Ordinary 070530Minut.. - Shire of Shark Bay
Ordinary 070530Minut.. - Shire of Shark Bay
Ordinary 070530Minut.. - Shire of Shark Bay
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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.
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(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.
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(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