NOTICE OF MEETING
Members are advised that a Meeting of Council will be held on Tuesday, 28th of July 2020 commencing at 5.00pm in the Council Chamber, DeGaris Place, Naracoorte.
AGENDA OF BUSINESS FOR DISCUSSION IS ATTACHED.
NOTE:
• The Meeting will adjourn for an evening meal break at approximately 6.30pm.
If you are not able to attend the meeting, please advise Council on 8760 1100 or email [email protected]
CHIEF EXECUTIVE OFFICER 23 July 2020
Naracoorte Lucindale Council, Agenda 28 July 2020 Page 1
NARACOORTE LUCINDALE COUNCIL
AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
AGENDA ...... 3 1. Opening prayer and acknowledgement of country ...... 3 2. Elected Member’s Declaration of Interest ...... 3 3. Public Forum ...... 3 4. Petitions and Deputations ...... 3 5. Confirmation of Council Minutes ...... 3 6. Matters laid on the table from previous meetings ...... 3 7. Mayor’s Report ...... 3 8. Elected Members’ Report ...... 4 9. Chief Executive Officer’s Report ...... 4 10. Capital Projects Report ...... 10 11. Finance Report ...... 12 12. Minutes and Recommendations from Council Committees ...... 16 12.1. Audit Committee ...... 16 12.2. Strategic Asset Management Committee ...... 16 12.3. Naracoorte Regional Livestock Exchange Committee ...... 16 12.4. Strategic Planning and Development Policy Committee ...... 16 12.5. CEO Recruitment, Performance and Review Committee ...... 16 13. Reports for Decision ...... 16 13.1 Northern Limestone Coast Regional Assessment Panel ...... 16 13.2 Council Commitment to Green Power and Electricity Contracts ...... 20 13.3 Building & Swimming Pool Inspection Policy ...... 21 14. Reports for Information ...... 23 14.1 Operations Report...... 23 14.2 Planning and Compliance Report ...... 32 14.3 Governance and Community Development Report ...... 35 15. Publications, documents or information from other bodies ...... 40 16. Questions with Notice ...... 40 16.1. Question with notice – Cr Grundy ...... 40 16.2. Question with notice – Cr Rayner ...... 43 17. Motions with Notice ...... 43 18. Questions without Notice ...... 43 19. Motions without Notice ...... 43 20. Matters the CEO recommends be considered in confidence ...... 43 20.1. Road Construction – McRae Street ...... 44 20.2. Contract Bitumen Works ...... 44 20.3 CEO Committee ...... 45 21. Meeting closed ...... 46
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
AGENDA
COMMENCED: Meeting commenced at **pm in Naracoorte Council Chamber, DeGaris Place, Naracoorte PRESENT:
APOLOGIES:
ON LEAVE:
OFFICERS:
MEDIA REPRESENTATIVES:
1. Opening prayer and acknowledgement of country
2. Elected Member’s Declaration of Interest
3. Public Forum
4. Petitions and Deputations
5. Confirmation of Council Minutes
RECOMMENDATION
MOVED CR SECONDED CR
That the Minutes of the Council meeting held on 26 June 2020 and the Minutes of the Special Council Meeting on 30 June 2020 are taken as read and confirmed as an accurate record of the proceedings of the meetings.
6. Matters laid on the table from previous meetings
7. Mayor’s Report
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
RECOMMENDATION
MOVED CR SECONDED CR
That the Mayor’s Report is received.
8. Elected Members’ Report
9. Chief Executive Officer’s Report
Responsible Officer: CEO, Trevor Smart
Strategic Outcome: Progressive Leadership • Effective Delivery of projects & services • Engage external stakeholders to leverage local opportunities Prosperous Community • A vibrant and progressive business centre and townships Harmony & Culture An inclusive community Financial Implication: Nil
Statutory Implication: Nil
Policy Implication: Nil
Consultative and Community Nil Implication:
Report
Local Government Reform
Background The Minister for Local Government has introduced the Statutes Amendments (Local Government Review) Bill 2020 into Parliament on 17/6/20. This is the culmination of a prolonged approach to Local Government Reform by the State Government, and one which we have provided input into.
Council Meeting of 23/4/19 provided the following Motions:
Moved Cr Grundy Seconded Cr Schultz
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
That Council advise Stephan Knoll MP Minister for Transport, Infrastructure and Local Government, the Member for Mackillop Mr Nick McBride MP, the Office of Local Government, and the Electoral Commission of SA, that Council seeks legislative amendments to the Local Government (Elections) Act 1999 as such: • Qualification for Enrolment S14(1)(ab)(i) – be deleted so as to reflect that only a Australian Citizen resident be entitled to enrol on the voters roll; and • Qualification for Enrolment S14(1)(b)&(c) – be amended to have inclusion on the voters roll be made automatic rather than on application and further that Council seek the support of the Limestone Coast LGA, and Local Government Association of SA to these legislative amendments.
Moved Cr James Seconded Cr Schultz
That Council endorses the Local Government Reform Submission (as attached and amended) and provides this submission to the Minister for Local Government, and the Local Government Association of SA.
Council Meeting of 22/10/19 provided the following Motion: Moved Cr James Seconded Cr Mc Lachlan
That Council endorse the submission to the Minister for Planning, and the Department for Planning Transport & Infrastructure on the Reforming Local Government In South Australia Discussion Paper.
The two submissions referred to in the above Motions are attached for your information.
Comment I have provided a draft summary for consideration that provides for LGA observations & comments, and with my comments alongside to allow for a comparison of thoughts on the various suggested legislative amendments.
Overall, I don’t have any significant issues with the majority of Ministerial suggestions made via the Bill – and many amendments are in line with our previous submissions.
The Bill does though, implement ‘rate capping’ although rate capping isn’t specifically mentioned within the Bill. The State Government did promote the introduction of the Bill in the media by announcing the Bill and rate capping, so the intent is clear. The methodology for rate capping is almost by stealth, where Councils will be required to seek independent advice on rate revenue approach each year (likely to be ESCOSA), and to then consider any such advice from ESCOSA. Details of how ESCOSA intend to undertake this, and any costs associated with this are unknown, and could simply be via Ministerial direction. This approach is neither transparent, nor legislated (as to detail), and would not appear to be based on any fact based evidence of the need to cap rates.
Our experience in dealing with ESCOSA (through CWMS licencing and reporting) is that the Agency doesn’t appear to be even close to effective or efficient, does not value add, and creates additional layers of bureaucracy and red-tape.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
One area that hasn’t been covered as yet, are any reforms to the Local Government (Elections) Act 1999 – and Council did make various suggestions within its past submissions. Enquiry has been made with LGA on where any LG (Elections) Act 1999 reforms and/or legislative amendments are at, and we are waiting on their advice and summary of amendments (similar to the LG Reform) which can be considered at our August 2020 Meeting. An initial assessment of the amended LG (Elections) Act 1999 indicates that not many (if any) of our proposals made via submission have been successfully considered.
LGA have requested any feedback on the Bill is provided as soon as possible to allow a State-wide based advocacy approach on the suggested amendments.
I now seek any comments and thoughts on the draft Summary of Major Changes that includes the position of Council on the various sections of legislation. There have been some amendments made to the Summary of Major Changes since they were emailed to elected members, and these are indicated via tracked changes. Observations from Cr Grundy are included for your consideration (as attached).
Council can reference a ‘tracked version’ of the Local Government Act 1999 from the DPTI website (public document) which provides for the amendments outlined in the Bill (and this can make it easier to work through the actual changes) https://www.dpti.sa.gov.au/__data/assets/pdf_file/0010/672058/MARKED-UP_- _Local_Government_Act_1999_- _Statutes_Amendment_Local_Government_Review_Bill_2020.pdf
LCLGA Annual Business Plan & Budget 20/21
By way of background, Council considered its initial approach on the LCLGA Annual Business Plan 20/21 at its April 2020 Meeting, with the following Motion passed:
Moved Cr McLachlan Seconded Cr Dennis
That Council advises LCLGA that it is supportive of an Annual Business Plan approach that includes retention of existing approach and programs apart from: • Program funding remaining as membership fees rather than program specific; and • RDALC contributions being retained but in the revised form of a Regional Economic Development Program Contribution; • Exclusion of Heritage Services from LCLGA programs, with that viewed as direct savings
The LCLGA considered the attached draft LCLGA Annual Business Plan 2020-21 at its Board Meeting of 19 June 2020, and endorsed the draft to provide for Member consultation and feedback.
The draft ABP is based on a 0% increase to Member fees, and is also working through a reduction in cash reserves over time to a level as yet determined by the Board.
From our initial advice from our April 2020 meeting (above), I would consider that: • Program funding suggestion has been taken on board; • RDALC contributions are as yet unresolved as to how we allocate any funding, for what purpose, and how performance attached to that funding will be measured.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
• Heritage Services – there appears to be a regional appetite to retain this service.
Consequently, I would suggest that we be supportive of the draft LCLGA Annual Business Plan as presented, with previous advice to be re-affirmed to LCLGA on RDALC contributions approach. The matter of how we should or shouldn’t fund the RDALC, for what purpose, how it is measured, and what real outcomes are delivered has been an unresolved issue for a few years – and more recent attempts by LCLGA & RDALC have not resulted in an agreed approach as yet. While Council could continue funding to RDALC, it could also consider withdrawal of this funding to LCLGA (and then to RDALC) as a mechanism to achieve real and deliverable outcomes.
Lucindale Masterplan – Working Group Council has adopted the Lucindale Masterplan, but has not to date re-engaged with the Lucindale Community on the Implementation Plan – and this has not been possible due to restrictions of gatherings due to COVID-19.
With further easing of COVID-19 restrictions, we will be making arrangements for this re- engagement soon.
Late in the 19/20 financial year, Council did take some actions as identified within the Masterplan, and this included the removal of old tennis courts, removal of old infrastructure at Loechel Park, and installation of history signs at Lucindale. We did receive some criticism for undertaking this without further consultation, but the direction from community was quite clear in this regard, and that is what the Masterplan envisages – having a collective vision and implementation plan that can be then undertaken. Some projects are relatively straightforward, and some require further work and engagement.
Within our adopted 20/21 budget we have provided allowance for: • $90,000 for design and construct of Centenary Park improvements • $15,000 for Wayfinding Signage project – Phase 1.
The initial intent was for further design works to be undertaken plus design/construct of improvements, but as there is a reasonably detailed Centenary Park Concept Plan contained within the Masterplan, it would appear to be a more effective methodology to form a Working Group to work through the finer details of what is required, where, and how – all based on the Concept Plan for Centenary Park. This then provides for the total budget to be spent ‘on ground’. Similarly, it would be extremely useful to engage the Lucindale community in the placement of wayfinding signs as per the Masterplan. As there is a Phase 2 of Wayfinding, planning for this stage could be undertaken at the same time, with implementation of Phase 2 within 2021/22.
A further element of the Masterplan is the Main Street design – and although this is tentatively planned for 2023/24, it would seem logical to undertake the planning process as Centenary Park & Main Street projects should align and be complementary to each other. It is envisaged that any planned/agreed works would still only occur in 2023/24.
Consequently, I suggest that we form a Working Group to provide for engagement with the Lucindale community on the detail, and planning phase of Centenary Park, Wayfinding Project Phases 1 &2, and Main Street Design.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Membership is suggested at three elected members, and three Lucindale Community members.
Loading Zone – Smith Street, Naracoorte As per attached correspondence from Peter Flavel, he is requesting the removal of the existing two loading zone spaces adjacent 146 & 148 Smith St, Naracoorte. The writer also suggests shifting of one loading zone to McRae Street.
Currently the loading zone is timed, so general parking can occur at this location after 1pm each weekday.
Some matters to consider: • Should Council undertake its own consultation on the loading zones/s – with known couriers, and businesses that deliver goods? • Is McRae Street a better alternative from an access perspective for larger delivery vehicles? • Is there a parking issue or parking shortage in Naracoorte Town Centre or Smith St? • Should Council consider this matter as a holistic approach to parking within the Naracoorte Town Centre Rejuvenation Project (as it has chosen to do so with the car park adjacent to Naracoorte Hotel bottle shop exit)?
Whilst I agree with the writer’s sentiments that we should encourage greater levels of foot traffic in Smith Street, and also encourage greater occupancy of vacant buildings on Smith St – it is my understanding that there will soon be minimal vacancies on Smith St.
Council have a number of choices: • Agree to the request and remove the loading zones; • Defer a decision pending Council undertaking its own consultation on the existing loading zones, and possible new location on McRae St • Defer a decision to allow a holistic consideration of parking in the Town Centre within the Naracoorte Town Centre Rejuvenation project • Not approve of the request
Other Meetings and Activities • LGFSG COVID-2 Meetings • Developer – Bushlark Subdivision • Wattle Range Council – Regional Trail • LGA – GM Crop Briefing Session • LC Economic Development Group Meeting • Naracoorte Herald – Meeting with Editor • PDI Act Implementation (Regional Assessment Panel) • Shadow Cabinet in Naracoorte - Presentation
Refer to Attachments 9
1. LG Reform – Submission to the Minister – April 2019 2. LG Reform – Submission to the Minister – October 2019 3. LG Review Bill 2020 - Draft Summary of Major Changes 4. EXPLANATORY_PAPER Statutes_Amendment_Local_Government_Review_Bill_2020 5. Cr Grundy LG Reform feedback 6. LCLGA Annual Business Plan
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
7. Lucindale Masterplan - Centenary Park Working Group 8. Peter Flavel correspondence
RECOMMENDATION
MOVED CR SECONDED CR
That Council endorses the CEO comments and observations document on the Statutes Amendments (Local Government Review) Bill 2020 and provides this information to the Minister for Local Government, and the Local Government Association of SA for consideration.
RECOMMENDATION
MOVED CR SECONDED CR
That Council advises the Limestone Coast LGA that it is supportive of the draft LCLGA Annual Business Plan 2020-21 subject to:
• RDALC contributions being retained but consideration be given to a revised form of a Regional Economic Development Program Contribution, and that would not preclude any contribution being made to RDALC from this fund, but should be subject to a formal Agreement between the parties as to purpose of funding, and having measurable outcomes.
RECOMMENDATION
MOVED CR SECONDED CR
That Council endorses the Lucindale Masterplan – Centenary Park Working Group statement of purpose, and:
• Appoints three elected members to this working group being …………………….., ……………………, and ………………………: and • Seeks nominations from the Lucindale Community for appointment to this Working Group.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
RECOMMENDATION
MOVED CR SECONDED CR
That Council thank Mr Peter Flavel for his request to have the two loading zones removed adjacent 146 & 148 Smith St, Naracoorte and advise that Council will defer a decision pending a holistic assessment of all parking matters to be considered within the Naracoorte Town Centre Rejuvenation Project.
10. Capital Projects Report
Responsible Officers: CEO – Trevor Smart Director Operations – Steve Bourne Director Corporate Services – Fiona Stringer Manager Planning and Compliance – Paul McRostie Manager Governance and Community Development – Sally Klose Strategic Outcome: Safe and sustainable management of community infrastructure Financial Implication: As per adopted budget for 2020/21
Statutory Implication: Local Government Act
Policy Implication: Road Network Extension and Upgrade Policy Footpath Policy Driveway Policy Consultative and Community Improved communication of future works. the Implication: community is consulted as part of the annual business planning process
Report
This report provides an update on key projects. Elected members are encouraged to review progress reports and seek clarification on projects as required. A review of the capital projects program was provided at the May meeting and the attached 2019/20 spreadsheet provides an overview of the completed projects, though costings to these projects will not be final until completion of Council’s financial statements for year ending 30 June 2020.
The approved 2020/21 key projects program is also attached. Planning is well underway on many projects, given the large and challenging program for this year.
Old Caves Road, McCoy Street, Naracoorte Old Caves Road construction is complete. As noted in the May and June reports, a defects report has been compiled and agreed between Council and the contractor. The contractor has returned to address defects on these 2 streets in July. The area of most concern near
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020 the Sunrise School will be left until the weather warms and a rectification methodology agreed to. Work continues on the footpath to the Sunrise School.
Market Square Playground, Naracoorte Stage 1 of the rubber softfall has been completed and the contractor engaged to deliver stage 2.
Market Square Irrigation, Naracoorte Requests for tender has been issued for the supply and installation of a bore and automatic watering system.
Market Square Skate Bowl, Naracoorte Requests for tender has been issued for the construction of skate bowl adjacent to the existing skate park.
Jessie Road Culvert Replacement Pricing has been sought for the supply of replacement culverts.
Naracoorte Swimming Lake Additional Shelter Pricing has been sought for the supply of the shelter.
McRae Street Reconstruction, Naracoorte Tender pricing has been received for this project.
Repeater Station Road Reconstruction, Naracoorte Native Vegetation application submitted for roadside clearance.
Footpath construction Underground service locating and investigations have been undertaken.
Road Resheets Underground service locating and investigations have been undertaken.
Naracoorte Creek Walk Weir design brief has been issued for consult pricing. Vegetation management will be undertaken as conditions suit.
Robertson Street Paving, Naracoorte Quotes have been sourced for paving and tree guards have been ordered.
Refer to Attachments 10
Capital Projects Program 2019/20 Key Projects Program 2020/21
FOR MEMBERS’ INFORMATION
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11. Finance Report
Responsible Officer: Director Corporate Services – Fiona Stringer
Strategic Outcome: Progressive Leadership – sustainable community finances & assets and organisational excellence Financial Implication: Monitoring Council’s cash flow, investment performance and loan borrowings Statutory Implication: Section 47, 134, 137, 139 - 140, Local Government Act 1999 Policy Implication: Internal Controls Investments Consultative and Community Nil Implication:
Cash Flow Council’s bank reconciliation statement indicates net total funds of $7,267,633.79 as at 30 June 2020 and $6,770,816.18 as at 20 July 2020.
Reserve Balance Community Waste Management Scheme (CWMS) 440,625.83 Open Space 25,357.66 Naracoorte Regional Livestock Exchange (NRLE) - Plant Machinery 1,615,910.47
$2,081,893.96
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Investments Section 140 of the Local Government Act, 1999 states that Council must, at least once in every year, review the performance (individually and as a whole) of its investments.
Council is provided with a report of interest earned on a quarterly basis. A summary of interest received on investments for the June 2020 quarter is provided for Members’ information.
Investment Interest CWMS Investment 361.49 Open Space 20.65 Naracoorte Regional Livestock Exchange (NRLE) 33.24 Plant Machinery 4,243.87 General 24-hour Account 2,015.30 General Investment Fixed Term 7,795.89 $14,470.44
Council invests money in the Local Government Finance Association (LGFA), with investments earning interest between 0.25% and 1.05% in the June quarter.
At 30 June Council had $1.3 million invested in a 90-day term deposit with the LGFA.
Investments with the LGFA are guaranteed by the SA State Government.
Council investments with the LGFA have earned a total of $64,589.38 in interest for the period 1 July 2019 – 30 June 2020.
The LGFA also pays an annual bonus. The bonus is calculated on approximately 0.3% of daily investments. This percentage is additional to the interest percentage indicated above. The 2019-20 bonus (based on 2018-19 funds) is $29,427.94.
Council’s cheque account is held with BankSA. Interest of $290.41 has been received for the period 1 July 2019 to 30 June 2020.
Council also invests with BankSA, with the interest paid direct to the investment account at maturity. Council policy authorises a maximum investment of $1.2 million. This account has a current balance of $1,197,124.55, with investments earning 1.63%. Interest of $19,800.61 has been received for the period 1 July 2019 to 30 June 2020.
Rate Arrears Total rates and service charges of $645,420.20 were in arrears as at 30 June 2020 ($601,540.04 as at 30.06.19).
Section 184 Notices (for sale of land for non-payment) $34,195.39 Debt Collection $63,626.27 Monies Owing – Awaiting Debt Collection $173,002.33 Payment Arrangements $138,368.92 Final Notice $236,227.29 Overdue Notices - Total Arrears $645,420.20 Rates paid in advance ($110,964.91) Net Outstanding $534,455.29
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Ratepayers experiencing difficulties in meeting their rate commitments are encouraged to make an appointment with Council’s Rates Officer to establish a suitable payment plan. Fines and interest continue to apply as applicable.
Public auctions in relation to the properties proposed to be sold for non-payment of rates (Section 184 Notices) are deferred until restrictions on public auctions are lifted under the current COVID-19 restrictions.
The graph shows rates arrears (general and service charges) as a percentage of general rate revenue levied for the relevant financial year.
8.00% 7.19% 7.00% 6.15% 6.07% 5.97% 5.65% 6.00% 5.44% 5.34% 5.39% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% Dec 31 2018 Dec 31 2019 Mar 31 2019 Mar 31 2020 Sept 30 2018 Sept 30 2019 June 30 2019 June 30 2020
Rate Arrears as a % of General Rates Levied
General Debtors Total general debtors of $142,124.38 were in arrears as at 30 June 2020 ($311,996.83 as at 30.06.19).
Current/30 Days $125,305.33 60 Days $652.90 90 Days $4,671.83 Payment Arrangements $10,108.32 Debt Collection $1,386.00 Total Outstanding $142,124.38 Excess Payments ($3,526.82) Net Outstanding $138,597.56
Debtors experiencing difficulties in meeting their commitments are encouraged to make an appointment with Council’s Debtor Officer to establish a suitable payment plan.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Loan Borrowings
Balance 1 July 2019 $2,240,038.87 Less Principal Repayments $ 422,081.66 Plus New Loans Drawn $ 0.00 Total Loan Commitment 30 June 2020 $1,817,957.21
Naracoorte Regional Livestock Exchange (NRLE) $1,301,974.40 Self-Servicing $ 0.00 General Council $ 515,982.81 Total Loan Commitment 30 June 2020 $1,817,957.21
Loan Finalisation Public Toilets 16.01.2021 $28,218.20 Fleet Loan 15.03.2022 $158,957.41 Road Works – McRae/Ormerod Street 15.03.2022 $60,006.49 Sewerage Extension – Clover Crescent 15.03.2022 $48,352.76 Sewerage Extension – Stewart Terrace 15.03.2022 $49,133.12 Road Works – Concrete Bridge 16.04.2022 $171,314.83 NRLE – Truck Wash 16.04.2022 $108290.11 NRLE – Upgrade Project (Stage 1) 17.09.2027 $1,193,684.29 Total Loan Commitment 31 March 2020 $1,817,957.21
Loan Commitment as a % of General Rate Revenue 19/20 % Total Loan Commitment 16.82% % NRLE Loan Commitment 12.04%
Total Interest Paid for Period 1 July – 30 June 2020 $126,703.18
Loan Servicing Commitment as a % of General Rate Revenue Estimate 2019 - 2020 5.07% Forecast 2020 - 2021 5.07%
Loans to the Community
Balance 1 July 2019 $435,258.79 Less Principal Repayments Received $ 53,847.83 Plus New Loans Granted $ 0.00 Total Loans to Community Organisations as at 31.03.20 $381,410.96
Community Loans as a % of General Rate Revenue 19/20 3.53%
Total Interest Income for Period 01.07.19 – 30.06.20 $15,716.90
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Refer to Attachment 11
The attached reports to 30 June 2020 will not be finalised until completion of the audit for year ending 30 June 2020.
Finance Report as at 30 June 2020 consisting of - YTD Operating Report - Summary of Financial Performance - Statement of Comprehensive Income
FOR MEMBERS’ INFORMATION
12. Minutes and Recommendations from Council Committees
12.1. Audit Committee
12.2. Strategic Asset Management Committee
12.3. Naracoorte Regional Livestock Exchange Committee
12.4. Strategic Planning and Development Policy Committee
12.5. CEO Recruitment, Performance and Review Committee
13. Reports for Decision
13.1 Northern Limestone Coast Regional Assessment Panel
Responsible Officer: CEO – Trevor Smart
Strategic Outcome: Progressive leadership - Organisational Excellence Financial Implication:
Statutory Implication: Planning, Development and Infrastructure Act 2016
Policy Implication:
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Consultative and Community Implication:
Background At the Council Meeting of February 2020, the following motion was passed:
MOVED CR MC LACHLAN SECONDED CR MC GUIRE
That Council delegate the development of an approach to the formation of a Regional Assessment Panel to the CEO and Mayor, on the following principles:
• RAP to be between two or three of Naracoorte Lucindale, Tatiara and Kingston District Councils; • Assessment Manager at this stage to be sourced from Tatiara District Council; • Delegations, where possible, to be based on a similar approach to those which currently exist – subject to new pathways and e-planning portal rollout under the PDI Act; • Staff resources and service levels to be retained, but with a view to future proof the councils’ collective planning and building compliance resources; and • that this preferred approach be presented to Council in due course for final consideration.
Report Council is currently in the process of seeking the Minister to appoint a Regional Assessment Panel (RAP) with the Tatiara and Kingston District Councils to replace the Council Assessment Panel (CAP) for development assessment under the Planning, Development and Infrastructure Act 2016 (PDI Act).
Development Assessment under the PDI Act will commence on 31 July 2020. Until the RAP is established the existing CAP will continue to carry out its development assessment functions under the PDI Act.
The tenure of the current members of the CAP will cease on the establishment of the RAP.
A CAP is required to have an Assessment Manager appointed, which needs to be an “Accredited Professional – Level 1”. It is further proposed that Rocky Callisto (Tatiara) be appointed as Assessment Manager, with Milan Hodak (Kingston) to act in his absence for each of the Councils. This appointment is not to be made by Council but is made by the CEO of each Council.
To allow the assessment of development applications under the PDI Act by the Assessment Manager and planning staff of the Council, certain delegations will need to be made by the CAP. Again, this does not require a decision from Council, but is relevant for information purposes. The CAP will consider these delegations at an upcoming meeting.
The intent is that upon the RAP being constituted it will make the same set of delegations to the Assessment Manager and planning staff of each Council to assess all applications that are not required to be assessed by the RAP.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Separately, the Council is also required to make certain delegations of its powers and functions under the PDI Act in its capacity as Council, Designated Authority, Designated Entity and Relevant Authority. The proposed delegations are attached to this report (Instruments A and B) and have been prepared based upon LGA templates.
RAP Arrangements
To constitute the RAP, the Councils must make a request to the Minister to constitute the Panel pursuant to Section 84(1)(c)(ii)(A) of the PDI Act. The Councils have prepared a letter (a copy is attached) which is proposed to be sent to the Minister for the purpose of constituting the RAP. Council is asked to endorse the letter so that it can be sent to the Minister. Should the Minister agree to constitute the RAP on this basis, the letter will form the basis of the terms of reference for the RAP.
A memorandum of Understanding (MOU) has also been prepared which is proposed to be entered into between the Councils. This MOU is designed to deal with all relevant arrangements between the Councils in constituting and administering the RAP, but not be provided to the Minister, as it includes certain matters of no concern to the Minister. It is proposed the Councils enter into this arrangement now, prior to the letter being sent to the Minister. However, it should be acknowledged that the Minister may not agree to some of the proposed details about the RAP contained within the MOU (or the letter) and that the basis in which the RAP is constituted may differ from that proposed by the Councils.
There is flexibility in the way that appointments of RAP members occur under the scheme in the PDI Act. Some RAPs rely on the Minister appointing members. The correspondence proposes a process for appointment of members such that the Minister does not need any involvement. Instead, appointments are proposed to be made through a recruitment panel constituted by the Mayors of each Council and the Assessment Manager.
In terms of expenses, it is proposed that each Council will contribute one third of the total expenses of the RAP, including recruitment and sitting fees. This will be reviewed every 12 months following the constitution of the RAP.
Refer to Attachments 13.1
1. Instrument A – Delegation of Powers of the Council as a Council, Designated Authority and Designated Entity Under the Planning, Development and Infrastructure Act 2016 2. Delegations – Instrument B - Delegation of Powers of the Council as a Relevant Authority under the Planning, Development and Infrastructure Act 2016 3. Memorandum of Understanding Northern Limestone Coast Regional Assessment Panel 4. Letter to Minister
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RECOMMENDATION
MOVED CR SECONDED
Delegations – Instrument A – Delegation of Powers of the Council as a Council, Designated Authority and Designated Entity Under the Planning, Development and Infrastructure Act 2016
1. In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the Planning, Development and Infrastructure Act 2016 and made thereunder contained in Instrument A – Delegation of Powers of the Council as a Council, Designated Authority and Designated Entity Under the Planning, Development and Infrastructure Act 2016 are hereby delegated on 28 July 2020 to the person occupying or acting in the office of Chief Executive Officer of the Council subject to the conditions and/or limitations, specified in the Instrument of Delegation. 2. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated in the Instrument of Delegation.
Delegations – Instrument B - Delegation of Powers of the Council as a Relevant Authority under the Planning, Development and Infrastructure Act 2016
1. In exercise of the power contained in Section 100 of the Planning, Development and Infrastructure Act 2016 the powers and functions under the Planning, Development and Infrastructure Act 2016 and made thereunder contained in Instrument B - Delegation of Powers of the Council as a Relevant Authority under the Planning, Development and Infrastructure Act 2016 are hereby delegated on 28 July 2020 to the person occupying or acting in the office of Chief Executive Officer of the Council subject to the conditions and/or limitations specified in the Instrument of Delegation. 2. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Section 100(2)(c) of the Planning, Development and Infrastructure Act 2016 as the Chief Executive Officer sees fit, unless otherwise indicated in the Instrument of Delegation.
RECOMMENDATION
MOVED CR SECONDED
Regional Assessment Panel
1. That Council endorses the establishment of a Regional Assessment Panel with Tatiara District Council and Kingston District Council for the purposes of acting
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as a relevant authority under the Planning, Development and Infrastructure Act 2016 for the area of the councils. 2. That the Chief Executive Officer is authorised to enter into a memorandum of understanding with Tatiara District Council and Kingston District Council Councils as outlined in Attachment 3 relating to the establishment of the Regional Assessment Panel. 3. That Council formally request the Minister for Planning constitute a Regional Assessment Panel under Section 84 of the Planning, Development and Infrastructure Act 2016 in conjunction with Tatiara District Council and Kingston District Council for the area of the councils, and that the Chief Executive Officer be authorised to instruct Council’s solicitors to send the letter provided in Attachment 4 to the Minister.
13.2 Council Commitment to Green Power and Electricity Contracts
Responsible Officer: Director Corporate Services – Fiona Stringer
Strategic Outcome: Progressive Leadership – sustainable community finances & assets and organisational excellence Financial Implication: Green power incurs a surcharge in addition to the normal electricity tariff Statutory Implication: Nil
Policy Implication: Nil
Consultative and Community Increased operating costs associated with Council assets Implication:
Report
Council considers the implications of green power on an annual basis, to allow for the consideration of improvement in technology, green power and any other relevant information.
BACKGROUND LGA Procurement, working with representatives from Councils, and where appropriate a consultant, approach the market in an attempt to obtain best possible prices in relation to the provision of electricity for Councils. In the contestable market of electricity, prices often have a very short “holding” time in which they may be accepted or rejected. This “holding” time is often between 2-14 days and does not allow enough time to take information to Council for a decision. Therefore, Council needs to be in a position to respond quickly and needs to determine its position prior to a request for decision being sought. With this in mind Council has resolved on an annual basis to delegate the authority to accept, vary and/or discharge a contract in relation to electricity to the Chief Executive Officer and Director Corporate Services.
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COMMITMENT TO GREEN POWER Council needs to determine its level of commitment to green power prior to the tendering process. Any commitment to green power requires a minimum commitment of 20%. Council may vary its commitment for each year of the term of the contract, however, this needs to be stated at the time of signing the contract (eg. 20% Year 1, 30% Year 2). Electricity contracts generally fall into three contracts:- • Below 160 (all of Council’s properties currently fall into this category) • Above 160 • Street Lighting
Council’s current contract position is:- • Below 160 – 0% green power • Above 160 – 0% green power • Street Lighting – 0% green power
The contracts for Below 160 and Above 160 are due to expire on 31 December 2022, with negotiations in relation to street lighting finalised in June.
RECOMMENDATION
MOVED CR SECONDED CR
That:
1. Council’s commitment to green power remains at 0%; and
2. The Chief Executive Officer and Director Corporate Services are delegated authority to accept, vary and/or discharge a contract in relation to electricity for the Naracoorte Lucindale Council; and
3. Council’s commitment to green power is reviewed on an annual basis.
13.3 Building & Swimming Pool Inspection Policy
Responsible Officer: Paul McRostie - Manager Planning & Compliance
Strategic Outcome: Harmony and Culture - A safe, healthy and diverse community celebrating our similarities and differences. Financial Implication: Nil
Statutory Implication: Planning, Development and Infrastructure Act 2016
Policy Implication: Building and Swimming Pool Inspection Policy
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Consultative and Community Nil Implication:
Report
The new Planning Development and Infrastructure Act 2016 is due to commence on the 31st July 2020. This will be the most significant change in planning legislation in over 25 years.
As part of this Council are required to have a building inspection policy in place under section 42 of the Planning, Development and Infrastructure Act 2016, the State Planning Commission has issued practice directions 8 & 9 which require council to carry out mandatory inspections of certain classes of developments which include swimming pools. Therefore, the existing Building and Swimming Pool Inspection Policy will be replaced with the policy that operates under the PDI Act.
Sections 144 and 156 (5) of the Act allows the State Planning Commission to issue Practice Directions that require Council to carry out inspections of swimming pools and buildings to ascertain compliance with that section relating to designated safety.
Practice Direction 9 provides the mandatory inspection requirements and elements that are to be inspected which are not exhaustive. If a council has information to indicate that the circumstances warrant it, additional inspections may be undertaken.
The new Building Inspection Policy is similar to Council’s existing policy in relation to the inspection requirements, with at least one inspection of each development for a Class 1 building (dwelling) with a minimum of 66% of building work commenced in the relevant reporting year.
There is a requirement to inspect farm buildings with a floor area of 500m2 or greater with a minimum 50% of building work commenced in the reporting year to be inspected.
There is also a requirement to inspect Class 2 to 9 (Commercial) buildings at least once with a minimum 90% of building work commenced in the reporting year to be inspected.
Practice Directions 8 & 9 will come into operation for Council on the commencement of the Planning and Design Code and the PDI Act, being 31 July 2020.
Only authorised officers appointed by a Council may carry out inspections. The officer must have the appropriate qualifications, skills, knowledge and experience to carry out an inspection.
Council must undertake inspections in accordance with the Practice Direction issued by the State Planning Commission. The inspection requirements are similar to the current Policy https://www.naracoortelucindale.sa.gov.au/__data/assets/pdf_file/0017/181520/Building- and-Swimming-Pool-Inspection.pdf so there should not be additional impact on resources.
Refer to Attachment 13.3
Building & Swimming Pool Inspection Policy
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RECOMMENDATION
MOVED CR SECONDED CR
That Policy 9 - Building and Swimming Pool Inspection as required by the Planning Development & Infrastructure Act 2016 is adopted.
14. Reports for Information
14.1 Operations Report
Responsible Officer: Manager Operations – Daniel Willsmore
Strategic Outcome: Progressive Leadership – A well led and managed district supported by an ethical approach to managing infrastructure through the delivery of projects and services to the community Financial Implication: In accordance to approved budgets
Statutory Implication:
Policy Implication:
Consultative and Community Implication:
Report
Below is a summary of some of the key activities and items of interest from the past month in the Operations Department.
• Rural Living tree trimming • Unsealed road repairs • Stormwater maintenance – pit cleaning • Street tree maintenance • Sealed road repairs • Footpath maintenance • Rubble raising and crushing – Redhill, Smiths pit • Sign maintenance • Town entry maintenance • Rural roadside tree trimming, as at 28/06/2020. The contractor did not complete the contract works and has been offered an extension to complete the works within set dates
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Road Name Meters Location Completed Atkinsons Road 547 Wild Dog Valley Beggs Road 2232 Avenue Furner complete Bowaka Road 546 Conmurra complete Butlers Road 4495 Naracoorte Canes Road 3142 Lochaber complete Carrachers Road 4994 Avenue Furner complete Charcutt Road 10455 Coles Cluain Lane 8086 Coles Cockys Lane 5567 Conmurra complete Conkar Plains Road 1370 Lucindale complete Conricks Road 9464 Lucindale complete Crooked Lane 15594 Moyhall complete Country Club Road 3000 Lucindale complete Deepwater Road 11763 Lochaber Diagonal Road (Coles) 19039 Coles Elad Road 12512 Lucindale Ellisons Road 10262 Fox Ferguson Road 1700 Lucindale complete Gerritsens Road 2793 Cadgee Gurmackamuck Road 6324 Binnum Hahns Road 4076 Kybybolite Hancock Road 380 Avenue Furner complete Hansberry Road 2261 Lucindale complete Heinrichs Road 4851 Conmurra complete Hewton Road 2530 Coles Higgs Road 1611 Naracoorte Holmans Road 767 Lucindale Hoods Lane 10348 Bool Lagoon complete James Road 20685 Woolumbool Jessie Road 13278 Hynam Joys Road 2628 Binnum Kerewong Road 6233 Avenue Furner Khayyam Road 8502 Fox Kilmorey Road 13771 Woolumbool complete Knights Road 3469 Lochaber complete Laurie Park Road 11368 Koppamurra Legges Lane 17798 Fox Limberts Road 2619 Moyhall Little Gums Road 2611 Woolumbool complete
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Lobbans Road 2855 Laurie Park Loxtons Road 4095 Conmurra complete Maranoa Downs Road 13306 Stewart Range complete Michaels Road 3035 Mount Light Monfries Road 6937 Conmurra complete Moores Road 2120 Binnum Mount Bruce Road 3410 Conmurra complete Mueckes Road 2259 Binnum Mullinger Road 2913 Kybybolite Nilans Lane 2631 Bool Lagoon complete Old Coach Road 9899 Avenue Furner complete Old Robe Road 20936 Conmurra complete Olivers Road 1668 Avenue Furner complete Peakes Road 5871 Lochaber complete Pedericks Road 10907 Lochaber complete Pistol Club Road 2807 Naracoorte Pitts Lane 2078 Mount Light Range Road 12763 Cadgee Rochow Wrays Road 9227 Laurie Park complete Roy Lawries Road 12568 Lochaber complete Saunders Road 5855 Spence complete Schultzs Road 4651 Koppamurra complete Settlers Road 12596 Conmurra complete Stoney Point Road 1578 Struan Teates Road 3153 Frances complete Tivers Road 6153 Spence complete Tresant Road 12738 Stewart Range Walkington Hills Road 4007 Frances Wardles Road 10992 Stewart Range Waters Road 1677 Binnum Welcomes Road 2251 Naracoorte complete West Avenue Extension 15620 Avenue Furner complete West Avenue Road 13351 Conmurra complete White Malones Road 2039 Laurie Park complete Woolumbool Road 22872 Woolumbool complete Wrights Road 2257 Naracoorte complete
• Patrol grading – all 5 graders have been operating, list complete as at 07/07/2020
There has been quite a bit of media regarding the “downgrading” of Council roads. There was a change in classification for approximately 55 roads, reflecting their lower level of use. As was noted in the June 2019 report when the Road and Stormwater Asset Management
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Plan was adopted, this is a live plan and will be continually updated. An update will be provided to the next SAM Committee meeting for review. The changes reflect the life expectancy of the roads, not the maintenance that Council will undertake. This will be clarified in the next version of the plan. All roads are being graded as per previous years.
Council’s grading is divided into 5 areas and some areas have been completed and a second round of grading commenced. There have been generally good conditions for grading with only a small amount of time lost due to wet weather in the western part of the Council district.
Length Road Name (m) Locality RR_Hierarchy Completed Adams Road 404 Binnum Limited Access Track Atkinsons Road 547 Wild Dog Valley Limited Access Track Badmans Road 1595 Frances Limited Access Track Bagnalls Road 2667 Coles Limited Access Track Baingers Loop Road 1415 Conmurra Limited Access Track Bakers Range Road 1795 Lucindale Access Balloogie Road 4374 Fox Access Bangham Road 3700 Frances Access Banksia Lane 1282 Naracoorte Access Barrett Road 431 Frances Access Beaumaris Road 5864 Keppoch Collector Beggs Road 2232 Avenue Furner Access Biggins Lane 847 Naracoorte Access Biggins Road 5327 Naracoorte Local Black Range Road 9396 Lucindale Collector Blackwell Road 368 Naracoorte Local Bournes Road 3705 Bool Lagoon Access Bowaka Road 546 Conmurra Access Braemar Road 2300 Lochaber Access Braunacks Road 3966 Mount Light Access Bridge Road 5210 Moyhall Access Broadlands Lane 8433 Lucindale Limited Access Track Brooklyn Road 10776 Lucindale Collector Burkes Road 919 Naracoorte Access Burzacotts Lane 323 Lucindale Limited Access Track Butlers Road 4495 Naracoorte Access Canes Road 3142 Lochaber Limited Access Track Carrachers Road 4994 Avenue Furner Access Carthys Road 1570 Naracoorte Local Cartwrights Road 1018 Naracoorte Limited Access Track Cedar Avenue Extension 1183 Naracoorte Urban Chapples Road 9357 Wild Dog Valley Collector Charcutt Road 10455 Coles Collector
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Charlie Smiths Road 2012 Naracoorte Access Church Lane 3407 Lucindale Access CK Smiths Road 2600 Mount Light Access Clarksons Road 1518 Mount Light Collector Clezys Lane 5127 Naracoorte Access Cluain Lane 8086 Coles Access Cockys Lane 5567 Conmurra Access Concrete Bridge Road 7955 Koppamurra Collector Conkar Road 14000 Binnum Collector Conkar Plains Road 1370 Lucindale Limited Access Track Conricks Road 9464 Lucindale Access Cooee Road 4975 Kybybolite Local Cootes Road 2780 Stewart Range Limited Access Track Corbins Road 6135 Stewart Range Collector Country Club Road 3000 Lucindale Collector Cox Road 1598 Lucindale Access Crinogle Road 2572 Frances Limited Access Track Cromper Road 5267 Mount Light Local Crooked Lane 15594 Moyhall Access Curnows Lane 359 Lucindale Limited Access Track Danbys Road 4048 Frances Access Deepwater Road 11763 Lochaber Local Delmont Road 1540 Coles Limited Access Track Deviation Road (Lochaber) 1787 Lochaber Access Dews Lane 150 Joanna Limited Access Track Diagonal Road (Coles) 19039 Coles Local Diagonal Road (Wrattonbully) 5737 Wrattonbully Local Dickensons Road 4099 Lochaber Access Donald Street 137 Naracoorte Limited Access Track Donohughes Lane 2259 Stewart Range Limited Access Track Doolans Road 1390 Naracoorte Access Dows Lane 3100 Lucindale Limited Access Track East Settlement Road 11400 Wrattonbully Local Edwards Road 3700 Koppamurra Local Elad Road 12512 Lucindale Local Ellisons Road 10262 Fox Access Elmor Road 1384 Cadgee Limited Access Track Ewers Lane 1633 Conmurra Limited Access Track Fellwood Road 6012 Avenue Furner Access Fernliegh Lane 5599 Fox Local Fisks Road 2376 Lochaber Limited Access Track Fogartys Road 3038 Stewart Range Access Forest Road 2438 Joanna Limited Access Track Forfeit Lane 4683 Lucindale Access
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Fox Lane 14873 Fox Limited Access Track Freckleton Road 1682 Joanna Limited Access Track Gare Road 1271 Naracoorte Limited Access Track Gerritsens Road 2793 Cadgee Access Gooseneck Swamp Road 2221 Spence Limited Access Track Greens Road 3650 Lochaber Limited Access Track Grubbed Road 11000 Keppoch Link Gum Point Road 600 Moyhall Access Gun Club Road 820 Moyhall Limited Access Track Gunning Road 1222 Naracoorte Access Gurmackamuck Road 6324 Binnum Access Guys Lane 3009 Lucindale Limited Access Track Hahns Road 4076 Kybybolite Access Hampton Road 2425 Wild Dog Valley Access Hancock Road 380 Avenue Furner Limited Access Track Hansberry Road 2261 Lucindale Access Hansens Road 3323 Moyhall Limited Access Track Haynes - Edwards Road 2737 Mount Light Collector Haynes Road 2136 Koppamurra Access Haystack Lane 10800 Conmurra Access Hazels Road 7176 Wild Dog Valley Access Heggies Road 5817 Spence Access Heinrichs Road 4851 Conmurra Access Herolds Road 3791 Frances Access Hewton Road 2530 Coles Limited Access Track Hidden Valley Road 2500 Stewart Range Limited Access Track Higgins Hd Line 434 Conmurra Access Higgs Road 1611 Naracoorte Access Hodges Lane 4448 Joanna Collector Hollumberg Road 981 Lucindale Access private Holmans Road 767 Lucindale Limited Access Track Hoods Lane 10348 Bool Lagoon Access Irvings Road 1390 Moyhall Access Jabe Williams Road 2629 Avenue Furner Access James Road 20685 Woolumbool Local ongoing Jessie Road 13278 Hynam Local Jim Kelly Road 1331 Mount Light Access Jim Rowes Road 2272 Kybybolite Access Johnson Road 9294 Wild Dog Valley Local Johnstons Road 1430 Keppoch Local Joys Road 2628 Binnum Access Kennys Road 6715 Wild Dog Valley Access Kerewong Road 6233 Avenue Furner Access Khayyam Road 8502 Fox Local
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Kilmorey Road 13771 Woolumbool Local Kirklands Road 1528 Fox Limited Access Track Knights Road 3469 Lochaber Limited Access Track Kochs Road 4045 The Gap Access Lake Ormerod School Road 1714 Stewart Range Limited Access Track Laurie Park Road 11368 Koppamurra Collector Lawreys Road 1784 Lucindale Access Legges Lane 17798 Fox Access Limberts Road 2619 Moyhall Access Lindsay Hoods Road 3612 Bool Lagoon Access Resheeted Little Gums Road 2611 Woolumbool Access Lobbans Road 2855 Laurie Park Access Resheeted Lochaber South Road 14638 Stewart Range Collector Locks Road 1323 Wild Dog Valley Access Loechel Road 2690 Lucindale Access Lorimer Road 571 Naracoorte Access Lovers Lane 2301 Lucindale Limited Access Track Loxtons Road 4095 Conmurra Access Ludwigs Lane 1530 Stewart Range Limited Access Track Maaoupe Road 1423 Bool Lagoon Access Macdonalds Lane 3041 Coles Access Mahoney Road 1612 Naracoorte Access Malones Road 2052 Binnum Access Mantons Lane 733 Naracoorte Access Maranoa Downs Road 13306 Stewart Range Access Marcus Court 212 Naracoorte Access Marshall Road 1081 Frances Access Martins Lane 299 Moyhall Limited Access Track Martins Road 670 Naracoorte Access Mason Road 226 Naracoorte Access Masons Road 1669 Lucindale Access Mathersons Road 3231 Lucindale Access Mattners Road 4167 Wild Dog Valley Access McBain Avenue 265 Naracoorte Limited Access Track Mcelroy Road 2933 Keppoch Access Mcewens Lane 2177 Conmurra Access McEwins Road 3680 Lochaber Limited Access Track Mcgowans Road 5025 Hynam Local Completed with Welcomes Mcinness Lane 5164 Naracoorte Limited Access Track Rd Resheet McKenzies Lane 2675 Koppamurra Limited Access Track Mcleans Road 2698 Keppoch Access
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Memorial Drive Extension 1827 Naracoorte Collector Menhennits Road 578 Wild Dog Valley Access Messamurray Road 15278 Stewart Range Collector Michaels Road 3035 Mount Light Limited Access Track Miles Road 9300 Laurie Park Access Mill Road 5566 Kybybolite Local Millers Lane 1608 Binnum Limited Access Track Monfries Road 6937 Conmurra Access Moolyella Road 384 Binnum Limited Access Track Moores Road 2120 Binnum Access Morambro Road 8951 Lochaber Collector Mount Bruce Road 3410 Conmurra Local Mount MacIntosh Road 1377 Naracoorte Access Moyhall Road 24900 Moyhall Link Moyhall - Struan Road 11400 Struan Limited Access Track Mueckes Road 2259 Binnum Access Mugfords Road 1569 Avenue Furner Access Mullinger Road 2913 Kybybolite Access Mundalena Road 7641 Lucindale Access Munn Road 1866 Wild Dog Valley Access Nambour Road 1058 Wrattonbully Collector Nelsons Road 7837 Coles Access Nilans Lane 2631 Bool Lagoon Limited Access Track Nolans Road 2761 Laurie Park Local North Settlement Road 7308 Joanna Local Obournes Lane 6796 Bool Lagoon Limited Access Track Old Coach Road 9899 Avenue Furner Local Old Kingston Road 13600 Stewart Range Collector Old Robe Road 20936 Conmurra Collector Olivers Road 1668 Avenue Furner Limited Access Track Ortons Road 2530 Keppoch Collector Pallants Road 1350 Hynam Access Parsons Lane 1948 Hynam Local Peakes Road 5871 Lochaber Limited Access Track Pedericks Road 10907 Lochaber Access Penders Road 6912 Hynam Local Penola Hundred Line 3955 Joanna Access Perkins Road 1953 Binnum Limited Access Track Petchs Road 5530 Binnum Access Peter Bournes Road 1177 Lochaber Limited Access Track Peters Lane 3830 Wild Dog Valley Access Pistol Club Road 2807 Naracoorte Access Pitts Lane 2078 Mount Light Access Plantation Road 4430 Spence Collector
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Pondam Road 4392 Kybybolite Access Porters Lane 121 Lochaber Limited Access Track Possinghams Road 2495 Koppamurra Access Potts Lane 668 Lucindale Access Prices Road 1954 Stewart Range Access Pridhans Road 1447 The Gap Access Rabbits Lane 1651 Struan Limited Access Track Racecourse Road 1817 Frances Access Radfords Road 1746 Wild Dog Valley Access Ralphs Road 2922 Binnum Access Range Road 12763 Cadgee Access Reid Road 9154 Lucindale Collector Repeater Station Road 4079 Naracoorte Access Ricketts Lane 4621 Lochaber Access Rivetts Road 953 Avenue Furner Access Robertson Hundred Line Road 8217 Mount Light Access Rochow Wrays Road 9227 Laurie Park Collector Rotary Avenue 1140 Naracoorte Access Roxley Park Road 992 Lucindale Access Roy Lawries Road 12568 Lochaber Access Saunders Road 5855 Spence Access Schinckels Road 8400 Kybybolite Link Schultzs Road 4651 Koppamurra Local Resheeted Scotglade Lane 1663 Fox Limited Access Track Scottney Road 852 Struan Limited Access Track Settlers Road 12596 Conmurra Access Seymour Road 241 Naracoorte Access Sharams Road 723 Wild Dog Valley Access Shuards Lane 1866 Lochaber Access Sinclairs Road 991 Naracoorte Limited Access Track Skye Road 731 Binnum Access Smiths Lane 2838 Joanna Limited Access Track Springs Road 400 Naracoorte Access St Margarets Road 7243 Woolumbool Access Stewarts Range Road 13654 Stewart Range Collector Stoney Point Road 1578 Struan Local Stotts Lane 1400 Joanna Limited Access Track Struan - Joanna Road 7122 Joanna Local Tarcas Road 3206 Binnum Access Taylors Road 1026 Struan Limited Access Track Teates Road 3153 Frances Access The Valley Lane 1031 Avenue Furner Limited Access Track Not Thompsons Road 411 Naracoorte Access required
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Tilley's Lane 1011 Lucindale Access Tintagel Road 653 Struan Access Tivers Road 6153 Spence Access Toms Road 2559 Laurie Park Limited Access Track Treatment Works Road 2057 Naracoorte Access Tresant Road 12738 Stewart Range Access Tulip Downs Road 3978 Spence Access private Turnbulls Road 1515 Naracoorte Access Valley View Road 700 Naracoorte Access Vanstones Lane 3347 Avenue Furner Access Vanstones Road 400 Naracoorte Access Vincents Road 2464 Koppamurra Access Vines Road 2509 Bool Lagoon Access Walding Drive 524 Naracoorte Access Walkington Hills Road 4007 Frances Access Walla Walla Road 5935 Hynam Access Wardles Road 10992 Stewart Range Access Washpool Road 605 Avenue Furner Access Waters Road 1677 Binnum Access Welcomes Road 2251 Naracoorte Access Resheeted West Avenue Extension 15620 Avenue Furner Access West Avenue Road 13351 Conmurra Link White Malones Road 2039 Laurie Park Access Wild Dog Valley Road 7279 Naracoorte Local Wilkins Road 962 Naracoorte Access Williams Road (Conmurra) 3263 Conmurra Local Woodend Road 6719 Conmurra Access Woolumbool Road 22800 Woolumbool Link Woolwash Lane 4287 Stewart Range Access Wrights Road 2257 Naracoorte Local
FOR MEMBERS’ INFORMATION
14.2 Planning and Compliance Report
Responsible Officer: Manager Planning and Compliance - Paul McRostie
Strategic Outcome: Liveable neighbourhoods - a range of well-planned neighbourhoods and public space, designed with a strong sense of identity and place Prosperous community - Facilitating and supporting sustainable growth to achieve economic prosperity
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Healthy Landscapes - Working together to protect and enhance our natural environment for the future Financial Implication: Financially accountable and sustainable organisation
Statutory Implication: Compliance with relevant legislation
Policy Implication: Compliance with Council’s policies & procedures
Consultative and Community Implication:
Report
Development and Approval Statistics
• Officers approved 24 development applications for June. • Total value for June was $1,724,952 • Development applications approved included three detached dwellings, three farms sheds, three domestic sheds, two machinery sheds, two hay sheds, a toilet block, pergola, sheep cover shelter, garage, carport, relocation of advertising signage, truck & trailer parking facility with associated accommodation units and a change of use for the Migrant Resource Centre. Hotel Alterations for the Kincraig Hotel have also been approved.
Council Assessment Panel
The Council Assessment Panel met on 2 July 2020.
Items discussed at the meeting included:
• 674/083/20 Joe & Jennie Martin – Dwelling. The panel granted development plan consent.
The Council Assessment Panel Minutes 2 July 2020 are attached.
Building Maintenance
• Solar LED skylights installed in the Lucindale CBD toilets. • Fire hose reel installed at Lucindale Town Hall to meet fire safety standards. • LED lighting scheme to change over lights at the Lucindale Depot, Naracoorte Depot yard and Naracoorte Art Gallery. Remaining council buildings to be changed over to LED lighting in the near future. • Work to begin next month on the renovation of the men’s Council office toilets, new flooring/vanity/toilets and lighting. • White ant inspections to begin next month. • No reports of vandalism Future Projects
• Patch/repair Art Gallery windows • New shed to be built at the Naracoorte Depot
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• New stairs to be built from depot carpark to office to address current step not being compliant. • Re-tiling bathroom/toilet/laundry in Unit 5 at the HTRV as current tiles have lifted
Compliance Officer
Compliance - June 2020 Parking Warning Verbal Loading zone Time Parking Disabled Other 7 6 22 Parking Warning Written Loading zone Time Parking Disabled Other 6 4 10 Parking Expiation Loading zone Time Parking Disabled Other 1 Vehicles 24Hr Notice Towed Expiation 2 Dog Warning Wandering at Large Offlead Unregistered Other 1 2 1 Dog Expiation Wandering at Large Offlead Unregistered Other 3 1 Dog Pick up Return to owner Pound Rehome Euthanasia 4 3 Neighbour Barking dogs Complaints survey Control order 1 Dog Attack Complaints Control order
Stock Cattle On Road Sheep On Road Other On Road Dead Animal 1 1 1 Fire Permits 105F Warning Expiation 1 Rubbish Unsightly Property Grass (request) (request) New Ongoing
Fuel Curing/Greening Ceased
Corella Management Ceased
Refer to Attachments 14.2
Council Assessment Panel Minutes 2 July 2020 Development Decisions and Approvals Report
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FOR MEMBERS’ INFORMATION
14.3 Governance and Community Development Report
Responsible Officer: Manager Governance and Community Development - Sally Klose Strategic Outcome: Theme 1 - Prosperous Community Theme 2 - Harmony and Culture Financial Implication:
Statutory Implication:
Policy Implication:
Consultative and Community • Sought after visitor destination Implication: • An inclusive community • A creative and artistic community • A healthy and resilient community • Learning community
Report
Communications
There’s an old adage that communication is the key, and we certainly made sure we communicated with the community in June with a busy month across all areas of communications.
Media releases issued during June included two COVID-19 updates on the expansion of service delivery following the easing of restrictions, community consultation on the 2020-21 Draft Annual Business Plan and Budget, vacancies at Lucindale’s Harry Tregoweth Retirement Village, development application notifications and the announcement of prize winners from the highly-successful “Better by Nature” Community Wellbeing Short Film and Photo Competition.
Council’s Your Say community consultation website reached new heights in June, with almost 2,000 people visiting the three consultation pages open during the month. Voting for the People’s Choice Awards in the “Better by Nature” competition scored 1,700 of these visitors, the 2020-21 Draft Annual Business Plan and Budget 123 visitors and the Arts and Culture Poll 152 visitors. Significantly, the “Better by Nature” page attracted 272 new registrations to our Your Say website, almost doubling the total registration numbers.
Forty-four people took part in the Arts and Culture Poll survey with 75% of respondents indicating they would like art and cultural offerings to be expanded in the local area. The survey results also highlighted the importance of public participation in the arts and the
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020 connection to art in public places, with the visual arts being the most important arts element for the majority of respondents.
Google Analytics data on the website for the month of June continued to show growth with 3,693 users, including 3,127 new users – compared to May’s figures of 3,655 users, including 3,060 new users. Our website also recorded 13,269 views.
Council’s online growth was similarly evident last month on analysis of its social media platforms. Facebook followers grew to 2,490 by the end of June, Twitter attracted 62 new followers and Instagram followers climbed to just under 2,000 by 15 July. The most popular social media posts across all platforms in June related to the “Better by Nature” Community Wellbeing Short Film and Photo Competition, Council’s new roadside timber collection policy, dogs in the pound and Lucindale’s new heritage signage.
Facebook Content Engagement March-June 2020 60
50
40
30
20
10
0 March April May June
Average Monthly Comments Average Monthly Reactions Average Monthly Shares
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Newsletter
Council’s Winter 2020 Newsletter has just been mailed out with the first quarter rates notices for 2020-21. You can view the Newsletter on our website at https://www.naracoortelucindale.sa.gov.au/council/news-tenders-and- employment/newsletter
Citizenship Ceremony
Council will hold a Citizenship Ceremony at the Naracoorte Town Hall at 4.30pm on Thursday 30th July for 13 new Australian citizens with countries of origin including Mauritius, the United Kingdom, New Zealand, Lao People’s Democratic Republic, Philippines, Ethiopia, Turkey and Vietnam. This will be the first locally-held Citizenship Ceremony since Australia Day on 26 January.
2020 Naracoorte World Heritage Festival and Run
Two meetings have been held to begin planning for the 2020 Naracoorte World Heritage Festival and Run on Sunday 22 November. Applications have been submitted to the Department of Environment, Water and Natural Resources and Forestry SA for approval to hold the event on National Park and Forestry land.
LC Volunteer Service - Volunteer Coordinator – Caroline Menzel
18 Volunteer information exchanges were recorded in June • Lifeline Care Ring (3) • Red Cross Tele Redi (8) • Meals on Wheels (5) • Volunteering SA / NT COVID-19 Emergency Response (2)
Publications and Projects Limestone Coast Volunteer Service Facebook Page Page Likes 81 Followers 79 June: Engagements: 1,912 Post Reached 632
Volunteer Network Meetings / Introductions conducted via Zoom Limestone Coast Volunteer Managers Network CommuniTEA Volunteering SA / NT – Re-igniting your volunteer involvement South Australia Local Government Volunteer Managers Network Meeting South Australian Volunteering Strategy ‘Have your Say’ Survey
Naracoorte Library
The Naracoorte Public Library gladly incorporated the gradual easing of restrictions due to COVID-19 in June. Book clubs have been meeting, when permitted, in private homes. Customers are gradually returning to visit the Library but numbers are still below average at this stage. The number of items borrowed from the Library in June has almost returned to normal.
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Customers using the Library 6030
5030
4030
3030
2030
1030
30
2019/20 2018/19 2017/18 2016/17
Number of items borrowed from the Library 7100 6100 5100 4100 3100 2100 1100 100
2019/20 2018/19 2017/18 2016/17
Visitor Information Centre
The Naracoorte Visitor Information Centre re-opened on Wednesday 3rd June. Visitor numbers have been slow, but steady. There were 383 enquiries (91 local residents) for June – 91 visitors were day visitors, 52 stayed overnight and 76 stayed for 2 nights or longer.
There were 82 entries to the Sheep’s Back Museum.
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Total Inquiries Naracoorte Visitor Information Centre 1600
1400
1200
1000
800
600
400
200
0
2020 2019 2018 2017
Council has supported SATC’s Welcome Back campaign with social media posts. Since the launch of the SATC’s Welcome Back campaign, there’s been over 1.3 million visits to the state’s key tourism portal – southaustralia.com – including over 775,000 (more than half) from interstate. What this shows, is that while restrictions may have prevented travel, the interest in South Australia and its vast and varied tourism product has actually grown, including from across the borders.
SATC has just launched its next campaign “A Great State To Be In” – targetting intrastate travellers and celebrating the great state that South Australia is – and is in. SATC is also running “You Have To See It To Believe It” campaign – targetting Queensland and the Northern Territory where borders are unrestricted, as well as Western Australia which will be important for the self-drive market.
Town Halls - Venues and Tourism Officer – Nigel Nisbett
Both the Lucindale and Naracoorte halls re-opened on 3 June for bookings and are complying with the COVID-19 restrictions in regards to limited numbers in the different rooms at the halls.
Naracoorte Town Hall – June 2020
Bookings 2 Attendance 38 Revenue $517.00
For June there were 2 bookings - 1 meeting and 1 public event - for the Naracoorte Town Hall.
Lucindale War Memorial Town Hall – June 2020
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Bookings 1 Attendance 8 Revenue $0.00
There was one booking for the Lucindale Memorial Hall, which was a LINC Meeting.
FOR MEMBERS’ INFORMATION
15. Publications, documents or information from other bodies
Key outcomes LCLGA Board Meeting 19 June 2020 LCLGA General Meeting Minutes 19 June 2020
16. Questions with Notice
16.1. Question with notice – Cr Grundy
ROADS AND ROAD HIERACHY
1 (a) Why was the decision taken to re classify the 55 roads reducing their status on the Road Hierarchy from the document dated February 2019 to the Road and Stormwater Infrastructure Management Plan (2020-2028/2029)?
CEO Comment The recommended Road & Stormwater Infrastructure Management Plan (RSIAMP) was presented to Council for consideration, with the reclassification of 55 roads proposed to more accurately reflect the type of roads in existence. The classification of any road can be reviewed and amended by Council, with the classification of roads being about the renewal and expected standard of road. All Asset Management Plans should be reviewed annually, and it is expected that the RSIAMP will be presented for review at the August 2020 SAM Committee Meeting.
1 (b) Though verbally it has been confirmed that the service levels would be maintained consistent with the 2019 Road Description and Performance Requirements, why were the following service requirements omitted from the Road and Stormwater Infrastructure Management Plan?
Local Roads – sealing reference Access Rural – Patrol grading once to twice per year Limited Access – Patrol grading once to twice per year
CEO Comment The service requirements omitted from the RSIAMP should be reinstated to formally reflect no change in service/maintenance requirements and expectations.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
1 (c) By reducing the status of the 55 roads on the Road Hierarchy did this enable the reduction in the depreciation costs by the approximately $1m of the valuation of the Rural Road Network?
CEO Comment A realistic assessment of how often particular roads would be resheeted was undertaken. Prior to this assessment, every road was listed to be resheeted every 20 years and valued as if the depth of rubble was consistent across all roads. This is not what happens on the ground. Limited access tracks are generally not resheeted and have a shallower depth of rubble reflecting their level and type of use. They are maintained via grading and potholing and may have rubble added from time to time, but rarely will be resheeted.
Local Roads previously had the same depth of rubble as a Link Road. Following the revaluation these roads were valued as having less depth of rubble, again reflecting what occurs on the ground.
The change to the value of roads and re-sheeting timeframes did impact by reducing depreciation. Eg.Peake’s Road, Lochaber was classed as an Access Road prior to reassessment and is now a Limited Access track. This road would not be resheeted every 20 years. It has recently been graded and will continue to be maintained to this standard.
Of Council’s 1,184 kilometres of unsealed roads, the expected lifespan of 725 kilometres was increased beyond 20 years. As noted in the June 2019 report, improvements to information, data, adjustments to classifications and changes due to the use of the road will continue to occur as necessary.
1 (d) Who/What instrument was referenced for reducing the valuation of the road network by approximately $1m?
CEO Comment An independent road validation assessment was undertaken by Greenhill Engineers in 2018/19, selected from a tender process. Unit rates for each road segment: sub base, base, lower and upper seal, have been calculated using a combination of projects completed by Council and its contractors, and where insufficient data exists, external information. The effect of this is more accurate information about our road network and a more accurate value.
1 (e) Will the reduction in the depreciation costs ultimately lead to a reduction in the required ongoing expenditure, both capital and maintenance, when applying the “ratio expenditure” best practice model?
CEO Comment Not necessarily. In theory, Council should only have to expend the level of depreciation to renew (capital) its road network and maintain its value and life. In effect, depreciation is an operating expense, which should then be expended on renewing relevant assets. If Council has a backlog of capital works required, then it will be a Council decision on the level of capital works that it should undertake. The question then is how these works will be funded over time. The linkage of the RSIAMP and Long Term Financial Plan is to enable Council to make informed decisions about its expenditure and revenue position over a longer period, rather than on a short-term 12 month cycle.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
Maintenance is a separate operating expense and should not be affected by an increase or decrease in depreciation.
1 (f) Over the last 5 years, what has been the percentage of the gross council income (excluding grants) spent on rural roads, in the form of capital and maintenance when averaged on a per annum basis?
CEO Comment This is a fair question, but will take more effort to work through our past 5 years’ budgets and financial statements, and I will provide this information within the Council Agenda at the August 2020 Council Meeting.
1 (g) Over the next 5 years what is the budgeted amount to be in the form of capital and maintenance spent on rural roads per annum when measured as a proportion of the council’s gross income excluding grants?
CEO Comment As per question 1(f), but this may be more challenging to provide, particularly for capital works. Any information provided for the next 5 years would all be subject to future Council decisions.
CHANGES OR ALTERATIONS TO COUNCIL MEETING AGENDA ITEMS AND ASSOCIATED REPORTS
2 (a) Where councillors are asked to deliberate and or endorse any changes to any reports or working documents to do with council matters for example the Road and Stormwater Infrastructure Management Plan, can council adopt a policy of creating a summary of the proposed changes by way of a “summary sheet” at the beginning of the respective report and or have the document marked up with proposed deletions and additions in the same way that amendments to Council Policies are presented at our formal council meetings?
2 (b) In order to adopt this procedure are we required to formalise a policy by way of a formal motion?
CEO Comment With existing documents, it is easy to provide a ‘tracked version’ of suggested amendments for elected members to consider. A new document is more challenging to do so, but a summary of suggested amendments can and should be provided within a Council Officer’s report. I would consider that this can be achieved through our approach to information provided within a Report to Council, rather than a policy.
I would also reinforce that elected members do not have to accept a recommendation contained within a Council Agenda, and if they are not comfortable with the level of information provided, then it is ultimately within elected members collective decision making powers to accept, not accept, defer, or request further information to assist in decision making.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
16.2. Question with notice – Cr Rayner
Council has recently downgraded many of the rural roads for maintenance purposes. What is the criteria for electors to have their roads upgraded to trafficable status?
CEO Comment Council has not downgraded any of our rural roads for maintenance purposes.
Within the Roads & Stormwater Infrastructure Management Plan, there were a number of roads that had a change of category – and this reflects the actual status of road, and the life/renewal of the road – not maintenance. Maintenance practices have not changed.
From a criteria for upgrade purposes, Council has adopted Policy 107 - Road Network Extension and Upgrade and this policy is attached for further information. This policy was first adopted in August 2006, and has been amended over time to its current form.
This Policy provides a basis for Council to determine applications to extend or upgrade the Naracoorte Lucindale Council road network. Naracoorte Lucindale Council recognises that care and management of its existing road infrastructure assets is an essential element in achieving the organisation’s stated vision and to meet the present and future needs of the community.
Refer to Attachment 16.2
Policy 107 - Road Network Extension and Upgrade
17. Motions with Notice
18. Questions without Notice
19. Motions without Notice
20. Matters the CEO recommends be considered in confidence
THE CHIEF EXECUTIVE OFFICER ADVISES THAT THE FOLLOWING ITEMS MAY BE CONSIDERED IN CONFIDENCE ON THE GROUNDS SPECIFIED IN THE RECOMMENDATION. IF MEMBERS ARE OF THE VIEW THAT AN ITEM SHOULD BE CONSIDERED IN CONFIDENCE, THE FIRST RECOMMENDATION FOR EACH ITEM SHOULD BE ADOPTED.
IF THE COUNCIL IS OF THE VIEW THAT THE REPORT, THE MINUTES, OR A DOCUMENT RELATING TO THE ITEM SHOULD BE KEPT CONFIDENTIAL THE SECOND RECOMMENDATION SHOULD BE ADOPTED.
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AGENDA FOR COUNCIL MEETING BEING HELD ON 28 July 2020
20.1. Road Construction – McRae Street
RECOMMENDATION
MOVED CR SECONDED CR
Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all members of the public except Chief Executive Officer, Trevor Smart, Director Operations, Steve Bourne, Director Corporate Services, Fiona Stringer, Manager Governance and Community Development, Sally Klose, Manager Planning and Compliance, Paul McRostie, Manager Operations, Daniel Willsmore, and Community Engagement Officer, Josie Collins, be excluded from attendance at the meeting for Agenda Item 20.1 Road Construction – McRae Street.
The Council is satisfied that, pursuant to Section 90(3)(k) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is a contract for the supply of goods, the provision of services or the carrying out of works.
The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances to prevent the disclosure of information relating to the provision of services.
RECOMMENDATION
MOVED CR SECONDED CR
That having considered Agenda Item 20.1 Road Construction – McRae Street in confidence under Section 90(2) and (3)(k) of the Local Government Act 1999, the Council, pursuant to Section 91(7)(b) of that Act orders that all documents and all minutes be retained in confidence until the matter is finalised.
20.2. Contract Bitumen Works
RECOMMENDATION
MOVED CR SECONDED CR
Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all members of the public except Chief Executive Officer, Trevor Smart, Director
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Operations, Steve Bourne, Director Corporate Services, Fiona Stringer, Manager Governance and Community Development, Sally Klose, Manager Planning and Compliance, Paul McRostie, Manager Operations, Daniel Willsmore, and Community Engagement Officer, Josie Collins, be excluded from attendance at the meeting for Agenda Item 20.2 Contract Bitumen Works.
The Council is satisfied that, pursuant to Section 90(3)(k) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is a contract for the supply of goods, the provision of services or the carrying out of works.
The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances to prevent the disclosure of information relating to the provision of services.
RECOMMENDATION
MOVED CR SECONDED CR
That having considered Agenda Item 20.2 Contract Bitumen Works in confidence under Section 90(2) and (3)(k) of the Local Government Act 1999, the Council, pursuant to Section 91(7)(b) of that Act orders that all documents and all minutes be retained in confidence until the matter is finalised.
20.3 CEO Committee
RECOMMENDATION
MOVED CR SECONDED CR
Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all members of the public be excluded from attendance at the meeting for Agenda Item 20.3 CEO Committee.
The Council is satisfied that, pursuant to Section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to this Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead).
The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances to prevent the disclosure of information relating to the personal affairs of the Chief Executive Officer.
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RECOMMENDATION
MOVED CR SECONDED CR
That having considered Agenda Item 20.3 CEO Committee in confidence under Section 90(2) and (3)(a) of the Local Government Act 1999, the Council, pursuant to Section 91(7)(b) of that Act orders that all documents and all minutes be retained in confidence until the matter is finalised.
21. Meeting closed
Meeting closed at insert time pm.
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Local Government Reform Submission to Minister
1 Background Correspondence was received from the Hon Stephan Knoll MP, Minister for Transport, Infrastructure and Local Government seeking input from Councils on local government reform.
This follows from a Premiers Roundtable Discussion held in February 2019 with 45 Mayor’s from across South Australia to discuss potential local government reform.
Areas of local government and activity that the Minister considers could benefit from a fresh look and sensible reform include:
• Stronger council member capacity and better conduct Council members nominate for council to make decisions for, and to act in the best interests of their community. Legislation plays an important role in assisting them to do this, and to ensure that their decisions are always made with the highest standards of integrity. We are seeking ideas on the tools that councils need to ensure that relationships amongst their members are constructive, and that all council members have the knowledge and skills to perform their roles.
• Lower costs and enhanced financial accountability We’re interested in ideas about ways to improve the provisions that guide all councils’ financial accountability, to deliver a system of local government that councils’ constituents see as robust, sustainable and transparent.
• Efficient and transparent local government representation The review will also incorporate a review of the 2018 local government elections. This review may consider all aspects of local government elections, for example, voting methods, the voters roll, timing of elections, the role of candidate donations and information provided to voters.
• Simpler regulation A broad based review of the Local Government Act 1999 is an opportunity to identify statutory requirements whose costs outweigh their public benefits. We would appreciate hearing of ideas for improvements that allow your council to better focus on the services that your community values most.
2 Submission
2.1 Stronger Council Member Capacity and Better Conduct
Code of Conduct Section 63—Code of conduct for members provides that: (1) The Governor may, by regulation, prescribe a code of conduct to be observed by the members of all councils. (2) Council members must observe the code of conduct.
While the Mandatory Code of Conduct is reasonably clear in its intent and operation (through its Principles, Behavioural Code, and Misconduct sections), the actual application of the Code, investigation process, and lack of any real penalty for breaches make it a somewhat pointless process.
Reporting & Investigations – There is a reluctance to report (behavioural breaches) as the report and impending investigation can further damage any strained relationship between Mayors, CEO’s & Elected Members, mainly due to lack of effect or penalty on the person breaching the Code, In effect, if a person that is found to have breached the Code is not genuine in their approach to a complaint and investigation, then their behaviour is unlikely to change, and there is no real penalty for continued inappropriate behaviour.
Section 54—Casual Vacancies may also require amendment if increased penalties are supported for Code of Conduct breaches.
Recommendation 1 That legislative amendments be considered for increased penalties for Breaches of Code of Conduct – within the findings section of the Code (2.25), and consideration should be given to strengthen penalties for breaches. There needs to be real consequences for inappropriate behaviours, which could include: • A three strikes approach – where any individual member could be dismissed as an elected member for three proven breaches of the Behavioural Code within any 12 month period. This provides opportunity for a member to modify their behaviour, through a minimum 2 formal investigations and findings, and if no change, then the third event would result in disqualification. This disqualification should extend to legislative amendments that would prevent standing for re-election for a specified period. • Suspension of Member from attendance at formal Meetings of Council, and suspension of Allowance for a determined period • Public Register naming those members that have breached the Code
Training & Development Section 80A—Training and development (1) A council must prepare and adopt a training and development policy for its members. (2) The policy must— (a) be aimed at assisting members in the performance and discharge of their functions and duties; and (b) comply with any requirements prescribed by the regulations. (3) A council may from time to time alter its policy, or substitute a new policy. (4) A person is entitled to inspect (without charge) a policy under this section at the principal office of the council during ordinary office hours. (5) A person is entitled, on payment of a fee fixed by the council, to a copy of a policy under this section.
The Training & Development provisions of the Act are positive, and in addition to Council policy position, there is Mandatory Training required for all elected members post general elections.
Naracoorte Lucindale Council has undertaken an Elected Member Induction Program, which has largely met the conditions of the Mandatory Training, and again this is positive.
The down side of the Mandatory Training, is that if an elected member so chooses not to undertake this training, there appears to be minimal consequences for not doing so. The Mandatory Training, and other training provides opportunities for elected members to broaden their knowledge and skills to assist in undertaking their role for which they are elected.
It is suggested that there could be some consequences considered if elected members do not undertake the mandatory training, and it is deemed that this has then affected their ability to undertake their elected member role. Alternatively the mandatory provisions could be removed, and Councils instead be required to undertake an appropriate elected member induction program following each general election.
Recommendation 2 That legislative amendments be considered to: • introduce consequences for elected members who do not undertake mandatory training, or if that is not possible, then delete this requirement; or • require Councils to conduct an appropriate elected member induction program following a general election.
2.2 Lower costs and enhanced financial accountability
Strategic Management Provisions The existing legislative provisions provide for Councils to develop Strategic Management Plans, Long Term Financial Plans, Asset Management Plans, an Annual Business Plan & Budget, and other strategic documents as required. This structured approach provides significant financial planning, accountability, and service delivery tools for both Council administration, and to assist Council members in undertaking their role.
Each Council will adopt its own versions of these strategic documents, and for improved comparative measures and possible future benchmarking across local government, consideration could be given within Regulations to standardise some of these strategic documents, and in particular Long Term Financial Plans, and Asset Management Plans.
Benchmarking As suggested within the Premiers LG Roundtable Briefing Paper, consideration could be given to the development of an online platform to enable greater capacity to benchmark our performance across local government.
Access to improved information would assist individual Council in assessing service delivery, financial management, and policy positions. Currently, many comparisons come from Grants Commission data, but this information is not timely or easily comparable across the significant levels of information provided.
Local Government Revenue Councils regularly assess their rating policy and approach, but generally don’t have such a holistic approach to other revenue sources. Additionally, many Councils (particularly regional Councils) don’t have any significant ability to diversify their revenue base.
The matter of appropriate fees and charges should be reviewed, with greater ability for Councils to amend their fees & charges to reflect costs of providing some services. This is particularly so in relation to relation to fees & charges that are set by legislation ie planning, building, health inspections, etc. It could be argued that users of such services should bear a greater share of service costs, rather than be shared across all ratepayers. Of course, in regional Councils we need to balance the level of fees & charges levied, against our responsibilities to develop our Council area and services whilst ensuring that fees and charges do not become a barrier to development.
A review of mandatory rate rebates is discussed elsewhere in this submission, and a full review of mandatory rate rebates would be supported.
Recommendation 3 That Council is supportive of: • Existing strategic management approach and financial accountabilities as legislated that includes Strategic Management Plans, Long Term Financial Plans, Asset Management Plans, Annual Business Plans & Budget, but consideration could be given to a standardisation of Long Term Financial Plans and Asset Management Plans; • Development of a local government benchmarking platform • Introduction of a local government revenue policy approach, including review of fees & charges that are set by legislation to enable greater level of cost recovery from users. • A review of mandatory rate rebates
2.3 Efficient and transparent local government representation
Conflict of Interest Section 75 - Actual and perceived conflicts of interest
Whilst the Material Conflict of Interest provisions as per section 73 of the Act are relatively straightforward and fair, the provisions of Section 75 – Actual and perceived conflicts of interest are somewhat complicated, are difficult to interpret, and in smaller regional communities can provide barriers to good representation. What is a conflict between the member’s interest and the public interest – as this then becomes extremely subjective and open to significant differences of interpretation.
In regional communities, the linkages and relationships between elected members and the public is often much closer than that of metropolitan Councils. Due to this, it could at times make it very challenging for someone to undertake their role as an elected member effectively as they would often have some form or link of relationship with a group, individual, organisation etc. Some examples are elected members who might be in retail, banking, insurance, real estate, etc. – and they could in effect deal with a significant level of the community.
Recommendation 4 That legislative amendments be considered to delete or refine Section 73 – Material Conflicts of Interest as this can be a barrier to fair representation, and enabling elected members to undertake their role effectively in regional communities.
Informal Gatherings Section 90 - Meetings to be held in public except in special circumstances (8) The duty to hold a meeting of a council or council committee at a place open to the public does not in itself make unlawful informal gatherings or discussion involving— (a) members of the council or council committee; or (b) members of the council or council committee and staff, provided that a matter which would ordinarily form part of the agenda for a formal meeting of a council or council committee is not dealt with in such a way as to obtain, or effectively obtain, a decision on the matter outside a formally constituted meeting of the council or council committee.
Examples— The following are examples of informal gatherings or discussions that might be held under subsection (8): (a) planning sessions associated with the development of policies or strategies; (b) briefing or training sessions; (c) workshops; (d) social gatherings to encourage informal communication between members or between members and staff.
Legislative amendments were more recently made to legislate how, when, and where Councils could conduct ‘informal; gatherings’. This seemed to be in reaction to a minority of Councils possibly not undertaking their role of conducting meetings in public, but would appear to have been an overreaction by the then Minister for Local Government. Informal Gatherings are a positive forum for Council’s to discuss various matters, hold planning sessions, workshops, etc outside of the more formal Council or Committee Meetings.
Such ‘informal gatherings’ would no doubt be utilised by both State & Federal Governments in a positive manner, and taking into account their responsibilities for transparent government.
There is no such need for prescriptive legislation for local government, as this is now a barrier to positive informal discussion, and planning forums.
Recommendation 5 That legislative amendment be considered to remove prescriptive requirements for informal gatherings of Councils.
Local Government Elections – Entitlement to Enrol Local Government (Elections) Act 1999: Qualification for Enrolment S14(1)(ab)(i) Qualification for Enrolment S14(1)(b)&(c)
Non-Australian Citizens - Currently there is an inconsistent approach to entitlement to enrol, vote, and nominate for election across all three levels of government (Federal, State, & Local Government) with a different set of rules and entitlements for Local Government. It is suggested that only Australian Citizens who are resident in Naracoorte Lucindale Council be able to enrol to vote, rather than a natural person who has resided in the Council area for a minimum of 1 month.
This amendment would also reflect some consistency in the local government election process, as currently a natural person is entitled to enrol and vote, but is not allowed to stand for election.
We also believe that the entitlement to enrol through written application places an unfair burden on the Chief Executive Officer, as there is not necessarily a thorough or transparent process to check on residency tenure, and appears to be a flaw in an important part of our democratic election process.
Absentee Ratepayers & Body Corporates - Ratepayers are a significant ‘stakeholder’ in Council affairs, and should be entitled to a vote through automatic inclusion on our Council Supplementary Roll rather than being required to make application to be included. The process to advise such ratepayers of their entitlement to enrol is bureaucratic and costly, and a return of automatic enrolment is supported. This amendment would capture natural persons (non-Australian Citizens) who are ratepayers.
Recommendation 6 That legislative amendments be sought as such: • Qualification for Enrolment S14(1)(ab)(i) – be deleted so as to reflect that only a Australian Citizen resident be entitled to enrol on the voters roll; and • Qualification for Enrolment S14(1)(b)&(c) – be amended to have inclusion on the voters roll be made automatic rather than on application
Local Government Election - Ballot Papers Candidate voting papers need to include wording to the effect of “vote for (number of candidates) IN ORDER OF PREFERENCE.” Electors do not always read accompanying information, and even some quite well engaged members of the community still do not realise we use a preferential voting system, so some emphasis needs to be placed on the Ballot Paper highlighting that preferences are important, and that not all votes cast are equal.
Donkey voting for the chosen candidates from top to bottom seems anecdotally common, leaving out those not wanted, resulting in the 1st listed candidate receiving a disproportionate number of votes. Consideration could be given to a ‘random generated order of candidates’ when printing voting papers, and technology should be able to provide for this. This would exclude the requirement for a ‘ballot paper candidate draw’.
Recommendation 7 That consideration be given to • including information on the ballot paper of the need to “vote in the order of preference”; and • consider the benefits or process involved in providing a ‘random generated order of candidates’ on ballot papers.
Local Government Elections – Administrative Matters and Conduct of Elections It is acknowledged and supported that the Electoral Commission of SA (ECSA) are the returning officer for all local government elections, and this provides a significant degree of independence and expertise.
Particularly in regional areas, and with the tight timeframes once the election process proceeds to the voting stage – there could be consideration given to greater utilisation of regional staffing and resourcing including: • Return of Ballot Papers – all papers should be returned (by post or in person) to a location within the Council area, and this could be the Council Administration Centre(s). Staff (already) delegated to undertake election functions could complete the processes required once received. With delays in Australia Post deliveries, voters do not have much time presently once they receive their papers, to return them, and this is unfair on regional communities and voters. • Election Count – presently 1st preference counts are (mostly) undertaken in regional areas, and then ballot papers are transported to Adelaide for further counts and scrutiny. Apart from security issues surrounding the ballot papers (they are transported from Adelaide to region, and then back to Adelaide), there would be efficiencies and quicker turnaround times in knowing election outcomes.
Staff that receive appropriate training from ECSA, and have considerable past experience could be better utilised in assisting with improved election outcomes.
Recommendation 8 That consideration be given to the greater utilisation of regional resources and appropriately trained staff to: • Have all ballot papers returned to a regional location(s); and • Have full election counts conducted regionally.
2.4 Simpler regulation
Chief Executive Officer Vacancy & Appointments Section 98 - Appointment procedures (3) For the purpose of filling a vacancy, the council must invite applications by advertising in a newspaper circulating throughout the State, and may take other action as the council thinks appropriate.
The requirement to advertise in a newspaper circulating throughout the State is a costly and somewhat outdated practice – particularly where majority of vacancies are advertised or accessed through electronic media or recruitment platforms. In practice, many Councils are now complying with this requirement through a placement of a smaller and obscure newspaper based avert.
Section 102—Person to act in absence of chief executive officer In the absence of the chief executive officer, the following provisions apply: (a) if there is a deputy to the chief executive officer—the deputy must act in the office of the chief executive officer; (b) if there is no deputy or the deputy is absent—a suitable person appointed by the chief executive officer after consultation with the council must act in the office; (c) if a person is not appointed under paragraph (b)—a suitable person must be appointed by the principal member of the council to act in the office (after taking into account the organisational structure of the council); (d) if a person is not appointed under paragraph (c)—a suitable person must be appointed by any three or more members of the council to act in the office (after taking into account the organisational structure of the council).
Clause (b) above could be further clarified/simplified to have either the CEO appoint, or the Council to appoint an Acting CEO. As the Council is responsible for appointing the CEO, then they should possibly be responsible for appointing an Acting CEO (in the absence of a Deputy CEO).
Recommendation 9 That consideration be given to amending Section 98 to delete requirement to advertise a CEO vacancy in a newspaper circulating throughout the State; and
That consideration be given to amending Section 102(b) to have an Acting CEO be appointed by the Council.
Employee Continuous Service & Monetary Transfers Section 106 - Certain periods of service to be regarded continuous
This Section deals with continuous service of Council employees transferring across Councils. Mostly this is sound, but the payment of contributions for long service leave or sick leave could be reconsidered.
From a long service leave perspective, Councils are only financially responsible for payment or awarding of long service leave after 7 years of continuous service. If an employee leaves the service of local government (collectively) before 7 years, no payment or liability is required. Any transfer of contributions between Councils should only be claimed after an employee has seven years continuous (local government) service. If a payment contribution is made before 7 years of service, and that employee leaves local government employment prior to 7 years – it is extremely unlikely that any contribution refund would be made, as the prior Council would not be aware of any such departure.
In regards to sick leave, at the commencement of employment with a single Council, an employee is entitled in the first year of 10 days sick leave. Most Councils also have Income & Illness Protection Policies for non-work related illness or injuries. Removal of any transfer of sick leave between Councils should be reconsidered.
Recommendation 10 That consideration be given to amending Section 106 so as to only require contributions for long service leave to be made upon an employee attaining 7 years continuous service in local government; and
That consideration be given to amending Section 106 so as to delete any requirement to transfer contributions for sick leave from past employers.
Annual Reports Section 131- Annual report to be prepared and adopted (4) A copy of the annual report must be provided by the council to each member of the council. (5) A copy of the annual report must be submitted by the council— (a) to the Presiding Members of both Houses of Parliament; and (b) to the persons or bodies prescribed by the regulations, on or before a day determined under the regulations.
From a cost savings perspective and improved access, clarification could be provided within this Section to state that copy can also mean electronic copy.
Recommendation 11 That consideration be given to amending Section 131 so as to enable provision of copy of annual reports via electronic means.
Rates & Charges Section 147 - Rateability of Land
This Section provides for various classes and types of properties that are not rateable. Whilst majority of these exemptions are reasonable, the changing times of government services that are now contracted and/or leased to the private sectors increasing, and these private entities are mostly commercial or profit driven organisations. Examples of these include prisons, public utilities, some health services, forestry, etc.
This also includes ex Housing SA properties that are now ‘leased’ to a community service provider, but essentially, majority of premises are for domestic purposes and used to be rateable – so the land use has not changed, so still should be rateable. This shift was at significant cost to Councils and/or other ratepayers.
Section 151 - Basis of Rating Section 152 - General rates Section 153 - Declaration of general rate (including differential general rates) Section 154 - Separate rates Section 155 - Service rates and service charges (1) In this section— prescribed service means any of the following services: (a) the treatment or provision of water; (b) the collection, treatment or disposal (including by recycling) of waste; (ba) a television transmission (or retransmission) service; (c) any other service prescribed by the regulations for the purposes of this definition. (5) A council must not seek to recover in relation to a prescribed service an amount by way of service rate, annual service charge, or a combination of both exceeding the cost to the council of establishing, operating, maintaining, improving and replacing (including by future capital works and including so as to take into account the depreciation of any assets) the service in its area (being a cost determined taking into account or applying any principle or requirement prescribed by the regulations). (5a) Subsection (5) is subject to the qualification that if the Essential Services Commission (ESCOSA) makes a determination under another Act regulating prices, conditions relating to prices, and price-fixing factors for the provision of a prescribed service that is inconsistent with that subsection, the determination made by ESCOSA will prevail to the extent of the inconsistency (and ESCOSA may, in acting under another Act in a case that is relevant to the operation of this section, apply or take into account a factor or principle that is in addition to a matter referred to in subsection (5)). Section 156 - Basis of differential rates Section 158 - Minimum rates and special adjustments for specified values Section 159 - Preliminary Section 161 - Rebate of rates—community services Section 162 - Rebate of rates—religious purposes The rates on land containing a church or other building used for public worship (and any grounds), or land solely used for religious purposes, will be rebated at 100 per cent.
Council Rates & Charges is one subject that evokes many reactions across local government, with not much of it positive. The legislation and choices that are provided to Councils within this legislation is complex, and one could suggest, confusing to the general public and ratepayers.
There are various basis for rating, basis for differential rating, separate rates, service charges, minimum rates, fixed charge component of general rates, rebates (mandatory and discretionary), valuations used, etc.
Given the mobility of ratepayers across local governments, and the basis or methodology differing across many Councils – is it time to simplify the methodology behind Rates & Charges for local government.
Some suggestions for consideration • Valuations (s151(2)) – legislated basis is to utilise Capital Value (with some exceptions) – so consistency should mostly be achieved in this perspective • Service Rates & Charges (S155) – some prescribed services within this section, but could be now expanded to encompass renewable energy schemes, telecommunication improvements schemes, etc. • Services Rates & Charges (S 155 5a ESCOSA) – the inclusion of ESCOSA into the accountability of some service charges is not required, is costly, bureaucratic/red tape, and provides no value add to the process of imposing service rates or service charges. If this provision is to remain, then consideration should be provided to exempting Councils from ESCOSA requirements where the service delivery is of a non- commercial or retail basis. There are many Councils (regional only) that operate CWMS schemes, and don’t have any commercial or retail aspect ie any wastewater is not on-sold. A suggestions is that those prescribed service where a commercial or retail aspect does not exist, should be exempted from provisions of S155(5) & (5a) of the Act. • Differential Rating (S156) – A minimum of four choices on how to impose differential rates, and then include the further choices of a minimum rate or fixed charge. Are all of these choices required, or do they confuse the methodology (for Council and ratepayers). • Minimum Rate (S158) or Fixed Charge (S152) – both similarly provide that each ratepayer will provide at least a minimum or fixed amount of rates – so do we need both choices. • Rebates of Rates (S159) – currently, if Council provides a rebate of general rates, then this rebate also needs to be applied across any other rate ie separate rate. Separate Rates & Service Charges ore for specific services or programs, so should they be rebated.
Recommendation 12 That a major review of Chapter 10 – Rates & Charges be undertaken with the objectives being to simplify rating processes, minimise the choices that Councils have in determining their basis for rating, and to provide a greater level of consistency across all local government, and this review could include: • Valuations (s151(2)) – progress utilisation of Capital Values (with some exceptions) • Service Rates & Charges (S155) – consider expansion of prescribed services within this section ie renewable energy schemes, telecommunication improvements schemes, etc. • Services Rates & Charges (S 155 5a ESCOSA) – the inclusion of ESCOSA into the accountability of some service charges is not required, is costly, bureaucratic/red tape, and provides no value add to the process of imposing service rates or service charges. If this provision is to remain, then consideration should be provided to exempting Councils from ESCOSA requirements where the service delivery is of a non-commercial or retail basis. There are many Councils (regional only) that operate CWMS schemes, and don’t have any commercial or retail aspect ie any wastewater is not on-sold. A suggestions is that those prescribed service where a commercial or retail aspect does not exist, should be exempted from provisions of S155(5) & (5a) of the Act. • Differential Rating (S156) – reduce the options for basis of differential rating. • Minimum Rate (S158) or Fixed Charge (S152) – have one but not both. • Rebates of Rates (S159) – removal of requirements to extend rebates to other rates and charges. • Rebate of Rates – review of extent of mandatory rebates.
Local Government Land - Community Land Division 4 - Management plans Section 196 – Management Plans Section199 - Effect of management plan Section 202 - Alienation of community land by lease or licence
This section of the Act provides for how we manage land that is deemed (by legislation) to be Community Land. This includes the required development and adoption of a Management Plan for all of our Community Land holdings. This generally includes many parcels of land that are leased to other organisations ie sporting organisations, community organisations, etc. with many parcels only being under Council’s care and control rather than freehold.
The Management Plans should effectively outline what we can and can’t do with the land, including our ability to issue leases and licences. The Crown needs to consent to these Management Plans where they are the ‘owner’.
When Councils need to provide or renew leases and licences over community land owned by The Crown we then need to seek Ministerial permission to do so, in addition to payment of a fee. It would seem a more efficient process that the Act be amended to provide local government with an exemption for seeking Ministerial permission and payment of fee if the Crown or Minister has already consented to this use through approval of our Management Plans. This would be a significant savings of time and effort, plus reduction in fees payable across all local governments in the State.
Recommendation 13 That consideration be given to legislative amendments to include an exemption for permission to be sought from the Minister (or Crown) when issuing licences or leases on Community Land, subject to the Community Land Management Plan being approved by the Minister (or Crown).
Review of local government acts, decisions and operations Section 263B—Outcome of Ombudsman investigation (1) The recommendations that may be made by the Ombudsman under the Ombudsman Act 1972 on the completion of an investigation of the complaint include that the council— (a) reprimand the member (including by means of a public statement); or (b) require the member to attend a specified course of training or instruction, to issue an apology in a particular form or to take other steps; or (c) require the member to reimburse the council a specified amount; or (d) ensure that a complaint is lodged against the member with SACAT. (2) If a member of a council fails to comply with a requirement of the council of a kind referred to in subsection (1) made in accordance with the recommendation of the Ombudsman, the member will be taken to have failed to comply with Chapter 5 Part 4 and the council is to ensure that a complaint is lodged against the member with SACAT. (3) A council is taken to have the power to act according to the Ombudsman's recommendations.
The above provisions could be strengthened (as suggested under Code of Conduct provisions) to provide Councils with improved outcome choices where an elected member has been found to have breached the Code of Conduct (or other matters). Currently the actions required are relatively passive, and referral to SACAT is another process to go through, which may have already followed Council investigation and/or Ombudsman investigation.
Improved outcomes choices would still be via a recommendation from the Ombudsman to Council – and Council would then need to formally consider action to be taken.
Recommendation 14 That consideration be given to legislative amendments to strengthen Ombudsman investigation outcomes choices, which are then referred back to Councils for action.
Section 264 - Complaint lodged with SACAT Section 265 - Hearing by SACAT Section 266 - Constitution of SACAT Section 267 - Outcome of proceedings (1) On the hearing of a complaint, SACAT may, if it is satisfied that the grounds for complaint exist and that there is proper cause for taking action against the person to whom the complaint relates, by an order or orders do one or more of the following: (a) reprimand the person (including by means of a public statement); (b) require the person to attend a specified course of training or instruction, to issue an apology in a particular form or to take other steps; (ba) require the person to reimburse the council a specified amount; (c) impose a fine not exceeding $5,000 on the person; (d) suspend the person from any office under this Act for a period not exceeding two months; (e) disqualify the person from any office under this Act; (f) disqualify the person from becoming a member of a council, a council committee or a subsidiary of a council for a period not exceeding five years. (2) If a person is disqualified under subsection (1)(e), the office immediately becomes vacant. (3) A fine imposed under subsection (1) is payable to general revenue in accordance with an order of SACAT. (4) If— (a) a person has been found guilty of an offence; and (b) the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence.
The penalties that could be handed down from a SACAT investigation and/or hearing are significant, and no amendments are suggested. From an observation perspective, significant Council reputational damage can be caused due to breaches of Code of Conduct and/or expected behaviours, and there is a significant time delay from a possible internal Council Report & investigation, an Ombudsman or ICAC enquiry, and possible referral to SACAT.
The SACAT choices of outcomes reflect what could be duplicated, or added to in previous investigations and possible outcomes (as previously mentioned in this submission)
Reviews Initiated by Minister Section 273 - Action on report (1) The Minister may, on the basis of— (a) information provided by the Independent Commissioner Against Corruption; or (b) a report of the Auditor-General (under this or another Act); or (c) a report of the Ombudsman (under this or another Act), take action under this section. (2) The action that the Minister may take is any of the following: (a) the Minister may make recommendations to a council; (b) if the Minister considers— (i) that a council has contravened or failed to comply with a provision of this or another Act; or (ii) that a council has failed to discharge a responsibility under this or another Act; or (iii) that an irregularity has occurred in the conduct of the affairs of a council (in relation to matters arising under this or another Act); or (iv) that a council has failed to respond appropriately to a recommendation of the Independent Commissioner Against Corruption or the Ombudsman; or (v) that a council has failed to address appropriately a matter that formed the basis of a request under section 271B, the Minister may give directions to the council to rectify the matter, or to prevent a recurrence of the act, failure or irregularity; (c) if the Minister considers that there has been— (i) a serious contravention or failure on the part of a council to comply with a provision of this or another Act; or (ii) a serious failure on the part of a council to discharge a responsibility under this or another Act; or (iii) a serious irregularity in the conduct of the affairs of a council (in relation to matters arising under this or another Act); or (iv) a failure to comply with a direction under subsection (2)(b); or (v) a failure to comply with a requirement to take specified action in respect of a subsidiary for the purposes of section 275, and accordingly that the council should be declared as a defaulting council under this Division—the Minister may recommend to the Governor that the council be declared to be a defaulting council. (3) The Minister must, before taking action under subsection (2)(b) or (c), give the council a reasonable opportunity to make submissions to the Minister on the report on which the action is based. (5) If the Minister makes a recommendation under subsection (2)(c), the Governor may, by proclamation— (a) declare the council to be a defaulting council; and (b) appoint a suitable person or suitable persons to be administrator or administrators of the affairs of the council. (6) If a proclamation is made under subsection (5), the Minister must, within the first five sitting days after the date of the proclamation, cause a report to be laid before both Houses of Parliament of the circumstances giving rise to the making of the proclamation. (7) If the Governor makes a proclamation under subsection (5), the Governor may by the same or a subsequent proclamation provide for any matter incidental to, or consequential on, the declaration of the council as a defaulting council. (8) On the making of a proclamation under subsection (5), all the members of the defaulting council are suspended from their respective offices until the council ceases to be a defaulting council. (9) An administrator or administrators appointed under this section will, until the council ceases to be a defaulting council, administer the affairs of the defaulting council in the name of and on behalf of the council (and for that purpose will have all the powers, functions and duties of the council). (10) If two or more administrators are appointed under this section, any disagreement between them will be settled by the decision of the majority or, where they are equally divided in opinion, by determination of the Minister. (11) The remuneration of an administrator (which will be determined by the Governor) and any liability incurred by an administrator in the course of the administration will be paid or satisfied out of the funds of the defaulting council. (12) The Governor may, by proclamation, declare that the provisions of this or any other Act apply, while the council is a defaulting council, subject to exclusions or modifications specified in the proclamation, and those provisions apply accordingly. (13) The administrator or administrators appointed under this section must report to the Minister at intervals of not more than three months on the administration of the affairs of the defaulting council. (14) The Governor may, by proclamation, vary or revoke a proclamation under this section. (15) The Governor may, on the recommendation of the Minister made not earlier than the expiration of three months from the date on which the council was declared to be a defaulting council, by proclamation, declare the offices of all the members of the defaulting council to be vacant. (16) A council ceases to be a defaulting council under this Division— (a) on the making of a proclamation revoking the proclamation by which the council was declared to be a defaulting council; or (b) if a proclamation is made declaring the offices of all members of the defaulting council to be vacant—on the conclusion of the elections to fill the vacant offices; or (c) unless a proclamation referred to in paragraph (a) or (b) is sooner made— on the expiration of 12 months from the date on which the council was declared to be a defaulting council.
The options available to The Minister to take action under provisions of S273 of the Act are significant, and no amendments are suggested.
From an observation perspective, there has been minimal intervention or action taken by The Minister relative to this part of the Act over many years. It is suggested, and supported, that The Minister could provide leadership, and encourage change in local government culture and/or behaviours if the Minister did indeed intervene when opportunity presents.
Some Councils do from time to time give cause for significant concern, and this does generally reflect on the reputation of all local governments. Often the reaction is to change legislation and bring in additional measures that then impact on the resources and efforts of 68 local governments, rather than taking action against a Council or Councils that caused the change. If specific action was taken with a Council or Councils, then I would suggest that the local government sector would take significant heed of any such actions.
Recommendation 15 That the Minister is supported and encouraged to take appropriate action against Council(s) as per provisions of S273 of the Act, with a view to providing leadership, direction, and cultural change across local government rather than legislative change when opportunity presents.
Trevor Smart Chief Executive Officer
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Reform Area 1: Stronger Council Member Capacity And Better Conduct 1.1 Clearly separate behavioural The Ombudsman and ICAC are the Separation and clarity would assist matters from integrity matters in appropriate bodies to deal with serious in direction, and in dealing with such the legislation. integrity issues. However, their processes matters (refer to 1.2) take time and councils need fair and efficient processes to quickly resolve behavioural issues (eg bullying & harassment). 1.2 Include standards of behaviour The legislation should contain clear Legislation should be clear, as in the legislation, allowing standards and expectations. There should should the consequences. The same councils to adopt more detailed also be real and speedy consequences, standards should apply state-wide 'examples of behaviour' for councillors who breach the rules. and be enforceable. Q: Should the same standards of behaviour apply state-wide or should councils set their own standards? 1.3 Continue to give councils The LGA agrees that councils should have We currently have a system that flexibility to deal with clear behaviour policies and should try to allows Councils to set clear behavioural matters resolve matters internally, before they are behaviour policies – and these are referred to an external conduct tribunal. adequate until those accepted behaviours are not followed. It is then difficult for some Councils to deal with such behaviour.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. While the Mandatory Code of Conduct is reasonably clear in its intent and operation (through its Principles, Behavioural Code, and Misconduct sections), the actual application of the Code, investigation process, and lack of any real penalty for breaches make it a somewhat pointless process.
Reporting & Investigations – There is a reluctance to report (behavioural breaches) as the report and impending investigation can further damage any strained relationship between Mayors, CEO’s & Elected Members, mainly due to lack of effect or penalty on the person breaching the Code, In effect, if a person that is found to have breached the Code is not genuine in their approach to a complaint and investigation, then their behaviour is unlikely to change, and there is no real penalty for continued inappropriate behaviour.
Section 54—Casual Vacancies may also require amendment if increased penalties are supported for Code of Conduct breaches.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 1.4 Provide principal members with There is strong (but not unanimous) Principal members need more power enhanced powers to deal with support across the sector for clarifying the to deal with disruptive behaviour at disruptive behaviour at role of Mayors and ensuring they have the meetings (and outside of meetings). meetings powers necessary to chair meetings These could include exclusion, effectively. suspension, etc - and could be There is a wider spread of views, on the based on a 'three strikes' system to role of Mayors, more generally. enable behaviours to be modified Q: Should Mayors have the power to and fair/due process. temporarily exclude elected members from council meetings? In what circumstances should these powers be exercised? 1.5 Enable escalation of serious Agree. The LGA supports ‘Prevention to If Council attempts to deal with behavioural matters to an intervention’ strategies. Whilst councils behavioural issues are not independent body should try to resolve disputes/issues at successful - yes, there should be first instance, there need to be real referral to an independent body. consequences for elected members whose conduct does not meet behavioural standards. Q: Should a council be able to refer less- serious matters to the independent body if (for example): the behaviour is on-going; or internal council processes have failed to resolve it? Q: How should the Act deal with trivial or vexatious complaints made by elected members? 1.6 Simplify the conflict of interest The ‘conflict of interest’ model in the Local The current provisions are confusing provisions by establishing Government Act is unnecessarily and complicated (for elected 'material and 'non- material' complicated and confusing. As a result, members and the general public) conflicts many councillors do not participate in and we support legislative debates, when their expertise would be amendments to refine Section 73 –
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. valuable. Material Conflicts of Interest as this Simplification is supported. However, a can be a barrier to fair distinction between ‘material’ and ‘non- representation, and enabling elected material’ conflicts may not be useful. members to undertake their role NB Many elected members have ongoing effectively in regional communities. roles in other community organisations. Q: How can we manage conflict of interest issues without deterring community- minded people from running for council and legitimately participating in debates? 1.7 Simplify the process by which Conflict of interest rules should ensure that Agree - simplified process would be council members can be all relevant relationships are declared but beneficial, but clear conflicts of exempt from conflict of interest should not prohibit participation in debate interest still need to have council provisions, or seek approval to where duties owed to two organisations do members excluded from participate in a matter not actually ‘conflict’. participation. 1.8 Clarify the application of conflict One set of conflict of interest rules should Agree with proposal of interest rules to council apply, whether at a council meeting, a committees and subsidiaries committee or at a council subsidiary. 1.9 Establish a new conduct Whilst councils should make efforts to A new framework is not necessarily management framework resolve behavioural issues at first required. Instead, consequences for through instance, there will be times when these bad behaviours are required as Model 1 - The clarification of processes fail. At present, there are few currently there are minimal current legislation Model 2 - real consequences for poor behaviour. consequences for poor behaviour. Using governance committees In those cases, where council processes Model 3 - Establishing a Local have not succeeded, there is a need for an Model 1 – greater clarity through Government Conduct independent body that can make a speedy legislation rather than policy is Commissioner decision, with the ability to impose required appropriate sanctions, enabling the council Model 2 – Governance to move past the issues and to get on with Committees – this only shifts the business. onus to a Committee to then be Q: Which is the preferred model for referred back to Council – so not managing conduct?
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Q: Could the existing arrangements work if supportive of another layer to the legislation was clearer or governance deal with behavioural issues committees were created? LG Conduct Commissioner – for Q: If an independent body is created more serious matters, this would (Model 3), what would an ideal model look be a positive. Could be similar like? eg: Who should appoint (or the same body) as the Commissioners? Who should pay for it? existing LG Governance Panel and could be on a ‘user pays’ system. 1.10 Clarify the role of council Q: How should the role of council It would be beneficial for such members to recognise their members be expressed? General responsibilities to be legislated, but responsibility to ensure good principles? Black-and-white rules? Both? only as general principles. working relationships within the Q: Should the duties of members continue council, and to support the to be expressed in the Act, Code of These duties should be contained in conduct management Conduct? Or should these be the Act. framework consolidated? 1.11 Clarify the role of council Mandatory training for elected members is Introduce consequences for elected members to recognise their supported by the LGA. members who do not undertake obligation to complete Qs: mandatory training, or if that is not mandatory training How can mandatory training be possible, then delete this improved? requirement; or What penalties should apply, for members failing to complete the training? Legislate that then requires Councils Is it ‘Misconduct’? to conduct an appropriate elected member induction program following a general election.
Current provisions impose mandatory training, but the content and requirements are not prescribed, and if not undertaken, there are no consequences.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 1.12 Clearly state the role of the There is widespread support for clarifying The existing provision appear to principal member as a leader of the role of Mayors and ensuring they have provide clarity, so unsure as to what the council, particularly in the powers necessary to chair meetings additional clarity is required other ensuring good working effectively. than legislative provisions to deal relationships within the council Q: What level of prescription should the with poor behaviour. Act contain, about Mayoral powers? 1.13 Provide directly elected Mayors This idea has not been previously Depending on how the Mayor is with a deliberative vote on considered by the LGA. elected – the existing provisions motions before council. At present Mayors receive either a provide for adequate voting powers deliberative vote (along with all of the for Mayors. elected members) or a casting vote (only used if a vote is tied). The ability of a Mayor to preside Q: Should all Mayors have a deliberative over a meeting, and to provide for vote but no casting vote (so, if there is no fair and equitable debate and due majority, the motion fails)? process may be compromised if the Q: Should Mayors have two votes (a Mayor was to have a deliberative deliberative and casting vote)? vote. 1.14 Establish a mandatory training There are some council issues that all Refer Item 1.11. Additionally a scheme within the regulations councillors should receive training in. Mandatory Training Scheme could However, different councils have different purely reflect the legislated role of priorities and different training needs. elected members as mandatory These change over time. components. Q: What training components should be specified as mandatory? 1.15 Establish a timeframe for the Whilst a deadline can be a useful spur to Refer Item 1.11. Additionally, there completion of mandatory action, any requirement should have some should be a defined timeframe for training and a penalty for non- flexibility built in (eg in cases of illness or completion as improved knowledge compliance exceptional circumstances). of local government frameworks, roles & responsibilities, and legislative requirements should assist in a better functioning Council.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Suggest a timeframe being 6 months from declaration of general election. 1.16 Require councils to include Independent advice can add value to This is good practice to have a level independent advice on CEO recruitment and remuneration processes of assistance and advice in selection and remuneration. and is relatively common in councils: recruitment of a CEO. The Q: Is there currently a problem, requiring a separation of potential candidates legislative remedy? and elected body should assist in Q: Will independent advice prevent the initial enquiries, confidentiality, and recurrence of these problems? consistency. Whilst members of the public are I wouldn’t consider that this sometimes aggrieved about their councils should be legislated as the CEO an salary levels, it does not recruitment and appointment of a necessarily follow that CEO is the role and (i) the CEO is sub-standard; (ii) they make responsibility of a Council poor decisions or that (iii) problems are so (elected) acute that legislative intervention is required. 1.17 Give responsibility for The state government has not previously Perhaps the Remuneration Tribunal determining CEO remuneration raised this issue with the LGA and more could set some parameters and/or to the Remuneration Tribunal of information is sought about the potential guidelines for CEO remuneration, SA. benefits compared with the costs to the but it should be ultimately up to sector. elected Council to set remuneration Q: Should the Remuneration Tribunal for its CEO. There are a number of make mandatory determinations? factors that could impact on what the level of remuneration needs to be to enable attraction of a CEO.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 1.18 Require councils to conduct Annual performance reviews are generally Annual performance reviews should annual performance reviews of a good idea but there can be good be mandatory, and this should be CEOs, with independent reasons for not conducting these. More legislated to enable an annual oversight. information is sought about the potential review. It is generally good practice, benefits compared with the costs to the and (should) provide both Council sector. and CEO with honest feedback on Q: Should it be mandatory for councils to performance matters – ultimately to annually review their CEO’s performance? the benefit of the Council.
A best practice and positive performance review process will ultimately work well when the Council/CEO relationship is sound, but if that relationship has deteriorated for whatever reasons – then it is suggested that a performance review in those circumstances will be less than positive. This does bring into question the benefits of a suggested mandatory/legislated process.
Contract terms and conditions should ultimately determine approach to performance reviews. 1.19 Require annual performance Annual performance reviews are generally As per 1.18 – contract terms and reviews to be completed before a good idea but there can be good conditions should determine process the extension of a CEO reasons for not conducting these. for contract extension, including contract. More information is sought about the process to consider. potential benefits compared with the costs to the sector. Q: Should a performance review be
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. mandatory, before a CEO contract is extended? 1.20 Require councils to receive In some cases, independent advice would Should not be mandatory, but rather independent advice before be useful. In uncontroversial cases, the be merit based. terminating a CEO contract. expense might not be justified. More information is sought about the If a contract is to be terminated potential benefits compared with the costs without mutual consent, it would be to the sector. good practice (for Council) to be Q: Should it be mandatory to seek aware of risks associated with not independent advice, before a CEO undertaking this process legally ie contract is extended? reputational, financial, etc.
Ultimately, it is a decision for elected Council as the ‘employer’. Reform Area 2: Lower Costs And Enhanced Financial Accountability
2.1 Require audit committees to This change is prudent but many regional Could be beneficial to have a have a majority of independent councils struggle to find qualified audit majority of independence (and as members, and an independent committee members. So, some flexibility is Presiding Member) to provide a level chair. required. of accountability and transparency from a public perspective.
As suggested by LGA, recruitment of qualified audit committee members may be a challenge, and consideration could be provided within legislation for one or more Councils to form a regional or shared Audit Committee (similar to Planning).
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Council ultimately considers information and recommendations from its Audit Committee. 2.2 Strengthen the role of audit Q: Feedback is sought from councils on Could be a positive to have Audit committees in councils' external the implications of these proposals. Committee involved to a greater audits, through oversight of the degree (through greater appointment of the auditor and responsibility) to recommend to determining the scope of the Council the appointment of the audit, and as the chief liaison auditor. point with the auditor. Scope of the Audit should be in line with accounting standards and practices, but Audit Committee could recommend to an Auditor any areas of concern prior to audit. Audit Committee as the chief liaison point would appear to add a layer of bureaucracy to an audit process,
and may test the capacity of the Audit Committee to undertake this role. 2.3 Require audit committees to SA councils have very different levels of Audit Committees could have a report on the council's size, complexity and business activities. general oversight (through Internal approach to internal audit These require differing levels of internal Controls) – but not necessarily the processes controls and audit reporting. internal audit process. Q: Feedback is sought from councils on the implications of these proposals. Many Councils don’t have the capacity for internal audit resources.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 2.4 Require audit committee This is broadly consistent with the LGA’s A specific skill set would appear members to have specified approved position. Whilst a useful aim, it is logical to enable value-add to skills, and an induction process. not always possible to attract a diverse Councils through its Audit range of experienced skill sets, to some Committee. councils. Recruitment may be a challenge in some regional areas. 2.5 Allow councils to form regional Opportunities to share resources and This is a positive suggestion, and as audit committees expertise across a number of councils with planning panels – should should be explored. remain discretionary to each individual Council. 2.6 Require the Auditor-General to The LGA understands that the Auditor- This is not required: oversight all council audits. General could not take on this extra work Auditor-General is not resourced without extra resourcing. So, this proposal to conduct timely and effective would significantly increase costs to audits for 68 Councils (and councils, as demonstrated by interstate subsidiaries, etc) experiences. It is also very likely that the There is an expectation that Auditor-General would out-source this costs would increase; extra work. In effect, the work may end up Any requirement should be being done by the same external auditors based on there being an who currently audit councils. The Auditor- identified issue with audits General already has existing broad across local government, rather powers to audit councils and a broad than some specific Councils. discretion, as to the use of these powers. Auditor-General already has They can perform spot checks and can powers to assess individual pursue the expenditure of any public Councils, and this power should monies. The standard of existing council be utilised rather than a change audits is generally high and improving. that affects all. Councils are already overseen by audit committees, auditors, ICAC, the Ombudsman, the OLG, the Minister, the Parliament and their ratepayers.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. It would more valuable to focus on enhancing the quality of existing audit processes.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 2.7 Create ‘audit and risk Councils already have rigorous risk Councils Audit Committee already committees’ that play an management controls and extensive has an oversight role in risk, expanded role in councils’ reporting obligations. Previous LGA governance and policy development. financial management and papers have contemplated the expansion performance. This could of the role of audit committees. This is good practice rather than include- Q: Would expanding the focus of audit being required. Reviewing councils’ risk committees dilute the current focus on assessments and controls. financial management and integrity? Additionally, care needs to be taken Providing comment on councils’ Q: Are there any new/additional areas of in ability of regional Councils to rating policies and practices. focus for an audit committee that should attract independent members if the Reporting to council on its use be mandatory? roles and responsibilities are of public resources. Reporting broadened significantly. to councils on prudential matters. Performance monitoring of councils 2.8 Require the chair of the 'audit The additional reporting requirement is Possibly not required, but not a and risk committee' to provide a probably unnecessary and a duplication of significant addition to a Councils report in the council's annual the existing report provided by audit Annual Report. Chair of Audit report on governance committees. Committee provides a report to standards and compliance. Q: Should it be mandatory for audit Council – so there would be minimal committees to focus on ‘governance additional work required. standards and compliance’ and, if so, how should this be reported? Our Audit Committee does have governance oversight including in its work program – and this does (and could) be based upon the LGA Governance Self-Assessment Checklist.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 2.9 Require councils to develop The LGA’s May 2019 submission on LG Given that our Long Term Financial and adopt a funding policy that Reform recommends councils have a Plans, and Annual Business Plan & would be reviewed by its audit ‘revenue policy’. Budget outline where our expected and risk committee. Q: Should a funding or revenue policy be revenue will come from – formulating mandatory? a Revenue Policy would not be overly burdensome.
Legislation used to provide that Councils had a Rating Policy, but that was discontinued – with much of that detail transferred into Annual Business Plan & Budget documents. Support a return to a Revenue Policy (which would include rating approach). 2.10 Require councils to release a ‘Total general rate revenue’ is influenced Agree with requirement to release a summary of their draft annual by many factors, such as growth in the summary of draft annual business business plan that states the number of ratepayers. A council could plan (ABP) that includes the proposed increase in total increase their rates by less than CPI but proposed increase in total general general rate revenue, and the nevertheless generate increased revenue rate revenue – this is already reasons for this increase greater than CPI, e.g. because of included in our ABP so no additional population increases. effort required. A more important aim, is for each council to have a robust Long-term Financial Plan, This information should be provided which should focus councils on longer to elected members as a matter of term planning and reduce the pressures course to allow them to be informed, imposed by the electoral cycle. and then make informed decisions The local government sector wishes to about general rate revenue. avoid pointless reporting and ‘doubling- up’. The sector hopes to have discussions with the state government about cutting
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. some of the ever-increasing red tape, so we balance the need for transparency and accountability, on the one hand, with council priorities of efficiently providing services to our communities. 2.11 If a council's proposed increase ‘Total general rate revenue’ is influenced The reasons for any change in in total general rate revenue is by many factors, such as growth in the general rate revenue (decrease or above a prescribed level (such number of ratepayers. increase) is already provided to our as the Local Government Price The focus and resources of auditors Audit Committee and Council as part Index), require its audit and risk should not be needlessly diverted to of development, consideration, and committee to provide a report to irrelevant or non-productive tasks. adoption of Annual Business Plan & the council on the reasons for Budget. this increase. No additional effort required.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 2.12 Create 'governance Councils already have a significant range Refer to 2.7 & 2.8 – Our Audit committees' to provide of mandatory policies, processes, Committee already has additional independent advice to councils reporting obligations, committees and oversight of some of these functions on critical management auditing requirements. They devote suggested (policy, governance, risk) policies, processes and actions, enormous and increasing resources to potentially: ‘governance’ and are already under Rather than create an additional • Councils' compliance and multiple layers of scrutiny Committee – it would be beneficial to governance policies. Councils already receive advice on broaden the role and responsibilities governance from their administrations and of an Audit Committee. • Councils' policies to through their membership of the LGA. improving ethical standards As part of their LGA membership, councils Not supportive of a Committee across councils and reduce are provided with a comprehensive suite overseeing Council Member conduct fraud and corruption risks. of model policies, guidelines and (Refer Item 1.9). • Councils' strategic resources to assist them to meet their management plans, and on legislated governance responsibilities. Additional roles & responsibilities progress to deliver priorities, An additional council committee would add may place pressure on attraction particularly on the management a further level of red tape, adding little and recruitment of committee of significant council projects. extra value. members (independent). • Council member conduct- both on policies and processes to improve it, and on specific conduct matters (as described in Reform Area 1). • CEO appointment and management (as described in Reform Area 1).
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Reform Area 3: Efficient And Transparent Local Government Representation 3.1 Change the timing of periodic A Notice of Motion at LGA AGM October Unsure what benefits that this may council elections to the year 2018 to move the timing of local provide. following a state election. government elections was lost (but similar motions have carried in past). Discussion Opposed to a shift in timing of focused on the benefits of building periodic council elections. relationships with State Government during aligned terms. As noted in LGA Comments – such Q: Should the timing of local government a motion was lost at LGA AGM as elections be changed? recently as October 2018 – so a clear direction is provided from that. 3.2 Enable ECSA to provide ballot Note, the OLG proposal is only to replace Support the delivery & return of papers electronically. long-distance postal voting with a secure voting papers electronically as system for the online delivery and return of opposed to electronic voting – ballot papers (which will require the subject to security of such a system. printing, signing and scanning of ballot With the delays in delivery of post paper in order to vote). regionally – this can have a negative The LGA position advocates for the Act to effect on returns of voting papers by enable full electronic voting when a hard mail. suitable model is approved by ECSA. The Act should be amended, to enable Some may argue that electronic electronic voting, when that approval is returns are unsecure, but similar given. arguments will exist on the security of existing mail system.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. An additional consideration, and particularly in regional areas, and with the tight timeframes once the election process proceeds to the voting stage – there could be consideration given to greater utilisation of regional Council staff and resourcing including: Return of Ballot Papers – all papers should be returned (by post or in person) to a location within the Council area, and this could be the Council Administration Centre(s). Staff (already) delegated to undertake election functions could complete the processes required once received. With delays in Australia Post deliveries, voters do not have much time presently once they receive their papers, to return them, and this is unfair on regional communities and voters. 3.3 Clarify that councils are Q: Should the Act make clear that councils Councils should continue to be responsible for information are not responsible for election promotion? responsible for providing ‘local’ sessions about the role of a Q: Should ECSA have an obligation to information sessions. council member, and that consult the LGA on its election Disagree that ECSA is responsible ECSA is responsible for promotions? for election promotion – this should election promotion. be a shared responsibility of ECSA, LGA, and Councils.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 3.4 Require councils to undertake The sector’s submissions on this issue We support the re-introduction of specific activities to inform have changed on a number of occasions. automatic enrolment of property property franchise holders of The automatic enrolment of property franchise holders. Absentee their need to self-enrol, OR re- franchise holders is a considerable Ratepayers & Body Corporates - introduce the automatic administrative burden for councils. Figures Ratepayers are a significant enrolment of property franchise show that this measure has only a small ‘stakeholder’ in Council affairs, and holders. impact on voter turn-out (<2%). should be entitled to a vote through Nevertheless, this measure has been automatic inclusion on our Council popular with elected members. Supplementary Roll rather than being Q: Should the requirements be reinstated? required to make application to be included. The process to advise such ratepayers of their entitlement to enrol is bureaucratic and costly, and a return of automatic enrolment is supported. This amendment would capture natural persons (non- Australian Citizens) who are ratepayers.
The administrative burden on Councils is somewhat overstated by LGA – as appropriate coding and reporting from Councils Rating Systems should provide for appropriate information. This cost and effort would be less than undertaking specific activities to inform and invite property franchisee’s to enrol.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Non-Australian Citizens - Currently there is an inconsistent approach to entitlement to enrol, vote, and nominate for election across all three levels of government (Federal, State, & Local Government) with a different set of rules and entitlements for Local Government. It is suggested that only Australian Citizens who are resident in a Council be able to enrol to vote, rather than a natural person who has resided in the Council area for a minimum of 1 month.
This amendment would also reflect some consistency in the local government election process, as currently a natural person is entitled to enrol and vote, but is not allowed to stand for election.
We also believe that the entitlement to enrol through written application places an unfair burden on the Chief Executive Officer, as there is not necessarily a thorough or transparent process to check on residency tenure, and appears to be a flaw in an important part of our democratic election process.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 3.5 Require ECSA to receive all The Electoral Commission is the Receiving of all nominations and nominations and publish independent body conducting elections. publishing of candidate profiles candidate profiles. ECSA should remain in control of the should remain the responsibility of integrity of the electoral roll, handling of ECSA. nominations and the promotion of elections, generally. 3.6 Remove the term limit on The LGA will seek the views of the City of No comment or position holding the office of Lord Adelaide in relation to this proposal. Mayor. 3.7 Require candidates to 'tick a This proposal is supported by LGA policy. Agree with this proposal. Improves box' stating whether they live in understanding from a voters the area they are contesting. perspective. 3.8 Require candidates to state This proposal is supported by LGA policy. No comment or position whether they are a member of a political party or any association or body formed for political purposes, or have been within the past 12 months. 3.9 Require ECSA to host all The Electoral Commission of SA is the Agree that ECSA is best placed to information on donations independent body best able to collect and hold this information, and take action received by candidates. disclose candidate information. where necessary. 3.10 Require candidates to report to LGA policy supports the transparent and No comment or position ECSA any single donations timely reporting of campaign donations. above a prescribed amount (for Q: Advice is sought from members about example, $2,000) within five whether 5 business days is a reasonable business days of receipt. timeframe. Q: What should be the consequences for a breach?
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 3.11 Enable all candidates to The LGA position strongly supports this Agree to this proposal. There should request an electronic copy of change. Currently the Act only allows for be equal access for all candidates, the voters roll from the relevant the supply of a printed copy, but some and an electronic format is more council. candidates who have connections to efficient than hard copy. political parties are able to gain access to the electronic roll for the House of Representatives. The ability for some candidates to access a digital copy of the voters roll is perceived as an advantage over those candidates who are not connected to political parties. The LGA’s policy position supports a level playing field for all candidates. Any provision of the roll should include a limitation that it only be used for the purpose for which it is provided. 3.12 Remove the requirement for LGA policy supports this proposal. It Agree with this proposal councils to make a 'designated should help councils get on with their decision' within their caretaker business, most of which has little impact policies on the use of council on election campaigns for councillors. resources, in favour of a statement within general caretaker responsibilities that council resources must not be used to advantage particular candidates. 3.13 Extend the voting period by one The LGA supports methods for reducing For regional areas – the current week to better allow for postal the number of late postal votes received voting period places undue time delays. by ECSA. It is arguable whether extending pressures on voters to have their the voting period is the right solution, so papers returned, so an additional further consultation is needed about other week is supported. solutions.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. There would be no need for this extended period if electronic delivery & return of voting papers was implemented (Item 3.2) 3.14 Change the counting method to The LGA does not have a policy on Opposed to the exclusion method the 'exclusion method'. changes to the vote counting method and where those candidates that achieve is seeking member views on this proposal. a quota – their ‘over quota’ votes are The ‘Exclusion method’ means that where ignored. As the ‘most popular’ candidates receive more than a quota of candidates – it would appear flawed votes, or they are eliminated, their that the preferences from these preferences are not distributed. Rather, candidates not be distributed to next the candidates with the least amount of preferences. votes is always eliminated until there are the same number of candidates as If any reform – perhaps consider positions. This may lead to unfair results: going back to a ‘first past the post’ eg: The first candidate on a ‘ticket’ system. Currently those that receive receives two or three quotas (ie enough most 1st preference votes are votes to elect two or three councillors). generally elected – and any However, in the exclusion method, these preferential system could be deemed votes over quota are ignored. The people as flawed as there is not (generally) who are second and third on the ticket do a clear understanding by voters on not get elected, as they receive fewer (first how this system works, and how to preference) votes than other candidates. make their vote count. Q: What issues are associated with using/not using the exclusion method? Q: Is reform warranted?
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. ‘Donkey voting’ for the chosen candidates from top to bottom also seems anecdotally common, resulting in the 1st listed candidate receiving a disproportionate number of votes. Consideration could be given to a ‘random generated order of candidates’ when printing voting papers, and technology should be able to provide for this. This would exclude the requirement for a ‘ballot paper candidate draw’. 3.15 If a vacancy on a council is By-elections to fill casual vacancies take Suggest 12 months out from a created within 12 months of a up a lot of time and cost ratepayers large periodic election may be too long a periodic election, allow this to sums. Councils are generally supportive of period – but possibly a vacancy that be filled through a 'countback' any measure designed to reduce occurs within 6 months could be of candidates. supplementary elections, while more acceptable. maintaining democratic integrity. Difficult to consider without greater knowledge of outcomes of specific periodic elections. Example – 9 candidates for election of 8 vacant positions; 9th candidate receives minimal votes – should they be elected in a subsequent election in which they received minimal votes. 3.16 Extend the period of time in By-elections to fill casual vacancies take Agree with proposal which a vacancy does not need up a lot of time and cost ratepayers large to be filled to 12 months before sums. Councils are generally supportive of a periodic election. any measure designed to reduce supplementary elections, while maintaining democratic integrity.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 3.17 Enable councils without wards, By-elections to fill casual vacancies take Partly agree with proposal, but this and with at least nine members, up a lot of time and cost ratepayers large would need to be included within a to 'carry ' two vacancies. sums. Councils are generally supportive of casual vacancy policy, and be at the any measure designed to reduce discretion of each Council to set supplementary elections, while such a policy position rather than maintaining democratic integrity. being legislated. 3.18 Simplify representation reviews, The current arrangements are prescriptive Agree with proposal and make public consultation and expensive. In particular, the current requirements more flexible processes often result in councils having to undertake multiple rounds of time- consuming and expensive community consultation. 3.19 Transfer the responsibility for The LGA has (Feb 2018) called on the Representation Reviews should representation reviews to the state government to work with ECSA, the remain the responsibility of Council – Local Government Boundaries LGA and councils to review the technical but there could be a level of Commission. and process issues and decision-making oversight and accountability by LG structures for representation reviews. Boundaries Commission if a Council Q: Should representative review decisions goes against recommendations from remain the responsibility of council? the Representation Review. 3.20 Suspend council members The LGA position (October 2018 OGM) is: This proposal has merit, in that it running for State Parliament for “Any local government elected member on removes any opportunity for actual the duration of the election nomination, endorsement or declaration of or perceived conflict between local campaign. candidacy for any position in State or and State Government matters. Federal Parliament shall for the period of suspension to only be from when the nominations are lodged and accepted to the election outcome and that the elected member take leave of absence during this time and have all allowances suspended. This should include provision of motor vehicle and other support. The LGA will liaise with the Minister for Local
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Government to determine any further detail that makes the intent of this motion acceptable and enforceable” Reform Area 4: Simpler Regulation Community Engagement 4.1 Replace the prescriptive We look forward to working with the state Sound proposal that allows a community engagement government on a complete overhaul of the Council to adopt a more flexible requirements in the Local complex and prescriptive consultation methodology to engage with its Government Act with a more requirements, in favour of a more flexible community. flexible 'Community best-practice approach where the type of Engagement Charter'. consultation undertaken can be tailored to A current observation is that we are the scope and complexity of the issues required to consult on many matters involved. as per legislation, but many of these legislated consultations receive minimal or no feedback – and there is some opinion that we ‘over consult’. 4.2 Review the requirements for There are a wide range of ways that There should be greater flexibility as councils to publish notices information can be provided to the to how, when & where we are community. More flexibility is welcomed. required to publish notices. Internal Review of Council Decisions 4.3 Allow councils to refuse a The legislation requires councils to devote Agree with this proposal. request for an internal review of considerable resources each time a a council decision where the council decision is reviewed. There is no request is substantially similar point wasting ratepayers’ dollars, to repeat to a matter that has been a process that has already been reviewed, or is under review undertaken. through another process. Q: Should this flexibility be extended to trivial and vexatious requests?
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 4.4 Enable councils to charge a The official LGA position (OGM October Similar to other matters such as small fee for internal review 2018) supports this change. This reflects Freedom of Information, there requests. the costs to councils, when following the should be an Application Fee for requirements in the legislation, each time Review. a review of a council decision is requested. Q: Where a complaint is upheld, should the fee be refunded? 4.5 Set a time limit in which In a democratic environment, not everyone There should be a time limit on any requests for internal review of will agree with every decision. We note such requests, and 6 months decisions can be made. that all courts have time limits for making appears a reasonable timeframe. appeals and this provides certainty, for all involved, even those who disagree. Similarly, councils need to make decisions and move forward in implementing those decisions with a reasonable degree of certainty. 4.6 Require councils to consider Q: What are the benefits of this change A schedule of reviews (if any) can be recommendations for improved and do these outweigh the further included, and if a member of the administrative practices in their additions to councils’ regulatory ‘red tape’ public wishes to see additional annual report on internal burden? information on a review, then this reviews. can occur outside of Annual Report requirements.
Adding further administrative practices with our Annual Report will not add value to the process.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Informal Gatherings and Discussions 4.7 Remove the 'informal The existing sections of the Act and the Support the removal of informal gatherings' provisions in the Regulations are confusing. Councillors gatherings from legislation – but Local Government Act, in worry that legitimate conversations about don’t consider replacing this with a favour of establishing a new the business of the council, will land them new category would value add. category of meetings, such as in trouble. We need to find a way to 'information or briefing promote transparency in councils without Previous legislation allowed for sessions'. criminalising legitimate conversations. informal gatherings to occur – and Q: Does changing ‘informal gathering’ to there did not appear to be ‘information or briefing session’ address widespread issues with this. If State the issues that have been experienced Government has an issue with use and identified by councils? of meeting procedures with some Councils, then this should be taken up with specific Councils rather than change to legislation to affect all. 4.8 Require councils to publish Councils and councillors take part in many Refer Item 4.7. If the Minister or details of information sessions ‘information sessions and other State Government has issues with held, what was discussed, who discussions caught by s90 of the Act. abuse of meeting provisions – take it attended, and whether the Requiring a report to be made of each up with specific Councils rather than session was open or not. would create a significant additional change legislation to affect all. administrative burden, which would put an upward pressure on rates. Q: What are the benefits of this change and do these outweigh the further additions to councils’ regulatory ‘red tape’ burden? Register of Interests 4.9 Compile all council members' The local government sector is eager to Support this proposal registers of interest into one, work with the state government on simple plain English form. clarifying and simplifying the register of interests and many other reporting requirements.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. 4.10 Publish council members' Q: What are the benefits of this change We are currently obligated to publish Register of Interests in full on and do these outweigh the further some details from Register of the council website (with the additions to councils’ regulatory ‘red tape’ Interest Forms. It would be more exception of specific residential burden? effective to purely scan the whole address information). form and load onto Council website. Publication of Information 4.11 Require councils to publish any This proposal should be part of a general No overall opposition to this proposal document that is currently conversation about the information a – but a level of consultation and available at a council office on council is required to place on their clarity as to the extent of which its website (with the exception website. The costs of administering these documents would be beneficial. of the Assessment Record) changes should be fully understood, before proceeding. 4.12 Remove the requirement for This proposal should be part of a general Refer to Item 4.11 – if documents councils to have documents conversation about the information a are uploaded to website – then these 'available for inspection', but council is required to place on their documents can be viewed elsewhere require them to print a copy at website and/or have available for (and printed). request (for a fee). inspection. 4.13 Include a single list of all Throughout the Act there are many Could create efficiencies, and could material to be published on a individual requirements to publish material be included as a Schedule to the council’s website in the on a council’s website. A consolidated list Act. legislation. of all these requirements could be very useful. Community Land Revocations 4.14 Create two categories of The local government sector agrees that Agree with this proposal. Currently community land revocation the current arrangements are complex and an over complicated and proposals within the Act in need of reform. Councils shouldn’t need bureaucratic process for minor ('administrative' and to go to the Minister every time they matters. 'significant') and require propose a minor change to the way they Ministerial approval only for use land under their care and control. 'significant' proposals. Q: Would it be preferable to create two
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. categories of community land: 'administrative' and 'significant'? 4.15 Enable limited amendments to Councils should be able to make minor Refer 4.14 – similar simplification of Schedule 8 to allow minor changes to the management of prescribed an overcomplicated process. changes to the management of land, without embarking on a complicated prescribed land. approval process. 4.16 Clarify that councils do not need This appears to be a sensible proposal to Agree with this proposal. A process to undertake community land cut red tape. to be undertaken with no value add revocation proposal where the or purpose of process. council's care, control and management of the land has been withdrawn under the Crown Land Management Act 2009. 4.17 Enable a council to revoke the This appears to be a sensible proposal to Difficult to see when this would apply classification of land as cut unnecessary red tape. – as majority of land classified as community land where owners community land would be owned by cannot reasonably be found. Council, or Crown land under the care & control of Council. 4.18 Provide a mechanism to allow This appears to be a sensible proposal to Agree with this proposal councils to acquire private cut unnecessary red tape. roads where the owner consents, where the owner is deceased or where the owner cannot reasonably be found and to allow the council to retain or transfer the land to another party.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. Authorisations and Permits for Use of Council Roads 4.19 Review the public consultation Councils support reform of community Agree with proposal requirements that apply to consultation arrangements, in particular, to permits and authorisations, in enable councils to take advantage of new line with a new community technology. Councils also need flexibility in engagement approach. the way they consult: not every issue requires the same approach. 4.20 Remove specific provisions The approved LGA position opposes a Agree with removal of mobile food regarding mobile food vendors, uniform approach across the State and vendor provisions. A recent in favour of a 'general right of supports greater council legislative addition that removed appeal' where a council has discretion/flexibility in regional areas. local decision making without any unreasonably affected a apparent benefit or need for such business. legislation. Other areas for Reform (further discussion items put forward by the LGA) LGA1 Increase the maximum penalty The current maximum of $750 has not Agree with this proposal from LGA under a council by-law. increased since 1999. This means the maximum permissible expiation fee (at 25%) is only $187.50.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. LGA2 Performance Management The SA Productivity Commission are No position as yet. To be further considering recommendations on considered as part of SAPC reports mandatory performance management and information. systems, to enable councils to compare performance and identify areas for improvement. Whilst there are risks, a carefully constructed performance management system could add value to the sector, eg if: Information is gathered automatically from existing council systems. Information is collected centrally and then used to report to government departments (in accordance with myriad Acts). This can reduce duplication of council reporting requirements. Information is systematically analysed (eg by LGA) to provide insights and advice to councils. LGA3 Prescribed format for Asset There is currently no standard format Would be beneficial to have a model Management Plans and Long- prescribed in the LG Act for a consistent AMP & LTFP – and this could be Term Financial Plans approach to asset management planning improved by Councils but at least and long-term financial planning. This with a similar basis. makes it difficult to synthesise information from different councils or to apply a minimum standard for these documents.
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. LGA4 Developer contributed assets There is a perception that councils have to Agree – provides some clarity about accept an asset when it is offered for free decisions related to development. from a developer, but councils do not have to accept an asset and may undertake a prudential report to ensure it is up to standard and financially viable for council to maintain. Accepting an asset has long- term financial implications for a council and prudential management issues should be considered prior to a council accepting an asset. Section 48 of the Local Government Act 1999 could clarify the right of council to undertake a prudential report and/or decline an asset. LGA5 Rating equity for commercial Currently South Australian councils face Agree with this proposal and/or industrial land uses considerable rating constraints for selected major developments (e.g. wind farms, feedlots, solar farms and mines) and exempt properties, resulting in local communities paying more than their fair share to subside the cost of servicing certain land uses. These constraints include: the inability to levy appropriate and equitable rates on electricity generators (including wind farms and solar farms) as a result of the exclusion of improvements such as electricity generating plant and equipment from capital valuations under legislation; and the inability to effectively categorise intensive land uses for differential rating
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. purposes, given the limited permitted rating categories available under legislation LGA6 Regulations for section 245A of Regulations would safeguard council’s Agree with this proposal the Local Government Act 1999 infrastructure and enable councils to (Development Bonds) recoup the cost of repairs, related to development damage. LGA7 Regulation 21 of the Local The LGA requests amendment to Disagree with LGA proposal as Government (Procedures at regulation 21 to ensure proper integration Regulation 21 & 12(3) can operate in Meetings) Regulations 2013 between regulation 21 and regulation isolation as a revocation can occur 12(3) so that a written notice of motion by via a CEO Report, or via a written a council member is not required. Thus, Notice of Motion from an elected upon council consideration of a CEO member. These is no need for recommendation a motion without notice integration. by a member could action that recommendation at the same meeting. A Motion without Notice is not required for other officer report/recommendation – so why this part. LGA8 Management of unmade roads The Local Government Act 1999 and the No comment Road Traffic Act 1961 do not give councils appropriate powers to manage unmade public roads, especially in rural areas. There are many ‘public roads’ laid out in old rural subdivisions which have never been formed, or are no longer used, and over time have been occupied by adjacent landowners. Clearer statutory provisions are needed so council can effectively close a road to all, or certain classes of vehicles, and be able to effectively enforce the road closures
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. LGA9 Community housing The State Government is transferring Agree with this proposal. A direct public housing properties to Community cost shift to Councils (through rate Housing Providers to facilitate their reduction). upgrade and renewal. This transfer makes properties eligible for a mandatory 75% Additionally, due to the (generally) rebate on council rates, whereas the State poor state of existing housing stock Government previously paid full rates on at time of handover, the housing these properties. provider is financially hamstrung in The LGA advocates for legislative change its ability to upgrade or develop new to remove the 75% rebate on council rates community housing stock. for community housing providers and that this portion of rates continues to be paid A flawed process to devolve State for in full by the State Government. Government of operational costs, and management of public housing. LGA10 Fees and charges The LGA advocates for review of local Agree that regulated fees & charges government fees and charges regulated require significant review. by the state government to establish modern price setting principles which promote efficiency, flexibility and fairness in service delivery. LGA11 Review the information required A number of council reporting A review is warranted, but I am not to be included in Annual requirements have marginal value, at best. convinced that such reporting Reports Cumulatively, they represent a significant requirements significantly impost on impost on council resources and result in resources and cause higher rates – higher rates. possibly overstated by the LGA. Examples include annual reporting on: council training programs; HR management programs; Informal gatherings (pursuant to section 90(2)).
OLG OLG Proposal LGA LGA discussion notes NLC Naracoorte Lucindale Council Ref Response & Comments No. LGA12 Clarify the ability of the SA The Register-General does not believe Clarity would be beneficial. Register-General to transfer the that he has the requisite power. As a ownership of land, where there result, the statutory intention of s184 is is a caveat placed over the frustrated and councils cannot sell land in land. cases on non-payment of rates.
Local Government Review Bill 2020
LGA Summary of major changes
The Local Government Review Bill 2020 (‘the Bill’) was introduced in the House of Assembly by the Minister for Transport, Infrastructure and Local Government on 17 June The following table sets out the substantive changes proposed in the Local Government Review Bill 2020 and provides preliminary LGA comments on the proposed reforms. The LGA will consult with member councils before finalising a position on the Bill. The ‘LGA Guidance’ colour code is based upon previous consultation with member councils, decisions of LGA General Meetings and positions taken by the LGA Board. The LGA has been advocating for sensible and effective legislative change and adopted a local government reform agenda in 2017. The Bill includes some of the reforms advocated by the LGA, particularly in relation to an improved framework for managing issues of behaviour. Unfortunately, the Bill also includes unwarranted and expensive proposals that can replace local decision making on council budgets and services with broad powers for a Minister to direct a council in these matters, such as setting a cap on council rates. The local government sector has a longstanding policy position to oppose rate capping in any form. Information about why rate capping is bad public policy can be found here. The Bill is expected to be debated in the House of Assembly in July 2020 and the Legislative Council in September. If passed by the Parliament, the new clauses would probably not commence for several further months. The LGA is seeking submissions from councils on the Bill by Friday 9 August 2020. Details about consultation workshops being held for metropolitan and regional councils will be available shortly.
Section of What does it do? LGA LGA Comments CEO NLC CEO Comments Act Guidance Guidance
6 New. The LGA is seeking clarification on Replaces similar clause but with what that means in practice and greater emphasis on taking into Principal role 6(b) to make decisions about the whether this additional principal account ratepayer capacity & of council. provision of various public services and creates grounds for council budgetary willingness to pay. facilities that will benefit the community decisions to be contested. in the context of the capacity and willingness of ratepayers to pay for those services and facilities.”
7 New. A number of additions in the ‘role’ and Links with new wording from ‘functions’ sections tie into later Clause 6. Functions of (ba) to determine the appropriate changes relating to rate setting and a Council financial contribution to be made by Ministerial directions. These ratepayers to the resources of the preliminary sections related to the council. role and functions of council are considered to be acceptable, but the later sections on rate capping and new Ministerial ability to override council policies are strongly opposed.
8 (ea) Seek to collaborate, form The additional wording introduced by Similar to Clauses 6 & 7 – provides partnerships and share resources with this clause is in italics. for legislative description on the Principles to other councils… forming of partnerships and resource be observed A number of additions in the sharing with other Council, as well by a council (h) seek to ensure that council ‘role’ and ‘functions’ and as assessing the financial impact of resources are used fairly, effectively ‘principles’ sections tie into later such an approach. and efficiently and council services, changes relating to rate setting facilities and programs are provided processes. This is not far removed from how we effectively and efficiently. already approach various matters – (ia) seek to balance the provision of and with a strong regional body services facilities and programs with (LCLGA) this provides some emphasis to further assess the financial impact of the provision of appropriate partnerships across the those services, facilities and programs region. on ratepayers.
11A The number of members of a council This proposal needs to be Doesn’t appear (including the Mayor) will be capped at tested with member councils unreasonable to limit a Number of 12. before the LGA forms a Council to a maximum of 12 elected position. Members. members Remove current Representation Review clauses. During sector consultation in 2019, Councils can still determine most councils preferred to retain their the number of Members via New requirement to review number of current arrangements. a Representation Review – wards and number of electors per ward. but to no more than 12 But no longer need to review the If councils have started a Members. number of members. Representation Review under current Act, they can use this If a council conducts a review by 2022, process for purpose of this they can implement this change for section. 2022 council elections. This proposal is designed to If not, then must implement by the 2026 be a simpler process and elections. respond to feedback from councils that the current Representation Review process is overly complex.
12 If a council has area councillors but not If a council has wards, they may Council can still amend its wards, they will not need to perform a still need to conduct a representation structures Rep review process representation review. representation review on the (wards/no wards, number of optimal number of electors in each Members), but can now do so - deleted Councils must consult with the public re ward. through a less bureaucratic and the representation report. The resulting complicated process. report must include public submissions. The Bill includes transitional provisions that will capture reviews that have already commenced or will commence before the 2022 council elections.
44 Amendment to include Joint Planning Councils retain the ability to make As LCLGA and its Member Boards as a possible delegate. decisions about delegations and Councils have chosen to form Delegations the terms and conditions of a a Joint (Regional) Planning delegation. There is no Board – this then provides for requirement to make a delegation. Council to delegate a power or function to that Board (but is not obligated to do so).
50 New. This proposal needs to be Current Public Consultation tested with member councils clause deleted, and Current Introduces one Community before the LGA forms a position replaced with a new public Engagement Charter for the whole Community Engagement consultation local government sector. The concept of a state-wide Community clause. sections Engagement Charter is consistent with This will replace many individual deleted the LGA’s previous local government sections requiring councils to report reform submission. info, consult, publish in newspapers, I would consider this to be a keep hard copy at principal office, etc Consolidating consultation more modern and effective arrangements within one state- mechanism on how, when, The Charter will be decided by the wide charter could lead to savings and why we should or Minister and Gazetted and will apply and efficiencies by reducing shouldn’t engage on various across all councils. duplication and allowing for more matters. This new clause Some parts will be mandatory, others targeted and effective consultation then flows through to many will be up to council policy (See 50A). to occur. parts of the Act and consolidates the way we The Minister approves and varies the Local government will be consulted should and can engage. Charter, after consultation with the on the development of and any LGA. variation to the Charter, via a process facilitated by the LGA. It appears less prescriptive, To be effective, it is considered that the and more flexible for each Charter needs to: Council to determine the most effective way on how • Clarify the matters that to engage with our councils must consult on, community. but not require councils to consult on minor or uncontroversial decisions;
and • Ensure complaints about non-compliance with the Charter are dealt with in an efficient manner through an administrative process.
50A Each council must have its own policy A large number of sections in Links with S50 as above. on how to implement the Community the Act relating to specific Engagement Charter. consultation on specific matters are deleted, as a consequence of new ss 50 and 50A. Councils must consult with the community regarding adoption of their Policy or if they want to vary it. This policy must be consistent with the Charter. A failure to comply with a Community Engagement Charter or the council’s related community engagement policy still exposes the subsequent council decision to judicial review.
51 S 51(1) now provides that the Principal principal member will be member of elected as a representative of council the (Council) area. This provision already existed – but provisions to also allow the Principal Member to be chosen from elected representatives (Councillors) has been removed.
54 If a council member resigns to take up This proposal is consistent with Provides some additional another position (eg Mayor) their the LGA’s previous local flexibility on how we deal with Casual vacancy position as member becomes vacant. government reform submission. vacancies late in election cycles. Councils can go to next election without filling the casual vacancy if an election is 54(1)(g) also amends the to be held within the next 12 months requirement that a vacancy (currently 7 months) or January 1. will not be created if a member does not complete a Register of Interest Form – but does provide consequences for not doing so which appears a much more effective and flexible approach.
55A If a council member runs for State This proposal is consistent with This provides for a level of Parliament, they are automatically the LGA’s previous local consistency across the State, Elected granted a ‘leave of absence’’. government reform submission. and takes decision making Members away from an individual running for The leave commences at the close of During previous elections, there have Member. Parliament nominations –even if the been inconsistent approaches by member/candidate is campaigning candidates in relation to standing Mayors & Elected Members earlier. down from council roles and payment running for State Parliament, of allowances. These proposed and continuing their role as The provision applies to any council provisions create a level playing field an Elected Member can office -including council committees for all council members. provide for perceived (by the and subsidiaries. public) and actual conflicts of It appears that council members If a candidate withdraws their interest in approach, position, can still call themselves ‘Mayor’ nomination, -they are automatically and policy. or ‘Councillor’ during the leave of reinstated to their council position. absence. Members will not receive The LGA will seek feedback from remuneration/allowances during the member councils on the optimal leave period. wording for this section. In subsection 5, candidates can’t use council facilities in this leave period.
58 New sections clarifying the role of a This proposal needs to be Appears to be reasonable, principal member of council. This tested with member councils and does provide a greater Role of includes: before the LGA forms a level of clarity and emphasis Principal position. of actual role – rather than Member • “Providing leadership the previous clause which (usually and guidance to the Mayors are not given specific new outlined more of a called Mayor) council. powers. figurehead role & function. • To lead the promotion of positive The proposed section states and constructive working general principles, setting out what relationships amongst members the principal member’s leadership of the council role entails. • To provide guidance to council members on the performance of their role; and • To support council members understanding on the separation of responsibilities between elected representatives and employees of the council.”
59 New. ‘Integrity’ is not defined and Similar to the Principal will have a common law Member – some Role of It will be a role of council members to definition. redefinition and clarity on members of act with integrity. the role of a Member, council The existing Act and Bill contain and includes specific sections about integrity, responsibilities that link which are still primarily regulated by to the new Behavioural ICAC, the OPI and Ombudsman. Code.
62 The prohibitions on disclosure of This change will clarify council Provides additional detail and confidential council information are member confidentiality obligations clarity in dealings with confidential General extended to documents that the council and make it easier to establish that a information. Council member “knows or ought reasonably to breach has occurred. Member Also follows from S58 & S59 have known is …required to be treated duties above, in providing greater detail confidentially”. as to general role of a Member, and links to Behavioural Code.
68 (1a) If a council member fails to return Consultation with member councils Provides clear process and their Register after a defined period (in in 2019 showed support for clear consequences if a Member does Council most cases 12 months) the member consequences for a breach of this not comply with Register of Member will be suspended. requirement. Interest legislative requirements, Register of including suspension and non- Interests (1b) If a member is suspended under The proposed clause gives council payment of Members allowance. this section, so are their member CEOs a role in imposing allowances. consequences, including exercising a degree of discretion (ie determining (3a) If the member subsequently whether the return is satisfactory). submits a return, to the satisfaction of the CEO, the CEO will publish a notice The LGA will seek feedback from on website to this effect. member councils on the optimal wording for this section. (3a)(b) The suspension is revoked upon publication of this notice. (3b) If the failure to submit a return continues, the CEO may refer to SACAT
70 The Register will now no longer publish This proposal is consistent with Agree the home address of a councillor. the LGA’s previous local Inspection of government reform submission. a Register Additional information can be supressed for personal safety.
72A The Minister will declare the threshold This proposal is consistent with Agree amount for the purpose of this clause. the LGA’s previous local Register of government reform submission. gifts and The Minister must consult the LGA benefits prior to making this declaration.
74-75C The three categories of Conflict of The new sections are simpler and less Amends a previously complicated Conflicts of Interest are reduced to two: ‘General confusing. They should allow greater part of legislation for Members and Interest Conflicts of Interest’ and ‘Material council member participation in the general public to navigate and Conflicts of Interest’. decision- understand. making where there is no actual A member of a council will not be There will now only be a general conflict, or the conflict can be managed regarded as having a conflict of interest conflict, and a material conflict of appropriately. in a matter if the interest is held in interest for Members to consider in common with a ‘substantial proportion’ Areas where further clarification is their decision making process. of the ratepayers, electors or residents required include:
of the council area (if that interest is • circumstances where the equal) . It also removes the issue of a council has nominated an Member having a conflict in dealing Onus is on the council member to elected member to the with a matter before Council from declare/decide whether they have a board of another legal an organisation that the Council conflict. Failure to declare a conflict entity, appointed the Member to. can result in penalties. • mechanisms for abstaining; and • the ‘substantial proportion’ test.
75E The Minister may publish and vary There will continue to be Appears to be an improved ‘Member Behaviour Standards’. These multiple (but slightly different) structure to deal with Member Standards are not set out in the Bill. sources of rules that govern Member behaviours by ‘Behaviour member behaviour. This having state-wide Standards’ They apply State-wide. includes: standards, and then for The Minister must consult the LGA first. Councils to adopt their own • the Act, Policy to deal with matters Minister’s decision will be published in • in these proposed locally. the Government Gazette. ‘Member ‘Behaviour Standards’; and • in the ‘Council The consequences do not Behavioural Support initially appear to be Policies’ (see s75F). significant, which could be This could be confusing and it will be seen as negative – but important for the LGA to provide additional legislative provisions do provide for support and guidance. serious consequences if the behaviour is repetitive or These standards will be continuing. reviewable by Parliament, which provides a level of oversight of the decisions made by a Minister.
75F Council may implement their own Sector feedback indicated that Links with S75E above. policies on how to support “appropriate dedicated meetings (usually just after Council behaviour by members of the council”. elections), where councillors Behavioural These can’t be inconsistent with the deliberated and then agreed on Support Behavioural Standards. behavioural standards, led to strong Policies. improvements in meeting culture. Council must review these within 6 months of general elections. The Bill will enable each council to address these issues and to approve Council must consult the public on their own policy. these. Members may face sanctions for a Council members must comply with breach of a CBSP. their CBSPs. The Council itself can impose limited sanctions (see s262C). A breach of the CBSP could constitute ‘misbehaviour’ (s262E), could be referred to the new Behavioural Standards Panel and could result in more serious sanctions or penalties.
75G New. This proposal needs to be This requirement was tested with member councils previously provided for Council Council members are not ‘workers’ for before the LGA forms a within the Members Code of member the purpose of the WHS Act. But they position. Conduct, but by now being health and will now have specific WH&S included in legislation – safety obligations. The CEO will have clear powers to put sends a much stronger obligations in place arrangements to ensure Council members must not adversely message on how Members employee safety. This could include, affect the health and safety of other and staff should interact on for example implementing members of council or employees. a professional and objective administrative arrangements to limit basis. Legislation also Could include a direction that a contact between council members or provides for powers to member of a council not attend a between a council member and an enforce separation of any meeting of the council. employee. parties through suspension of attendance at Council Council members must follow the The LGA has sought advice from and/or Committee Meetings reasonable directions of a responsible Norman Waterhouse Lawyers to if deemed appropriate. person (usually the CEO) in this clarify the proposed role of CEOs in respect. administering this provision. Where appropriate in the circumstances, provision for alternative participation in a council or committees should be considered.
76 Remaining: The requirement of the Remuneration No real change in this part. Tribunal to consult with the LGA and Member Member Allowances set reach agreement on arrangements Allowances by Remuneration Tribunal. has been deleted. Recovery of costs by the LGA does LGA to pay Remuneration Tribunal not need to be included in legislation Clarification is required regarding their “reasonable costs”. – as this is a matter for LGA “reasonable costs” to ensure there are Members to decide through the LGA appropriate limits on the cost to Constitution. councils (via the LGA). 100% of South Australian councils are currently members of the LGA and the enjoy the numerous savings and benefits that result from their membership. However, provisions need to be made that enable an equitable proportion of the costs to be recovered from a council that may withdraw or be expelled from the LGA in the future.
80A ‘LGA Training Standards’ will still be The LGA submission recommended Mandatory training is a positive, specified in the Regs. that there be approved candidate which should assist Members in Training & training and candidates must indicate understanding and undertaking Development Each council must adopt their own whether they have completed the their role and functions. policy for conduct and completion of approved candidate training, when training and development by their Amendments now provide for nominating for council elections. members. consequences if a member does At present, the State Government not undertake the mandatory If a council member has not completed does not intend to include these in training requirements. the training, the CEO must suspend the the (yet to be drafted) Regulations. council member unless the council In this regard, the LGA will need to Feedback from members is required member satisfies the CEO that good be more proactive and timelier in about the proposed role for council reasons exist. the delivery of a mandatory training CEOs in enforcing compliance with platform following local government (See s262 for referral to Behavioural the training standards. general elections. Standards Panel and penalties. )
80B Suspend a council member who is the This proposal needs to be This is a new and interesting subject of an intervention order. tested with member councils move into Council Suspension before the LGA forms a consideration of social of Council The CEO will have a discretion to position. matters and domestic Member suspend a member violence as it relates to subject to an The LGA has sought advice from Members and their intervention Norman Waterhouse Lawyers to interaction with other order clarify the proposed role of CEOs in Members and/or staff administering this provision. relative to an Order. Feedback from members is required The CEO of a Council will about the proposed role for council not be required to make any CEOs. judgement on any such matter, but will be required to take action if an intervention order has been imposed. This approach is also receiving some levels of consideration from an employment perspective.
90(3)(o) New exemption, allowing councils to This is a minor but welcome Agree discuss potential award recipients in amendment. Meetings confidence. held in public This will allow the names of award- winners to not enter the public domain until the award is presented.
S86(6a) A Member can be excluded from a This is generally a positive meeting by the Presiding Member if provision to allow for Procedures they contravene this Section ie improved management of at meetings interrupts, behaves improperly or meetings by the Presiding disorderly Member. The Member may be excluded, for up to 15 minutes, but in this period, Council is not able to put any matter to a vote – and this effectively puts the whole Council Meeting on-hold which could be seen as rewarding inappropriate behaviours.
S90(8) The rules relating to informal The current provisions are This is a positive and gatherings are simplified. confusing and unintentionally common sense amendment Informal broad. to return the ability of Meetings The Bill replaces 'informal gatherings or Councils to hold Informal held in public discussions' with a simpler scheme of These new sessions will enable Gatherings through a much clearly defined 'information and briefing councils to more easily discuss and simplified process and sessions'. better understand their business, but approach. will also retain the expectation that these sessions cannot be used to obtain, or effectively obtain, decisions that should be made in a public council meeting.
New S90A The concept of ‘Information or briefing As per S90(8) above. As above – supported. session’ is described more carefully. If it is one of these, it needs to be open to the public and a record made. The CEO makes decisions regarding whether a matter will be on the agenda and if the group has ‘effectively made the decision’.
S92 Councils must already have a Code of Almost all of the reporting Support Practice about meetings and access to consultation provisions are Access to documents. The new obligation removed from the Act and will be meetings and requires councils to consult with the replaced by a schedule. documents public before adopting, altering or Similarly, the Bill also removes substituting this Code. requirements to have documents Council reporting obligations are taken available to the public (online or out of the various sections of the Act in office) e.g. sections 77, 79, and will be replaced by a schedule, 105, 252, 259. making it easier for councils and the public to understand what needs to be reported (and how).
97(3)(a) Before council can terminate a CEO’s The detail of this proposal needs to This amendment does not employment they must have regard to be tested with member councils prevent a Council from Terminate a CEO advice from a “qualified independent before the LGA forms a position. terminating its CEO – but it does person”. require Council to take advice Council must consider the advice but is from a legal and/or human Definition: “a legal practitioner OR not bound by it. resources perspective. someone determined by the council to This provision only applies to some have appropriate qualifications or of the grounds for termination. This may assist in protecting the experience in human resource There is no requirement to obtain Council against future claims by management”. this advice if the CEO is ‘guilty of an undertaking an appropriate offence’, etc. process of termination.
98 Councils no longer need to advertise in Councils will typically engage a suitably Removes an outdated clause for a newspaper -instead, can use a qualified and experienced third party to advertising requirement. Fill CEO website. assist with CEO recruitment. Vacancy New provisions call for an Selection Panel: At least one is not a The detail of this proposal needs to independent person to be appointed council member or member of staff. be tested with member councils to a CEO Selection Panel; or to before the LGA forms a position. obtain and consider independent Before the CEO appointment, council advice on the assessment of must obtain and consider independent applications. advice on the assessment of applications and recommendation on This generally follows good practice appointment that would be undertaken by many Councils, but is now legislated as a requirement.
99 (ia) and New subsections relating to CEO The section clarifies a role that most Support functions. council CEOs perform already. (ib) Role of CEO A CEO must: -ensure council has effective polices systems procedures, etc -Report annually to the relevant audit and risk committee on the council’s internal audit process.
99A The Remuneration Tribunal will The proposed provisions are A new part of legislation. determine minimum and maximum modelled on the Western Australia Remuneratio Regulations may outline further remuneration for CEOs. legislative scheme are were broadly n Tribunal requirements, and is an supported by councils and the LGA extends to The Remuneration Tribunal may have unknown. in previous local government reform CEOs regard to any matter set out in the submissions. An assessment of the WA Regulations. scheme provided for a fair range Clarification is required about how ss(4) remuneration may differ based on of minimum/maximum salary additional allowances (such as geographical factors or other factors. ranges across council groups – mobile phone, travel/fuel for country and if modelled similarly, would Amounts may be indexed. CEOs etc) will be still provide Councils with a fair considered/determined by the The LGA will pay for the Remuneration level of flexibility as to Tribunal. Tribunals’ reasonable costs. remuneration levels. The Bill allows for a determination to Councils must ensure the remuneration be made ‘from time to time’. Greater they pay is within the range set by the certainty should be provided about the Remuneration Tribunal. minimum / maximum frequency of determinations, particularly as the cost of this process will be borne by councils (via the LGA). 100% of South Australian councils are currently members of the LGA. However, provisions need to be made that enable an equitable proportion of the costs to be recovered from a council that may withdraw or be expelled from the LGA in the future.
102A New. The detail of this proposal needs to This new Section follows be tested with member councils similarly to CEO termination and CEO A CEO Performance Review must before the LGA forms a position. appointment processes – in that Performance occur at least once a year and “if independent advice must be review relevant” before reappointment. considered as part of a Council must obtain independent advice performance review. by “qualified independent person” who The requirement to have an is not a member of council and annual review through determined by the council (same as the legislation is a positive change, requirements for CEO termination but a and although generally covered legal practitioner is not listed as an within a CEO Employment option. see 97(3), above). Contract – this ensures that parties come together to undertake a performance review.
110 Code of This is replaced by s119A The employee register is designed to Support conduct for mirror the requirements for council employees members. CEOs have responsibility to manage this through council policies and industrial arrangements.
110A Duty of employees to protect This is consistent with the Support confidential information. clarification for council members’ Duty to confidentiality obligations. protect Adds a new limb “employee knew or confidential ought to have known that the information information is to be treated confidentially”.
119A This was previously dealt with by Code The aim is for consistency in Support of Conduct. The limit is intended to be these arrangements, for the same as is currently declared by employees and council Register of Minister. members. Gifts and Benefits for Employees
120A Council must prepare and adopt While the council will adopt the This is a reasonable standards. overall policy, the CEO approach, and follows Employee otherwise remains in charge of sound human resource Behavioural An employee must comply with these employee matters. principles. standards standards. The LGA will consult with Council already has such These standards will set out: member councils and with the an approach with a -grounds for suspending or dismissing, relevant trade unions Behavioural Code & Staff disciplinary action against the Team Charter. employee. Before a council adopts or alters these standards, they must consult with relevant industrial association re the Employee Behavioural standards and any subsequent variation. Within 6 months of periodic election, council must review these standards.
122 A Council’s Long-Term Financial Plan - The LGA acknowledges the This requirement was largely must be for a 10yr period. significant work that almost all already within legislation, but Strategic councils have undertaken in now requires some additional Management The LTFP developing their LTFPs and is considerations within the LTFP Plan must: (NEW) comfortable with this codification of on revenues, approach to -outline council’s approach to funding existing practice. funding services and infrastructure (AMP’s). Sound services and infrastructure Note that the Consultation Charter arrangements: approach to assist Council in its -Set out council total revenue for the decision making as it relates to period • will require councils to the longer term sustainability of -Outline the sources of revenue consult with their Council. including fees, grants, rates and communities on their LTFPs; charges. and • are likely to require councils to undertake (3a) Regulations may require the further consultation before inclusion of other information. changes are made to the LTFP.
123 An Annual Business Plan (ABP) must This section would impose a series The requirement -2(ea)(i) - for include: of expensive and unwarranted new Council to detail in its ABP the Annual requirements on councils in changes in total revenue from Business -NEW: a statement on the proposed drafting and adopting their Annual general rates is reasonable – Plan change in total revenue from general Business Plan and Budget. and follows existing practice rates for the financial year and if ABP with Council. sets out a growth component in relation This proposal introduces another to general rates it may only relate to layer of bureaucracy and gives a growth in the no of rateable properties significant role to an unelected The requirement to seek and must not relate to the growth in the body that has no relationship with independent advice (assumed value of rateable properties. or accountability to the local to be from ESCOSA) of such community. -an explanation of how the proposed revenue approaches would change is consistent with the council’s This process will place councils in a appear totally unreasonable LTFP. continuous cycle of administrative and unwarranted, and is an planning and reporting that will detract attempt at introducing ‘rate -A summary of other reasons for the from the councils’ role in providing capping’ by stealth. There is no proposed change. local services and facilities that benefit sound evidence base that -Details of impact of the proposed the local community. indicates that the local change on average rates for each land government sector has The timeframes outlined in this section use category. imposed unreasonable rate are unrealistic and unworkable. A revenue increases in more -The advice received from the council will be required to adopt a recent times – and this was ‘Designated Authority’ (which looks like draft Annual Business Plan and backed by the recent SA being the Essential Services Budget in December – 6 months prior Productivity Commission report. Commission of SA); and to the commencement of the new This process will add further - The council’s response to the advice financial year. This provides limited red-tape and an additional layer which must set out whether the flexibility to respond quickly and of bureaucracy to the ABP & proposed change in total revenue from effectively to changing economic and Budget process – and the general rates is consistent with the social circumstances, such as those independence and advice and if not the reasons for the we have experienced in 2020 during effectiveness of ESCOSA is inconsistency. the Covid-19 public health emergency. highly questionable. (3a) The DRAFT ABP must be provided In 2019, the South Australian To have to seek this advice by to the Designated Authority by 31 Dec in Productivity Commission undertook an 31/12 in each year preceding the FY preceding and must include: Inquiry into Local Government Costs the budget period is also and Efficiency. The Inquiry found that unreasonable – and somewhat - The proposed change in total SA councils are achieving high levels of circumvents the ability to revenue from general rates. efficiency and did not make any consult with our community at The council’s view of the impact of - recommendations that are consistent such an early stage on our ABP the change. with the rate capping proposals & Budget (included rate - Information about consideration contained within the Bill. revenue approach). given by council to alternatives to the proposed change including total The Commission did, It is unlikely that ‘rate capping’ revenue resulting from such however, find that would have an effect on us, but alternative measures. regulatory compliance the principle is wrong and costs and the expansion unreasonable. (d) information as to how the proposal of mandated Rate capping in other States is consistent with the Council’s LTFP. responsibilities under state legislation has proven to be problematic, have created additional cost pressures -Any other matter set out in the in and ineffective. Regs. for councils.
The Designated Authority must provide This Bill introduces a range of new its advice back to the council by 31 compliance requirements that will need If the Minister considers that a March of each year. to be funded by councils. The costs of particular Council is being this process are likely to be significant. unreasonable in their approach The Designated Authority must have A ‘Designated Authority’ (likely to be to rate revenues – the Minister regard to: ESCOSA) will need to undertake an already has other powers to - information provided by, AND any individual assessment of every councils intervene. matter directed by the Minister; and plans and budget, every year. -Any other matter considered relevant As a reference, the Essential Services by the Designated Authority. Commission in Victoria spent $2 million in 2018/19 administering its local The Designated Authority must publish government regulatory role. a copy of any direction given by the Minister as soon as practicable. Every extra dollar that is needed to fund new reporting requirements in an If the Designated Authority considers a extra dollar that needs to be paid by council has failed to respond to its ratepayers, or one less dollar that is advice -it MAY provide a report to the invested in local services and facilities. Minister. This proposal is inconsistent with the LGA’s longstanding policy position to oppose rate capping in any form.
125 New Regulation making powers. This is a potentially significant power It is acknowledged that Regulations Councils must ensure their policies, and has the potential for the State may impose additional Internal practices and procedures comply with government to significantly encroach requirements, but the need for Control these Regulations. on the decision-making of local sound internal controls is positive policies representatives. and reasonable, and a function that already exists, and is monitored by The scope of the section extends our Audit Committee. to any policy, procedure, etc. The section could be used to effectively take away almost all council discretion and undermines the role of local government as an independent, democratic sphere of government.
126 A majority of members of council Audit The LGA’s previous local government Not necessarily opposed to these and Risk Committees must not be reform submission provided broad changes, but the requirement to Audit and members of the council and may not be support for an expanded role for have a majority of independent Risk an employee of the council. council Audit Committees. will seek members of an Audit & Risk Committee advice on these details from the sector. Committee could challenge our The role of these committees is ability to source appropriate expanded to include ‘risk’. The detail of this proposal needs to qualified or experienced people. be tested with member councils ‘Functions’ of Audit and Risk before the LGA forms a position. This may have consequences for a Committees expanded: limited number of Elected Members NEW functions include: on the Committee (ie 4 Independents/3 EM’s; 3/2; 2/1 -Monitoring expenses of council. blend of Members). -to make recommendations for It may also force us to look at a improvements based on previous Regional Audit & Risk Committee audit/risk assessments. by default. -Review powers when CEO assists Support the change to Audit & Risk audit committee. Committee – and this reflects -Liaise with council auditor in accordance with the Regulations current approach. (g) if a council has an internal audit function -to review/comment on an annual report by CEO in internal report re the scope of internal audit work; and -The objectivity and standard demonstrated in the carrying out of the function. If a council does not have internal audit function, the CEO must report on polices of council etc The must be one meeting of the Audit and risk Committee each quarter. Audit and risk Committee must provide a report to council every 3 months.
126A Regional audits permitted, where 2 or This option may be useful for As above S126 more councils share audit resources. regional councils who struggle to This is optional. recruit qualified independent auditors.
128 Councils must use a different audit firm Unlike the Corporations Act, Support – can provide a at least every 5 years. councils can’t just change the different perspective and Auditor particular auditor within the same approach from a different audit Then a council must wait five years firm. firm. before re-engaging that same auditor.
129 If the SA Auditor-General exercises Note that the Auditor-General also Agree with LGA comments that (existing) powers to perform the council has new powers to conduct a this is an existing ‘check & Conduct of Audit audit, then a normal audit is not ‘review’ which is not a full audit but balance’ on Councils rate required. might be, for example, an revenue approach that could be investigation into a particular referred to the Minister rather If the Auditor -General conducts the aspect of a council’s affairs. than ‘rate capping’. audit, the council must pay for the reasonable costs incurred. The broad powers that are already available to the Auditor General to review or audit a council’s financial management are further justification that the additional, expensive rates
oversight processes outlined in the Bill are unnecessary and unwarranted.
151 Delete council power to use ‘site value’ The OLG advise that currently only 8 Support a level of consistency as a means of rating. All councils will councils use site value. across the state in utilising capital Basis of values only for rating purposes. rating use ‘capital value’ method. This will mean state-wide consistency for ratepayers, but the detail of this proposal needs to be tested with member councils before the LGA forms a position.
170 Requirements to give the public notice The specific requirements to give Support of the declaration of rates. the public notice of the Notice of declaration of rates will be set declaration of out in the Community rates Engagement Charter.
194 Simplification of current unwieldy On an initial review of this proposed Generally supportive of legislative process to revoke community lands. clause the LGA is not convinced that change, but agree that additional Revocation Cases where the Minister will be the drafting achieves the policy legislative clarity could be provided of community required to make the decision is intention. With assistance from for the non-Ministerial consent land clarified. Norman Waterhouse Lawyers, we requirements ie for an hope to clarify this and ensure the administrative, or uncontroversial More situations where councils can Minister is not required to approve changes of community land make the decision to revoke minor or uncontroversial applications. classification. uncontroversial community land (eg unmade roads). Does not apply to Adelaide Parklands.
222 (1a) – Removal of automatic granting of Mobile food vending business will now Support – this more recent permits for permits to mobile food vendors (food be treated like any other business legislative requirement was not an mobile food trucks). seeking a council permit. This is effective mechanism for vending consistent with ongoing submissions determining permits, location, and business from the sector and LGA advocacy. operation of mobile food vending businesses.
262A First step requires the council deal with Council has initial obligation to This new Section – Member issue in accordance with their (new) deal with council member Behaviour - is a positive Council behaviour management policy and behavioural issues, according to legislative addition and Member .behaviour support policy. their own ‘Code’. outlines with greater clarity Behaviour detail of behavioural This is consistent with previous LGA requirements, processes to local government reform submissions. deal with, and consequences. The first step where Council still deals with more minor matters is not overly harsh, and provides for a localised solution to be worked through. As per following Sections below (262C- S262Y) – if breaches are unable to be dealt with appropriately by Council, or the Member in question does not follow direction or solutions – then matters can be escalated to an independent Panel, or other agencies depending on circumstances. Whilst there was a Member Code of Conduct previously – there were minimal consequences, and so the Code was largely ineffective if all parties were not open to resolution.
262C Council has powers to insert Most of these changes are welcome. Support - as above consequences/ penalties into their policy for breaches of their Council Member Legal advice, mediation and other policy. Councils may: Behaviour options can be used, if a council - Action (a)-censure elects. (b)-Require a public apology. Based on the consultation with the -(c) Require the councillor to undertake sector in 2019, there may be some a specified course of training or concern if a majority of council instruction. members have a power to suspend a council member, even after a formal (d) remove or suspend the member process had been completed. from 1 or more offices held by the member The LGA will seek feedback from member councils on the detail of In dealing with these, council must this proposal. proceed with as little as possible formality and technicality The clause has been designed in an attempt to enable councils to operate without requiring lawyers. Councils are not bound by the rules of evidence but must provide procedural fairness Council can refuse to deal with a matter because it is frivolous, vexations, trivial. Council can also decide to take a matter no further.
262D - If a council refuses to deal with a This is a new administrative step Support - as above Member complaint or determines to take no that, ideally, will be part of an overall Behaviour - further action, then the council must scheme that is faster and less Reasons provide written reasons. expensive than currently operating.
262E Misbehaviour means: Classifying these levels of poor Support - as above behaviour will enable the new Behaviour -A failure by a member of council to Behaviour Panel to issue guidelines on Panel comply with a requirement under likely penalties. 262C(1) (ie the council determination about the complaint) The proposal will give the Panel power to define bullying and -Failure to comply with a council harassment, for the purposes of the behaviour management policy. Local Government Act. A failure to comply with an agreement reached following mediation, conciliation arbitration, dispute resolution process (ie a councillor has agreed and re-negged). Repeated misbehaviour. Misbehaviour, repeated behaviour and serious misbehaviour are defined. ‘Serious misbehaviour’ means bullying or harassment of another member or employee of council.
S262F Panel Local Government Behaviour Panel will This proposal is consistent Support - as above have 3 members: the LGA’s previous local government reform 1. Jointly appointed by submissions. Minister and LGA 2. appointed by Minister 3. appointed by LGA
262J Remuneration and expenses of the Early estimates (based on Local Support – it appears as though Panel will be determined by Governor. Government Grants Commission Panel costs will only be relevant if Model) indicate costs will be $300- there are issues to be dealt with – 350K for all three Panel Members (and and this should be then paid for by including an Executive Officer and one the relevant Council. administrative person). There is already an indirect cost to It is proposed that the LGA pay these all Councils when Member fixed costs with councils paying on a behaviour causes issues within a fee for service basis when their Council – and this is partly through matters come before the Panel. sector reputation, and also through legislative change implementation The LGA seeks feedback on for all Councils, when the cause whether the sector is prepared to may have been a minority of fund the proposed model. Councils.
S262N The Panel must: The LGA will seek further details on Support the funding model. At present, the LGA -Publish guidelines would pay extra, if the Minister -Publish model assigned the Panel additional behavioural management functions. This appears to present an policies open- ended financial commitment. -Practice directions There is a danger that the State Government could use LGA to take Panel can perform other functions on extra regulatory roles (cost assigned. shifting). Extra LGA and sector funding needs to be by agreement.
S262Q Matters can be referred to the Panel by Council policies should have Support processes to deal with Referral -Resolution of council complaints from the public, -CEO of council council staff and council members. However, appeals -at least 3 members of council do not need to be treated -the Minister consistently. + any person dissatisfied with council This clause needs to distinguish decision members of the public complaining about council member behaviour (already dealt with by s273 with appeals to Ombudsman) and complaints from staff and council members. The public already have the ability to complain about council member behaviour. There is no need (and have been no calls) for an additional grievance process for members of the public. Council staff and members should have access to the Panel where internal council processes have not been successful. This is the specific problem that the Panel is established to solve.
S262S Panel may arrange for investigations, Council will often conduct an initial Support compel reports from council, etc. investigation. While the Panel should be a fast and low-cost forum, it may need to (but should not be required to) conduct its own investigation. 262W The Panel may: The LGA queries why the Panel refers Support censures back to councils and doesn’t Powers of -Reprimand have the power to censure, itself. the -Direct a council to censure Behaviour Panel. -Require a public apology -Require a councillor to undertake a course of training or development. -Require a councillor to reimburse an amount of money. -Remove or suspend an office in capacity as member of another body -Suspend for up to 3 months -Direct council to lodge complaint with SACAT (SACAT can suspend for longer or remove a person from council).
If a councillor fails to comply with an order, this is defined as an integrity issue and goes to SACAT (not OPI) and the Panel must make a report to the Minister.
S262Y If corruption or integrity issue -it goes to Clarification is required regarding Support Office of Public Integrity. where appeals from Panel go, where there is not corruption. Council or Panel can refer a matter to OPI.
Ch 13 Minister may ask the council to report. Councils already publicly consult Most provisions within this s273(2) and report on Annual Business Section remain unchanged, If the council has “failed to adequately Reviews Plans and Budgets, which outline other than to add consideration respond” to the Minister / Designated Initiated by proposed rate increases. for direction on the advice on Authority advice, then…. Minister rate revenue (rate capping), Councils also have Audit The Minister can give directions to the and directions of the Panel Committees and are subject to an council to “rectify the matter” or to considering Member annual external audit. The Auditor prevent recurrence of the “act, failure or Behaviour. General also has broad powers to irregularity”. review a councils’ financial decision Whilst not supportive of rate This is not limited to situations where making. capping, the Minister does there has been a breach or failure by a need to be able to consider Ultimately, councils are council. It could relate to any council such matters (if passed), and accountable to the community and budgetary decision -eg where the to provide direction if required. are held to account via democratic Minister and council merely have elections that are held every 4 different financial priorities. years. This proposal centralised more power with an individual Minister, who will be given extremely broad scope to direct a council in relation to its budget and the delivery of local services and projects. This proposal is inconsistent with the LGA’s longstanding policy position to oppose rate capping in any form.
S273 A Minister may, on the basis of This is the clause that gives the Support, and I would consider information received from: Minister broad powers to direct a that this gets to the crux of Action a council on matters arising out of various versions of legislative Minister can ICAC these bodies. amendments and /or local take on Ombudsman government reform. Report A Designated Authority under s123 Much legislative reform in the A report of the Small Business past has been (in my opinion) Commissioner a reaction to some Councils A report of the not undertaking their roles to behavioural standards the extent that would be panel; or considered reasonable or • A report of a appropriate – and instead of council dealing with such matters administrator, directly, often legislation is changed that has an effect on ask council why s/he shouldn’t direct all Councils. the council. Other States have taken such If not satisfied, the Minister can direct action in dealing directly with the council Councils rather than the whole sector, but for some unknown reason, the SA State Government has always appeared reluctant to do so. Appropriate action by the Minister under this Section provides for serious consequences, but would also provide for serious consideration by all Councils as to how they reasonably operate within legislation, and community expectations and standards.
EXPLANATORY PAPER
Statutes Amendment (Local Government Review) Bill 2020
June 2020
Introduction ...... 3 Background Material ...... 3 Reform Area 1 | Stronger Council Member Capacity and Better Conduct ...... 4 New council member conduct management framework ...... 4 Managing behavioural matters ...... 4 Managing serious behavioural matters ...... 5 Managing integrity matters ...... 5 Suspension ...... 6 Health and safety duties ...... 6 Conflict of interest ...... 7 Council employees ...... 7 Chief Executive Officer ...... 7 Employees ...... 7 Reform Area 2 | Lower Costs and Enhanced Financial Accountability ...... 9 Rate monitoring system ...... 9 Audit and Risk Committees...... 10 Public and Finance Act ...... 11 Basis of rating ...... 11 Reform Area 3 | Efficient and Transparent Local Government Representation ...... 12 Council representation ...... 12 Supplementary elections ...... 12 Simplified nominations ...... 12 Increased disclosure by candidates ...... 12 Reform Area 4 | Simpler Regulation ...... 14 Community engagement charter ...... 14 Information and briefing sessions ...... 14 Internal review of council decisions ...... 14 Community land revocation ...... 15 Simplification of registers ...... 15 Simplification of council publications ...... 15
Introduction
The Statutes Amendment (Local Government Review) Bill 2020 (the Bill) was introduced into Parliament on 17 June 2020.
This Explanatory Paper provides a general overview of the reforms to the system of local government in South Australia that are in the Bill, with references to the relevant clauses. This Paper included information on the major reforms that are contained in the Bill’s four ‘reform areas’ that were the basis of the Local Government Reform Program that ran over 2019–2020—
1. Stronger council member capacity and better conduct
2. Cost savings and financial accountability
3. Efficient local government representation
4. Simpler regulation. Background Material
The Bill, this explanatory paper and other background material can be found on the Office of Local Government (OLG) website at www.dpti.sa.gov.au/local_govt/local_government_reform.
Please note that a ‘marked-up’ version of the Local Government Act 1999, showing the amendments to it that the Bill proposes, is also available on the OLG website.
Disclaimer: The marked-up version of the Local Government Act 1999 is provided for reference purposes only and should be read in conjunction with the Statutes Amendment (Local Government Review) Bill 2020.
The Bill itself can also be accessed from www.legislation.sa.gov.au.
Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
REFORM AREA 1 | STRONGER COUNCIL MEMBER CAPACITY AND BETTER CONDUCT
New council member conduct management framework
This reform creates a new conduct management framework for council members. This new framework changes the focus of the Local Government Act 1999 (the Act) from ‘conduct’ to more clearly delineated ‘behavioural’ and ‘integrity’ matters, to separate poor behaviour from matters that can affect the integrity of council decisions. The new framework also provides clearer pathways for the investigation and resolution of issues that arise within these areas.
As is currently the case, the conduct management framework is chiefly within two parts of the Act. Chapter 5 Part 4 (currently ‘member conduct and registers’) will become ‘member integrity and behaviour’. It will contain all matters that are the standards that apply to council members. Chapter 13 Part 1 of the Act contains the processes by which alleged breaches of these standards may be dealt with, and, if necessary, investigated and sanctions applied.
Managing behavioural matters
Councils will continue to have responsibility for managing behavioural matters in the first instance. The current Code of Conduct for Council Members—that details all behavioural standards for all councils— will be replaced with ‘behavioural standards’ that will be published by the Minister, and that all members will be required to observe.
The intent is that the Ministerial standards will be relatively high level, rather than detailing specific behavioural instructions, which councils may establish themselves in ‘behavioural support policies’. These will be policies in which councils decide themselves what actions, behaviours and standards their members should adhere to (for example, appropriate use of social media). While councils will not be required to have a ‘behavioural support policy’, the Bill proposes that councils must consider whether they will have a policy or not, and what it could contain, within six months of each periodic election. This ensures that every council, when it has settled into a new term, will have this important conversation about the standards and behaviours that they will hold themselves and their fellow members to.
Councils will also continue to have the chief responsibility for managing instances where behavioural standards are not met. The current Code of Conduct requires councils to have policies for managing breaches of the ‘Behavioural’ Part of the Code (Part 2)—this will be continued through a requirement for councils to have a ‘behavioural management policy’. This is contained within a new section to be inserted into Chapter 13 (new sections 262A-262D).
As is the case with the current Code, councils can determine what processes best suit their needs to manage behavioural matters. Unlike the current Code, however, the Bill provides significantly more detail as to what councils’ policies may contain. A new section, 262B, clarifies that councils can deal with complaints as each council considers appropriate. This can be by utilising mediation, conciliation, arbitration, by undertaking an inquiry through such methods as written submissions, or interviews, or by a more formal investigation. Councils can also conduct an inquiry itself, or appoint a person to do so on its behalf.
The Bill also includes proposed provisions to clarify that a council need not inquire into a complaint, if there is good reason not to. This could be that the complaint is trivial, frivolous or vexatious; that it is
4 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020 not made in good faith; that the person making the complaint does not have a sufficient personal interest in the matter; or that the matter has already been investigated through other means.
Finally, the Bill provides a range of actions that a council can take in response to a behavioural issue. These are similar to the sanctions that are contained within the current Code of Conduct for Council members – censure motions, apologies, training and removal from an office within council.
Managing serious behavioural matters
The most significant change in the conduct management framework that the Bill proposes is the introduction of a ‘Behavioural Standards Panel’ to deal with repeated or serious misbehaviour, or where a council member has failed to comply with a council’s processes or resolved actions (clause 126 of the Bill). The introduction of the Panel is to enable more efficient resolution of difficult issues that can arise between council members, with an expanded range of sanctions, including the suspension of members for a maximum period of 3 months.
Managing integrity matters
The SA Ombudsman and the Independent Commissioner Against Corruption will continue their respective roles in the investigation of matters relating to council member integrity, maladministration, misconduct and corruption.
Clause 130 of the Bill will amend section 263B of the Act to expand Ombudsman’s recommendation powers to include the ability to recommend suspension (maximum 3 months) of a council member and to apply some recommendations directly to a council member.
More significant sanctions will remain with the South Australian Civil and Administrative Tribunal (SACAT), which will be able impose suspensions for up to 6 months or disqualification from the office of council member (see clauses 131-133).
The main provisions for the new conduct management framework in the Bill are—
• Clauses 24–38 — Amends Chapter 5 Part 4 Division 1 to set out the ‘Member integrity’ provisions. These include amendments to the general duties in section 62 and a simplification of the conflict of interest provisions (further detail below). • Clause 39 — Inserts Chapter 5 Part 4 Division 2 which deals with ‘Member behaviour’— o New section 75E provides the Minister with the power to establish ‘Behavioural Standards’ that will specify the standards to be observed by council members. This will replace the Behavioural Code in the current Code of Conduct for Council Members. o New section 75F provides for councils to be able to adopt ‘behavioural support policies’, which are in addition to but must not be inconsistent with the Behavioural Standards. o New section 75G introduces health and safety duties for council members to take reasonable care not to adversely affect the health and safety of other council members or council employees (for example, bullying). Council members must also comply with any reasonable direction given by a responsible person in accordance with this section. This section is in addition to and does not limit the operation of the Work Health and Safety Act 2012. A failure by a council member to comply with these duties is considered ‘serious misbehaviour’ (under new section 262E) and is grounds for referral to the Behavioural Standards Panel. • Clause 126 — Inserts Chapter 13 Part A1 — Member behaviour—
5 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
o Division 1 — Sets out that councils are to deal with member behaviour and that complaints are to be dealt with under a council’s ‘behavioural management policy’. New section 262B sets out what must or may be in a council’s behavioural management policy and new section 262C sets out the actions that may be taken by a council in relation to a complaint. o Division 2 — Establishes the Behavioural Standards Panel (see new sections 262E– 262Y), including— . New section 262F — Provides that the Panel will consist of three members (with specified collective qualifications, knowledge, expertise and experience under section 262F(5)) appointed by the Governor with: • A member nominated jointly by the Minister and the LGA (Local Government Association of SA) to be the presiding member of the Panel; and • A member nominated by the Minister; and • A member nominated by the LGA. . New section 262N — The primary function of the Panel is to assess and deal with complaints referred to the Panel under Subdivision 3, which are complaints alleging ‘misbehaviour’, ‘repeated misbehaviour’ and ‘serious misbehaviour’ (these are defined under section 262E). . New section 262Q — Complaints may be referred to the Panel by resolution of the council; the principal member; at least three members of the council; and the Minister. Suspension
The Bill also clarifies what suspension means (see clause 146, which inserts Schedule 9) and introduces new processes and the ability for the suspension of council members at the council level in certain specified circumstances—
• Clause 33 — Provides that if a council member fails to submit a return (for the Register of Interests) to the chief executive officer before the expiration of 1 month from the end of the allowed period, the member is suspended from office. This suspension provision replaces the current process where a failure triggers a casual vacancy. • Clause 43 — Provides for the suspension of a council member who fails to comply with the prescribed mandatory requirements unless the member satisfies the chief executive officer that there were good reasons for the failure to comply. • Clause 44 — Provides the ability for the chief executive officer to suspend a council member who has an intervention order against them, where the protected person is another council member or a council employee. Health and safety duties
The Bill introduces new provisions into the Act (clause 39 — inserting a new section 75G) to clarify that council members must take reasonable care that their acts do not adversely affect the health and safety of other members or council employees. Members must also comply with reasonable directions that may be given to them by a responsible person to protect the health and safety of other members and employees.
6 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
The responsible person will be the principal member, the deputy principal member (or other member nominated by the council) or the chief executive officer, depending on who the reasonable direction should be given to.
These clauses have been included in response to a concern that councils lack some powers to give reasonable directions to members that may need to be made to protect the health and safety of other members and employees, given that members are not considered to be ‘workers’ under the Work Health and Safety Act 2012. The Bill is clear that these new powers do not limit the operation of this Act (new section 75G). Conflict of interest
The Bill amends the sections of the Act that set the conflict of interest rules for members. The current division between more significant, or ‘material’ conflicts (for which members are required to not participate in the matter) and less significant matters (for which members make their own decision on how best to deal with the interest) is kept, however, the current 3 different categories (material, actual and perceived) have been reduced to 2 (general and material)—refer clause 38.
All exemptions have been consolidated into one section. Presiding Member additional meeting management powers
Clause 48 of the Bill includes amendments to section 86 to provide an additional new power for the presiding member at council meeting to direct that a member—who is behaving in an improper or disorderly manner or causing an interruption or interrupting another member who is speaking—be excluded from the meeting room, for a period not exceeding 15 minutes. A matter must not be put to a vote while the member is excluded. Council employees
Chief Executive Officer
The Bill contains a number of changes to the employment and management of council chief executive officers (CEOs). Clause 60 of the Bill inserts a new role for the Remuneration Tribunal of South Australia to determine the minimum and maximum bands for the remuneration of chief executive officers. The Tribunal will do this with regard to any factor, as determined by the Remuneration Tribunal. This could include factors such as the size, the location and the level of growth of any council.
Clauses 57, 58 and 61 of the Bill amend sections 97 and 98, and inserts new section 102A, to require councils to receive and consider independent advice when appointing, undertaking performance management, and, if necessary, terminating its CEO.
Employees
Reflecting a long standing policy to have similar conduct schemes apply to both council members and employees, the Bill amends Chapter 7 Part 4 to deal with ‘Employee integrity and behaviour’ through a similar structure as it proposed for members – separating behaviour and integrity matters. The Bill does not provide for behavioural matters to be set in regulation, as per the current Code of Conduct for Council Employees, but allows councils to adopt ‘employee behavioural standards’ (clause 77 — inserting a new section 120A).
7 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
Integrity matters that employees must comply with will be in the Act. These include a number of matters that are already in the Act (such as the duty to protect confidential information) and other matters that are currently within the Code of Conduct (such as the proper management of gifts and benefits).
The Bill also increases the maximum penalties for council employee offences to $15 000 in line with similar offences for public sector employees under the Public Sector (Honesty and Accountability) Act 1995.
8 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
REFORM AREA 2 | LOWER COSTS AND ENHANCED FINANCIAL ACCOUNTABILITY
Rate monitoring system
The Bill introduces a rate monitoring system that will require all councils to receive, consider and publish independent advice on proposed changes to their general rate revenue each year from a designated authority.
The intent of this requirement is to provide and make public, independent advice on councils’ critical rating decisions and improve accountability and engagement with councils’ annual business plans.
Clause 79 amends section 123 of the Act which sets out the requirements for council annual business plans. The Bill inserts a new section 123(2)(ea) requiring the inclusion of the following matters in draft and adopted annual business plans—
(i) a statement on the change in total revenue from general rates for the financial year and, if an annual business plan sets out a growth component in relation to general rates, it may only relate to growth in the number of rateable properties (and must not relate to growth in the value of rateable properties); and (ii) an explanation of how the change is consistent with the council's long-term financial plan; and (iii) a summary of any other reasons for the change; and (iv) details of the impact of the change on average rates for each land use category (if relevant); and (v) the advice received from the designated authority under subsection (3a); and (vi) the council’s response to the advice, which must set out whether the change in total revenue from general rates is consistent with the advice and, if not, the reasons for the inconsistency.
In preparing a draft annual business plan (and before finalising the draft plan and undertaking consultation on it), councils must provide critical information to the designated authority by 31 December. This includes the proposed change in total revenue from general rates and the reasons for this proposed change, the council’s view of the impact of the proposed change on ratepayers, information as to whether consideration has been given to alternatives to the proposed change in total revenue from general rates, and information as to how the proposal is consistent with the council's long- term financial plan and infrastructure and asset management plan.
The Bill provides that the designated authority must provide advice to councils on the appropriateness of the proposed change in total revenue from general rates for the financial year compared to the previous financial year by no later than 31 March.
This advice must be included in draft and adopted annual business plans, together with the council’s response to the advice. Councils are not required to comply with the advice, however, the annual business plan must include an explanation of whether the change in total revenue from general rates is consistent with the advice and, if not, the reasons for the inconsistency.
9 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
If the designated authority is of the view that a council has not responded appropriately to its advice, it may report this to the Minister. The Minister may then consider making recommendations or a direction to the council on the basis of this advice.
Audit and Risk Committees
The value of audit committees is widely recognised in the local government sector. Many councils have taken additional steps, beyond those required by the Act, to improve the independence of audit committee members, and to expand the role of audit committees.
Clause 83 of the Bill therefore amends section 126 of the Act to expand the role of audit committees to a new role as ‘audit and risk committees’, consisting of a majority of independent members. The intention of these amendments is to provide better quality, independent advice to councils on a range of critical financial and risk management matters.
The Bill provides that the purpose of an audit and risk committee is to provide independent assurance and advice to the council on accounting, financial management, internal controls, risk management and governance matters.
Clause 83(6) sets out the expanded functions of an audit and risk committee, including —
(a) reviewing annual financial statements to ensure that they present fairly the state of affairs of the council; and (b) proposing, and providing information relevant to, a review of the council's strategic management plans or annual business plan; and (c) monitoring the responsiveness of the council to recommendations for improvement based on previous audits and risk assessments, including those raised by a council’s auditor; and (d) proposing, and reviewing, the exercise of powers under section 130A; and (e) liaising with the council's auditor in accordance with any requirements prescribed by the regulations; and (f) reviewing the adequacy of the accounting, internal control, reporting and other financial management systems and practices of the council on a regular basis; and (g) — (i) if the council has an internal audit function— (A) providing oversight of planning and scoping of the internal work plan; and (B) reviewing and commenting on reports provided by the person primarily responsible for the internal audit function at least on a quarterly basis; or (ii) if the council does not have an internal audit function, reviewing and commenting on an annual report provided by the chief executive officer in relation to the policies and processes adopted by the council to evaluate and improve the effectiveness of its internal control practices and procedures; and (h) reviewing and evaluating the effectiveness of policies, systems and procedures established and maintained for the identification, assessment, monitoring, management and review of strategic, financial and operational risks on a regular basis; and (i) reviewing any report obtained by the council under section 48(1); and (j) performing any other function determined by the council or prescribed by the regulations.
10 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
Given the expanded role of audit and risk committees, the Bill also prescribes the required skillsets, knowledge and experience for committee members (when considered as a whole), requires meetings to be held at least quarterly, and sets out reporting requirements to councils.
The Bill enables councils to establish regional audit and risk committees through the insertion of new section 126A, to ensure that this is available to councils who are of the view that a regional committee can be an effective and resource effective option.
The Bill also amends section 128 of the Act, by requiring councils to change audit firms at least every five years (rather than the current requirement to change auditors). Public and Finance Act
The Bill includes a number of amendments to the Public Finance and Audit Act 1987 (PFA Act) that relate to the activities that the Auditor-General can undertake in regard to councils and other local government bodies (refer Part 8).
Currently, under section 32 of the PFA Act, the Auditor-General can undertake an examination of a council’s accounts and the efficiency, economy and effectiveness of its activities. The Bill also allows for the Auditor-General to undertake a review, to allow for a less detailed and therefore lower resource impact activity. The Bill also enables the Auditor-General to audit the accounts of a council, effectively becoming a council’s auditor (clause 87 of the Bill amends section 129 of the Act to clarify that if this is the case, the relevant council auditor is not required to have provide an audit for that period).
The Bill does not change the way in which the Auditor-General undertakes these activities. They will continue to be as the Auditor-General deems advisable, or on the direction of the Treasurer or the Independent Commissioner Against Corruption. Basis of rating
Clause 93 removes the ability of councils under the current section 151(3) of the Act to use the site (unimproved) valuation of land as the basis of rating, to provide for a consistent approach across the State. If passed, it is expected that some time will elapse before this change would commence, given that the 7 councils that currently use site valuation as the basis of rating will need to make significant changes to their rating structures and policies.
11 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
REFORM AREA 3 | EFFICIENT AND TRANSPARENT LOCAL GOVERNMENT REPRESENTATION
Council representation
The Bill proposes two significant changes to council representation. The first of these (contained in clause 9) will require all councils to have no more than 12 elected members. It is proposed that these change will be progressed through representation reviews, given that it may also necessitate consideration other internal council representation structures, such as wards. Councils that undertake a representation review between the commencement of the section and 1 January 2022 will have the maximum number of members before the 2022 periodic elections. All other councils will make this change prior to the 2026 elections.
The Bill also proposes that all councils have a directly elected principal member, who will be called a mayor (clause 18). As with the change to elected member numbers, this change will occur through the representation review cycle. Supplementary elections
The Bill proposes a range of changes to supplementary elections to reduce the impact these can have on councils, particularly shortly before and after periodic elections.
Clause 139 of the Bill amends section 6 of the Local Government (Elections) Act 1999 (the Elections Act) so that a supplementary election will no longer need be held to fill a casual vacancy if the vacancy occurs within twelve months of the next periodic election or general election. Currently, a supplementary election does not need to be held to fill a casual vacancy if the vacancy occurs on or after 1 January of a year in which a periodic election is due to be held.
Clause 139 also provides that a supplementary election will not be held to fill a maximum of two casual vacancies if it arises in a council without wards which has a total of nine or more elected members.
Clause 140 inserts a new section 6A into the Elections Act, allowing the last excluded candidate at the most recent periodic election to be elected, if a vacancy arises within twelve months of this periodic election, and the candidate still meets the relevant eligibility criteria and they formally ‘accept’ the election within one month. This provision will not apply to the vacancy of a directly-elected principal member. Simplified nominations
Clause 146 of the Bill amends section 19A of the Elections Act so that ECSA will be responsible for the nominations process. ECSA will manage an online nomination process, and provide councils (and publish online) with a list of accepted nominations relevant to their council area within 24 hours after close of nominations (which will also be published online). Increased disclosure by candidates
One reform that has been discussed at length is a requirement for candidates to provide more information that is of interest to voters. It is intended that these requirements will be set in regulations,
12 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020 and will include an indication of whether the candidate is a resident of the council area (or ward) in which they have nominated (although this will not apply to candidates standing in City of Adelaide elections).
Candidates will also need to include the names of any political party, any body or association formed for political purposes of which the candidate is a member or has been a member within the past 12 months.
The Bill also proposes some changes to the declaration of campaign donations, to provide voters with a better opportunity to be aware of significant donations that have been received by candidates before the close of voting. The Bill inserts a new section 81A into the Elections Act to require candidates that have received ‘large gifts’ to provide a return with information about it within the ‘prescribed period’ (proposed to be 5 days). The Bill does not set the value of a large gift, but it is anticipated to be $2,500.
13 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
REFORM AREA 4 | SIMPLER REGULATION
Community engagement charter
Currently, section 50 of the Act requires all councils to have a community engagement policy that, at a minimum, must include publication of a notice and a period of 21 days for submissions to made for all matters where public consultation is prescribed. The Bill proposed to replace this approach with a new ‘Community Engagement Charter’, which will support a more modern, flexible approach to engagement (clause 17).
The Charter will relate to community consultation and participation with respect to any decision, activity or process where compliance with the charter is required by the Act. It will be published by the Minister (noting that the Minister is required to consult with the LGA before any publication proceeds).
It is anticipated that the Charter will set some minimum standards for more significant council tasks, such as the annual business plan, but will be largely focused on a ‘principles based approach’ to allow councils to determine the exact activities they will undertake to best engage with their communities on their business. This will also allow for a more flexible approach to the publication of notices. Information and briefing sessions
The Bill proposes to remove ‘informal gatherings and discussions’ from section 90 of the Act, and insert a new section 90A — ‘information sessions and briefings’ (clause 52). This responds to commonly heard concerns from councils that the current approach to ‘informal gatherings’ is overly prescriptive, and can be understood to prevent council members from discussing matters between themselves.
‘Information sessions and briefings’ are defined as any meetings held or arranged by the council or the CEO, inviting one or more council members, for the purposes of providing information or a briefing to attendees. This recognises that meetings arranged for council members to be better informed on matters of council business is a standard, and effective, tool to assist them to perform their role.
The Bill also removes the lengthy regulations that currently apply to ‘designated informal gatherings’, and the requirement for councils to have a policy that complies with these regulations. Councils will have more discretion as to whether to hold sessions in public or not.
However, the Bill retains the critical direction that these meetings should not replace decisions made at formal meetings of council, where debate and decisions take place in the open charter. To ensure this, new section 90A(3) requires information sessions and briefings that are being held to discuss matters that are, or are intended to be on a council meeting agenda, must be open to the public (unless there is a reason under section 90(3) for the matter to be discussed in confidence). Internal review of council decisions
Internal review of council decisions (or ‘section 270 reviews’ as they are known) are an important tool for members of the public to utilise if they wish to a council to review a decision. They provide confidence in council decisions and actions, and can assist councils to determine better and more effective administrative and decision making practices. However, while councils value them, there was feedback that some members of the public can misuse this tool, creating a costly administrative burden for councils.
14 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
The Bill (clause 135) therefore provides some changes to assist councils to better manage these requests. These will allow councils to decline to undertake a review if the decision was made more than six months prior; to decline if the matter has, or has substantially been dealt with in another process (such as a conduct investigation); and to charge a small fee for a request (anticipated to be in the order of $20). Community land revocation
Currently, councils must apply for the approval of the Minister before they make a decision to revoke the community land status of any community land. While this degree of oversight may be appropriate for significant changes, it can be excessive for small pieces of land that often have limited future uses.
The Bill therefore proposes to establish two ‘categories’ of community land for the purposes of the revocation process. The Minister’s approval will only be necessary where the land is—
• the land is owned by the Crown or an agency or instrumentality of the Crown (or adjoins such land) • the council knows, or should reasonably know, that State Government financial assistance was given to the council to acquire or improve the land • the land is used as a community space, and the council proposes to sell or dispose of the land.
All other community land may have its status removed simply by a council resolution, after following the steps laid out in the legislation.
Clause 102 of the Bill contains these changes. Simplification of registers
The intention of this reform is to compile all council members’ registers of interest into one, simple plain English form, which is then published on the council website. This removes the current requirement for councils to maintain one return with all details (for provision on request) and another, shorter return, for publication online. However, council members’ principal residential address will not be published online, for safety reasons. Simplification of council publications
There are many provisions scattered through the Act that require councils to publish material online, to have material available at the council office for inspection, or for provision of copies on request. These provisions will be replaced with a single list of all council documents that must be published online in Schedule 5 of the Act. Councils will not be required to have any documents available for inspection, but must make copies available on request (and may charge a fee for these copies).
15 Explanatory Paper—Statutes Amendment (Local Government Review) Bill 2020
FURTHER INFORMATION For more information please contact— Office of Local Government Level 3, 77 Grenfell Street Adelaide SA 5000 GPO Box 1533 Adelaide SA 5001 Telephone (08) 7109 7145 Web site: www.dpti.sa.gov.au/local_govt
16
11 July 2020
Dear Trevor,
Re: Local Government Review Bill 2020
After having gone through the document I have the following observations for yours and councils consideration.
80A Are SA Parliament representative required undertaking mandatory training?
80B Suspending a Councillor – may be this should include the discretion of the “other” elected members.
122. Long Term Financial Planning
10 years is more than 2 council terms. A great deal can change in 10 years. How flexible would the plan be? Would future councils be bound to the previously created 10 year Financial Plan? Could be problematic?
123. Rate Capping
We do not want rate capping in any form.
125. Removing more power from Local Council.
Marked Up Attachment (340 kB)
Part 4
14
(1) (a)
(a-b)
Sub clauses (i) (ii) (iii)
(i) - does not specify Australian Citizen.
(b) Corporate may apply to CEO to be on roll
- We are trying to eliminate the requirement or the body corporate to reenrol prior to each Council election.
(5a) Voters Roll prepared after Jan 1 each year.
- refer above remarks – re enrolling.
(15) Candidates to pay for a copy of the voters roll
- given it is not a printed version, it should be free of charge.
Part 6 DW 1 Entitled to stand for election
(1)
(a) Provided he is an Australian Citizen
- excellent grounds to be only entitled to vote if you are an Australian Citizen.
NARACOORTE LUCINDALE COUNCIL
STATEMENT OF PURPOSE LUCINDALE MASTERPLAN CENTENARY PARK WORKING GROUP
PURPOSE To provide collective advice and reports to the Strategic Asset Management Committee on: • planning and implementation stages of Centenary Park, Lucindale, as outlined at Item 8.7 and Concept Plan 8L within the adopted Lucindale Township Masterplan.; and • advice and consideration as to placement of Wayfinding Signage Phases 1 & 2 as outlined within the adopted Lucindale Masterplan, at Item 8.4 and Concept Plans 8F & 8G • advice and consideration as to design of Main Street Precinct, as outlined at Item 8.6 and Concept Plan 8K
Considerations should include • Existing infrastructure and facilities • Vegetation management and development • New or modified infrastructure requirements • Usability by general public, tourists, families, etc • tourism and economic benefits • Parking • Council has adopted its 2020/21 Budget which includes: $90,000 for Centenary Park; $15,000 for Wayfinding Signage Phase 1
Consideration will always be based on the Masterplan Design Concepts, as this reflects the outcomes of the Masterplan engagement with the Lucindale Community.
MEMBERS The Working Group will comprise up to six (6) members as follows:
Up to three (3) Elected Members and Up to three (3) Lucindale Community Members (preferably resident within Lucindale Township and/or surrounds).
MEETINGS The Centenary Park Working Group will meet as often as required based on needs and will be held at dates and times determined by the Working Group.
Meetings will be held at the Lucindale Council Office and on-site at Centenary Park, or such other locations as may be decided from time to time.
ADMINISTRATIVE RESOURCES The Chief Executive Officer will provide sufficient administrative resources to the Working Group to enable it to adequately carry out its purpose.
The Chief Executive Officer (or his delegate) will schedule Working Group Meetings, and facilitate
July 2020 Version Page 1 those Meetings.
REPORTING REQUIREMENTS Meeting notes will be taken reflecting items discussed by the Working Group.
Following each meeting of the Working Group, the notes will be presented to the next Strategic Asset Management Committee meeting.
The Working Group will inform Council, of the development of any special risk arising from the performance of its purpose (in accordance with the Rules of the LGA Mutual Liability Scheme).
CONFLICT OF INTEREST As required by section 75B of the Local Government Act members of the Working Group will comply with the conflict of interest provisions contained in Chapter 5, Part 4, Division 3 of the Local Government Act, 1999.
STATUS The Working Group will remain in operation for such time as determined by the Naracoorte Lucindale Council.
It is acknowledged that the Working Group is formed for the purposes of project planning, and as such, the Working Group will be disbanded once project planning is complete.
CODE OF CONDUCT Members of the Working Group will act in accordance with the Council's Code of Conduct pursuant to the provisions of Sections 62 and 63 of the Local Government Act, 1999.
OTHER Council volunteers are required to observe Work, Health and Safety policies and procedures adopted by Council, and to take all precautions to ensure that activities are undertaken in a safe working environment and using safe plant and equipment.
ADOPTION AND AMENDMENT HISTORY
Date Authorised by Minute Reference July 2020 Council
July 2020 Version Page 2 30th June 2020
Naracoorte Lucindale Council
Dear Mayor Erika, CEO Trevor and councillors,
We the ratepayers and businesses listed below, write requesting the removal of two loading zone parks outside 146 & 148 Smith Street Naracoorte. With the changing street scene in this section of Smith Street, the following business and ratepayers have agreed, these loading zones are superfluous to their needs.
We hereby request these two parking space be changed to general parking at your earliest convenience, thereby bringing two more much needed general parking spaces to Smith street, and allowing more access to businesses any hour of the day.
On contacting all Naracoorte couriers, they themselves agreed 100%, the existing two loading zones were totally useless and unused by them. However the couriers have suggested these two loading zones be replaced with at least one new loading zone located just around the corner from Smith Street in McRae Street which is less used today and gives easy access to both Trends and Attwood shoes who rely heavily on courier deliveries.
All other businesses that have deliveries to their rear from Robertson Street advised that they were happy with existing procedures.
Hopefully council will agree with us business owners and ratepayers that it is imperitive we achieve more foot trafic in Smith Street so we can prosper and entice other businesses to start filling up the empty premises in Smith Street.
Please also provide expiation the fee for parking illegally in these parks, and revenue raised from parking fines from these two sites From January 1st 2020 to June 30th 2020. 150 Smith Street Hafeez Ulla Pearl Indian restaurant 148 Smith Street Peter Flavel Dance Studio 144 Smith Street Annette Smith Hairdresser 142 Smith Street Pam Selig Hairdresser 124/140 Smith Street Vacant building 122 Smith Street Bill Morris Morris Bakerey 118 Smith Street Clay Southern Naracoorte Newsagency 116 Smith Street Angela Leech Heard Bros 110 Smith Street. David Steadman Naracoorte Terry White Chemmart. 108 Smith Street Joy Williamson Joys Florist 106 Smith Street Richard Peake & Judy Barton 100 Smith Street Discount pharmacy 90 Smith Street David & Mandy Barr ASI Outdoors For and on behalf of the above Peter Flavel PO Box 770 Naracoorte. 0428 838 454 YTD Actuals Status Adopted Endorsed Current External Contribution (excl. Synergy GL Project Name From To % renewal 30.6.2020 EOY forecast Project Description (Practical 2019/20 Budget 2019/20 Budget GST) Completion)
SEALED ROAD CAPITAL Proposed Budget $ 3,600,000 CONSTRUCTION
High Street, Frances Border Town Border 75% $ 200,000 $ 138,246 $ 138,246 $ 138,246 Investigate options to stabilise and level road. AADT 66 (2017) Complete 720532 Road - correction layer Full reconstruction. Kerbing and pavement. Upgrade of existing drainage McCoy Street / Livingston Street - Butler Tce Smith St 100% $ 1,200,000 $ 1,190,000 $ 1,180,730 $ 1,190,000 $ 47,000 infrastructure from Butler Terrace to the Creek. Includes kerb Complete Stage 2 Road 720513 replacement on Handyside Street. Jayod payment of $47,000 Tonkin design to infill drainage swale and kerb roadway. AADT 893 $ 1,300,000 $ 1,300,000 $ 1,112,879 $ 1,300,000 $ 650,000 Complete 720529 Old Caves Rd Arthur St Sunrise 75% (2016). SLRP project. Total Estimate Cost: $1,250,000 Sealed Road reconstruction including streetscape improvement inline with PLEC requirements and Stage 2 Robertson St. Includes Jones Street $ 900,000 $ 923,000 $ 893,483 $ 923,000 Complete intersection and Jones St to Smith St. Includes Bank SA footpath to 720517 Robertson St, Naracoorte Jones Street McRae Street 75% redcue slope of footpath and improve accessibility 720524 Ormerod Street $ - $ 5,000 $ 5,000 $ 5,000 Complete
$ 3,600,000 $ 3,556,246 $ 3,330,338 $ 3,556,246 $ 697,000 Variance 43,754 - UNSEALED ROAD CAPITAL Proposed Budget $ 370,000 CONSTRUCTION
Unsealed road in township. Part of plan to seal unsealed roads in Fern Street Creek Moore St 75% $ 220,000 $ 195,000 $ 189,621 $ 195,000 Complete 760902 Naracoorte township. Tonkin design and estimate Repeater Station Road - Wild Dog Valley Road has high traffic volumes and deteriorates every year. Design for a $ 50,000 $ 50,000 $ 49,776 $ 50,000 Complete 760920 DESIGN Road Highway 50% sealed road AADT 166 (2106) Straighten road over rail line, remove rail line, will require native veg Wrights Road End of Seal Mount MacIntosh 75% $ 100,000 $ 100,000 $ 100,906 $ 100,000 Complete 760921 approval. To reduce maintenance burden
$ 370,000 $ 345,000 $ 340,303 $ 345,000 $ - Variance - 25,000 -
CAPITAL UNSEALED ROAD RESHEET Proposed Budget $ 2,089,200 Balance of Budget - Loose material and moderate potholing. Low spots which flood. Table Complete 700002 Chapples Road Cadgee Road Locks Road 100% 30,000 $ 19,542 30,000 drains need forming when road resheeted 2km from Complete 700061 Conricks Road Avenue Road End 100% 100,000 $ 97,873 100,000 Gurmackamuck Road Conkar Road Mueckes Road $ 105,000 $ 162,000 $ 161,695 $ 162,000 Road surface breaking up because of lack of material and poor sub base. Complete 700012 100% Riddoch Hoods Lane 5 kms west $ 200,000 $ 154,000 $ 153,144 $ 154,000 Road surface breaking up because of lack of material and poor sub base. Complete 700054 Highway 100% 700014 James Rd 6km 10km 100% $ 250,000 $ 188,000 $ 199,035 $ 188,000 very thin in places - identified on grader sheets May 2016 Complete 700055 Kerewong Road Fellwood Road Drain K 100% $ 52,000 $ - $ - $ - Resheet identified from Fellwood Road to Johnsons Road Withdrawn Carol Side Laurie Park Road White Malones Rd $ 104,000 $ 94,000 $ 93,056 $ 94,000 1.3km resheet Complete 700016 Bridge 100% Lobbans Road Miles Road Hynam Caves Road $ 120,000 $ 100,000 $ 84,579 $ 100,000 Investigation required - can reduce to 5m - maintain 7m to vineyard. Complete 700056 100% 700057 Nilans Lane Crooked Lane Moyhall Rd 100% $ 100,000 $ 80,000 $ 79,824 $ 80,000 Poor material, needs good spray, culvert needs to be replaced. Complete 3.7kms East of Major pavement failure in places. Heavily used. 150mm depth. Patch Robertson Hundred Line Moyhall Rd $ 200,000 $ 87,000 $ 86,733 $ 87,000 Complete 700022 Moyhall 100% worst areas in 12-13 & 17-18. Bypass road for Moyhall Rd. Loose material and moderate potholing. Low spots which flood. Table Rochow Wrays Rd Lawrie Park Rd Schultzs Rd $ 200,000 $ 183,000 $ 182,842 $ 183,000 Complete 700032 100% drains need forming when road resheeted 1km from Mill Schinckel Road 2km from Mill Road $ 25,000 $ 19,722 $ 25,000 Pot holes, rip and relay Complete 700062 Road 100% Rochow Wrays Schultz Road Miles Road $ 250,000 $ 256,158 $ 256,916 $ 256,158 Complete 700058 Road 100% 700063 Settlers Road full length 100% $ - $ - bring shoulders in Complete 4.1km west of 6.1km west of Tresant Rd $ 133,200 $ - $ - $ - Withdrawn Lochaber South Lochaber 700033 100% 700064 Washpool Road full length 100% $ 25,000 $ 20,569 $ 25,000 Complete Old Kingston resheet needed from Old Kingston Road to Thompsons Road - Needs Welcomes Road Messamurray Road $ 130,000 $ 75,000 $ 77,073 $ 75,000 Complete 700059 road 100% realign through corners. Avenue Range Resheet AADT 10 (2008) From Avenue Range Road to West Avenue West Avenue Extension 3.8km South $ 200,000 $ 166,000 $ 165,282 $ 166,000 Complete 700060 Road 100% Road Approx. 10.5kms 700023 White Malones Rd 1km Marker 2km Marker 100% $ 45,000 $ - $ - $ - completed 2018/19 Complete
$ 2,089,200 $ 1,725,158 $ 1,697,885 $ 1,725,158 $ - Variance - 364,042 - YTD Actuals Status Adopted Endorsed Current External Contribution (excl. Synergy GL Project Name From To % renewal 30.6.2020 EOY forecast Project Description (Practical 2019/20 Budget 2019/20 Budget GST) Completion)
CAPITAL SEALED ROAD RESEALS Proposed Budget $ 700,000 Balance of Budget 15,096 680152 Ash Grove Gum Ave Oak Ave 100% $ 22,080 $ 22,080 $ - Satisfactory seal Withdrawn Aged surface, cracking and stripping. Program to seal Lucindale 680153 Banksia Street Hakea St Fergusson Rd 100% $ 30,400 $ 30,400 $ 15,814 $ 15,797.52 Complete Township to reduce establishment costs. Resealing surface Aged surface, cracking and stripping. Program to seal Lucindale 680154 Bowling Club Road Roach Rd Fergusson Rd 100% $ 23,800 $ 23,800 $ 11,559 $ 11,559.13 Complete Township to reduce establishment costs. Resealing surface Aged seal, some cracking. Program to seal Kybybolite Township to 680155 Bradley Ave, Kyby Railway Terrace East Terrace 100% $ 14,880 $ 14,880 $ 10,067 $ 9,188.31 Complete reduce establishment costs. Resealing surface Aged surface, cracking and stripping. Program to seal Lucindale 680156 Centenary Ave Gum Ave West Terrace 100% $ 28,160 $ 28,160 $ 17,615 $ 17,615.47 Complete Township to reduce establishment costs. Resealing surface Aged surface, cracking and stripping. Resealing surface. May require 680157 Conmurra Road Legges Lane ~8 km south 100% $ 200,000 $ 200,000 $ 105,956 $ 105,956.30 areas for asphalt correction layer Possible 10mm Crumb Rubber seal. Complete Decision to be made after road inspection Aged seal, some cracking. Program to seal Kybybolite Township to 680158 East Terrace, Kyby Angus Street Bradley Avenue 100% $ 15,960 $ 15,960 $ 10,782 $ 10,782.45 Complete reduce establishment costs. Resealing surface Aged surface, cracking and stripping. Program to seal Lucindale 680159 Elm Street Musgrave Ave Urrbrae Ave 100% $ 11,000 $ 11,000 $ 5,213 $ 5,212.56 Complete Township to reduce establishment costs. Resealing surface Country Club Aged surface, cracking and stripping. Program to seal Lucindale 680150 Fairview Road 80Km/h Sign 100% $ 50,400 $ 50,400 $ 28,599 $ 28,599.03 Complete Rd Township to reduce establishment costs. Resealing surface Bowling Club Aged surface, cracking and stripping. Program to seal Lucindale 680160 Fergusson Road End of Seal 100% $ 10,000 $ 10,000 $ 5,340 $ 5,339.84 Complete Road Township to reduce establishment costs. Resealing surface 680112 Hynam Caves Road $ 87,120 $ 87,120.24 failing surface Complete Aged seal, some cracking. Program to seal Kybybolite Township to 680161 Johnson St, Kyby Angus Street Bradley Avenue 100% $ 16,520 $ 16,520 $ 11,428 $ 11,427.93 Complete reduce establishment costs. Resealing surface Aged seal, some cracking. Program to seal Kybybolite Township to 680162 Kiddle Street, Kyby Railway Terrace East Terrace 100% $ 15,000 $ 15,000 $ 8,822 $ 8,821.56 Complete reduce establishment costs. Resealing surface 680163 Lacey Drive Angus St Bradley St 100% $ 16,000 $ 16,000 $ 8,283 $ 7,940 Complete Aged Seal. Program to seal Lucindale Township to reduce establishment 680164 Loechel Road Roach Rd End of Seal 100% $ 3,500 $ 3,500 $ 2,571 $ 2,571 Complete costs. Resealing surface 680165 Oak Ave Park Drive Centenary Ave 100% $ 27,400 $ 27,400 $ - $ - Satisfactory seal Withdrawn Aged surface. Program to seal Lucindale Township to reduce 680166 Park Drive, Lucindale Gum Ave Oak Ave 100% $ 17,600 $ 17,600 $ 8,832 $ 8,832 Complete establishment costs. Resealing surface Aged surface. Program to seal Lucindale Township to reduce 680176 Park Terrace $ 3,299 $ 3,299 Complete establishment costs. Resealing surface 680167 Plane Street Gum Ave Oak Ave 100% $ 20,000 $ 20,000 $ - Satisfactory seal Withdrawn $ - Aged seal. Program to seal Lucindale Township to reduce establishment 680168 Railway Terrace, Lucindale Gum Ave end of seal 100% $ 27,000 $ 27,000 $ 16,563 $ 16,563 Complete costs. Resealing surface Aged seal, minor cracking. Program to seal Lucindale Township to reduce 680169 Roach Road East End of seal 960m west 100% $ 50,000 $ 50,000 $ 28,596 $ 28,596 Complete establishment costs. Resealing surface Aged seal, minor cracking. Program to seal Lucindale Township to reduce 680170 Roach Road West Gum Ave Change of seal 100% $ 22,700 $ 22,700 $ 12,756 $ 12,756 Complete establishment costs. Resealing surface 680171 Roberts St Freeling St End 100% $ 7,500 $ 7,500 $ 4,675 $ 4,675 Aged seal starting to crack and strip. Resealing surface Complete Aged seal. Program to seal Lucindale Township to reduce establishment 680172 Sheoak Grove East Wattle drive Gum Avenue 100% $ 5,600 $ 5,600 $ 3,594 $ 3,594 Complete costs. Resealing surface 9.6km south Reid Road/ Lucindale Rd/ 680146 Spence-Coles Road 20.4km south $ 238,343 $ 238,343 seal breaking up, heavy vehicle use with timber harvesting Complete 22.6km south of Lucindale Rd Lucindale Rd Wattle Drive Aged seal, minor cracking. Program to seal Lucindale Township to reduce 680173 Urrbrae Ave End of seal 100% $ 32,000 $ 32,000 $ 21,630 $ 21,630 Complete West establishment costs. Resealing surface Aged seal, minor cracking, stripping, near end of life. Program to seal 680174 Watson Ave Fairview Road end of road 100% $ 12,500 $ 12,500 $ 7,162 $ 7,162 Complete Lucindale Township to reduce establishment costs. Resealing surface Aged seal, minor cracking. Program to seal Lucindale Township to reduce 680175 Wattle Drive Railway Terrace Sheoak Grove 100% $ 20,000 $ 20,000 $ 11,523 $ 11,523 Complete establishment costs. Resealing surface
$ 700,000 $ 700,000 $ 686,142 $ 700,000 $ - Variance - - -
CAPITAL FOOTPATHS Proposed Budget $ 210,000 Major connector taking people to the hospital and also provides a pedestrian link to the Naracoorte High School, in accordance with the 780027 Butler Tce Jenkins Tce Gordon St 0% $ 100,000 $ 115,000 $ 112,922 $ 115,000 Complete Footpath Hierarchy. Footpath will run on the Northern side of Butler Tce and will require tree removals and levelling of front yards. YTD Actuals Status Adopted Endorsed Current External Contribution (excl. Synergy GL Project Name From To % renewal 30.6.2020 EOY forecast Project Description (Practical 2019/20 Budget 2019/20 Budget GST) Completion)
Sub-arterial road with no footpath at present. Major connector to hospital, 780028 Jenkins Tce Butler Tce 170m South 0% $ 40,000 $ 46,000 $ 45,345 $ 46,000 Complete new specialist centre, and town Replacement of old aged seal with pavers to continue CBD upgrades. 780020 Smith Street 162 Smith St Jones St 100% $ 70,000 $ 50,000 $ 40,479 $ 50,000 Complete Will require kerb and driveway replacement
$ 210,000 $ 211,000 $ 198,746 $ 211,000 $ - Variance - - 1,000 -
CAPITAL INTERSECTIONS Proposed Budget $ 430,000 Bournes Road and Bool Lagoon 660017 50% $ 80,000 $ 75,199 $ 75,199 $ 75,199 Widen for B-doubles. Complete Road Realign intersection. Council receives multiple complaints about the 660015 Cooee Rd/Mill Rd/Shepherds Rd 100% $ 100,000 $ 100,000 $ 6,699 $ 100,000 $ 50,000 On Hold condition of this intersection. In partnership with DPTI Junction is located on a large curve along Langkoop Road. Schultzs Road meets the northern approach of Langkoop Road in almost a straight 660018 Langkoop Rd and Schultzs Rd 50% $ 250,000 $ - $ 580 $ - $ - Withdrawn line increasing the potential for a high speed crash. Realignment of intersection subject to external funding
$ 430,000 $ 175,199 $ 82,478 $ 175,199 $ 50,000 Variance - 254,801 -
CAPITAL KERB AND WATERTABLE Proposed Budget $ 130,000 Installation of kerbing of improve stormwater drainage. Include kerbing up 640206 Cedar Avenue Schinckel Road end of housing 0% $ 100,000 $ 10,000 $ 8,177 $ 10,000 Withdrawn Schnickel to NRM building to reduce slitting up of SEPs. 640222 Laurie Crescent Jones Street 5 Laurie Crescent 100% $ 30,000 $ 40,000 $ 18,182 $ 40,000 Replace poor kerbing Complete
$ 130,000 $ 50,000 $ 26,359 $ 50,000 $ - Variance - 80,000 -
CAPITAL STORMWATER DRAINAGE Proposed Budget $ 50,000 Illawarra, Guernsey, Jersey Design of Tonkins Drainage Study to capture these streets and direct to 740017 0% $ 50,000 $ - $ - $ - Withdrawn Streets - DESIGN Old Caves Road Drain
$ 50,000 $ - $ - $ - $ - Variance - 50,000 - BRIDGES AND MAJOR CAPITAL Proposed Budget $ 700,000 CULVERTS
Rural Culvert Replacement $ - $ 60,000 $ 51,522 $ 60,000 Complete 620101 100% Cadgee Road Bridge & Wild Dog Valley Carry out stabilisation works to the bank based design works provided by Naracoorte Creek Bank Cadgee Rd $ 200,000 $ 135,000 $ 123,771 $ 135,000 Complete Road Australian Water Environments, also carry out works to Cadgee Bridge Stabilisation 620103 0% Morambro Creek Crossing - Very narrow bridge, approximately 5.2m. Requires widening to make safer for increased traffic flows. Inspection $ 300,000 $ 420,000 $ 259,789 $ 420,000 Report on Road File in o:\ completed by DPTI in October 2016. May be Complete eligible for grant funding through Bridge Replacement Program or 620110 Grubbed Road - Construction 100% HVSPP.
Multiple culverts near Mullinger Swamp outflow. Narrow culverts, $ 200,000 $ 80,000 $ 61,041 $ 80,000 Complete insufficient flow. Requires consultation with NRM and Drainage Board 620112 Jessie Road, Kyby 100%
$ 26,000 $ 24,817 $ 26,000 Complete 620113 Walkington Hills 100%
$ 700,000 $ 721,000 $ 520,940 $ 721,000 $ - Variance - - 21,000 -
CAPITAL SWIMMING LAKE Proposed Budget $ 103,500 Swimming lake Chlorine Shed Upgrade of the chlorine shed to meet WHS requirements in regards to 880002 100% $ 100,000 $ 65,000 $ 65,711 $ 65,000 Complete Upgrade chlorine drum movements 880030 Swimming Lake Canteen Fitout 100% $ 3,500 $ 3,500 $ 3,315 $ 3,500 Replace Airconditioner Complete Swimming Lake Security $ - $ 47,000 $ 39,052 $ 47,000 Complete 880031 Cameras YTD Actuals Status Adopted Endorsed Current External Contribution (excl. Synergy GL Project Name From To % renewal 30.6.2020 EOY forecast Project Description (Practical 2019/20 Budget 2019/20 Budget GST) Completion)
880020 Swimming Lake Lights $ - $ 20,000 $ 19,938 $ 20,000 Complete $ 103,500 $ 135,500 $ 128,016 $ 135,500 $ - Variance - - 32,000 -
COMMUNITY WASTEWATER CAPITAL MANAGEMENT SCHEMES Proposed Budget $ - (CWMS)
$ - - - $ - Variance - - - NARACOORTE REGIONAL CAPITAL LIVESTOCK EXCHANGE Proposed Budget $ 637,000 (NRLE) 860005 IT Capital - NRLE $ 7,000 $ 7,000 $ 10,141 $ 7,000 $ - Complete 860052 NRLE Cattle Selling Pens 100% $ 550,000 $ 550,000 $ 1,078,845 $ 550,000 $ - Stage 1 Complete 860052 NRLE Cattle Selling Pens 100% $ - $ 390,000 $ - $ 390,000 Stage 2 On Target 860056 Truckwash upgrades $ 80,000 $ 80,000 $ - $ 80,000 Slipping 860020 NRLE - Plant & Equipment $ - $ 6,300 $ 26,482 $ 6,300 Complete $ 637,000 $ 1,033,300 $ 1,115,468 $ 1,033,300 $ - Variance - - 396,300 -
CAPITAL AERODROMES Proposed Budget $ 100,000 600057 Lighting Replacement 100% $ 100,000 $ 132,000 $ 127,801 $ 132,000 $ 66,000 Lighting is aged and is nearing end of life. Replace with LED lighting. Slipping
$ 100,000 $ 132,000 $ 127,801 $ 132,000 $ 66,000 Variance $ - - 32,000 $ -
CAPITAL CEMETERIES Proposed Budget $ 200,000
Cemetery extension and design 540194 0% $ 200,000 $ 230,057 $ 230,057 $ 230,057 Continue future plot extension and design landscaped area between the Complete of separation zone landscaping two burial areas. 540170 Site - Cemetery (L) $ 3,000 $ 2,943 $ 3,000 Cemetery Inserts Complete 540190 Site - Cemetery (N) $ 3,000 $ 2,915 $ 3,000 Cemetery Inserts Complete
$ 200,000 $ 236,057 $ 235,915 $ 236,057 $ - Variance $ - - 36,057 $ -
CAPITAL P&G, SPORT & RECREATION Proposed Budget $ 390,000 540502 Bin surround installation 100% $ 50,000 $ 50,000 $ 5,410 $ 50,000 Install waste and recycling bins in open spaces On Hold 540544 Caves Trail Plan 0% $ 50,000 $ - $ 2,850 $ - Implement Caves Trail plan Withdrawn Market Square Playground - Replacement of deteriorated surfacing to improve access to the 540496 100% $ 100,000 $ 100,000 $ 17,264 $ 100,000 Complete Surfacing playground area 540503 Memorial Parklands Path All paths 100% $ 50,000 $ 25,134 $ 25,344 $ 25,134 Reinstatement of footpath network Complete Install second shade sail over playground, consolidate picnic settings, 540442 Musgrave Avenue Playground 0% $ 40,000 $ 14,618 $ 21,520 $ 14,618 Complete replace irrigation pump and link existing paths 540543 Naracoorte to Caves Bike Path 0% $ 100,000 $ 50,000 $ 49,110 $ 50,000 Establish a bike path to Naracoorte Caves from Haynes Edwards Rd to Complete Michaels Road. Will only proceed if grant funded is attracted. 540541 Lucindale Oval 100% $ 25,000 $ 28,119 $ 25,000 bore replacement Complete
$ 390,000 $ 264,752 $ 149,617 $ 264,752 $ - Variance - 125,248 -
CAPITAL SITE IMPROVEMENTS Proposed Budget $ 114,000 Community Engagement - 540462 0% $ 15,000 $ 15,000 $ 21,547 $ 15,000 Complete Boundary Signs Community Engagement - 540463 0% $ 25,000 $ 25,000 $ 16,735 $ 25,000 On Target Flagtrax System 540219 Frances Masterplan $ 30,000 $ 30,000 $ - $ 30,000 On Hold 540320 Heritage Signs 0% $ 20,000 $ 20,000 $ 6,603 $ 20,000 Withdrawn 540448 Storyboard Project 0% $ 12,000 $ 12,000 $ 9,355 $ 12,000 Complete 540630 Carter's Road House 100% $ - $ 2,626 $ 3,454 $ 2,626 Complete 540681 Bus Shelter 0% $ 12,000 $ 13,000 $ 12,538 $ 13,000 Complete 540670 Depot (N) - Fire safety pump $ 24,400 $ 30,170 $ 24,400 Complete 540030 Office (N) - pump $ 2,957 $ 114,000 $ 142,026 $ 103,359 $ 142,026 $ - Variance - - 28,026 - YTD Actuals Status Adopted Endorsed Current External Contribution (excl. Synergy GL Project Name From To % renewal 30.6.2020 EOY forecast Project Description (Practical 2019/20 Budget 2019/20 Budget GST) Completion)
CAPITAL BUILDINGS Proposed Budget $ 374,000 515070 Town Hall [L] $ 19,000 $ 19,000 $ 11,680 $ 19,000 Complete 515090 Town Hall [N] $ 163,000 $ 186,200 $ 174,823 $ 186,200 Complete Harry Tregoweth Retirement 515130 $ 7,000 $ 7,000 $ - $ 7,000 Complete Village 515230 Public Conveniences - CBD [N] $ 80,000 $ 80,000 $ 75,320 $ 80,000 Complete 515350 Art Gallery $ 30,000 $ 30,000 $ 17,227 $ 30,000 Complete 515670 Depot [N] $ 75,000 $ 75,000 $ 71,971 $ 75,000 Complete 515330 Library - Building Purchase $ - $ 618,106 $ 627,938 $ 618,106 Complete
$ 374,000 $ 1,015,306 $ 978,959 $ 1,015,306 $ - Variance - - 641,306 -
CAPITAL FLEET, PLANT & MACHINERY Proposed Budget $ 1,191,000
570010 Fleet Capital - Assigned Vehicles $ 99,000 $ 99,000 $ 57,699 $ 99,000 Complete 570070 Fleet Capital - Utilities $ 82,000 $ 82,000 $ 23,051 $ 82,000 Complete 560650 Minor Plant - Depot [L] $ - $ 3,000 $ 2,662 $ 3,000 Complete 560670 Minor Plant - Depot [N] $ - $ 9,500 $ 29,016 $ 9,500 Complete 570030 Major Plant $ 1,010,000 $ 610,000 $ 511,637 $ 610,000 Complete $ 1,191,000 $ 803,500 $ 624,065 $ 803,500 $ - Variance - 387,500 -
CAPITAL FURNITURE & EQUIPMENT Proposed Budget $ 105,780 525002 IT Capital - Servers & Network $ 18,600 $ 18,600 $ 30,512 $ 18,600 Complete IT Capital - Wireless 525004 $ 11,300 $ 25,300 $ 23,821 $ 25,300 Complete Infrastructure 525035 IT Capital - Office [N] $ 17,200 $ 17,200 $ 66,125 $ 17,200 Complete IT Capital - Volunteer 525720 $ 1,400 $ 1,400 $ 1,220 $ 1,400 Complete Management Program 525335 IT Capital - Library $ 9,180 $ 9,180 $ 4,772 $ 9,180 Complete IT Capital - Visitor Information 525595 $ 800 $ 800 $ - $ 800 Complete Centre 525655 IT Capital - Depot [L] $ 1,499 $ 1,500 Complete 525675 IT Capital - Depot [N] $ 6,700 $ 6,700 $ 6,547 $ 5,200 Complete 525090 F&E - Town Hall [N] $ 12,000 $ 12,000 $ - $ 12,000 Complete 525330 F&E - Library $ 2,100 $ 2,100 $ 1,741 $ 2,100 Complete
850010 Library Books - Local Purchases $ 4,000 $ 4,000 $ 1,808 $ 4,000 $ 4,000 Complete
850020 Library Books - Library Services $ 22,500 $ 22,500 $ - $ 22,500 $ 22,500 Complete
$ 105,780 $ 119,780 $ 138,045 $ 119,780 $ 26,500 Variance - - 14,000 -
OPERATIONAL P&G, SPORT & RECREATION Proposed Budget $ 175,000 Lucindale Rose Bed 241478 0% $ 10,000 $ 716 $ 716 $ 716 Complete Replacement Replace 40 roses which have reached their serviceable life 241479 Market Square garden bed 0% $ 10,000 $ - $ - $ - Replace garden beds Withdrawn 241480 Memorial Parklands 0% $ 50,000 $ 40,000 $ - $ 40,000 Replace pines and weed species with avenue planting Complete Naracoorte Town Square Lawn Improve town square lawn sections to correct high PH readings and level 241476 0% $ 50,000 $ 7,000 $ 6,428 $ 7,000 Complete Renovation out subsidence Replace existing raised bed plantings with crepe myrtles and carpet roses 241481 Smith Street Plantings 0% $ 30,000 $ 20,000 $ 10,570 $ 20,000 Slipping as per BWG recommendation. Remove poplars and pines and replace avenue as per BWG 241357 Town Entrance (Southern Entry) 0% $ 25,000 $ 25,000 $ 3,940 $ 25,000 Complete recommendation $ 175,000 $ 92,716 $ 21,654 $ 92,716 $ - Variance - 82,284 -
OPERATIONAL WASTE TRANSFER STATIONS Proposed Budget $ 10,000 184290 Rehabilitation of landfill 0% $ 10,000 $ 3,000 $ 3,170 $ 4,000 planting of native grasses as per landfill closure plan Complete
$ 10,000 $ 3,000 $ 3,170 $ 4,000 $ - Variance - 7,000 - 1,000 YTD Actuals Status Adopted Endorsed Current External Contribution (excl. Synergy GL Project Name From To % renewal 30.6.2020 EOY forecast Project Description (Practical 2019/20 Budget 2019/20 Budget GST) Completion)
Total Capital $ 11,494,480 $ 11,365,824 $ 10,484,436 $ 11,365,824
$ 185,000 $ 95,716 $ 24,824 $ 96,716 Operational Adopted Endorsed Current YTD Actuals External Contribution (excl. Synergy GL Project Name From To % renewal EOY forecast Project Description Status 2020/21 Budget 2020/21 Budget GST)
SEALED ROAD CAPITAL Proposed Budget $ 1,120,000 CONSTRUCTION reconstruct McRae St including kerb. Footpath slope will be reduced with McRae Street, Naracoorte Smith Street Robertson Street 100% $ 600,000 $ 600,000 $ 600,000 On Target 720533 a stepped and improve footpath levels on the Bank SA corner Moore Street, Naracoorte includes traffic and pedestrian movemnets assessmnet and design of a Upgrade & Swimming Lake Car 75% $ 40,000 $ 40,000 $ 40,000 road that imporve safety form school children and traffic flows at peak On Target 720534 Park TMP - DESIGN times of school pick up and drop off
300m South of 1.6km South of Old Caves Road, Naracoorte 50% $ 450,000 $ 450,000 $ 450,000 $ 300,000 stage 3 of the reconstruction to complete the tourism route linking On Target Pistol Club Pistol Club Naracoorte to the Caves. Widening of 1.6km of road and resealing and 720529 the relaignment of the Pinkerton Road/Old Caves Road intersection. Ormerod Street, Naracoorte - Design of the extension of Ormerod Street west of MacDonnell Street, McRae St Railyards 100% $ 30,000 $ 30,000 $ 30,000 On Target 720524 DESIGN following extensive consultation with local businesses $ 1,120,000 $ 1,120,000 $ - $ 1,120,000 $ 300,000 Variance - - UNSEALED ROAD CAPITAL Proposed Budget $ 1,020,000 CONSTRUCTION Boddingtons Road, Naracoorte detailed survey and design to bring Boddigntons Road to Riddoch $ 70,000 $ 70,000 $ 70,000 On Target 760900 DESIGN end of seal Riddoch Highway 0% Highway on the currently unmade road reserve.
Crooked Lane Corner Plantation Rd 2.5km South 25% $ 300,000 $ 300,000 $ 300,000 realignment of road to eliminate 2 sharp corners On Target 760919
Repeater Station Road, Riddoch to reconstruct and seal heavily used rural living road to reduce Wild Dog Valley Rd 75% $ 650,000 $ 650,000 $ 650,000 On Target Naracoorte Highway maintenance burden and improve level of service 760920 $ 1,020,000 $ 1,020,000 $ 1,020,000 $ - Variance - - -
CAPITAL UNSEALED ROAD RESHEET Proposed Budget $ 1,680,000 Balance of Budget - -
700001 Chappels Road 100% On Target Possinghams Concrete Bridge Road 1.3km South 100% $ 110,000 $ 110,000 $ 110,000 On Target 700008 Rd Redesigned Crooked Lane Kellys Old Place 100% $ 250,000 $ 250,000 $ 250,000 to be resheeted with Crooked Lane realignment On Target 700065 corner Deepwater Grubbed Rd end of seal 100% $ 510,000 $ 510,000 $ 510,000 On Target 700011 Road Heggies Rd - look at with Saunders Road 1km West 100% $ 63,000 $ 63,000 $ 63,000 to be resheeted with Crooked Lane realignment On Target Crooked Lane Intersection 700066 Irvings Road Moyhall Road end 100% On Target 700067 700014 James Road 10km 14km 100% $ 225,000 $ 225,000 $ 225,000 On Target 700044 Old Robe Road West Aveune Settlers 100% $ 216,000 $ 216,000 $ 216,000 On Target to last resheet top Possinghams Road concrete bridge 100% $ 126,000 $ 126,000 $ 126,000 On Target 700068 of hill Old Avenue West Avenue Extension 3km North 100% $ 180,000 $ 180,000 $ 180,000 On Target 700060 Road $ 1,680,000 $ 1,680,000 $ 1,680,000 $ - On Target Variance - - -
CAPITAL SEALED ROAD RESEALS Proposed Budget $ 748,178 Balance of Budget 0 680177 Barrett Road Frances Railway Tce Racecourse Road 50% 15,000 On Target 680178 Bourne Street Alley Bourne Street End of seal 100% $ 1,470 On Target
680179 Burkes Road Intersections Cadgee Road Carters Road 100% $ 5,000 On Target
680104 Cadgee Rd Burkes Road Carters Rd 100% $ 53,940 On Target
680180 Church Street McRae St Poplar Street 100% $ 6,549 On Target
680180 Church Street Poplar Street Magarey Cres 100% $ 1,676 On Target 4km south 680157 Conmurra Road Kirklands Road 100% $ 234,240 On Target Legges Lane New seal at 680150 Fairview Road 641 Fairview Road 100% $ 205,440 On Target house 107 680181 Foster Street, Naracoorte Laurie Cres Adelaide Ave 100% $ 48,787 On Target Adopted Endorsed Current YTD Actuals External Contribution (excl. Synergy GL Project Name From To % renewal EOY forecast Project Description Status 2020/21 Budget 2020/21 Budget GST)
680143 Freeling Street Moore St Robert St 100% $ 8,686 On Target
680182 Higgs Road Intersection Cadgee Road 100% $ 2,000 On Target
680183 Leicester Street Merino Street Dorset Street 100% $ 3,360 On Target
680183 Leicester Street Dorset Street Corriedale Street 100% $ 5,189 On Target
680184 Mudge Street Alley Mudge Street End of seal 100% $ 1,469 On Target
680118 Oliver Street Park Terrace Freeling St 100% $ 6,864 On Target
680185 Peake Crescent Rolland St Jenkins Tce 100% $ 7,290 On Target
680186 Poplar Street Church Street McRae St 100% $ 4,286 On Target
680187 Premier Drive Road Divide End of Seal East 100% $ 1,416 On Target
680187 Premier Drive Road Divide Cherry Dr 100% $ 1,806 On Target
680187 Premier Drive Playford Dr Road Divide 100% $ 3,168 On Target
680187 Premier Drive Cherry Dr End of Seal 100% $ 5,616 On Target
680188 Rectory Place Jenkins Terrace End of Seal 100% $ 37,800 On Target
680189 Sandstone Avenue Bates Lane Newton Road 100% $ 54,000 On Target
680190 Union Crescent Price Ave End of Seal 100% $ 7,776 On Target Riddoch 680191 Wattle Avenue High School Gate 100% $ 5,250 On Target Highway 680192 Young Drive Stewart Tce Vanstones Road 100% $ 20,100 On Target
$ 748,178 $ - $ - $ - Variance 0 748,178 -
CAPITAL FOOTPATHS Proposed Budget $ 345,000 780003 Foster Street, Naracoorte Butler Tce Pethick St 100% $ 63,000 to replace existing footpath with a concrete footpath On Target Hospital 780028 Jenkins Terrace, Naracoorte Gordon St 0% $ 175,000 Continue concrete footpath connecting to hospital On Target Entrance new concrete footpath to Sunrise School and linking the area to the town 720529 Old Caves Road Jenkins Tce Sunrise School 0% On Target centre Robertson Street, Naracoorte Jones Rolland 75% $ 52,000 to pave the balance of Robertson street, add trees including tree guards On Target
Sandstone Avenue, Naracoorte Smith Street Bates Lane 100% $ 10,000 Reseal footpaths On Target 780013 780020 Smith Street, Naracoorte James Street Davidson Street 0% $ 45,000 Resident request to complete footpath to end of residential area On Target $ 345,000 $ - $ - $ - $ - Variance - 345,000 -
CAPITAL INTERSECTIONS Proposed Budget $ - minor works and linemarking to improve delineation of this intersection, Kyby intersection On Target part funded by DPTI. Project delayed from 2019/20 $ - $ - $ - $ - Variance - - -
CAPITAL KERB AND WATERTABLE Proposed Budget $ -
$ - $ - $ - $ - Variance - - -
CAPITAL STORMWATER DRAINAGE Proposed Budget $ 40,000 Cedar Avenue & Jenkins 100% $ 40,000 On Target Terrace, Naracoorte DESIGN old stormwater system that needs to be redesigned to be more effective $ 40,000 $ - $ - $ - Variance - 40,000 -
BRIDGES, MAJOR CULVERTS CAPITAL Proposed Budget $ 335,000 & RURAL DRAINAGE Adopted Endorsed Current YTD Actuals External Contribution (excl. Synergy GL Project Name From To % renewal EOY forecast Project Description Status 2020/21 Budget 2020/21 Budget GST)
Cadgee/Mahoneys Bridge (Wild 620103 100% $ 35,000 On Target Dog Valley) repairs to bridge to increase longevity Jessie Road - approx. 1.5km 620112 north of Wimmera Highway 100% $ 200,000 narrow culvert crossing in poor repair On Target (Hynam) Laurie Park Road - Yelloch $ 40,000 On Target Creek DESIGN (Laurie Park) 100% constructed in 1939 and now in poor repair
620101 Rural Culvert Replacement $ 60,000 On Target 100% culvery replacemnet as per validation project assessment $ 335,000 $ - $ - $ - $ - Variance - 335,000 - CAPITAL SWIMMING LAKE Proposed Budget $ 20,000 improve shade areas on the northern side of the lake, provide a starting 880021 Additional shelter 0% $ 20,000 On Target point for weekly parkrun Concept Design footpaths and 0% Refer Disability Inclusion Implementation Plan On Target paved area $ 20,000 $ - $ - $ - Variance - 20,000 -
COMMUNITY WASTEWATER CAPITAL MANAGEMENT SCHEMES Proposed Budget $ - (CWMS)
$ - - $ - Variance - - - NARACOORTE REGIONAL CAPITAL LIVESTOCK EXCHANGE Proposed Budget $ 521,500 (NRLE) 860052 NRLE Cattle Selling Pens 100% $ 511,000 $ - Stage 2 completion On Target 860030 Kitchen Floor 100% $ 5,000 vinyl floor covering for kitchen On Target IT Capital 100% $ 5,500 On Target $ 521,500 $ - $ - $ - Variance - 521,500 -
CAPITAL AERODROMES Proposed Budget $ 60,000
100% $ 60,000 complete runway lighting On Target 600057 Runway lighting (Naracoorte)
$ 60,000 $ - $ - $ - $ - Variance $ -
CAPITAL CEMETERIES Proposed Budget $ 155,000 Naracoorte Cemetery Landscaping and Natural Burial 0% $ 100,000 Cemetery Working Group to be established. Allocation for design work On Target 540193 Ground - DESIGN including natural burial ground & improvements to 'old cemetery'. Lucindale Cemetery Expansion 0% $ 30,000 On Target to construct new plots reserved for burials Naracoorte Cemetery - road 0% $ 25,000 On Target 540191 sealing To seal unsealed roads $ 155,000 $ - $ - $ - $ - Variance $ -
CAPITAL P&G, SPORT & RECREATION Proposed Budget $ 430,000
540496 Market Square soft floor 75% $ 80,000 On Target stage 2 of project to replace soft floor Rotary Park (Swimming Lake) 540501 100% $ 20,000 On Target BBQ rationalise the number of barbeques and upgrade. Market Square Irrigation LRCI project $ 65,000 $ 65,000 On Target Install irrigation system to enhance amenity of the park Skate Bowl - Market Square Install a skate bowl as identified in the master plan following 2014 LRCI project $ 150,000 $ 150,000 On Target Playground consultation Naracoorte Netball & Tennis Council contribution towards the project - dependent on successful grant LRCI project $ 100,000 $ 100,000 On Target Courts application Hynam Bus Shelter LRCI project $ 15,000 $ 15,000 On Target Community request $ 430,000 $ - $ - $ - $ 330,000 Variance - 430,000 - Adopted Endorsed Current YTD Actuals External Contribution (excl. Synergy GL Project Name From To % renewal EOY forecast Project Description Status 2020/21 Budget 2020/21 Budget GST)
CAPITAL CAVES TRAIL MASTER PLAN Proposed Budget $ 143,000
Interpretation and signage 0% $ 13,000 On Target Beekeepers Cave (protection) 0% $ 10,000 On Target
540543 Naracoorte to Caves Bike Path Michaels Road Pitts Lane Shelter 0% $ 80,000 On Target Establish a bike path to Naracoorte Caves. Includes both projects from plan (over estimated in plan). Trailhead Marker 55 Ormerod Street. Included in creek walk. Caves Trail Interpretation LRCI project $ 40,000 $ 40,000 On Target $ 143,000 $ - $ - $ - $ 40,000 Variance - 143,000 -
CAPITAL CREEK MASTER PLAN Proposed Budget $ 127,000
Creek - Hydrological assessment $ 100,000 Complete hydrological assessment and submit to NRM for approval to On Target 540394 and weir construction 0% construct a weir at Park Tce bridge Signage at 55 Ormerod St to direct visitors to the Creek Walk and creek $ 15,000 On Target Creek Walk - Signage 75% walk signage. Also provide information for the Caves Trail. Creek Walk - North Parklands 540392 Cemetery Swimming Lake 100% $ 7,000 Creek and Creekwalk MP - reseal sealed path On Target Sealed Path $ 5,000 On Target Creek Walk - Parkrun Signage 0% Permanently Mark Parkrun Route.
$ 127,000 $ - $ - $ - $ - Variance - 127,000 -
OPERATIONAL CREEK MASTER PLAN Proposed Budget $ 48,500
$ 26,500 $ 15,000 Remove fallen trees; Retain natural vegetation, remove noxious plants & On Target 241084 Creek Maintenance restablish relationship with high school Creek - Water $ 5,000 Purchase water to maintain creek levels On Target 241086 Creek Walk Maintenance $ 15,000 Annual expenditure On Target 241236 North Parklands Maintenance $ 2,000 On Target $ 48,500 $ - $ - $ - $ 15,000 Variance - 48,500 -
CAPITAL DISABILITY INCLUSION PLAN Proposed Budget $ 60,000 Concept Design footpaths and To design accessible footpaths from the car park to the lake and canteen, 0% $ 30,000 On Target paved area (swimming lake) including a paved area with shelter. CBD toilets [N] $ - 2020/21 project to Improve disabled access - completed in 19/20 On Target McCoy Street Crossing 100% $ - Smith Street end - completed in 19/20 McRae Street Footpath $40,000 included in Sealed Road Construction - McRae Street Pedestrian Crossings 100% $ - Assess across Smith Street - completed in 19/20 Portable Ramp for Sound Shell LRCI project $ 10,000 $ 10,000 On Target Access Crossings around LRCI project $ 20,000 $ 20,000 On Target Naracoorte $ 60,000 $ - $ - $ - $ 30,000 Variance - 60,000 -
CAPITAL FRANCES MASTER PLAN Proposed Budget $ 235,000
540219 Frances - Linear trails 0% $ 20,000 On Target Town centre to Frances Primary School For alternative routes, wayfinding and branding, and town event 540219 Frances - Signage 0% $ 30,000 On Target information Frances - Town Entrance 540219 0% $ 10,000 On Target Statements Services and infrastructure (such as toilets, shelter, cooking facilities, 540219 Frances - RV Friendly 0% $ 45,000 On Target signage) 540219 Frances - Community space 0% $ 20,000 On Target Central community space Establish recreation area – bike paths, BMX etc. on land near school, 540219 Frances - Infrastructure 0% $ 10,000 On Target larger parking area Frances Focus Point - Town LRCI project $ 30,000 $ 30,000 On Target Centre Includes land purchase Frances Playground Upgrade LRCI project $ 70,000 $ 70,000 On Target $ 235,000 $ - $ - $ - $ 100,000 Variance - 235,000 -
OPERATIONAL FRANCES MASTER PLAN Proposed Budget $ 13,000 Adopted Endorsed Current YTD Actuals External Contribution (excl. Synergy GL Project Name From To % renewal EOY forecast Project Description Status 2020/21 Budget 2020/21 Budget GST)
Frances - Recreation Ground $ 5,000 Improve vegetation On Target Marketing at alternative route from Bordertown to Horsham; 1/2 way point Frances - Marketing $ 5,000 On Target Melbourne to Adelaide 241128 Frances - Town Maintenance $ 3,000 Mowing, spraying & tree trimming On Target $ 13,000 $ - $ - $ - $ - Variance - 13,000 -
CAPITAL LUCINDALE MASTER PLAN Proposed Budget $ 105,000
Lucindale - Signage 0% $ 15,000 On Target Implementation Stage 1 Lucindale - Detailed Design 50% $ 90,000 On Target Detailed design Footpaths/shared paths, design vegetation guidelines Centenary Park Paving LRCI project $ 40,000 $ 40,000 On Target
Centenary Park Acccess Road LRCI project $ 10,000 $ 10,000 On Target $ 155,000 $ - $ - $ - $ 50,000 Variance - 50,000 105,000 -
OPERATIONAL LUCINDALE MASTER PLAN Proposed Budget $ 7,000 Lucindale - Community Facilities $ - On Target Review Internal project Lucindale - Rail Trail $ - On Target Coordination Internal project Rural Living Policy Review $ - TBC On Target Vegetation Planting $ 7,000 On Target $ 7,000 $ - $ - $ - $ - Variance - 7,000 - WAYFINDING PLAN & CAPITAL Proposed Budget $ 114,090 TOWN ENTRANCES 2 signs (MacDonnell St & Deviation Rod) and sign for Smith St/Stewart 540462 Directional Signage (Ncte) 0% $ 21,500 On Target Tce Roundabout 540462 Old Caves Road Route Signs 0% $ 21,590 On Target 540463 Promotional Banners 0% $ 25,000 Riddoch Highway (southern entrance) On Target To construct a skeleton feature at the Pintkerton Road/Wimmera Highway $ 15,000 On Target 540395 Town Entrance Sculpture [N] 0% intersection Visitor Information Centre $ 6,000 On Target Signage 0% Promotional Banners - Wimmera 5 poles and banners along Wimmera Highway with 4 sets flags (includes $ 25,000 $ 25,000 On Target Highway powder coating and installation $ 114,090 $ - $ - $ - $ 25,000 Variance - 114,090 - WAYFINDING PLAN & OPERATIONAL Proposed Budget $ 45,000 TOWN ENTRANCES 241357 Southern entrance to Naracoorte 0% $ 45,000 On Target Stage 2 - includes removal of pines at southern entrance and replanting $ 45,000 $ - $ - $ - $ - - 45,000 -
CAPITAL BUILDINGS Proposed Budget $ 2,128,000
$ 2,000,000 On Target Library (new) 50% Upgrade 93 Smith Street Lucindale Depot 0% $ 25,000 On Target Fire Safety Static Water Supply (Tank) Fire Safety (Generator / Bollards $23k & Fire Hose $5k) / Steps (carpark Naracoorte Depot 17% $ 69,000 On Target & entrance) $12k / Airconditioning (meeting room) $4k Naracoorte Town Hall 0% $ 9,000 Roof access (safety) On Target Old Library 100% $ 10,000 Design work On Target Smartfill upgrade Naracoorte 100% $ 15,000 On Target $ 2,128,000 $ - $ - $ - $ - Variance - 2,128,000 -
CAPITAL FLEET, PLANT & MACHINERY Proposed Budget $ 869,216
570010 Fleet Capital - Assigned Vehicles 100% $ 140,000 $ 54,000 On Target Income relates to trade-in 570070 Fleet Capital - Utilities 100% $ 82,000 $ 26,000 Income relates to trade-in On Target 560650 Minor Plant - Depot [L] On Target 560670 Minor Plant - Depot [N] 100% $ 15,000 On Target 570030 Major Plant 100% $ 632,216 Nominal amount, net of trade-ins On Target $ 869,216 $ - $ - $ 80,000 Adopted Endorsed Current YTD Actuals External Contribution (excl. Synergy GL Project Name From To % renewal EOY forecast Project Description Status 2020/21 Budget 2020/21 Budget GST)
Variance - 869,216 -
CAPITAL FURNITURE & EQUIPMENT Proposed Budget $ 102,800 525002 IT Capital - Members 100% $ 1,200 As per replacement plan On Target 525002 IT Capital - Servers & Network 100% $ 6,000 As per replacement plan IT Capital - Wireless 525004 100% $ 7,700 On Target Infrastructure As per replacement plan IT Capital - Office [L] 100% $ 3,200 As per replacement plan On Target As per replacement plan. Includes two mobile devices for planning & 525035 IT Capital - Office [N] 72% $ 15,300 On Target compliance IT Capital - Volunteer 525720 100% $ 1,200 As per replacement plan. On Target Management Program 525095 IT - Town Hall [N] 100% $ 3,800 As per replacement plan. On Target 525335 IT Capital - Library 100% $ 12,600 As per replacement plan. On Target IT Capital - Visitor Information 525595 100% $ 5,300 As per replacement plan. On Target Centre 525675 IT Capital - Depot [N] 78% $ 20,000 As per replacement plan. Includes two mobile devices for operations On Target 850010 Library Books - Local Purchases 100% $ 4,000 $ 4,000 On Target Grant - Library Services 850020 Library Books - Library Services 100% $ 22,500 $ 22,500 On Target Grant - Library Services $ 102,800 $ - $ - $ 26,500 Variance - 102,800 -
Total Capital $ 10,358,784 $ 3,820,000 $ - $ 3,820,000 $ 970,000
$ 113,500 $ - $ - $ - $ 41,500 Operational Complete On Hold Slipping On Target Withdrawn NARACOORTE LUCINDALE COUNCIL OPERATING BUDGET vs ACTUALS as at 30 JUNE 2020
CURRENT ADOPTED OPERATING BUDGET 2019-2020 2019-2020 ACTUALS AS AT 30 JUNE 2020 RESERVE RESERVE TRANSFERS & TRANSFERS & INTERNAL OPERATING OPERATING INTERNAL OPERATING OPERATING RECOVERIES INCOME DEPREC EXPEND TOTAL RECOVERIES INCOME DEPREC EXPEND TOTAL
RATES & GRANTS COMMISSION $ - -$ 2,720,518 $ - $ - -$ 2,720,518 GRANTS COMMISSION $ - -$ 2,550,303 $ - $ - -$ 2,550,303 $ - -$ 10,626,667 $ - $ - -$ 10,626,667 GENERAL RATES $ - -$ 10,613,924 $ - $ - -$ 10,613,924 $ - -$ 38,100 $ - $ - -$ 38,100 FINES & INTEREST $ - -$ 40,021 $ - $ - -$ 40,021 $ - -$ 649,844 $ - $ 657,744 $ 7,900 NRM LEVY $ - -$ 650,418 $ - $ 657,744 $ 7,326
ADMINISTRATION $ - -$ 175,930 $ - $ 216,765 $ 40,835 001 ADMINISTRATION $ - -$ 169,397 $ - $ 187,464 $ 18,067 $ - $ - $ - $ 51,000 $ 51,000 003 INVESTIGATIONS $ - $ - $ - $ 61,212 $ 61,212 $ 500 $ - $ 7,659 $ 330,435 $ 338,594 005 CEO $ 500 $ - $ - $ 326,561 $ 327,061 $ 500 $ - $ - $ 81,326 $ 81,826 007 CREDITORS $ 500 $ - $ - $ 79,181 $ 79,681 $ - $ - $ - $ 66,305 $ 66,305 009 COMMUNITY ENGAGEMENT $ - $ - $ - $ 73,968 $ 73,968 -$ 16,850 $ - $ 8,205 $ 382,843 $ 374,198 011 COMPUTER OPERATIONS -$ 22,050 -$ 55,917 $ 10,380 $ 351,247 $ 283,660 $ 750 $ - $ - $ 95,046 $ 95,796 013 CUSTOMER SERVICE / RECEPTION $ 750 $ - $ - $ 86,832 $ 87,582 $ 250 $ - $ - $ 17,115 $ 17,365 015 DEBTORS $ 250 $ - $ - $ 17,281 $ 17,531 $ 1,000 $ - $ 7,659 $ 305,108 $ 313,767 017 FINANCE $ 1,000 $ - $ - $ 289,162 $ 290,162 $ 750 $ - $ - $ 163,252 $ 164,002 019 GOVERNANCE $ 750 $ - $ - $ 164,940 $ 165,690 $ 250 $ - $ - $ 128,883 $ 129,133 023 HUMAN RESOURCES $ 250 $ - $ - $ 94,143 $ 94,393 $ 1,100 $ - $ 10,860 $ 256,664 $ 268,624 025 ELECTED MEMBERS $ 1,100 $ - $ 3,804 $ 205,716 $ 210,620 $ 1,000 -$ 37,660 $ 6,828 $ 262,281 $ 232,449 027 OPERATIONS $ 1,000 -$ 37,660 $ - $ 254,029 $ 217,369 $ 1,000 $ - $ - $ 123,750 $ 124,750 029 PAYROLL $ 1,000 $ - $ - $ 121,741 $ 122,741 $ 500 $ - $ 5,378 $ 150,831 $ 156,709 031 PLANNING $ 500 $ - $ - $ 125,566 $ 126,066 $ 500 $ - $ 5,311 $ 49,024 $ 54,835 033 BUILDING MAINTENANCE $ 500 $ - $ - $ 50,218 $ 50,718 $ 500 $ - $ - $ 90,361 $ 90,861 035 PURCHASING $ 500 $ - $ - $ 95,123 $ 95,623 $ 500 $ - $ - $ 141,735 $ 142,235 037 RATES & PROPERTY $ 500 $ - $ - $ 137,312 $ 137,812 $ 500 $ - $ 2,174 $ 103,892 $ 106,566 039 RECORDS MANAGEMENT $ 500 $ - $ 2,172 $ 93,189 $ 95,861 $ 250 $ - $ - $ 44,136 $ 44,386 041 EMPLOYEE SAFETY $ 250 $ - $ - $ 21,885 $ 22,135 $ 1,500 $ - $ 11,284 $ 264,097 $ 276,881 043 MANAGERS & PROJECT SUPPORT $ 1,500 $ - $ - $ 200,364 $ 201,864 $ - $ - $ 17,590 $ 17,030 $ 34,620 090 OFFICE - LUCINDALE $ - $ - $ 17,604 $ 11,636 $ 29,240 $ - $ - $ 37,754 $ 113,250 $ 151,004 095 OFFICE - NARACOORTE $ - $ - $ 38,832 $ 99,535 $ 138,367
PUBLIC ORDER & SAFETY $ 250 -$ 22,954 $ 1,687 $ 85,761 $ 64,744 110 FIRE PREVENTION $ 250 -$ 21,811 $ - $ 72,900 $ 51,339
HEALTH SERVICES $ - -$ 5,000 $ 10,721 $ 5,000 $ 10,721 120 LUCINDALE HEALTH CENTRE $ - -$ 5,000 $ 11,124 $ 863 $ 6,987
COMMUNITY SUPPORT $ - $ - $ - $ 118,420 $ 118,420 130 FINANCIAL SUPPORT $ - $ - $ - $ 58,245 $ 58,245 $ 250 -$ 1,500 $ 664 $ 31,630 $ 31,044 130 COMMUNITY SUPPORT $ 250 -$ 1,525 $ 660 $ 24,242 $ 23,627 $ 250 -$ 60,000 $ - $ 58,350 -$ 1,400 131 VOLUNTEERS $ 250 -$ 61,920 $ - $ 59,353 -$ 2,318 $ - -$ 1,000 $ 41,250 $ 34,125 $ 74,375 133 HALLS (Lucindale) $ - -$ 963 $ 41,256 $ 40,538 $ 80,831 $ 500 -$ 36,500 $ 105,002 $ 147,881 $ 216,883 134 HALLS (Naracoorte) $ 500 -$ 29,210 $ 105,612 $ 125,425 $ 202,328 $ - $ - $ 13,330 $ 1,270 $ 14,600 135 HALLS (Other) $ - $ - $ 13,332 $ 540 $ 13,872 $ - -$ 30,800 $ 31,903 $ 38,385 $ 39,488 136 HARRY TREGOWETH RETIREMENT VILLAGE $ - -$ 25,520 $ 32,064 $ 44,970 $ 51,514 $ - $ - $ 11,382 $ 2,855 $ 14,237 137 SENIOR CITIZENS $ - $ - $ 11,388 $ 5,014 $ 16,402 $ - $ - $ - $ - $ - YOUTH ACTIVITIES $ - $ - $ - $ - $ -
Page 1 NARACOORTE LUCINDALE COUNCIL OPERATING BUDGET vs ACTUALS as at 30 JUNE 2020
CURRENT ADOPTED OPERATING BUDGET 2019-2020 2019-2020 ACTUALS AS AT 30 JUNE 2020 RESERVE RESERVE TRANSFERS & TRANSFERS & INTERNAL OPERATING OPERATING INTERNAL OPERATING OPERATING RECOVERIES INCOME DEPREC EXPEND TOTAL RECOVERIES INCOME DEPREC EXPEND TOTAL
COMMUNITY AMENITIES $ - -$ 90,200 $ 9,671 $ 137,472 $ 56,943 150 CEMETERIES $ - -$ 107,740 $ 9,804 $ 124,216 $ 26,280 $ - -$ 690 $ - $ 9,016 $ 8,326 152 EFFLUENT DISPOSAL - OTHER $ - -$ 690 $ - $ 6,151 $ 5,461 $ - $ - $ 26,119 $ 140,130 $ 166,249 154 PUBLIC CONVENIENCES $ - $ - $ 26,124 $ 111,949 $ 138,073
WASTE MANAGEMENT $ - -$ 1,020,824 $ 43,965 $ 1,209,882 $ 233,023 180 WASTE MANAGEMENT $ - -$ 1,042,017 $ 41,340 $ 1,042,985 $ 42,308
OTHER ENVIRONMENT $ - -$ 500 $ 140,000 $ 83,332 $ 222,832 202 STORMWATER DRAINAGE $ - -$ 500 $ 140,004 $ 93,073 $ 232,577 $ - $ - $ - $ 156,580 $ 156,580 204 STREET CLEANING $ - $ - $ - $ 131,033 $ 131,033 $ - $ - $ - $ 120,000 $ 120,000 206 STREET LIGHTING $ - $ - $ - $ 118,093 $ 118,093
CULTURE $ 1,000 -$ 62,200 $ 54,665 $ 348,528 $ 341,993 220 LIBRARIES $ 1,000 -$ 39,867 $ 61,044 $ 339,414 $ 361,591 $ - $ - $ - $ 22,451 $ 22,451 222 HERITAGE $ - -$ 300 $ - $ 15,928 $ 15,628 $ - -$ 18,700 $ 22,951 $ 90,720 $ 94,971 224 ARTS $ - -$ 18,750 $ 22,956 $ 50,752 $ 54,958 $ - $ - $ - $ 2,370 $ 2,370 226 MUSEUMS $ - $ - $ 2,112 $ 2,112
RECREATION $ - $ - $ 78,734 $ 645,405 $ 724,139 241 PARKS & GARDENS $ - -$ 20,000 $ 83,604 $ 596,654 $ 660,258 $ - -$ 4,550 $ 15,118 $ 58,045 $ 68,613 246 SPORT & RECREATION $ - -$ 4,549 $ 20,244 $ 53,351 $ 69,046 $ - -$ 180 $ 58,256 $ 195,640 $ 253,716 248 SWIMMING FACILITIES $ - -$ 201 $ 58,824 $ 184,349 $ 242,972
REGULATORY SERVICES $ 500 -$ 86,750 $ - $ 162,159 $ 75,909 261 DEVELOPMENT CONTROLS $ 500 -$ 134,845 $ - $ 174,156 $ 39,811 $ 250 -$ 58,160 $ 1,685 $ 58,167 $ 1,942 263 DOG CONTROL $ 250 -$ 55,140 $ - $ 29,493 -$ 25,397 $ - -$ 4,130 $ - $ 52,000 $ 47,870 265 HEALTH INSPECTION $ - -$ 21,281 $ - $ 43,961 $ 22,680 $ - -$ 15,300 $ 1,125 $ 41,964 $ 27,789 267 GENERAL INSPECTION $ - -$ 3,130 $ - $ 37,321 $ 34,191 $ - $ - $ 1,125 $ 16,967 $ 18,092 268 LIVESTOCK CONTROL $ - $ - $ - $ 8,950 $ 8,950 $ - -$ 4,500 $ - $ 19,515 $ 15,015 269 PARKING CONTROLS $ - -$ 5,225 $ - $ 15,937 $ 10,712
TRANSPORT & COMMUNICATION $ - -$ 34,045 $ 111,373 $ 64,045 $ 141,373 280 AERODROMES $ - -$ 34,035 $ 118,656 $ 48,321 $ 132,942 $ - -$ 1,003,138 $ 3,829,850 $ 2,331,507 $ 5,158,219 282 ROAD MAINTENANCE $ - -$ 1,004,669 $ 3,857,616 $ 2,336,658 $ 5,189,605
ECONOMIC AFFAIRS $ - -$ 79,875 $ - $ 258,575 $ 178,700 302 EVENTS $ - -$ 88,223 $ - $ 250,504 $ 162,281 $ 5,200 $ 5,200 303 LAND DEVELOPMENT $ - $ - $ - $ 5,259 $ 5,259 $ - $ - $ - $ 2,390 $ 2,390 304 PLANTATIONS $ - $ - $ - $ 385 $ 385 $ - $ - $ - $ 162,190 $ 162,190 305 ECONOMIC DEVELOPMENT $ - -$ 13,500 $ - $ 105,319 $ 91,819 $ 500 -$ 47,356 $ 808 $ 304,126 $ 258,078 306 VISITOR INFORMATION CENTRE & TOURISM $ 500 -$ 45,448 $ 1,152 $ 238,311 $ 194,516
Page 2 NARACOORTE LUCINDALE COUNCIL OPERATING BUDGET vs ACTUALS as at 30 JUNE 2020
CURRENT ADOPTED OPERATING BUDGET 2019-2020 2019-2020 ACTUALS AS AT 30 JUNE 2020 RESERVE RESERVE TRANSFERS & TRANSFERS & INTERNAL OPERATING OPERATING INTERNAL OPERATING OPERATING RECOVERIES INCOME DEPREC EXPEND TOTAL RECOVERIES INCOME DEPREC EXPEND TOTAL
BUSINESS UNDERTAKINGS $ - $ - $ 5,552 $ 5,573 $ 11,125 320 CARAVAN PARKS $ - $ - $ 5,556 $ 2,704 $ 8,260 $ 77,178 -$ 101,196 $ 57,506 $ 24,018 $ 57,506 322 COMMUNITY WASTE MANAGEMENT SCHEME $ - -$ 100,007 $ 53,004 $ 16,509 -$ 30,494 $ - -$ 13,260 $ 11,042 $ 5,736 $ 3,518 323 HOUSES $ - -$ 13,260 $ 11,040 $ 1,325 -$ 895 $ - $ - $ - $ - 327 PRIVATE WORKS $ - $ - $ - -$ 3,743 -$ 3,743 $ - -$ 1,000 $ - $ 1,000 $ - 328 QUARRIES $ - -$ 725 $ - -$ 57,276 -$ 58,001
PLANT MACHINERY & DEPOT $ 2,000 $ - $ 103,448 -$ 207,168 -$ 101,720 340 DEPOT EXPENSES $ 2,000 -$ 4,563 $ 105,108 -$ 160,132 -$ 57,587 -$ 55,000 $ - $ - $ 1,000 -$ 54,000 342 FLEET OPERATIONS $ - -$ 349 $ - -$ 2,627 -$ 2,976 $ 55,000 -$ 45,000 $ 380,000 -$ 335,000 $ 55,000 344 PLANT OPERATIONS $ - -$ 45,326 $ 389,216 -$ 515,877 -$ 171,987
UNCLASSIFIED $ - -$ 101,000 $ - $ - -$ 101,000 361 DEBT $ - -$ 94,141 $ - -$ 17,280 -$ 111,421 $ - -$ 38,233 $ 4,137 $ 30,997 -$ 3,099 366 OTHER PROPERTIES & SERVICES $ - -$ 46,003 $ 4,140 $ 10,900 -$ 30,963 $ - -$ 88,300 $ - $ 88,300 $ - 367 OTHER $ - -$ 88,996 $ - $ 77,702 -$ 11,294 $ - $ - $ - $ 10,000 $ 10,000 369 VANDALISM $ - $ - $ - $ 11,734 $ 11,734
$ 77,178 -$ 17,325,560 $ 5,293,771 $ 10,959,382 -$ 995,229 TOTALS (excluding NRLE) -$ 5,200 -$ 17,297,067 $ 5,297,660 $ 9,766,714 -$ 2,237,893
NARACOORTE REGIONAL -$ 72,601 -$ 1,644,350 $ 406,500 $ 1,022,360 -$ 288,091 LIVESTOCK EXCHANGE $ 5,200 -$ 1,704,483 $ 406,764 $ 927,545 -$ 364,974
$ 4,577 -$ 18,969,910 $ 5,700,271 $ 11,981,742 -$ 1,283,320 TOTALS (including NRLE) -$ 0 -$ 19,001,550 $ 5,704,424 $ 10,694,259 -$ 2,602,867
-$ 1,287,897 SURPLUS -$ 2,602,867 SURPLUS
Page 3 NARACOORTE LUCINDALE COUNCIL Statement of Comprehensive Income 9:43 am For Period Ending: 30/06/2020 Year: 19/20 Thursday, 9 July, 2020
Original Budget Current Budget Actual YTD Variance $ YTD %
Operating Income
Rates 12,442,167 12,460,767 12,449,534 11,233 100% Statutory Charges 168,630 168,630 230,820 (62,190) 137% User Charges 1,948,732 1,963,932 2,035,764 (71,832) 104% Grants, Subsidies and Contributions 4,162,731 3,915,131 3,762,244 152,887 96% Investment Income 129,090 139,590 125,853 13,737 90% Reimbursements 160,704 174,004 175,702 (1,698) 101% Other Income 109,256 147,856 228,673 (80,817) 155% Contracts Materials & Other 0 0 100 (100) 0%
Total Operating Income 19,121,310 18,969,910 19,008,690 38,780 100% Operating Expenses
Employee Costs 5,376,253 5,360,798 5,087,201 273,597 95% Contracts Materials & Other 6,287,587 6,539,238 5,524,406 1,014,832 84% Depreciation, Amortisation & Impairment 6,735,271 5,700,271 5,324,424 375,847 93% Finance Costs 126,402 126,402 89,793 36,609 71%
Total Operating Expenses 18,525,513 17,726,709 16,025,823 1,700,886 90%
Operating Surplus/(Deficit) 595,797 1,243,201 2,982,867 1,739,666 240%
Amounts received specifically for new or upgraded assets. 1,075,000 813,000 917,900 104,900 113%
Asset disposal and fair value adjustments
Net Surplus/(Deficit) 1,670,797 2,056,201 3,900,767 1,844,566 190%
Capital Expenditure 11,494,480 11,365,824 10,484,491 881,333 92%
Page 1 of 1 NARACOORTE LUCINDALE COUNCIL
Summary of Financial Performance 4:57 pm For Period Ending: 30/06/2020 Wednesday, 22 July, 2020
Original Budget Current Budget Actual YTD Variance $ YTD %
Operating Income Administration 14,187,019 14,248,719 14,117,641 131,078 99% Public Order & Safety 22,954 22,954 21,811 1,143 95% Health Services 5,000 5,000 5,000 0 100% Community Support 131,500 129,800 119,138 10,662 92% Community Amenities 90,890 90,890 108,430 (17,540) 119% Waste Management 1,020,824 1,020,824 1,042,017 (21,193) 102% Other Environment 500 500 500 0 100% Culture 83,500 80,900 58,917 21,983 73% Recreation 4,730 4,730 24,750 (20,020) 523% Regulatory Services 168,840 168,840 219,620 (50,780) 130% Transport 1,282,183 1,037,183 1,038,704 (1,521) 100% Economic Development 116,831 127,231 147,170 (19,939) 116% Business Undertakings 1,759,806 1,759,806 1,825,615 (65,809) 104% Plant Machinery & Depot 45,000 45,000 50,237 (5,237) 112% Unclassified 201,733 227,533 229,140 (1,607) 101%
Operating Income 19,121,310 18,969,910 19,008,690 38,780 100% Operating Expenses Administration 4,262,875 4,188,075 3,870,706 317,369 92% Public Order & Safety 87,698 87,698 73,259 14,439 84% Health Services 15,721 15,721 11,987 3,734 76% Community Support 642,247 637,427 566,737 70,690 89% Community Amenities 322,408 322,408 278,390 44,018 86% Waste Management 1,279,847 1,253,847 1,173,001 80,846 94% Other Environment 499,912 499,912 498,863 1,049 100% Culture 539,185 542,685 493,353 49,332 91% Recreation 1,128,198 1,070,914 998,259 72,655 93% Regulatory Services 355,457 355,457 310,433 45,024 87% Transport 7,191,775 6,361,775 6,383,275 (21,500) 100% Economic Development 592,989 733,789 602,930 130,859 82% Business Undertakings 1,536,567 1,556,567 1,379,468 177,099 89% Plant Machinery & Depot 25,720 15,720 554,485 538,765 0% Unclassified 96,354 116,154 87,208 28,946 75%
Operating Expenses 18,525,513 17,726,709 16,173,384 1,553,325 91%
Net Surplus/(Deficit): 595,797 1,243,201 2,835,306 1,592,105 228% INSTRUMENT A
INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS:
• A COUNCIL; • A DESIGNATED AUTHORITY; • A DESIGNATED ENTITY
NOTES
1. In exercise of the powers contained in Section 44 of the Local Government Act 1999 the following powers, functions and duties, under the Planning, Development and Infrastructure Act 2016 and Regulations, unless listed as Not Delegated, are hereby delegated on 28 July 2020 (resolution …./21) to the person occupying or acting in the office of Chief Executive Officer of the Council.
2. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein.
3. Conditions or Limitations: conditions or limitations that apply to the delegations are contained in this Instrument.
4. Refer to the relevant Council resolution(s) to identify when these delegations were made, reviewed and or amended.
POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT
1. Planning Regions and Greater Adelaide Sub-delegation Position
1.1 The power pursuant to Section 5(5)(b) of the Planning, Not Applicable Development and Infrastructure Act 2016 (the PDI Act) to make submissions to the Minister on a proposed proclamation under
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
Section 5 of the PDI Act.
2. Subregions NOT DELEGATED TO CEO
2.1 The power pursuant to Section 6(3)(b) of the PDI Act to make submissions to the Minister on the Minister’s proposed course of action.
3. Environment and Food Production Areas – Greater Adelaide Not applicable
3.1 The power pursuant to Section 7(5)(b) of the PDI Act, in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments to concur in the granting of the development authorisation to the development.
4. Functions NOT DELEGATED TO CEO
4.1 The power pursuant to Section 22(4)(a)(i) of the PDI Act to, if an inquiry is conducted by the Commission under Section 22(1)(e) of the PDI Act make submissions or representations.
5. Planning Agreements NOT DELEGATED TO CEO
5.1 The power pursuant to Section 35(1)(a) of the PDI Act and subject to Section 35 of the PDI Act to enter into an agreement (a planning agreement) with the Minister relating to a specified area of the State subject to Section 35 of the PDI Act.
5.2 The power pursuant to Section 35(3) of the PDI Act to, in a planning agreement, include provisions that outline the purposes
NLC July 2020 FXD\M00256275F05922934.DOC, 1 January 2020
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
of the agreement and the outcomes that the agreement is intended to achieve and to provide for:
5.2.1 the setting of objectives, priorities and targets for the area covered by the agreement; and
5.2.2 the constitution of a joint planning board including, in relation to such a board:
5.2.2.1 the membership of the board, being between 3 and 7 members (inclusive); and
5.2.2.2 subject to Section 35(4) of the PDI Act, the criteria for membership; and
5.2.2.3 the procedures to be followed with respect to the appointment of members; and
5.2.2.4 the terms of office of members; and
5.2.2.5 conditions of appointment of members, or the method by which those conditions will be determined, and the grounds on which, and the procedures by which, a member may be removed from office; and
5.2.2.6 the appointment of deputy members; and
5.2.2.7 the procedures of the board; and
NLC July 2020 FXD\M00256275F05922934.DOC, 1 January 2020
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
5.2.3 the delegation of functions and powers to the joint planning board (including, if appropriate, functions or powers under another Act); and
5.2.4 the staffing and other support issues associated with the operations of the joint planning board; and
5.2.5 financial and resource issues associated with the operations of the joint planning board, including:
5.2.5.1 the formulation and implementation of budgets; and
5.2.5.2 the proportions in which the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board; and
5.2.6 such other matters as the delegate thinks fit.
5.3 The power pursuant to Section 35(5)(a) of the PDI Act, at the expiry of a planning agreement, to replace it with a new agreement (in the same or different terms).
5.4 The power pursuant to Section 35(5)(b) of the PDI Act, to vary or terminate a planning agreement by agreement between the parties to the agreement.
6. Appointment of Administrator NOT DELEGATED TO CEO
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
6.1 The power pursuant to Section 41(2)(a) of the PDI Act to make submissions to the Minister on the Minister appointing an administrator under Section 41 of the PDI Act.
7. Community Engagement Charter NOT DELEGATED TO CEO
7.1 The power pursuant to Section 44(6)(a) of the PDI Act, to make submissions in relation to any proposal to prepare or amend a designated instrument under Part 5 Division 2 Subdivision 5 of the PDI Act that is relevant to the Council (unless the proposal has been initiated by the Council).
7.2 The power pursuant to Section 44(9)(b) of the PDI Act to the extent that Section 44(9)(a) of the PDI Act does not apply, have regard to, and seek to achieve, any principles or performance outcomes that apply in a relevant case.
7.3 The power pursuant to Section 44(10) of the PDI Act to:
7.3.1 seek the approval of the Commission to adopt an alternative way to achieving compliance with a requirement of the charter; and
7.3.2 with the approval of the Commission, adopt an alternative way to achieving compliance with a requirement of the charter.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
8. Preparation and Amendment of Charter NOT DELEGATED TO CEO
8.1 The power pursuant to Section 45(2)(c) of the PDI Act to make representations (including in writing or via the SA planning portal) on a proposal to prepare or amend the charter.
9. Preparation and Amendment
9.1 The power pursuant to Section 73(2)(b)(iv) of the PDI Act to: NOT DELEGATED TO CEO
9.1.1 seek the approval of the Minister to initiate a proposal to amend a designated instrument; and
9.1.2 initiate a proposal to amend a designated instrument with the approval of the Minister acting on the advice of the Commission.
9.2 The power pursuant to Section 73(6) of the PDI Act where the Manager Planning and Compliance Council is authorised or approved under Section 73 of the PDI Act, after all of the requirements of Section 73 of the PDI Act have been satisfied:
9.2.1 to prepare a draft of the relevant proposal; and
9.2.2 to comply with the Community Engagement Charter for the purposes of consultation in relation to the proposal; and
9.2.3 to the extent that paragraph (b) of Section 73(6) of the PDI Act does not apply, in the case of a proposed amendment to a regional plan that has been prepared by
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
a joint planning board where the amendment is not being proposed by the joint planning board –consult with the joint planning board; and
9.2.4 to the extent that paragraph (b) of Section 73(6) of the PDI Act does not apply, in the case of a proposed amendment to the Planning and Design Code that will have a specific impact on 1 or more particular pieces of land in a particular zone or subzone (rather than more generally) – to take reasonable steps to give:
9.2.4.1 an owner or occupier of the land; and
9.2.4.2 an owner or occupier of each piece of adjacent land,
a notice in accordance with the regulations; and
9.2.5 to consult with any person or body specified by the Commission and any other person or body as the delegate thinks fit; and
9.2.6 to carry out such investigations and obtain such information specified by the Commission; and
9.2.7 to comply with any requirement prescribed by the regulations.
9.3 The power pursuant to Section 73(7) of the PDI Act, after Manager Planning and Compliance complying with Section 73(6) of the PDI Act, to prepare a report in accordance with any practice direction that applies for the
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
purposes of Section 73 of the PDI Act (including information about any change to the original proposal that the delegate considers should be made) and furnish a copy of the report to the Minister.
9.4 The power pursuant to Section 73(8) of the PDI Act, after the Manager Planning and Compliance Council has furnished a report to the Minister under Section 73(7) of the PDI Act, to ensure that a copy of the report is published on the SA planning portal in accordance with a practice direction that applies for the purposes of Section 73 of the PDI Act.
9.5 The power pursuant to Section 73(9) of the PDI Act to enter into NOT DELEGATED TO CEO an agreement with a person for the recovery of costs incurred by the Council in relation to an amendment of the Planning and Design Code or a design standard under Section 73 of the PDI Act (subject to the requirement to charge costs under Section 73(4)(b) of the PDI Act (if relevant)).
10. Parliamentary Scrutiny NOT DELEGATED TO CEO
10.1 The power pursuant to Section 74(8)(c) of the PDI Act if the ERD Committee is proposing to suggest an amendment under Section 74(4) of the PDI Act and the amendment is specifically relevant to the Council, to provide a comment and response within the period of 2 weeks.
11. Complying Changes – Planning and Design Code
11.1 The power pursuant to Section 75(1) of the PDI Act to submit to NOT DELEGATED TO CEO the Minister a proposal to agree to an amendment to the Planning and Design Code under Section 75 of the PDI Act if:
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
11.1.1 the amendment comprises a change to:
11.1.1.1 the boundary of a zone or subzone; or
11.1.1.2 the application of an overlay; and
11.1.2 the amendment is consistent with a recommendation in the relevant regional plan that, through the use of:
11.1.2.1 specific maps or other spatial information; and
11.1.2.2 specific information about the changes that are being proposed,
clearly and specifically identifies (in the opinion of the Minister) the changes that are considered to be appropriate.
11.2 The power pursuant to Section 75(3) of the PDI Act to effect an Manager Planning and Compliance amendment under Section 75 of the PDI Act by an instrument deposited on the SA Planning database (in accordance with requirements established by the Chief Executive).
12. Entities Constituting Relevant Authorities NOT DELEGATED TO CEO
12.1 The power pursuant to Section 82(d) of the PDI Act, subject to the PDI Act, to appoint an assessment panel.
13. Panels Established by Joint Planning Boards or Councils
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
13.1 The power pursuant to Section 83(1) of the PDI Act in relation to NOT DELEGATED TO CEO an assessment panel appointed by the Council under Division 1 of Part 6 of the PDI Act, to:
13.1.1 appoint more than 1 assessment panel and if the delegate does so, to clearly specify which class of development each assessment panel is to assess;
13.1.2 determine:
13.1.2.1 the membership of the assessment panel, being no more than 5 members, only 1 of which may be a member of a council, and, if the delegate thinks fit, on the basis that the assessment panel will be constituted by a different number of members depending on the particular class of development that is being assessed by the assessment panel; and
13.1.2.2 the procedures to be followed with respect to the appointment of members; and
13.1.2.3 the terms of office of members; and
13.1.2.4 conditions of appointment of members, or the method by which those conditions will be determined, (including as to their remuneration) and the grounds on which, and the procedures by which, a member may be removed from office; and
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
13.1.2.5 the appointment of deputy members; and
13.1.2.6 who will act as the presiding member of the panel and the process for appointing an acting presiding member.
13.2 The power pursuant to Section 83(1)(h) of the PDI Act to arrange the staffing and support required for the purposes of the operations of the panel.
13.3 The power pursuant to Section 83(1)(i) of the PDI Act to substitute NOT DELEGATED TO CEO the existing members of the panel with new members if directed to do so by the Minister acting on recommendation of the Commission under Section 86 of the PDI Act.
13.4 The power pursuant to Section 83(2) of the PDI Act to form the NOT DELEGATED TO CEO opinion and be satisfied that a person to be appointed as a member of an assessment panel who is a member, or former member, of a council is appropriately qualified to act as a member of the assessment panel on account of the person’s experience in local government.
14. Panels Established by Minister NOT DELEGATED TO CEO
14.1 The power pursuant to Section 84(1)(c)(ii)(A) of the PDI Act to request the Minister to constitute a regional assessment panel in relation to the combined areas of the Council and one or more other councils.
14.2 The power pursuant to Section 84(1)(c)(ii)(B) of the PDI Act to make submissions to the Minister about the constitution of a
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
regional assessment panel in relation to the area of the Council and one or more other councils (or parts of such areas).
15. Substitution of Local Panels NOT DELEGATED TO CEO
15.1 The power pursuant to Section 86(2)(a) of the PDI Act to make submissions to the Commission in relation to an inquiry.
16. Notification of Acting Manager Planning and Compliance
16.1 The power pursuant to Section 89(b) of the PDI Act to require an accredited professional to provide such information or documentation as the delegate may require.
17. Relevant Authority - Commission NOT DELEGATED TO CEO
17.1 The power pursuant to Section 94(1)(g) of the PDI Act to make a request to the Minister that the Minister declare, by notice served on the proponent, that the Minister desires the Commission to act as the relevant authority in relation to the proposed development.
18. Matters Against which Development Must be Assessed NOT DELEGATED TO CEO
18.1 The power pursuant to Section 102(1)(c)(iv) of the PDI Act in relation to a proposed division of land (otherwise than under the Community Titles Act 1996 or the Strata Titles Act 1988) where land is to be vested in the Council, to consent to the vesting.
18.2 The power pursuant to Section 102(1)(d)(iv) of the PDI Act in relation to a proposed division of land under the Community Titles Act 1996 or the Strata Titles Act 1988 where land is to be vested
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
in the Council, to consent to the vesting.
18.3 The power pursuant to Section 102(11)(b) of the PDI Act to impose a reasonable charge on account of an encroachment over land under the care, control and management of the Council when the relevant development is undertaken.
19. Restricted Development
19.1 The power pursuant to Section 110(2)(b) of the PDI Act to, in NOT DELEGATED TO CEO accordance with the regulations and within a period prescribed by the regulations, make representations to the Commission in relation to the granting or refusal of planning consent.
19.2 The power pursuant to Section 110(c)(ii) of the PDI Act to appear personally or by representative before the Commission to be heard in support of the Council’s representation.
19.3 The power pursuant to Section 110(7) of the PDI Act to appeal NOT DELEGATED TO CEO against a decision on a development classified as restricted development.
20. Level of Detail
20.1 The power pursuant to Section 112(b) of the PDI Act to express views in relation to the level of detail required in relation to an EIS.
21. EIS Process
21.1 The power pursuant to Section 113(5)(a)(iii) of the PDI Act to comment and report within the time prescribed by the regulations
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
on an EIS referred to the Council by the Minister.
22. Amendment of EIS
22.1 The power pursuant to Section 114(2)(b) of the PDI Act to make written submissions on the amendment to the Minister.
23. Essential Infrastructure – Alternative Assessment Process
23.1 The power pursuant to Section 130(6) of the PDI Act to report to the Commission on any matters contained in a notice under Section 130(5) of the PDI Act.
23.2 The power pursuant to Section 130(14) of the PDI Act to, if the Council has, in relation to any matters referred to the Council under Section 130(5) of the PDI Act, expressed opposition to the proposed development in its report under Section 130(6) of the PDI Act, withdraw the Council’s opposition.
24. Development Assessment – Crown Development
24.1 The power pursuant to Section 131(7) of the PDI Act to report to the Commission on any matters contained in a notice under Section 131(6) of the PDI Act.
24.2 The power pursuant to Section 131(15) of the PDI Act to, if the Council has, in relation to any matters referred to the Council under Section 131(6) of the PDI Act expressed opposition to the proposed development in its report under Section 131(7) of the PDI Act, withdraw the Council’s opposition.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
25. Land Division Certificate Manager Planning and Compliance
25.1 The power pursuant to Section 138(1) of the PDI Act to enter into a binding agreement supported by adequate security and if the regulations so require in a form prescribed by the regulations.
25.2 The power pursuant to Section 138(2) of the PDI Act to furnish the Commission with appropriate information as to compliance with a particular condition and to comply with any requirement prescribed by the regulations.
26. Action if Development Not Completed
26.1 The power pursuant to Section 141(1) of the PDI Act, if:
26.1.1 an approval is granted under the PDI Act; but
26.1.2 -
26.1.2.1 the development to which the approval relates has been commenced but not substantially completed within the period prescribed by the regulations for the lapse of the approval; or
26.1.2.2 in the case of a development that is envisaged to be undertaken in stages - the development is not undertaken or substantially completed in the manner or within the period contemplated by the approval,
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
to apply to the Court for an order under Section 141 of the PDI Act.
26.1.3 The power pursuant to Section 141(5) of the PDI Act, if the Court makes an order under Section 141(3)(a), (b) or (d) of the PDI Act and a person fails to comply with the order within the period specified by the Court, to cause any work contemplated by the order to be carried out, and to recover the costs of that work, as a debt from the person.
26.1.4 The power pursuant to Section 141(6) of the PDI Act, if Director Corporate Services an amount is recoverable from a person by the Council under Section 141(5) of the PDI Act:
26.1.4.1 to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.
27. Completion of Work
27.1 The power pursuant to Section 142(1) of the PDI Act, if: Manager Planning and Compliance
27.1.1 an approval is granted under the PDI Act; but
27.1.2 the development to which the approval relates has been substantially but not fully completed within the period prescribed by the regulations for the lapse of the approval,
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
to, by notice in writing, require the owner of the relevant land to complete the development within a period specified in the notice.
27.2 The power pursuant to Section 142(2) of the PDI Act, if an owner Manager Planning and Compliance fails to carry out work as required by a notice under Section 142(1) of the PDI Act, to cause the necessary work to be carried out.
27.3 The power pursuant to Section 142(3) of the PDI Act to recover as Director Corporate Services a debt due from the owner, the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 142 of the PDI Act.
27.4 The power pursuant to Section 142(4) of the PDI Act, if an amount Director Corporate Services is recoverable from a person by the Council under Section 142 of the PDI Act:
27.4.1 to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.
28. Notification During Building Manager Planning and Compliance
28.1 The power pursuant to Section 146(3) of the PDI Act to, subject to Section 146(4) of the PDI Act, direct a person who is carrying out building work to stop building work when a mandatory notification stage has been reached pending an inspection by an authorised officer who holds prescribed qualifications.
29. Classification of Buildings Manager Planning and Compliance
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
29.1 The power pursuant to Section 151(2) of the PDI Act to assign to a building erected in the Council’s area a classification that conforms with the regulations.
29.2 The power pursuant to Section 151(3) of the PDI Act, if the Council assigns a classification under Section 151 of the PDI Act, to give notice in writing to the owner of the building to which the classification has been assigned, of the classification assigned to the building.
30. Certificates of Occupancy Manager Planning and Compliance (except 29.3)
30.1 The power pursuant to Section 152(2) of the PDI Act to issue a certificate of occupancy.
30.2 The power pursuant to Section 152(3)(a) of the PDI Act to require an application for a certificate of occupancy to include any information required by the delegate.
30.3 The power pursuant to Section 152(3)(c) of the PDI Act to determine the appropriate fee.
30.4 The power pursuant to Section 152(5) of the PDI Act to consider any report supplied under Section 152(4) of the PDI Act before deciding the application.
30.5 The power pursuant to Section 152(6) of the PDI Act to issue the certificate if the delegate is satisfied (in accordance with procedures set out in the regulations and on the basis of information provided or obtained under Section 152 of the PDI Act) that the relevant building is suitable for occupation and
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
complies with such requirements as may be prescribed by the regulations for the purposes of Section 152(6) of the PDI Act.
30.6 The power pursuant to Section 152(10) of the PDI Act, if the Council refuses an application to notify the applicant in writing of:
30.6.1 the refusal; and
30.6.2 the reasons for the refusal; and
30.6.3 the applicant’s right of appeal under the PDI Act.
30.7 The power pursuant to Section 152(12) of the PDI Act to issue a certificate of occupancy that applies to the whole or part of a building.
30.8 The power pursuant to Section 152(13) of the PDI Act to, in accordance with the regulations, revoke a certificate of occupancy in prescribed circumstances.
31. Temporary Occupation Manager Planning and Compliance
31.1 The power pursuant to Section 153(1) of the PDI Act to grant an approval to a person to occupy a building on a temporary basis without a certificate of occupancy.
31.2 The power pursuant to Section 153(2) of the PDI Act to grant an approval under Section 153(1) of the PDI Act on such conditions (if any) as the delegate thinks fit to impose.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
31.3 The power pursuant to Section 153(3) of the PDI Act if the Council refuses an application to notify the applicant in writing of:
31.3.1 the refusal; and
31.3.2 the reasons for the refusal; and
31.3.3 the applicant’s right of appeal under the PDI Act.
32. Emergency Orders Manager Planning and Compliance
32.1 The power pursuant to Section 155(5) of the PDI Act, if an owner fails to carry out work as required by an emergency order, to cause the necessary work to be carried out.
32.2 The power pursuant to Section 155(6) of the PDI Act to recover as a debt due from the owner the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 155 of the PDI Act.
32.3 The power pursuant to Section 155(7) of the PDI Act, if an amount is recoverable from a person by the Council under Section 155 of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.
33. Fire Safety
33.1 The power pursuant to Section 157(16) of the PDI Act to establish a body and designate it as an appropriate authority under Section
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
157 of the PDI Act.
33.2 The power pursuant to Section 157(17) of the PDI Act to:
33.2.1 appoint to the appropriate authority:
33.2.1.1 a person who holds prescribed qualifications in building surveying; and
33.2.1.2 an authorised officer under Part 3 Division 5 or Section 86 of the Fire and Emergency Services Act 2005 who has been approved by the Chief Officer of the relevant fire authority to participate as a member of the appropriate authority; and
33.2.1.3 a person with expertise in the area of fire safety; and
33.2.1.4 if so determined by the delegate, a person selected by the delegate;
33.2.2 specify a term of office of a member of the appropriate authority (other than a member under Section 157(17)(a)(ii) of the PDI Act;
33.2.3 remove a member of the appropriate authority from office for any reasonable cause;
33.2.4 appoint deputy members;
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
33.2.5 determine the appropriate authority’s procedures (including as to quorum).
34. Initiation of Scheme NOT DELEGATED TO CEO
34.1 The power pursuant to Section 163(3)(b) of the PDI Act to request the Minister initiate a proposal to proceed under Section 163 of the PDI Act.
34.2 The power pursuant to Section 163(10) of the PDI Act to make submissions to the Minister in relation to the draft outline.
35. Initiation of Scheme NOT DELEGATED TO CEO
35.1 The power pursuant to Section 164(3) of the PDI Act to request the Minister initiate a proposal to proceed under Section 164 of the PDI Act.
35.2 The power pursuant to Section 164(12) of the PDI Act to make submissions to the Minister in relation to the draft outline.
36. Consideration of Proposed Scheme
36.1 The power pursuant to Section 166(1)(c) of the PDI Act to consult with a scheme coordinator in relation to a scheme in accordance with the Community Engagement Charter.
37. Adoption of Scheme
37.1 The power pursuant to Section 167(7) of the PDI Act to make submissions to the Minister in relation to a variation to an outline
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
of a scheme.
38. Funding Arrangements
38.1 The power pursuant to Section 169(2)(b) of the PDI Act in relation to a scheme that provides for the collection of contributions under Subdivision 8 of the PDI Act to apply for any matter to be considered or determined by ESCOSA or some other prescribed person or body as part of a periodic review of the levels and amounts of those contributions.
38.2 The power pursuant to Section 169(9) of the PDI Act to make submissions to the Commission in relation to a funding arrangement that is specifically relevant to the Council.
39. Contributions by Constituent Councils
39.1 The power pursuant to Section 177(4) of the PDI Act to make submissions to the Minister in relation to the Council’s share.
39.2 The power pursuant to Section 177(5) of the PDI Act to, at the request of the Minister, supply the Minister with information in the possession of the Council to enable the Minister to determine shares under Sections 177(2) and (3) of the PDI Act.
40. Imposition of Charge by Councils
40.1 The power pursuant to Section 180(7) of the PDI Act, if the Council incurs costs in recovering a charge as a debt, to claim the reimbursement of those costs (insofar as they are reasonable) from the relevant fund established under subdivision 9, Division 1,
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
Part 13 of the PDI Act.
41. Authorised Works Manager Planning and Compliance
Director Operations
Manager Operations
41.1 The power pursuant to Section 187(1) of the PDI Act, subject to Section 187(3) of the PDI Act, to carry out any infrastructure works if the Council is authorised to so do by or under the PDI Act or any other Act.
41.2 The power pursuant to Section 187(5) of the PDI Act, subject to Section 187(6) of the PDI Act, to in relation to a proposal that involves disturbing the surface of a road, or that otherwise relates to a road to:
41.2.1 inform the relevant road maintenance authority of the proposal at least 28 days before the proposed commencement of any work; and
41.2.2 give the relevant road maintenance authority a reasonable opportunity to consult with the Council in relation to the matter; and
41.2.3 ensure that proper consideration is given to the views of the road maintenance authority.
41.3 The power pursuant to Section 187(5)(b) of the PDI Act to make
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
submissions to the designated entity in relation to the matter.
41.4 The power pursuant to Section 187(6) of the PDI Act, in a case of emergency, to only comply with Section 187(5) of the PDI Act to such extent as is practicable in the circumstances.
42. Entry onto Land Manager Planning and Compliance
Director Operations
Manager Operations
42.1 The power pursuant to Section 188(1) of the PDI Act to authorise a person for the purpose of undertaking any work or activity in connection with the exercise of a power under Division 2 of Part 13 of the PDI Act to:
42.1.1 enter and pass over any land; and
42.1.2 bring onto any land any vehicles, plant or equipment; and
42.1.3 temporarily occupy land; and
42.1.4 do anything else reasonably required in connection with the exercise of the power.
42.2 The power pursuant to Section 188(4) of the PDI Act to pay NOT DELEGATED TO CEO reasonable compensation on account of any loss or damage caused by the exercise of a power under Section 188(1) of the PDI Act.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
43. Acquisition of Land NOT DELEGATED TO CEO
43.1 The power pursuant to Section 189(1) of the PDI Act, to:
43.1.1 seek the consent of the Minister to acquire land for a purpose associated with infrastructure works under and in accordance with the Land Acquisition Act 1969; and
43.1.2 with the consent of the Minister, acquire land for a purpose associated with infrastructure works under and in accordance with the Land Acquisition Act 1969.
44. Land Management Agreements
44.1 The power pursuant to Section 192(1) of the PDI Act to enter into NOT DELEGATED TO CEO an agreement relating to the development, management, preservation or conservation of land with the owner of the land or a designated entity.
44.2 The power pursuant to Section 192(2) of the PDI Act to enter into NOT DELEGATED TO CEO an agreement relating to the management, preservation or conservation of the land with a greenway authority.
44.3 The power pursuant to Section 192(4) of the PDI Act in considering whether to enter into an agreement under Section 192 of the PDI Act which relates to the development of land and, if such an agreement is to be entered into, in considering the terms of the agreement, to have regard to:
44.3.1 the provisions of the Planning and Design Code and to any relevant development authorisation under the PDI
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
Act; and
44.3.2 the principle that the entering into of an agreement under Section 192 of the PDI Act by the Council should not be used as a substitute to proceeding with an amendment to the Planning and Design Code under the PDI Act.
44.4 The power pursuant to Section 192(5) of the PDI Act to register agreements entered into under Section 192 of the PDI Act in accordance with the regulations.
44.5 The power pursuant to Section 192(8) of the PDI Act to carry out on private land any work for which provision is made by agreement under Section 192 of the PDI Act.
44.6 The power pursuant to Section 192(9) of the PDI Act to include in NOT DELEGATED TO CEO an agreement under Section 192 of the PDI Act an indemnity from a specified form of liability or right of action, a waiver or exclusion of a specified form of liability or right of action, an acknowledgment of liability, or a disclaimer, on the part of a party to the agreement.
44.7 The power pursuant to Section 192(10) of the PDI Act to express NOT DELEGATED TO CEO a provision under Section 192(9) of the PDI Act as extending to, or being for the benefit of, a person or body who or which is not a party to the agreement.
44.8 The power pursuant to Section 192(11) of the PDI Act to consent NOT DELEGATED TO CEO to the owner of land entering into an agreement under Section 192 of the PDI Act where the Council has a legal interest in the land.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
44.9 The power pursuant to Section 192(12) of the PDI Act to apply to Director Corporate Service the Registrar-General, to note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.
44.10 The power pursuant to Section 192(15) of the PDI Act to apply to Director Corporate Service the Registrar-General in relation to an agreement to which a note has been made under Section 192 of the PDI Act that has been rescinded or amended, to enter a note of the recission or amendment against the instrument of title, or against the land.
44.11 The power pursuant to Section 192(16) of the PDI Act to provide NOT DELEGATED TO CEO in an agreement under Section 192 of the PDI Act for remission of rates or taxes on the land.
44.12 The power pursuant to Section 192(17) of the PDI Act to seek the NOT DELEGATED TO CEO Minister’s consent to providing in an agreement under Section 192 of the PDI Act entered into by the Council for the remission of rates or taxes payable to the Crown.
44.13 The power pursuant to Section 192(17) of the PDI Act to consent NOT DELEGATED TO CEO to an agreement entered into by the Minister under Section 192 of the PDI Act, providing for the remission of rates or taxes payable to the Council.
44.14 The power pursuant to Section 192(18) of the PDI Act to take into Manager Planning and Compliance account the existence of an agreement under Section 192 of the PDI Act when assessing an application for a development authorisation under the PDI Act.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
45. Land Management Agreements – Development Applications
45.1 The power pursuant to Section 193(1) of the PDI Act to, subject to NOT DELEGATED TO CEO Section 193 of the PDI Act, enter into an agreement under Section 193 of the PDI Act with a person who is applying for a development authorisation under the PDI Act that will, in the event that the relevant development is approved, bind:
45.1.1 the person; and
45.1.2 any other person who has the benefit of the development authorisation; and
45.1.3 the owner of the relevant land (if he or she is not within the ambit of Sections 193(a) or (b) of the PDI Act and if the other requirements of Section 193 of the PDI Act are satisfied).
45.2 The power pursuant to Section 193(2) of the PDI Act to enter into NOT DELEGATED TO CEO an agreement under Section 193 of the PDI Act in relation to any matter that the delegate agrees is relevant to the proposed development (including a matter that is not necessarily relevant to the assessment of the development under the PDI Act).
45.3 The power pursuant to Section 193(3) of the PDI Act to have regard to:
45.3.1 the provisions of the Planning and Design Code; and
45.3.2 the principle that the entering into of an agreement under Section 193 of the PDI Act by the Council should not be
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
used as a substitute to proceeding with an amendment to the Planning and Design Code under the PDI Act.
45.4 The power pursuant to Section 193(5) of the PDI Act to register Manger Planning and Compliance agreements entered into under Section 193 of the PDI Act in accordance with the regulations. Director Corporate Services
45.5 The power pursuant to Section 193(10) of the PDI Act to consent Director Corporate Services to an application to note the agreement against the relevant instrument of title or the land.
45.6 The power pursuant to Section 193(11) of the PDI Act to consent NOT DELEGATED TO CEO to an owner of land entering into an agreement or giving a consent under Section 192(10) of the PDI Act where the Council has a legal interest in the land.
45.7 The power pursuant to Section 193(13) of the PDI Act to apply to Director Corporate Services the Registrar-General to note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.
45.8 The power pursuant to Section 193(15) of the PDI Act to apply to Director Corporate Services the Registrar-General in relation to an agreement under Section 193 that has been rescinded or amended, to enter a note of the rescission or amendment against the instrument of title, or against the land.
45.9 The power pursuant to Section 193(16) of the PDI Act, if an Manager Planning and Compliance agreement under Section 193 of the PDI Act does not have effect under Section 193 of the PDI Act within the period prescribed by the regulations, to by notice given in accordance with the
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
regulations, lapse the relevant development approval.
46. Off-setting Contributions
46.1 The power pursuant to Section 197(1)(b) of the PDI Act to seek NOT DELEGATED TO CEO the approval of the Minister to act under Section 197 of the PDI Act.
46.2 The power pursuant to Section 197(2) of the PDI Act to establish a NOT DELEGATED TO CEO scheme under Section 197 of the PDI Act that is designed to support or facilitate:
46.2.1 development that may be in the public interest or otherwise considered by the delegate as being appropriate in particular circumstances (including by the provision of facilities at a different site); or
46.2.2 planning or development initiatives that will further the objects of the PDI Act or support the principles that relate to the planning system established by the PDI Act; or
46.2.3 any other initiative or policy:
46.2.3.1 designated by the Planning and Design Code for the purposes of Section 197(2)(c)(i) of the PDI Act;
46.2.3.2 prescribed by the regulations for the purposes of Section 197(2)(c)(ii) of the PDI Act.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
46.3 The power pursuant to Section 197(3) of the PDI Act to include in NOT DELEGATED TO CEO a scheme established under Section 197 of the PDI Act:
46.3.1 an ability or requirement for a person who is proposing to undertake development (or who has the benefit of an approval under the PDI Act):
46.3.1.1 to make a contribution to a fund established as part of the scheme; or
46.3.1.2 to undertake work or to achieve some other goal or outcome (on an ‘in kind’ basis); or
46.3.1.3 to proceed under a combination of Sections 197(3)(a)(i) and (ii) of the PDI Act,
in order to provide for or address a particular matter identified by the scheme; and
46.3.2 an ability for a provision of the Planning and Design Code to apply with a specified variation under the terms of the scheme; and
46.3.3 an ability for any relevant authority to act under or in connection with Sections 197(3)(a) or (b) of the PDI Act.
46.4 The power pursuant to Section 197(4)(b) of the PDI Act to apply Director Corporate Services the fund towards the purposes of the scheme in accordance with any directions or approvals of the Treasurer made or given after consultation with the Minister.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
46.5 The power pursuant to Section 197(4)(c) of the PDI Act to invest Director Corporate Services money that is not immediately required for the purposes of the fund in accordance with provisions included in the scheme.
46.6 The power pursuant to Section 197(7) of the PDI Act to: NOT DELEGATED TO CEO
46.6.1 seek the approval of the Minister to vary or wind up a scheme under Section 197 of the PDI Act; and
46.6.2 to vary or wind up a scheme under Section 197 of the PDI Act with the approval of the Minister.
47. Open Space Contribution Scheme
47.1 The power pursuant to Section 198(1) of the PDI Act, where an NOT DELEGATED TO CEO application for a development authorisation provides for the division of land in the Council’s area into more than 20 allotments, and 1 or more allotments is less than 1 hectare in area to require:
47.1.1 that up to 12.5% in area of the relevant area be vested in the Council to be held as open space; or
47.1.2 that the applicant make the contribution prescribed by the regulations in accordance with the requirements of Section 198 of the PDI Act; or
47.1.3 that land be vested in the Council under Section 198(1)(c) of the PDI Act and that the applicant make a contribution determined in accordance with Section 198(8) of the PDI Act,
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
according to the determination and specification of the delegate, and to have regard to any relevant provision of the Planning and Design Code that designates land as open space and to seek the concurrence of the Commission to taking any action that is at variance with the Planning and Design Code.
47.2 The power pursuant to Section 198(3) of the PDI Act to enter into NOT DELEGATED TO CEO an agreement referred to in Section 198(2)(d) of the PDI Act.
47.3 The power pursuant to Section 198(4)(a) of the PDI Act to concur NOT DELEGATED TO CEO with an area being vested in the Council.
47.4 The power pursuant to Section 198(11) of the PDI Act in relation Director Corporate Services to money received under Section 198 of the PDI Act to immediately pay it into a fund established for the purposes of Section 198 of the PDI Act and apply it for the purpose of acquiring or developing land as open space.
47.5 The power pursuant to Section 198(12) of the PDI Act to form the opinion that the division of land is being undertaken in stages.
48. Urban Trees Fund
48.1 The power pursuant to Section 200(1) of the PDI Act to, NOT DELEGATED TO CEO
48.1.1 seek the approval of the Minister to establish a fund (an urban trees fund) for an area designated by the delegate; and
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
48.1.2 to, with the approval of the Minister establish a fund (an urban trees fund) for an area designed by the delegate (a designated area).
48.2 The power pursuant to Section 200(2) of the PDI Act to effect the establishing of the fund by notice published in the Gazette.
48.3 The power pursuant to Section 200(3) of the PDI Act to define a designated area by reference to an area established by the Planning and Design Code.
48.4 The power pursuant to Section 200(5) of the PDI Act to invest any Director Corporate Services money in an urban trees fund that is not immediately required for the purpose of the fund and to pay any resultant income into the fund.
48.5 The power pursuant to Section 200(6) of the PDI Act to apply NOT DELEGATED TO CEO money standing to the credit of an urban trees fund:
48.5.1 to maintain or plant trees in the designated area which are or will (when fully grown) constitute significant trees under the PDI Act; or
48.5.2 to purchase land within the designated area in order to maintain or plant trees which are or will (when fully grown) constitute significant trees under the PDI Act.
48.6 The power pursuant to Section 200(7) of the PDI Act if, the NOT DELEGATED TO CEO Council subsequently sells land purchased under Section 200(6)(b) of the PDI Act, to pay the proceeds of sale into an urban trees fund maintained by the Council under Section 200 of the PDI
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
Act, subject to the qualifications in Sections 200(7)(a) and (b).
49. Appointment of Authorised Officers
49.1 The power pursuant to Section 210(1) of the PDI Act to:
49.1.1 appoint a person to be an authorised officer for the purposes of the PDI Act; and
49.1.2 appoint a person who holds the qualifications prescribed by the regulations to be an authorised officer for the purposes of the PDI Act if the Council is required to do so by the regulations.
49.2 The power pursuant to Section 210(2) of the PDI Act to make an appointment of an authorised officer subject to conditions.
49.3 The power pursuant to Section 210(3) of the PDI Act to issue each authorised officer an identity card:
49.3.1 containing a photograph of the authorised officer; and
49.3.2 stating any conditions of appointment limiting the authorised officer's appointment.
49.4 The power pursuant to Section 210(5) of the PDI Act to, at any time, revoke an appointment which the Council has made, or vary or revoke a condition of such an appointment or impose a further such condition.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
50. Enforcement Notices
50.1 The power pursuant to Section 213(1) of the PDI Act, if the Manager Planning and Compliance delegate has reason to believe on reasonable grounds that a person has breached the PDI Act or the repealed Act, to do such Planning Officer of the following as the delegate considers necessary or appropriate in the circumstances:
50.1.1 direct a person to refrain, either for a specified period or until further notice, from the PDI Act, or course of action, that constitutes the breach;
50.1.2 direct a person to make good any breach in a manner, and within a period, specified by the delegate;
50.1.3 take such urgent action as is required because of any situation resulting from the breach.
50.2 The power pursuant to Section 213(2) of the PDI Act to give a Manager Planning and Compliance direction under Section 213(1) of the PDI Act by notice in writing unless the delegate considers that the direction is urgently required.
50.3 The power pursuant to Section 213(5) of the PDI Act, if a person Manager Planning and Compliance fails to comply with a direction under Section 213(1)(b) of the PDI Act within the time specified in the notice, to cause the necessary action to be taken.
50.4 The power pursuant to Section 213(6) of the PDI Act to recover Director Corporate Services the reasonable costs and expenses incurred by the Council (or any person acting on behalf of the Council) under Section 213 of
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
the PDI Act, as a debt due from the person whose failure gave rise to the PDI Action
50.5 The power pursuant to Section 213(7) of the PDI Act, if an amount Director Corporate Services is recoverable from a person by the Council under Section 213 of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.
51. Applications to Court
51.1 The power pursuant to Section 214(1) of the PDI Act to apply to the Court for an order to remedy or restrain a breach of the PDI Act or the repealed Act.
51.2 The power pursuant to Section 214(2) of the PDI Act to consent to proceedings under Section 214 of the PDI Act being brought in a representative capacity on behalf of the Council.
51.3 The power pursuant to Section 214(4) of the PDI Act to make an application without notice to any person and to make an application to the Court to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under Section 214 of the PDI Act.
51.4 The power pursuant to Section 214(6) of the PDI Act to make submissions to the Court on the subject matter of the proceedings.
51.5 The power pursuant to Section 214(9) of the PDI Act to appear before a final order is made and be heard in proceedings based
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
on the application.
51.6 The power pursuant to Section 214(10) of the PDI Act to make an application to the Court to make an interim order under Section 214 of the PDI Act.
51.7 The power pursuant to Section 214(11) of the PDI Act to make an application for an interim order without notice to any person.
51.8 The power pursuant to Section 214(12) of the PDI Act, if the Court makes an order under Section 214(6)(d) of the PDI Act and the respondent fails to comply with the order within the period specified by the Court, to cause any work contemplated by the order to be carried out, and recover the costs of that work, as a debt, from the respondent
51.9 The power pursuant to Section 214(13) of the PDI Act, if an amount is recoverable from a person by the Council under Section 214(12) of the PDI Act to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.
51.10 The power pursuant to Section 214(17) of the PDI Act to apply to the Court to vary or revoke an order previously made under Section 214 of the PDI Act.
52. Proceedings for Offences
52.1 The power pursuant to Section 219(1) of the PDI Act to commence proceedings for an offence against the PDI Act.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
53. Adverse Publicity Orders
53.1 The power pursuant to Section 223(2) of the PDI Act to make an application to the Court for an adverse publicity order.
53.2 The power pursuant to Section 223(4) of the PDI Act, if the offender fails to give evidence to the Council in accordance with Section 224(1)(b) of the PDI Act to:
53.2.1 take the PDI Action or actions specified in the order; and
53.2.2 authorise a person in writing to take the PDI Action or actions specified in the order.
53.3 The power pursuant to Section 223(5) of the PDI Act, if:
53.3.1 the offender gives evidence to the Council in accordance with Section 223(1)(b) of the PDI Act; and
53.3.2 despite the evidence, the delegate is not satisfied that the offender has taken the PDI Action or actions specified in the order in accordance with the order,
to apply to the court for an order authorising the Council, or a person authorised in writing by the Council, to take the PDI Action or actions and to authorise a person in writing to take the PDI Action or actions.
53.4 The power pursuant to Section 223(6) of the PDI Act, if the Council, or a person authorised in writing by the Council, takes an action or actions in accordance with Section 223(4) of the PDI Act
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
or an order under Section 223(5) of the PDI Act, to recover from the offender an amount in relation to the reasonable expenses of taking the PDI Action or actions, as a debt, due to the Council.
54. Civil Penalties
54.1 The power pursuant to Section 225(1) of the PDI Act, subject to Section 225 of the PDI Act, if the delegate is satisfied that a person has committed an offence by contravening a provision of the PDI Act, to, as an alternative to criminal proceedings, recover, by negotiation or by application to the Court, an amount as a civil penalty in respect of the contravention.
54.2 The power pursuant to Section 225(2) of the PDI Act, in respect of a contravention where the relevant offence does not require proof of intention or some other state of mind, to determine whether to initiate proceedings for an offence or take action under Section 225 of the PDI Act, having regard to the seriousness of the contravention, the previous record of the offender and any other relevant factors.
54.3 The power pursuant to Section 225(3) of the PDI Act to serve on the person a notice in the prescribed form advising the person that the person may, by written notice to the Council, elect to be prosecuted for the contravention.
54.4 The power pursuant to Section 225(13) of the PDI Act to seek the authorisation of the Attorney-General to the commencement of proceedings for an order under Section 225 of the PDI Act.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
54.5 The power pursuant to Section 225(17) of the PDI Act to seek an authorisation from the Commission for the Council to act under Section 225 of the PDI Act.
55. Make Good Order
55.1 The power pursuant to Section 228(7) of the PDI Act to apply to the Court to vary or revoke an order under Section 228 of the PDI Act.
56. Recovery of Economic Benefit
56.1 The power pursuant to Section 229(5) of the PDI Act to apply an amount paid to the Council in accordance with an order under Section 229(1) of the PDI Act for the purpose of acquiring or developing land as open space and to hold it in a fund established for the purposes of Section 198 of the PDI Act.
57. Enforceable Voluntary Undertakings
57.1 The power pursuant to Section 230(1) of the PDI Act to accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of the PDI Act.
57.2 The power pursuant to Section 230(4) of the PDI Act if the delegate considers that a person has contravened an undertaking accepted by the Council, to apply to the Court for enforcement of the undertaking.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
57.3 The power pursuant to Section 230(7) of the PDI Act to agree in writing with a person who has made an undertaking to:
57.3.1 vary the undertaking; or
57.3.2 withdraw the undertaking.
57.4 The power pursuant to Section 230(11) of the PDI Act to accept an undertaking in respect of a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.
57.5 The power pursuant to Section 230(12) of the PDI Act if the delegate accepts an undertaking before the proceedings are finalised, to take all reasonable steps to have the proceedings discontinued as soon as possible.
57.6 The power pursuant to Section 230(14) of the PDI Act to seek an authorisation from the Commission for the Council to act under Section 230 of the PDI Act.
58. Advertisements
58.1 The power pursuant to Section 231(1) of the PDI Act, if, in the Manager Planning and Compliance opinion of the delegate, an advertisement or advertising hoarding:
58.1.1 disfigures the natural beauty of a locality or otherwise detracts from the amenity of a locality; or
58.1.2 is contrary to the character desired for a locality under the
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
Planning and Design Code,
to, by notice served in accordance with the regulations on the advertiser or the owner or occupier of the land on which the advertisement or advertising hoarding is situated, whether or not a development authorisation has been granted in respect of the advertisement or advertising hoarding, order that person to remove or obliterate the advertisement or to remove the advertising hoarding (or both) within a period specified in the notice (of at least 28 days from the date of service of the notice).
58.2 The power pursuant to Section 231(3) of the PDI Act if a person Manager Planning and Compliance on whom a notice is served under Section 231(1) of the PDI Act fails to comply with a notice within the time allowed in the notice to enter on the land and take the necessary steps for carrying out the requirements of the notice and to recover the costs of so doing, as a debt, from the person on whom the notice was served.
59. Professional Advice to be Obtained in Relation to Certain Matters
59.1 The power pursuant to Section 235(1) of the PDI Act, to, in the Manager Planning and Compliance exercise of a prescribed function, rely on a certificate of a person with prescribed qualifications.
59.2 The power pursuant to Section 235(2) of the PDI Act to seek and Manager Planning and Compliance consider the advice of a person with prescribed qualifications, or a person approved by the Minister for that purpose, in relation to a matter arising under the PDI Act that is declared by regulation to be a matter on which such advice should be sought.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
60. Charges on Land Manager Planning and Compliance
60.1 The power pursuant to Section 239(1) of the PDI Act if a charge on land is created under a provision of the PDI Act in favour of the Council, to deliver to the Registrar-General a notice in a form determined by the Registrar-General, setting out the amount of the charge and the land over which the charge is claimed.
60.2 The power pursuant to Section 239(6) of the PDI Act if a charge in the Council’s favour exists and the amount to which the charge relates is paid, to by notice to the appropriate authority in a form determined by the Registrar-General, apply for the discharge of the charge.
61. Registering Authorities to Note Transfer
61.1 The power pursuant to Section 240(1) of the PDI Act to apply to the Registrar-General or another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, to register or record in an appropriate manner the transfer to the Council of an asset, right or liability by regulation, proclamation or notice under the PDI Act.
62. Reporting
62.1 The power pursuant to Clause 13(3)(b) of Schedule 2 of the PDI Act to require a report under Clause 13(2) of Schedule 2 of the PDI Act to contain any other information or report required by the delegate.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
63. Review of Performance
63.1 The power pursuant to Clause 3(3) of Schedule 4 of the PDI Act to explain the Council’s actions, and to make submissions (including, if relevant, an indication of undertakings that the Council is willing to give in order to take remedial action), to the Minister.
63.2 The power pursuant to Clause 3(14) of Schedule 4 of the PDI Act to make submissions to the Minister on the report on which the PDI Action to be taken by the Minister under Clause 3(13) of Schedule 4 of the PDI Act is based.
63.3 The power pursuant to Clause 3(15) of Schedule 4 of the PDI Act, if the Minister makes a recommendation to the Council under Clause 3(13)(a) of Schedule 4 of the PDI Act and the Minister subsequently considers that the Council has not, within a reasonable period, taken appropriate action in view of the recommendation, to make submissions to the Minister in relation to the directions of the Minister.
63.4 The power pursuant to Clause 3(16) of Schedule 4 of the PDI Act to comply with a direction under Clauses 3(13) or (15) of Schedule 4 of the PDI Act.
64. Planning and Design Code NOT DELEGATED TO CEO
64.1 The power pursuant to Clause 9(6)(a) of Schedule 8 of the PDI Act to apply to the Minister for approval to commence the process under Section 25 of the repealed Act.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
65. General Schemes
65.1 The power pursuant to Clause 30(3) of Schedule 8 of the PDI Act to request the Minister make a declaration under Clause 30(2) of Schedule 8 of the PDI Act in relation to a scheme.
PLANNING, DEVELOPMENT AND INFRASTRUCTURE (TRANSITIONAL PROVISIONS) REGULATIONS 2017
66. Adoption of DPAs
66.1 The power pursuant to Regulation 8(1)(c) of the Planning, Not applicable Development and Infrastructure (Transitional Provisions) Regulations 2017 (the Transitional Provisions Regulations) to apply to the Minister under Regulation 8 of the Transitional Provisions Regulations in accordance with any requirement determined by the Minister.
PLANNING, DEVELOPMENT AND INFRASTRUCTURE (GENERAL) REGULATIONS 2017
67. Mutual Liability Scheme – Rights of Indemnity
67.1 The power pursuant to Regulation 11B(1) of the Planning, Development and Infrastructure (General) Regulations 2019 (the General Regulations) to:
67.1.1 in being responsible under Section 83(1)(h)(ii) of the PDI Act for the costs and other liabilities associated with the
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
activities of an assessment panel appointed by the Council; and
67.1.2 in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under Section 84(1)(a) and (i) of the PDI Act,
have arrangements in place to indemnify the members of any such panel in respect of a claim against a member of the panel arising out of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the PDI Act in their role as a member of the panel.
67.2 The power pursuant to Regulation 11B(5) of the General Regulations to:
67.2.1 in being responsible under Section 87(f) of the PDI Act for the costs and other liabilities associated with the activities of an assessment manager for an assessment panel appointed by the Council; and
67.2.2 in being responsible for the costs associated with the activities of a regional assessment panel in accordance with a scheme set out in a notice under Section 87(1)(a) and (i) of the PDI Act,
have arrangements in place to indemnify an assessment manager for any such panel in respect of a claim against the assessment manager arising out of the performance, exercise or
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the PDI Act in their role as an assessment manager.
68. Performance Assessed Development and Restricted Development
68.1 The power pursuant to Regulation 47(4)(d) of the General Manager Planning and Compliance Regulations to determine the fee payable by the applicant as being appropriate to cover the reasonable costs of placing the notice on the land.
69. Underground Main Areas
69.1 The power pursuant to Regulation 78(1) of the General Regulations if the delegate considers an area should be declared an underground mains area to seek a report from the relevant electricity authority in relation to the matter.
69.2 The power pursuant to Regulation 78(2) of the General Regulations after having received and considered a report from the electricity authority to declare the area to be an underground mains area.
70. Width of Roads and Thoroughfares
70.1 The power pursuant to Regulation 81(4) of the General Regulations to dispense with a width prescribed by Regulations 81(1) or (3) of the General Regulations (and specify a different width) if the delegate is of the opinion that the width so prescribed is not necessary for the safe and convenient movement of
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
vehicles or pedestrians, or for underground services.
70.2 The power pursuant to Regulation 81(5) of the General Regulations to subject to Regulation 81(6) of the General Regulations specify the width of the road at the head of every cul- de-sac in such dimensions as may be acceptable to the delegate.
70.3 The power pursuant to Regulation 81(6) of the General Regulations to dispense with a requirement under Regulation 81(5) of the General Regulations if it appears to the delegate that the cul-de-sac is likely to become a through road.
71. Road Widening
71.1 The power pursuant to Regulation 82(1) of the PDI Act, subject to Regulation 82(2) of the General Regulations, if an existing road abuts land which is proposed to be divided, to form the view that the road should be widened in order to provide a road of adequate width having regard to existing and future requirements of the area.
72. Requirement as to Forming of Roads
72.1 The power pursuant to Regulation 83(1) of the General Regulations, subject to Regulation 83(2) of the General Regulations, to specify the width and manner of the formation of the roadway of every proposed road on a plan of division.
72.2 The power pursuant to Regulation 83(2) of the General Regulations to form the opinion that it is necessary to specify a width for a roadway to be formed under Regulation 83(1) in
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
excess of 7.4m, in view of the volume or type of traffic that is likely to traverse that road.
72.3 The power pursuant to Regulation 83(4) of the General Regulations, to dispense with the requirements under Regulation 83(3) of the General Regulations, if the delegate is of the opinion that the cul-de-sac is likely to become a through road.
72.4 The power pursuant to Regulation 83(5) of the General Regulations, subject to Regulation 83(6) of the General Regulations to require every footpath, water-table, kerbing, culvert and drain of every proposed road to be formed in a manner satisfactory to the delegate.
72.5 The power pursuant to Regulation 83(6) of the General Regulations, to dispense with a requirement under Regulation 83(5) of the General Regulations.
73. Construction of Roads, Bridges, Drains and Services
73.1 The power pursuant to Regulation 84(1) of the General Regulations to require the roadway of every proposed road within the relevant division to be constructed and paved and sealed with bitumen, tar or asphalt or other material approved by the delegate.
74. Supplementary Provisions
74.1 The power pursuant to Regulation 85(1) of the General Regulations to approve the road location and grading plan for the manner of forming any proposed road, footpath, water-table,
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
kerbing, culvert or drain required under Division 6 of the General Regulations.
74.2 The power pursuant to Regulation 85(2) of the General Regulations, subject to Regulation 85(4) of the General Regulations, to require all work referred to in Regulations 83 and 84 of the General Regulations to be carried out in a manner satisfactory to the delegate and in conformity with detailed construction plans and specifications signed by a professional engineer or, at the discretion of the delegate, a licensed surveyor, and approved by the delegate before the commencement of the work.
74.3 The power pursuant to Regulation 85(4) of the General Regulations to form the opinion that all connections for water supply and sewerage services to any allotment delineated on the plan which, in the opinion of the Chief Executive of the South Australian Water Corporation are necessary and need to be laid under the surface of the proposed road, have been made.
75. General Provisions
75.1 The power pursuant to Regulation 89(1) of the General Regulations to form the opinion that another form of arrangement is satisfactory for the purposes of Section 138(1) of the PDI Act.
75.2 The power pursuant to Regulation 89(3) of the General Regulations to provide a certificate which:
75.2.1 evidences the consent of the Council to an
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
encroachment by a building over other land; and
75.2.2 sets out:
75.2.2.1 the date on which any relevant building was erected (if known); and
75.2.2.2 the postal address of the site.
75.3 The power pursuant to Regulation 89(6)(b) of the General Regulations to request a written copy of the certificate and plan (or certificates and plans) referred to in Regulation 89(3) of the General Regulations.
76. Notifications During Building Work Manager Planning and Compliance
76.1 The power pursuant to Regulation 93(1)(b) of the General Regulations to specify by notice to the building owner and to the licensed building work contractor responsible for carrying out the relevant building work (if any), when development approval is granted in respect of the work, any stage of the building work to which the periods and stages prescribed for the purposes of Section 146(1) of the PDI Act relate.
76.2 The power pursuant to Regulation 93(1)(c) of the General Regulations to specify by notice in writing to the building owner on the granting of development approval in respect of the work any stage of the building work to which the periods and stages prescribed for the purposes of Section 146(1) of the PDI Act relate.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
77. Essential Safety Provisions Manager Planning and Compliance
77.1 The power pursuant to Regulation 94(13) of the General Regulations to require compliance with Regulation 94(10) of the General Regulations if:
77.1.1 the essential safety provisions were installed
77.1.1.1 under a condition attached to a consent or approval that is expressed to apply by virtue of a variance with the performance requirements of the Building Code; or
77.1.1.2 as part of a performance solution under the Building Code; or
77.1.2 the building has been the subject of a notice under Section 157 of the PDI Act.
78. Classification of Buildings Manager Planning and Compliance
78.1 The power pursuant to Regulation 102(3) of the General Regulations to require an application under Regulation 102(1) or (2) of the General Regulations to be accompanied by:
78.1.1 such details, particulars, plans, drawings, specifications, certificates and other documents as the delegate may reasonably require to determine the building's classification.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
78.2 The power pursuant to Regulation 102(4) of the General Regulations, to subject to Regulation 102(5) of the General Regulations, assign the appropriate classification under the Building Code to a building if the delegate is satisfied, on the basis of the owner's application, and accompanying documentation, that the building, in respect of the classification applied for, possesses the attributes appropriate to its present or intended use.
78.3 The power pursuant to Regulation 102(5) of the General Regulations, if an application under Regulation 102 of the General Regulations is made in respect of an existing Class 2 to Class 9 building, to require the applicant to satisfy the delegate that the provisions of any relevant Ministerial building standard relating to upgrading health and safety in existing buildings has been complied with (to the extent reasonably applicable to the building and its present or intended use).
78.4 The power pursuant to Regulation 102(6) of the General Regulations, on assigning a classification to a building (or part of a building) to, if relevant, determine and specify in the notice to the owner under Section 151(3) of the PDI Act:
78.4.1 the maximum number of persons who may occupy the building (or part of the building); and
78.4.2 if the building has more than 1 classification—the part or parts of the building to which each classification relates and the classifications currently assigned to the other parts of the building.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
79. Certificates of Occupancy Manager Planning and Compliance
79.1 The power pursuant to Regulation 103(2) of the General Regulations to, require the following documentation:
79.1.1 if the development has been approved subject to conditions, such evidence as the delegate may reasonably require to show that the conditions have been satisfied;
79.1.2 if the application relates to the construction or alteration of part of a building and further building work is envisaged in respect of the remainder of the building, such evidence as the delegate may reasonably require to show:
79.1.2.1 in the case of a building more than 1 storey - that the requirements of any relevant Ministerial building standard have been complied with; or
79.1.2.2 in any other case - that the building is suitable for occupation.
79.2 The power pursuant to Regulation 103(3) of the General Regulations, to, other than in relation to a designated building on which building work involving the use of a designated building product is carried out after 12 March 2018, dispense with the requirement to provide a Statement of Compliance under Regulation 103(2)(a) of the General Regulations if:
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
79.2.1 the delegate is satisfied that a person required to complete 1 or both parts of the statement has refused or failed to complete that part and that the person seeking the issuing of the certificate of occupancy has taken reasonable steps to obtain the relevant certification or certifications; and
79.2.2 it appears to the delegate, after undertaking an inspection, that the relevant building is suitable for occupation.
79.3 The power pursuant to Regulation 103(4) of the General Regulations if:
79.3.1 a building is:
79.3.1.1 to be equipped with a booster assembly for use by a fire authority; or
79.3.1.2 to have installed a fire alarm that transmits a signal to a fire station or to a monitoring service approved by the relevant authority; and
79.3.2 facilities for fire detection, fire fighting or the control of smoke must be installed in the building pursuant to an approval under the PDI Act,
to not grant a certificate of occupancy unless or until the delegate has sought a report from the fire authority as to whether those facilities have been installed and operate
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
satisfactorily and to seek such a report from the fire authority.
79.4 The power pursuant to Regulation 103(5) of the General Regulations if a report is not received from the fire authority within 15 business days, to presume that the fire authority does not desire to make a report.
79.5 The power pursuant to Regulation 103(6) of the General Regulations to have regard to any report received from a fire authority under Regulation 103(4) of the General Regulations before the delegate issues a certificate of occupancy.
79.6 The power pursuant to Regulation 103(6a) of the General Manager Planning and Compliance Regulations, on receipt of a notification of intended completion of building work under Regulation 93(1)(f) of the General Regulations, to determine that building work will be inspected by an authorised officer.
79.7 The power pursuant to Regulation 103(9) of the General Regulations to revoke a certificate of occupancy:
79.7.1 if:
79.7.1.1 there is a change in the use of the building; or
79.7.1.2 the classification of the building changes; or
79.7.1.3 building work involving an alteration or extension to the building that will increase the floor area of the building by more than 300m2
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
is about to commence, or is being or has been carried out; or
79.7.1.4 the building is about to undergo, or is undergoing or has undergone, major refurbishment,
and the delegate considers that in the circumstances the certificate should be revoked and a new certificate sought; or
79.7.2 if the delegate considers that the building is no longer suitable for occupation because of building work undertaken, or being undertaken, on the building, or because of some other circumstance; or
79.7.3 if a schedule of essential safety provisions has been issued in relation to the building and the owner of the building has failed to comply with the requirements of Regulation 94(10) of the General Regulations; or
79.7.4 if the delegate considers:
79.7.4.1 that a condition attached to a relevant development authorisation has not been met, or has been contravened, and that, in the circumstances, the certificate should be revoked; or
79.7.4.2 that a condition attached to the certificate of occupancy has not been met, or has been
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
contravened, or is no longer appropriate.
80. Mining Production Tenements NOT DELEGATED TO CEO
80.1 The power pursuant to Regulation 109(1)(b) of the General Regulations to make submissions to the appropriate Authority and object to the granting of the tenement.
81. Register of Land Management Agreements (Section 193)
81.1 The power pursuant to Regulation 111(2) of the General Regulations to establish a register of agreements entered into by the Council under Section 193 of the PDI Act.
81.2 The power pursuant to Regulation 111(3) of the General Regulations to include in a register, or provide access to a copy of each agreement entered into by the Council under Section 193 of the PDI Act and such other information the delegate considers appropriate.
82. Authorised Officers and Inspections
82.1 The power pursuant to Regulation 112(1) of the General Regulations to appoint at least 1 authorised officer under Section 210(1)(b) of the PDI Act:
82.1.1 who is an accredited professional who is:
82.1.1.1 an Accredited professional - building level 1; or
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
82.1.1.2 an Accredited professional - building level 2; or
82.1.1.3 an Accredited professional - building level 3; or
82.1.1.4 an Accredited professional - building level 4; or
82.1.2 who holds a current accreditation recognised by the Chief Executive for the purposes of this Regulation; or
82.1.3 who holds an approval from the Chief Executive.
PLANNING, DEVELOPMENT AND INFRASTRUCTURE (FEES, CHARGES AND CONTRIBUTIONS) REGULATIONS 2019
83. Calculation of Assessment of Fees Manager Planning and Compliance
Planning Officer
83.1 The power pursuant to Regulation 5(1) of the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019 (the Fees Regulations) in relation to an application which is duly lodged under a related set of regulations (including via the SA planning portal):
83.1.1 to require the applicant to provide such information as the delegate may reasonably require to calculate any fee payable under the Fees Regulations or a related set of
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
regulations; and
83.1.2 to make any other determination for the purposes of the Fees Regulations or a related set of regulations (even if the Council is not a relevant authority).
83.2 The power pursuant to Regulation 5(2) of the Fees Regulations, if the delegate acting under Regulation 5(1) of the Fees Regulations, believes that any information provided by an applicant is incomplete or inaccurate, to calculate any fee on the basis of estimates made by the delegate.
83.3 The power pursuant to Regulation 5(3) of the Fees Regulations to at any time, and despite an earlier calculation or acceptance of an amount in respect of the fee, reassess a fee payable under the Fees Regulations or a related set of Regulations.
84. Waiver or Refund of Fee Manager Planning and Compliance
84.1 The power pursuant to Regulation 7 of the Fees Regulations to, as the delegate considers appropriate to do so:
84.1.1 waive the payment of the fee, or the payment of part of the fee; or
84.1.2 refund the whole or a part of the fee.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
STATE PLANNING COMMISSION PRACTICE DIRECTION – 2 PREPARATION AND AMENDMENT OF DESIGNATED INSTRUMENTS
85. Requirements in Relation to Preparing an Engagement Plan Manager Planning and Compliance
Manager Governance and Community Development
Planning Officer
85.1 The power pursuant to clause 5(1) of the State Planning Commission Practice Direction – 2 Preparation and Amendment of Designated Instruments (PD2), to prepare a community engagement plan that:
85.1.1 meets the principles and performance outcomes of the Charter;
85.1.2 describes the persons or bodies to be consulted;
85.1.3 outlines any relevant previous engagement undertaken to inform the proposal;
85.1.4 describes the evaluation framework for the engagement.
85.2 The power pursuant to clause 5(2) of PD2 to submit the community engagement plan to the Commission for approval with the exception of an amendment to the Code and a Design Standard.
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
86. Requirements in Relation to Preparing an Engagement Report Manager Planning and Compliance Following Consultation Manager Governance and Community Development
Planning Officer
86.1 The power pursuant to clause 6(1) of PD2, at the completion of engagement on a draft of a proposal to prepare or amend a designated instrument to provide an engagement report to the Minister.
86.2 The power pursuant to clause 6(2) of PD2 to set out in the report:
86.2.1 details of the engagement undertaken and how that engagement met the agreed community engagement plan, and reasons for variations, if any to that plan;
86.2.2 the outcome of the engagement including a summary of the feedback made;
86.2.3 the response to the details of, and reasons for, changes to the proposal to prepare or amend a designated instrument when compared to the proposal that was engaged on, and to specifically indicate:
86.2.3.1 where changes are proposed to the designated instrument based on the engagement; and
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
86.2.3.2 any other changes proposed based on additional investigations or information not available when the proposal was released for engagement.
86.3 The power pursuant to clause 6(3) of PD2 to, in the engagement report also include an evaluation of the effectiveness of the engagement that considers whether:
86.3.1 the principles of the Charter have been achieved; and
86.3.2 all mandatory requirements identified in the Charter have been met where the consultation category is applicable.
87. Requirements in Relation to Initiating a Code Amendment Pursuant to Section 73 of the Act
87.1 The power pursuant to clause 7(1) of PD 2 to provide a proposal to the Commission to initiate a code amendment that sets out:
87.1.1 Scope - an explanation of the reasons for the preparation of the amendment and a description of the changes in circumstance leading the need for the amendment and the range of issues to be addressed in the amendment;
87.1.2 Code Modules - an outline of any overlay, general policy, zone or subzones being considered for amendment and/or the intended spatial application of an overlay, general policy, zone or subzone over an identified area,
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
or draft instructions for the proposed amendments;
87.1.3 Area Affected - A map or description of the area affected by the proposed amendment;
87.1.4 State Planning Policies - an identification of the relevant key state planning policies and a statement of assessment of the amendment’s consistency with those policies;
87.1.5 Regional Plans - An indication of how the matters or issues proposed to be addressed by the amendment will relate to the relevant regional plan and any relevant infrastructure planning;
87.1.6 Infrastructure Provision -
87.1.6.1 an explanation of any infrastructure provision that is required and how the infrastructure provision will be provided; and
87.1.6.2 an indication whether it is likely that an infrastructure agreement or agreements will need to be entered into in connection with the code amendment process, identifying the tools that will be used for this process;
87.1.7 Joint Planning Board Comments - that the Council has discussed the proposal with the relevant Regional Planning Board;
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
87.1.8 Consultation – information regarding any other consultation that has occurred;
87.1.9 in relation to designating a place as a place of local heritage value or a heritage area - a heritage review prepared by a heritage architect or historian or similar occupation in accordance with the Commission’s guidelines prepared under Section 67(2)(c) of the PDI Act;
87.1.10 in relation to designating a tree a significant tree - an assessment of the tree against the criteria under Section 68(1)(a) of the PDI Act;
87.1.11 in relation to designating a stand of trees to be significant trees – an assessment of the trees against the criteria under Section 68(1)(b) of the PDI Act.
87.2 The power pursuant to clause 7(2) of PD2 to, in addition, provide:
87.2.1 Timetable - an outline of the proposed timetable for each step of the process (ensuring that the process is completed within reasonable time limits), and a commitment on the part of the Council that it will take steps to update this timetable if it appears at any stage that the Council will require an extension;
87.2.2 Investigations - an outline of the investigations and justifications that will be undertaken (and those that may have already been undertaken) and the form that those investigations will take in order to address the strategic
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
and social, economic and environmental issues of the proposed amendment, or an explanation and summary of the investigations undertaken and how these support the amendment.
88. Requirements in Relation to Preparation of the Draft Proposal Prior to Consultation and Decision
88.1 The power pursuant to clause 8(1) of PD 2 to, prior to consultation, provide to the Department:
88.1.1 instructions that set out the intent of the proposed policy amendment for the purposes of the Department writing the draft Code Policy for the Council;
88.1.2 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council;
88.1.3 in relation to heritage lists a local heritage data sheet and a significant trees data sheet.
88.2 The power pursuant to clause 8(2) of PD2, if amendments are proposed to the consultation versions, to provide to the Department:
88.2.1 instruction to write the amendments to the Code Policy;
88.2.2 amendments to the maps in an industry standard GIS format to enable the production version of mapping to be
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
prepared and returned to the Council.
89. Requirements in Relation to Preparation of the Draft Proposal for Consultation
89.1 The power pursuant to clause 9(1) of PD2 to, for engagement purposes, support a code amendment by the following information:
89.1.1 an explanation about why and how the Code is proposed to be amended;
89.1.2 an assessment of the amendment against the relevant provisions of State Planning Policies and the relevant regional plan;
89.1.3 if any amendment is not fully consistent with the State Planning Policies or the region plan, to so specifically identify that and include an explanation setting out the reason or reasons for the inconsistency;
89.1.4 an explanation and summary of the investigations undertaken and how these support the amendment;
89.1.5 an explanation of any infrastructure provision that is required and how the infrastructure will be provided.
90. Requirements in Relation to Complying Changes Under Section 75
90.1 The power pursuant to clause 11(1) of PD2, in relation to a proposal to agree to a complying change, to provide the following
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
information to the department:
90.1.1 a reference to the documentation and recommendation in relation to the proposed amendment in the relevant regional plan;
90.1.2 a summary of the consultation in accordance with the Charter that has occurred in relation to the proposal including reference to the Engagement Report prepared for the regional plan and any additional consultation that has occurred;
90.1.3 instructions that set out the intent of the proposed policy amendment for the purposes of the department writing the draft Code Policy for the Council;
90.1.4 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council.
91. Requirements in Relation to Early Commencement Under Section 78
91.1 The power pursuant to clause 12(1) of PD2, in relation to a request for a code amendment to come into operation without delay, to provide to the department:
91.1.1 an explanation about how early commencement is required to counter applications for undesirable development (development that would detract from, negate the object of the amendment) during consultation
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
and consideration of the code amendment;
91.1.2 instructions that set out the intent of the proposed policy amendment for the purposes of the Department writing the draft Code Policy for the Council;
91.1.3 any maps in an industry standard GIS format to enable the production version of mapping to be prepared and returned to the Council.
STATE PLANNING COMMISSION PRACTICE DIRECTION – 3 (NOTIFICATION OF PERFORMANCE ASSESSED DEVELOPMENT APPLICATIONS) 2019
92. Responsibility to Undertake Notification
92.1 The power pursuant to clause 6(3)(b) of the State Planning Manager Planning and Compliance Commission Practice Direction – 3 (Notification of Performance Assessed Development Applications) 2019 (PD3) to determine Planning Officer the relevant fee as being appropriate to cover the relevant authority’s reasonable costs in giving public notice of the application under Section 107(3)(a)(i) of the PDI Act.
STATE PLANNING COMMISSION PRACTICE DIRECTION (COUNCIL INSPECTIONS) 2020 93. Mandatory Inspections Manager Planning and Compliance
93.1 The power pursuant to clause 2(2) of Part 2 of the State Planning
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
Commission Practice Direction (Council Inspections) 2020 (PD9) to, in carrying out an inspection under PD9, take all reasonable steps to ensure each inspection includes an inspection and assessment of the following elements (elements), as may be present at the time of inspection:
93.1.1 primary structural elements;
93.1.2 structural framing and roof trusses;
93.1.3 wet areas and waterproofing;
93.1.4 barriers to prevent falls;
93.1.5 cladding;
93.1.6 egress provisions;
93.1.7 bushfire protection systems;
93.1.8 passive and active fire safety elements;
93.1.9 private bushfire shelters; and
93.1.10 performance solutions.
94. Additional Inspections Manager Planning and Compliance
94.1 The power pursuant to clause 3(2) of Part 2 of PD9 to consider carrying out an inspection in addition to any specified in clause 2 of Part 2 of PD9 (additional inspections) if the delegate has
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INSTRUMENT A INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING & DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS: A COUNCIL, A DESIGNATED AUTHORITY, A DESIGNATED ENTITY
information to indicate that the circumstances warrant it, having regard to the objects of PD9.
95. Inspections Generally Manager Planning and Compliance
95.1 The power pursuant to clause 4(3) of Part 2 of PD9, in relation to building work listed in Schedule 7 of the General Regulations to consider if an additional inspection may be appropriate.
96. General Requirements Manager Planning and Compliance
96.1 The power pursuant to clause 1(2) of Part 3 of PD9 to ensure that an inspection under PD9 and subsequent assessment of each of the applicable elements in clause 2(2) of Part 2 of PD9 is carried out by a person who has the appropriate qualifications, skills, knowledge and experience to carry out an inspection assigned to that officer under PD9.
STATE PLANNING COMMISSION PRACTICE DIRECTION 10 (STAGED OCCUPATION OF MULTI-STOREY BUILDINGS) 2020
97. Conditions that Must be Met for the Staged Occupation of a Partially Completed Building
97.1 The power pursuant to clause 5(2) of the State Planning Commission Practice Direction 10 (Staged Occupation of Multi- Storey Buildings 2020 (PD10) to, agree to partial occupancy of a partially completed multistorey building.
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INSTRUMENT B
INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
NOTES
1. In exercise of the powers contained in Section 44 of the Local Government Act 1999 the following powers, functions and duties, under the Planning, Development and Infrastructure Act 2016 and Regulations, unless listed as Not Delegated, are hereby delegated on 28 July 2020 (resolution …./21) to the person occupying or acting in the office of Chief Executive Officer of the Council.
2. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein.
3. Conditions or Limitations: conditions or limitations that apply to the delegations are contained in this Instrument.
4. Refer to the relevant Council resolution(s) to identify when these delegations were made, reviewed and or amended.
POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT
1. Environment and Food Production Areas – Greater Adelaide Not applicable
1.1 The power pursuant to Section 7(5)(a) of the Planning, Development and Infrastructure Act 2016 (the PDI Act), in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments to seek the concurrence of the Commission in the granting
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
of the development authorisation to the development.
1.2 The power pursuant to Section 7(5)(d) of the PDI Act in relation to a proposed development in an environment and food production area that involves a division of land that would create one or more additional allotments, to, if the proposed development will create additional allotments to be used for residential development, refuse to grant development authorisation in relation to the proposed development.
2. Related Provisions Manager Planning and Compliance
2.1 The power pursuant to Section 99(2)(b)(ii) of the PDI Act to, if appropriate, grant development approval in the case of Section 99(1)(d) of the PDI Act.
2.2 The power pursuant to Section 99(3) of the PDI Act where a proposed development is to be undertaken within the area of the Council, to, subject to the regulations, if appropriate, grant the final development approval after all elements of the development have been approved by one or more relevant authorities under Section 99 of the PDI Act.
3. Matters Against Which Development Must be Assessed Manager Planning and Compliance
3.1 The power pursuant to Section 102(1) of the PDI Act to assess a development against and grant or refuse a consent in respect of the relevant provisions of the Building Rules (building consent).
3.2 The power pursuant to Section 102(8) of the PDI Act, when all relevant consents have been granted in relation to a development, to in accordance with the PDI Act, indicate that the development is
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
approved.
4. Building Consent Manager Planning and Compliance
4.1 The power pursuant to Section 118(1) of the PDI Act, if the Regulations provide that a form of building work complies with the Building Rules, to grant any such building work a building consent (subject to such conditions or exceptions as may be prescribed by the regulations).
4.2 The power pursuant to Section 118(2)(a) of the PDI Act to seek the concurrence of the Commission to grant a building consent in respect of a development that is at variance with the performance requirements of the Building Code or a Ministerial building standard.
4.3 The power pursuant to Section 118(2) of the PDI Act, subject to Section 118(6) of the PDI Act, to grant a building consent to a development that is at variance with the Building Rules if:
4.3.1 the variance is with a part of the Building Rules other than the Building Code or a Ministerial building standard and the delegate determines that it is appropriate to grant the consent despite the variance on the basis that the delegate is satisfied:
4.3.1.1 that:
(a) the provisions of the Building Rules are inappropriate to the particular building or building work, or the proposed building work fails to conform with the Building Rules only
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
in minor respects; and
(b) the variance is justifiable having regard to the objects of the Planning and Design Code or the performance requirements of the Building Code or a Ministerial building standard (as the case may be) and would achieve the objects of this Act as effectively, or more effectively, than if the variance were not to be allowed; or
4.3.1.2 in a case where the consent is being sought after the development has occurred - that the variance is justifiable in the circumstances of the particular case.
4.4 The power pursuant to Section 118(4) of the PDI Act, to at the request or with the agreement of the applicant, refer proposed building work to the Commission for an opinion on whether or not it complies with the performance requirements of the Building Code or a Ministerial building standard.
4.5 The power pursuant to Section 118(6) of the PDI Act if an inconsistency exists between the Building Rules and the Planning Rules in relation to a State heritage place or a local heritage place, to, in determining an application for building consent, ensure, so far as is reasonably practicable, that standards of building soundness, occupant safety and amenity are achieved in respect of the development that are as good as can reasonably be achieved in the circumstances.
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
4.6 The power pursuant to Section 118(7) of the PDI Act to seek and consider the advice of the Commission before imposing or agreeing to a requirement under Section 18(6) of the PDI Act that would be at variance with the performance requirements of the Building Code or a Ministerial building standard.
4.7 The power pursuant to Section 118(8) of the PDI Act, to, subject to the PDI Act, accept that proposed building work complies with the Building Rules to the extent that:
4.7.1 such compliance is certified by the provision of technical details, particulars, plans, drawings or specifications prepared and certified in accordance with the regulations; or
4.7.2 such compliance is certified by a building certifier.
4.8 The power pursuant to Section 118(10) of the PDI Act to refuse to grant a consent in relation to any development if, as a result of that development, the type or standard of construction of a building of a particular classification would cease to conform with the requirements of the Building Rules for a building of that classification
4.9 The power pursuant to Section 118(11) of the PDI Act, if a relevant authority decides to grant building consent in relation to a development that is at variance with the Building Rules, to, subject to the regulations, in giving notice of the relevant authority’s decision on the application for that consent, specify (in the notice or in an accompanying document):
4.9.1 the variance; and
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
4.9.2 the grounds on which the decision is being made.
5. Application and Provision of Information Manager Planning and Compliance
Planning Officer
Planning Consultant
5.1 The power pursuant to Section 119(1)(b) of the PDI Act to require an application to the relevant authority for the purposes of Part 7 of the PDI Act, to include any information as the delegate may reasonably require.
5.2 The power pursuant to Section 119(3) of the PDI Act to request an applicant:
5.2.1 to provide such additional documents, assessments or information (including calculations and technical details) as the delegate may reasonably require to assess the application;
5.2.2 to remedy any defect or deficiency in any application or accompanying document or information required by or under the PDI Act;
5.2.3 to consult with an authority or body prescribed by the regulations;
5.2.4 to comply with any other requirement prescribed by the regulations.
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
5.3 The power pursuant to Section 119(9) of the PDI Act to:
5.3.1 permit an applicant:
5.3.1.1 to vary an application;
5.3.1.2 to vary any plans, drawings, specifications or other documents that accompanied an application,
(provided that the essential nature of the proposed development is not changed);
5.3.2 permit an applicant to lodge an application without the provision of any information or document required by the regulations;
5.3.3 to the extent that the fee is payable to the relevant authority waive payment of whole or part of the application fee, or refund an application fee (in whole or in part);
5.3.4 if there is an inconsistency between any documents lodged with the relevant authority for the purposes of Part 7 of the PDI Act (whether by an applicant or any other person), or between any such document and a development authorisation that has already been given that is relevant in the circumstances, return or forward any document to the applicant or to any other person and determine not to finalise the matter until any specified matter is resolved, rectified or addressed.
5.4 The power pursuant to Section 119(10) of the PDI Act to grant a permission under Section 119(9) of the PDI Act unconditionally or
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
subject to such conditions as the delegate thinks fit.
5.5 The power pursuant to Section 119(12) of the PDI Act to, in a consent, provide for, or envisage, the undertaking of development in stages, with separate consents or approvals for the various stages.
5.6 The power pursuant to Section 119(14) of the PDI Act to if an applicant withdraws an application to determine to refund the application fee.
6. Outline Consent Manager Planning and Compliance
Planning Officer
6.1 The power pursuant to Section 120(1) of the PDI Act and subject to Section 120 of the PDI Act, to on application, grant a consent in the nature of an outline consent.
6.2 The power pursuant to Section 120(3) of the PDI Act if an outline consent is granted and a subsequent application is made with respect to the same development (subject to any variations allowed by a practice direction) to:
6.2.1 grant any consent contemplated by the outline consent; and
6.2.2 not impose a requirement that is inconsistent with the outline consent.
7. Referrals to Other Authorities or Agencies Manager Planning and Compliance
Planning Officer
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
Planning Consultant
7.1 The power pursuant to Section 122(1) of the PDI Act, where an application for consent to, or approval of, a proposed development of a prescribed class is to be assessed by a relevant authority, to:
7.1.1 refer the application, together with a copy of any relevant information provided by the applicant, to a body prescribed by the regulations (including, if so prescribed, the Commission); and
7.1.2 not make a decision until the relevant authority has received a response from that prescribed body in relation to the matter or matters for which the referral was made
where the regulations so provide, subject to Section 122 of the PDI Act.
7.2 The power pursuant to Section 122(5)(b) of the PDI Act, acting by direction of a prescribed body:
7.2.1 to refuse the application; or
7.2.2 consent to or approve the development and impose such conditions as the prescribed body thinks fit, (subject to any specific limitation under another Act as to the conditions that may be imposed by the prescribed body)
where the regulations so provide.
7.3 The power pursuant to Section 122(7) of the PDI Act, if the relevant authority is directed by a prescribed body to refuse an application
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
and the refusal is the subject of an appeal under the PDI Act, to apply for the relevant authority to be joined as a party to the proceedings.
7.4 The power pursuant to Section 122(10) of the PDI Act to, if requested by an applicant, defer a referral under Section 122 of the PDI Act to a particular stage in the process of assessment.
8. Proposed Development Involving Creation of Fortifications Manager Planning and Compliance
Planning Officer
Planning Consultant
8.1 The power pursuant to Section 124(1) of the PDI Act, if the delegate has reason to believe that a proposed development may involve the creation of fortifications, to refer the application for consent to, or approval of, the proposed development to the Commissioner of Police (the Commissioner).
8.2 The power pursuant to Section 124(5) of the PDI Act, if the Commissioner determines that the proposed development involves the creation of fortification, to:
8.2.1 if the proposed development consists only of the creation of fortifications – refuse the application;
8.2.2 in any other case – impose conditions in respect of any consent to or approval of the proposed development prohibiting the creation of the fortification.
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
8.3 The power pursuant to Section 124(6) of the PDI Act, if the relevant authority acting on the basis of a determination of the Commissioner under Section 124(2) of the PDI Act refuses an application or imposes conditions in respect of a development authorisation, to notify the applicant that the application was refused, or the conditions imposed, on the basis of a determination of the Commissioner under Section 124 of the PDI Act.
8.4 The power pursuant to Section 124(7) of the PDI Act, if a refusal or condition referred to in Section 124(5) of the PDI Act is the subject of an appeal under the PDI Act, to apply to the Court to be joined as a party to the appeal.
9. Determination of Application Manager Planning and Compliance
Planning Officer
Planning Consultant
9.1 The power pursuant to Section 126(1) of the PDI Act to, on making a decision on an application under Part 7 of the PDI Act, give notice of the decision in accordance with the regulations (and, in the case of a refusal, to include in the notice the reasons for the refusal and any appeal rights that exist under the PDI Act).
9.2 The power pursuant to Section 126(3) of the PDI Act to, on the delegate’s own initiative or on the application of a person who has the benefit of any relevant development authorisation, extend a period prescribed under Section 126(2) of the PDI Act.
10. Conditions Manager Planning and Compliance
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
Planning Officer
Planning Consultant
10.1 The power pursuant to Section 127(1) of the PDI Act to make a decision subject to such conditions (if any) as the delegate thinks fit to impose in relation to the development.
10.2 The power pursuant to Section 127(2)(c) of the PDI Act to vary or revoke a condition in accordance with an application under Part 7 of the PDI Act.
11. Variation of Authorisation Manager Planning and Compliance
Planning Officer
Planning Consultant
11.1 The power pursuant to Section 128(2)(d) of the PDI Act to approve an application for a variation to a development authorisation previously given under the PDI Act, which seeks to extend the period for which the relevant authorisation remains operative.
12. Saving Provisions Manager Planning and Compliance
Planning Officer
Planning Consultant
12.1 The power pursuant to Section 133(3) of the PDI Act to, in order to avoid or reduce hardship, extend the limitation period referred to in
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
Section 133(2) of the PDI Act.
13. Requirement to Up-grade Manager Planning and Compliance
13.1 The power pursuant to Section 134(1) of the PDI Act to form the opinion that the building is unsafe, structurally unsound or in an unhealthy condition.
13.2 The power pursuant to Section 134(1) of the PDI Act, if:
13.2.1 an application for a building consent relates to:
13.2.1.1 building work in the nature of an alteration to a building constructed before the date prescribed by regulation for the purposes of Section 134(1) of the PDI Act; or
13.2.1.2 a change of classification of a building; and
13.2.2 the building is, in the opinion of the delegate, unsafe, structurally unsound or in an unhealthy condition,
to require that building work that conforms with the requirements of the Building Rules be carried out to the extent reasonably necessary to ensure that the building is safe and conforms to proper structural and health standards.
13.3 The power pursuant to Section 134(2) of the PDI Act, when imposing a requirement under Section 134(1) of the PDI Act, to specify (in reasonable detail) the matters under Section 134(1)(b) of the PDI Act that must, in the opinion of the delegate, be addressed.
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
13.4 The power pursuant to Section 134(3) of the PDI Act to impose a requirement under Section 134(1) of the PDI Act:
13.4.1 subject to Section 134(3)(b) of the PDI Act - on the basis that the relevant matters must be addressed as part of the application before the relevant authority will grant building consent; and
13.4.2 in cases prescribed by the regulations - as a condition of the building consent that must be complied with within a prescribed period after the building work to which the application for consent relates is completed
13.5 The power pursuant to Section 134(4) of the PDI Act if:
13.5.1 an application is made for building consent for building work in the nature of an alteration of a class prescribed by the regulations; and
13.5.2 the delegate is of the opinion that the affected part of the building does not comply with the performance requirements of the Building Code or a Ministerial building standard in relation to access to buildings, and facilities and services within buildings, for people with disabilities,
to require that building work or other measures be carried out to the extent necessary to ensure that the affected part of the building will comply with those performance requirements of the Building Code or the Ministerial building standard (as the case may be).
13.6 The power pursuant to Section 134(5) of the PDI Act to impose a
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
requirement under Section 134(4) of the PDI Act:
13.6.1 subject to Section 134(5)(b) of the PDI Act - on the basis that the building work or other measures to achieve compliance with the relevant performance requirements must be addressed before the relevant authority will grant building consent; and
13.6.2 in cases prescribed by the regulations - as a condition of the building consent that must be complied with within a prescribed period after the building work to which the application for consent relates is completed.
14. Urgent Building Work Manager Planning and Compliance
14.1 The power pursuant to Section 135(2)(d) of the PDI Act to issue any direction.
15. Cancellation of Development Authorisation Manager Planning and Compliance
Planning Officer
Planning Consultant
15.1 The power pursuant to Section 143(1) of the PDI Act to, on the application of a person who has the benefit of the authorisation, cancel a development authorisation previously given by the relevant authority.
15.2 The power pursuant to Section 143(2) of the PDI Act to make a cancellation under Section 143(1) of the PDI Act subject to such
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
conditions (if any) as the delegate thinks fit to impose.
16. Professional Advice to be Obtained in Relation to Certain Matters Manager Planning and Compliance
Planning Officer
Planning Consultant
16.1 The power pursuant to Section 235(1) of the PDI Act, to, in the exercise of a prescribed function, rely on a certificate of a person with prescribed qualifications.
16.2 The power pursuant to Section 235(2) of the PDI Act to seek and consider the advice of a person with prescribed qualifications, or a person approved by the Minister for that purpose, in relation to a matter arising under the PDI Act that is declared by regulation to be a matter on which such advice should be sought.
17. Continuation of Processes Manager Planning and Compliance
Planning Officer
Planning Consultant
17.1 The power pursuant to Clause 18(2) of Schedule 8 of the PDI Act, to:
17.1.1 adopt any findings or determinations of a relevant authority under the repealed Act that may be relevant to an application to which Clause 18(1) of Schedule 8 of the PDI Act applies; and
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
17.1.2 adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to an application to which Clause 18(1) of Schedule 8 of the PDI Act applies; and
17.1.3 deal with any matter that is subject to a reserved decision under the repealed Act before the designated day; and
17.1.4 deal with any requirement or grant any variation imposed or proposed in connection with an application to which Clause 18(1) of Schedule 8 of the PDI Act applies; and
17.1.5 take any other step or make any other determination authorised by the regulations, or that is reasonably necessary to promote or ensure a smooth transition on account of the transfer of functions, powers or duties under Clause 18 of Schedule 8 of the PDI Act.
PLANNING, DEVELOPMENT AND INFRASTRUCTURE (GENERAL) REGULATIONS 2017
18. Accredited Professionals
18.1 The power pursuant to Regulation 25(7)(c) of the Planning, Development and Infrastructure (General) Regulations 2017 (the General Regulations) to form the opinion and be satisfied, on the basis of advice received from the accreditation authority under the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019, a relevant professional
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
association, or other relevant registration or accreditation authority, that a person has engineering or other qualifications that qualify the person to act as a technical expert under Regulation 25 of the General Regulations.
19. Verification of Application Manager Planning and Compliance
Planning Officer
Planning Consultant
19.1 The power pursuant to Regulation 31(1) of the General Regulations, on the receipt of an application under Section 119 of the PDI Act, and in addition to any other requirement under the General Regulations, to, in order to ensure that an application has been correctly lodged and can be assessed in accordance with the PDI Act:
19.1.1 determine the nature of the development; and
19.1.2 if the application is for planning consent - determine:
19.1.2.1 whether the development involves 2 or more elements and, if so, identify each of those elements for the purposes of assessment against the provisions of the Planning and Design Code; and
19.1.2.2 the category or categories of development that apply for the purposes of development assessment; and
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
19.1.3 determine whether the relevant authority is the correct entity to assess the application under the PDI Act; and
19.1.4 if the relevant authority is the correct entity to assess the application (or any part of the application):
19.1.4.1 check that the appropriate documents and information have been lodged with the application; and
19.1.4.2 confirm the fees required to be paid at that point under the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019; and
19.1.4.3 provide an appropriate notice via the SA planning portal; and
19.1.5 if the relevant authority is not the correct entity to assess the application (or any part of the application):
19.1.5.1 provide the application (or any relevant part of the application), and any relevant plans, drawings, specifications and other documents and information in its possession, to the entity that the delegate considers to be the correct relevant authority in accordance with any practice direction; and
19.1.5.2 provide an appropriate notice via the SA planning portal.
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
20. Amended Applications Manager Planning and Compliance
Planning Officer
Planning Consultant
20.1 The power pursuant to Regulation 35(3) of the General Regulations if an application is varied following referral under Division 2 or giving of notice under Division 3, to, if the variations are not substantial, consider the application without the need to repeat an action otherwise required under Division 2 or Division 3.
20.2 The power pursuant to Regulation 35(4) of the General Regulations if a variation would change the essential nature of a proposed development (as referred to in Section 119(9)(a) of the PDI Act), to agree with the applicant to proceed with the variation on the basis that the application (as so varied) will be treated as a new application under the General Regulations.
21. Withdrawing/Lapsing Applications Manager Planning and Compliance
Planning Officer
Planning Consultant
21.1 The power pursuant to Regulation 38(1) of the General Regulations if an application is withdrawn by the applicant under Section 119(14) of the PDI Act, to notify:
21.1.1 any agency to which the application has been referred
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
under Division 2 of the General Regulations; and
21.1.2 any person who has made a representation in relation to the application under Division 3 of the General Regulations,
of the withdrawal.
21.2 The power pursuant to Regulation 38(3) of the General Regulations before taking action to lapse an application under Regulation 38(2) of the General Regulations to:
21.2.1 take reasonable steps to notify the applicant of the action under consideration; and
21.2.2 allow the applicant a reasonable opportunity to make submissions to the delegate (in a manner and form determined by the delegate) about the proposed course of action.
22. Court Proceedings Manager Planning and Compliance
Planning Officer
Planning Consultant
22.1 The power pursuant to Regulation 40 of the General Regulations to, subject to Section 214(14) of the PDI Act, by notice in writing to the applicant, decline to deal with the application until any proceedings under the PDI Act have been concluded.
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
23. Additional Information or Amended Plans Manager Planning and Compliance
Planning Officer
Planning Consultant
23.1 The power pursuant to Regulation 42(1) of the General Regulations if the relevant authority has referred an application to a prescribed body under Division 1 of the General Regulations and the relevant authority subsequently receives additional information, or an amended plan, drawing or specification, which is materially relevant to the referral, or to any report obtained as part of the referral process, to repeat the referral process.
24. Building Matters Manager Planning and Compliance
24.1 The power pursuant to Regulation 45(1) of the General Regulations to, if, in assessing an application for building consent, the delegate considers that:
24.1.1 a proposed performance solution within the meaning of the Building Code requires assessment against a performance requirement of the Building Code which provides for the intervention of a fire authority; or
24.1.2 the proposed development is at variance with a performance requirement of the Building Code which provides for the intervention of a fire authority; or
24.1.3 special problems for fire fighting could arise due to hazardous conditions of a kind described in Section E of
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
the Building Code,
refer the application to the relevant fire authority for comment and report unless the fire authority indicates to the relevant authority that a referral is not required.
24.2 The power pursuant to Regulation 45(2) of the General Regulations, if a report is not received from the fire authority on a referral under Regulation 45(1) of the General Regulations within 20 business days, to presume that the fire authority does not desire to make a report.
24.3 The power pursuant to Regulation 45(3) of the General Regulations to have regard to any report received from a fire authority under Regulation 45 of the General Regulations.
24.4 The power pursuant to Regulation 45(4) of the General Regulations, if, in respect of an application referred to a fire authority under Regulation 45 of the General Regulations, the fire authority:
24.4.1 recommends against the granting of building consent; or
24.4.2 concurs in the granting of consent on conditions specified in its report,
but the delegate:
24.4.3 proposes to grant building consent despite a recommendation referred to in Regulation 45(4)(a) of the General Regulations; or
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
24.4.4 does not propose to impose the conditions referred to in Regulation 45(b) of the General Regulations, or proposes to impose the conditions in varied form, on the grant of consent,
to:
24.4.5 refer the application to the Commission; and
24.4.6 not grant consent unless the Commission concurs in the granting of the consent.
24.5 The power pursuant to Regulation 45(5) of the General Regulations to provide to the Commission a copy of any report received from a fire authority under Regulation 45(1) of the General Regulations that relates to an application that is referred to the Commission under the PDI Act.
25. Notice of Decision (Section 126(1)) Manager Planning and Compliance
Planning Officer
Planning Consultant
25.1 The power pursuant to Regulation 57(4) of the General Regulations to endorse a set of any approved plans and other relevant documentation with an appropriate form of authentication.
26. Consideration of Other Development Authorisations Manager Planning and Compliance
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
Planning Officer
Planning Consultant
26.1 The power pursuant to Regulation 60 of the General Regulations, to, in deciding whether to grant a development authorisation, take into account any prior development authorisation that relates to the same proposed development under the PDI Act, and any conditions that apply in relation to that prior development authorisation.
27. Certificate of Independent Technical Expert in Certain Cases Manager Planning and Compliance
27.1 The power pursuant to Regulation 61(4)(c) of the General Regulations to form the opinion and be satisfied on the basis of advice received from the accreditation authority under the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019, a relevant professional association, or another relevant registration or accreditation authority, that a person has engineering or other qualifications, qualify the person to act as a technical expert under this regulation.
28. Urgent Work Manager Planning and Compliance
28.1 The power pursuant to Regulation 63(1) of the General Regulations to,
28.1.1 determine a telephone number determined for the purposes of Regulation 63(1)(a) of the General Regulations; and
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
28.1.2 determine the email address for the purposes of Regulation 63(1)(b) of the General Regulations.
28.2 The power pursuant to Regulation 63(2) of the General Regulations to, for the purposes of Section 135(2)(c) of the PDI Act, allow a longer period.
28.3 The power pursuant to Regulation 63(3) of the General Regulations to, for the purposes of Section 135(2)(c) of the PDI Act, allow a longer period.
29. Variation of Authorisation (Section 128) Manager Planning and Compliance
29.1 The power pursuant to Regulation 65(1) of the General Regulations to, for the purposes of Section 128(2)(b) of the PDI Act, if a person requests the variation of a development authorisation previously given under the Act (including by seeking the variation of a condition imposed with respect to the development authorisation) to form the opinion and be satisfied that the variation is minor in nature, and approve the variation.
30. Plans for Building Work Manager Planning and Compliance
30.1 The power pursuant to Clause 4(3) of Schedule 8 of the General Regulations, in relation to an application for building consent for development consisting of or involving an alteration to a building, if:
30.1.1 the applicant is applying for a change in the classification of the building to a classification other than Class 10 under the Building Code; or
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
30.1.2 the building was erected before 1 January 1974 and the applicant is applying for a classification other than Class 10 under the Building Code to be assigned to the building,
to require the application to be accompanied by such details, particulars, plans, drawings, specifications and other documents (in addition to the other documents required to accompany the application) as the delegate reasonably requires to show that the entire building will, on completion of the building work, comply with the requirements of the PDI Act and the General Regulations for a building of the classification applied for or with so many of those requirements as will ensure that the building is safe and conforms to a proper structural standard.
PLANNING, DEVELOPMENT AND INFRASTRUCTURE (FEES, CHARGES AND CONTRIBUTIONS) REGULATIONS 2019
31. Calculation or Assessment of Fees Manager Planning and Compliance
Planning Officer
31.1 The power pursuant to Regulation 5(1) of the PDI (Fees, Charges and Contributions) Regulations 2019 (the Fees Regulations) in relation to an application which is duly lodged with the Council under a related set of regulations (including via the SA planning portal):
31.1.1 to require the applicant to provide such information as the delegate may reasonably require to calculate any
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INSTRUMENT B INSTRUMENT OF DELEGATION UNDER THE PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016, REGULATIONS, PLANNING AND DESIGN CODE AND PRACTICE DIRECTIONS OF POWERS OF A COUNCIL AS A RELEVANT AUTHORITY
fee payable under the Fees Regulations or a related set of regulations; and
31.1.2 to make any other determination for the purposes of the Fees Regulations or a related set of regulations (even if the Council is not a relevant authority).
31.2 The power pursuant to Regulation 5(2) of the Fees Regulations, if the delegate is acting under Regulation 5(1) of the Fees Regulations, or as the delegate of a relevant authority, believes that any information provided by an applicant is incomplete or inaccurate, to calculate any fee on the basis of estimates made by the delegate.
31.3 The power pursuant to Regulation 5(3) of the Fees Regulations to, at any time, and despite an earlier calculation or acceptance of an amount in respect of the fee, reassess a fee payable under the Fees Regulations or a related set of regulations.
32. Waiver or Refund of Fee Manager Planning and Compliance
Planning Officer
32.1 The power pursuant to Regulation 7 of the Fees Regulations to, as the delegate considers appropriate to do so:
32.1.1 waive the payment of the fee, or the payment of part of the fee; or
32.1.2 refund the whole or a part of the fee.
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NORTHERN LIMESTONE COAST REGIONAL ASSESSMENT PANEL
Memorandum of Understanding (MOU)
BETWEEN
Kingston District Council, Naracoorte Lucindale Council, and Tatiara District Council (together, “the Councils”)
Dated:
RECITALS
A. The Councils have determined that the creation of a Regional Assessment Panel for the combined areas of the Kingston District Council, Naracoorte Lucindale Council, and Tatiara District Council, to be known as the Northern Limestone Coast Regional Assessment Panel (Panel), would be an effective way to pool resources and satisfy the requirements of the Planning, Development and Infrastructure Act 2016 (PDI Act), the Planning, Development and Infrastructure (General) Regulations 2017, and the Planning and Design Code in regional South Australia.
B. The Councils acknowledge the work of previous Council Assessment Panels and local Assessment Managers and are committed to maintaining the highest degree of effective local decision making and delegation in a regional panel.
C. Section 84(1)(c)(ii)(A) of the PDI Act provides for the Minister to constitute a Regional Assessment Panel where 2 or more councils request the Minister to do so in relation to their combined areas.
D. The Councils have agreed to enter into this MOU acknowledging their intent to request the Minister to constitute the Panel, and to otherwise facilitate the constitution and operation of the Panel on the terms and conditions which follow.
1. ABOUT THIS MOU
1.1 The purpose of this MOU is:
1.1.1 to acknowledge the intent of the Councils to request the Minister to constitute the Panel;
1.1.2 to provide an agreed model for the constitution of the Panel for the Minister’s consideration; and
1.1.3 upon the constitution of the Panel, to govern the sharing of costs, information sharing, resourcing and other matters relevant to the administration of the Panel as expressed in this MOU and subject at all times to the PDI Act.
1.2 The Councils agree to work co-operatively in good faith to ensure that the Panel is constituted by the Minister, and thereafter to support the Panel and to facilitate its ongoing operation.
1.3 The Councils acknowledge that there is no express ability to “withdraw” from the Panel provided in the PDI Act at this time.
2. RELATIONSHIP OF THE COUNCILS
2.1 Each Council must act fairly, reasonably, diligently and in good faith in performing its obligations under this MOU.
2.2 The relationship between the Councils under this MOU is one of cooperation and support for the constitution of the Panel and its operation.
2.3 The relationship between the Councils is limited to the purposes of this MOU and the constitution and management of the Panel under the PDI Act, and is not to be construed as a partnership, joint venture, principal and agent, trust, fiduciary or any other special relationship.
2.4 The Councils acknowledge and agree that this MOU does not create any substantive rights or liabilities on the part of the Councils.
2.5 The Councils acknowledge that notwithstanding the intentions of the Council, that the Minister may not agree to constitute the Pantel on the basis of this MOU, but that certain terms may be added, removed or varied at the Minister’s discretion.
3. TERM
3.1 This MOU will be effective from the date of its execution by the Councils until such time as it is terminated under this MOU or replaced with a subsequent MOU or agreement which renders this MOU obsolete or of no effect.
4. TERMINATION
4.1 This MOU will terminate:
4.1.1 upon the notice constituting the Panel being revoked by the Minister pursuant to Section 84(1)(j) of the PDI Act; or
4.1.2 upon the notice constituting the Panel being varied by the Minister pursuant to section 84(1)(j) of the PDI Act and a replacement MOU or agreement for the varied Panel being executed such that this MOU is rendered obsolete.
5. CONSTITUTION OF THE PANEL
5.1 Subject at all times to the PDI Act, the Councils agree to request that the Minister constitute the Panel in the following manner:
5.1.1 that the area of the Panel comprise the entire areas of the Councils;
5.1.2 that the Panel comprise up to five (5) members being:
(a) the Presiding Member appointed in accordance with paragraphs 5.1.3 and 5.1.4; and
(b) up to four (4) members appointed in accordance with paragraph 5.1.5, one of which will be an elected member from one of the Councils.
5.1.3 that the members of the Panel be appointed by a Recruitment Panel constituted by the Mayor of each Council, together with the Assessment Manager (Recruitment Panel).
5.1.4 The Recruitment Panel will appoint the Presiding Member taking into account the following requirements:
(a) the Presiding Member must be an accredited professional;
(b) the Presiding Member must be a fit and proper person with reasonable knowledge of the operation and requirements of the Act,
(c) the Presiding Member must be appropriately qualified or experienced in a field that is relevant to development assessment and the activities of the Panel; and
(d) the Presiding Member must not be an elected member or an officer of any of the Councils.
5.1.5 The Recruitment Panel will appoint up to four (4) (or whatever number of appointments are required at the time) Panel Members, that are not the Presiding Member, taking into account the following requirements:
(a) one Panel Member will be an elected member of any of the Councils;
(b) the remaining Panel Members must not be an officer or elected member of any of the Councils;
(c) each Panel Member must be a fit and proper person to be a member of the Panel;
(d) where possible, Panel Members should be representative of the Council areas covered.; and
(e) the Panel members need not be accredited professionals.
5.1.6 the term of office of each Panel Member will be two (2) years and may be extended for any or all members at the discretion and by agreement of the Councils.
]
5.1.7 the conditions of appointment of Panel Members will be determined by agreement of the Councils.
5.1.8 The Recruitment Panel may appoint deputy members at its discretion.
5.2 The Councils must, within 14 days after a person is appointed as a member of the Panel, give notice of the appointment by publishing in a newspaper circulating in the area of the Councils the:
5.2.1 full name of the person; and
5.2.2 the term of appointment.
5.3 The office of a member of a panel member will become vacant if the member:
5.3.1 is removed from office by the Councils or Minister due to a breach of the Code of Conduct adopted by the Minister under Schedule 3 of the Act;
5.3.2 Is removed from office by the Councils due to:
(a) Misconduct or neglect of duty;
(b) Incapacity to carry out duties satisfactorily;
(c) Failure to carry out duties in accordance with Section 91 of the Act;
5.3.3 resigns by written notice to the Councils;
5.3.4 dies;
5.3.5 completes a term of office and is not re-appointed;
5.3.6 becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or
5.3.7 is convicted of an indictable offence punishable by imprisonment.
6. HOST COUNCIL
6.1 Subject to the Panel determining otherwise, the location of all Panel meetings will be determined by the Host Council, taking into account the origin of applications to be considered by the Panel.
7. COSTS AND EXPENSES
7.1 Subject to the scheme set out in the notice issued under s84(1)(a) of the PDI Act and except as otherwise expressed in this MOU;
7.1.1 each Council will contribute one third of the total expenses of the Panel, including but not limited to, the costs associated with advertisements for expressions of interest for new members, notices, refreshments (if required), remuneration and sitting fees of the Panel members and training for the Panel members and
7.1.2 the contribution payable by the Councils to the costs associated with the Panel set out in paragraph 7.1.1 shall be reviewed and varied by agreement of the Councils on every 12 month anniversary following constitution of the Panel.
7.2 Each Council shall be individually responsible for the cost and conduct of any claim, expense or Court proceedings arising from a decision of the Panel made in respect of a development application in that Council’s area.
7.3 The Councils agree that the role of ‘Host Council’ will be rotated on an annual basis, with this to be based on a financial year rotation, or part thereof in the first year.
7.4 The Host Council shall be responsible for making payment of the shared expenses outlined in clause 7.1 above. Upon doing so, the Host Council will invoice the remaining two Councils one third each of the total cost of the expenses and the invoice shall be paid within one month of the date of the invoice.
7.5 If any Panel Member (including the Presiding Member) resigns or is no longer a member for any reason, the Councils shall be equally responsible for administrative costs associated with replacing that member.
7.6 A Council may individually obtain legal advice in relation to the performance of this MOU or the conduct of the Panel and/or a Panel Member or in the assessment of a development application to be determined by the Panel. In doing so, that Council will be responsible for any legal expenses incurred, unless the Councils have previously agreed in writing that legal advice was required and that the associated legal expenses would be shared equally between the Councils.
8. ASSESSMENT MANAGER
8.1 The Councils may nominate a person/s to be Assessment Manager which position shall ultimately be appointed in accordance with the PDI Act.
8.2 The costs and expenses of the Assessment Manager shall be split equally between the Councils, only to the degree that there are additional costs incurred by the employing Council.
8.3 The Assessment Manager:
8.3.1 should as far as possible, and as appropriate, seek to delegate the assessment of all applications to officers of the Council in whose area the development application is located so that development applications are assessed by officers of the Council to whose area the application relates; but
8.3.2 may delegate the assessment of any applications to:
(a) an officer of a Council in whose area the development application is not located; or
(b) another person permitted by the PDI Act if the Council in whose area the development application is located does not have an officer to whom the application can be delegated (because of for example resourcing relating to leave, qualifications or skills) such that a development application may be assessed by officers of a council to whose area the application does not relate, or such other permitted person.
8.4 A Council in whose area a development application is located is responsible for the cost and conduct of any claim, expense or Court proceedings arising from decisions made by the Assessment Manager or a delegate of the Assessment Manager.
9. CONFIDENTIALITY
9.1 Subject to the provisions of the Freedom of Information Act 1991, a Council must not, without the prior written consent of the other Councils, use or disclose confidential information regarding any other council which it has obtained through the operation of the Panel.
9.2 A Council will not use any confidential information provided to it pursuant to this MOU other than to discharge its obligations in accordance with the MOU.
10. INDEMNITIES AND GUARANTEES
10.1 Each Council agrees to indemnify the remaining Councils for any losses, actions, damages, costs and expenses that arise from or are the result of the failure of that Council to perform any of its obligations under this MOU.
10.2 In circumstances where the Councils become liable as a result of the conduct of a member of the Panel, any or all of the Councils may liaise with the Mutual Liability Scheme.
11. DISPUTE RESOLUTION
11.1 It is the intention of the Councils to amicably and in good faith settle any dispute that arises out of the performance of this MOU, by way of discussion and negotiations between the relevant Chief Executive Officers of the Councils.
11.2 Where a dispute has arisen, it shall be referred to the Chief Executive Officers of the Councils who, if they cannot reach agreement, will refer the matter to their respective Council for determination.
12. GENERAL
Amendment
12.1 This Agreement can only be amended, modified, varied, released or discharged by the written agreement of each council and subject to the PDI Act.
Governing Law
12.2 The laws of South Australia apply to the performance of this MOU.
Entire Agreement
12.3 Subject to the PDI Act and any applicable regulations and other instruments under the PDI Act this MOU constitutes the full extent of terms that have been agreed to by the Councils in relation to the establishment and ongoing operation of the Panel.
12.4 This MOU is intended to supersede any previous arrangements, agreements, correspondence, tenders, representations, proposals, understandings and communications that were entered into and/or made by the Councils (whether orally or in writing) in regards to the establishment and ongoing operation of the Panel.
Interpretation
In this MOU:
12.5 any terms which are defined in the PDI Act or regulations or in any instruments under that Act or regulations are assigned the meaning in the Act, regulations or instrument;
12.6 headings do not affect interpretation;
12.7 singular includes plural and plural includes singular;
12.8 a reference to any statute or subordinate legislation includes all statutes and subordinate legislation amending, consolidating or replacing the statute or subordinate legislation referred to; and
12.9 the requirements of this MOU are to be construed as additional to any requirements upon any party under the PDI Act or any other legislation.
EXECUTED AS A MEMORANDUM OF UNDERSTANDING
Signed for and on behalf of KINGSTON DISTRICT COUNCIL by its authorised officer in the presence of
______Witness Signature Signature
______Print Name Print Name
Signed for and on behalf of NARACOORTE LUCINDALE COUNCIL by its authorised officer in the presence of
______Witness Signature Signature
______Print Name Print Name
Signed for and on behalf of TATIARA DISTRICT COUNCIL by its authorised officer in the presence of
______Witness Signature Signature
______Print Name Print Name
Ref: AJM\M00295949F06202025.DOCX
22 April 2020
Minister Stephen Knoll MP Minister for Planning Department of Planning, Transport and Infrastructure GPO BOX 1533 Adelaide SA 5001
Attn: Amanda Harfield (by email)
Dear Minister
Regional Assessment Panel
We act upon instruction from Naracoorte Lucindale Council, the District Council of Tatiara and Kingston District Council (together the Councils).
The Councils have instructed us to write to you to request that you constitute a Regional Assessment Panel (RAP) in relation to the combined area of the Councils pursuant to Section 84(1)(c)(ii)(A) of the Planning, Development and Infrastructure Act 2016 (Act).
The Councils have each resolved to request that you constitute a RAP on the below basis.
1. Name
The RAP will be known as Northern Limestone Coast Regional Assessment Panel (NLC RAP)
2. Area
2.1 The RAP is to be established as a relevant authority for the assessment of development applications under the Act within the entire area of the Councils.
2.2 The RAP may also act as a delegate of a relevant Council in the manner contemplated by Section 34(23)(c) of the Development Act 1993.
3. Constitution
3.1 The RAP will be constituted by up to five (5) members.
3.2 The appointment of deputy members will be at the discretion of the Councils.
3.3 There will be one elected member from the combined Councils appointed to the RAP.
4. Appointment
4.1 The RAP’s members will be appointed by a Recruitment Panel constituted by the Mayor of each Council together with the Assessment Manager.
22 April 2020 Page 2
4.2 The Recruitment Panel will appoint the Presiding Member taking into account the following requirements:
4.2.1 the Presiding Member must be an accredited professional;
4.2.2 the Presiding Member must be a fit and proper person with reasonable knowledge of the operation and requirements of the Act,
4.2.3 the Presiding Member must be appropriately qualified or experienced in a field that is relevant to development assessment and the activities of the RAP; and
4.2.4 the Presiding Member must not be an elected member or an officer of any of the Councils.
4.3 The Recruitment Panel will appoint up to four (4) (or whatever number of appointments are required at the time) Panel Members that are not the Presiding Member, taking into account the following requirements:
4.3.1 one Panel Member will be an elected member of any of the Councils;
4.3.2 the remaining Panel Members must not be an officer or elected member of any of the Councils;
4.3.3 each Panel Member must be a fit and proper person to be a member of the Panel; and
4.3.4 where possible, Panel Members should be representative of the Council areas covered.
4.4 There is no requirement for members to be accredited professionals, other than in relation to the Presiding Member.
4.5 The Councils must, within 14 days after a person is appointed as a member of the RAP, give notice of the appointment by publishing in a newspaper circulating in the area of the Councils the:
4.5.1 full name of the person; and
4.5.2 the term of appointment.
5. Terms of Office
5.1 The term of office of a member will be for a period, not exceeding two years determined by the Councils. At the expiration of a term of appointment, a member is eligible for re-appointment.
5.2 A member of the RAP whose term of office expires may nevertheless continue to act as a member, for a period up to 6 months, until they are re-appointed, or a successor is appointed.
5.3 The office of a member of the RAP will become vacant if the member:
5.3.1 is removed from office by the Councils or Minister due to a breach of the Code of Conduct adopted by the Minister under Schedule 3 of the Act;
AJM\LETTER TO MINISTER.DOCX
22 April 2020 Page 3
5.3.2 Is removed from office by the Councils due to:
5.3.2.1 misconduct or neglect of duty;
5.3.2.2 incapacity to carry out duties satisfactorily;
5.3.2.3 failure to carry out duties in accordance with Section 91 of the Act;
5.3.3 resigns by written notice to the Councils;
5.3.4 dies;
5.3.5 completes a term of office and is not re-appointed;
5.3.6 becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or
5.3.7 is convicted of an indictable offence punishable by imprisonment.
6. Procedures of RAP
6.1 Should the Presiding Member be unable to attend a meeting of the RAP, an acting Presiding Member will be appointed by the members for the purposes of that meeting.
6.2 A quorum at a meeting of the RAP is a number obtained by dividing the total number of members for the time being by 2, ignoring any fraction resulting from the division, and adding 1.
6.3 Each member present at a meeting is entitled to 1 vote on a matter arising for decision and, if the votes are equal, the presiding member is entitled to a second or casting vote.
6.4 All other procedures to be observed in relation to the conduct of the business of the RAP will be determined by the RAP.
7. Conditions of Appointment
Subject to this Schedule, the conditions of appointment of the members of the RAP will be determined by the Councils.
8. Administration of RAP
8.1 Each Council will contribute a percentage of the total expenses of the RAP including any costs associated with recruitment and remuneration of members, in the following proportions:
8.1.1 each Council will contribute one third of the total expenses of the Panel, including but not limited to, the costs associated with advertisements for expressions of interest for new members, notices, refreshments (if required), remuneration and sitting fees of the Panel members and training for the Panel members and
8.1.2 the contribution payable by the Councils to the costs associated with the Panel set out in paragraph 8.1.1 shall be reviewed and varied by agreement
AJM\LETTER TO MINISTER.DOCX
22 April 2020 Page 4
of the Councils on every 12 month anniversary following the constitution of the RAP.
8.2 Any staffing and other support issues associated with the creation or operations of the RAP and special accounting or financial issues that may arise in relation to the RAP will be provided for by the Councils.
9. Assessment Manager
The Assessment Manager is to be appointed by the Chief Executive of DPTI after considering any recommendations by the Councils.
We look forward to your feedback.
Yours faithfully Norman Waterhouse
Aden Miegel Senior Associate T 08 8217 1342 M 0428 467 736 [email protected]
AJM\LETTER TO MINISTER.DOCX NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY BUILDING & SWIMMING POOL INSPECTION 9
RESPONSIBLE OFFICER: Chief Executive Officer RELEVANT DELEGATIONS: Manager Planning & Compliance LEGISLATION AND REFERENCES: • Planning, Development and Infrastructure Act 2016 • Fire and Emergency Services Act 2005 • Minister’s Code for Undertaking Development in Bushfire Risk Areas • National Construction Code • Planning, Development and Infrastructure Act 2016
PURPOSE OF POLICY
This Policy monitors the standard of construction work within the Naracoorte Lucindale Council (“the Council”) area and sets out Council’s policy for mandatory and non-mandatory inspections of buildings and structures associated with development assessment activities in accordance with the Planning, Development and Infrastructure Act 2016 (“the PDI Act” ). Pursuant to Section 42 of the PDI Act, the State Planning Commission (“the SPC”) has issued: • Practice Direction 8: Council Swimming Pool Inspections 2019 (“Practice Direction 8”) pursuant to Section 156(5) of the PDI Act for the inspection of swimming pools and related safety features to ensure the safety of swimming pools, noting the high risk they can pose, particularly for young children; and • Practice Direction 9: Council Inspections 2020 (“Practice Direction 9”) for the purposes of Section 144 of the Act that requires the Council to carry out inspections of certain developments within the Council area. A copy of Practice Direction 8 and Practice Direction 9 can be accessed online through the SA Planning Portal at www.saplanningportal.sa.gov.au.
BACKGROUND
In preparing this Policy, the Council has taken into account the mandatory requirements in Practice Direction 8 and Practice Direction 9 and used a risk assessment approach, taking into account the matters set out in section 144(3) of the PDI Act, as well as other relevant matters, including (but not limited to): • the financial and other resources of the Council; • the impact that a failure to inspect a certain number of developments over a period of time may have on the local community; • the size and population of the Council; • the amount of development in the Council area; • the type and class of development that predominates within the Council area;
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• the level of experience and past experience of the builder; • owner builders, especially where there is the likelihood of work being undertaken by unqualified persons; • in relation to building work, whether particular parts of the Council area are known to be subject to poor building conditions; • information in the possession of Council on poor building standards within its area; and • the public interest in ensuring that development is undertaken in accordance with the requirements of the PDI Act. This Policy will commence operation upon the commencement of the Planning and Design Code and the PDI Act in the Council area.
SCOPE OF THE POLICY
Criteria for selection of buildings to be inspected (non-mandatory)
In selecting buildings for inspection, this policy will apply to all Development Approvals issued for development in the Council area.
Council does not have the resources to inspect all buildings and, therefore, all buildings in the Council area may not be inspected.
In selecting a building for inspection, the Council will have regard to the following (non-exhaustive) criteria:
• buildings which appear to be unsafe; • buildings which ordinarily present a high risk to life and safety, and in particular swimming pools; • buildings which are used by large numbers of people, particularly where many people do so simultaneously; • buildings which involve roof framing; • buildings with energy efficiency requirements; • buildings which are required to provide access to persons with a disability or buildings which are to be used by vulnerable persons or persons with a disability; • buildings in respect of which the Council has been made aware of a complaint or regulatory issue relating to the building or any person involved in the building work; • buildings constructed by persons who are not licences building work contractors under the Building Work Contractors Act 1995; • buildings incorporating construction properties or products, including but not limited to, fire-rated construction, fire safety elements or designated building products; • in the event that inspection of the foregoing buildings does not result in the prescribed minimum inspection levels being met, any other buildings; • distribution between owner builders and registered builders; • owner builders, especially where there is the likelihood of work being undertaken by unqualified people;
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• reputation of registered builder and previous experience with Council; • local environmental conditions in the area in which the building work is being undertaken (e.g. wind speeds, flooding, poor soil conditions). Including where such environmental conditions require additional measures in carrying out the building to protect the environment, the building or its occupants; • whether the building work was approved subject to conditions; and • any other reason determined by the relevant Authorised Officer.
Where a building is selected for inspection it may be inspected at any stage of construction, and may be inspected more than once.
Where a complaint is made about the condition or use of a new or existing building and excavation or construction work in progress, an inspection may be undertaken within timeframes that take account the urgency of the situation and the availability of resources.
Inspections
Mandatory Inspections
The Council will comply with the mandatory inspection requirements in Appendix 1 (as set out in Practice Direction 9) relating to: a) the kinds of development which require inspection; b) the proportion of developments which require inspection in the Council area; c) the timing of any inspection required in relation to each building; and d) the number of inspections required in relation to each building.
The Council will take all reasonable steps to ensure that each inspection carried out under this policy includes an inspection and assessment of the following elements (elements), as may be present at the time of inspection: a) primary structural elements; b) structural framing and roof trusses; c) wet areas and waterproofing; d) barriers to prevent falls; e) cladding; f) egress provisions; g) bushfire protection systems; h) passive and active fire safety elements (for further details refer page 4 of Practice Direction 9 in Appendix 1); i) private bushfire shelters; and j) performance solutions.
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Swimming Pool Mandatory Inspection (1) Council must comply with the following minimum requirements relating to the inspection of swimming pools, including all swimming pool safety features (such as safety fences and barriers), within the area of the Council:
a) 100% of swimming pools and swimming pool safety features constructed over the course of the relevant reporting year must be inspected within 2 weeks of the council being notified of the completion of –
(i) in the case of a swimming pool, the construction of which required the construction of a swimming pool safety feature, the construction of the safety features; or (ii) in any other case—the construction of the swimming pool and swimming pool safety feature.
Where a swimming pool is inspected and non-compliance found, any re-inspection undertaken to determine whether the problems have been corrected does not count as a new inspection. Any re- inspection is taken to be part of the initial inspection. Counting Inspections (1) The first inspection of a building under the mandatory inspection requirements will be counted as one (1) inspection. (2) Where a building is inspected at a stage, and issues are detected requiring further inspection, any further inspection related to the issue will be counted as part of the prior inspection related to that issue. (3) Except as provided by (2) above an inspection of a building at a later stage is to be counted as a separate inspection, even if the building was inspected at an earlier stage.
EXEMPTION FROM LIABILITY
Council inspects building work in accordance with the objectives of this Policy and for the public interest. Inspections are undertaken by the Council solely as a result of its duties under the PDI Act and the Policy. Inspections are not carried out for the benefit of any past, current or future owner, occupier or neighbour of any building work and no legal relationship is created between the Council and any other such person as a result of the inspections.
Council does not accept any liability in relation to any inspection.
In the event of any dispute with the Council as a result of an inspection, any conduct engaged in or statements or comments made by an officer of the Council, with the intent of resolving or otherwise managing the dispute, are not intended as, and are not to be taken as, any admission of responsibility or liability on the part of the Council.
RECORD KEEPING
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Council will keep records of the inspections it carries out in accordance with this Policy and Practice Directions 8 and 9, and keep those records in a Register that is available for inspection by the SPC upon 5 business days’ notice.
Records of inspections will include, but are not limited to: a. the date and time of an inspection; b. type of inspection; c. who undertook the inspection; d. elements inspected; e. breaches, issues, or faults found; f. rectification required; g. requirements for re-inspections (including timing); and h. enforcement action.
The Council will keep its records in accordance with the State Records Act 1997 and Local Councils and Local Governing Bodies and Authorities (GDS 40).
REVIEW OF POLICY
This Policy will be reviewed every 4 years, and in accordance with changes to legislation and / or community expectations.
AVAILABILITY OF POLICY
This Policy is available for inspection at Council’s Naracoorte and Lucindale offices during ordinary business hours, or via the Council website www.naracoortelucindale.sa.gov.au at no cost.
Copies or extracts of this Policy may be purchased for the fee set out in Council’s Fees and Charges Guide
ADOPTION AND AMENDMENT HISTORY
Date Authorised by Minute Reference July 2024 Next Review July 2020 Council Resolution May 2018 Council Reviewed 293/18 25 February 2014 Council Reviewed 315/14 22 March 2011 Council Adopted - Resolution 428 / 11
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Appendix 1 – Mandatory Inspection Requirements
Table 1. Class 1 buildings The inspection requirements in Table 1 apply Minimum number of inspections for each Proportion of developments in council area to to building work in relation to a class 1 development be inspected building under the Building Rules. Timing of inspection During construction or on completion At least one inspection of each development. Minimum 66% of building work commenced in the An inspection may be carried out at any time relevant reporting year. during construction or on completion.
Table 2. Farm buildings and farm sheds The inspection requirements in Table 2 apply to Minimum number of inspections for each Proportion of developments in council area building work in relation to a farm building or a development to be inspected farm shed with a floor area of 500m2 or greater, under the Building Rules. Timing of inspection During construction or on completion At least one inspection of each development. Minimum 50% of building work commenced in An inspection may be carried out at any time the relevant reporting year. during construction or on completion.
Table 3. Class 2-9 buildings The inspection requirements in Table 3 apply to Minimum number of inspections for each Proportion of developments in council area building work in relation to a class 2 to 9 development to be inspected buildings inclusive (other than a farm building or a farm shed) under the Building Rules. Timing of inspections During construction or on completion At least one inspection of development. Minimum 90% of building work commenced in An inspection may be carried out at any time the relevant during construction or on completion.
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July 2020 Version Page 7
NARACOORTE LUCINDALE COUNCIL
MINUTES FOR COUNCIL ASSESSMENT PANEL MEETING HELD ON 2 July 2020 TABLE OF CONTENTS
ITEM NO. SUBJECT PAGE NO.
ITEM 1 COMMITTEE MEMBER’S DECLARATION OF INTEREST (IF ANY) 2
ITEM 2 CONFIRMATION OF COUNCIL ASSESSMENT PANEL MINUTES 2
ITEM 3 NON-COMPLYING APPLICATIONS 3 3.1 Subject Site: Section 1142 Lucindale Road, Naracoorte Application No: 674/083/20 Proposal: Dwelling Development Plan consent be REFUSED Recommendation:
ITEM 4 APPLICATIONS FOR CONSIDERATION ON MERIT 4
ITEM 5 EXCLUSION OF THE PUBLIC FROM ATTENDANCE TO 4 RECEIVE, DISCUSS OR CONSIDER INFORMATION / MATTERS - (IF REQUIRED)
ITEM 6 OTHER BUSINESS 6
ITEM 7 NEXT MEETING 6
ITEM 8 MEETING CLOSURE 6
Naracoorte Lucindale Council, Council Assessment Panel Minutes 2 July 2020 Page 1
NARACOORTE LUCINDALE COUNCIL
MINUTES FOR COUNCIL ASSESSMENT PANEL MEETING HELD ON 2 JULY 2020
COMMENCED: Meeting commenced at 4pm in Council Chamber, DeGaris Place, Naracoorte PRESENT: Mrs Elizabeth Travers (Presiding Member), Cr Ken Schultz, Mrs Colleen Woodgate, Mr Mark Teakle
APOLOGIES:
ON LEAVE:
OFFICERS: Mr Paul McRostie Manager of Planning & Compliance Mrs Sarah duRand Development Officer – Planning
MEDIA REPRESENTATIVES:
ITEM 1 MEMBER’S DECLARATION OF INTEREST (IF ANY) Section 56A(7) of the Development Act 1993
ITEM 2 CONFIRMATION OF COUNCIL ASSESSMENT PANEL MINUTES
MOVED CR KEN SCHULTZ SECONDED MRS COLLEEN WOODGATE
That the Minutes of the Council Assessment Panel meeting held on 27 February 2020 are taken as read and confirmed as an accurate record of the proceedings of the meeting.
CARRIED
Frank Brennan from Frank Brennan Consulting Services addressed the panel via telephone on behalf of Joe and Jennie Martin in relation to Item 3.1.
Joe Martin addressed the panel in relation to Item 3.1.
Naracoorte Lucindale Council, Council Assessment Panel Minutes 2 July 2020 Page 2
ITEM 3 NON-COMPLYING APPLICATIONS
1.0 DEVELOPMENT DETAILS
Proposed Development: Dwelling
Development Application Number: 674/083/20
Applicant/Owner: Joe and Jenny Martin PO Box 68 Naracoorte SA 5280
Property Address: Section 1142 Lucindale Road, Naracoorte
Certificate of Title: Volume 5425 Folio 617
Land Use: Vacant (Farm shed)
Zone: Primary Production Zone
Public Notification: Category 3 (non-complying)
Application Lodged: 25th May 2020
Authorised Development Plan: Naracoorte Lucindale Council, Consolidated 29 November 2012
8.0 RECOMMENDATION
That Development Application 674/083/20 for the construction of a detached dwelling at Section 1142 Lucindale Road, Naracoorte is not seriously at variance with the Naracoorte Lucindale Council Development Plan, consolidated 29 November 2012.
That the Development Assessment Panel refuse to grant Provisional Development Plan Consent to Development Application 674/083/20 for the construction of a detached dwelling at Section 1142 Lucindale Road, Naracoorte, as the proposal is considered to be at variance with following Development Plan provisions;
Primary Production Zone Objectives: 1, 3, & 5 Principles: 2, 4 & 9(a) (b)
General Section Interface between land uses Principle: 5
Orderly and Sustainable Development Objectives: 1, 3, 4, & 6 Principles: 1, 4, 6 & 8
Naracoorte Lucindale Council, Council Assessment Panel Minutes 2 July 2020 Page 3
ITEM 4 APPLICATIONS FOR CONSIDERATION ON MERIT
ITEM 5 EXCLUSION OF THE PUBLIC FROM ATTENDANCE TO RECEIVE, DISCUSS OR CONSIDER INFORMATION / MATTERS - (IF REQUIRED)
MOVED MRS COLLEEN WOODGATE SECONDED MR MARK TEAKLE
That, pursuant to Section 56A(12) of the Development Act, 1993, the public be excluded from this part of the Naracoorte Lucindale Council’s Development Assessment Panel meeting dated 2 July 2020 (with the exception of members of Council staff who are hereby permitted to remain), to enable the Panel to receive, discuss or consider information or matters as listed in section 56A(12)(a) or to discuss or determine any application or other matter that falls to be decided by the panel.
CARRIED
RECOMMENDATION
That Development Application 674/083/20 for the construction of a detached dwelling at Section 1142 Lucindale Road, Naracoorte is not seriously at variance with the Naracoorte Lucindale Council Development Plan, consolidated 29 November 2012.
That the Development Assessment Panel refuse to grant Provisional Development Plan Consent to Development Application 674/083/20 for the construction of a detached dwelling at Section 1142 Lucindale Road, Naracoorte, as the proposal is considered to be at variance with following Development Plan provisions;
Primary Production Zone Objectives: 1, 3, & 5 Principles: 2, 4 & 9(a) (b)
General Section Interface between land uses Principle: 5
Orderly and Sustainable Development Objectives: 1, 3, 4, & 6 Principles: 1, 4, 6 & 8
Naracoorte Lucindale Council, Council Assessment Panel Minutes 2 July 2020 Page 4
MOVED MR KEN SCHULTZ SECONDED MRS COLLEEN WOODGATE
That Development Application 674/083/20 for the construction of a detached dwelling at Section 1142 Lucindale Road, Naracoorte is not seriously at variance with the Naracoorte Lucindale Council Development Plan, consolidated 29 November 2012.
That the Development Assessment Panel grant Provisional Development Plan Consent to Development Application 674/083/20 for the construction of a detached dwelling at Section 1142 Lucindale Road, Naracoorte, subject to the following conditions:
1. That except where minor amendments may be required by other relevant Acts, or by the conditions imposed on this consent, the development shall be established in strict accordance with the approved plans, prepared by Frank Brennan Consulting Services.
2. Storm water must be disposed of in such a manner that does not flow or discharge onto land of adjoining owners, lie against any building or create insanitary conditions.
3. Site works shall be carried out to the satisfaction of Council at all times during the construction process.
4. Screening vegetation shall be planted along all four property boundaries; which shall grow to a minimum height of the approved structure. Vegetation and landscaping shall be planted within 12 months of this consent to the reasonable satisfaction of Council. Any such vegetation shall be replaced if and when it dies or becomes seriously diseased.
5. A detailed landscaping plan incorporating indigenous plant species shall be prepared and provided to Council’s Planning and Compliance staff for endorsement prior to full development approval being granted
6. Driveway access to the dwelling shall be of all-weather construction prior to occupation of the development and shall be maintain and accessible at all times.
7. An application for the on-site waste-water treatment systems for the dwelling shall be submitted to, and approved by, the Council prior to Development Approval being issued if still required.
CARRIED
Naracoorte Lucindale Council, Council Assessment Panel Minutes 2 July 2020 Page 5
ITEM 6 CONFIDENTIAL MATTERS (if any)
ITEM 7 OTHER BUSINESS
ITEM 8 NEXT MEETING
TBA
ITEM 9 MEETING CLOSURE
CLOSURE: Meeting closed at 4.42pm
……………………………………………. CONFIRMED
………………………….. DATE
Naracoorte Lucindale Council, Council Assessment Panel Minutes 2 July 2020 Page 6
DEVELOPMENT DECISIONS JUNE 2020
REFERENCE DESCRIPTION LOCALITY ADDRESS LODGED DETERMINED DECISION NUMBER Truck & Trailer Parking Facility, Irrigation Pipe Storage Lot 456 Kingston Avenue West 674/0158/19 Naracoorte 23.10.19 22.06.20 APPROVED Area & Associated Accommodation Units Naracoorte 674/022/20 Change of Use – Migrant Resource Centre Naracoorte 64 Smith Street 03.02.20 18.06.20 APPROVED 674/027/20 Toilet Block Struan 47 Scottneys Road 17.02.20 02.06.20 APPROVED 674/028/20 Pergola Lucindale 25 Potts Lane 20.02.20 10.06.20 APPROVED 674/029/20 Relocation of Advertising Signage Lucindale 3115 Lucindale Road 21.02.20 05.06.20 APPROVED 674/055/20 Farm Implement Shed Struan 112 Stony Point Road 17.04.20 30.06.20 APPROVED 674/059/20 Farm Shed Koppamurra 227 Possinghams Road 28.04.20 09.06.20 APPROVED Wild Dog 674/065/20 Sheep Cover Shelter 1497 Boddingtons West Road 08.05.20 02.06.20 APPROVED Valley Wild Dog 674/066/20 Farm Implement Shed 903 Boddingtons West Road 06.05.20 02.06.20 APPROVED Valley 674/079/20 Hotel Alterations Naracoorte 158 Smith Street 20.05.20 01.06.20 APPROVED 674/081/20 Garage Naracoorte 45 Gordon Street 20.05.20 25.06.20 APPROVED 674/082/20 Carport Naracoorte 37 Butler Terrace 13.05.20 05.06.20 APPROVED Detached Dwelling including garage, portico and 674/085/20 Naracoorte Lot 671 Hampton Road 20.05.20 29.06.20 APPROVED alfresco with associated domestic shed 674/087/20 Verandah Naracoorte 1 Guernsey Street 27.05.20 05.06.20 APPROVED 674/088/20 Hay Shed Naracoorte 11520 Riddoch Highway 01.06.20 10.06.20 APPROVED 674/089/20 Domestic Shed Naracoorte 54 Jenkins Terrace 02.06.20 10.06.20 APPROVED 674/091/20 Domestic Shed Naracoorte 16 Foster Street 02.06.20 10.06.20 APPROVED 674/092/20 Machinery & Hay Shed Coles 1318 Charcutt Road 01.06.20 10.06.20 APPROVED 674/094/20 Machinery Shed Naracoorte 355 Carters Road 02.06.20 23.06.20 APPROVED 674/095/20 Re-Roofing of heritage building Naracoorte 64 Smith Street 04.06.20 11.06.20 APPROVED 674/098/20 Domestic Shed Naracoorte 2 Sandstone Avenue 12.06.20 18.06.20 APPROVED 674/099/20 Detached Dwelling with garage, portico and alfresco Naracoorte 9 Wheeler Street 09.06.20 18.06.20 APPROVED Detached Dwelling including garage, portico and 674/102/20 Naracoorte Lot 29 Premier Drive 11.06.20 23.06.20 APPROVED alfresco 674/104/20 Machinery & Tool Shed Cadgee 8495 Riddoch Highway 23.06.20 30.06.20 APPROVED
NARACOORTE LUCINDALE COUNCIL JUNE 2020 DEVELOPMENT APPROVALS REPORT
2019 2020 2021
Running Running Running Running Running Running Totals Totals Totals Totals Value Totals Totals No of Approval Value ($) Approvals ($) Approvals Value ($) No of No of Approvals s Value ($) Approvals 2019 Approvals 2020 2020 (Total) 2021 2021 (Total) Value ($) 2019 (Total) Value ($)
January 9 1,100,862 9 1,100,862 8 811,689 8 811,689 February 12 1,642,830 21 2,743,692 19 1,537,174 27 2,348,863 March 12 1,194,468 33 3,938,160 17 1,449,370 44 3,798,233 April 13 2,145,493 46 6,083,653 8 538,636 52 4,336,869 May 14 365,833 60 6,449,486 20 1,268,717 72 5,605,586 June 19 1,107,859 79 7,557,345 24 1,724,952 96 7,330,538 July 22 15,736,411 101 23,293,756 August 17 825,468 118 24,119,224 September 14 349,780 132 24,469,004 October 17 1,058,801 149 25,527,805 November 11 2,387,951 160 27,915,756 December 14 1,296,626 174 29,212,382
Total Approvals – 174 Total Approvals – Total Approvals – Total Value - $29,212,382 Total Value - Total Value -
The Limestone Coast Local Government Association (LCLGA) is a regional subsidiary established by the seven Constituent Councils in the Limestone Coast region of South Australia; City of Mount Gambier, District Council of Grant, Kingston District Council, Naracoorte Lucindale Council, District Council of Robe, Tatiara District Council & Wattle Range Council.
MEETING SUMMARY LCLGA General Meeting, 19th June 2020, Via Video Conference 1. Guest Speaker Tony Pasin – Member for Barker Mr Pasin provided an update on the federal government response to the COVID -19 Pandemic health and economic crisis. New Homebuilder program has been well received, and the take up is strong across the region with increased land sales. Councils can expect to see an increase in development applications. The job keeper program continues to be a focus for the Morrison Government, as does the emphasis on jobs creation through stimulus funding programs. The next round of BBRF may open early in 2021 after Round 4 resulted in Tatiara District Council receiving $700,000 to assist with the upgrade of facilities at Bordertown Caravan Park. President Mayor Erika Vickery thanked Mr Pasin for the recent funding announced to support local councils, local jobs and businesses. Further information and updates can be found at https://www.tonypasin.com/ Mr James Cameron & Ms Sharie Detmar – Department for Environment and Water (DEW) In 2018 LiDAR mapping projects were undertaken across the Limestone Coast and Eyre Peninsular. The LiDAR project, due to improved technology, resulted in more accurate mapping outcomes. Datasets were developed into an Inundation Web Mapping Application which will be available in the future. The Coastal Protection Board provided grants to Local Councils of up to 80% of project costs. Further assistance is available from DEW for Local Government planning, research, complex assessments and strategy development. 2. Recommendation Reports & Items for Noting 2.1 LCLGA Strategic Plan - 2020-2025 LCLGA Strategic Plan - 2020-2025 was adopted LCLGA General Meeting in June 2020. 2.2 LCLGA Draft Annual Business Plan 2020-2021 The draft plan was presented and endorsed for distribution to member councils. Comments and/or amendments to the Draft Business Plan are requested by Friday 31st July 2020.
2.3 LC Recovery and Rebuild Plan The board endorsed the LC Recovery and Rebuild Plan and commenced implementation. 2.4 SEGRA Conference Cancellation The SEGRA conference planned for 2020 was cancelled due to the risks from the COVID-19 virus. The LCLGA board agreed we will not be seeking to take up the opportunity to host the 2022 conference.
2.5 Proactive Advocacy Executive Officer to develop a proactive advocacy agenda with feedback sought on the key areas to be considered.
Further information available by contacting Mr Tony Wight, Executive Officer P:0417 442 296 or via the Office P: 08 8723 7310 E: [email protected]. Copy of reports can be found on the LCLGA Website www.lclga.sa.gov.au MINUTES OF THE GENERAL MEETING OF THE LIMESTONE COAST LOCAL GOVERNMENT ASSOCIATION HELD ON FRIDAY 19TH JUNE 2020 VIA ZOOM VIDEO CONFERENCE
1.0 MEMBERS/DEPUTY MEMBERS
President Mayor Erika Vickery opened the meeting at 10.02 and welcomed all members and Guests.
1.1 Present
Naracoorte Lucindale Council Mayor Erika Vickery (LCLGA President) City of Mount Gambier Mayor Lynnette Martin (Mayor) Mayor Des Noll Wattle Range Council Deputy Mayor Moira Neagle District Council of Grant Mayor Richard Sage (LCLGA Vice President) Kingston District Council Mayor Kay Rasheed District Council of Robe Mayor Alison Nunan Tatiara District Council Deputy Mayor Robert Mock 1.2 In Attendance District Council of Grant Mr Darryl Whicker (CEO) Wattle Range Council Mr Paul Duka (Acting CEO) Naracoorte Lucindale Council Mr Trevor Smart (CEO) District Council of Robe Mr James Holyman (CEO) Kingston District Council Ms Nat Traeger (CEO) Tatiara District Council Ms Anne Champness (CEO) Mr Tony Wright (EO) LCLGA Ms Mae Steele (Executive Assistant & Corporate Services Officer) 1.3 Guests and Observers LGA SA Ms Alicia Stewart (Policy Director) Federal Member for Barker Mr Tony Pasin MP PIRSA Ms Peta Crewe (Regional Manager – Limestone Coast) Department of Environment James Cameron and Shari Detmar 1.4 Apologies Wattle Range Council Mr Ben Gower (CEO) Tatiara District Council Mayor Graham Excell City of Mount Gambier Mr Andrew Meddle (CEO) Mr Troy Bell MP Member for Mount Gambier Mr Travis Fatchen (Office Manager) Member for MacKillop Mr Nick Mc Bride MP
“That the apologies be accepted.”
Moved, City of Mount Gambier Seconded, Wattle Range Council CARRIED 2.0 DISCLOSURE OF INTERESTS Any delegate or staff member with a potential conflict of interest is asked to declare the interest on the supplied Conflict of Interests Declaration Form detailing what the conflict is and why they will not be participating in any item relating to that issue. NIL
LCLGA General Meeting Agenda 19 June 2020
With the leave of the meeting President Erika Vickery paused proceedings to allow Mr Tony Pasin, Federal Member for Barker to address the group and for Guest Speakers Mr James Cameron and Ms Sharie Detmar to make a presentation.
Mr Tony Pasin MP
Mr Pasin provided an update on the federal government response to the COVID -19 Pandemic health and economic crisis. New Homebuilder program has been well received and the take up is being felt across the region with increased land sales. Councils may feel the impact with increased development applications. The job keeper program continues to be a focus for the Morrison Government as does the emphasis on jobs creation through stimulus funding programs. The next round of BBRF may open early in 2021 after Round 4 resulted in Tatiara District Council receiving $700,000 to assist with the upgrade of facilities at Bordertown Caravan Park. President Mayor Erika Vickery thanked Mr Pasin for the recent funding announced to support local councils, local jobs and businesses. Further information and updates can be found at https://www.tonypasin.com/
Mr James Cameron & Ms Sharie Detmar – Department for Environment and Water (DEW)
In 2018 LiDAR mapping projects were undertaken across the Limestone Coast and Eyre Peninsular. The increased LiDAR project specifications due to improving technologies and partnerships resulted in more accurate outcomes, products and applications. The 2018 datasets have improved with technology advancements since 2007/2008 project. Datasets developed into an Inundation Web Mapping Application which will soon be live and accessible. Coastal Protection Board provides grants to Local Councils of up to 80% of project costs. DEW is able to assist with development of project scopes and selection and supervision of consultants undertaking adaptation planning projects. Further assistance is available from DEW for planning, research, complex assessments and strategy development.
3.0 MINUTES OF MEETINGS
3.1 Confirmation of the Minutes of the LC LGA General Meeting held via Zoom on 17th April 2020.
“That the Minutes of the LC LGA General Meeting held on 17th April 2020 be taken as read and confirmed as a true and correct record of the proceedings at that meeting.”
Moved, District Council of Grant Seconded, Wattle Range Council CARRIED
4.0 MATTERS ARISING FROM THE MINUTES - ACTION SHEET Business arising from the Minutes of the June General Meeting. Tony Wright made note of the progress on Item 7.8 from the April meeting regarding the Joint Planning Board (JPB). The work has continued with resolving the insurance risk position for the future Regional JPB.
5.0 CORRESPONDENCE
5.1 Inwards and Outwards Key Correspondence to 15th June 2020
LCLGA General Meeting Agenda 19 June 2020
Many of these correspondence items will have been received directly by member councils. Should any delegate wish to access any correspondence items listed, but not included with this agenda, they can be made available by contacting the LC LGA Executive Officer.
“That correspondence be received and noted by LC LGA delegates.”
Moved, District Council of Robe Seconded, City of Mount Gambier
CARRIED
6.0 FINANCIAL
6.1 Financial Reports Executive Officer
It is recommended that LC LGA:
1. Receive and note the finance reports: a. Report from the Executive Officer, noting the amended interest rate to Term Deposit 2 form 1.27% to 1.07%. b. The Balance Sheet for the period ending 30th April 2020. c. The Consolidated Profit and Loss Budget Analysis for the period 1st July 2019 to 30th April 2020.
Moved, District Council of Robe Seconded, Wattle Range Council CARRIED
It was noted that the Joint Planning Board costs will not impact the Council contributions until the 2021/2022 budget.
7.0 RECOMMENDATION REPORTS
7.1 LCLGA Strategic Plan - 2020-2025
Executive Officer
It is recommended that LC LGA;
Approve the LCLGA Strategic Plan- 2020-2025.
Moved, Kingston District Council Seconded, Wattle Range Council
CARRIED
7.2 LCLGA Annual Business Plan 2020-2021
Executive Officer
It is recommended that LC LGA;
1. The draft plan is attached for consideration by LCLGA Councils.
LCLGA General Meeting Agenda 19 June 2020
2. Request that any comments and/or amendments to the Draft Business Plan be communicated back to the Executive Officer no later than the Friday 31st July 2020 prior to final adoption at the August 2020 Board meeting of the LCLGA.
Moved, District Council of Robe Seconded, City of Mount Gambier CARRIED
7.3 SEGRA Conference
Executive Officer
It is recommended that LC LGA;
Advise SEGRA we will not be seeking to take up the opportunity to host the 2022 conference.
Moved, City of Mount Gambier Seconded, Kingston District Council
CARRIED
7.4 Inundation Web Mapping Application Launch
Executive Officer
It is recommended that LC LGA;
Receives and notes the report.
Moved, District Council of Grant Seconded, District Council of Robe CARRIED
7.5 LC Recovery and Rebuild Plan
Executive Officer
It is recommended that LC LGA;
Receives and notes the report.
Moved, District Council of Grant Seconded, Kingston District Council
CARRIED 7.6 Proactive Advocacy
Executive Officer
It is recommended that LC LGA;
LCLGA General Meeting Agenda 19 June 2020
Note the proposed process to develop a proactive advocacy agenda and provide some preliminary feedback on the key areas to be considered.
Moved, District Council of Grant Seconded, Wattle Range Council CARRIED
The President, with consent of the members, moved the 7.7 & 7.8 to the end of the meeting for the purpose of dealing with them In confidence after all other Guests and Observers have left the video conference.
8.0 INFORMATION REPORTS
8.1 LC LGA President’s Report Since the last LCLGA meeting there have been many webinars, briefings and meetings relating to COVID-19 pandemic with nearly all meetings conducted on-line. There has been a shift from information relating to restrictions to a focus on recovery of our communities as restrictions begin to be lifted.
Through the LCLGA, the seven councils have been working on plans and actions that will assist businesses, particularly those in the tourism industry, recover as the restrictions are lifted. South Australian Tourism Commission (SATC), Tourism Industry Council of SA (TiCSA), RDA LC, SAROC and LGASA are all contributing to the discussions.
With South Australians being encouraged to travel throughout the state, visitor numbers to this region have been increasing and businesses that opened during the June long weekend reporting good numbers.
A big thank you to all our staff who have continued to work hard throughout the last two months under the challenges that have arisen due to the restrictions in place. With the tourism industry being so impacted I acknowledge our Tourism Industry Development Manager, Biddie Shearing, for the extra work in working with the tourism industry and the development of the Limestone Coast Recovery and Rebuilding Action Plan.
I would also like to thank all the Mayors for their support. The weekly meeting via zoom have been very informative and supportive through times that have challenged us all Congratulations to Mayor Alison Noonan on winning the Stand Like Stone Streaming with the Stars Dance Competition.
29th April SA Regional LGA EO’s meeting 30th April SATC Regional Roundtable – Limestone Coast LGA Mayors and CEOs zoom meeting The LGA hosted a COVID-19 briefing at 3.30pm on Business Support and Economic Recovery 1st May LGA Research & Development Committee meeting LCLGA Budget workshop with LCLGA Mayors and CEOs for 2020/21 financial year RDA LC and LCLGA Presidents and EOs meeting
5th May LGA Annual Business Plan and Strategic Planning Information session The Advertiser interview re travelling into regional areas 11th May Limestone Coast Sports Academy Steering Committee meeting – zoom
12th May Facebook videos for National Volunteers Week
13th May SATC webinar in collaboration with Deloitte.
LCLGA General Meeting Agenda 19 June 2020
Over 430 tourism representatives on the line, showed there was high level engagement and the enthusiasm for kickstarting our state’s incredible tourism industry. LGA Mayors and CEO a COVID-19 briefing at 7pm with Premier Steven Marshall to discuss the next steps for South Australia as some COVID-19 restrictions are eased 15th May LCEDG subcommittee meeting LCLGA Mayors zoom meeting
21st May South Australian Regional Organisation of Councils (SAROC) zoom meeting LGA Board of Directors meeting
22nd May Limestone Coast Mayors meeting 27th May RAI Regions Rising Webinar - over 800 participants Guest speaker - Mark Coulton – Federal Minister Connectivity and Health are important to people moving to the regions. 28th May Dry Conditions Working Group – SAROC delegate - zoom 10th June TiCSA Nature Based Tourism funding webinar 12th June LC Mayors meeting Limestone Coast Recovery committee meeting 18th June LGA Board of Directors meeting
8.1.1 LGA Board (i) Draft Minutes and key outcomes of the LGA Board of Directors Meetings held on 23rd April 2020 and 21st May 2020. Refer to pages 192-216
8.1.2 SAROC (ii) Draft Minutes and key outcomes of the of the SAROC Committee Meeting held on 21st May 2020. Refer to pages 217-225
8.2 Local Government Association of SA Alicia Stewart – Policy Director joined the meeting and discussed the following items: - Value of Councils strengthened through COVID -19 - Advocacy, leadership and support in various areas including COVID hotline and online tool, functional support group, REX air service, Childcare funds, discounted borrowing rates through LGFA, LG Act amendments, public lighting savings. - Recovery Awareness Campaign – Real stories about councils making a difference in communities. Leigh McClusky, councils encouraged to contact LGA SA. - 2020-21 Awareness campaign will have a focus on council Tourism investment. - Online Training adapted technology - New legal agreement Norman Water House - Economic Impact of COVID on councils and community groups - Rating Capping 2.0 Amendment Bill - LG Financial Assistance Grants - Planning Design Code - LG Reform Amendment Bill – LGA SA Discussion Paper released on Monday 22nd June. Andrew lamb attending LCLGA Board meeting 14th August - LGA SA - Latest information available from e-newsletters, webinars, AGM, call or email feedback.
8.3 Executive Officer Tony Wright
8.4 Starclub Field Officer Tony Elletson
LCLGA General Meeting Agenda 19 June 2020
8.5 Tourism Industry Development Manager Biddie Shearing
8.6 Regional Community Road Safety Officer Ali Auld
8.7 Limestone Coast Leadership Program Ali Auld
8.8 LC Substance Misuse Project Officer Sophie Bourchier
8.9 Program Coordinator (Withdrawn) Michaela Bell
It is recommended that LC LGA: “the reports for LC LGA President, Local Government Association SA, Executive Officer, Starclub Field Officer, Tourism Industry Development Manager, Regional Community Road Safety Officer, Limestone Coast Leadership Program and Substance Misuse Project Officer be received and noted excluding Item 8.9.”
Moved, District Council of Robe Seconded, Kingston District Council
CARRIED
9.0 EXTERNAL SUBMISSIONS FOR NOTING
9.1 No new submissions since 17th April 2020
10.0 LCLGA SUB-COMMITTEE MINUTES
10.1 LC LGA Tourism Management Group Minutes – 27 April & 9 June 2020
10.2 LC LGA Regional Waste Management Committee Minutes– 25 May 2020
10.3 LC LGA Economic Development Group Minutes – 28 April 2020
It is recommended that LC LGA;
“The Minutes and reports from the LCLGA Sub-Committees having first been circulated amongst members, be adopted.”
Moved, District Council of Robe Seconded, City of Mount Gambier
CARRIED
11.0 OUTSIDE ORGANISATIONS AND COMMITTEES
The following reports where provided.
11.1 Regional Development Australia Limestone Coast David Wheaton - Chief Executive Officer
11.2 LC Heritage Advisory Services Reports – April 2020 Richard Woods
LCLGA General Meeting Agenda 19 June 2020
11.3 PIRSA Peta Crewe An overview of current support services and activities was provided including: - 2020-21 round of the Regional Growth Fund Link here - Seasonal Jobs Website https://www.seasonaljobs.sa.gov.au/, - Seafood Advisory Forum Link here
12.0 OTHER BUSINESS
1.0 Late Item Letter sent to LCLGA from Mayor Graham Excell, Tatiara District Council (TDC) was circulated on Thursday 18th June 2020 to members regarding Vegetation Management on State and National Roadsides.
The following actions were sought
1. LCLGA write to the Premier of South Australia describing the difficulties in managing roadside vegetation across the Limestone Coast, particularly on state and national roads and highways, seeking a solution from the Premier and Cabinet. 2. LCLGA appeal to the Minister for transport to hasten the process of prescribing the corridors of the Dukes Highway, Riddoch Highway and Princes Highway as “Controlled Access”.
Following a discussion members agreed to consider the matter further as a whole of Limestone Coast issue before adopting the actions as formal motions. Executive Officer to work with the individual councils through the CEO group and collate/coordinate the LCLGA collective position on the matter.
12.00pm Mr Peter Gandolfi (Chair) and Mr David Wheaton (CEO) from RDA Limestone Coast joined the Meeting.
David Wheaton provided an overview of his report tabled in Item 11.1
12.09pm Alicia Stewart, Peta Crewe, Ian McKay Left the meeting and did not return.
12.11pm President Erika Vickery declared a conflict of interest due to being a board member of RDA Limestone Coast and left the meeting.
Vice President Mayor Richard Sage and Executive Officer Tony Wright co-chaired the meeting.
Items 7.8 - In-Confidence (circulated under a separate cover)
Pursuant to Section 3.6.18 of the LCLGA Charter, and Section 90 of the Local Government Act 1999, the Association orders that the public with the exception of:
Ms Nat Traeger (CEO) Kingston District Council Ms Anne Champness (CEO) Tatiara District Council Mr Darryl Whicker (CEO) District Council of Grant Mr Paul Duka (Acting CEO) Wattle Range Council Mr Trevor Smart (CEO) Naracoorte Lucindale Council Mr James Holyman (CEO) District Council of Robe Mr Tony Wright (EO - LCLGA Ms Mae Steele (Executive Support Officer) – LCLGA and
LCLGA General Meeting Agenda 19 June 2020
Mr Peter Gandolfi (Chair) Mr David Wheaton (CEO)
be excluded from attendance at the meeting in order to consider and discuss Confidential Item 7.8 RDALC Funding Model and Activities.
1. Is satisfied that the principle that meetings of LCLGA should be conducted in a place open to the public has been outweighed in relation to this matter because it relates to information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person.
Moved, Kingston District Council Seconded, City of Mount Gambier CARRIED
7.8 RDALC Funding Model and Activities
Executive Officer
Report was tabled and a discussion pursued about the annual funding model and activities.
12.43pm Mr Peter Gandolfi (Chair) and Mr David Wheaton (CEO) from RDA Limestone Coast left the meeting and did not return.
12.45pm President Mayor Erika Vickery returned to the meeting and resumed the Chair.
Items 7.7 - In-Confidence (circulated under a separate cover) Pursuant to Section 3.6.18 of the LCLGA Charter, and Section 90 of the Local Government Act 1999, the Association orders that the public with the exception of:
Ms Nat Traeger (CEO) Kingston District Council Ms Anne Champness (CEO) Tatiara District Council Mr Darryl Whicker (CEO) District Council of Grant Mr Paul Duka (Acting CEO) Wattle Range Council Mr Trevor Smart (CEO) Naracoorte Lucindale Council Mr James Holyman (CEO) District Council of Robe Mr Tony Wright (EO - LCLGA Ms Mae Steele (Executive Support Officer) – LCLGA
be excluded from attendance at the meeting in order to consider and discuss Confidential Item 7.7 Appointment of Auditor and Activities.
2. Is satisfied that the principle that meetings of LCLGA should be conducted in a place open to the public has been outweighed in relation to this matter because it relates to information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person.
Moved, City of Mount Gambier Seconded, District Council of Robe CARRIED
LCLGA General Meeting Agenda 19 June 2020
7.7 Auditor Appointment
Executive Officer
It is recommended that LCLGA;
That the Board approves the appointment of Dean Newbery & Partners as external auditors to the LCLGA for a period of 5 years with an annual review.
Moved, District Council of Robe Seconded, Wattle Range Council
CARRIED
13.0 MEETING CLOSED – 1pm
The next LC LGA General Meeting is to be held in Wattle Range Council Friday 14th August 2020. Acceptances and apologies to Mae Steele, Executive Assistant & Corporate Services Officer Phone 8723 7310 or Email [email protected]
LC LGA CALENDAR
Date Meeting Location 23 rd July 2020 SAROC LGA House, Adelaide
14th August 2020 LC LGA GM Wattle Range Council
TBC August 2020 LGA Roads & Works Conference TBC
17th September 2020 SAROC Kadina 9th October 2020 LC LGA District Council of Robe
29th October 2020 LGA Conference & AGM Adelaide Town Hall 19th November 2020 SAROC LGA House, Adelaide 11th December 2020 LC LGA GM & Christmas Lunch Grant District Council
TBA February 2021 SAROC LGA House, Adelaide 12th February 2021 LG LGA AGM & GM Tatiara District Council
LCLGA General Meeting Agenda 19 June 2020
NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY 107 ROAD NETWORK EXTENSION AND UPGRADE
RESPONSIBLE OFFICER: Chief Executive Officer RELEVANT DELEGATIONS: Director Operations, Manager Planning and Compliance
LEGISLATION AND REFERENCES: Local Government Act, 1999 Roads (Opening and Closing) Act, 1991 Accounting Policy – Infrastructure, Property, Plant & Equipment Road Hierarchy and Levels of Service Guidelines
PURPOSE OF POLICY This Policy provides a basis for Council to determine applications to extend or upgrade the Naracoorte Lucindale Council road network. Naracoorte Lucindale Council recognises that care and management of its existing road infrastructure assets is an essential element in achieving the organisation’s stated vision and to meet the present and future needs of the community.
DEFINITIONS Applicant – The land holder (or prospective land holder) making application to the Council in writing either through a Development Application or other request. Asset Management – The combination of management, financial, economic, engineering and other practices applied to physical assets with the objective of providing the required level of service in the most cost effective manner. Whole of Life Cost – The total cost of an asset throughout its life including planning, design, construction, acquisition, operation, maintenance, rehabilitation and disposal costs. Upgrade - To upgrade a road is to alter the road’s classification within Council’s Road Hierarchy, changing the purpose for which the road was designed. Examples include; • upgrading a road from a Track to Local Access road to facilitate the type of traffic movement, • upgrading a road from an unsealed to sealed surface Extension - To build additional tracks, roads or infrastructure to provide improved or additional access. This will generally only occur where there is new development or there is significant benefit to the community.
BACKGROUND Council carries out numerous maintenance activities on a substantial road network with limited resources, both financial and physical.
June 2020 Version Page 1
NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY 107 ROAD NETWORK EXTENSION AND UPGRADE
Council’s road network comprises approximately 1,675 km of constructed road plus many kilometres of unmade road reserves: • Rural Roads (Sealed) 406km • Rural Roads (Unsealed) 1182km • Urban Streets (Sealed and Unsealed) 84km • Unmade Road Reserves Approximately 600km
Funding for road works is available from: • Rate Revenue • State Government Grants • Federal Government Grants • Private Contributions It is recognised that there is a substantial shortfall, both State and Nation-wide, for the maintenance of roads and associated infrastructure assets, and that Council’s current road budgets are supplemented by Grants Commission Funding, Supplementary Road Funding and Roads to Recovery funding. There is no guarantee that the Supplementary Road or Roads to Recovery Funding will continue in the future. Additional funding programs such as the National Stronger Regions Fund, Heavy Vehicle Safety Productivity Program and Regional Growth Fund provide opportunities to attract funding and accelerate capital works programs. Therefore Council’s opportunities to fund road extensions or upgrades are very limited and any decision to proceed with such works should be founded under the guiding principles of this Policy and Council’s Strategic Management Plans.
PRINCIPLES Urban Network – Council will consider a sealed surface within townships where the sealing of the road and provision of associated infrastructure will provide important stormwater management or other assessed benefits Rural Network – Council will maintain a network of unsealed roads and upgrade to sealed where vehicle movements exceed 100 per day or meet criteria outlined below under Guidelines to Good Practice – Rural Roads Rural Living Network – will generally be maintained as an unsealed network unless an assessment warrants upgrading to a sealed surface
Council is committed to directing available resources to the most cost-effective outcomes for the community, based on sound Asset Management and Town Planning principles.
June 2020 Version Page 2
NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY 107 ROAD NETWORK EXTENSION AND UPGRADE
Council will achieve this objective by: • Giving priority to funding the maintenance of existing road infrastructure ahead of extending or upgrading the road network in order to maximise Council’s limited financial resources • Undertaking works which reduce the future maintenance costs of Council and/or significantly extend the useful life of existing assets. • Undertaking structure (integrated land use and transport) planning to identify strategic opportunities for growth in the road network • Only considering applications for extension or upgrade to the road network where no other all weather access (gravel road) or road frontage is available • Requiring applicants generally to pay for any extension or upgrade to the road network where the applicant is the primary beneficiary • Only considering funding of an extension of upgrade of the existing road network where significant benefit to the community exists
GUIDELINES TO GOOD PRACTICE – RURAL ROADS The “Unsealed Roads Manual – Guidelines to Good Practice” published by the Australian Road Research Board states that it may be difficult to economically justify sealing a road carrying less than an annual average daily traffic (AADT) of 100 vehicles per day (VPD) unless there are special circumstances. There may be exceptions to the general principles of this philosophy where there are, for example, exceptional maintenance or safety issues. The extension of the rural sealed road network may be considered subject to a detailed evaluation including the following assessment of: • Current and future volumes, and functional suitability of the road including consideration of the commercial vehicle usage • Road user costs in terms of travel time, accident costs and vehicle operating costs • Whether the proposal will divert traffic from other routes or generate new traffic • Cost to maintain the road over the pavement lifecycle including consideration of existing maintenance costs and any reduction that may be obtained by the upgrade • Cost of the proposal, which may be staged over a construction period • Safety features of the unsealed road taking into consideration as road safety audit and crash statistics • Industry/residential benefits e.g. consideration be given to sealing short segments fronting properties as an alternative to sealing a full section of road • The number of properties/premises served by the road
June 2020 Version Page 3
NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY 107 ROAD NETWORK EXTENSION AND UPGRADE
REQUESTS FOR ROAD EXTENSION OR UPGRADE Unless otherwise required by a Condition of Development or Agreement, Council will maintain the following road types, after they are constructed and after any applicable defects liability periods, at Council’s cost, in accordance with the applicable category within Council’s adopted Road Hierarchy and Levels of Service Guidelines.
Opening a New Public Road (generally by way of land division) Providing that all relevant Development Approvals are given, Council will approve the opening of a new public road subject to the applicant meeting the full cost (including all legal costs) of opening the public road and providing a road surface and associated infrastructure commensurate with Council’s Standards and the adopted Road Hierarchy & Levels of Service Guidelines as referenced in the development approval.
Opening a Public Road Reserve to Traffic or Upgrading an Earthen Track Where no other all weather access (gravel road) or road frontage is available, Council may upgrade a public road reserve or an earthen track to a trafficable standard commensurate with Council’s Engineering Guidelines for Development and the adopted Road Hierarchy and Levels of Service Guidelines subject to the applicant meeting the full cost of the upgrade. Where development approval (building, planning or land division) is sought, the requirement to pay the full cost of upgrading the public road reserve or earthen track and associated infrastructure should be referenced as a development condition. Where no other all weather access (gravel road) or road frontage is available, and subject to there being sufficient funds available and in consideration of the additional benefits to the Community in excess of those to be received by the applicant, Council may consider contributing up to 50% of the cost towards the provision of the all-weather access (gravel road) to the subject property boundary by the shortest approved route from the existing road network.
Where a property owner is seeking to improve access to their property via an unmade road reserve or ‘informal track’, permission to place rubble, culverts or undertake other improvements such as grading will be granted via a Section 221 Application. The road reserve or ‘informal track’ will continue to be classed as an unmade road reserve, with maintenance responsibilities remaining with the applicant.
Upgrading an Unsealed (Gravel) Road to a Sealed Road Council may approve the upgrade of a gravel road to a sealed road standard subject to the applicant meeting the full cost of providing a sealed road pavement to the standard applicable under the Engineering Guidelines for Development and Council’s adopted Road Hierarchy and Levels of Service Guidelines. Subject to there being sufficient funds available and in consideration of the additional benefits to the Community in excess of those to be received by the Applicant, Council may consider contributing up to
June 2020 Version Page 4
NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY 107 ROAD NETWORK EXTENSION AND UPGRADE
50% of the cost towards the provision of a sealed road access based on the public/private benefit and where the whole of life cost to provide a sealed road is less than the whole of life cost to provide a gravel road.
OTHER RELEVANT POLICIES / PROCEDURES
• Strategic Management Plan • Asset Management Plan • Road Hierarchy and Levels of Service Guidelines
POLICY REVIEW This policy will be reviewed every four years.
AVAILABILITY OF POLICY The public may inspect a copy of this policy, without charge, at the Council’s Naracoorte and Lucindale offices during office hours. Council employees can access a copy of the policy on Council’s network or by contacting the Responsible Officers. The Policy is also available on Council’s website www.naracoortelucindale.sa.gov.au
ADOPTION AND AMENDMENT HISTORY
Date Authorised by Minute Reference February 2023 Next review June 2020 Council 562/20 - Amendment February 2019 Council 164/19 25 February 2014 Council 282/14 26 August 2008 Council 62/09 28 August 2007 Council 44/08 22 August 2006 Council 57/07 – Policy adopted
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