20 May 2009 - Tablelands Regional Council

TRCADHOC-1Tablelands Regional Council - Minutes Wednesday 20 May 2009EXPEDITING OF ITEMS ON COUNCIL MEETING ACTION LISTResolved"That the following reports/investigations on the Council Meeting Action List be expedited and thetwo letters mentioned be forwarded without delay:Griffin Road DetentionChamber ProposalPeakes Gully FloodingStormwater Drainage -Railway Lane, AthertonDavies Park LightingLot 517 M3563, 162 WalshStreet, Mareeba - Sale of LandBrady Park, MareebaReport to next meeting on timelines for completion ofinvestigations, design and project constructionInvestigations to be completed as quickly as possible andfindings on proposed rectification works (with costings) to bepresented to CouncilInvestigations and analysis to be completed as soon aspossible and report presented to CouncilReport on upgrading of lighting outside Davies Park to bepresented to Council as soon as possibleLetter to Minister for Local Government seeking approval todispose of the land without going to tender or auctionLetter to Principal of Mareeba State Primary School re use ofBrady Park by the School."CARRIEDRECEIPT OF INWARD CORRESPONDENCEResolved"That the inward correspondence be received for consideration."CARRIEDRECEIPT OF OFFICERS' MONTHLY REPORTSResolved"That the General Managers' Monthly Reports be received for consideration."CARRIEDRECEIPT OF MONTHLY FINANCIAL STATEMENTSResolved"That the Monthly Financial Statements be received for consideration."CARRIEDPage 3

TRC(c)Tablelands Regional Council - Minutes Wednesday 20 May 2009Compliance with applicable codes/policiesThe development must be carried out to ensure compliance with the provisions ofCouncil’s Local Laws, Planning Scheme Policies, Planning Scheme and PlanningScheme Codes to the extent they have not been varied by a condition of this approval.(d)(e)(f)There are statutory licensing and weapon storage requirements (Weapons Regulation1996) associated with the approved use. The applicant should ensure that all suchrequirements have been satisfied and approved by the relevant authorities prior tocommencement of the use.The following notation will be placed on Council’s Rate Record with respect to the use:The Department of Main Roads has conditions that apply to this land (MCU Approval08/047).Advertising signage for the proposed development may require a Development Permitfor Operational Works. The applicant should confirm with the Manager Urban andRegional Planning prior to installing any advertising signage on the premises."CARRIEDITEM-3Moved by Cr McGrathS TAME - DECISION NOTICE - MATERIAL CHANGE OF USE(BED & BREAKFAST ACCOMMODATION) - LOT 142 ONRP896885, PARISH OF TINAROO, 3702 KENNEDY HIGHWAY,MAREEBA - MCU/09/0008Seconded by Cr Pedersen"That in relation to the application lodged with Council on 29 January 2009 by S Tame for MaterialChange of Use in respect of Lot 142 on RP896885 Parish of Tinaroo, located at 3702 KennedyHighway, Mareeba:In accordance with the Integrated Planning Act 1997 as amended, the applicant be notified that theapplication for a Development Permit for Material Change of Use for premises described in (A)herein is approved subject to conditions listed in (B) and (C) and advice listed in (D).(A)DETAILS OF PREMISES AND APPROVED USELOCATION:PROPERTY DESCRIPTION:AREA OF LAND:MATERIAL CHANGE OF USE:APPROVED PLANS:3702 Kennedy Highway, MareebaLot 142 on RP896885, Parish of Tinaroo2.134 hectaresBed & Breakfast AccommodationUndated Site Sketch(B)ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)(1) Development must be carried out substantially in accordance with the approved plansand the facts and circumstances of the use as submitted with the application, subject toany alterations:Page 9

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009(a)(b)found necessary by the Council’s delegated officer at the time of examination ofthe engineering plans or during construction of the development because ofparticular engineering requirements; andto ensure compliance with the following conditions of approval.(2) Timing of EffectThe conditions of the development permit must be complied with to the satisfaction ofCouncil’s delegated officer prior to the commencement of the use except wherespecified otherwise in these conditions of approval.(3) Bushfire HazardBuildings and structures are connected to a reticulated water supply with a minimumflow and pressure of 10 litres a second and 200kPa OR provided with a source of waterfor fire fighting purposes of not less than 5,000 litres. This may be satisfied by theprovision of an accessible dam, swimming pool or tank. In the case of a tank supply,delivery of the water should be provided through a 50mm Camlock fitting. The outletfrom the tank water supply or the dam/pool shall be located within an accessibleposition within 40 metres from the habitable buildings.(4) Bushfire Management PlanA Bushfire Management Plan will be prepared in accordance with Appendix 8 of StatePlanning Policy 1/03 - Mitigating the Adverse Impacts of Flood, Bushfire and Landslideto the satisfaction of Council's delegated officer. The approved use must comply withthe requirements of the Management Plan at all times.(5) The dwelling house supporting the bed and breakfast accommodation does not serveany meal for gain to other than paying overnight guests of the establishment.(6) There is only one sign related to the Bed and Breakfast operation and the sign is:(a)(b)(c)Not greater than 0.5 m2 in area; andNot illuminated; andWholly within the premises or on a fence facing the road.(7) On site carparking is provided at the rate of one (1) space per bedroom, in addition toone (1) space for the dwelling house.(8) Water SupplyThe applicant/developer must demonstrate that the proposed water supply must be ofa standard for drinking water set by the Australian Drinking Water Guidelines 2004(National Health and Medical Research Council and the National ResourceManagement Ministerial Council).(C)REFERRAL AGENCY RESPONSE (DEPARTMENT OF MAIN ROADS)Department of Main Roads conditions dated 20 February 2009 regarding the KennedyHighway access (attached to these Minutes as Appendix 2).Page 10

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009(D)ASSESSMENT MANAGER’S ADVICE(1) In carrying out the activity the applicant must take all reasonable and practicablemeasures to ensure that no harm is done to Aboriginal cultural heritage (the “culturalheritage duty of care”). The applicant will comply with the cultural heritage duty of careif the applicant acts in accordance with gazetted cultural heritage duty of careguidelines. An assessment of the proposed activity against the duty of care guidelineswill help determine whether or to what extent Aboriginal cultural heritage may beharmed by the activity. Further information on cultural heritage, together with a copy ofthe duty of care guidelines and cultural heritage search forms, may be obtained fromwww.nrw.qld.gov.au.(2) Food PremisesPremises proposed for the storage and preparation, handling, packing or service offood must comply with the requirements of the Food Act 2006."CARRIEDITEM-4G BRESNAN - DECISION NOTICE - MATERIAL CHANGE OFUSE (FAMILY ACCOMMODATION) - LOT 4 ON RP728461,PARISH OF FORMARTINE, 36 MONARO CLOSE, MAREEBA -MCU/09/0004Moved by Cr JensenSeconded by Cr Pedersen"That in relation to the application lodged with Council on 27 January 2009 by G Bresnan forMaterial Change of Use in respect of Lot 4 on RP728461, Parish of Formartine, located at36 Monaro Close, Kuranda:In accordance with the Integrated Planning Act 1997 as amended, the applicant be notified that theapplication for a Development Permit for Material Change of Use for premises described in (A)herein is approved subject to conditions listed in (B) and advice listed in (C).(A)DETAILS OF PREMISES AND APPROVED USELOCATION:PROPERTY DESCRIPTION:AREA OF LAND:MATERIAL CHANGE OF USE:APPROVED PLANS:36 Monaro Close, KurandaLot 4 on RP7284611.64 hectaresDwelling House (Family Accommodation)Undated Site Plan(B)ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)(1) Development must be carried out substantially in accordance with the approved plans andthe facts and circumstances of the use as submitted with the application, subject to anyalterations:Page 11

TRC(a)(b)Tablelands Regional Council - Minutes Wednesday 20 May 2009found necessary by the Council’s delegated officer at the time of examination of theengineering plans or during construction of the development because of particularengineering requirements; andto ensure compliance with the following conditions of approval.(2) Timing of EffectThe conditions of the development permit must be complied with to the satisfaction ofCouncil’s delegated officer prior to the commencement of the use except where specifiedotherwise in these conditions of approval.(3) Flood ImmunityAll buildings must be located such that the freeboard of the floor levels of all habitable roomsis a minimum of 300mm above 100 ARI year level.(4) The existing family accommodation (granny flat) on the property is to be removed when nolonger occupied by a family member.(5) The on-site effluent disposal system must be constructed generally in accordance with thereport prepared by Dirt Professionals and received at Council on 9 March 2009 incompliance with the latest version On-Site Domestic Wastewater Management Standard(ASNZ1547) to the satisfaction of the Council’s delegated officer.(6) No additional access is permitted from Monaro Close. The proposed family accommodationmust share the existing access to the property.(C)ASSESSMENT MANAGER’S ADVICE(1) Cultural HeritageIn carrying out the activity the applicant must take all reasonable and practicable measuresto ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty ofcare”). The applicant will comply with the cultural heritage duty of care if the applicant acts inaccordance with gazetted cultural heritage duty of care guidelines. An assessment of theproposed activity against the duty of care guidelines will help determine whether or to whatextent Aboriginal cultural heritage may be harmed by the activity. Further information oncultural heritage, together with a copy of the duty of care guidelines and cultural heritagesearch forms, may be obtained from www.nrw.qld.gov.au.(2) Compliance with Acts and RegulationsThe erection and use of the building must comply with the Building Act and all other relevantActs, Regulations and Laws, and these approval conditions."CARRIEDITEM-5 D & V PEIRCE FAMILY TRUST - DECISION NOTICE -MATERIAL CHANGE OF USE (MEDICAL CENTRE) - LOT 1 ONRP708590, PARISH OF BARRON - 20 COOK STREET,ATHERTON - IPA09-02Page 12

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009Moved by Cr AdamsSeconded by Cr Pedersen"That in relation to the application lodged with Council on 15 January 2009 by D.J. and V. Peircefor Material Change of Use in respect of Lot 1 on RP708590, located at 20 Cook Street, Atherton:In accordance with the Integrated Planning Act 1997 as amended, the applicant be notified that theapplication for a Development Permit for Material Change of Use (Medical Centre) for premisesdescribed in (A) herein is approved in accordance with the plans/documents listed in (B) andsubject to conditions listed in (C) and advice listed in (D).(A)DETAILS OF PREMISES AND APPROVED USELOCATION:PROPERTY DESCRIPTION:20 Cook Street, AthertonLot 1 on RP708590.AREA OF LAND: 1,116m 2MATERIAL CHANGE OF USE:Medical Centre.(B)APPROVED PLANS AND DOCUMENTSThe approved plans and/or documents for this development approval are listed in thefollowing table:Plan/DocumentNumberPlan/Document Title Prepared by Dated650-DA1 Proposed Naturopath Clinic – Site Plan Adrian Gallo Dec. 2008650-DA2 Proposed Naturopath Clinic – Floor Plan Adrian Gallo Dec. 2008(C)ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)(1) Development must be carried out substantially in accordance with the approved plansand the facts and circumstances of the use as submitted with the application, subject toany alterations:- found necessary by the Council’s delegated officer at the time of examination of theengineering plans or during construction of the development because of particularengineering requirements; and- to ensure compliance with the following conditions of approval.(2) Timing of Effect2.1 The conditions of the development permit must be complied with to thesatisfaction of Council’s delegated officer prior to the commencement of the useexcept where specified otherwise in these conditions of approval.2.2 Prior to the commencement of use, the applicant must notify Council that all theconditions of the development permit have been complied with, except wherespecified otherwise in these conditions of approval.Page 13

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009(3) General3.1 The applicant/developer is responsible for the cost of necessary alterations toexisting public utility mains, services or installations required by works in relationto the proposed development or any works required by the condition(s) of thisapproval.3.2 All payments required to be made to the Council (including contributions, chargesand bonds) pursuant to any condition of this approval must be made prior to theissue of a building permit (if no building permit required then prior to thecommencement of the use) and at the rate applicable at the time of payment.3.3 All works must be designed, constructed and carried out in accordance with theFNQROC Development Manual requirements (as amended) and to thesatisfaction of Council’s delegated officer.3.4 Waste ManagementAn on site refuse storage area must be provided and be screened from view fromadjoining properties and road reserve by a 1 metre wide landscaped screeningbuffer or 1.8m high solid fence.Where bulk bins are used and are to be serviced on-site, certification by aRegistered Professional Engineer Queensland (RPEQ) must be provided toCouncil which demonstrates that internal access is of adequate design andconstruction to allow waste collection/delivery vehicles to enter and exit the site ina forward gear, prior to the commencement of the use.(4) Infrastructure Services and Standards4.1 AccessA commercial access crossover must be constructed (from the edge of the roadpavement to the property boundary of the subject lot) in accordance with theFNQROC Development Manual, to the satisfaction of Council’s delegated officer.The developer must ensure that any redundant vehicle crossovers are removedand reinstated with kerb and channel.4.2 StormwaterPrior to the issue of the Development Permit for Operational Works:(a)(b)The design and construction of stormwater drainage for the proposeddevelopment is to be in accordance with the requirements of theQueensland Urban Drainage Manual (QUDM) 1992 and the FNQROCDevelopment Manual. A Stormwater Drainage Plan satisfying theserequirements must be lodged with Council and is to be to the satisfaction ofCouncil’s delegated officer.All stormwater drainage must be collected from site and discharged to anapproved legal point of discharge.Page 14

TRCTablelands Regional Council - Minutes Wednesday 20 May 20094.3 Car Parking/Internal DrivewaysThe developer must ensure that the development is provided with a minimum ofthree (3) on-site car parking spaces which are available solely for the parking ofvehicles associated with the use of the premises. All car parking spaces must bepaved, concreted or bitumen sealed, line-marked and appropriately drained priorto the commencement of the use, to the satisfaction of Council's delegatedofficer.Prior to works commencing, the developer must submit engineering plans andspecifications for the construction of proposed car parking facilities and internaldriveways demonstrating:- Compliance with Australian Standard AS2890:1 Off Street Parking – CarParking Facilities;- Compliance with Australian Standard AS1428:2001 – Design for Accessand Mobility;- A sign must be erected in proximity to the access driveway indicating theavailability of on-site car parking.4.4 Landscaping and FencingPrior to the issue of the Development Permit for Building Works, a detailedlandscape plan must be prepared for the site and submitted to Council’sdelegated officer for consideration and approval. The plan is to include thefollowing:- Solid fencing 1.8m in height, extending 45m along the side boundaries ofthe site from the road frontage to the rear of the detached carport toprovide screening to adjoining residential properties;- Planting of shade trees and screening adjacent to parking areas;- Lawn between the footpath and kerb and channel on Cook Street; and- All landscaped areas must be mulched and irrigated.4.5 LightingWhere outdoor lighting is required the developer shall locate, design and installlighting to operate from dusk to dawn within all areas where the public will begiven access, which prevents the potential for light spillage to cause nuisance toneighbours and must be provided in accordance with Australian Standard 1158.1– Lighting for Roads and Public Spaces.Illumination resulting from direct, reflected or other incidental light emanating fromthe subject land does not exceed 8 lux when measured at any point 1.5m outsidethe property boundary of the subject site. The lighting fixtures installed on sitemust meet appropriate lux levels as documented within Australian Standard 4282– Control of the Obtrusive Effects of Outdoor Lighting.The design is to integrate the principles of Crime Prevention throughEnvironmental Design (CPTED) theory. Lighting design is to illuminate potentialareas of concealment and is to project illumination so that a human face is easilydiscernible from 15 metres and there is to be sufficient night lighting, whichrenders people, colours, vegetation and objects correctly. i.e. ‘white’ light.Particular attention should be given to pathways, driveways and commonexternal spaces.Page 15

TRCTablelands Regional Council - Minutes Wednesday 20 May 20094.6 Frontage WorksThe developer is required to construct the following works, designed inaccordance with the FNQROC Development Manual standards (as amended) forthe applicable planning scheme area to the satisfaction of Council’s delegatedofficer:-4.6.1 A 2 metre wide concrete footpath must be constructed along the fullfrontage of Lot 1 on RP708590 to the satisfaction of Council’s delegatedofficer;4.6.2 Footpath earthworks, topsoiling and turfing reinstatement of all disturbedfootpath areas; and4.6.3 Adjustments and relocations necessary to public utility services resultingfrom these works.Prior to works commencing, plans for the works described above must beapproved as part of an Operational Works application.4.7 Water SupplyThe subject site has a credit for a standard 20mm water connection. Should thedevelopment require a larger connection an additional charge will be required tobe paid. An application for a Water Meter Service with the applicable fee isrequired to be lodged with Council prior to the installation of the meter by Council.4.8 Water HeadworksThe developer must pay a contribution for an Equivalent Population (EP) of 0.6for water supply headworks to Council in accordance with Atherton ShireInfrastructure Charges Plan (Water Supply & Sewerage) at the rate applicable attime of payment.4.9 Sewerage HeadworksThe developer must pay a contribution for an Equivalent Population (EP) of 0.6for sewerage headworks to Council in accordance with Atherton ShireInfrastructure Charges Plan (Water Supply & Sewerage) at the rate applicable attime of payment.(D)ADVICE(a)Compliance with applicable codes/policies:The development must be carried out to ensure compliance with the provisions ofCouncil’s Local Laws, Planning Scheme Policies, Planning Scheme and PlanningScheme Codes to the extent they have not been varied by a condition of this approval.(b)Advertising signage for the proposed development may require a Development Permitfor Operational Works. The applicant should confirm with a Council Planning Officerprior to installing any advertising signage on the premises.Page 16

TRC(c)Tablelands Regional Council - Minutes Wednesday 20 May 2009Compliance with Acts and Regulations:The use of the building must comply with the Building Act and all other relevant Acts,Regulations and Laws, and these approval conditions."CARRIEDITEM-6 D KELLAHAN (NORTH QUEENSLAND FUEL PTY LTD) -DECISION NOTICE - MATERIAL CHANGE OF USE - (SERVICESTATION, RESTAURANT & EXTENSION OF EXISTING SHOP)- LOT 2 ON RP740256, PARISH OF CAIRNS - 2 KOAH ROAD,KOAH - MCU/08/0048Moved by Cr JensenSeconded by Cr Sorensen"That in relation to the application lodged with Council on 7 October 2009 by D Kellahan (NorthQueensland Fuel Pty Ltd) for Material Change of Use in respect of Lot 2 on RP740256 Parish ofCairns, located at 2 Koah Road, Koah:In accordance with the Integrated Planning Act 1997 as amended, the applicant be notified that theapplication for a Development Permit for Material Change of Use for premises described in (A)herein is approved subject to conditions listed in (B) and (C) and advice listed in (D).(A)DETAILS OF PREMISES AND APPROVED USELOCATION:PROPERTY DESCRIPTION:AREA OF LAND:MATERIAL CHANGE OF USE:APPROVED PLANS:2 Koah Road, KoahLot 2 on RP740256, Parish of Cairns3,999 square metresService Station, Restaurant & Extension of ExistingShopSK-02D - Site PlanSK-03A - Detail & Elevations(B)ASSESSMENT MANAGER’S CONDITIONS (COUNCIL)(1) Development must be carried out substantially in accordance with the approved plansand the facts and circumstances of the use as submitted with the application, subject toany alterations:(a)(b)found necessary by the Council’s delegated officer at the time of examination ofthe engineering plans or during construction of the development because ofparticular engineering requirements; andto ensure compliance with the following conditions of approval.Page 17

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009(2) Timing of Effect2.1 The conditions of the development permit must be complied with to thesatisfaction of Council’s delegated officer prior to the commencement of the useexcept where specified otherwise in these conditions of approval.2.2 Prior to the commencement of use, the applicant must notify Council that all theconditions of the development permit have been complied with, except wherespecified otherwise in these conditions of approval.2.3 Prior to the commencement of use, the applicant must provide a letter from theDepartment of Main Roads confirming that all conditions of that Department havebeen complied with to the Department's satisfaction.(3) General3.1 The applicant/developer is responsible for the cost of necessary alterations toexisting public utility mains, services or installations required by works in relationto the proposed development or any works required by the condition(s) of thisapproval.3.2 All payments required to be made to the Council (including contributions, chargesand bonds) pursuant to any condition of this approval must be made prior to theissue of a building permit (if no building permit required then prior to thecommencement of the use) and at the rate applicable at the time of payment.3.3 All works must be designed, constructed and carried out in accordance with theFNQROC Development Manual requirements (as amended) and to thesatisfaction of Council’s delegated officer.3.4 Noise NuisanceRefrigeration equipment, pumps, compressors and mechanical ventilationsystems must be located, designed, installed and maintained to achieve amaximum noise level of 3dB(A) above background levels as measured fromnoise sensitive locations and a maximum noise level of 8dB(A) abovebackground levels as measured from commercial locations.Install and maintain suitable screening to all air conditioning, lift motor rooms,plant and service facilities located at the top of or on the external face of thebuilding. The screening structures must be constructed from materials that areconsistent with materials used elsewhere on the facade of the building. There areto be no individual external unscreened air conditioning units attached to theexterior building facade.3.5 Waste Management(a)(b)An on site refuse storage area must be provided and be screened fromview from adjoining properties and road reserve by a 1 metre widelandscaped screening buffer or 1.8m high solid fence.Certification by a Registered Professional Engineer Queensland (RPEQ)must be provided to Council which demonstrates that internal access is ofadequate design and construction to allow waste collection/deliveryvehicles to enter and exit the site in a forward gear.Page 18

TRCTablelands Regional Council - Minutes Wednesday 20 May 20093.6 Bushfire Hazard(a)(b)Buildings and Structures are connected to a reticulated water supply with aminimum flow and pressure of 10 litres a second and 200kPa OR providedwith a source of water for fire fighting purposes of not less than 5,000 litres.This may be satisfied by the provision of an accessible dam, swimmingpool or tank. In the case of a tank supply, delivery of the water should beprovided through a 50mm Camlock fitting. The outlet from the tank watersupply or the dam/pool shall be located within an accessible position within40 metres from the buildings.A Bushfire Management Plan will be prepared in accordance withAppendix 8 of State Planning Policy 1/03 - Mitigating the Adverse Impactsof Flood, Bushfire and Landslide to the satisfaction of Council's delegatedofficer. The approved use must comply with the requirements of theManagement Plan at all times.(4). Infrastructure Services and Standards4.1 Stormwater Drainage(a)(b)(c)(d)(e)The design and construction of stormwater drainage for the proposeddevelopment is to be in accordance with the requirements of theQueensland Urban Drainage Manual (QUDM) 1992 and the FNQROCDevelopment Manual. Prior to the commencement of any works requiredunder this approval, a Stormwater Drainage Plan satisfying theserequirements must be lodged with Council and is to be to the satisfaction ofCouncil’s delegated officer.All stormwater drainage must be collected from site and discharged to anapproved legal point of discharge.No net increase in stormwater discharge rate will be permitted from theDevelopment. The applicant must include Water Sensitive Design solutionsfor the control of stormwater on the subject-site.Demonstrate that the subject site is capable of being drained of its potentialroof water without affecting adjoining lots. Where roofwater from thesubject site cannot be drained to the street an inter-allotment drainagecollection system must be provided.The stormwater drainage design and construction is to be certified by anREPQ engineer.4.2 Car Parking/Internal Driveways(a)(b)The developer must ensure that the development is provided with aminimum of 17 additional on-site car parking spaces which are available foruse solely for the parking of vehicles associated with the use of thepremises. All car parking spaces must be sealed, line-marked andappropriately drained prior to the commencement of the use, to thesatisfaction of Council's delegated officer.Disabled car parking spaces must be sign posted.Page 19

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009(c)Prior to works commencing, the developer must submit engineering plansand specifications for the construction of proposed car parking facilities andinternal driveways demonstrating:• Compliance with Australian Standard AS2890:1 Off Street Parking –Car Parking Facilities;• Compliance with Australian Standard AS2890.3 Bicycle ParkingFacilities (if required);• Compliance with Australian Standard AS1428:2001 – Design forAccess and Mobility.4.3 Landscaping and Fencing(a)Prior to the commencement of the use, a landscape plan must be preparedfor the site and submitted to Council's delegated officer for considerationand approval. The plan is to include the following:• Landscaping generally in accordance with Site Plan SK-02D;• All of the landscaped areas must be mulched and irrigated.(b)The landscaping of the site must be carried out in accordance with theendorsed landscaping plan, and irrigated, mulched and maintained to thesatisfaction of Council's delegated officer.4.4 LightingWhere outdoor lighting is required the developer shall locate, design and installlighting to operate from dusk to dawn within all areas where the public will begiven access, which prevents the potential for light spillage to cause nuisance toneighbours and must be provided in accordance with Australian Standard 1158.1– Lighting for Roads and Public Spaces.Illumination resulting from direct, reflected or other incidental light emanating fromthe subject land does not exceed 8 lux when measured at any point 1.5m outsidethe property boundary of the subject site. The lighting fixtures installed on sitemust meet appropriate lux levels as documented within Australian Standard 4282– Control of the Obtrusive Effects of Outdoor Lighting.4.5 Water SupplyThe applicant must demonstrate that the on-site water supply is potable and asufficient supply for the proposal. Water quality must be of a standard for drinkingwater set by the Australian Drinking Water Guidelines 1996 (NHMRC),ARMCANZ. The applicant must provide at least three water test results withinone month (not within 5 days of each other) and one every 12 months thereafterdemonstrating compliance with the Australian Drinking Water Guidelines 1996.4.6 On-Site Wastewater ManagementThe applicant must provide a site and soil evaluation report (or an evaluationreport where existing on-site disposal), prepared by an accredited site and soilevaluator, demonstrating the ability of the subject land to accommodate an onsiteeffluent disposal system in compliance with the latest version of On-SitePage 20

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction ofthe Council’s delegated officer.(C)REFERRAL AGENCY RESPONSESDepartment of Main Roads conditions dated 15 April 2009 (attached to these Minutes asAppendix 3).Department of Infrastructure and Planning Conditions dated 13 January 2009 (attached tothese Minutes as Appendix 4).Environmentally Relevant Activity conditions from Environmental Section of TablelandsRegional Council (attached to these Minutes as Appendix 5).(D)ASSESSMENT MANAGER’S ADVICE(1) In carrying out the activity the applicant must take all reasonable and practicablemeasures to ensure that no harm is done to Aboriginal cultural heritage (the “culturalheritage duty of care”). The applicant will comply with the cultural heritage duty of careif the applicant acts in accordance with gazetted cultural heritage duty of careguidelines. An assessment of the proposed activity against the duty of care guidelineswill help determine whether or to what extent Aboriginal cultural heritage may beharmed by the activity. Further information on cultural heritage, together with a copy ofthe duty of care guidelines and cultural heritage search forms, may be obtained fromwww.nrw.qld.gov.au.(2) Food PremisesPremises proposed for the storage and preparation, handling, packing or service offood must comply with the requirements of the Food Act 2006.(3) The change in the use of the building may also require a change in the classification ofthe building under the Building Act. The applicant is advised to contact a BuildingCertifier to establish if a change in the classification of the building is required."CARRIEDITEM-7 U FAVARO - DECISION NOTICE - RECONFIGURING A LOT (2LOTS INTO 4) - LOT 1 & LOT 2 ON SP180671, PARISH OFBORNEO - BOONMOO ROAD, DIMBULAH - REC/08/0076Moved by Cr PedersenSeconded by Cr McGrath"That in relation to the application lodged with Council on 1 May 2008 by U Favaro forReconfiguring a Lot in respect of Lots 1 & 2 on SP 180671, Parish of Borneo, located at BoonmooRoad, Dimbulah, Council approve the application and officers provide a report to the next OrdinaryCouncil meeting setting out the conditions of approval."CARRIEDPage 21

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ITEM-8 WANGAN INVESTMENTS - REQUEST TO ISSUEACKNOWLEDGMENT NOTICE - LOT 300 ON RP743571-RANKINE MILL ROAD, MALANDA - IDAS39/08Moved by Cr SorensenSeconded by Cr Linwood"That in relation to the application lodged with Council by Wangan Investments Pty Ltd under thesuperseded Planning Scheme for the former Eacham Shire for a Material Change of Use for thefollowing self assessable General Industry zone land uses:- Bulk Store, Machinery Repair Station,Warehouse, Light Industry (restricted to Builders workshop and yard, Builders supply depot,Contractors yard, workshops - (light) and Timber yard (no logs) only, provided the gross floor areaof any individual use does not exceed 2000 sq m) in respect of Lot 300 on RP 743571 located atRankine Mill Road, Malanda:(1) Council issue an Acknowledgement Notice under the provisions of Section 3.2.5(1)(a)ofthe Integrated Planning Act to Wangan Investments Pty Ltd advising that developmentmay proceed as if the development were to be carried out under the superseded PlanningScheme for the former Eacham Shire for the following self-assessable land uses only:-Bulk Store, Machinery Repair Station, Warehouse, Light Industry (restricted to Buildersworkshop and yard, Builders supply depot, Contractors yard, workshops - (light) andTimber yard (no logs) only), provided the gross floor area of any individual use does notexceed 2000 sq m, and, in accordance with Plan 9779-3 as submitted with the application,and, subject to compliance with the self-assessable requirements of the relevant parts ofthe Superseded Planning Scheme.(2) The Acknowledgement Notice will include the following Advice statement: In accordancewith the provisions of Section 3.2.5(5) of the Integrated Planning Act 1997, thedevelopment must occur within 4 years of the issue date of this AcknowledgementNotice."CARRIEDITEM-9 SEASON'S COFFEE GARDEN - APPLICATION FORSATELLITE CELLAR DOOR - LOT 2 ON RP727346 - 13A HORTSTREET, MAREEBAMoved by Cr McGrathSeconded by Cr Pedersen"That Council offer no objection to the issue of a Satellite Cellar Door (Hunting Lodge Estate)Licence over Season's Coffee Garden on land described as Lot 2 on RP727346, Parish of Tinaroo,situated at 13A Hort Street, Mareeba."CARRIEDITEM-10 B & C CIOBO - REQUEST TO EXTEND CURRENCY PERIOD -RECONFIGURING A LOT (1 INTO 7 LOTS) - LOT 389 ONCP902751 - 19 KOWA STREET, MAREEBA - RC2005/28Moved by Cr McGrathSeconded by Cr PedersenPage 22

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009"That Council approve a six (6) month extension to the currency period for reconfiguration of landDevelopment Permit RC2005/28."CARRIEDITEM-11Moved by Cr McGrathBRYCE PROPERTIES PTY LTD - REQUEST TO EXTENDCURRENCY PERIOD - RECONFIGURING A LOT (1 INTO 4LOTS) - LOT 159 ON HG685, PARISH OF BORNEO - RN 65355BURKE DEVELOPMENTAL ROAD, DIMBULAH - REC/06/0056Seconded by Cr Pedersen"That Council approve a twelve (12) month extension to the currency period for reconfiguration ofland Development Permit REC/06/0056."CARRIEDITEM-12Moved by Cr PedersenWJ & PM WAUGH - APPLICATION TO RENEW SPECIALLEASE 1/52214 - LOT 442 ON NR8077, PARISH OF BARRON -KENNEDY HIGHWAY, UPPER BARRONSeconded by Cr Adams"That Council offer no objection to the renewal of Special Lease 1/52214 over land described asLot 442 on NR8077, situated at Kennedy Highway, Upper Barron, via Atherton."CARRIEDITEM-13Moved by Cr AdamsBOLWARRA ENTERPRISES PTY LTD T/A WONGABELQUARRIES 'N' CONCRETE - TEMPORARY CHANGE OFHOURS OF OPERATION - USE OF PUG MILL - LOT 1 ONRP732730 - LOT 1 WONGABEL ROAD, ATHERTON - IPA99-30Seconded by Cr Jensen"That in relation to the Council resolution of 6 May 2009 (Item-9) and following furtherrepresentations made by Bolwarra Enterprises for the temporary change to the operating hours ofWongabel Quarries, Council approve the temporary change of operating hours subject to thefollowing conditions:(a)(b)(c)(d)(e)The temporary change to the hours of operation is for six (6) nights only (not including Fridayto Sunday) between 25 May 2009 and 30 June 2009 from 10.00pm to 3.00am.Approved activity – pugging road base (adding cement to road base).Equipment – pug mill, front end loader, 4 semi tipper trucks.Transport Route – Wongabel Road to Kennedy Highway.Noise management – extension to the fence line of the existing dirt buffer wall located onboundary closest to nearest neighbouring residence and audible measuring devise on pugmill to be disarmed and manual system used."CARRIEDPage 23

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009Page 24

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ITEM-14 HVL CHRISTENSEN - APPROVAL UNDER THEENVIRONMENTAL PROTECTION AND BIODIVERSITYCONSERVATION ACT 1999 - RECONFIGURING A LOT - LOT13 ON SP103852, LOT 15 ON SP103854 & LOT 16 ONSP103855, PARISH OF FORMARTINE - 138 MYOLA ROAD,KURANDA - REC/06/0072Moved by Cr JensenSeconded by Cr Pedersen"That in relation to the advice received from the Commonwealth Department of Environment,Water, Heritage and the Arts that Council has been nominated as the covenantee in respect of anapproval proposed to be granted under the Environmental Protection and BiodiversityConservation Act 1999 for the reconfiguration of land described as Lot 13 on SP103852, Lot 15 onSP103854 and Lot 16 on SP103855, Parish of Formartine, situated at 138 Myola Road, Kuranda,Council advise the Department of the Environment, Water, Heritage and the Arts that:1. Council has no objection to being named as a Covenantee for the statutory covenantsnominated in Conditions 1, 2, 4 and 9 of the Proposed Approval EPBC 2008/4394 dated8 May 2009, and2. Any rehabilitation of road reserves as required under proposed Condition 3(b) must beconsistent with Section D9 - Landscaping of the FNQROC Development Manual."CARRIEDADHOC-2Moved by Cr SorensenIMPOUNDING OF CATTLESeconded by Cr Pedersen"That Council reimburse to Mr D Johnson the cost of transporting his recently impounded cattlefrom Wondecla to Mareeba and return to his property, and a similar reimbursement be made forcattle which were impounded at Watsonville and also taken to the Mareeba Pound yard;AND FURTHER that:1. officers provide a report on the practicality of having a central pound facility for theimpounding of cattle within the Tablelands Regional Council area or whether there should bea number of such facilities throughout the region (including the use of privately owned yards);2. should it be more cost effective to have one central pound facility, the report also providepolicy guidance on refunding the cost of transporting cattle when returned to the owner."CARRIEDADHOC-3Moved by Cr McGrathWEEDS OF NATIONAL SIGNIFICANCESeconded by Cr Linwood"That Council nominate Sporobolus pyramidalis and S. natalensis commonly known as Giant Rat'sTail Grass for inclusion on the Weeds of National Significance register."CARRIEDPage 25

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009MORNING TEA ADJOURNMENTThe meeting adjourned for morning tea at 10:30am and resumed at 10:46am.CLOSURE OF MEETINGMoved by Cr AdamsSeconded by Cr Sorensen"That in accordance with Section 463(1)(c) and (b) of the Local Government Act 1993, the Meetingbe closed to the public at 10:47am to discuss matters relative to:Council's budget; andindustrial matters affecting Council employees."CARRIEDOPENING OF MEETINGMoved by Cr AdamsSeconded by Cr Linwood"That the meeting be opened at 11:48am."CARRIEDADHOC-4Moved by Cr AdamsDOG REGISTRATION FEESSeconded by Cr Pedersen"That the Schedule of Fees and Charges be amended to provide that the registration fee for anentire dog be $30.00 for those persons on a full aged pension or equivalent."CARRIEDITEM-23Moved by Cr McGrathORGANISATIONAL STRUCTURE REVIEWSeconded by Cr Jensen"That Council:1. enter into a contract with the Michael Goode Consulting Group for the purpose of reviewingthe existing organisational structure of Council and implementing a new structure, for aperiod of 14 weeks from 29 June to 3 October 2009;2. authorise the Chief Executive Officer to negotiate with Michael Goode Consulting Group onthe cost of the review;3. not seek quotes for this service as required by Section 485 of the Local Government Act1993, (LGA), and Council's procurement policy, based on the exemption specified inSection 486(3)(b) of the LGA."CARRIEDPage 26

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ATTENDANCE AT MEETINGMs Suzie Baynton of Black Mountain Hideaway and Mr Warwick Tierney representing FreeformCollective and supporters of the Cairns Winter Solstice Festival & Lifestyle Gathering attended themeeting at 11:50am.Ms Baynton addressed Council in relation to the proposed Winter Solstice Festival to be held onher property Black Mountain Hideaway at Julatten from 12 to 15 June 2009.Mr Tierney also addressed Council regarding the proposed Festival and provided backgroundinformation concerning the Festival for Council's consideration.Ms Baynton, Mr Tierney and supporters left the meeting at 12:20pm.ITEM-15APRIL 2009 MONTHLY REPORT - GENERAL MANAGERENVIRONMENT & DEVELOPMENTMoved by Cr PedersenSeconded by Cr McGrath"That Council adopt the Monthly Report for April 2009 submitted by the General ManagerEnvironment and Development."CARRIEDENVIRONMENTAL SERVICESITEM-16THE GRAHAM HOTEL - REQUEST FOR EXTENSION OFLICENSED AREA FOR RODEO PROCESSION NIGHT - 10JULY 2009Moved by Cr McGrathSeconded by Cr Adams"That Council approve the request by The Graham Hotel to extend its licensed area to include thefootpath for Rodeo Procession night on 10 July 2009, subject to the following conditions:• Any other applicable permits are obtained from the relevant authorities.• The extended area is limited to the hours of 6.00pm to 10.00pm on Friday 10 July 2009 or asdirected by the Queensland Police Service.• Public Liability Insurance is current and indemnifies the Council for the extended area and acertificate of currency demonstrating this is to be provided to Council.• The safe and unimpeded movement of pedestrians is to be guaranteed.• Ensure sufficient security is in place and that due care will be taken with regard to publicsafety."Cr Jensen voted against the motion.CARRIEDPage 27

TRCITEM-17Tablelands Regional Council - Minutes Wednesday 20 May 2009APPLICATION TO BE RECOGNISED AS A REEF GUARDIANCOUNCILMoved by Cr McGrathSeconded by Cr Pedersen"That Council receive the report entitled 'Application to be Recognised as a Reef Guardian Council'submitted by the Manager Health & Environment."The following motion was then put:LOST ON THE MAYOR'S CASTING VOTEMoved by Cr JensenSeconded by Cr Sorensen"That Council apply to the Great Barrier Reef Marine Park Authority to be recognised as a ReefGuardian Council."CARRIED ON THE MAYOR'S CASTING VOTEITEM-18Moved by Cr AdamsSANITARY RESERVESSeconded by Cr Williams"That Council:1. Reduce the acceptance of waste disposed of at the Herberton and Peeramon SanitaryReserves to animal carcasses and other approved emergency disposal requests as of 1 July,2009.2. Advise relevant waste disposal contractors of the changes.3. Develop over the next two years, a Post Closure Care Plan for the Herberton and PeeramonSanitary Reserves."CARRIEDINDUSTRY & LOCAL LAWSITEM-19Moved by Cr AdamsCADET BUILDING CERTIFIERSeconded by Cr Linwood"That Council agree to the appointment of a Cadet Building Certifier as provided in the currentorganisational structure, in the 2009/10 financial year."CARRIEDPage 28

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ADMINISTRATIONITEM-20 DEPARTMENT OF EMPLOYMENT, ECONOMICDEVELOPMENT & INNOVATION - FORUM - 29 MAY 2009Resolved"That Council nominate Cr Sorensen to attend the Department of Employment, EconomicDevelopment & Innovation forum to be held in Cairns on 29 May 2009,AND FURTHER that if any other Councillors wish to attend, they notify Val Pead-Lewis to arrangefor registration."CARRIEDITEM-21 LOCAL GOVERNMENT BILL 2009Moved by Cr PedersenSeconded by Cr Linwood"That Council receive and note the report entitled 'Proposed Amendments to the LocalGovernment Bill 2009' submitted by the Chief Executive Officer."CARRIEDITEM-22Moved by Cr AdamsAPRIL 2009 MONTHLY REPORT - GENERAL MANAGEREXECUTIVE SERVICESSeconded by Cr Pedersen"That Council adopt the Monthly Report for April 2009 submitted by the General ManagerExecutive Services."CARRIEDCr Gilmore requested that his congratulations be recorded for ATGIS receiving a commendation atthe Australian Government Excellence in eGovernment awards.BUDGET, FINANCE & AUDITITEM-24 WARRANT REPORT - APRIL 2009Moved by Cr LinwoodSeconded by Cr Pedersen"That Council receive and adopt the Warrant Report for April 2009 submitted by the GeneralManager Financial Services."CARRIEDPage 29

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ITEM-25 FINANCIAL REPORT - APRIL 2009Moved by Cr McGrathSeconded by Cr Linwood"That Council receive and note the Financial Report for April 2009 submitted by the GeneralManager Financial Services."CARRIEDITEM-26APRIL 2009 MONTHLY REPORT - GENERAL MANAGERFINANCIAL SERVICESMoved by Cr PedersenSeconded by Cr Linwood"That Council adopt the April 2009 Monthly Report submitted by the General Manager FinancialServices."CARRIEDLUNCH ADJOURNMENTThe Meeting adjourned for lunch at 12:50pm and resumed at 1:19pm.SPORT, RECREATION, ARTS, CULTURE & COMMUNITY DEVELOPMENTITEM-27RAVENSHOE TOWN HALL - REPLACEMENT OF GUTTERSAND AWNINGMoved by Cr LinwoodSeconded by Cr Adams"That Council request the General Manager Community Services to allocate Capital Funding in the2009/2010 Capital Budget to carry out the following works on the Ravenshoe Town Hall in the newfinancial year:1. replacement of all downpipes estimated to be $3,500.00;2. replacement of box gutters estimated to be $12,390.00;3. replacement of the roof and awning of the Ravenshoe Town Hall estimated to be $23,219.00;AND FURTHER that the amount budgeted for work to be carried out at the Herberton Depot bere-allocated to this project.”CARRIEDPage 30

TRCITEM-28Tablelands Regional Council - Minutes Wednesday 20 May 2009RADF COMMITTEE RECOMMENDATIONSMoved by Cr SorensenSeconded by Cr Williams"That Council ratify the recommendations for the first round of RADF funding for 2008-2009 andaccept the following outcome reports as recommended by the Tablelands Regional Council RADFCommittee at their meeting on 11 May 2009:• Warwick Go Sam - Individual Recommended $2,000Developing a body of new art work for an exhibitionin 2010. Part payment of $4,200 requested.• Jonathan Whereat - Xplore Arts Festival Not Recommended $6,125Bring four guest artists to the Tablelands forworkshops for the Festival.• Lorraine Lewis - Tableland Folk Festival Recommended $1, 650To bring together local professional aboriginal peopleto be involved in the Yungaburra Folk Festival. Partpayment to cover material costs of $5,650 requested.• Joelle Baines- Jo Jo-ing Around Not Recommended $4,835'Moving Rainforests' entertainment to state schoolsacross the Tablelands as well as the Market SpringFestival Kuranda.• Deborah Bass - Atherton Performing Arts Recommended $1,120Employing two make up artists to conduct twoworkshops on theatre stage make-up.• Terrie Nicholson - Kuranda Film Society Recommended $2,550Venue hire and equipment for a one day Film festivalin November 2009.• Mecki Kracke - Individual Recommended $2,050Six Sunday workshops with local artists at theirstudios for Herberton Indigenous and Torres StraitIslander students.• Bek Honeyman - Individual Not Recommended $3,000Purchase of a Printing Press.• Mary Bolam - Chillagoe Alliance Not Recommended $5,000Towards artist's fees for life-size reproduction of'Dave the Elasmosaur'.• Graham Morrow - Individual Recommended $1,418Travel to Tasmania to attend the Harmony College tolearn conducting a chorus and orchestra, musicwriting, rhythm and movement.Outcome ReportsFinal Round 07 -08• Diane Russo - Not ApprovedPage 31

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009• Darryl Chaplain -Approved• Justin Killin - Approved on submission of receipts• Mary Bolam - ApprovedFirst Round 2008 -09• Ruth Beasley - Approved on submission of receipts• Ramona Barstys - Approved"CARRIEDITEM-29QUEENSLAND TOURISM INDUSTRY COUNCIL MEMBERSHIPFOR 2009/10Moved by Cr PedersenSeconded by Cr Adams"That in relation to the request by the Queensland Tourism Industry Council for Council to join theirorganisation as an associate member, Council not become an associate member of QueenslandTourism Industry Council for the 2009/10 financial year."CARRIEDITEM-30LAKESIDE MOTOR INN AND CARAVAN PARK - CAPITALWORKSMoved by Cr WilliamsSeconded by Cr Pedersen"That in relation to the proposal submitted by the Managers of Lakeside Motor Inn and CaravanPark for development works to be carried out at the Caravan Park, Council:endorse the works proposed by the Managers of Lakeside Motor Inn and Caravan Park toredevelop the Caravan Park which includes the demolition of the old Motel Units, installationof six (6) new powered sites, installation of a water line with six (6) new tap stands andsullage pits connected to sewerage, installation of Power Domes with lights to power the newsites and the construction of a driveway through to the new sites; andrequest the Managers of Lakeside Motor Inn and Caravan Park to obtain a third quote for thework to be carried out in demolishing the old Motel Units including asbestos removal, inaccordance with Council's purchasing policy prior to the works being carried out.”CARRIEDPage 32

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ITEM-31FINANCIAL IN-KIND SUPPORT PROGRAM APPROVALSMoved by Cr AdamsSeconded by Cr Williams"That Council:1. approve the following six requests for donations totalling $15,416 including one staffapproved request of $200.00; and2. approve one road closure for the Malanda Show.FINANCIAL DONATIONIn-KinMalanda State High School Parents and CitizensFinancial contribution – one-off• Australia Reader’s Cup competition at MalandaState High School on Friday 12 June 2009• $250.00 x 2 going to two of the winningSchool teams to offset some of their Transport costs $500.00Mareeba United Football ClubFinancial contribution – one-offNQ Fury will be playing in Mareebatentatively on 17 June 2009 -contribution towards accommodationand breakfast for players $1,000.00TOTAL OF FINANCIAL DONATIONS $1,500.00IN KIND SUPPORTFNQ Rotary Field Days – Additional RequestIn-kind support – one-off• Provide line markers to lay out thesites for the field Days at Walkamin $320.00TOTAL OF IN-KIND SUPPORT $320.00MIXED REQUESTSMalanda Show SocietyFinancial Contribution – ongoingNote: $12,000 was provided for the show last year• Prizes in Hall Section $200.00• Hire of 6 Porta loos $990.00• Hire speakers for grandstand $500.00• Hire bobcat for removing sawdust $400.00Total $2,090.00In-kind support – ongoing• Clean toilets $ 100.00• Pump out septic $ 100.00• Mowing $ 80.00• Fill gas bottles in kitchen $ 150.00• Organise power at Jack May Park $ 40.00• Erect road block signs $ 560.00• During show - vehicles and labour $1,310.00Page 33

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009• After show – vehicles and labour $ 400.00• Before show – vehicles and labour $5,990.00• Road closure $ 365.00Total $9,095.00 $11,185.00Rotary Club of Atherton – Taste of the TablelandsIn-kind support - ongoing• Generator $250.00• 200 chairs and 50 tables $287.00• Pick up and delivery $340.00• Deliver and pick up wheelie bins $334.00Total $1,211.00Financial contribution - ongoingFinancial contribution to be recognised asa major sponsor $1,000.00 $2,211.00$2,211.00TOTAL OF MIXED REQUESTS $13,396.00RATIFY STAFF APPROVED APPLICATIONAbundant Life Centre MareebaIn-kind support - ongoingJC Epidemic Motocross Event at Kerribee Park RodeoGrounds on 23 MayPut up banner and 3 signs $200.00TOTAL STAFF APPROVED $200.00"CARRIEDITEM-32 CONSIDERATION OF THE COMMUNITY JOBS PLANFUNDING APPLICATIONSMoved by Cr JensenSeconded by Cr Linwood"That Council offer “in principle support” for the Jobs Fund Project Funding for CommunityInfrastructure for the Atherton Chinatown/Old Post Office as a partnership project with the NationalTrust of Queensland and the refurbishment of the Old Kuranda School as a community hub as aTablelands Regional Council Project."CARRIEDITEM-33Moved by Cr AdamsAPRIL 2009 MONTHLY REPORT - GENERAL MANAGERCOMMUNITY SERVICESSeconded by Cr Linwood"That Council adopt the Monthly Report for April 2009 submitted by the General ManagerCommunity Services."CARRIEDPage 34

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009PLANT & WORKSITEM-34L194 ON NR3951 - B KRUYSSEN - REQUEST FORRECONSIDERATION OF COUNCIL'S PREVIOUS DECISION TOOBJECT TO PERMANENT ROAD CLOSURE FRONTING LOT194 ON NR3951, PARISH OF DANBULLA - PART OFUNNAMED ROAD OFF JEROME ROAD, LOCALITY OFDANBULLAMoved by Cr PedersenSeconded by Cr Williams"That in relation to a request from B Kruyssen for Council to reconsider its previous objection to thepermanent road closure over an area of Un-named Road adjoining Lot 194 on NR3951, Parish ofDanbulla, Council advise the Department of Environment and Resource Management that it wouldfavourably consider a new application made by the owners of Lot 194 on NR3951, Parish ofDanbulla to permanently close a strip of road reserve 6 metres wide and of area 1426m 2approximately, and fronting the western boundary of Lot 194, as detailed on plan TRC633/A15/05/09, provided all costs incurred in such a road closure application are borne by theapplicant, including survey costs and that Council also advise B Kruyssen of its decision tofavourably consider such a new application by the property owners of Lot 194 on NR3951, Parishof Danbulla."CARRIEDITEM-35FLEET 3031 - TOYOTA LANDCRUISER - ENGINE REPAIRSMoved by Cr LinwoodSeconded by Cr Pedersen"That Council receive the report entitled 'Fleet 3031 - Toyota Landcruiser - Engine Repairs'submitted by the Coordinator Fleet and Plant and note the repairs undertaken."CARRIEDITEM-36FLEET 5223 - WING MOWERMoved by Cr PedersenSeconded by Cr Adams"That Council receive the report entitled 'Fleet 5223 - Wing Mower' submitted by the CoordinatorFleet and Plant and note the action taken by the Foreman Malanda Parks and Gardens."CARRIEDPage 35

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ITEM-37FLEET 5005 - TRACTOR AND SLASHER DAMAGEMoved by Cr AdamsSeconded by Cr Pedersen"That Council receive the report entitled 'Fleet 5005 - Tractor and Slasher Damage' submitted bythe Coordinator Fleet and Plant and note the action taken."CARRIEDITEM-38TRAFFIC CALMING - CEDAR STREET, YUNGABURRAMoved by Cr WilliamsSeconded by Cr Sorensen"That Council list the proposed installation of two (2) speed cushion traffic calming devices onCedar Street Yungaburra for consideration in the 2009 - 2010 capital works program."CARRIEDATTENDANCECr Jensen left the meeting at 1:59pm.ITEM-39R THOMPSON - REQUEST TO NAME ROAD OFF STUDTROAD, MAREEBA ADJOINING LOT 3 ON RP703985Moved by Cr McGrathSeconded by Cr Pedersen"That in relation to the request by Mrs Ruth Thompson to name an unnamed road off Studt Road,Mareeba adjoining Lot 3 on RP703985, Council approve the naming of the unnamed roadadjoining Lot 3 on RP703985 as Keal Close."CARRIEDCr Jensen returned to the meeting at 2:01pm.CAIRNS WINTER SOLSTICE FESTIVALThe Manager Urban & Regional Planning reported to Council on further discussions he had withthe proponents of the Cairns Winter Solstice Festival and the investigations he had undertaken.Council was of the consensus that no further action could be taken until an application for materialchange of use was lodged or an application made for a temporary permit under the formerHerberton Shire Planning Scheme.Page 36

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ITEM-40 LOT 1 ON PER207409, PARISH OF WROTHAM -DEPARTMENT OF NATURAL RESOURCES AND WATER -REQUEST FOR A PERMIT TO OCCUPYMoved by Cr PedersenSeconded by Cr McGrath"That in relation to the application lodged with the Department of Natural Resources and Water fora permit to occupy over an area of about 502ha, 10km east of Wrotham Park Station, Council offerno objection to the issue of a permit to occupy over land described as Lot 1 on PER207409 Parishof Wrotham, for the purpose of grazing."CARRIEDITEM-41LOT 190 ON RP749629, PARISH OF TINAROO - SABIN ROADEAST - DEPARTMENT OF NATURAL RESOURCES & WATER -REQUEST FOR PERMIT TO OCCUPYMoved by Cr McGrathSeconded by Cr Pedersen"That in relation to the application lodged with the Department of Natural Resources and Water fora permit to occupy over an area of Sabin Road East adjoining Lot 190 on RP749629, Parish ofTinaroo, Council offer no objection to the issue of a permit to occupy over an area of Sabin RoadEast adjoining Lot 190 on RP749629, Parish of Tinaroo, for the purpose of grazing."CARRIEDITEM-42MARINELLI ESTATE, MAREEBA - DRAINAGEMoved by Cr McGrathSeconded by Cr Pedersen"That Council approve the release of $20,000.00 from Developers Contributions to carry outrectification works to existing stormwater pits in Marinelli Drive and Luisa Circuit, Mareeba toimprove underground drainage in the area."CARRIEDITEM-43RALEIGH STREET, DIMBULAH - RECONFIGURATION OFVACANT LAND FOR COMMERCIAL PURPOSESMoved by Cr PedersenSeconded by Cr McGrath"That Council accept Ergon Energy's offer for network connection services for the provision ofelectricity reticulation infrastructure to Council's development at Raleigh Street, Dimbulah for theadvised sum of $89,402.00 (exclusive of GST)."CARRIEDPage 37

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009ITEM-44MOREGATTA AND THERESA CREEK ROADS, MILLAAMILLAA - REQUEST TO INVESTIGATE ROAD SAFETY ANDMAINTENANCE CONCERNSMoved by Cr SorensenSeconded by Cr Jensen"That in relation to correspondence from the Millaa Millaa Falls Circuit Conveyance Committeeregarding road safety and maintenance concerns on Moregatta and Theresa Creek Roads, MillaaMillaa, Council authorise officers to undertake a Road Safety Review of Moregatta and TheresaCreek Roads, Millaa Millaa and report back to Council with the findings, deficiencies and aprioritised list of rectification works."CARRIEDITEM-45Moved by Cr LinwoodSTANWELL CORPORATION LIMITED - APPLICATION FORGRID LICENCE - WOOROORA ROAD, RAVENSHOESeconded by Cr Sorensen"That in relation to the application lodged by the Stanwell Corporation Ltd for a permit to install acattle grid in the Wooroora Road about 3 kms south of Millstream near the intersection of Lot 269on RP800548 and Lot 270 on RP749693, Council approve the issue of a permit for the installationof a cattle grid in the Wooroora Road near the intersection of Lot 269 on RP800548 and Lot 270 onRP749693 subject to:• The grid shall be T44 loading compliant, constructed and installed as shown on Departmentof Main Roads Drawing 1448, with the approaches constructed of good quality gravelapproved by Council.• A six (6) metre gateway, complete with a Council approved access road, shall be providedadjacent to the grid to permit livestock and heavy or oversize plant access around the grid."CARRIEDITEM-46Moved by Cr Sorensen10 MAIN STREET, ATHERTON - REQUEST TO REPAIRVEHICULAR ACCESS TO PROPERTYSeconded by Cr Jensen"That Council receive the report entitled '10 Main Street, Atherton - Request to Repair VehicularAccess to Property' submitted by the Manager Civil Works and advise the property owner thatCouncil has no objection to the construction work to repair the access being undertaken by theproperty owner on the understanding that Council will not contribute to the cost of the constructionwork."Cr Adams voted against the motion.CARRIEDPage 38

TRCITEM-47Tablelands Regional Council - Minutes Wednesday 20 May 2009G TAYLOR - REQUEST TO NAME NEW BRIDGE OVERWALSH RIVER AT LEADINGHAM CREEK ROAD, DIMBULAHMoved by Cr PedersenSeconded by Cr Linwood"That Council request officers to develop a policy in relation to naming new bridges and roadswithin the local government area of the Tablelands Regional Council,AND FURTHER that the matter of naming the bridge on Leadingham Creek Road be held overuntil such policy is developed."CARRIEDITEM-48Moved by Cr AdamsCOURIER SERVICESeconded by Cr Williams"That Council extend the existing contract with JCH Management for the provision of an InternalCourier Service until 30 June 2010 at the current agreed rate of $531.00 (including GST) per day."Cr Pedersen voted against the motion.CARRIEDMT MOLLOY WATER SUPPLYResolved"That Council officers provide a report to Council on the technical aspects associated with thechlorination of the Mt Molloy water supply."CARRIEDAUDIT - MAREEBA WATER SUPPLYCouncil requested that officers provide a report on the measures in place regarding the safety ofthe fluoridation process of the Mareeba water supply.ITEM-49Moved by Cr PedersenAPRIL 2009 MONTHLY REPORT - GENERAL MANAGERINFRASTRUCTURE SERVICESSeconded by Cr Adams"That Council adopt the April 2009 Monthly Report submitted by the General ManagerInfrastructure Services."CARRIEDPage 39

TRCITEM-50Tablelands Regional Council - Minutes Wednesday 20 May 2009APRIL 2009 MONTHLY REPORT - GENERAL MANAGER CIVILWORKSMoved by Cr PedersenSeconded by Cr McGrath"That Council adopt the April 2009 Monthly Report submitted by the General Manager CivilWorks."CARRIEDWATER & SEWERAGEITEM-51KOWROWA SEWERAGE - SUPPORT FUNDING PROGRAMMoved by Cr AdamsSeconded by Cr Pedersen"That Council receive the report entitled 'Kowrowa Sewerage - Support Funding Program'submitted by the Manager Water & Wastewater and Parks and Gardens, and further advice beprovided to Council in relation to:• calculation of Council's Equivalent Persons contribution of $405,000;• how the shortfall of $1.52m is to be funded;• how the Steiner School and Anglicare facility contributions are to be funded."CARRIEDITEM-52APRIL 2009 PROGRESS REPORT - DIMBULAH WATERSUPPLY UPGRADEMoved by Cr LinwoodSeconded by Cr Sorensen"That Council receive and note the Dimbulah Water Supply Upgrade - April 2009 Progress Report."CARRIEDITEM-53MAREEBA WASTEWATER TREATMENT PLANT UPGRADING- APRIL 2009 - MONTHLY REPORTMoved by Cr McGrathSeconded by Cr Pedersen"That Council receive and note the April 2009 monthly progress report on the upgrading of theMareeba Wastewater Treatment Plant."CARRIEDPage 40

TRCITEM-54Tablelands Regional Council - Minutes Wednesday 20 May 2009MALANDA SEWERAGE - APRIL 2009 PROGRESS REPORTMoved by Cr SorensenSeconded by Cr Linwood"That Council receive and note the report entitled 'Malanda Sewerage - April 2009 ProgressReport' prepared by the Project Consultant Brian Smyth."COUNCILLOR REPORTSCARRIEDITEM-55COUNCILLOR REPORTSResolved"That the following Councillor Reports be noted:1. Cr Shaaron Linwood - Division 2.2. Cr Chris Adams - Division 6.3. Cr Shaaron Linwood & Cr Chris Adams - Attendance at NQLGA Conference - Hughenden."CARRIEDITEM-56NOTED CORRESPONDENCEResolved"That the following correspondence be noted:1. Local Government Association of Queensland News Release - Rate Rises Justified in Upcoming Council Budgets2. Australian Local Government Association ALGA News - 8 May 20093. Letter from the Mareeba District Rodeo Association Inc - Agricultural Show Public Holiday."ATTENDANCECr Sorensen left the meeting at 3:39pm.CARRIEDITEM-57TENDER TRC - 20 MEDIUM STATION SEDANResolved"That Council hold over consideration of this matter and that the General Manager InfrastructureServices provide a further report on alternate vehicles that may satisfy the requirements of theIT Department."CARRIEDPage 41

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009BUSINESS WITHOUT NOTICEADHOC-5ALMADEN CEMETERYCr Pedersen reported he had received a request from Ron White that the Almaden Cemetery befenced and provided a quote for the fencing.Moved by Cr PedersenSeconded by Cr Adams"That provided funds are available in the cemetery reserve, Council supply materials for thefencing of the Almaden Cemetery."CARRIEDDIMBULAH LIONS FESTIVALCr Pedersen requested that the streets in Dimbulah be cleaned prior to the Lions Festival to beheld on 29-30 May 2009.Cr Sorensen returned to the meeting at 3:43pm.USE OF PRIVATE CONTRACTORSCr Pedersen requested that a report be provided regarding the allocation of Council work to privatecontractors.LGAQ SOCIAL POLICY REFERENCE GROUPCr Jensen reported on her attendance at the LGAQ Social Policy Reference Group meeting heldduring the previous week and that the major point of discussion was the implementation of 10 yearCommunity Plans as required under the proposed new Local Government Act.SUNSET PARK RECREATION PARK/FITNESS TRAIL - CEOLA DRIVE, MAREEBACr Jensen reported she had been contacted by residents in the Ceola Drive area regarding therecreation park and fitness trail proposed for Sunset Park in Ceola Drive, Mareeba and requestedthat the previous resolution concerning this matter be included on the Council meeting action list.STAFFING - CHRISTMAS/NEW YEARCr Jensen suggested that Council needs to consider the availability of a skeleton staff and Councilcontact arrangements over the Christmas/New Year period. The Chief Executive Officer advisedhe will be undertaking a review of staffing levels for the Christmas/New Year period.Page 42

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009FOOTPATH - JASPER STREET, MAREEBACr McGrath requested that work on the footpath in Jasper Street, Mareeba near Mareeba StateHigh School be undertaken during the June school holidays as the Mareeba State High School50th anniversary celebrations will be held in September.FOOTPATH - CONSTANCE STREET, MAREEBACr McGrath reported he had been contacted by Fr Rob Greenup of St Thomas's Church regardingthe footpath outside the Church in Constance Street, Mareeba.Cr McGrath requested that works be carried out in the September school holidays as St Thomas'sCatholic School is celebrating its centenary in October.Cr Jensen advised a meeting had been arranged with Fr Greenup for 3 June 2009.ADHOC-6MAINTENANCE - PARKS & GARDENSCr Williams reported that the Yungaburra Primary School was holding its 50th anniversarycelebrations on the weekend of 23-24 May 2009 and requested that the roadsides on the easternside of Yungaburra and Maud Kehoe Park be mowed.Discussion took place regarding the maintenance of parks and gardens generally, and in particularthat precedence should be given to the upkeep of the main streets and entrances to the region'stowns.Resolved"That until such time as the Parks and Gardens Strategy is adopted by Council and priorities forexpenditure of the Parks and Gardens budget are determined, Council request the Parks andGardens division to give precedence to the maintenance of the main streets and entrances to theregion's towns."ATTENDANCECARRIEDCr Pedersen left the meeting at 4:04pm.ADHOC-7WALKAMIN FIELD DAYSCr Adams requested that Council's water truck be made available to minimise dust along CarbeenRoad, Walkamin during the week prior to and after the Field Days to be held at Walkamin on27-28 May 2009.Resolved"That Council approve the water truck undertaking work to minimise dust along Carbeen Road,Walkamin during the week prior to and following the Walkamin Field Days to be held on 27-28 May2009, the cost of which is to be allocated from either the financial and in-kind support budget orfrom the road maintenance budget."CARRIEDPage 43

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009Cr Pedersen returned to the meeting at 4:07pm.ADHOC-8'NO DOGS' SIGNSCr Adams reported on workplace health & safety concerns to Parks & Gardens staff whoundertake work in Main Street, Atherton and Chinatown in relation to dog droppings and requestedthat Council consider installing 'no dogs' signs in Main Street, Atherton, Chinatown and other parksthroughout the region.Resolved"That this matter be considered in the Parks and Gardens Strategy."CARRIEDPARKING SILO CENTRAL SHOPPING CENTRE, ATHERTONCr Adams requested that Council, through the Traffic Advisory Committee, erect 'no parking' and'10 minute parking' signs on Gill Street and Hopkins Street, Atherton.NQLGA CONFERENCECr Adams expressed his thanks to Council for allowing Cr Linwood and him to attend the NQLGAConference in Hughenden on 6-9 May 2009.ADHOC-9LANDSCAPING - SUBDIVISIONSCr Linwood queried whether Council could request developers to maintain the landscaping ondevelopments such as the subdivision opposite the Atherton International Club.Resolved"That Council request the Manager Urban & Regional Planning to provide clarification regardingthe requirement for the developer to maintain the landscaping on the Kennedy Highway frontage ofthe Country View Estate development at Atherton."CARRIEDGARDEN COMPETITIONSCr Linwood queried whether Council will be conducting garden competitions throughout the regionthis year, as they had been organised by the former Atherton and Eacham Councils in the past inAtherton and Malanda.Page 44

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009The Mayor reported he will be meeting with representatives from the Lotus Glen Correction Centreon Tuesday 26 May 2009 regarding the development of gardens throughout the region.The Chief Executive Officer will investigate what was organised throughout the region last year andwhether any funding is available. The Chief Executive Officer will also speak to Council's EventsOfficer regarding the inclusion of garden competitions in the Events Schedule in consultation withGarden Clubs throughout the region.TROPICAL NORTH QUEENSLAND SUSTAINABLE REGIONS INITIATIVECr Sorensen reported on her attendance the Tropical North Queensland Sustainable RegionsInitiative meeting on 24 April 2009.ADHOC-10Moved by Cr SorensenDEVELOPMENT APPLICATION - KOAH ROADHOUSESeconded by Cr Jensen"That Council write to the Department of Main Roads expressing its concerns regarding theDepartment's requirement for a barrier fence to be installed along the frontage to the KennedyHighway as a condition of approval of the application for Material Change of Use in respect of Lot 2on RP740256, Parish of Cairns, situated at 2 Koah Road, Koah."CARRIEDSPEED LIMIT SIGN - HERBERTON ROAD, ATHERTONThe Mayor requested that the Traffic Advisory Committee investigate the request by the owner ofthe Woodlands Caravan Park to relocate the 80kph sign on Herberton Road, Atherton to an areasouth of the access road into the Woodlands Caravan Park.CARRIEDIRVINEBANK/WATSONVILLE/WALSH RIVER INSPECTIONSResolved:"That Council meet with the Irvinebank Progress Association and residents of Walsh River andWatsonville on Sunday, 14 June 2009."CARRIEDINVITATION FROM COOK SHIRE COUNCILThe Mayor reported he had received an open invitation for Council to visit the Cook Shire and thatthe Cook Shire Council holds its meetings on the third Monday, Tuesday and Wednesday of themonth.The Mayor requested that Councillors consider attending a Cook Shire Council meeting on a datewhich does not clash with a TRC meeting (suitable dates are 20-22 July and 17- 19 August 2009).Page 45

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009CHILLAGOE FESTIVALThe Mayor reported that the Chillagoe Alliance had requested that Council provide an additional150 chairs for the Chillagoe Festival to be held over the weekend of 17-20 July, 2009.GREAT WHEELBARROW RACECr McGrath reported on the success of the Great Wheelbarrow Race and that 19 teams raised$41,831.00 which will go to various charities.ADHOC-11HICKORY ROAD UPGRADINGThe General Manager Civil Works read a draft letter he had prepared for sending to residents withan interest in the upgrading of Hickory Road and Rosewood Drive, Kuranda.Resolved"That the letter be sent to residents with costs on a "bring forward of project" basis."CARRIEDPROPOSED ROADWORKSThe Mayor requested that Councillors submit their lists of proposed roadworks to be carried outthroughout the region for inclusion in the budget to enable Council to set the order of priority forroadworks.LGAQ COMMUNITY PLANNING WORKSHOPThe Mayor and Cr Sorensen advised that they will be attending the LGAQ Community PlanningWorkshop to be conducted by LGAQ in Cairns on 12 June 2009.NEXT MEETING OF COUNCILThe next meeting of Council will be held at Mareeba9:00 am on Wednesday 3 June 2009There being no further business, the meeting closed at 4:50pm...................................................... .....................................................Cr Tom GilmoreIan ChurchMayorChief Executive OfficerPage 46

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009APPENDIX 1ITEM-2 A BOOKALL - DECISION NOTICE - MATERIAL CHANGE OF USE -HOME BASED BUSINESS (FIREARM REPAIR & GUNSMITHINGSERVICE) - LOT 3 ON RP860962 - 70 ELMS ROAD, WONDECLA - 08/047Page 47

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TRCTablelands Regional Council - Minutes Wednesday 20 May 2009APPENDIX 2ITEM-3S TAME - DECISION NOTICE - MATERIAL CHANGE OF USE (BED &BREAKFAST ACCOMMODATION) - LOT 142 ON RP896885, PARISH OFTINAROO, 3702 KENNEDY HIGHWAY, MAREEBA - MCU/09/0008Page 50

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TRCTablelands Regional Council - Minutes Wednesday 20 May 2009APPENDIX 3ITEM-6D KELLAHAN (NORTH QUEENSLAND FUEL PTY LTD) - DECISIONNOTICE - MATERIAL CHANGE OF USE - (SERVICE STATION,RESTAURANT & EXTENSION OF EXISTING SHOP) - LOT 2 ONRP740256, PARISH OF CAIRNS - 2 KOAH ROAD, KOAH - MCU/08/0048Page 52

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TRCTablelands Regional Council - Minutes Wednesday 20 May 2009APPENDIX 4ITEM-6D KELLAHAN (NORTH QUEENSLAND FUEL PTY LTD) - DECISIONNOTICE - MATERIAL CHANGE OF USE - (SERVICE STATION,RESTAURANT & EXTENSION OF EXISTING SHOP) - LOT 2 ONRP740256, PARISH OF CAIRNS - 2 KOAH ROAD, KOAH - MCU/08/0048Page 57

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TRCTablelands Regional Council - Minutes Wednesday 20 May 2009APPENDIX 5ITEM-6D KELLAHAN (NORTH QUEENSLAND FUEL PTY LTD) - DECISIONNOTICE - MATERIAL CHANGE OF USE - (SERVICE STATION,RESTAURANT & EXTENSION OF EXISTING SHOP) - LOT 2 ONRP740256, PARISH OF CAIRNS - 2 KOAH ROAD, KOAH - MCU/08/0048ENVIRONMENTALLY RELEVANT ACTIVITY CONDITIONSThis Development Approval Consists of the following schedules:Schedule A: General ConditionsSchedule B: Air Discharge ConditionsSchedule C: Water Discharge ConditionsSchedule D: Stormwater Management ConditionsSchedule E: Land Application ConditionsSchedule F: Noise Control ConditionsSchedule G: Waste Management ConditionsSchedule H: Self-Monitoring and Reporting ConditionsSchedule I: DefinitionsSCHEDULE A – GENERAL CONDITIONS(A1) The environmentally relevant activity must be constructed, operated and maintained inaccordance with the plans, specifications and information submitted by the applicant whichare approved by the Administering Authority as set out in the attached schedule to thisdevelopment approval except that, in the event of an inconsistency arising between theapplication and the conditions of this development approval, the conditions of thedevelopment approval must apply.(A2) Contaminants must not be released to the environment other than in accordance with thedevelopment approval.(A3) The holder of the development approval must install and operate all works and controlequipment, and take all measures, perform all acts and do all things necessary to ensurecompliance with the conditions of the development approval.(A4) A copy of this development approval must be kept in a location readily accessible topersonnel carrying out the activity.(A5) The holder of the development approval must ensure that those persons responsible for dayto-dayoperations at the approved place are familiar with the conditions of this developmentapproval.(A6) Any record required to be kept as a condition of the development approval must be kept atthe approved place and be available for examination by an authorised person.(A7) Copies of any record required to be kept by a condition of the development approval must beprovided to any authorised person or the administering authority on request.Page 61

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009SCHEDULE B – AIR DISCHARGE(B1) Notwithstanding any other condition of the development approval, no odour determined byan authorised person to be noxious or offensive is to be released beyond the boundaries ofthe approved place.(B2) No release of contaminants, including but not limited to odour, dust, smoke, fumes,particulates and aerosols is to cause or be likely to cause an environmental nuisance beyondthe boundaries of the approved place.(B3) No incineration or open burning is to be carried out on the approved place.(B4) Abrasive blasting, grinding, sanding and drilling shall not be conducted in such a manner thatmay cause an environmental nuisance.SCHEDULE C – WATER DISCHARGE(C1) Except as otherwise provided by the conditions of the water schedule of this developmentapproval, the environmentally relevant activity must be carried out by such practical meanswhich may be necessary to prevent the release of contaminants to stormwater or nearbywaterways.(C2) Contaminants must not be directly or indirectly released from the approved place to anywaters or the bed and banks of any waters.(C3) Wastewater and other liquid waste shall be discharged to sewer or removed using theservices of an approved trade waste contractor. The holder of this development approvalmust comply with the trade waste permit issued in relation to the premises.(C4) Any wash down activities must be carried out in the approved wash down bay. This bay mustbe graded and attached to an approved oil/water separator. The waste liquid must be treatedand then discharged accordingly.SCHEDULE D – STORMWATER MANAGEMENT(D1) Except as provided by the conditions of the stormwater management schedule and the waterschedule of this development approval, the environmentally relevant activity must be carriedout by such practical means which may be necessary to prevent or minimise the contact ofincident rainfall and stormwater runoff with wastes, contaminants or material to anystormwater drainage system, roadside gutter or water.(D2) Any stormwater leaving the approved place shall contain no visible floating oil, grease, scum,litter or other matter.(D3) Any spillage of wastes, contaminants or other materials must be cleaned up as quickly aspractical.(D4) All work must be carried out undercover, and within the confines of the processing shed soas to prevent the contamination of stormwater.(D5) The workshop area must be graded/designed so that stormwater is diverted into thedesignated stormwater drains and gutter. No stormwater is to enter the workshop area.Page 62

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009SCHEDULE E – LAND APPLICATION(E1) The environmentally relevant activity must be carried out by such practical means that maybe necessary to prevent or minimise the release of contaminants to the land.SCHEDULE F – NOISE CONTROL(F1) Expect as otherwise provided by the conditions of the Noise schedule of this developmentapproval, the environmentally relevant activity must be carried out by such means that maybe necessary to prevent or minimise the emission of noise.(F2) The emission of noise from the approved place must not result in offensive noise levels beingemitted beyond the boundaries of the approved place, as determined by an authorisedperson.(F3) The hours of operation for the activity will be between 6:30am and 5:00pm Monday to Fridayand 8:00am to midday Saturday. No audible noise is to be carried out outside of these times.(F3) All noise from activities must not exceed the levels specified in the Table below.Noise limitsNoise leveldB(A)measured asL A10, adj, 10 mins Bkg + 5L A1, adj, 10 mins Bkg + 10Monday to Saturday7am - 5pm 5pm - 10pm 10pm - 7amNoise measured at a 'Noise sensitive place'Bkg + 5 Bkg + 0Bkg + 10 Bkg + 5L A10, adj, 10 minsL A1, adj, 10 minsNoise measured at a 'Commercial place'Bkg + 10 Bkg + 10 Bkg + 5Bkg + 15 Bkg + 15 Bkg + 10SCHEDULE G – WASTE MANAGEMENT(G1) Waste must not be released to the environment or disposed of contrary to the conditions ofthis development approval.(G2) Waste must not be burnt or allowed to burn at the approved place or be removed and burntelsewhere.(G3) Where a recycling service is available, recyclable waste must not be deposited in the generalwaste stream.SCHEDULE H – SELF-MONITORING(H1) All complaints received by the holder of this development approval of this environmentallyrelevant activity relating to operations at the approved place must be recorded in a logbookwith the following details:♦ time and date of complaint♦ contact details of the complainantPage 63

TRCTablelands Regional Council - Minutes Wednesday 20 May 2009♦ response and investigation undertaken as a result of the complaint♦ name of person responsible for investigating complaint♦ action taken as a result of the investigation of the complaint.(H2) The complaints recorded required by condition H1 shall be maintained for a period of not lessthan 3 years.(H3) As soon as practical after becoming aware of any emergency or incident which results in therelease of contaminants not in accordance, or reasonably expected to be not in accordancewith the conditions of this development approval, the holder of this development approval, ortheir operator on site, must notify the administering authority of the release by telephone orfacsimile.(H4) The notification of emergencies or incidents as required by condition H3 must include but notbe limited to the following:♦ the name of the holder of this development approval♦ the location of the emergency or the incident♦ the name and telephone number of the designated contact person♦ the time of release♦ the time the holder of the development approval became aware of the release♦ the suspected cause of the release♦ the environmental harm and or the environmental nuisance caused, threatened orsuspected to be caused by the release♦ actions taken to prevent any further release and mitigate any environmental harm orenvironmental nuisance caused by the releaseSCHEDULE I – DEFINITIONS(I1) For the purpose of this development approval any term not otherwise defined in legislation orin the definitions schedule of this development approval has the meaning conferred to thatterm in its common usage.(I2) In the event of any inconsistency arising between the meaning of any term provided in thedefinitions schedule of this development approval and any common usage of that term, themeaning conferred in the definitions schedule of this development approval must apply.(I3) For the purpose of this development approval the following definitions apply:“Act” means the Environmental Protection Act 1994;“Administering Authority” means the Tablelands Regional Council or its successor;Please Note:An Application for an Environmentally Relevant Activity (ERA 21 - Motor Vehicle WorkshopOperations) Registration Certificate must be submitted to Environmental Health Services beforecommencement of operation. An application form can be obtained by phoning EnvironmentalServices on 4043 4323.This form must be completed and returned with the annual license fee of $700.Page 64