised to partially or temporarily close a<br />

thoroughfare, without giving local public notice, if the closure is for the<br />

purpose <strong>of</strong> carrying out repairs or maintenance and is unlikely to have a<br />

significant adverse effect on users <strong>of</strong> the thoroughfare. This is in accordance<br />

with section 3.50A <strong>of</strong> the Act.<br />

(26) That the Chief Executive Officer be authorised to, by way <strong>of</strong> public notice,<br />

revoke an order under regulation 6 (1) that closed a thoroughfare or alter it to<br />

make it less restrictive. This is in accordance with Regulation 6 <strong>of</strong> the Local<br />

government (Functions and General) Regulations 1996.<br />

(27) That the Chief Executive Officer be authorised to give notice inviting<br />

submissions and consider those submissions, before fixing, altering or<br />

realigning a public thoroughfare or draining water onto adjoining land. This is<br />

in accordance with section 3.51 (3) <strong>of</strong> the Act.<br />

(28) If an unvested facility lies within 2 or more districts, the Chief Executive Officer<br />

is authorised to negotiate with the other local government(s) on its control and<br />

management. This is in accordance with section 3.53 (3) <strong>of</strong> the Act.<br />

(29) That the Chief Executive Officer be authorised to do anything that <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong> could do under the Parks and Reserves Act 1895 if it were a board<br />

under that Act, to control and manage any land reserved under the Land Act<br />

1933 and vested in or placed under the control and management <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong>. This is in accordance with section 3.54 (1) <strong>of</strong> the Act.<br />

(30) That the Chief Executive Officer be delegated the authority to invite tenders<br />

before the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> enters into a contract for goods and services with<br />

a value <strong>of</strong> $100,000 or more (Functions and General reg 11). This is in<br />

accordance with section 3.57 (1) <strong>of</strong> the Act.<br />

(31) That the Chief Executive Officer be delegated the authority, when inviting<br />

tenders, to determine in writing the criteria for accepted tenders. This is in<br />

accordance with Regulation 14 (2a) <strong>of</strong> the Local Government (Functions and<br />

General) Regulations 1996.<br />

(32) That the Chief Executive Officer be delegated the authority to consider any<br />

tender that has not been rejected and decide which one to accept. The Chief<br />

Executive Officer may decline any tender. This is in accordance with Regulation<br />

18 (4) & (5) <strong>of</strong> the Local Government (Functions and General) Regulations 1996.<br />

(33) That the Chief Executive Officer be delegated the authority, with the approval <strong>of</strong><br />

the tenderer, to make a minor variation in contract for goods and services<br />

before the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> enters into a contract with the successful<br />

tenderer. This is in accordance with Regulation 20 <strong>of</strong> the Local Government<br />

(Functions and General) Regulations 1996.<br />

(34) If the successful tenderer does not want to accept the contract with the<br />

variation or the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> and the tenderer cannot reach an agreement,<br />

the Chief Executive Officer is delegated the authority to select the next most<br />

appropriate tenderer. This is in accordance with Regulation 20 (2) <strong>of</strong> the Local<br />

Government (Functions and General) Regulations 1996.<br />

(35) That the Chief Executive Officer be delegated the authority to seek expressions<br />

<strong>of</strong> interest before entering the tender process. This is in accordance with<br />

Regulation 21 (1) <strong>of</strong> the Local Government (Functions and General) Regulations<br />

1996.<br />

(36) That the Chief Executive Officer be delegated the authority to consider any<br />

submissions <strong>of</strong> interest that have not been rejected and decide which ones<br />

could satisfactorily supply the goods and services. This is in accordance with<br />

Regulation 23 (3) <strong>of</strong> the Local Government (Functions and General) Regulations<br />

1996.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 73<br />

(37) That the Chief Executive Officer be delegated the authority to dispose <strong>of</strong><br />

property to the highest bidder at a public auction or the most suitable public<br />

tender. This is in accordance with section 3.58 (2) <strong>of</strong> the Act.<br />

(38) That the Chief Executive Officer be delegated the authority to dispose <strong>of</strong><br />

property by private treaty following the process set out in section 3.58 (3). This<br />

is in accordance with section 3.58 (3) <strong>of</strong> the Act.<br />

(39) That the Chief Executive Officer be delegated the power to declare a disposition<br />

<strong>of</strong> land as an exempt disposition if the Chief Executive Officer does not<br />

consider that the ownership <strong>of</strong> the land would be <strong>of</strong> significant benefit to<br />

anyone other than the transferee. This is in accordance with Regulation 30 (2)<br />

(a) (ii) <strong>of</strong> the Local Government (Functions and General) Regulations 1996.<br />

Part 5 – Administration<br />

(40) That the Chief Executive Officer be delegated the power to review all<br />

delegations made to a committee. This is in accordance with section 5.18 <strong>of</strong> the<br />

Act.<br />

(41) That the Chief Executive Officer be delegated the duty to ensure that notice<br />

papers and agenda relating to any council or committee meeting and reports<br />

and other documents tabled at the meeting or which have been produced for<br />

presentation at the meeting are made available to the public at the same time as<br />

they are available to council and committee members. This is in accordance<br />

with Regulation 14 (1) <strong>of</strong> the Local Government (Administration) Regulations<br />

1996.<br />

(42) That the Chief Executive Officer be delegated the authority to select a day on<br />

which the general meeting <strong>of</strong> electors is to be held not more than 56 days after<br />

the local government accepts the annual report from the previous financial<br />

year. This is in accordance with section 5.27 (2) <strong>of</strong> the Act.<br />

(43) That the Chief Executive Officer be delegated the authority to designate any<br />

employee to be a senior employee. This is in accordance with section 5.37 (1) <strong>of</strong><br />

the Act.<br />

(44) That the Chief Executive Officer be delegated the authority, in the instance <strong>of</strong><br />

the position <strong>of</strong> a senior employee becoming vacant, to advertise the position in<br />

the manner and containing such information as prescribed. This is in<br />

accordance with section 5.37 (3) <strong>of</strong> the Act.<br />

(45) That the Chief Executive Officer be delegated the duty to prepare a policy for<br />

employees whose employment is finishing, setting out the circumstances in<br />

which the local government would pay a gratuity and how that gratuity would<br />

be assessed, and give local public notice <strong>of</strong> the policy. This is in accordance<br />

with section 5.50 (1) <strong>of</strong> the Act.<br />

(46) That the Chief Executive Officer be delegated the authority to make a payment<br />

to an employee whose employment is finishing, that is in addition to the<br />

amount set out in its policy, provided local public notice <strong>of</strong> the payment is<br />

given. This is in accordance with section 5.50 (2) <strong>of</strong> the Act.<br />

(47) That the Chief Executive Officer be delegated the duty to prepare a plan for the<br />

future. This is in accordance with section 5.56 <strong>of</strong> the Act.<br />

(48) That the Chief Executive Officer be delegated the duty to review the <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong>’s current plan for the future every 2 years. This is in accordance with<br />

regulation 19C <strong>of</strong> the Local Government (Administration) Regulations 1996.<br />

(49) That the Chief Executive Officer be delegated the authority to make available for<br />

inspection information prescribed as confidential but only in accordance with<br />

section 5.95 (7) <strong>of</strong> the Act. This is in accordance with regulation 29A (2) <strong>of</strong> the<br />

Local Government (Administration) Regulations 1996.<br />

(50) That the Chief Executive Officer be delegated the authority to approve<br />

expenses which are to be reimbursed to councillors, provided the expenses are


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 74<br />

<strong>of</strong> the kind prescribed as those which the local government can approve for<br />

reimbursement (subject to section 5.98 (3)). This is in accordance with section<br />

5.98 (2) (b) <strong>of</strong> the Act.<br />

(51) That the Chief Executive Officer be delegated the authority to approve the<br />

reimbursement to a council member <strong>of</strong> an approved expense, either generally<br />

or in a particular case. This is in accordance with section 5.98 (4) <strong>of</strong> the Act.<br />

(52) That the Chief Executive Officer be delegated the authority to approve the<br />

reimbursement <strong>of</strong> expenses to committee members who are not council<br />

members or employees. This is in accordance with section 5.100 (2) <strong>of</strong> the Act.<br />

(53) That the Chief Executive Officer be delegated the authority to approve the<br />

reimbursement <strong>of</strong> expenses to committee members who are not council<br />

members or employees. This is in accordance with section 5.100 (2) <strong>of</strong> the Act.<br />

(54) That the Chief Executive Officer be delegated the authority to approve the<br />

reimbursement <strong>of</strong> expenses to an employee for an expense that was incurred in<br />

relation to a matter affecting the local government. This is in accordance with<br />

section 5.101 (2) <strong>of</strong> the Act.<br />

(55) That the Chief Executive Officer be delegated the authority to approve a cash<br />

advance to a person for an expense which can be reimbursed. This is in<br />

accordance with section 5.102 <strong>of</strong> the Act.<br />

Part 6 – Financial Management<br />

(56) That the Chief Executive Officer be delegated the duty to establish and<br />

document personal control procedures to ensure control over investments.<br />

This is in accordance with regulation 19 (1) <strong>of</strong> the Local Government (Financial<br />

Management) Regulations 1996.<br />

(57) That the Chief Executive Officer be delegated the authority to transfer money<br />

held in trust for ten years to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s Municipal Fund, but in the<br />

event <strong>of</strong> a person establishing a right to payment <strong>of</strong> that money, must repay the<br />

money to that person, together with any interest earned on the investment. This<br />

is in accordance with section 6.9 <strong>of</strong> the Act.<br />

(58) That the Chief Executive Officer be delegated the authority to waive or grant<br />

concessions in relation to any amount and to write <strong>of</strong>f any amount <strong>of</strong> money<br />

(less than $100) that is owed to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> (subject to section 6.12<br />

(2)). This is in accordance with section 6.12 (1) (b) <strong>of</strong> the Act.<br />

(59) That the Chief Executive Officer be delegated the authority to determine what<br />

conditions apply to the granting <strong>of</strong> a concession. This is in accordance with<br />

section 6.12 (3) <strong>of</strong> the Act.<br />

(60) That the Chief Executive Officer be delegated the authority to invest money in<br />

the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s municipal fund or trust fund that is not being used, in<br />

accordance with Part III <strong>of</strong> the Trustees Act 1962 and Policy 6.2 <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong> Policy Manual. This is in accordance with section 6.14 (1) <strong>of</strong> the Act.<br />

(61) That the Chief Executive Officer be delegated the authority to make an<br />

agreement with a person to pay their rates and service charges. This is in<br />

accordance with section 6.49 <strong>of</strong> the Act.<br />

(62) That the Chief Executive Officer be delegated the authority to determine the due<br />

date that rates and charges become due, but which date cannot be sooner than<br />

35 days after the date noted on the rates record. This is in accordance with<br />

section 6.50 (1) and (2) <strong>of</strong> the Act.<br />

(63) That the Chief Executive Officer be delegated the exercisable power to recover<br />

an unpaid rate or service charge and the cost <strong>of</strong> proceedings in a court <strong>of</strong><br />

competent jurisdiction. This is in accordance with section 6.56 (1) <strong>of</strong> the Act.<br />

(64) That the Chief Executive Officer be delegated the exercisable power to give<br />

notice to a lessee <strong>of</strong> land in respect <strong>of</strong> which there is an unpaid rate or service<br />

charge, requiring the lessee to pay its rent to the local government in


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 75<br />

satisfaction <strong>of</strong> the rate or service charge. This is in accordance with section<br />

6.60 (2) <strong>of</strong> the Act.<br />

(65) That the Chief Executive Officer be delegated the duty, that in the event that the<br />

Chief Executive Officer gives notice to a lessee under section 6.60 (2), to give a<br />

copy <strong>of</strong> the notice to the lessor. This is in accordance with section 6.60 (3) <strong>of</strong><br />

the Act.<br />

(66) That the Chief Executive Officer be delegated the exercisable power, that in the<br />

event that the Chief Executive Officer gives notice to a lessee under section<br />

6.60 (2) and the lessee fails to pay the rent to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>, to recover<br />

the rate or service charge as a debt from the lessee. This is in accordance with<br />

section 6.60 (4) <strong>of</strong> the Act.<br />

(67) That the Chief Executive Officer be delegated the exercisable power, that in the<br />

event <strong>of</strong> any rate or service charge having remained unpaid for at least 3 years,<br />

for the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> to take possession <strong>of</strong> the land and hold the land<br />

against a person having an estate or interest in the land, and may lease or sell<br />

the land or transfer it to the Crown itself. This is in accordance with section 6.64<br />

(1) <strong>of</strong> the Act.<br />

(68) That the Chief Executive Officer be delegated the authority to lodge a caveat in<br />

respect <strong>of</strong> any land for which rates and service charges are outstanding. This is<br />

in accordance with section 6.64 (3) <strong>of</strong> the Act.<br />

(69) That the Chief Executive Officer be delegated the duty, that in the event that the<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> accepts payment <strong>of</strong> outstanding rate and service charges<br />

under sections 6.69 (1) or 6.69 (2), to make such notifications and take such<br />

measures as are prescribed to cancel the proposed sale. This is in accordance<br />

with section 6.69 (3) <strong>of</strong> the Act.<br />

(70) That the Chief Executive Officer be delegated the exercisable power, in the<br />

event that the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> is unable to sell land under Part 6 Division 6<br />

within 12 months, to transfer the land to the crown or the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>.<br />

This is in accordance with section 6.71 (1) <strong>of</strong> the Act.<br />

(71) That the Chief Executive Officer be delegated the duty to consider any<br />

objections it receives in relation to a revestment under regulation 77. This is in<br />

accordance with regulation 77 <strong>of</strong> the Local Government (Financial Management)<br />

Regulations 1996.<br />

(72) That the Chief Executive Officer be delegated the authority to extend the time<br />

for a person to make an objection in relation to the rate record. This is in<br />

accordance with section 6.76 (4) <strong>of</strong> the Act.<br />

(73) That the Chief Executive Officer be delegated the authority to consider any<br />

objections to the rates record and may disallow or allow the objection either<br />

wholly or in part. This is in accordance with section 6.76 (5) <strong>of</strong> the Act.<br />

(74) That the Chief Executive Officer be delegated the duty to provide a person<br />

notice <strong>of</strong> any decision in relation to an objection to the rates record. This is in<br />

accordance with section 6.76 (6) <strong>of</strong> the Act.<br />

Part 8 – Scrutiny <strong>of</strong> the affair <strong>of</strong> local governments<br />

(75) That the Chief Executive Officer be delegated the duty, upon receiving a<br />

request from the Minister for information, to provide the information to the<br />

Minister within the specified time <strong>of</strong> the notice. This is in accordance with<br />

section 8.2 (2) <strong>of</strong> the Act.<br />

(76) That the Chief Executive Officer be delegated the duty, upon receiving a<br />

request from the Minister for information, to provide the information to the<br />

Minister within the specified time <strong>of</strong> the notice. This is in accordance with<br />

section 8.2 (2) <strong>of</strong> the Act.<br />

(77) That the Chief Executive Officer be delegated the duty to give the Minister<br />

advice <strong>of</strong> what things have been do or will be done to comply with an Inquiry


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 76<br />

report from the Minister or a person authorised by the Minister, within 35 days<br />

<strong>of</strong> the report. This is in accordance with section 8.14 (3) <strong>of</strong> the Act.<br />

(78) That the Chief Executive Officer be delegated the duty to give the Minister<br />

advice <strong>of</strong> what things have been do or will be done to comply with an Inquiry<br />

Panel’s within 35 days <strong>of</strong> the report, or provide a comment on a<br />

recommendation to dismiss the council. This is in accordance with section 8.23<br />

(4) <strong>of</strong> the Act.<br />

Part 9 – Miscellaneous provisions<br />

(79) That the Chief Executive Officer be delegated the duty to give a person who has<br />

made an objection to a notice given under section 3.25, notice <strong>of</strong> how it was<br />

disposed <strong>of</strong> and reasons why. This is in accordance with section 9.6 (5) <strong>of</strong> the<br />

Act.<br />

(80) That the Chief Executive Officer be delegated the duty to give a person who has<br />

made an objection to a notice given under section 3.25, notice <strong>of</strong> how it was<br />

disposed <strong>of</strong> and reasons why. This is in accordance with section 9.6 (5) <strong>of</strong> the<br />

Act.<br />

(81) That the Chief Executive Officer be delegated the duty, as soon as a decision<br />

under section 9.9 (1) (b) is made, to give the effected person written notice<br />

stating the reason for the decision. This is in accordance with section 9.9 (3) <strong>of</strong><br />

the Act.<br />

(82) That the Chief Executive Officer be delegated the authority to appoint persons<br />

or classes <strong>of</strong> persons to be authorised to perform certain functions and issue<br />

them with a certificate stating that they are authorised. This is in accordance<br />

with section 9.10 (1) & (2) <strong>of</strong> the Act.<br />

(83) That the Chief Executive Officer be authorised to exercise powers under<br />

Section 9.13(1) <strong>of</strong> the Act.<br />

(84) That the following persons be authorised to issue an infringement notice for an<br />

alleged <strong>of</strong>fence against a Regulation or Local Law under Section 9.16 <strong>of</strong> the<br />

Act -<br />

- Chief Executive Officer<br />

- Works Supervisor<br />

- Manager Regulatory Services<br />

- Finance and Administration Manager<br />

(85) That the Chief Executive Officer and Finance and Administration Manager be<br />

authorised to receive modified penalties under Section 9.17 <strong>of</strong> the Act.<br />

(86) That the Chief Executive Officer be authorised to extend the time for payment <strong>of</strong><br />

a modified penalty under Section 9.19 <strong>of</strong> the Act.<br />

(87) That the Chief Executive Officer be authorised to withdraw an infringement<br />

notice under Section 9.20 <strong>of</strong> the Act.<br />

(88) That the Chief Executive Officer be delegated the authority, in the event that a<br />

dispute has a arisen between the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> and another local<br />

government, to refer the matter to the Minister to resolve. This is in accordance<br />

with section 9.63 (1) <strong>of</strong> the Act.<br />

(90) That the Chief Executive Officer be delegated the authority to recover accruing<br />

rates from a principal or agent who has failed to give notice in accordance with<br />

section 9.68. This is in accordance with section 9.68 (5) <strong>of</strong> the Act.<br />

Schedule 2.1 - Provisions about creating, changing the boundaries <strong>of</strong>, and abolishing<br />

districts.<br />

(91) That the Chief Executive Officer be delegated the authority, in the event that the<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> is affected by an order made under Schedule 2.1, to<br />

negotiate any adjustment or transfer <strong>of</strong> property, rights and liabilities. This is in<br />

accordance with clause 11 (2) <strong>of</strong> Schedule 2.1 <strong>of</strong> the Act.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 77<br />

Schedule 2.2 – Provisions about names, wards and representation.<br />

(92) That the Chief Executive Officer be delegated the authority to consider any<br />

submissions made under clause 3 <strong>of</strong> Schedule 2.2. This is in accordance with<br />

clause 4 (1) <strong>of</strong> Schedule 2.2 <strong>of</strong> the Act.<br />

(93) That the Chief Executive Officer be delegated the duty to carry out a review <strong>of</strong><br />

the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s ward boundaries and the number <strong>of</strong> councillors every<br />

8 years or as directed by the Advisory Board. This is in accordance with clause<br />

6 <strong>of</strong> Schedule 2.2 <strong>of</strong> the Act.<br />

Schedule 6.2 – Provisions relating to lease <strong>of</strong> land where rates or service<br />

charges unpaid.<br />

(94) That the Chief Executive Officer be delegated the exercisable power to lease<br />

land with any conditions for a term that does not exceed 7 years. This is in<br />

accordance with clause 1(1) <strong>of</strong> Schedule 6.2 <strong>of</strong> the Act.<br />

Schedule 6.3 – Provisions relating to lease <strong>of</strong> land where rates or service<br />

charges unpaid.<br />

(95) That the Chief Executive Officer be delegated the authority to appoint a time<br />

which the land may be <strong>of</strong>fered for sale by public auction, not less than 3<br />

months and not more than 12 months from the service <strong>of</strong> the notice clauses 1<br />

(1) or 1 (2) <strong>of</strong> schedule 6.3. This is in accordance with clause 1(4) <strong>of</strong> Schedule<br />

6.3 <strong>of</strong> the Act.<br />

(96) That the Chief Executive Officer be delegated the authority to transfer or<br />

convey to the purchaser <strong>of</strong> the land an indefeasible estate fee simple. This is in<br />

accordance with clause 4 <strong>of</strong> Schedule 6.3 <strong>of</strong> the Act.<br />

BUILDING MATTERS<br />

Local Government (Miscellaneous Provisions) Act, 1960<br />

Section 2 <strong>of</strong> the Local Government Act 1995 applies as if the provisions <strong>of</strong> this Act<br />

were in that Act, but in construing the provisions <strong>of</strong> this Act, account is to be taken<br />

<strong>of</strong> the meanings they had before the Local Government Act 1995 commenced.<br />

1.31 Unauthorised Structures Procedure<br />

(1) Where any building work or structure is constructed in breach <strong>of</strong> any provision<br />

<strong>of</strong> the Building Regulations, the Manager Regulatory Services is delegated<br />

indefinite authority to give notice to the owner in accordance with the following<br />

procedure for the purpose <strong>of</strong> bringing the building, work or structure into<br />

conformity with the said Regulations.<br />

(2) Notice be given to the owner or builder drawing attention to the existence <strong>of</strong> a<br />

structure constructed in breach <strong>of</strong> the provisions <strong>of</strong> the Regulations and<br />

requiring written explanation within 14 days <strong>of</strong> the notice.<br />

(3) Provided a satisfactory explanation is received and the relevant action is taken<br />

to comply with the requirements <strong>of</strong> the notice and Regulations, the Manager<br />

Regulatory Services is authorised to issue a building licence.<br />

(4) Should the owner or builder fail to comply with the requirements <strong>of</strong> the notice<br />

within the specified time or show good and sufficient reason for not doing so,<br />

the matter shall be placed before the Council.<br />

(5) Where any building work or structure is in breach <strong>of</strong> the building permit issued,<br />

the Manager Regulatory Services is delegated indefinite authority to issue,<br />

under the hand <strong>of</strong> the Chief Executive Officer, a stop work order to force the<br />

breach to be addressed under Section 401A <strong>of</strong> the Local Government<br />

(Miscellaneous Provisions) Act 1960.<br />

(6) The Manager Regulatory Services is delegated indefinite authority to lift, under<br />

the hand <strong>of</strong> the Chief Executive Officer, any stop work order when satisfied the<br />

breach has been rectified.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 78<br />

(7) All stop work orders imposed or lifted shall be reported to the next meeting <strong>of</strong><br />

Council.<br />

1.32 Dust and Sand Nuisance<br />

That the Chief Executive Officer be delegated authority to give notice under<br />

Section 3.25(1) <strong>of</strong> the Local Government Act to an owner or occupier <strong>of</strong> land<br />

requiring the owner or occupier to take specific measures for preventing or<br />

minimising sand drifts on the land that are likely to adversely affect other land,<br />

provided such notice is reported to the next <strong>Ordinary</strong> meeting <strong>of</strong> the Council<br />

with a recommendation as to any further action. - Remove and replaced with<br />

1.21 (3) <strong>of</strong> Register <strong>of</strong> Delegations.<br />

1.33 Recovery <strong>of</strong> Damage to Roads<br />

The Chief Executive Officer is delegated indefinite authority to recover the cost<br />

<strong>of</strong> repairs to damage caused to roads, kerbing and footpaths, under Section 379<br />

<strong>of</strong> the Local Government (Miscellaneous Provisions) Act 1960 or other<br />

appropriate written or unwritten law.<br />

BUILDING SURVEYOR DELEGATION<br />

Local Government (Miscellaneous Provisions) Act 1960<br />

The Section 374(1b) Delegation<br />

Section 374 (1b) <strong>of</strong> the Local Government (Miscellaneous Provisions) Act provides<br />

-<br />

“The authority to approve or refuse to approve plans and specifications submitted<br />

under this Section may be delegated by a Council to a person appointed to the<br />

<strong>of</strong>fice <strong>of</strong>, Building Surveyor, but where a plan and specifications so submitted<br />

conform to -<br />

(a)<br />

(b)<br />

all Local Laws in force in the relevant district or part <strong>of</strong> a district in respect <strong>of</strong><br />

building matters, and the Council’s predetermined policy in respect <strong>of</strong><br />

building matters, and<br />

all Local Laws and Schemes in force in the relevant district or part <strong>of</strong> a district<br />

in respect <strong>of</strong> town and regional planning matters, and the Council’s<br />

predetermined policy in respect <strong>of</strong> town and regional planning matters, the<br />

Building Surveyor shall not refuse to approve that plan or those specifications<br />

without first obtaining consent from the Council.”<br />

2.1 Building Licence Application<br />

(1) The Manager Regulatory Services be delegated indefinite authority under<br />

Section 374(1b) <strong>of</strong> the Local Government (Miscellaneous Provisions) Act 1960,<br />

to approve all applications for building licences within the terms <strong>of</strong> Council<br />

policies where satisfied that the drawings and specifications conform to the<br />

Local Laws, Regulations and Town Planning Scheme requirements applicable.<br />

(2) A summary <strong>of</strong> building licences issued is to be submitted to Council monthly.<br />

HEALTH<br />

“Powers <strong>of</strong> Local Authority<br />

Health Act 1911<br />

Council Powers <strong>of</strong> Delegation<br />

26. Every Local Authority is hereby authorised and directed to carry out within its<br />

district the provisions <strong>of</strong> the Act and the Regulations, Local Laws, and orders<br />

made thereunder.<br />

Provided that a Local Authority may appoint and authorise any person to be its<br />

deputy, and in that capacity to exercise and discharge all or any <strong>of</strong> the powers and<br />

functions <strong>of</strong> the Local Authority for such time and subject to such conditions and


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 79<br />

limitations (if any) as the Local Authority shall see fit from time to time to prescribe,<br />

but so that such appointment shall not affect the exercise or discharge by the Local<br />

Authority itself <strong>of</strong> any power or function.<br />

(Section 26 amended by No 17 <strong>of</strong> 1918 Section 5)<br />

3.1 Health Act Offences<br />

The Manager Regulatory Services is delegated indefinite authority pursuant to<br />

Section 26 <strong>of</strong> the Health Act, to serve such notices as are deemed necessary,<br />

under the hand <strong>of</strong> the Chief Executive Officer, against breaches <strong>of</strong> the Health<br />

Act and the Regulations, Local Laws and orders made thereunder, provided<br />

that noncompliance with any notice will be referred to the Council before<br />

proceeding with legal action.<br />

3.2 Dwellings Unfit for Occupation<br />

(1) If, in the opinion <strong>of</strong> the Manager Regulatory Services, a dwelling occupied by a<br />

person or persons is, by reason <strong>of</strong> uncleanliness or want <strong>of</strong> repair, unfit for<br />

human habitation, he is authorised to serve notice under the hand <strong>of</strong> the Chief<br />

Executive Officer and pursuant to the provisions <strong>of</strong> the Health Act, directing -<br />

a<br />

b<br />

c<br />

the dwelling not, after a time specified in the notice, be inhabited or<br />

occupied by any person, or<br />

within a specified time to amend the dwelling in accordance with a<br />

schedule <strong>of</strong> works, or<br />

to take down and remove the dwelling.<br />

(2) Where such notice is served, the Manager Regulatory Services will report the<br />

details <strong>of</strong> it to the Council at its meeting next succeeding the date <strong>of</strong> the notice.<br />

3.3 On Site Caravans<br />

That the Chief Executive Officer and Manager Regulatory Services be<br />

authorised under Regulation 6 <strong>of</strong> the Caravan Parks and Camping Grounds<br />

Regulations to grant approvals under Regulation 11(2) or 12(2) <strong>of</strong> the<br />

Regulations.<br />

3.4 Dog Control<br />

(1) That the Chief Executive Officer and (Ranger or equivalent) be authorised to<br />

exercise any power conferred on an authorised person by Section 29(1) <strong>of</strong> the<br />

Dog Act 1976.<br />

(2) That the Chief Executive Officer be authorised to take enforcement proceedings<br />

under Section 44(2) <strong>of</strong> the Dog Act, including the retaining <strong>of</strong> legal advice if<br />

considered desirable by the Chief Executive Officer.<br />

PLANNING<br />

4.1 Development Applications<br />

(1) Development within the <strong>Shire</strong>, existing and any established in the future, is to<br />

be controlled by the provisions <strong>of</strong> the Town Planning and Development Act and<br />

the Town Planning Scheme Texts where they have been adopted by Council.<br />

The Chief Executive Officer is delegated indefinite authority to process and<br />

approve/reject (in consultation with Council’s planning consultants where<br />

necessary) provided they comply with the provisions <strong>of</strong> the relevant Town<br />

Planning Scheme.<br />

(2) All applications which are <strong>of</strong> a contentious nature, or do not comply fully with<br />

the provisions <strong>of</strong> the Scheme/s or require specific Council approval, will be<br />

referred with recommendation to the Council.<br />

(3) A schedule outlining the applications approved administratively will be<br />

submitted each month to Council.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 80<br />

4.2 Subdivisions - Conditions Applicable<br />

(1) The Chief Executive Officer is delegated indefinite authority to approve<br />

applications for subdivision conforming in all respects to the provisions <strong>of</strong> the<br />

Town Planning and Development Act, the relevant Town Planning Scheme,<br />

Building Regulations and the Health Act.<br />

(2) Where a proposed subdivision involves a specific relaxation <strong>of</strong> minimum<br />

standards or is located within a “problem area” as recognised by servicing<br />

authorities, then the subdivision application be referred to the Council for<br />

consideration.<br />

(3) A list <strong>of</strong> subdivision approvals issued for the preceding month shall be<br />

submitted to each Council meeting.<br />

Voting Requirements<br />

Absolute Majority.<br />

Date <strong>of</strong> Report 9 May 2007<br />

Moved Cr Cane<br />

Seconded Cr Hoult<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

18.0 FINANCE<br />

18.1 FINANCIAL REPORTS TO 30 APRIL 2007<br />

Author<br />

Finance and Administration Manager<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Comment<br />

As per the requirements <strong>of</strong> Section 6.4 <strong>of</strong> the Local Government Act 1995 and Regulation<br />

34 <strong>of</strong> the Local Government Accounting (Financial Management) Regulations 1996, the<br />

following monthly financial reports to 30 April 2007 are attached.<br />

1 Municipal Fund Summary <strong>of</strong> Financial Activity<br />

2 Operating Statement<br />

3 Statement <strong>of</strong> Financial Position<br />

4 Significant Variances - Actual versus Budget<br />

5 Variances to Budget<br />

6 Detailed Schedules 3 to 14<br />

7 General Purpose Income - Schedule 1<br />

8 Statement <strong>of</strong> Rating Information - Schedule 2<br />

9 Bank Reconciliation<br />

For Councillors convenience a summary <strong>of</strong> financial activity has been prepared as below.<br />

Current Cash Position as per Bank Statements<br />

Municipal<br />

Bank Statement Municipal Fund 8,539<br />

Bank Statement Cash Management 996,577<br />

1,005,116


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 81<br />

Trust<br />

Bank Statement Trust Account 40,731<br />

Reserves<br />

Long Service Leave Reserve Term Deposit 68,208<br />

Office Replacement Reserve Term Deposit 47,792<br />

Pensioner Unit Reserve Term Deposit 143,638<br />

Recreation Facility Replacement/Upgrade Reserve 135,651<br />

Plant Replacement Reserve 40,731<br />

436,021<br />

Total Municipal, Trust and Reserves 1,481,867<br />

Current Operating Position<br />

Change in Net Assets resulting from Operations as per<br />

Operating Statement as at 30 April 2007 111,696<br />

Current Operating Position as per Municipal Fund<br />

Summary as at 30 April 2007 1,141,552<br />

Recommendation<br />

That the monthly financial reports to 30 April 2007 as attached be received.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 23 May 2007<br />

Moved Cr Hoult<br />

Seconded Cr Crawford<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

18.2 SCHEDULE OF ACCOUNTS FOR PAYMENT<br />

Author<br />

Finance and Administration Manager<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Comment<br />

The schedules <strong>of</strong> accounts to be passed for payment covering -<br />

1 Municipal Fund Account Cheque Numbers 23544 to 23572 totalling $28,412.07<br />

2 Municipal Fund Account Electronic Payment Numbers EFT5025 to EFT5097 totalling<br />

$129,897.10<br />

3 Municipal Fund Account Payroll for April 2007 totals $65,907.00<br />

4 Trust Police Licensing Direct Debit totalling $24,620.15<br />

submitted to each member <strong>of</strong> Council on 24 May 2007 have been checked and are fully<br />

supported by vouchers and invoices which are submitted herewith, and which have been<br />

duly certified as to the receipt <strong>of</strong> goods and rendition <strong>of</strong> services as to prices, computations<br />

and costings, and the amounts shown are due for payment.<br />

Recommendation<br />

That the cheques and electronic payments as per the attached schedules <strong>of</strong> accounts<br />

for payment totalling $248,836.32 be passed for payment.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 82<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 23 May 2007<br />

Moved Cr Hoult<br />

Seconded Cr Cane<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

18.3 SALE OF MERCHANDISE AT SHARK BAY WORLD HERITAGE DISCOVERY CENTRE BU 106.03<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Background<br />

Council will be aware that at its <strong>Ordinary</strong> meeting dated 25 October 2006 (Item 17.1) it<br />

resolved to sell additional book publications/merchandise at the Centre such as The<br />

Buccaneers Bell, Patterns <strong>of</strong> Nature and <strong>Shark</strong> <strong>Bay</strong> Days.<br />

Council also resolved at its <strong>Ordinary</strong> meeting dated 28 March 2007 (Item 17.3) to -<br />

Delegate authority to the Chief Executive Officer to determine what items will be considered<br />

by Council for sale in the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre and that this<br />

determination be based on items that are <strong>of</strong> high quality and particularly specific to the<br />

World Heritage Area and/or maritime history as depicted in the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre.<br />

Accordingly the Chief Executive Officer believes that both these publications have a direct<br />

relevance to the contents <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre.<br />

Comment<br />

Council has received a request from Dr Phillip Playford for the sale <strong>of</strong> his two publications<br />

Carpet <strong>of</strong> Silver The Wreck <strong>of</strong> the Zuytdorp which is available through UWA Press in<br />

hardback edition and Voyage <strong>of</strong> Discovery to Terra Australis by Willem de Vlamingh in<br />

1696-97, in s<strong>of</strong>tcover published by the Western Australian Museum. The wholesale prices<br />

<strong>of</strong> each publication, and the recommended retail sale prices, are detailed below in Financial<br />

Implications.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Wholesale price <strong>of</strong> the publication Carpet <strong>of</strong> Silver The Wreck <strong>of</strong> the Zuytdorp from UWA<br />

Press is $27.00 with a recommended retail sale price <strong>of</strong> $45.00.<br />

Wholesale price <strong>of</strong> the publication Voyage <strong>of</strong> Discovery to Terra Australis by Willem de<br />

Vlamingh in 1696-97 from WA Museum Press is $21.00 with a recommended retail sale<br />

price <strong>of</strong> $35.00<br />

Strategic Implications<br />

Nil.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 83<br />

Recommendation<br />

That Council -<br />

1 Adopt the following retail prices under Fees and Charges for the following<br />

books/merchandise on the <strong>Shark</strong> <strong>Bay</strong> region -<br />

1 Carpet <strong>of</strong> Silver The Wreck <strong>of</strong> the Zuytdorp $40.00<br />

2 Voyage <strong>of</strong> Discovery to Terra Australis by Willem de Vlamingh $35.00<br />

in 1696-97<br />

2 Place a notice in the Northern Guardian newspaper and on the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong><br />

<strong>Bay</strong> noticeboard <strong>of</strong> Council's intention to introduce the sale charges and the<br />

effective date.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 18 May 2007<br />

Moved Cr Hoult<br />

Seconded Cr Blennerhassett<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

18.4 FINANCIAL ASSISTANCE AND DONATION REQUESTS FOR 2007/08 BU 101.02<br />

Author<br />

Finance and Administration Manager<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

Applications were sought from community groups and sporting clubs that may require<br />

assistance from the Council during 2007/08 in the March Inscription Post. Applications<br />

closed on 20 April 2007. A total <strong>of</strong> ten applications were received by the closing date. The<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> has a Financial Assistance/Donation Policy which outlines the broad<br />

guidelines, selection criteria, acquittals, the timing <strong>of</strong> and goods and service tax implications<br />

with regards to financial assistance and donation requests.<br />

Comment<br />

The applications were assessed by a panel consisting <strong>of</strong> Cr Robert Blennerhassett (due to<br />

Cr Ken Gordon not being available), the Chief Executive Officer, Mr Kelvin Matthews, and<br />

the Finance and Administration Manager, Mr Stan Kocian.<br />

All the applications were assessed against the following selection criteria -<br />

• Applicant must be a non-pr<strong>of</strong>it organisation.<br />

• Applicant must ensure that the community will benefit from the donation.<br />

• Applicant must be an elector or operate in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> and Gascoyne<br />

District, with preference given to electors in the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>.<br />

• Donation requests previously funded will be given a low priority.<br />

• No organisation will receive more than guideline percentage <strong>of</strong> the total financial<br />

assistance/donation category expense budget.<br />

• Cash donations <strong>of</strong> $1,000 or more require an annual acquittal.<br />

• Applicants must be able to demonstrate attempts to source other relevant funding.<br />

• No application will be considered outside <strong>of</strong> the allocated timeframes.<br />

• All submissions will be in respect <strong>of</strong> the determined financial year’s budget only.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 84<br />

• Organisations which demonstrate their own fundraising attempts will be favourably<br />

considered.<br />

• The Council reserves the right to accept or reject submissions.<br />

• Unexpended funds must be returned to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> at the end <strong>of</strong> the<br />

financial year.<br />

• Annual allocation thresholds per applicant for each category.<br />

The Donation Review Panel has reviewed the applications against the selection criteria and<br />

put forward the following recommendations -<br />

<strong>Shark</strong> <strong>Bay</strong> Bowling Club<br />

• Has made an application under the Community Events category for its 17 th<br />

Anniversary Carnival Weekend. Funds are to go towards prizes and running costs to<br />

the total <strong>of</strong> $1,000.<br />

The panel’s view is that the application meets the criteria <strong>of</strong> being a community event<br />

and benefiting the community. The amount requested is below the threshold <strong>of</strong> 25%<br />

<strong>of</strong> the $18,000 annual allocation for community events.<br />

Tracking Back Program<br />

• $250 funding for Hall Hire, which is within the threshold <strong>of</strong> this category.<br />

• $1,000 for Bus Hire, which is within the threshold for this category.<br />

• $2,000 under the Seniors Program category for those not eligible for HACC, which is<br />

within the threshold for this category.<br />

• $500 towards a senior’s trip to Kalbarri under the Seniors Projects category, which is<br />

within the threshold for this category.<br />

The panel’s view is that the application is for worthwhile projects and programs for the<br />

seniors citizens <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> community.<br />

<strong>Shark</strong> <strong>Bay</strong> RSL<br />

• $110 Hall Hire for a community dance.<br />

The request is within the threshold for this category and fulfils the community benefit<br />

requirement.<br />

• $1,500 under the Community Events category for a Remembrance Day luncheon.<br />

This request is within the threshold for this category and fulfils the community benefit<br />

requirement.<br />

• $1,000 under the Youth Projects Scheme for a scholarship for a memorial tour.<br />

This request is within the threshold for this category. The panel feels this application<br />

fulfils the community benefit requirement as it is encouraging the youth to gain a<br />

greater knowledge, respect and understanding <strong>of</strong> the past.<br />

• $1,000 under the Historical Projects Category to be used towards the upgrading <strong>of</strong><br />

Pioneer Park.<br />

The panel decided it would not be appropriate to fund this request, as a major<br />

upgrade <strong>of</strong> Pioneer Park is planned by the <strong>Shire</strong> in consultation with the community<br />

and the RSL and has been included in the <strong>Shire</strong>’s Plan for the Future document.<br />

<strong>Shark</strong> <strong>Bay</strong> Arts Council Inc<br />

• $4,162.50 under the Community Events category to help fund annual Market Fair<br />

Days for the community and visiting travellers on 15 and 16 July each year to coincide<br />

with the Farwestern Championships. The funds requested from the <strong>Shire</strong> will be<br />

expended on travel, accommodation and food expenses for performers who will be<br />

the main attractions on the days.<br />

This request is within the threshold for this category and fulfils the community benefit<br />

requirement.<br />

Boolbardie Country Club Inc<br />

It should be noted that Cr Blennerhassett declared an interest in this application in view <strong>of</strong><br />

the fact that he is a current committee member <strong>of</strong> Boolbardie Country Club Inc. He did not<br />

participate in any discussion <strong>of</strong> this application.<br />

• $500 under the Cash Donation category for the purchase <strong>of</strong> club merchandise to be<br />

on-sold.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 85<br />

The Panel’s view is that this request should not be funded by the <strong>Shire</strong> as such<br />

activities were not intended to be supported by the donation financial assistance<br />

program and it would be an inappropriate use <strong>of</strong> <strong>Shire</strong> funds to do so.<br />

• $1,415 under the Sporting Club Assistance category to go towards the purchase <strong>of</strong> a<br />

2000 litre water tank, heavy duty rakes for sand greens and new flags for greens.<br />

This request is within the threshold for this category.<br />

• $500 under the Community Events category for <strong>Shire</strong> sponsorship <strong>of</strong> the annual<br />

Denham Open.<br />

This request is within the threshold for this category.<br />

Denham Occasional Care<br />

• $493.97 under the Cash Donation category for the purchase <strong>of</strong> materials (paints,<br />

brushes, scissors, paper etc) for children to use on Wednesdays, Thursdays and<br />

Fridays.<br />

This request is within the threshold for this category and in the view <strong>of</strong> the panel<br />

satisfies the community benefit category.<br />

• $2,215.18 under the Youth Project and Programs category for the purchase <strong>of</strong> a 25<br />

metre shade cloth and associated materials to be erected on the east side <strong>of</strong> the Day<br />

Care building from the eaves to the fence.<br />

This request is within the threshold for this category and will benefit the users <strong>of</strong> the<br />

facility (day care and playgroup) by providing much needed shade.<br />

St Andrews Anglican Church<br />

• $110 under the Hall Hire category for a community carols service.<br />

This request is within the threshold for this category and fulfils the community benefit<br />

requirement.<br />

<strong>Shark</strong> <strong>Bay</strong> Community Resource Centre<br />

• $700.00 under the Cash Donation to go towards the airfares <strong>of</strong> the coordinator to<br />

attend a conference in Melbourne.<br />

Whilst the request is within the threshold for this category it is the panel’s view that it<br />

would not be appropriate use <strong>of</strong> funds by the <strong>Shire</strong> to fund an individual's attendance<br />

at a course to further their personal pr<strong>of</strong>essional development.<br />

The above recommendations total $16,256.65 Financial Assistance to Community Clubs<br />

and Groups for programs, projects, events and in-kind and cash support. Further<br />

allocations will be recommended after the September 2007 round <strong>of</strong> applications.<br />

Legal Implications<br />

Nil.<br />

Policy Implications<br />

Policy 6.10 - The process <strong>of</strong> allocations has been in accordance with the Financial<br />

Assistance and Donations Policy.<br />

Financial Implications<br />

Assists in setting the budgets allocations for the 2007/08 financial year. Policy 6.10 states<br />

that a total <strong>of</strong> $60,000 be made available through the financial assistance/donation program<br />

to individuals, community groups and organisations each financial year.<br />

Strategic Implications<br />

Provides an equitable and transparent approach to assisting Community Groups and Clubs.<br />

Recommendation<br />

That Council -<br />

1 Accept the following recommendations <strong>of</strong> the Donations Review Panel -<br />

<strong>Shark</strong> <strong>Bay</strong> Bowling Club $ 1,000 Community Events<br />

Tracking Back Program $ 250 Hall Hire<br />

Tracking Back Program $ 1,000 Bus Hire


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 86<br />

Tracking Back Program $ 2,000 Seniors Program<br />

Tracking Back Program $ 500 Seniors Project<br />

<strong>Shark</strong> <strong>Bay</strong> RSL $ 110 Hall Hire<br />

<strong>Shark</strong> <strong>Bay</strong> RSL $ 1,500 Community Events<br />

<strong>Shark</strong> <strong>Bay</strong> RSL $ 1,000 Youth Projects<br />

<strong>Shark</strong> <strong>Bay</strong> Arts Council $ 4,162 Community Events<br />

Boolbardie Country Club $ 1,415 Sporting Club<br />

Boolbardie Country Club $ 500 Community Events<br />

Denham Occasional Care $ 494 Cash Donation<br />

Denham Occasional Care $ 2,215 Youth Projects<br />

St Andrews Anglican Church $ 110 Hall Hire<br />

2 Make the above allocations in the 2007/08 budget under the various Financial<br />

Assistance categories<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 9 May 2007<br />

Moved Cr Crawford<br />

Seconded Cr Hoult<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

18.5 RATES - DIFFERENTIAL RATES RA 106<br />

Author<br />

Finance and Administration Manager<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

Should the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> wish to impose a differential general rate it must give local<br />

public notice as per Section 1.7 <strong>of</strong> the Local Government Act 1995 <strong>of</strong> its intention within the<br />

period <strong>of</strong> two (2) months proceeding the commencement <strong>of</strong> the financial year (ie on or after<br />

1 May).<br />

An elector or ratepayer is invited to lodge a submission in respect <strong>of</strong> the proposed rate or<br />

minimum payment within twenty one (21) days <strong>of</strong> the notice being published. The Local<br />

Government is required to consider any submissions received before imposing the<br />

proposed rate.<br />

A differential rate is defined under Section 6.33 (1) <strong>of</strong> the Local Government Act 1995 -<br />

“A local government may impose differential general rates according to any, or a<br />

combination, <strong>of</strong> the following characteristics-<br />

(a) the purpose for which the land is zoned under a town planning scheme in force under<br />

the Town Planning and Development Act 1928;<br />

(b) The predominant purpose for which the land is held or used as determined by the<br />

local government;<br />

(c) Whether or not the land is vacant land; or<br />

(d) Any other characteristic or combination <strong>of</strong> characteristics prescribed.’<br />

Section 6.33 (3) <strong>of</strong> the Local Government Act 1995 also applies -<br />

“In imposing a differential general rate a local government is not, without the approval <strong>of</strong> the<br />

Minister, impose a differential general rate which is more than twice the lowest differential<br />

general rate imposed by it.”


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 87<br />

In the 2006/2007 financial year, 67 Local Governments utilised differential rating. The use<br />

<strong>of</strong> differential rates and specified area rates provides Local Government with flexibility to<br />

achieve equity in their revenue raising.<br />

The <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> has previously imposed a differential rate in accordance with Sub<br />

Division 2 <strong>of</strong> Division 6 <strong>of</strong> the Local Government Act 1995. If the <strong>Shire</strong> wishes to impose a<br />

differential rate again this year, local public notice must be given and contain the following<br />

information -<br />

(a) details <strong>of</strong> each rate or minimum payment the Local Government intends to<br />

impose;<br />

(b) an invitation for submissions to be made by an elector or ratepayer in respect <strong>of</strong><br />

the proposed rate or minimum payment and any related matters within 21 days <strong>of</strong> the<br />

notice; and<br />

(c) any further information in relation to matters specified in the above which may<br />

be prescribed.<br />

In the 2006/2007 financial year the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> imposed the following differential<br />

rates -<br />

Rates Category Minimum Rates Rate in the Dollar<br />

($) (¢)<br />

Gross Rental Value (GRV) 338.00 8.5148<br />

Unimproved Value (UV) 320.00 14.6595<br />

Unimproved Pastoral 320.00 3.1792<br />

These differential rates resulted in the rates model below.<br />

Non Minimum Rates<br />

Land<br />

Category<br />

Rate in the<br />

Dollar<br />

Number<br />

<strong>of</strong><br />

Properties<br />

Percentage <strong>of</strong><br />

Properties in<br />

Category<br />

Rates<br />

Levied<br />

Average<br />

Rates per<br />

Assessment<br />

GRV 8.5148 cents 423 82 % $414,387 $979.64<br />

UV 14.6596 cents 33 92 % $229,265 $6,947.42<br />

UV Pastoral 3.1792 cents 13 100 % $17,804 $1,369.54<br />

Total 469 $661,456<br />

Minimum Rates<br />

Land Category<br />

Minimum<br />

Number <strong>of</strong><br />

Properties<br />

Percentage<br />

<strong>of</strong> Properties<br />

in Category<br />

Rates Levied<br />

GRV $338.00 94 18% $31,772<br />

UV $320.00 3 8% $960<br />

Total 97 $32,732<br />

Total rates levied on 566 properties was $694,188.<br />

Comment<br />

When striking the rate in the dollar, Local Governments generally adopt a practice <strong>of</strong><br />

applying the rate <strong>of</strong> inflation.<br />

The Consumer Price Index (CPI) has historically been accepted as the most accurate<br />

indicator <strong>of</strong> inflation in the Australian Economy. To the end <strong>of</strong> the March quarter 2007 the<br />

annualised national CPI growth was 2.4%, whilst for Perth it was 3.52%.<br />

In recent times the Western Australian Local Government Association (WALGA) has<br />

developed the Local Government Cost Index (LGCI) to provide a more accurate guidance<br />

on price changes for the Local Government sector than the CPI. The LGCI is created by<br />

combining 30% <strong>of</strong> the change in the Construction Index with 70% <strong>of</strong> the Perth CPI. The


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 88<br />

LGCI does not reflect changes in wages, primarily because the Local Government sector<br />

wage growth tends to lag behind other sectors in the economy.<br />

While the CPI is widely recognised it does not reflect the general costs associated with<br />

Local Government activities that tend not to make purchases synonymous with the average<br />

Australian household. The LGCI indicates that CPI understates Local Government cost by<br />

approximately 10% during the last decade.<br />

To the end <strong>of</strong> the March quarter 2007 the annualised LGCI growth was 5.38% and the State<br />

Government has forecast that the annualised LGCI growth will be 4.1% during 2007/2008.<br />

If the budgeted cash operating expenditure (ie budgeted operating expenditure less<br />

depreciation and other non-cash items) for 2006/2007 is multiplied by the forecast LGCI the<br />

result is that in real terms it will cost the <strong>Shire</strong> an additional $110,945.22 to operate at the<br />

same level in 2007/2008 as in 2006/2007.<br />

It is recommended that a 4% increase in the average rates per assessment be implemented<br />

for 2007/2008. This increase will provide the <strong>Shire</strong> with an additional $49,333.76 in rates<br />

revenue.<br />

Details <strong>of</strong> the draft proposal <strong>of</strong> rates for 2007/2008, including a 4% rate increase, are as<br />

follows -<br />

Rates Category Minimum Rates Rate in the Dollar<br />

($) (¢)<br />

Gross Rental Value (GRV) 351.00 8.8554<br />

Unimproved Value (UV) 333.00 15.2459<br />

Unimproved Pastoral 333.00 3.3092<br />

These differential rates result in the rates model below -<br />

Non Minimum Rates<br />

Land<br />

Category<br />

Rate<br />

in the<br />

Dollar<br />

Number<br />

Of<br />

Properties<br />

Percentage<br />

<strong>of</strong><br />

Properties<br />

in Category<br />

Rates<br />

Levied<br />

Average<br />

Rates per<br />

Assessment<br />

Percentage<br />

Increase in<br />

Average per<br />

Assessment<br />

GRV 8.8554 ¢ 428 76 % $437,053.97 $1,021.15 4%<br />

UV 15.2459 ¢ 33 92 % $238,514.09 $7,227.70 4%<br />

UV<br />

Pastoral<br />

3.3064 ¢ 13 100 % $18,516.00 $1,424.36 4%<br />

Minimum Rates<br />

Land Category<br />

Total 474 $694,084.76<br />

Minimum<br />

Number <strong>of</strong><br />

Properties<br />

Percentage<br />

<strong>of</strong> Properties<br />

in Category<br />

Rates Levied<br />

GRV $351.00 138 24% $48,438<br />

UV $333.00 3 8% $999<br />

Total 141 $49,437<br />

Total rates levied on 615 properties will be $743,521.76.<br />

Legal Implications<br />

Sub Division 2 <strong>of</strong> Division 6 under Part 6 <strong>of</strong> the Local Government Act 1995. Section 1.7 <strong>of</strong><br />

the Local Government Act 1995. Section 6.37 (2) (a) & (b) and Section 6.36 (5) (b) <strong>of</strong> the<br />

Local Government Act 1995.<br />

Policy Implications<br />

Nil


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 89<br />

Financial Implications<br />

Ensuring that rate revenue remains at a level where the <strong>Shire</strong> can maintain its present level<br />

<strong>of</strong> service to ratepayers.<br />

Strategic Implications<br />

Rates revenue makes up approximately 15% <strong>of</strong> the <strong>Shire</strong>’s total revenue and as such has<br />

an impact on the <strong>Shire</strong>’s strategic planning.<br />

Recommendation<br />

That Council -<br />

1 Advertise in The West Australian the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s Notice <strong>of</strong> Intention to<br />

Levy the following Differential Rates in accordance with Section 6.36 <strong>of</strong> the<br />

Local Government Act 1995.<br />

Rates Category Minimum Rates Rate in the Dollar<br />

($) (¢)<br />

Gross Rental Value (GRV) 351.00 8.8554<br />

Unimproved Value (UV) 333.00 15.2459<br />

Unimproved Pastoral 333.00 3.3092<br />

2 If no submissions are received after the expiration <strong>of</strong> the 21 days required for<br />

the public to make submissions on the above advertisement, Council seek<br />

Ministerial approval for differential rating in accordance with Section 6.23 <strong>of</strong> the<br />

Local Government Act 1995.<br />

Voting Requirements<br />

Absolute Majority Required.<br />

Date <strong>of</strong> Report 21 May 2007<br />

Moved Cr Cane<br />

Seconded Cr Crawford<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

18.6 FEES AND CHARGES 2007/08 FE 102 PE 101<br />

Author<br />

Finance and Administration Manager<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil<br />

Background<br />

In accordance with Section 6.16 <strong>of</strong> the Local Government 1995, a Local Government may<br />

impose and recover a fee or charge for any goods or service it provides or proposes to<br />

provide, other than a service for which a service charge is imposed. Fees and charges are<br />

to be imposed (generally) when adopting the annual budget and must be resolved by an<br />

absolute majority.<br />

In determining the amount <strong>of</strong> a fee or charge for a service or for goods a Local Government<br />

is required to take into account the following factors (Section 6.17) -<br />

(a)<br />

(b)<br />

(c)<br />

the cost to the Local Government <strong>of</strong> providing the service or goods;<br />

the importance <strong>of</strong> the service or goods to the community; and<br />

the price at which the service or goods could be provided by an alternative provider.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 90<br />

Fees and charges can be imposed or amended during the year but only by an absolute<br />

majority decision <strong>of</strong> Council and after public notice is given.<br />

Comment<br />

A general across the board increase has been made to <strong>Shire</strong> Fees and Charges <strong>of</strong> 4%.<br />

The Sanitation charges for Domestic Rubbish Removal and Commercial Tip Levy will be<br />

reviewed and presented to Council once full expense cost <strong>of</strong> service has been ascertained.<br />

A full schedule <strong>of</strong> the proposed fees and charges is attached.<br />

Legal Implications<br />

Section 6.16 <strong>of</strong> the Local Government Act 1995 enables a Local Government to impose and<br />

recover a fee or charge for any goods or service it provides or proposes to provide.<br />

Section 6.19 <strong>of</strong> the Local Government Act 1995 required public notice if fees and charged<br />

adopted after budget.<br />

Policy Implications<br />

Division 6 - Finance - Section 8 - Budget deliberations process.<br />

Financial Implications<br />

The fees and charges have been reviewed by the management team to ensure that revenue<br />

is maintained at the required level to meet service needs.<br />

Strategic Implications<br />

The level <strong>of</strong> fees and charges has been set in accordance with the principle <strong>of</strong> price<br />

elasticity <strong>of</strong> demand. That is, the fees and charges are relatively low to ensure that there is<br />

no price ‘disincentive’ for people to use <strong>Shire</strong> facilities.<br />

Recommendation<br />

That Council adopt and incorporate the following Schedule <strong>of</strong> Fees and Charges<br />

effective from 1 July 2007 in the 2007/08 budget document -<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

GENERAL PURPOSE INCOME<br />

Ex Gratia Rates<br />

Rate Book Enquiry (Non Ratepayer) 35.00 36.40 N Per Enquiry 103765<br />

Rate Instalment Fee 6.00 6.25 N Per Instalment 103767<br />

Rate Payment Arrangement Fee 17.60 18.30 N Per Arrangement 103768<br />

Other Income<br />

Scanning - Printing<br />

Black and White 7.20 7.50 Y Per Picture 403779<br />

Colour 11.55 12.00 Y Per Picture<br />

Scanning - Copying to Disk<br />

Disk Supplied by Requestor 7.20 7.50 Y Per Picture<br />

Disk Supplied by <strong>Shire</strong> 9.90 10.30 Y Per Picture<br />

Printing<br />

Black and White - Plain Paper 1.75 1.80 Y Per Sheet<br />

Colour - Plain Paper 4.40 4.60 Y Per Sheet<br />

Colour - Photo Quality Paper 7.20 7.50 Y Per Sheet<br />

Photocopying<br />

A4 Sheet - Colour 4.10 4.25 Y Per Sheet<br />

A4 Sheet - 1-99 copies<br />

- Single sided .55 .60 Y Per Sheet 403755<br />

- Double sided .75 .80 Y Per Sheet<br />

A4 Sheet - 100-199 copies<br />

- Single sided .50 .55 Y Per Sheet<br />

- Double sided .70 .75 Y Per Sheet<br />

A4 Sheet - 200 plus copies<br />

- Single sided .45 .50 Y Per Sheet<br />

- Double sided .65 .70 Y Per Sheet<br />

A3 Sheet - Colour 4.80 5.20 Y Per Sheet<br />

A3 Sheet - 1-99 copies


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 91<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

- Single sided .80 .85 Y Per Sheet<br />

- Double sided 1.05 1.10 Y Per Sheet<br />

A3 Sheet - 100-199 copies<br />

- Single sided .65 .70 Y Per Sheet<br />

- Double sided .85 .90 Y Per Sheet<br />

A3 Sheet - 200 plus copies<br />

- Single sided .55 .60 Y Per Sheet<br />

- Double sided .75 .80 Y Per Sheet<br />

St Andrews Church circular (A4)<br />

- Single sided .50 .55 Y Per Sheet<br />

- Double sided .60 .65 Y Per Sheet<br />

- Please note scanning and photocopying services<br />

are only available through the <strong>Shire</strong>’s financial<br />

assistance and donations program.<br />

GOVERNANCE<br />

Members <strong>of</strong> Council<br />

Agendas and Minutes<br />

Battye Library, Twin City Denham No Charge No Charge Y<br />

UK<br />

All others (where postage<br />

38.00 39.50 Y Per Annum 5203713<br />

applicable)<br />

Sale <strong>of</strong> Electoral Rolls 21.00 21.85 Y Per Copy 5203721<br />

Rate Book 21.00 21.85 Y Per Copy 103765<br />

Freedom <strong>of</strong> Information Fees Per Application 5203727<br />

Application fee for other application 30.00 30.00 N<br />

(non personal)<br />

Charge for time taken by staff<br />

dealing with the application (per<br />

hour or pro rata for a part <strong>of</strong> an<br />

hour)<br />

30.00 30.00 N Per Hour<br />

Charge for access time supervised<br />

by staff.<br />

Plus actual additional cost to the<br />

agency <strong>of</strong> any special<br />

arrangements<br />

Charge for photocopying - per hour<br />

or pro rata for a part <strong>of</strong> an hour <strong>of</strong><br />

staff time<br />

Charge for time taken by staff<br />

transcribing information from a tape<br />

or other device (per hour or pro rata<br />

for part <strong>of</strong> an hour)<br />

Charge for duplicating tape, film or<br />

computer information<br />

Charge for delivery, packaging and<br />

postage<br />

30.00<br />

Actual<br />

Cost<br />

30.00+<br />

.20c/copy<br />

30.00 N<br />

30.00 +<br />

.20c/copy<br />

N<br />

N<br />

Per Hour<br />

Per Sheet<br />

30.00 30.00 N Per Hour<br />

Actual<br />

Cost<br />

Actual<br />

Cost<br />

Actual Cost<br />

Actual Cost<br />

LAW, ORDER AND PUBLIC SAFETY<br />

Animal Control<br />

Dogs - as prescribed by Regulations<br />

Registration Fees (3 Years)*<br />

Unsterilised Dog 75.00 75.00 N Per 3 Year 10203858<br />

Sterilised Dog 18.00 18.00 N Per 3 Year<br />

Unsterilised Working Farm Dog - 18.75 18.75 N Per 3 Year<br />

25%<br />

Sterilised Working Farm Dog - 25% 4.50 4.50 N Per 3 Year<br />

Registration Fees (1 Year)*<br />

Unsterilised Dog 30.00 30.00 N Per Annum<br />

Sterilised Dog 10.00 10.00 N Per Annum<br />

Unsterilised Working Farm Dog - 7.50 7.50 N Per Annum<br />

25%<br />

Sterilised Working Farm Dog - 25% 2.50 2.50 N Per Annum<br />

Guide Dog 0.00 0.00 N Per Annum<br />

*NB - Pensioners' half fee.<br />

Sterilisation papers must be<br />

produced to claim discount<br />

Infringement Notices -<br />

as prescribed by Regulations<br />

Other - Impounding Fees 40.00 40.00 N Per Infringement 10203810<br />

- Sustenance Fees Actual<br />

Cost<br />

11.00 Y Per Day 10203719<br />

N<br />

N


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 92<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

Animal Handling Equipment<br />

- Small Nylon Dog Muzzle 18.00 18.00 Y 10203701<br />

- Medium Nylon Dog Muzzle 20.00 20.00 Y<br />

- Large Nylon Dog Muzzle 22.00 22.00 Y<br />

- Dangerous Dog Collars 29.00 29.00 Y<br />

- Dangerous Dog Sign (Metal) 42.00 42.00 Y<br />

- Dangerous Dog Sign (Paper) 7.50 7.50 Y<br />

Other Law, Order and Public Safety<br />

Impounding Fees - Vehicles<br />

Administration Fee 100.00 110.00 Y Per Infringement 10303820<br />

Daily Fee 10.00 11.00 Y Per Day<br />

Towing Charge N/A Actual Cost Y<br />

Impounding Fees - Illegal Signs<br />

Administration Fee 30.00 33.00 Y Per Infringement 10303823<br />

Parking Infringement Notices -<br />

as prescribed by Regulations<br />

HEALTH<br />

Health Services<br />

Offensive Trade Licence - Fish<br />

231.00 231.00 N Per Financial Yr 15103875<br />

Processing<br />

Septic Tank Application Fees 100.00 92.00 N Per Application 15103884<br />

Local Government Report Fee N/A N Per Report 15103884<br />

Inspection Fee<br />

- For 1 or 2 major fixtures N/A Y Per Inspection 15103784<br />

- Each additional major fixture N/A Y Per Inspection<br />

Re-inspection Fee N/A Y Per Inspection<br />

Issue <strong>of</strong> Permit to Use Septic Tank 100.00 92.00 Y Per Permit<br />

Apparatus<br />

Copy <strong>of</strong> Septic Tank Plans 25.00 25.00 Y Per Copy <strong>of</strong> Plan<br />

Collection, Disposal and Removal <strong>of</strong> 200.00 200.00 N Per Annum 15103884<br />

Sewerage<br />

Itinerant Food Vendors<br />

- Licence 50.00 50.00 N Per Annum 15103870<br />

- Application 30.00 30.00 N Per Application<br />

Public Building Permit (Meeting Place) 100.00 100.00 N Per Application<br />

Section 39 Liquor Act Certification Local<br />

Authority<br />

100.00 100.00 N Per Application 30303867<br />

HOUSING<br />

Pensioner Units<br />

(tied to HomesWest rental rates)<br />

Rental - Single 176.00 183.00 N Per Fortnight Various<br />

Rental - Double 273.00 284.00 N Per Fortnight<br />

COMMUNITY AMENITIES<br />

Town Planning<br />

Home Occupation Licence<br />

Application Fee 150.00 150.00 N Per Application 30303865<br />

Annual Renewal Fee 50.00 50.00 N Per Financial Yr<br />

Section 40 Certificate for Liquor<br />

100.00 50.00 N Per Application 30303866<br />

Licensing<br />

Issue <strong>of</strong> written planning advice 50.00 50.00 N Per Advice 30303759<br />

Reply to Property Settlement<br />

100.00 50.00 N Per Advice 30303761<br />

Questionnaire (Orders &<br />

Requisitions)<br />

Development Application Approval 30303716<br />

Change <strong>of</strong> use where no building 200.00 200.00 N<br />

work is proposed<br />

Determination <strong>of</strong> Development<br />

Application (other than for an<br />

extractive industry) where the<br />

estimated cost <strong>of</strong> the<br />

development is -<br />

- Value <strong>of</strong> Project not more 100.00 100.00 N Of Project Value<br />

than $50,000<br />

- Value <strong>of</strong> Project $50,000<br />

but no more than $500,000<br />

.23% 0.23% N Of Project Value


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 93<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

- Value <strong>of</strong> Project $500,000<br />

but not more than<br />

$2,500,000<br />

- Value <strong>of</strong> Project<br />

$2,500,000 but not more<br />

than $5,000,000<br />

- Value <strong>of</strong> Project<br />

$5,000,000 but not more<br />

than $21,500,000<br />

1,150.00<br />

+ 0.18%<br />

for every<br />

$1 in<br />

excess <strong>of</strong><br />

$500,000<br />

4,750.00<br />

+ 0.15%<br />

for every<br />

$1 in<br />

excess <strong>of</strong><br />

$2,500,000<br />

8,500.00<br />

+ 0.10%<br />

for every<br />

$1 in<br />

excess <strong>of</strong><br />

$5,000,000<br />

1,150.00<br />

+ 0.18% for<br />

every $1 in<br />

excess <strong>of</strong><br />

$500,000<br />

4,750.00<br />

+ 0.15% for<br />

every $1 in<br />

excess <strong>of</strong><br />

$2,500,000<br />

8,500.00<br />

+ 0.10% for<br />

every $1 in<br />

excess <strong>of</strong><br />

$5,000,000<br />

N<br />

N<br />

N<br />

Of Project Value<br />

Of Project Value<br />

Of Project Value<br />

- Value <strong>of</strong> Project more than 25,000.00 25,000.00 N<br />

$21,500,000<br />

Determination <strong>of</strong> Development 500.00 500.00 N<br />

Application for an Extractive<br />

Industry<br />

Zoning Certificate 50.00 50.00 N Per Application<br />

Subdivision Clearance<br />

- Not more than 5 Lots 50.00 50.00 N<br />

- More than 5 Lots but not<br />

more than 195 Lots<br />

50.00<br />

per Lot for<br />

first 5 Lots<br />

then $25<br />

per Lot<br />

50.00<br />

per Lot for<br />

first 5 Lots<br />

then $25 per<br />

Lot<br />

- More than 195 Lots 5,000.00 5,000.00 N<br />

Reconsideration <strong>of</strong> previous<br />

application or amendment to a<br />

previous approval in response<br />

to a request received within 60<br />

days <strong>of</strong> receipt <strong>of</strong> Council’s<br />

original decision<br />

50% 50% N Of Original Fee<br />

Residential buildings <strong>of</strong> 2 or more<br />

dwelling units<br />

- rate to be charged on value<br />

<strong>of</strong> development<br />

Advertising Charges for SA & AA<br />

uses<br />

- advertisement cost plus 15%<br />

administration fee<br />

N<br />

.05% 0.05% N<br />

Scheme Amendments and Rezonings 30303781<br />

See Scheme Amendments Fee<br />

N<br />

Structure at end <strong>of</strong> Fees and<br />

Charges<br />

Refund % fee paid if unsuccessful 40% 40%<br />

prior to advertising period<br />

Structure Plans/Developments 30303791<br />

See Scheme Amendments Fee<br />

N<br />

Structure at end <strong>of</strong> Fees and<br />

Charges<br />

Y<br />

Cemetery<br />

"Right <strong>of</strong> Burial"<br />

Application Fee 30.00 30.00 Y 30403706<br />

Sinking Fees – Adult 330.00 330.00 Y<br />

Sinking Fees – Adult<br />

500.00 500.00 Y<br />

(Weekend/Public Holidays)<br />

Niche Wall Internments – First 33.00 33.00 Y<br />

– Second 33.00 33.00 Y<br />

– Reservation 22.00 22.00 Y<br />

“Cast Bronze Plaques and Engraving”<br />

Backing Plaque (270 mm x 230 mm) 465.00 465.00 Y<br />

First Plaque (210 mm x 80 mm) 305.00 305.00 Y<br />

Second Plaque (210 mm x 80 mm) 305.00 305.00 Y<br />

Memorial Plaque (270 mm x 230 495.00 495.00 Y<br />

mm)<br />

Additional Four Lines <strong>of</strong> Engraving 37.00 37.00 Y


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 94<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

Application for Mausoleum 58.00 58.00 Y<br />

Funeral Director's Licence 75.00 75.00 N 30403860<br />

Single Funeral Permit 50.00 50.00 N<br />

Application for Monumental Mason's 50.00 50.00 N<br />

Licence<br />

Application for placement <strong>of</strong><br />

Monumental Plaques along<br />

Cemetery fence<br />

30.00 30.00 Y<br />

Sanitation<br />

Rubbish Bins - 240 litre At Cost 93.50 Y Per Bin 30203775<br />

Parts for Bins – Wheels & Axles; Lids & At Cost At Cost<br />

Lid Pins<br />

Refuse removal<br />

120 or 240 litre Rubbish Bins<br />

235.00 To be N Per Annum 30103769<br />

collected Twice Weekly<br />

determined<br />

Rubbish Tip Levy Commercial<br />

To be<br />

determined<br />

Commercial Establishments 6.05 To be N Per Cubic Metre 30203710<br />

determined<br />

Restaurant /Cafe 679.00 To be Per<br />

30203710<br />

determined Restaurant/Cafe<br />

Holiday Unit/Unit 68.00 To be Unit 30203710<br />

determined<br />

Licensed Premises 1997.00 To be Premises 30203710<br />

determined<br />

Supermarkets 907.00 To be Supermarket 30203710<br />

determined<br />

Service Stations 1814.00 To be Service Station 30203710<br />

determined<br />

Caravan and Camp Sites 34.00 To be Site 30203710<br />

determined<br />

Public Tourist Area 1132.00 To be Area 30203710<br />

determined<br />

Other Shops and Offices 235.00 To be Shop or Office 30203710<br />

determined<br />

Commercial Businesses 235.00 To be Business 30203710<br />

determined<br />

Caretakers Residence 235.00 To be Caretaker 30203710<br />

determined Residence<br />

Asbestos Disposal<br />

Burial <strong>of</strong> Asbestos 100.00 100.00 Y<br />

+ 15.00 + 15.00 Y Per Cubic Metre<br />

RECREATION AND CULTURE<br />

Public Halls and Civic Centres<br />

Denham Hall Hire<br />

Functions/Meetings Community<br />

Groups<br />

- Over 3 hours 110.00 140.00 Y Per Function 35103910<br />

- Less than or Equal to 3 hours 15.00 16.00 Y Per Hour<br />

Functions/Meetings Private<br />

- Over 3 hours 220.00 230.00 Y Per Function<br />

- Less than or Equal to 3 hours 30.00 31.00 Y Per Hour<br />

Cleaning Deposit 200.00 208.00 Y Per Function<br />

Surcharge for Additional Cleaning At Cost At Cost Y Per Function<br />

Long Term Seasonal Users –<br />

Community Groups<br />

- Once a Week User 330.00 345.00 Y Annual Charge<br />

- Twice or More a Week User 660.00 685.00 Y Annual Charge<br />

Table Hire 2.00 2.10 Y Per Unit Per Day 35103795<br />

Chair Hire 1.00 1.05 Y Per Unit Per Day<br />

Crockery 13.00 13.50 Y Per Day<br />

Urn 5.00 5.20 Y Per Day<br />

Whiteboard 12.00 12.50 Y Per Day<br />

PA System 30.00 31.00 Y Per Unit Per Day<br />

Multi Media Equipment Hire 6.00 6.25 N Per Week (Trust) 73206672<br />

Overlander Hall Equipment Hire<br />

Functions as per Denham Hall Per Function 35103938


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 95<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

Mini Golf Centre<br />

Yadgalah Club responsible for all 110.00 114.00 Y Per Annum 35103955<br />

maintenance and operating<br />

costs <strong>of</strong> the building and<br />

surrounds<br />

DSA Shed<br />

Yadgalah Club responsible for all<br />

Y Per Annum 35103955<br />

maintenance and operating<br />

costs <strong>of</strong> the building and<br />

surrounds<br />

Overlander Hall Hire<br />

Town & Country Club 110.00 114.00 Y Per Annum 35103955<br />

Community Centre<br />

Child Care Programs 33.00 34.00 Y Per Month 35103906<br />

Denham Crafters 29.70 31.00 Y Per Month<br />

Other Recreation and Sport<br />

Tennis Courts<br />

Court Hire<br />

- Tennis Club 110.00 114.00 Y Per Annum 35303916<br />

- Individuals 2.50 2.60 Y Per Session<br />

Tennis Equipment<br />

Hire <strong>of</strong> Community Bus<br />

.85 .90 Y Per Kilometre 35303736<br />

(Fuel costs met by <strong>Shire</strong>)<br />

- Bus Bond 300.00 310.00 Y Per Annum/Hire 73206678<br />

Hire <strong>of</strong> Shade Shelters 42.00 43.70 Y Per Day 35303737<br />

- Waived for local non pr<strong>of</strong>it groups<br />

- Waived for <strong>Shire</strong> run events<br />

- Deposit (Non Residents) 110.00 114.00 N Trust 73206674<br />

Hire <strong>of</strong> Marquee<br />

- Community Groups 115.00 120.00 Y Per Event 35303738<br />

- Individuals 550.00 572.00 Y Per Event<br />

- Council Staff to Erect/Dismantle At Cost At Cost Y Per Event<br />

- Deposit - All Hirers 575.00 598.00 N Trust<br />

Denham Oval Hire 35303913<br />

Exclusive use charge (Clubs) 42.00 43.70 Y Per Day<br />

Exclusive use charge (Carnivals) 368.00 382.00 Y Per Event<br />

Camping (caravan parks' overflow)<br />

Unpowered Tent (up to 2<br />

persons)<br />

11.55 12.00 Y Per Day<br />

Caravan (up to 2 persons) 14.00 14.60 Y Per Day<br />

Additional persons (per person) 1.25 1.30 Y Per Day<br />

Gymnasium Membership<br />

Adult 35.00 37.00 Y Per Year<br />

Aged Pensioner 15.00 16.00 Y Per Year<br />

Student (12 to 17) 20.00 21.00 Y Per Year<br />

Family 60.00 63.00 Y Per Year<br />

Library<br />

Online Public Access<br />

Internet/Email Access N/A N/A Y Per Five Minutes 35503741<br />

Printing in Black and White N/A N/A Y Per A4 page 35503741<br />

Library Card Replacement Fee 3.50 3.65 Y Per Replacement 35503705<br />

Library Book Withdrawal Deposit<br />

- Travellers 30.00 31.20 N Per Withdrawal 35503742<br />

Library Book Damage/Replacement Fee<br />

- As Per LISWA Catalogue At Cost At Cost Y Per Item 35503813<br />

Library Bag 1.10 1.15 Y Per Bag<br />

Inscription Post<br />

Inscription Post Mail List 38.00 38.00 Y Per Annum 35903763<br />

Inscription Post Advertising 35903740<br />

Eighth Page Advertisement 15.75 16.40 Y Per Issue<br />

Quarter Page Advertisement 26.25 27.30 Y Per Issue<br />

Half Page Advertisement 40.00 41.60 Y Per Issue<br />

Full Page Advertisement 65.00 67.60 Y Per Issue<br />

Subsequent Full Page Advert 52.50 54.60 Y Per Issue<br />

Graphics 13.65 14.20 Y Per Ad Per Issue<br />

Casual loading 20% 20% Y Per Ad Per Issue<br />

Discount <strong>of</strong> 1 month cost applies to<br />

12 month advertising paid in<br />

advance


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 96<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

World Heritage Discovery Centre<br />

Entrance Fee Adult 10.00 10.00 Y Per Entry 36003722<br />

Entrance Fee Children 6.00 6.00 Y Per Entry<br />

Entrance Fee Concession Holder 8.00 8.00 Y Per Entry<br />

Entrance Fee Group Bookings 8.00 8.00 Y Per Entry<br />

Entrance Fee Educational Bookings 5.25 5.25 Y Per Entry<br />

Entrance Fee Family (2 Adults & @<br />

28.00 28.00 Y Per Entry<br />

Children)<br />

Entrance Fee Locals (Refer Council<br />

Free Free<br />

Policy for Eligibility<br />

Books & Merchandise 36003770<br />

- A Terrestrial Life (Booklet) 9.95 9.95 Y<br />

- A Marine Life (Book) 9.95 9.95 Y<br />

- Historical Landscapes (Book) 9.95 9.95 Y<br />

- WHDC Placemats 9.95 9.95 Y<br />

- Pro Hart computer mat 14.95 14.95 Y<br />

- Pro Hart booklet 14.95 14.95 Y<br />

- Pro Hart greeting cards 3.50 3.50 Y<br />

- Pro Hart notepad 4.95 4.95 Y<br />

- Pro Hart fridge magnet 4.00 4.00 Y<br />

Visitor Centre Fees & Commission<br />

- Corporate Membership N/a 500.00 Y Per Annum<br />

- Accommodation Membership<br />

36 Rooms N/a 396.00 Y Per Annum<br />

1-36 Rooms N/a 290.00 Y Per Annum<br />

Caravan Parks N/a 290.00 Y Per Annum<br />

Back Packers N/a 290.00 Y Per Annum<br />

- Tour Operator, Air Charter, Car/Bus N/a 290.00 Y Per Annum<br />

Hire<br />

- Real Estate N/a 290.00 Y Per Annum<br />

- Holiday Homes (Per property) N/a 290.00 Y Per Annum<br />

- General Business N/a 120.00 Y Per Annum<br />

- Website Listing N/a 120.00 Y Per Annum<br />

- Brochure Display N/a 80.00 Y Per Annum<br />

- Individual & Non-pr<strong>of</strong>it organisations N/a 55.00 Y Per Annum<br />

- Commission rates for members N/a 12% Y Per Booking<br />

- Commission rates for non-members N/a 20% Y Per Booking<br />

Discount for 2007/08 for <strong>Shark</strong> <strong>Bay</strong> N/A 50%<br />

Tourist Association Members<br />

Sale <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> History Books<br />

- Retail Price (S<strong>of</strong>t Cover) 38.50 38.50 Y Per Book<br />

- Wholesale Price (S<strong>of</strong>t Cover) 25.30 25.30 Y Per Book<br />

- Retail Price (Hard Cover) 104.50 104.50 Y Per Book<br />

- Wholesale Price (Hard Cover) 68.00 68.00 Y Per Book<br />

Sale <strong>of</strong> Other Books<br />

- <strong>Shark</strong> <strong>Bay</strong> Days 11.00 11.00 Y Per Book<br />

- The Buccaneer's Bell 45.00 45.00 Y Per Book<br />

- Patterns <strong>of</strong> Nature 55.00 55.00 Y Per Book<br />

- Carpet <strong>of</strong> Silver The Wreck <strong>of</strong> the N/A 40.00 Y Per Book<br />

Zuytdorp<br />

- Voyage <strong>of</strong> Discovery to Terra<br />

N/A 35.00 Y Per Book<br />

Australia by Willem de<br />

Vlamingh in 1696-97<br />

Facility Hire<br />

Functions/Meetings Community<br />

Groups<br />

- Over 3 hours 110.00 114.00 Y Per Function<br />

- Less than or Equal to 3 hours 15.00 16.00 Y Per Hour<br />

Functions/Meetings Private<br />

- Over 3 hours 220.00 230.00 Y Per Function<br />

- Less than or Equal to 3 hours 30.00 31.00 Y Per Hour<br />

Cleaning Deposit 200.00 208.00 Y Per Function<br />

Surcharge for Additional Cleaning At Cost At Cost Y Per Function<br />

TRANSPORT<br />

Streets, Roads, Bridges & Depots<br />

Crossover – <strong>Shire</strong> rebate/contribution<br />

- Bitumen construction 8.70 9.05 N Per Square Metre 45101940<br />

- Paving Brick construction 30.45 31.70 N Per Square Metre 45101940<br />

- Concrete construction 30.45 31.70 N Per Square Metre 45101940


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 97<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

Monkey Mia Jetty<br />

Annual Jetty Fee<br />

- Commercial tourism boat operators 85.00 88.50 Y Per Metre <strong>of</strong> 45403708<br />

Vessel Length<br />

- Commercial fishing boats 27.00 28.10 Y Per Metre <strong>of</strong><br />

Vessel Length<br />

- Monthly Payment <strong>of</strong> Annual Fee 15% 15% Y Percentage <strong>of</strong><br />

Annual Fee<br />

- E Class Commercial Operation<br />

License for Wildlife Interaction Tours<br />

within the Red Cliff <strong>Bay</strong> Marine<br />

Mammal Interaction restricted area<br />

zone -<br />

1.10 1.10 Y Per Passenger<br />

Head<br />

- T Class Commercial Operation<br />

License for Wildlife Interaction Tours<br />

1.10 1.10 Y Per Passenger<br />

Head<br />

TRANSPORT<br />

Denham Marina<br />

Slipway Charges<br />

Vessels 45503745<br />

- Under 12 metres in length 85.00 88.50 Y Per Day or part<br />

there<strong>of</strong><br />

- Over 12 metres in length 85.00 88.50 Y Per Day or part<br />

there<strong>of</strong><br />

Haulage Charges<br />

- Haulage only onto slipway/<br />

ramp for exclusive purpose<br />

<strong>of</strong> Transport Marine Safety<br />

Survey (Limited Period)<br />

165.00<br />

235.00<br />

172.00<br />

245.00<br />

Y Per Vessel<br />

weekdays<br />

Per Vessel<br />

Weekends/public<br />

holidays<br />

165.00 172.00 Y Per Vessel<br />

- Haulage all other Vessels<br />

(includes haul up and down)<br />

- Jinker Modifications N/A Cost + 30% Y Per Vessel<br />

Power<br />

6.50 6.80 Y<br />

Water<br />

4.00<br />

4.20<br />

At Cost with a<br />

Minimum Daily<br />

Fee <strong>of</strong><br />

Per Day or part<br />

there<strong>of</strong><br />

45503747<br />

45503747<br />

Electric Power Charges<br />

6.50 6.80 Per Day or part 45503747<br />

(Three Phase at Jetty)<br />

there<strong>of</strong><br />

- (Includes Vessels and Freezer<br />

Trucks)<br />

6.50 6.80 Per Day or part<br />

there<strong>of</strong><br />

Pen and Berthing Fees 45503753<br />

Annual Pen Fee (Includes Service<br />

Jetty Fee)<br />

116.00 121.00 Y Per Metre <strong>of</strong><br />

Vessel Length<br />

- Monthly Payment <strong>of</strong> Annual<br />

Fee<br />

15% 15% Y Percentage <strong>of</strong><br />

Annual Fee<br />

- Monthly Pen Fee 25% 25% Y Percentage <strong>of</strong><br />

Annual Fee<br />

Annual Fee for use <strong>of</strong> Service Jetty 39.00 41.00 Y Per Metre <strong>of</strong> 45503753<br />

for Loading and Unloading<br />

Vessel Length<br />

Daily Casual Berthing Fee (per day 4.50 5.00 Y Per Metre <strong>of</strong> 45503753<br />

or part there<strong>of</strong>)<br />

Vessel Length<br />

Daily Breakdown Jetty Fee (non<br />

N/A 110.00 Y Per Vessel<br />

Annual Fee users)<br />

Service Jetty Hardstand 45503786<br />

On Slipway in front <strong>of</strong> Winch House 25.50 26.50 Y Per Day or part<br />

there<strong>of</strong><br />

Between Toilet Block and Winch<br />

House and East <strong>of</strong> Fuel<br />

Storage Tank and West <strong>of</strong><br />

Service Jetty<br />

Power Charge (Single Phase)<br />

(Included in Annual/Casual<br />

Berthage Fees)<br />

12.50 13.00 Y Per Day or part<br />

there<strong>of</strong><br />

6.50 6.80 Y Per Day or part<br />

there<strong>of</strong><br />

Water Charge 4.00 4.20 Y At Cost with a<br />

Minimum Daily<br />

Fee <strong>of</strong><br />

45503747<br />

45503747<br />

Fuel Wharfage Charge 0.022 0.022 Y Per Litre 45503730


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 98<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

ECONOMIC SERVICES<br />

Tourism and Area Promotion<br />

Monkey Mia Caravan Park - as per<br />

Y Per Annum 50203903<br />

Lease<br />

Caravan Parks - as per Act and<br />

Regulations<br />

Caravan Park Registration 6.00 6.00 N Per Site Per 50203855<br />

Financial Year<br />

Overflow sites 1.50 1.50 N Per Site Per<br />

Financial Year<br />

Minimum 200.00 200.00 N Per Financial Yr<br />

Licence Transfer Fee 100.00 100.00 N Per Application<br />

Lodging House Licence - as per Local 70.00 70.00 N Per Annum 50203863<br />

Laws (under 15)<br />

Lodging House Licence - as per Local 140.00 140.00 N Per Annum 50203863<br />

Laws (over 15)<br />

Bed and Breakfast Accommodation 50203863<br />

Registration 150.00 150.00 N Per Application<br />

Annual Renewal 100.00 100.00 N Per Annum<br />

Lease Reserve 30716 110.00 110.00 Y Per Annum 50203923<br />

Building Services<br />

Records<br />

Search Fees/Property Enquiries 12.00 12.00 Y Per Property 50303703<br />

Confirmation <strong>of</strong> Approved Plans - 30.00 30.00 Y Per Hour<br />

Onsite<br />

Building Plans (supply requires<br />

owners written approval)<br />

A1 size plans N/A N/A Y Per Sheet<br />

A2 size plans N/A N/A Y Per Sheet<br />

A3 size plans 1.20 1.20 Y Per Sheet<br />

Maps - DOLI (Map cost plus 50<br />

Y 50303703<br />

cents)<br />

Surveys (Private Works)<br />

Bench Mark/TBM/Plan, Level<br />

44.00 44.00 Y Per Hour Per 50303703<br />

Checks or similar<br />

Person<br />

(Minimum Fee with Charge Out<br />

66.00 66.00 Y Minimum<br />

Rate $44/hour)<br />

Building Returns Monthly Copies<br />

Non Statutory Authorities (includes 33.00 33.00 Y Per Annum 50303703<br />

postage and copying)<br />

Building Permit Application Fees - as<br />

50303853<br />

per Building Regulations<br />

Class 1 & 10 (Dwellings &<br />

0.35% 0.35% N Minimum $40<br />

Outbuildings)<br />

x 10/11 x 10/11<br />

Class 2 - 9 (All other) 0.20% 0.20% N Minimum $40<br />

x10/11 x10/11<br />

Minimum for above 40.00 40.00 N<br />

Materials on Street 1.00 1.00 N Per Square Metre<br />

Per Month<br />

Demolition License Application Fee 50.00 50.00 N Per Storey 50303853<br />

Kerb damage deposit<br />

Single Unit Dwelling 200.00 200.00 N Trust 73206655<br />

Multi Unit 100.00 100.00 N Per Unit<br />

Commercial/Industrial 200.00 200.00 N<br />

Government Department 0.00 0.00 N<br />

Street Trading License 50.00 20.00 Y Per Day 50303890<br />

Performance Bond to enable the Issue<br />

<strong>of</strong> a Certificate <strong>of</strong> Completion<br />

(Trust A/c)<br />

300.00 300.00 N Per Building<br />

License<br />

Application<br />

Swimming Pool Application Fee –<br />

13.75 13.75 Y Per Year for 50303793<br />

Public\Private Facilities<br />

4 Yrly Inspection<br />

BCITF Levy<br />

Act Fee 0.2% 0.2% N Trust 73206651<br />

Commission 4.40 4.40 Y Per Application 50304410<br />

Signs<br />

Policy Assessable Signs 120.00 120.00 N Per Sign<br />

Impact Assessable Signs 120.00 120.00 N Per Sign


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 99<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

Footpath Signs 120.00<br />

Application<br />

fee &<br />

$50.00 pa<br />

per sign<br />

Mobile Signs 120.00<br />

Application<br />

fee &<br />

$50.00 pa<br />

per sign<br />

120.00<br />

Application<br />

fee & $50.00<br />

pa per sign<br />

120.00<br />

Application<br />

fee & $50.00<br />

pa per sign<br />

N<br />

N<br />

Per Sign<br />

Per Sign<br />

Strata Title Certificate Processing 50303788<br />

Developed Land 50.00 50.00 N Per Lot<br />

Subdivisions 50.00 50.00 N Per Lot<br />

Minimum Fee 100.00 100.00 N Minimum<br />

Building Site Toilet Hire<br />

- Charge 12.60 12.60 Y Per Day 50303704<br />

- Pick up fee 63.00 63.00 Y Per Pick Up<br />

- Per Delivery 63.00 63.00 Y Per Drop Off<br />

Other Economic Services<br />

Shell Royalties<br />

Export Contractor - as per Deed 6.93 7.22 Y Per Cubic Metre 50403985<br />

Local Contractors 1.35 1.40 Y Per Cubic Metre<br />

Brickies Sand Sales 6.00 6.25 Y Per Cubic Metre 50403902<br />

Private Works<br />

Plant Hire (All with Operator during <strong>Shire</strong><br />

Operating Hours only)<br />

John Deere 670D Grader 148.80 153.90 Y Per Hour<br />

Volvo L70E Front End Loader 142.50 148.20 Y Per Hour<br />

Caterpillar IT14G Integrated Tool 119.50 124.30 Y Per Hour<br />

Carrier<br />

Vibrating Roller - Metal 129.60 134.80 Y Per Hour<br />

Multi Tyred Roller - Rubber 129.60 134.80 Y Per Hour<br />

Freightliner FL112 Prime Mover 124.60 134.80 Y Per Hour<br />

plus Accessories<br />

- 20 cubic metre Side Tipper 28.90 30.00 Y Per Hour<br />

- 32,000 litre Water Tanker 37.00 38.50 Y Per Hour<br />

- Float Trailer 84.00 87.40 Y Per Hour<br />

- Dolly 65.50 68.10 Y Per Hour<br />

Mitsubishi Fighter 102.65 106.75 Y Per Hour<br />

Mitsubishi Canter 86.60 90.05 Y Per Hour<br />

Mitsubishi Crew Cab 107.80 112.10 Y Per Hour<br />

Case IHJX95 Tractor<br />

116.20 120.85 Y Per Hour<br />

plus Accessories<br />

- Auger 10.10 10.50 Y Per Hour<br />

- Alroh Slasher - Small 10.10 10.50 Y Per Hour<br />

- Superior Slasher - Large 42.00 43.70 Y Per Hour<br />

- Road Broom 42.00 43.70 Y Per Hour<br />

Hire <strong>of</strong> Mobile Camp N/A 110.00 Y Per Day<br />

Scheme Amendments 30303781<br />

Total fee to be calculated in accordance<br />

with the Town Planning Scheme<br />

Amendments – Fee Calculation Table.<br />

Final fee may be higher than the initial<br />

upfront fee in which case an additional<br />

charge will be involved (including GST).<br />

Costs <strong>of</strong> staff time will be determined<br />

according to the Schedule <strong>of</strong> Charge<br />

Out Rates for Officer (see below).<br />

1,500.00 1,500.00 Y<br />

Subdivision Related Fees<br />

Supervision Fee - % <strong>of</strong> total value <strong>of</strong> all<br />

road and drainage works other than<br />

future lots.<br />

Consulting Engineer and Clerk <strong>of</strong> Works<br />

fully supervises.<br />

Consulting Engineer with no Clerk <strong>of</strong><br />

Works<br />

Early Subdivision Clearance<br />

1.5 % plus<br />

GST<br />

3.0% plus<br />

GST<br />

1.5 % plus<br />

GST<br />

3.0% plus<br />

GST<br />

Y 30303716<br />

Y 30303716


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 100<br />

Actual Budget General<br />

Function Charge Charge Ledger<br />

Program Particulars 2006/07 2007/08 GST Frequency A/c<br />

$ $<br />

Application Fee 550.00 550.00 Y 30303716<br />

Early Subdivision Clearance Fee 1.0% plus 1.0% plus Y 30303716<br />

GST GST<br />

Or Minimum 2,000.00 2,000.00 plus Y 30303716<br />

Early Clearance Default Fee<br />

plus GST<br />

20% value<br />

work not<br />

completed<br />

plus GST<br />

GST<br />

20% value<br />

work not<br />

completed<br />

plus GST<br />

Subdivision Works – Maintenance<br />

Bonds<br />

% <strong>of</strong> total value <strong>of</strong> all works – held for 12<br />

months from practical completion and<br />

until all items are satisfactorily<br />

completed.<br />

$0 - $100,000 5.0% 5.0% Y<br />

$100,000 - $200,000 4.0% 4.0% Y<br />

$200,000 - $400,000 3.5% 3.5% Y<br />

$400,000 - $600,000 3.0% 3.0% Y<br />

Over $600,000 2.5% 2.5% Y<br />

Reinstatement/Private Works<br />

Road Reserves charge for reinstatement<br />

<strong>of</strong> road reserves in the full cost plus<br />

pr<strong>of</strong>it margin.<br />

Private Works charge for reinstatement<br />

<strong>of</strong> road reserves is the full cost pr<strong>of</strong>it<br />

margin.<br />

Outstanding Works Bond determined by<br />

the Chief Executive Officer<br />

Other crossing Place Related Services<br />

Cost plus<br />

30% plus<br />

GST<br />

Cost plus<br />

30% plus<br />

GST<br />

Value plus<br />

20%<br />

Cost plus<br />

30% plus<br />

GST<br />

Cost plus<br />

30% plus<br />

GST<br />

Value plus<br />

20%<br />

Saw cutting and removal <strong>of</strong> kerbing 155.00 161.20 N<br />

Concrete apron for brick paved<br />

52.00 54.10 N<br />

crossovers<br />

Spray seal pothole repairs per square<br />

metre<br />

N<br />

Asphalt pothole repairs per square<br />

metre<br />

41.00<br />

(minimum<br />

charge<br />

$100.00)<br />

52.00<br />

(minimum<br />

charge<br />

$100.00)<br />

42.65<br />

(minimum<br />

charge<br />

$100.00)<br />

54.10<br />

(minimum<br />

charge<br />

$100.00)<br />

Fee Structure - Scheme Amendments*<br />

Y 30303716<br />

Y<br />

Y<br />

Y<br />

N<br />

Task<br />

1 Preliminaries<br />

Preliminary discussions and<br />

application registration<br />

2 Decision to initiate<br />

(a) Information and site visit<br />

(b) Applicant discussion<br />

(c) (DCU) Development<br />

Control Unit meeting<br />

(d) Action DCU<br />

recommendation<br />

(e) Assessment report and<br />

agenda preparation MINOR<br />

MAJOR<br />

3 Approval to advertise<br />

(a) Action local government<br />

recommendation<br />

(b) Refer to WAPC for<br />

approval<br />

Director/ City/<br />

<strong>Shire</strong> Planner<br />

($130/hour<br />

plus GST<br />

$143/hour)<br />

Manager/<br />

Senior Planner<br />

($99/hour<br />

plus GST<br />

$108.90/hour)<br />

Estimated costs<br />

Planning<br />

Office<br />

($77/hour<br />

plus GST<br />

$84.70/hour)<br />

Other staff eg Secretary/<br />

Environmental Administrative<br />

Health Officer Clerk<br />

($109/hour ($35/hour<br />

plus GST plus GST<br />

$119.90/hour) $38.50/hour)


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 101<br />

Task<br />

(c) Advertising, notifications,<br />

referrals<br />

(d) Deal with enquiries<br />

(e) Assess submissions<br />

(f) Liaise with external<br />

agencies<br />

(g) Applicant discussion and<br />

liaison<br />

4 Decision to adopt<br />

(a) Finalise amendment/plan,<br />

report and agenda<br />

preparation<br />

(b) Applicant discussion<br />

(c) Action local government<br />

recommendation<br />

5 Amendment/ plan approved<br />

(a) Report on Minister’s<br />

approval<br />

(b) Notify submissions<br />

(c) Update text and maps<br />

HOURS<br />

COST<br />

+33.3% (To recover operating<br />

overhead costs)<br />

Total salary costs<br />

+ Direct costs<br />

+ Special costs<br />

+ Scheme map and text<br />

preparation<br />

TOTAL PAYABLE<br />

Director/ City/<br />

<strong>Shire</strong> Planner<br />

($130/hour<br />

plus GST<br />

$143/hour)<br />

Manager/<br />

Senior Planner<br />

($99/hour<br />

plus GST<br />

$108.90/hour)<br />

Estimated costs<br />

Planning<br />

Office<br />

($77/hour<br />

plus GST<br />

$84.70/hour)<br />

Other staff eg Secretary/<br />

Environmental Administrative<br />

Health Officer Clerk<br />

($109/hour ($35/hour<br />

plus GST plus GST<br />

$119.90/hour) $38.50/hour)<br />

• Where readvertising <strong>of</strong> substantial modifications is required, the fee is to be calculated in accordance with<br />

items 3,4 and 5 <strong>of</strong> the Table for the staff time used in arranging the readvertising and reviewing the<br />

submissions and the direct costs incurred in readvertising the amendment.<br />

Fee Structure - Structure Plans **<br />

Task<br />

1 Preliminaries<br />

Preliminary discussions and<br />

registration<br />

2 Decision to advertise<br />

(a) Information and site visit<br />

(b) Proponent discussion<br />

(c) (DCU) Development<br />

Control Unit meeting<br />

(d) Action DCU<br />

recommendation<br />

(e) Assessment report and<br />

agenda preparation<br />

3 Approval to advertise<br />

(a) Action local government<br />

recommendation<br />

(b) Advertising, notifications,<br />

referrals l<br />

(c) Assess submissions<br />

Director/ City/<br />

<strong>Shire</strong> Planner<br />

($130/hour<br />

plus GST<br />

$143/hour)<br />

Manager/<br />

Senior Planner<br />

($99/hour<br />

plus GST<br />

$108.90/hour)<br />

Estimated costs<br />

Planning<br />

Office<br />

($77/hour<br />

plus GST<br />

$84.70/hour)<br />

Other staff eg Secretary/<br />

Environmental Administrative<br />

Health Officer Clerk<br />

($109/hour ($35/hour<br />

plus GST plus GST<br />

$119.90/hour) $38.50/hour)


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 102<br />

Task<br />

(d) Deal with enquiries<br />

(e) Liaise with external<br />

agencies<br />

(f) Proponent discussion and<br />

liaison<br />

4 Decision to adopt<br />

(a) Finalise report and agenda<br />

preparation<br />

(b) Proponent discussion<br />

(c) Action local government<br />

recommendation<br />

(d) Refer to WA Planning<br />

Commission for approval<br />

5 Plan Adopted<br />

(a) Report on Commission<br />

approval<br />

(b) Notify proponent/others<br />

(c) Update text and maps<br />

HOURS<br />

COST<br />

+33.3% (To recover operating<br />

overhead costs)<br />

+ Direct costs<br />

+ Special costs<br />

TOTAL PAYABLE<br />

Director/ City/<br />

<strong>Shire</strong> Planner<br />

($130/hour<br />

plus GST<br />

$143/hour)<br />

Manager/<br />

Senior Planner<br />

($99/hour<br />

plus GST<br />

$108.90/hour)<br />

Estimated costs<br />

Planning<br />

Office<br />

($77/hour<br />

plus GST<br />

$84.70/hour)<br />

Other staff eg Secretary/<br />

Environmental Administrative<br />

Health Officer Clerk<br />

($109/hour ($35/hour<br />

plus GST plus GST<br />

$119.90/hour) $38.50/hour)<br />

** This Table is based on the Western Australian Planning Commission’s draft model text provisions for structure<br />

plans. Where the structure plan provisions in a town planning scheme <strong>of</strong> a local government are not<br />

consistent with the draft model text provisions, the fees should be calculated by that local government in<br />

accordance with the structure plan provisions <strong>of</strong> the scheme.<br />

Where readvertising <strong>of</strong> a proposed structure plan is required, the fee is to be calculated in accordance with<br />

items 3,4 and 5 <strong>of</strong> the Table for the staff time used in arranging the readvertising and reviewing the<br />

submissions and the direct costs incurred in readvertising the structure plan.<br />

Voting Requirements<br />

Absolute Majority Required.<br />

Date <strong>of</strong> Report 22 May 2007<br />

Moved Cr Hoult<br />

Seconded Cr Blennerhassett<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

19.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN<br />

Nil.<br />

20.0 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN<br />

Nil.<br />

21.0 INFORMAL DISCUSSION<br />

21.1 GUNSON RESOURCES LTD - HEAVY TRAFFIC


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 103<br />

21.2 DRAFT PLAN FOR THE FUTURE<br />

21.3 STELLA ROWLEY DRIVE SUBDIVISION STREET NAMES<br />

21.4 DAMPIER TO BUNBURY NATURAL GAS PIPELINE COMMITTEE<br />

22.0 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION<br />

Nil.<br />

23.0 MATTERS BEHIND CLOSED DOORS<br />

Moved Cr Hoult<br />

Seconded Cr Cane<br />

That the meeting be closed to members <strong>of</strong> the public for Council to discuss matters <strong>of</strong> a<br />

commercial and confidential nature.<br />

CARRIED UNANIMOUSLY<br />

The meeting was closed to members <strong>of</strong> the public at 11.17 am.<br />

23.1 SHARK BAY WORLD HERITAGE DISCOVERY CENTRE HISTORICAL ARTEFACTS HI 102 BU 106.03<br />

Author<br />

Chief Executive Officer<br />

Disclosure <strong>of</strong> Any Interest<br />

Nil.<br />

Background<br />

Council will be aware <strong>of</strong> recent events in regard to the WA Museum requesting nine (9)<br />

historical artefact items from the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre be returned to<br />

it. The items in questions as stated by the WA Museum are -<br />

Item Registration No Description<br />

Zuytdorp 1 ZT2403R Sternpiece (replica)<br />

Zuytdorp 2 ZT2409 Bronze swivel gun<br />

Zuytdorp 8 ZT980 Cannon ball callipers<br />

<strong>Shark</strong> <strong>Bay</strong> 1 CH1003 de Vlamingh post<br />

<strong>Shark</strong> <strong>Bay</strong> 2 CH1004 Hamelin post<br />

<strong>Shark</strong> <strong>Bay</strong> 3 DHE170A French bottle glass<br />

<strong>Shark</strong> <strong>Bay</strong> 4 DHE170B Lead capsule with iron wire<br />

<strong>Shark</strong> <strong>Bay</strong> 5 DHE170C Silver ecu dated 1767<br />

<strong>Shark</strong> <strong>Bay</strong> 41 GU 16 Gudrun Figurehead<br />

The Chief Executive Officer has been corresponding with the Chief Executive Officer <strong>of</strong> the<br />

WA Museum for some time in regard to the WA Museum’s request to have the original<br />

artefacts returned to the WA Museum. Council's position has always been to request<br />

replicas <strong>of</strong> the artefacts be made so as to not have empty purpose built showcases where<br />

the original artefacts are housed.<br />

The other issue in regard to the original items that the WA Museum has raised is that these<br />

items are subject to the conditions <strong>of</strong> the Short Term Loan Agreement. Again the Chief<br />

Executive Officer has corresponded with the Chief Executive Officer <strong>of</strong> the WA Museum<br />

outlining the issues that the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> has with the Short Term Loan Agreement<br />

applicable to these artefacts.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 104<br />

On Friday 4 May 2007 three WA Museum staff members attended the <strong>Shark</strong> <strong>Bay</strong> World<br />

Heritage Discovery Centre to retrieve the original artefacts. On instruction from the Chief<br />

Executive Officer to the Centre staff, the WA Museum staff were denied access to the<br />

artefacts, a fact that was been communicated to by the Chief Executive Officer not only to<br />

the WA Museum Chief Executive Officer but also to one <strong>of</strong> the WA Museum staff who<br />

attended the Centre on several occasions. This is despite the assertion by the WA Museum<br />

Chief Executive Officer to the contrary.<br />

On Monday 7 May 2007 the <strong>Shire</strong> President, Deputy President, Cr Cane, Cr Hoult and the<br />

Chief Executive Officer attended a workshop forum convened by the Hon Vince Catania<br />

MLC and Chaired by the Hon Sally Talbot MLC, Parliamentary Secretary to the Minister <strong>of</strong><br />

the Environment, to discuss the ongoing viability <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery<br />

Centre. Prior to this workshop forum the Hon Vince Catania met with the <strong>Shire</strong> President,<br />

Deputy President, Cr Cane, Cr Blennerhassett, Cr Hoult and the Chief Executive Officer to<br />

discuss the issue regarding the artefacts. It was agreed that the Hon Vince Catania<br />

negotiate on behalf <strong>of</strong> Council with the Minister for the Arts, the Hon Sheila McHale MLA, to<br />

allow the artefacts to be released to the WA Museum for its impending French and Dutch<br />

Travelling Exhibition.<br />

Council agreed that should the Minister and the WA Museum provide written assurance that<br />

the artefacts in question be guaranteed for return to the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre upon completion <strong>of</strong> the Exhibition the WA Museum require them for, and<br />

that appropriate replicas be made, Council would release the artefacts to the WA Museum<br />

staff who were in <strong>Shark</strong> <strong>Bay</strong> for the purpose <strong>of</strong> collecting the artefacts. The Hon Vince<br />

Catania relayed this position to the Minister’s <strong>of</strong>fice and requested the Chief Executive<br />

Officer advise him when the Minister’s <strong>of</strong>fice faxed its reply. The correspondence from the<br />

Minister’s Office was faxed at 14.41 hours as follows -<br />

Further to your meeting with Hon Vince Catania MLC regarding the 9 items on short term loan to<br />

the <strong>Shark</strong> <strong>Bay</strong> Interpretive Centre, I would like to confirm that when not in conservation treatment<br />

or required to be featured in Western Australian Museum exhibitions these items can be available for<br />

exhibition at the <strong>Shark</strong> <strong>Bay</strong> Interpretive Centre under conditions to be agreed at that time in the<br />

future.<br />

It was evident to the <strong>Shire</strong> President and the Chief Executive Officer that this<br />

correspondence did not reflect the intention <strong>of</strong> the negotiations and certainly did not provide<br />

any written guarantee or assurance that Council had earlier requested.<br />

The Chief Executive Officer and the <strong>Shire</strong> President also met with the three WA Museum<br />

staff members at the Centre who were awaiting any outcome from the negotiations shortly<br />

afterwards to discuss the matter. The <strong>Shire</strong> President again reiterated that should Council<br />

receive written assurance that the artefacts in question be guaranteed for return to the<br />

<strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre upon completion <strong>of</strong> the Exhibition the WA<br />

Museum require them for, and that appropriate replicas be made, Council would release the<br />

artefacts to the WA Museum staff that were in <strong>Shark</strong> <strong>Bay</strong> for the purpose <strong>of</strong> collecting the<br />

artefacts. Unfortunately during these discussions the Chief Executive Officer became<br />

aware <strong>of</strong> faxed correspondence to Council from the State Solicitors Office in regard to the<br />

matter as follows -<br />

SHARK BAY WORLD HERITAGE DISCOVERY CENTRE OBJECTS<br />

I am writing to you on behalf <strong>of</strong> the Western Australian Museum with regard to the nine items on<br />

loan to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> (the <strong>Shire</strong>) (set out in the schedule to this letter) (the Items).<br />

The Items are the subject <strong>of</strong> loan agreements between the Museum and the <strong>Shire</strong> (the Loan<br />

Agreements) which were executed by Ms Julie Bryce, A/Chief Executive Officer on behalf <strong>of</strong> the<br />

<strong>Shire</strong> in November 2005.<br />

The Loan Agreements for the Items ended on 30 June 2006, at which [point they were extended on<br />

the same terms and conditions until 30 September 2006 for the Items in question.<br />

The Loan Agreements have now terminated and the Museum has sought to recover the Items from<br />

your possession, which has been refused.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 105<br />

I have had the opportunity review your correspondence to -<br />

(i) Dr Dawn Casey, Chief Executive Officer, WA Museum, <strong>of</strong> 22 December 2006 and 27 April<br />

2007;<br />

(ii) the Premier <strong>of</strong> 29 August 2006; and<br />

(iii) the Minister for Heritage, <strong>of</strong> 29 August 2006.<br />

The Items are the subject <strong>of</strong> legally binding Loan Agreements, which you acknowledge in your letter<br />

to the Premier <strong>of</strong> 29 August 2006. Pursuant to the Loan Agreements, at their conclusion, the Items<br />

are to be returned to the Museum.<br />

In attempting to enforce the Loan Agreements, <strong>of</strong>ficers from the Museum have been denied access to<br />

the Items. I cannot see any legal basis for that action by the <strong>Shire</strong>, nor can I see any basis upon<br />

which the <strong>Shire</strong> can deny being bound by the Loan Agreements or argue that the Items are its<br />

property. If you have any submissions on the legality <strong>of</strong> the <strong>Shire</strong>'s actions, I would be happy to<br />

receive those.<br />

Otherwise, on behalf <strong>of</strong> the Museum, I request that you immediately provide access to the Items, and<br />

indeed the Items themselves, to the <strong>of</strong>ficers <strong>of</strong> the Museum.<br />

Please respond to this correspondence, and our request, no later that 12:00 pm Tuesday 8 May<br />

2007.<br />

Schedule<br />

Item on Loan Reg. No. Description<br />

Agreement<br />

Zuytdorp 1 ZT2403R Sternpiece (replica)<br />

Zuytdorp 2 ZT2409 Bronze swivel gun<br />

Zuytdorp 8 ZT980 Cannon ball callipers<br />

<strong>Shark</strong> <strong>Bay</strong> 1 CH1003 De Vlamingh Post<br />

<strong>Shark</strong> <strong>Bay</strong> 2 CH1004 Hamlin Post<br />

<strong>Shark</strong> <strong>Bay</strong> 3 DHE170A French bottle, glass<br />

<strong>Shark</strong> <strong>Bay</strong> 4 DHE170B Lead capsule with iron wire<br />

<strong>Shark</strong> <strong>Bay</strong> 5 DHE170C Silver ecu dated 1767<br />

<strong>Shark</strong> <strong>Bay</strong> 41 GU16 Figurehead, female, from wreck <strong>of</strong> "Gudrun"<br />

Given the written advice from the State Solicitors Office presumably under the instruction <strong>of</strong><br />

the Chief Executive Officer <strong>of</strong> the WA Museum, it became apparent to both the Chief<br />

Executive Officer and the <strong>Shire</strong> President that the WA Museum and the Minister's Office<br />

were not negotiating in good faith. Accordingly the <strong>Shire</strong> President advised the three WA<br />

Museum staff members that due to this latest correspondence arriving Council's position<br />

remained unchanged.<br />

The Chief Executive Officer advised the Hon Vince Catania next day <strong>of</strong> what had occurred<br />

and prepared a draft letter on his request to the Minister’s Office again outlining that despite<br />

what had occurred, Council was still prepared to negotiate. A copy <strong>of</strong> this draft<br />

correspondence was sent on 8 May 2007 as follows -<br />

SHARK BAY WORLD HERITAGE DISCOVERY CENTRE ITEMS<br />

Further to recent discussions held between the Hon Vince Catania MLC on behalf <strong>of</strong> the<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> and yourself in regard to the above matter I advise that Council is<br />

prepared to release the items in question under the following conditions -<br />

1 That the items be returned to the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre when<br />

not required by the WA Museum for the purpose <strong>of</strong> specific (travelling or otherwise)<br />

exhibitions and/or for any conservation work that may be required from time to time as<br />

deemed by the WA Museum and that when the items are required by the WA<br />

Museum that a specific time period be provided by the WA Museum to the <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong> regarding the proposed absence <strong>of</strong> the items from the <strong>Shark</strong> <strong>Bay</strong> World<br />

Heritage Discovery Centre on each and every occasion. That this be a specific<br />

condition <strong>of</strong> a Long Term Renewable Loan Agreement as reflected in Point Two<br />

below.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 106<br />

2 That the items in question (as listed) be loaned to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> on a Long<br />

Term Renewable Loan Agreement with the general conditions being exactly the same<br />

as the other fifty nine (59) items in the Centre and,<br />

3 That replicas <strong>of</strong> the items in question be made by the WA Museum to be used by the<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> in place <strong>of</strong> the original items when required by the WA Museum<br />

and/or that replacement items relevant to the <strong>Shark</strong> <strong>Bay</strong> area be provided.<br />

Providing Council receives the above undertaking in writing the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> is quite<br />

prepared to release the items to the WA Museum and as a further goodwill gesture will<br />

provide the appropriate packing crates owned by the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> for the purpose <strong>of</strong><br />

transporting the said items.<br />

The items in question as listed on separate attachment do not include the Gudrun<br />

Figurehead as this matter has been previously resolved between the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />

and the WA Museum following the return <strong>of</strong> the Gudrun replica to the WA Museum in late<br />

2006. This has been acknowledged in previous correspondence by the WA Museum to the<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>.<br />

Your acknowledgement <strong>of</strong> the above is requested at your earliest convenience.<br />

SCHEDULE OF LOAN ITEMS<br />

Item Registration # Description<br />

Zuytdorp 1 ZT2403R Sternpiece (replica)<br />

Zuytdorp 2 ZT2409 Bronze swivel gun<br />

Zuytdorp 8 ZT980 Cannon ball callipers<br />

<strong>Shark</strong> <strong>Bay</strong> 1 CH1003 de Vlamingh post<br />

<strong>Shark</strong> <strong>Bay</strong> 2 CH1004 Hamelin post<br />

<strong>Shark</strong> <strong>Bay</strong> 3 DHE170A French bottle glass<br />

<strong>Shark</strong> <strong>Bay</strong> 4 DHE170B Lead capsule with iron wire<br />

<strong>Shark</strong> <strong>Bay</strong> 5 DHE170C Silver ecu dated 1767<br />

Total <strong>of</strong> eight (8) items<br />

The Minister’s Office rejected this <strong>of</strong>fer and to further compound the matter the Chief<br />

Executive Officer <strong>of</strong> the WA Museum phoned Cr Cane advising him that the artefacts in<br />

question would not be returned to <strong>Shark</strong> <strong>Bay</strong> once the WA Museum had possession and<br />

that we would not be getting items from any other Australian Museums. The WA Museum<br />

Chief Executive Officer also advised Cr Cane that she would be phoning every other <strong>Shire</strong><br />

<strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Councillor. To date Cr Cane is the only Councillor to have been telephoned.<br />

Cr Cane has provided a written transcript <strong>of</strong> the telephone discussion to the Chief Executive<br />

Officer.<br />

The Chief Executive Officer met with Council's solicitors (McLeods Barristers and Solicitors)<br />

on Monday 14 May 2007 to provide copies <strong>of</strong> up to date documentation and to discuss the<br />

matter. Council's solicitors have advised the State Solicitors Office that they (McLeods) act<br />

on behalf <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> in regard to this matter.<br />

Comment<br />

At present the situation, based on advice from Council's solicitors, is that the Minister's<br />

Office is now prepared to accept correspondence from Council similar to that previously<br />

sent in draft form. That is, the draft correspondence as printed above outlining Council's<br />

position sent to the Minister's Office on 8 May 2007 whereby the Minister rejected Council's<br />

<strong>of</strong>fer.<br />

Since this (draft) correspondence was sent on 8 May 2007 Council’s Chief Executive<br />

Officer, the <strong>Shire</strong> President and other Councillors have become aware <strong>of</strong> the comments that<br />

the Chief Executive Officer <strong>of</strong> the WA Museum has made to Cr Cane as well as the media<br />

statements made by the Chief Executive Officer <strong>of</strong> the WA Museum, especially to the local<br />

media.<br />

In response to the Minister’s request through the State Solicitors Office to have Council's<br />

position put forward in formal correspondence, and taking into consideration the recent


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 107<br />

comments and action by the Chief Executive Officer <strong>of</strong> the WA Museum, the following<br />

correspondence was faxed to the Minister’s <strong>of</strong>fice on Friday 25 May 2007 -<br />

SHARK BAY WORLD HERITAGE DISCOVERY CENTRE ITEMS<br />

I refer to discussions held between the Hon Vince Catania MLC on behalf <strong>of</strong> the <strong>Shire</strong> <strong>of</strong><br />

<strong>Shark</strong> <strong>Bay</strong> and yourself, as well as more recent discussions between the State Solicitors<br />

Office and McLeods Barristers and Solicitors who act on behalf <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> in<br />

the above matter.<br />

In particular the most recent advice that the State Solicitors Office has provided to Council’s<br />

solicitors is that it is now accepted by the WA Museum that the Gudrun figurehead should<br />

not be on the short term loan agreement list and accordingly is not one <strong>of</strong> the items<br />

requested by the WA Museum. Council requests this confirmation in writing at your earliest<br />

convenience.<br />

This recent advice from the State Solicitors Office also advised that the cost <strong>of</strong> making the<br />

replicas is a problem for the Museum and accordingly if the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> was to put<br />

forward a proposition involving the sharing <strong>of</strong> costs in making the replicas with the Museum<br />

the proposal would be more palatable to the Trustees <strong>of</strong> the WA Museum. In this regard it<br />

should be noted that the Gudrun Figurehead replica, which is now at the WA Maritime<br />

Museum, was paid in full by Council at a cost <strong>of</strong> approximately $6,500.00. Notwithstanding<br />

this, Council would be prepared to share the (reasonable) cost <strong>of</strong> making some <strong>of</strong> the other<br />

replicas where necessary and/or applicable.<br />

In this regard the short term loan list <strong>of</strong> items (excluding the Gudrun figurehead) refers to the<br />

Zuytdorp items such as the Sternpiece (ZT2403R), which is already a replica and therefore<br />

Council's view is that the WA Museum should obtain the original Sternpiece that Council<br />

understands is already on loan to the Geraldton Museum. This would alleviate the need to<br />

reproduce another replica <strong>of</strong> this item. A replica <strong>of</strong> the Zuytdorp bronze swivel cannon gun<br />

(Item ZT2409) can be provided to the WA Museum at Council's cost as can the Zuytdorp<br />

cannon ball callipers (Item ZT980).<br />

The only other items therefore remaining on the Schedule List are the de Vlamingh Post<br />

(CH1003), the Hamelin Post (CH1004), the French Glass Bottle (DHE170A), the lead<br />

capsule with iron wire (DHE170B) and the silver ecu dated 1767 (DHE 170C). With regard<br />

to these items Council requests that the artefacts be replaced with other valuable and<br />

authentic items relevant to the <strong>Shark</strong> <strong>Bay</strong> area that the WA Museum has in its possession<br />

so as to ensure that the purpose built glass display cabinets that these artefacts are housed<br />

in do not remain empty. In the longer term replicas <strong>of</strong> these particular artefacts can be<br />

made on a cost sharing basis with Council. This suggestion was in fact made by the WA<br />

Museum staff to the <strong>Shire</strong> President when they attended the Centre in early May 2007.<br />

Given the above, I advise that Council is prepared to release the items in questions under<br />

the following conditions -<br />

1 That the items be returned to the <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre when<br />

not required by the WA Museum for the purpose <strong>of</strong> specific (travelling or otherwise)<br />

exhibitions and/or for any conservation work that may be required from time to time as<br />

deemed by the WA Museum and that when the items are required by the WA Museum<br />

that a specific time period be provided by the WA Museum to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong><br />

regarding the proposed absence <strong>of</strong> the items from the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre on each and every occasion. That this be a specific condition <strong>of</strong> a<br />

Long Term Renewable Loan Agreement as reflected in Point Two below.<br />

2 That the items in question (as listed) be loaned to the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> on a Long<br />

Term Renewable Loan Agreement with the general conditions being exactly the same<br />

as the other fifty nine (59) items in the Centre and,<br />

3 That replicas <strong>of</strong> the items in question be made by the WA Museum on a cost sharing<br />

basis with the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> to be used by Council in the Centre in place <strong>of</strong> the<br />

original items when required by the WA Museum and that these artefacts be replaced<br />

with other valuable and authentic items relevant to the <strong>Shark</strong> <strong>Bay</strong> area that the WA<br />

Museum has in its possession until the replicas are made so as to ensure that the<br />

purpose built glass display cabinets that these artefacts are housed in do not remain<br />

empty.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 108<br />

Providing Council receives the above undertaking in writing the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> is quite<br />

prepared to release the items to the WA Museum and as a further goodwill gesture will<br />

provide the appropriate packing crates owned by the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> for the purpose <strong>of</strong><br />

transporting the said items.<br />

Conditional on the above is that you come, as Minister for Culture and the Arts, to <strong>Shark</strong><br />

<strong>Bay</strong> to visit and inspect the wonderful and unique displays in the <strong>Shark</strong> <strong>Bay</strong> World Heritage<br />

Discovery Centre. The Councillors and community <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> feel sure that<br />

you will gain a thorough appreciation <strong>of</strong> Council's position once you have visited the Centre.<br />

Your acknowledgement <strong>of</strong> the above is requested at your earliest convenience.<br />

SCHEDULE OF LOAN ITEMS<br />

Item Registration # Description<br />

Zuytdorp 1 ZT2403R Sternpiece (replica)<br />

Zuytdorp 2 ZT2409 Bronze swivel gun<br />

Zuytdorp 8 ZT980 Cannon ball callipers<br />

<strong>Shark</strong> <strong>Bay</strong> 1 CH1003 de Vlamingh post<br />

<strong>Shark</strong> <strong>Bay</strong> 2 CH1004 Hamelin post<br />

<strong>Shark</strong> <strong>Bay</strong> 3 DHE170A French bottle glass<br />

<strong>Shark</strong> <strong>Bay</strong> 4 DHE170B Lead capsule with iron wire<br />

<strong>Shark</strong> <strong>Bay</strong> 5 DHE170C Silver ecu dated 1767<br />

Total <strong>of</strong> eight (8) items<br />

Council will await the response by the Minister’s Office and/or the State Solicitors Office in<br />

regard to the contents <strong>of</strong> the correspondence reflecting Council's current position. The<br />

Chief Executive Officer has requested that should any legal action be forthcoming from the<br />

State Solicitors Office in regard to the matter that it be directed through Council's solicitors.<br />

Legal Implications<br />

As detailed above.<br />

Policy Implications<br />

Nil.<br />

Financial Implications<br />

Legal fees associated with any ongoing litigation and Council's insurance for legal fees.<br />

Strategic Implications<br />

Long term viability <strong>of</strong> the Centre with the original artefacts removed.<br />

Recommendation<br />

That Council endorse the recent actions by the Chief Executive Officer and the<br />

contents <strong>of</strong> the correspondence dated 25 May 2007 to the Minister for Culture and the<br />

Arts which reflects the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>’s position in regards to the artefacts in the<br />

<strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre.<br />

Voting Requirements<br />

Simple Majority Required.<br />

Date <strong>of</strong> Report 28 May 2007<br />

23.2 WOODLEIGH BYRO ROAD RO 105<br />

23.3 MONKEY MIA JETTY MA 100<br />

The Chief Executive Officer left the Chambers at 11.58 pm and reentered the Chambers at 12.03 pm.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 109<br />

The Works Supervisor reentered the Chambers at 12.19 pm.<br />

Moved Cr Crawford<br />

Seconded Cr Cane<br />

That the meeting be reopened to members <strong>of</strong> the public.<br />

CARRIED UNANIMOUSLY<br />

The meeting was reopened to members <strong>of</strong> the public at 12.49 pm.<br />

The meeting adjourned at 12.49 pm and reconvened at 1.18 pm with all those previously in<br />

attendance present.<br />

Moved Cr Cane<br />

Seconded Cr Blennerhassett<br />

That the meeting be closed to members <strong>of</strong> the public for Council to continue to discuss<br />

matters <strong>of</strong> a commercial and confidential nature.<br />

CARRIED UNANIMOUSLY<br />

The meeting was closed to members <strong>of</strong> the public at 1.18 pm.<br />

The Works Supervisor left the Chambers at 2.30 pm.<br />

Moved Cr Cane<br />

Seconded Cr Blennerhassett<br />

That the meeting be reopened to members <strong>of</strong> the public.<br />

CARRIED UNANIMOUSLY<br />

The meeting was reopened to members <strong>of</strong> the public at 2.39 pm.<br />

23.1 SHARK BAY WORLD HERITAGE DISCOVERY CENTRE HISTORICAL ARTEFACTS HI 102 BU 106.03<br />

Moved Cr Cane<br />

Seconded Cr Hoult<br />

That the recommendation be adopted.<br />

CARRIED UNANIMOUSLY<br />

23.2 WOODLEIGH BYRO ROAD RO 105<br />

Moved Cr Crawford<br />

Seconded Cr Blennerhassett<br />

That Council allow the 20 heavy haulage trucks requiring access to the Dampier to<br />

Bunbury Natural Gas Pipeline through 5 June to 31 July 2007 to access the pipeline<br />

from the western end <strong>of</strong> Woodleigh Byro Road but only under written permit from the<br />

<strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> and that these trucks be escorted by an accredited escort in and<br />

out.<br />

CARRIED UNANIMOUSLY<br />

Moved Cr Crawford<br />

Seconded Cr Cane<br />

That Council delegate authority to the President, Deputy President and available<br />

Councillors to view the proposed contract from DBP (Dampier to Bunbury Natural<br />

Gas Pipeline) regarding road reinstatement and make a decision on acceptance or<br />

otherwise.<br />

CARRIED UNANIMOUSLY


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 110<br />

23.3 MONKEY MIA JETTY MA 100<br />

Moved Cr Blennerhassett<br />

Seconded Cr Hoult<br />

That Council -<br />

1 Reiterate its resolution 23.1 <strong>of</strong> 26 July 2006 and 23.1 <strong>of</strong> 28 March 2007 on the<br />

charging <strong>of</strong> $1.10 (including GST) for usage <strong>of</strong> the Monkey Mia jetty for holders<br />

<strong>of</strong> E Class and T Class Commercial Operation Licences for Wildlife Interaction<br />

Tours issued by the Department <strong>of</strong> Environment and Conservation.<br />

2 As the holders <strong>of</strong> the E Class and T Class Commercial Operation Licences for<br />

Wildlife Interaction Tours issued by the Department <strong>of</strong> Environment and<br />

Conservation mentioned in Clause 1 have not disclosed their passenger<br />

numbers, assume a mean average, as previously advised to the Licensees, and<br />

invoice both operators.<br />

3 After 14 days if the accounts remain outstanding will deny access to the<br />

Monkey Mia jetty to the operators.<br />

CARRIED UNANIMOUSLY<br />

24.0 DATE AND TIME OF NEXT MEETING<br />

24.1 Wednesday 27 June 2007 at 9.00 am.<br />

25.0 CLOSURE OF MEETING<br />

The Deputy President declared the meeting closed at 2.45 pm.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 111<br />

26.0 INFORMATION BULLETIN<br />

26.1 CHIEF EXECUTIVE OFFICER'S REPORT - MAY 2007<br />

Author<br />

Chief Executive Officer<br />

26.1.1 CHIEF EXECUTIVE OFFICER MEETINGS<br />

The Chief Executive Officer attended meetings and events in April/May 2007 with the<br />

following groups/individuals -<br />

• <strong>Ordinary</strong> Council meeting 2 May 2007<br />

• Chief Executive Officer met with Vince Catania MLC regarding <strong>Shark</strong> <strong>Bay</strong> issues<br />

• Chief Executive Officer, Cr Eddington and Works Supervisor met with Alinta Gas and<br />

Saipan delegates in Carnarvon along with <strong>Shire</strong>’s <strong>of</strong> Carnarvon and Upper Gascoyne<br />

to discuss condition <strong>of</strong> Woodleigh Byro Road<br />

• Mrs Eileen Grantham regarding Daylight Saving petition<br />

• Council extraordinary election 21 April 2007<br />

• ANZAC Day ceremony<br />

• New District Superintendent Police at <strong>Shark</strong> <strong>Bay</strong> Police Station<br />

• Paul Rush New Zealand journalist - familiarisation tour <strong>of</strong> the <strong>Shark</strong> <strong>Bay</strong> World<br />

Heritage Discovery Centre<br />

• Budget meeting<br />

• <strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Forum meeting Chaired by Sally Talbot<br />

MLC, Parliamentary Secretary to Minister <strong>of</strong> Environment<br />

• Financial Donations Assistance meeting with Finance and Administration Manager<br />

and Cr Robert Blennerhassett<br />

• Staff performance review - Works Supervisor and Accountant<br />

• McLeods Barristers & Solicitors to discuss Centre historical artefacts<br />

• Peter Hill Tourism WA to discuss accreditation <strong>of</strong> the Centre and transfer <strong>of</strong> Bookeasy<br />

system<br />

• Sally Talbot MLC and Tim Bowra at Parliament House to discuss outcome <strong>of</strong> Forum<br />

meeting and progress to next stage<br />

• Market Creations in Geraldton to discuss website development, World Heritage Drive<br />

and merchandise booklets for Centre<br />

• WA Herbarium and Pritchard Binders regarding Dampier replica plant collection<br />

26.1.2 WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION HONOURS PROGRAM<br />

Council will recall that at its last <strong>Ordinary</strong> meeting Councillors enquired as to wether or not<br />

WALGA Association Award Honours were awarded posthumously.<br />

The Chief Executive Officer clarified this query with Ms Meredith Neilsen, Corporate Support<br />

Coordinator for the WALGA Association Honours Program, who advised that any award<br />

category can be awarded posthumously. This year’s Association Honours had a<br />

nomination to WALGA to award an honours category posthumously that was accepted.<br />

Accordingly should Council agree then the Chief Executive Officer can write to Mrs Hipper<br />

outlining Council's intention requesting her respond.<br />

26.1.3 CHIEF EXECUTIVE OFFICER LEAVE OF ABSENCE<br />

Council is advised that the Chief Executive Officer will be absent on leave from 5 June to 8<br />

June 2007 as previously advised.<br />

26.1.4 LOCAL GOVERNMENT PROPORTIONAL PREFERENTIAL VOTING SYSTEM PROPOSAL<br />

The Western Australian Local Government Association has advised all Councils <strong>of</strong><br />

developments regarding the proposed introduction <strong>of</strong> the Proportional Preferential Voting<br />

System for Local Government. The key issues regarding the matter are -


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 112<br />

1 The Minister for Local Government has advised that the State Government will pursue<br />

the introduction <strong>of</strong> the system despite WALGA's advocacy against it.<br />

2 The WALGA State Council resolved to continue representations against the<br />

introduction <strong>of</strong> the system, and<br />

3 The WALGA State Council considered actions to be taken to defeat and/or delay the<br />

passage <strong>of</strong> the legislation through Parliament.<br />

More information is available from the Chief Executive Officer.<br />

26.1.5 WILDLIFE INTERACTION LICENCE AMENDMENT<br />

Council has received written advice from the Director General <strong>of</strong> the Department <strong>of</strong><br />

Environment and Conservation that it intends to amend the current licence conditions<br />

applicable to the T Class wildlife interaction operator at Monkey Mia. This advice is that the<br />

amendment will increase the current 4 kilometre exclusion zone to 6 kilometres for the T<br />

Class licensed operator.<br />

More information is available from the Chief Executive Officer.<br />

Date <strong>of</strong> Report 17 May 2007<br />

26.2 MANAGER REGULATORY SERVICES REPORT BU 102.02<br />

Author<br />

Manager Regulatory Services<br />

26.2.1 PLANNING REPORT TO 105<br />

1 Denham Residential Estate Progress Update<br />

LandCorp advises -<br />

As a key stakeholder in the region, we are pleased to advise you on the progress <strong>of</strong> this important<br />

project which will provide for the positive future growth <strong>of</strong> Denham.<br />

Construction <strong>of</strong> Stage 1 <strong>of</strong> LandCorp's new residential estate in Denham has progressed over the<br />

summer months with site works now complete. The 46 lots forming this first stage are now receiving<br />

the final touches in readiness for sale which is planned for July this year.<br />

A further two stages will complete Phase 1 <strong>of</strong> the estate, creating a total <strong>of</strong> 126 lots on 16 ha <strong>of</strong> land<br />

located directly adjacent to the Denham township. Subject to town planning approval, the estate<br />

could ultimately consist <strong>of</strong> approximately 300 lots on 150 ha <strong>of</strong> land fronting Stella Rowley Drive<br />

and Freycinet Street, providing for growth <strong>of</strong> Denham over the next 15 to 20 years.<br />

To ensure the estate meets the future needs <strong>of</strong> Denham, LandCorp, the State Government's property<br />

developer, has worked closely with the Denham Residential Steering Committee, the Yamatji Land<br />

and Sea Council and the local Malgana people, the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>, Gascoyne Development<br />

Commission and various Government Departments and Agencies.<br />

The estate is being designed to complement the existing town and demonstrate sustainable design<br />

features which will help protect and enhance the natural features <strong>of</strong> the area.<br />

The layout <strong>of</strong> lots will take advantage <strong>of</strong> the natural contours <strong>of</strong> the land and are oriented to<br />

maximise solar access and capture marine park and inland views, while ensuring the views from<br />

Little Lagoon and the scenic tourist route are protected by natural land features.<br />

Landscaping in the estate has been inspired by features <strong>of</strong> the natural environment, including the<br />

birridas and patterns made by the sand crabs. Local native plants including coastal heath and mallee<br />

are being used throughout the estate to retain the existing vegetation.<br />

To receive the latest sales information and notification <strong>of</strong> the first land release, please contact the<br />

selling agent, Rex Grass at Ray White <strong>Shark</strong> <strong>Bay</strong> on 9948 1323.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 113<br />

Alternatively, for further information about the project contact LandCorp's northern information<br />

line on 1300 730 479 or visit website www.landcorp.com.au and select 'Denham' using the project<br />

finder.<br />

2 Proposed Road Names Denham Stage One NO 101<br />

LandCorp advises -<br />

Attached are the proposed road names for Denham Stage 1.<br />

I have spoken to Brian Goodchild at the Geographic Names Committee. We have agreed that until<br />

we have clarified the origin <strong>of</strong> the additional 7 names provided by the Yamatji Land and Sea Council,<br />

which may take several weeks, we should select from the original names approved and set aside by<br />

Council (Mair, Adams, Johnson, Mallard and Oakley).<br />

Jim, can you please confirm if the Council is satisfied with the proposed names? I assume the<br />

Geographic Names Committee would want something on the <strong>Shire</strong> letterhead please. (Happy to<br />

consider other options but at present the choice seems quite limited.)<br />

Peter, once Jim has confirmed the names can you please prepare a new plan and send it to the<br />

Geographic Names Committee?<br />

26.2.2 BUILDING REPORT BU 102.02<br />

Nil.<br />

26.2.3 HEALTH ISSUES HE 101<br />

Denham North and Denham South (D7-7) Water Reserves Draft Drinking Water Source<br />

Protection Plan<br />

The Department <strong>of</strong> Water advises -<br />

Thank you for providing the <strong>Shire</strong>'s submission dated 30 March 2007 regarding the above Plan.<br />

Each <strong>of</strong> the points raised by the <strong>Shire</strong> are addressed separately below -<br />

1 The Water Corporation has advised this Department that the buffer area for the Denham<br />

North Water Reserve relates to the chlorine dosing plant at the site. It is a hazardous chemical<br />

storage buffer for the purpose <strong>of</strong> assessing and advising land uses within a defined zone for<br />

town planning purposes. It doesn't relate to the water source protection issues addressed by<br />

the Draft Drinking Water Source Protection Plan. Further details <strong>of</strong> the Corporation's buffer<br />

standards can be obtained by contacting the Corporation's Land Planning Manager on<br />

9420 2769.<br />

2 As stated in Section 1.4 Future water supply requirements, Water Corporation have notified<br />

this Department that the 'current source is considered adequate to meet future demand' for<br />

the town water supply. In regards to plans for the treatment plant to accommodate<br />

fluoridation, the Water Corporation has advised that fluoridation <strong>of</strong> the Denham Town Water<br />

Supply is dependant on the size <strong>of</strong> the town growing to the trigger level and the Department<br />

<strong>of</strong> Health setting the requirement for fluoridation subsequent to pressure from the community,<br />

which is usually sponsored by local dentists.<br />

3 As detailed in the Draft Plan, the Denham North Water Reserve (DNWR) is limited to the<br />

boundary <strong>of</strong> the Water Corporation property - Lot 39 Monkey Mia Road. The chemical<br />

storage buffer area for the dosing plant is a defined area determined relative to the location and<br />

size/type <strong>of</strong> the dosing plant (see point 1) and is the same as the DNWR boundary.<br />

4 As outlined in Section 1.1 and 1.2, the existing water supply production bore 1/97 and all the<br />

treatment/storage infrastructure for the Denham Town Water Supply is located within the<br />

DNWR. This elevated reserve is also essential to provide reticulation pressure to meet the<br />

Water Corporation's standards to satisfy their Customer Charter. There are no plans to<br />

relocate this infrastructure. This land is proposed to be proclaimed as a water reserve to<br />

protect groundwater sourced by bore 1/97 from contamination. The proposed reserve poses no<br />

impact on private land as current land uses are still able to be conducted.<br />

5 As outlined in Section 4.2 and in Recommendation 2, Denham D7-2 should be deproclaimed<br />

under the provisions <strong>of</strong> the "Country Areas Water Supply Act 1947" as there is no longer a


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 114<br />

production bore within this reserve and as such, groundwater protective measures are not<br />

required. It is not anticipated that this will affect the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>'s World Heritage<br />

Discovery Centre Block but please contact the Water Corporation is regards to future use <strong>of</strong><br />

the land.<br />

Should you require any further information regarding the above issues, please contact Kellie<br />

Ketteringham on 6364 7540.<br />

26.2.4 RANGER REPORT DO 101<br />

Nil<br />

Date <strong>of</strong> Report 22 May 2007<br />

26.3 BUILDING APPLICATIONS PROCESSED ST 114<br />

Nil.<br />

26.4 SUMMARY OF BUILDING CONSTRUCTION APPLICATIONS 2006/2007 ST 114<br />

Nil.<br />

26.5 WORKS SUPERVISOR’S REPORT<br />

Works Supervisor's Report included in Works Committee agenda.<br />

26.6 SHARK BAY WORLD HERITAGE DISCOVERY CENTRE MONTHLY ACTIVITY REPORT<br />

Author<br />

<strong>Shark</strong> <strong>Bay</strong> World Heritage Discovery Centre Staff<br />

26.6.1 BUILDING MAINTENANCE AND GENERAL CENTRE ISSUES<br />

The month <strong>of</strong> April has been a busy one for the Centre. We had a group <strong>of</strong> Carnarvon<br />

Artists exhibiting in the Rose de Freycinet Gallery. A very successful exhibition.<br />

The Rose de Freycinet Gallery was used for a civic reception for the State Governor. All<br />

attending had an enjoyable time.<br />

Easter was a busy time with the town booked out with tourists and combined with school<br />

holidays we had an increase in family entries to the Centre, as well as a general increase in<br />

entries. We are providing a lot <strong>of</strong> information on the area to visitors to our Centre.<br />

26.6.2 VISITOR NUMBERS<br />

Weekly Centre Detail Report from 1 April to 30 April 2007<br />

Description<br />

1-7<br />

April<br />

8-14<br />

April<br />

15-21<br />

April<br />

22-28<br />

April<br />

29-30<br />

April<br />

Total<br />

Local Entry 2 2 0 1 0 5<br />

Adult Entry 88 169 132 111 24 524<br />

Children Entry 20 34 34 9 2 99<br />

Concession Entry 31 63 43 42 17 196<br />

Family Entry 11 27 30 8 0 76<br />

Tour Groups 1 1 0 0 0 0<br />

Tour Group Persons 4 10 0 0 0 14<br />

Rose de Freycinet Gallery<br />

Entry 41 152 102 111 27 433<br />

Grand Total 197 457 341 282 70 1,347


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 115<br />

26.6.3 MONTHLY FINANCE/ WEEKLY BREAKDOWN<br />

Weekly Centre Detail Report from 1 April to 30 April 2007<br />

Local Entry<br />

Description<br />

1-7<br />

April<br />

8-14<br />

April<br />

15-21<br />

April<br />

22-28<br />

April<br />

29-30<br />

April<br />

Total<br />

Adult Entry 799.92 1,536.21 1,199.88 1,008.99 218.16 4,763.16<br />

Concession Entry 109.06 185.31 185.34 49.05 10.90 539.66<br />

Children Entry 225.38 458.09 312.65 305.39 123.59 1,425.10<br />

Family Entry 279.95 687.15 763.50 203.60 0.00 1,934.20<br />

Tour Groups Entry 29.09 72.73 0.00 0.00 0.00 101.82<br />

Rose de Freycinet Gallery<br />

Entry 0.00 0.00 0.00 0.00 0.00 0.00<br />

Grand Total 1,443.40 2,939.49 2,461.37 1,567.03 352.65 8,763.94


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 116<br />

26.6.4 MONTHLY FINANCE COMPARISON


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 117<br />

26.6.5 OPERATING STATEMENT AS AT 30 APRIL 2007<br />

Expenses<br />

Current Budget YTD Budget YTD Actual<br />

Account<br />

Description<br />

Full Year 30 April 2007 30 April 2007<br />

36000610 Salaries and Wages 114,240 95,200 91,572<br />

36000660 Staff Training 2,500 2,080 3,097<br />

36000670 Superannuation - Employer 1,801 1,500 1,037<br />

36000675 Superannuation - Occupational 10,282 8,570 8,645<br />

36000680 Travel and Accommodation Staff 1,500 1,250 331<br />

36000685 Insurance - Workers Compensation 3,473 3,473 3,488<br />

36000715 Cleaning 29,473 24,560 19,939<br />

36000730 Maintenance 10,000 8,340 9,393<br />

36000775 Utilities 31,585 25,971 33,511<br />

36000895 Advertising 40,000 33,330 15,297<br />

36000905 Travelling Exhibition Costs 15,000 12,500 4,326<br />

36000920 Computer Consumables 2,000 1,670 2,878<br />

36000970 Postage 1,000 830 313<br />

36000975 Printing and Stationery 3,000 2,500 1,446<br />

36000977 Promo Material 40,000 33,330 11,548<br />

36000995 Telephone 3,000 2,250 1,967<br />

36001301 Depreciation - Plant and Equipment 8,593 7,160 7,157<br />

36001302 Depreciation - Furniture and Equipment 29,498 24,580 24,566<br />

36001303 Depreciation - Land and Building 203,455 169,550 268,343<br />

36001470 Insurance 8,476 8,476 8,476<br />

36002697 Purchase - Other Books for Resale - - 213<br />

36001600 Governance Overheads Allocated 29,347 24,460 21,801<br />

36002920 Web Site Development 5,000 4,170 1,141<br />

593,223 495,750 540,474<br />

Revenue<br />

Current Budget YTD Budget YTD Actual<br />

Account<br />

Description<br />

Full Year 30 April 2007 30 April 2007<br />

36003423 Contributions and Donations Operating 2,500 2,500 -<br />

36003650 Reimbursement - Other - - 409<br />

36003722 Entrance Fees 312,000 260,000 72,740<br />

36003771 Sale <strong>of</strong> Other <strong>Shark</strong> <strong>Bay</strong> Books - - 286<br />

36003773 Sale - <strong>Shark</strong> <strong>Bay</strong> History Book - - 700<br />

36003770 Sale - Merchandise - - 104<br />

314,500 262,500 74,239<br />

Expenses<br />

Date <strong>of</strong> Report 14 May 2007<br />

26.7 BUILDING HEALTHY COMMUNITIES PROJECT<br />

Author<br />

Building Healthy Communities Project Officers<br />

26.7.1 BHC NATIONAL WORKSHOP REPORT<br />

As part <strong>of</strong> the BHC project plan, a national and regional workshop is held every six months<br />

with telephone conferences being held regularly to enable BHC projects to network and<br />

provide training and support.<br />

The National workshop was held in Adelaide on 30 April 2007 and 1 May, 2007. The<br />

conference was attended by both BHC Project Officers, Wanda Copeland and Helen<br />

McNeair. The focus for this conference was on Capacity Building and Sustainability.<br />

The first day <strong>of</strong> the conference enabled us to network with other projects and this gave us a<br />

good idea <strong>of</strong> what type <strong>of</strong> projects were sustainable within the communities and ideas on<br />

new projects that we could develop in <strong>Shark</strong> <strong>Bay</strong>. We were able to identify new projects<br />

such as a community garden and a men’s group and also had some discussion on how to<br />

engage with all sectors <strong>of</strong> the community.


ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 118<br />

The second day was focussed on Sustainability with regional workshops to discuss what we<br />

are doing in our projects to build sustainable outcomes and what are the key sustainability<br />

challenges in our projects and what will we do about these when we get back to our<br />

community.<br />

The following issues were identified with our project and we undertook to address these on<br />

our return.<br />

Community Engagement - Our projects are all based in Denham and there is a need to try<br />

again to engage with Monkey Mia, Useless Loop and the pastoralists. The best strategy<br />

would be to arrange an inter regional sporting competition on a rotation basis to get some<br />

interaction within the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong>.<br />

Sustainability - There is a need to get more support and to provide training for projects that<br />

are ongoing to ensure that participants are able to take over projects at the end <strong>of</strong> the BHC<br />

timeframe. This could include coaching clinics and governance training.<br />

New projects - An area which has not yet been successful is men’s health and although<br />

this has been attempted, we will need to look a different approach to ensure that this<br />

important issue can be addressed. There was a heavy focus on men’s health at the<br />

conference with speaker, Bernard Denner, and he indicated that he would be happy to<br />

assist us in developing this project. The project would be a men’s health promotional night<br />

as well as forming a “men’s shed”, possibly using the area at the side <strong>of</strong> the gym as a<br />

meeting place. A community garden would also enhance the operations <strong>of</strong> the gym and the<br />

men’s group and the area at the side <strong>of</strong> the gym would be a good location, making use <strong>of</strong><br />

the tank that has been cut down.<br />

Conclusion<br />

Overall, the conference was very beneficial as it enabled us to network with other BHC<br />

projects and to identify which areas <strong>of</strong> our Project Plan we need to focus on before our term<br />

ends in 2008.<br />

Date <strong>of</strong> Report 21 May 2007<br />

26.8 OTHER SPECIFIC INFORMATION ITEMS<br />

The following items are included for the information <strong>of</strong> Councillors. As they are significant<br />

matters, copies are forwarded with this agenda.<br />

• Action Sheet 2 May 2007 Meeting

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